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MADPET
(Malaysians Against Death
     Penalty and Torture)
MADPET
Came into being in January 2005
MADPET Blog - http://madpet06.blogspot.com/
MADPET Yahoo Group
MADPET Facebook Page
  http://www.facebook.com/groups/199106206769239/

 * we also use other e-Groups, Blogs, alternative media, etc…
 * we use talks, forums, radio/TV,
 * we use awareness building …information providing …
 * we use Media Statements – preferably Joint Statements
Death penalty in Malaysia
441 hanged to death since 1960, another 696 on death
 row as at 20/2/2011
Between 2000-2010, 9 persons were hanged for
 murder
860 sentenced to death in Malaysia - on death
 row (as of 28/2/2012)
Today, there are about 900/930 on death row.
When Malaysia Hangs – We are
personally responsible
And we hanged – no MURDERED 441 persons since
 1960 until March 2011
And, 81 percent of them did not directly take
 another human being’s life. (Murder – 78 or 18%)
130 were killed because we choose to charge them
 under the ISA, the only one that provides for
 mandatory death penalty – and not 2 other laws
 that could be used.
228 were for drug trafficking
Malaysian Death Penalty (1960 – March 2011)
                                             Executed                    Death Row
                Drug                        228 [52%]                     479 [69%]
             Trafficking
              Firearms                      130 [29%]                        13 [2%]
                Murder                       78 [18%]                     204 [29%]
                 Others                         5 [1%]
                 TOTAL                             441                           696


    Home Minister Hishammuddin Hussein’s reply to Bukit Bendera MP Liew Chin Tong’s question last Thursday
  [i]

  (31/3/2011) in Parliament - Free Malaysia Today, 3/4/2011, Time to abolish death sentence.
Malaysian Death Penalty (1980 -2005)
      Statistical Breakdown of 234 out of 358 Executed
[i]    MALAYSIANS                                       184
       Malays                                           48
       Chinese                                          102
       Indian                                           15
       Others                                           19

       FOREIGN NATIONALS                                50
       Thailand                                         7
       Philippines                                      23
       Singapore                                        4
       Indonesia                                        2
       Australia                                        1
       Britain                                          1
       Pakistan                                         1


          Statistics from Prime Minister Abdullah Ahmad Badawi, who was also Minister for Internal
          Security, in response to a written question submitted in parliament. – Malaysiakini,
          3/2/2005, Gov't reveals execution statistics: 358 hanged in 24 years
Mandatory Death Sentence
 murder (sec. 302, Penal Code),
 drug trafficking (sec. 39B Dangerous Drugs Act 1952),
 unlawful possession of firearms (sec 57 Internal Security Act),
 the discharging of a firearm with intent to cause death or hurt
  to any person, shall, notwithstanding that no hurt is caused
  (sec. 3 Firearms (Increased Penalties) Act 1971) while
  committing the any of the following offences, being (a)
  Extortion, (b) Robbery, (c) preventing or resisting by any
  person, of his own arrest or the arrest of another by a police
  officer or any other person lawfully empowered to make the
  arrest, (d)Escaping from lawful custody, (e) Abduction or
  kidnapping under sections 363 to 367 of the Penal Code and
  section 3 of the Kidnapping Act 1961, or (f) House-breaking or
  house-trespass under sections 454 to 460 of the Penal Code …
 …….
Drug Trafficking (sec 39B Dangerous Drugs Act) –
When the burden shifts from prosecutor to the
accused
Legal Presumptions:-

37(d) any person who is found to have had in custody or
  under his control anything whatsoever containing any
  dangerous drug shall, until the contrary is proved,
  be deemed to have been in possession of such drug
  and shall, until the contrary is proved, be deemed to
  have known the nature of such drug; drug
Drug Trafficking (sec 39B Dangerous
Drugs Act) – When the burden shifts from
prosecutor to the accused *

 37(da) any person who is found in possession of -(i)
 15 grammes or more in weight of heroin;…(xxv)…
 otherwise than in accordance with the authority of this
 Act or any other written law, shall be presumed,
 until the contrary is proved, to be trafficking in
 the said drug
Drug Trafficking – 228 Hanged,
479 on death row
since 1960, 52% or 228 human
 beings in Malaysia who were
 hanged to death were for drug
 trafficking, and 479 or 69% of
 those currently in death row are
 there for this offence.
MALAYSIA
• 2010 –Malays about 50.4%, other Bumiputra about
  11%,Chinese 23.7% and Indian 7.1% plus all the rest.
• Muslim 61.3 per cent; Buddhist 19.8 per cent; Christian
                     cent
  9.2 per cent; Hindu 6.3 per cent; Confucianism, Taoism
  and other traditional Chinese religions 1.3 per cent; Atheist
  0.7 per cent; and other or unknown religions 1.4 per cent.
  [ Source: 2010 Population and Housing Census]
• Political leaders, civil service including police, military, etc – Malay
  Muslim…and in Islam, death penalty is permitted.
• Islam is state controlled – and dissenting views are not welcome.
• Political Risk to take an ‘anti-death penalty’ position
Uphill Task
Given the context, the struggle for the abolition of
 the Death Penalty is an uphill task – many, even
 strong human rights activists, would choose to
 ABSTAIN/AVOID on the issue of Death Penalty.
 Sadly some have even called for death penalty for new
 offences – child rapist, etc
Targets of our Campaign:- People, CSOs, NGOs,
 Trade Unions, Politicians, Government
Strategies:- Need to be creative ….and the means used
 must be varied
The way forward…
In our struggle to abolish the death penalty –
 we need to EXPAND to include others…
At the same time, we need to also expand our
 concern and actions making the struggle for
 human rights and justice our goal.
Our focus remains – and what is expected is minimal
 solidarity with others in fighting for Human Rights..
MADPET tries hard to take this approach…. in the
 struggle towards abolition of the Death Penalty… we try
 to make it not a MADPET struggle but an effort of all…
 (which sometimes means taking a back seat..)
MALAYSIAN BAR
2006 – Resolution for the Abolition of Death
 Penalty
2012 – Passes another Resolution (this time no
 abstention, no objections)
Since 2006, the Malaysian Bar has been
 consistent in the struggle for the abolition of the
 death penalty…
Malaysian Human Rights Commission
(SUHAKAM)
The   Commission has consistently called for the
 Government to consider a moratorium on the death
 penalty or commuting this form of punishment to life
 imprisonment, especially for those who have been on
 death row for more than five years. It also wishes to call
 upon the Government to review the relevance and
 effectiveness of capital punishment and to join the
 other 140 UN member states to completely abolish
 the death penalty. - Media Statement by TAN SRI HASMY AGAM
 Chairman ,The Human Rights Commission of Malaysia (SUHAKAM) 22
 October 2012
PROHAM & ….
 Proham recognises that society has a
  moral obligation to protect human life
  and not to take it. As such the death
  penalty is the ultimate irreversible
  denial of human rights. The death
  penalty is unjust.
 By abolishing the death penalty it
  affirms our condemnation of cruelty and
  affirms the value of human life. -
  3/11/2012. The Association for the Promotion of
  Human Rights or PROHAM is established by
  former members of the Human Rights                Umi Azlim Mohamad Lazim, 24,
  Commission of Malaysia (Suhakam) and the Royal    a university science graduate
  Police Commission.                                from a poor Malay family of rice
                                                    farmers, admitted to having 2.9
 IN SUPPORT OF ABOLISHING THE                      kilograms in her luggage when
  DEATH PENALTY AND APPEAL TO                       she was arrested at Shantou
                                                    airport
  REFORM CRIMINAL LAWS – CCM
  Youth 2/9/2010
79 Call for the Abolition of the Death Penalty in Malaysia
                                                  Malays
Joint Statement – 3/11/2012

We, the undersigned 79 groups and organisations
               abolition of the death
   ….We call for the
   penalty in Malaysia, for an immediate
   moratorium on all executions pending abolition
   and for the commutation of the sentences of all
   persons currently on death row
Call for the Abolition of the Death Penalty in Malaysia
                                               Malays
 ALIRAN (Aliran Kesedaran Negara), Malaysia * Amnesty International
   Malaysia * Catholic Lawyers Society, Malaysia * Civil Rights Committee
   KLSCAH (KL & Selangor Chinese Assembly Hall), Malaysia * Civil
   Society Committee of LLG Cultural Development Centre, Malaysia*
   Community Action Network (CAN), Malaysia * Jaringan Rakyat
   Tertindas (JERIT), Malaysia *Kesatuan Pekerja Pekerja Polyplastics Asia
   Pacific (KPPAP), Malaysia* Lawyers for Liberty, Malaysia * MADPET
   (Malaysians Against Death Penalty and Torture) * Malaysians for Beng
   Hock* Migrant CARE – Malaysia * NAMM (Network of Action for
   Migrants in Malaysia)* National League for Democracy (Liberated Area)
   Malaysia * Parti Rakyat Malaysia (PRM) * Persatuan Kesedaran
   Komuniti Selangor (EMPOWER) * Persatuan Masyarakat Selangor dan
   Wilayah Persekutuan (PERMAS), Malaysia * Persatuan Sahabat Wanita
   Selangor (PSWS), Malaysia * Pusat Komunikasi Masyarakat (Komas),
   Malaysia * Save Vui Kong Campaign, Malaysia * Saya Anak Bangsa
   Malaysia [SABM]* Seksualiti Merdeka, Malaysia * SUARAM, Malaysia*
   Tenaganita, Malaysia * WH4C (Workers Hub For Change) * Women's
   Aid Organisation (WAO) * Writers Alliance for Media Independence
   (WAMI), Malaysia * Women's Centre for Change, Malaysia * Malaysian
   Physicians for Social Responsibility(MPSR) = 29 Malaysian Groups –
   including 1 Trade Union, and 1 Political Party
Public Seminar on the Abolition of the Death Penalty in Malaysia (KL
Convention Centre, 13 Oct 2011)
BFM Radio (13/10/2011) - Talking with
 Charles Hector and Nico Tuijn about
 the death penalty
Debate on the Abolition of the Death
 Penalty in Malaysia on 1/3/2012 KLumpur
 Convention Centre, EU and Human Rights
 Commission of Malaysia (“SUHAKAM”)
VDO documentary entitled “Death in
 Dilemma: The Final Curtain”, produced by
 the Bar Council with funding from the EU,
24/2/2005 - MADPET:-Abolish The Death Penalty
3/11/2009 - MADPET:- MANDATORY DEATH
 PENALTY PROVISIONS IN LAW SHOULD BE
 REPEALED Unjust For Conned Drug Mules To Be
 Sentenced To Death for Drug Trafficking
23/10/2012 - MADPET welcomes move towards
 abolition of mandatory death penalty for drug
 offences

3/11/2012      - 79 Call for the
 Abolition of the Death Penalty
 in Malaysia
    Malays
Malaysians against death penalty

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Malaysians against death penalty

  • 1. MADPET (Malaysians Against Death Penalty and Torture)
  • 2. MADPET Came into being in January 2005 MADPET Blog - http://madpet06.blogspot.com/ MADPET Yahoo Group MADPET Facebook Page http://www.facebook.com/groups/199106206769239/  * we also use other e-Groups, Blogs, alternative media, etc…  * we use talks, forums, radio/TV,  * we use awareness building …information providing …  * we use Media Statements – preferably Joint Statements
  • 3. Death penalty in Malaysia 441 hanged to death since 1960, another 696 on death row as at 20/2/2011 Between 2000-2010, 9 persons were hanged for murder 860 sentenced to death in Malaysia - on death row (as of 28/2/2012) Today, there are about 900/930 on death row.
  • 4. When Malaysia Hangs – We are personally responsible And we hanged – no MURDERED 441 persons since 1960 until March 2011 And, 81 percent of them did not directly take another human being’s life. (Murder – 78 or 18%) 130 were killed because we choose to charge them under the ISA, the only one that provides for mandatory death penalty – and not 2 other laws that could be used. 228 were for drug trafficking
  • 5. Malaysian Death Penalty (1960 – March 2011) Executed Death Row Drug 228 [52%] 479 [69%] Trafficking Firearms 130 [29%] 13 [2%] Murder 78 [18%] 204 [29%] Others 5 [1%] TOTAL 441 696 Home Minister Hishammuddin Hussein’s reply to Bukit Bendera MP Liew Chin Tong’s question last Thursday [i] (31/3/2011) in Parliament - Free Malaysia Today, 3/4/2011, Time to abolish death sentence.
  • 6. Malaysian Death Penalty (1980 -2005) Statistical Breakdown of 234 out of 358 Executed [i] MALAYSIANS 184 Malays 48 Chinese 102 Indian 15 Others 19 FOREIGN NATIONALS 50 Thailand 7 Philippines 23 Singapore 4 Indonesia 2 Australia 1 Britain 1 Pakistan 1 Statistics from Prime Minister Abdullah Ahmad Badawi, who was also Minister for Internal Security, in response to a written question submitted in parliament. – Malaysiakini, 3/2/2005, Gov't reveals execution statistics: 358 hanged in 24 years
  • 7. Mandatory Death Sentence  murder (sec. 302, Penal Code),  drug trafficking (sec. 39B Dangerous Drugs Act 1952),  unlawful possession of firearms (sec 57 Internal Security Act),  the discharging of a firearm with intent to cause death or hurt to any person, shall, notwithstanding that no hurt is caused (sec. 3 Firearms (Increased Penalties) Act 1971) while committing the any of the following offences, being (a) Extortion, (b) Robbery, (c) preventing or resisting by any person, of his own arrest or the arrest of another by a police officer or any other person lawfully empowered to make the arrest, (d)Escaping from lawful custody, (e) Abduction or kidnapping under sections 363 to 367 of the Penal Code and section 3 of the Kidnapping Act 1961, or (f) House-breaking or house-trespass under sections 454 to 460 of the Penal Code …  …….
  • 8. Drug Trafficking (sec 39B Dangerous Drugs Act) – When the burden shifts from prosecutor to the accused Legal Presumptions:- 37(d) any person who is found to have had in custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug; drug
  • 9. Drug Trafficking (sec 39B Dangerous Drugs Act) – When the burden shifts from prosecutor to the accused * 37(da) any person who is found in possession of -(i) 15 grammes or more in weight of heroin;…(xxv)… otherwise than in accordance with the authority of this Act or any other written law, shall be presumed, until the contrary is proved, to be trafficking in the said drug
  • 10. Drug Trafficking – 228 Hanged, 479 on death row since 1960, 52% or 228 human beings in Malaysia who were hanged to death were for drug trafficking, and 479 or 69% of those currently in death row are there for this offence.
  • 11. MALAYSIA • 2010 –Malays about 50.4%, other Bumiputra about 11%,Chinese 23.7% and Indian 7.1% plus all the rest. • Muslim 61.3 per cent; Buddhist 19.8 per cent; Christian cent 9.2 per cent; Hindu 6.3 per cent; Confucianism, Taoism and other traditional Chinese religions 1.3 per cent; Atheist 0.7 per cent; and other or unknown religions 1.4 per cent. [ Source: 2010 Population and Housing Census] • Political leaders, civil service including police, military, etc – Malay Muslim…and in Islam, death penalty is permitted. • Islam is state controlled – and dissenting views are not welcome. • Political Risk to take an ‘anti-death penalty’ position
  • 12. Uphill Task Given the context, the struggle for the abolition of the Death Penalty is an uphill task – many, even strong human rights activists, would choose to ABSTAIN/AVOID on the issue of Death Penalty. Sadly some have even called for death penalty for new offences – child rapist, etc Targets of our Campaign:- People, CSOs, NGOs, Trade Unions, Politicians, Government Strategies:- Need to be creative ….and the means used must be varied
  • 13. The way forward… In our struggle to abolish the death penalty – we need to EXPAND to include others… At the same time, we need to also expand our concern and actions making the struggle for human rights and justice our goal. Our focus remains – and what is expected is minimal solidarity with others in fighting for Human Rights.. MADPET tries hard to take this approach…. in the struggle towards abolition of the Death Penalty… we try to make it not a MADPET struggle but an effort of all… (which sometimes means taking a back seat..)
  • 14. MALAYSIAN BAR 2006 – Resolution for the Abolition of Death Penalty 2012 – Passes another Resolution (this time no abstention, no objections) Since 2006, the Malaysian Bar has been consistent in the struggle for the abolition of the death penalty…
  • 15. Malaysian Human Rights Commission (SUHAKAM) The Commission has consistently called for the Government to consider a moratorium on the death penalty or commuting this form of punishment to life imprisonment, especially for those who have been on death row for more than five years. It also wishes to call upon the Government to review the relevance and effectiveness of capital punishment and to join the other 140 UN member states to completely abolish the death penalty. - Media Statement by TAN SRI HASMY AGAM Chairman ,The Human Rights Commission of Malaysia (SUHAKAM) 22 October 2012
  • 16. PROHAM & ….  Proham recognises that society has a moral obligation to protect human life and not to take it. As such the death penalty is the ultimate irreversible denial of human rights. The death penalty is unjust.  By abolishing the death penalty it affirms our condemnation of cruelty and affirms the value of human life. - 3/11/2012. The Association for the Promotion of Human Rights or PROHAM is established by former members of the Human Rights Umi Azlim Mohamad Lazim, 24, Commission of Malaysia (Suhakam) and the Royal a university science graduate Police Commission. from a poor Malay family of rice farmers, admitted to having 2.9  IN SUPPORT OF ABOLISHING THE kilograms in her luggage when DEATH PENALTY AND APPEAL TO she was arrested at Shantou airport REFORM CRIMINAL LAWS – CCM Youth 2/9/2010
  • 17. 79 Call for the Abolition of the Death Penalty in Malaysia Malays Joint Statement – 3/11/2012 We, the undersigned 79 groups and organisations abolition of the death ….We call for the penalty in Malaysia, for an immediate moratorium on all executions pending abolition and for the commutation of the sentences of all persons currently on death row
  • 18. Call for the Abolition of the Death Penalty in Malaysia Malays  ALIRAN (Aliran Kesedaran Negara), Malaysia * Amnesty International Malaysia * Catholic Lawyers Society, Malaysia * Civil Rights Committee KLSCAH (KL & Selangor Chinese Assembly Hall), Malaysia * Civil Society Committee of LLG Cultural Development Centre, Malaysia* Community Action Network (CAN), Malaysia * Jaringan Rakyat Tertindas (JERIT), Malaysia *Kesatuan Pekerja Pekerja Polyplastics Asia Pacific (KPPAP), Malaysia* Lawyers for Liberty, Malaysia * MADPET (Malaysians Against Death Penalty and Torture) * Malaysians for Beng Hock* Migrant CARE – Malaysia * NAMM (Network of Action for Migrants in Malaysia)* National League for Democracy (Liberated Area) Malaysia * Parti Rakyat Malaysia (PRM) * Persatuan Kesedaran Komuniti Selangor (EMPOWER) * Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS), Malaysia * Persatuan Sahabat Wanita Selangor (PSWS), Malaysia * Pusat Komunikasi Masyarakat (Komas), Malaysia * Save Vui Kong Campaign, Malaysia * Saya Anak Bangsa Malaysia [SABM]* Seksualiti Merdeka, Malaysia * SUARAM, Malaysia* Tenaganita, Malaysia * WH4C (Workers Hub For Change) * Women's Aid Organisation (WAO) * Writers Alliance for Media Independence (WAMI), Malaysia * Women's Centre for Change, Malaysia * Malaysian Physicians for Social Responsibility(MPSR) = 29 Malaysian Groups – including 1 Trade Union, and 1 Political Party
  • 19. Public Seminar on the Abolition of the Death Penalty in Malaysia (KL Convention Centre, 13 Oct 2011)
  • 20. BFM Radio (13/10/2011) - Talking with Charles Hector and Nico Tuijn about the death penalty Debate on the Abolition of the Death Penalty in Malaysia on 1/3/2012 KLumpur Convention Centre, EU and Human Rights Commission of Malaysia (“SUHAKAM”) VDO documentary entitled “Death in Dilemma: The Final Curtain”, produced by the Bar Council with funding from the EU,
  • 21. 24/2/2005 - MADPET:-Abolish The Death Penalty 3/11/2009 - MADPET:- MANDATORY DEATH PENALTY PROVISIONS IN LAW SHOULD BE REPEALED Unjust For Conned Drug Mules To Be Sentenced To Death for Drug Trafficking 23/10/2012 - MADPET welcomes move towards abolition of mandatory death penalty for drug offences 3/11/2012 - 79 Call for the Abolition of the Death Penalty in Malaysia Malays