October 10
MALAYSIA:
Why the delay in abolishing death penalty?
Today, on the 16th World Day Against the Death Penalty, Malaysians Against
Death Penalty and Torture (Madpet) wants to remind the Malaysian government
that it has yet to make good its promise to abolish the mandatory death penalty
in Malaysia.
In the Pakatan Harapan manifesto, it was clearly stated that "The Pakatan
Harapan government will revoke the following laws: Sedition Act, Prevention of
Crime Act 1959...Mandatory Death by Hanging in all Acts..."
Currently in Malaysia, the death penalty is mandatory for about 12 offences,
while about 20 other offences are punishable by a discretionary death penalty.
Murder and drug trafficking carry the mandatory death penalty but many of these
mandatory death penalty offences do not even involve in death or grievous
injuries to victims.
The effect of abolishing the mandatory death penalty will restore judicial
discretion when it comes to sentencing. Judges will thereafter be able to
evaluate each and every convicted person and determine what the just and fair
sentence should be, after taking into account all factors and circumstances.
The mandatory death penalty is undemocratic as it violates the democratic
principle of separation of powers. The legislature (Parliament) has robbed the
judiciary of their rightful role and power when it comes to sentencing.
When a law provides for just one mandatory sentence, in this case death, judges
on finding a person guilty of the said offence, have no choice but to sentence
the convicted to death, even if he/she does not justly deserve to be hanged to
death.
Many of the politicians and political parties that are now in power, previously
in opposition, were always for the abolition of the death penalty, but now when
in power, it is disappointing to see that they are procrastinating.
Further, it must be reminded that they are yet to make good their election
promise to repeal all laws that provide for 'Mandatory Death by Hanging...',
which was a decision and commitment of all the four Pakatan Harapan parties.
As reported by The Star on June 28, there are 1,267 people on death row or 2.7%
of the prison population of about 60,000 people. 35 executions took place from
2007 to 2017
The death penalty in Malaysia currently is provided for secular or ordinary
laws, not in Islamic law.
As such, there is no reasonable justification for any Muslim in Malaysia to
oppose abolition of the death penalty on the grounds that Islam allows death
penalty for certain specified offences.
In Islam, there is a strict requirement to comply with Islamic Criminal
Procedure and Evidential requirements. Even then, in Islam, there are ways that
the death penalty can be avoided.
As the Acts that now provide for death penalty in Malaysia are in the secular
law, politicians and their parties that use the argument that Islam allows for
the death penalty to oppose the abolition, are very wrong. They need to
demonstrate leadership, not fear.
The "best interest of the child" is certainly best served by incarceration of a
parent, sibling or relative rather than having them hung to death by the state.
Malaysia, who has ratified the Child Rights Convention, has an obligation to do
what is in the best interest of the child, and as such, this is yet another
reason why the death penalty must be abolished.
The possibility of miscarriage or failure of justice in the implementation of
the death penalty is irreversible and irreparable. This is yet another reason
why the death penalty needs to be abolished.
We recall the words of the then minister in the prime minister's department
Nazri Abdul Aziz, who said "No criminal justice system is perfect. You take a
man's life and years later, you find out that another person did the crime.
What can you do?"(as quoted in The Star on Aug 29, 2010)
In the Malaysian context today, it would have been great injustice if the 2
convicted for the murder of Altantuya Shaariibuu had been hanged, for then it
may result in others involved escaping justice.
Likewise in other cases where perpetrators may still be at large, yet to be
arrested, charged and tried.
Abolition of the death penalty is an ineluctable global trend as 106 countries
had abolished the death penalty in law for all crimes by the end of 2017 while
142 countries had abolished the death penalty in law or practice.
Malaysia, embarrassingly, is amongst the few countries who still retains the
out-dated penalty and carry out executions.
In 2018, Malaysia, under Umno-BN, brought into effect the abolition of the
mandatory death penalty for drug trafficking.
It has been about 5 months since the formation of the Pakatan Harapan-led
government, but we have yet to see bills being tabled that will lead to the
abolition of the death penalty.
Our hope is that we will see this happening in the next Parliamentary session
or at least by the end of the year.
Being a reformist government, Malaysia needs to make rehabilitation and second
chances the principal considerations in sentencing.
Madpet also calls for immediate moratorium of all executions pending the
abolition of the death penalty.
(source: This letter is written on behalf of Malaysians Against Death Penalty
and Torture (Madpet)----malaysiakini.com)
*************************
Minister: Putrajaya to abolish death penalty
The Cabinet has decided to abolish the death penalty, and it will be tabled in
the next Parliament sitting, which will begin on October 15, said Datuk Liew
Vui Keong.
The minister in charge of law in the Prime Minister’s Department said while the
government is studying certain cases, as of now, all executions have been
halted.
"All death penalty will be abolished. Full stop.
"We are studying certain issues... we need to look into it and hear the views
of all, but as it stands today, the decision is to abolish the death penalty,"
he told the media after the "Law Reform Talk" at Universiti Malaya here, today.
Liew said that with Putrajaya intending to abolish the death penalty, the
Pardons Board will be tasked with looking into the applications of death row
inmates.
"Our view is that executions should not be carried out we will inform the
Pardons Board to look into the various applications for all the death row
inmates to either commute or release them. "When commuted, they would have to
face life imprisonment because there had been several deaths that were caused
by the offender and so they were sentenced to death by the court," he said.
Liew added that all the paperwork for the abolishment of the law is in its
final stages, and that the Attorney General (AG) had given the green light for
it to be tabled in Parliament.
"All the papers are in the final stage. The AG has also indicated to us that it
is ready to be tabled, hopefully in this (Parliamentary) session," he said.
Earlier in his opening speech, Liew said the Pakatan Harapan government is also
mulling a repeal of the Sedition Act 1948 and other draconian laws.
(suorce: malaymail.com)
PHILIPPINES:
SWS: Majority of Filipinos favor return of death penalty
Nearly 6 in every 10 Filipinos favor the revival of capital punishment for
heinous crimes, a campaign promise of President Rodrigo Duterte, according to
the Social Weather Stations (SWS) survey released on Wednesday.
The poll from March 22 to 27 among 2,000 Filipino adults nationwide showed 59 %
of respondents agreed that the death penalty should be restored for people
proven in court to have committed heinous crimes, while 23 % disagreed.
This yielded a "moderate" net agreement of +26, which is the difference between
the percentage of respondents who approved and disapproved of the proposed law.
The survey, however, emphasized that only 33 % of Filipinos wanted the death
penalty if there were other punishment options for those who would commit
serious crimes related to illegal drugs.
"The only exception is the crime of rape under the influence of drugs, for
which a minority 47 % think the death penalty should apply," SWS said.
For the crimes of importation of illegal drugs, maintenance of drug dens,
manufacture of illegal drugs, murder under the influence of drugs, sale of
illegal drugs and working in drug dens, the demand for death penalty ranges
from 22 to 33 %.
SWS said the demand for imprisonment, instead of death, was over 70 % for those
found guilty of working in drug dens (78 %), sale of illegal drugs (76 %), and
maintenance of drug dens (73 %).
This is followed by murder under the influence of drugs (69 %), importation of
illegal drugs (68 %), and manufacture of illegal drugs (66 %).
"Demand for imprisonment as a punishment for those guilty of rape under the
influence of drugs is 53 %," the polling firm added.
The survey used face-to-face interviews and had sampling error margins of ±2.2
% for national percentages, and ±5 % each for Metro Manila, Balance Luzon,
Visayas, and Mindanao.
(source: Manila Times)
*********************
De Lima calls for renewed, sustained campaign against death penalty
On the World Day Against Death Penalty, opposition Senator Leila De Lima called
for a renewed and sustained campaign against the imposition of death penalty in
the Philippines.
"Today, I join fellow human rights defenders and the global community in
renewing and sustaining the campaign against the death penalty," De Lima said
in a statement on Wednesday.
The senator asserted that a fully-functioning justice system is what deters
criminal acts, not the imposition of the death penalty.
"What deters and resolves crimes rather is a well-oiled and thoroughly
functioning criminal justice system, one that ensures swift and certain
accountability for the crimes committed and the imposition of commensurate
penalties to the wrongdoers," she said.
De Lima reminded that the right to life is the most fundamental of all rights
which is "inherent, inalienable, universal and non-derogable."
"It is a right that belongs to us all regardless of race, color, sex, gender
identity and expression, religion, political or other opinion, national or
social origin, birth or other statuses," she said.
De Lima said that as a human rights defender and legislator, she has pushed for
the introduction of the penalty of qualified reclusion perpetua in criminal
laws to ensure restorative justice instead of punitive measures.
"I was pushing for the introduction into Philippine criminal laws the penalty
of qualified reclusion perpetua, to ensure that, even in extraordinarily
heinous crimes, our policy direction looks at restorative justice over punitive
or retributive measures, while equally aware and conscious of the need to bring
to justice perpetrators of the most egregious offenses," she said.
De Lima cited several international institutions that have opposed the
imposition of death penalty and have come up with policies that ensure the
protection of human rights.
Among which are the European Union's High Representative for Foreign Affairs
and Security Policy, the Secretary General of the Council of Europe, the
Organization of American States and the Inter-American Commission on Human
Rights.
"These firm and unequivocal efforts to move away from the death penalty are the
outcome of rights-based developments in law and in science that point to the
flaw in the typical argument that the imposition of death penalty is a key
deterrent to the commission of heinous crimes," she said.
(source: Philippine Inquirer)
PAKISTAN:
Irreversible penalty
On World Day Against the Death Penalty, the question once again arises: should
the state - consisting of human beings, prone to human error - make decisions
on who gets to live or die?
There are philosophical arguments in support for and against the death penalty
and intrinsic to these are themes of social order, punishment and retribution.
But what about justice?
When emotions and paranoia run high, humans are less likely to be convinced by
the lucidity of an argument. But justice has to remain impartial; it cannot be
swayed by popular sentiment. And it cannot be rushed to cover up its systemic
failings.
Pakistan is one of 57 countries that retains the death penalty law.
Since 2004, we have sentenced 4,500 people to death by hanging.
In 2008, a moratorium on the death penalty was imposed. No executions occurred
between 2009 and 2013 (barring one in 2012).
But in the aftermath of the APS attack in 2014, when 132 schoolchildren and
nine others were brutally murdered, the moratorium was lifted and military
courts were propped up.
Few challenged the decision. The country was hurting. Blood had to be repaid in
blood.
Since the lifting of the moratorium, Pakistan has carried out 465 executions.
True, the death penalty gives citizens living in chaotic times a superficial
sense of security; it also satiates the darker aspects of human nature
(revenge, scapegoating, and the element of 'purifying' society of 'anti-social'
elements).
But it is also evident there can be no trial in which courts guarantee flawless
prosecution or ensure complete absence of arbitrariness.
And it is the poor who are largely made victims of a faulty justice system.
Unable to cover legal fees, they are at the mercy of state-appointed lawyers.
It is also common practice for investigative officers, on a tight budget, to
write reports in favour of whoever pays them well. Mental illnesses are rarely
factored in.
The vast majority of admissions of guilt are through confessions, which can be
extracted through torture.
Despite all these faults and more than enough reasons for doubt, we continue to
have on the statute books the highest form of punishment for 27 offences,
ranging from (alleged) murder to (alleged) treason to (alleged) blasphemy.
Death is irreversible. Let's not create more victims in the process of
'justice'.
Perhaps both state and society should also reflect on the circumstances, and
their own role, in creating criminals.
(source: dawn.com)
*****************
Nadeem Nusrat demands immediate release of Asiya Bibi
South Asia Minorities Alliance Foundation (SAMAF) chairman Nadeem Nusrat urged
Pakistan's Supreme Court to drop unfounded blasphemy charges against death row
convict Asiya Bibi, and ordered her immediate release.
The Mohajir leader, in a statement, said that for years, Bibi has been kept in
prison under charges that clearly lack credibility and mock the norms of
justice. She has already suffered enough and there is no reason to keep her in
prison, he added.
Nusrat's statement comes a day after Pakistan's Supreme Court reserved its
judgement on the blasphemy case lodged against Bibi, the only woman in Pakistan
to be facing a death penalty for blasphemy.
Bibi, a Christian woman, was allegedly involved in an argument with three
Muslim women after they refused to drink from a cup that she had touched,
according to Al Jazeera. The three women later claimed that Bibi, in an ensuing
argument, insulted Prophet Muhammed, a charge that carries capital punishment
in Pakistan. In 2010, a court in Sheikhupura sentenced her to death by hanging.
Since then, several appeals against the death sentence have not been able to
give Bibi a relief. Last year, Chief Justice of Pakistan Mian Saqib Nisar
declined to hear her case.
Meanwhile, the SAMAF chairman, who also heads the Voice of Karachi, added that
it is a common knowledge that blasphemy charges in Pakistan are routinely used
against the country's religious minorities and Asiya Bibi's case is no
exception. "In most cases, the real reasons behind blasphemy charges are very
different and have nothing to do with the charges levelled against the accused
persons," said Nusrat.
He further added that Pakistan's own military establishment has been fanning
religious extremism in the country for decades, which has not only emboldened
religious extremists but also made it "very convenient for anyone to accuse
members of religious minorities of blasphemy."
Such reckless policies of the military establishment, Nusrat said, have created
an environment of hatred and intolerance where not just religious minorities,
but every peace-loving, secular-minded individual seems to be under threat.
"The killing of former Punjab Governor Salman Taseer is just one example of
this growing madness where religious and ethnic minorities have become a
hostage to religious extremist forces and standing up to them is becoming
increasingly dangerous," he added.
Apart from demanding the release of Bibi, the SAMAF chairman also urged
Pakistani lawmakers to amend the current blasphemy laws, stating that the
present laws allow religious extremists to conveniently accuse members of
religious minorities of unfounded blasphemy charges.
(source: newkerala.com)
BANGLADESH:
Bangladesh court hands life sentence to acting opposition party chief over 2004
blasts
A Bangladesh court on Wednesday sentenced Tarique Rahman, the acting chairman
of the opposition Bangladesh Nationalist Party (BNP) to life in jail, and 19
more to death, over a plot to assassinate Prime Minister Sheikh Hasina in 2004,
lawyers said.
The opposition is in disarray ahead of general elections set for December, with
Rahman trying to run its campaign from exile in London after his mother and
party leader, former premier Khaleda Zia, was jailed on corruption charges in
February.
(source: Reuters)
***************
Tarique deserves death penalty: Law Minister
Expressing satisfaction over the verdict in the cases regarding August 21, 2004
grenade attack, Law Minister Anisul Huq said Tarique Rahman was the main hero
(mastermind) behind the attack and he deserves death penalty, reports BSS.
Asked about whether he is satisfied with the verdict, he said at his
secretariat office, "We are satisfied with the verdict. But the main hero
(mastermind) behind the attack was Begum Khaleda Zia's eldest son Tarique
Rahman and he deserves death penalty."
"But, he (Tarique) was given life imprisonment. After through scrutiny of the
verdict, we will file appeal with the higher court for enhancement of his
punishment," he continued.
Coming down heavily on BNP for not believing in rule of law, he said, "The
Awami League government under the dynamic leadership of Sheikh Hasina has been
relentlessly working to establish the rule of law with holding trail of all the
cases. But, the BNP has destroyed the rule of law with not holding trial in
such cases."
Referring to the verdict in the August 21, 2004 grenade attack, the law
minister said, "I have so far knew the court sentenced death penalty to 19
people (including then BNP's state minister Lutfuzzaman Babar and deputy
minister Abdus Salam Pintu) and life term imprisonment to 19 others (including
BNP's acting chairperson Tarique Rahman and political adviser of former prime
minister Begum Khaleda Zia)."
"It was quite satisfactory as all of the accused of the cases had been
sentenced in the verdict," he added.
(source: theindependentbd.com)
********************
'They hanged me from ceiling fan and beat me,' says grenade attack case
'scapegoat’ Joj Mia
Md Jalal alias Joj Mia became a household name for all the wrong reasons - he
was implicated in an incident he had nothing to do with. He was tagged 'top
terrorist' and spent a long time in jail.
Joj Mia from a village in Noakhali's Senbagh was made a 'scapegoat' in the
investigation into the grenade attack targeting Sheikh Hasina on an Awami
League rally in Dhaka around 1 1/2 decades ago.
Once an accused in the cases over the attack, Joj Mia is the witness now.
bdnews24.com spoke to Joj Mia, now working as a driver at a hospital in Dhaka,
on Oct 5 ahead of Wednesday's verdict in the cases over the attack.
"I want maximum penalty for those who framed me and those who killed people in
the grenade attack," he said.
BNP Senior Vice Chairman Tarique Rahman, now acting as the party chief from
exile, and 37 other defendants face up to death penalty and 11 government
officials maximum 7 years in jail if the court finds them guilty of the charges
under the Bangladesh Penal Code and the Explosives Act.
The first 3 investigation officers of the case -- CID special superintendent
Ruhul Amin, and 2 ex-CID ASPs Munshi Atiqur Rahman and Abdur Rashid - are also
among the accused now.
The 3 investigation officers are accused of attempts to divert the
investigation by showing Joj Mia as the attacker.
CID's assistant police superintendent Fazlul Kabir pressed charges against 22
people in June, 2008 -- during the caretaker government -- although the
investigation made no progress during the BNP-Jamaat government.
After the Awami League came back to power in 2009, investigator Akanda filed a
supplementary charge-sheet accusing 30 more including Tarique, and the 3
investigators.
Joj Mia recounted how his 'confession' was taken through torture after he was
arrested on June 9, 2005.
Joj Mia, who ran a CD and poster business on the pavement in Dhaka's Gulistan,
was at home in Noakhali at the time of the attack and his arrest as well.
He said he had taken part in the Awami League's protest programmes against the
attack after seeing the news on TV.
He believes a local leader of the BNP selected him as the 'scapegoat' and
handed him to the police.
Initially, he knew that he had been arrested on drugs offence charges, but
later CID's Rashid brought him to Dhaka and officials threatened him at the CID
office to make a confession that he had carried out the grenade attack.
Investigators Rashid, Ruhul Amin and Atiqur pressed him for the confession, Joj
Mia said.
He was remanded for around 30 days in phases. The officials initially wanted to
know who were involved in the attack and later they started pushing him for the
confession, he said.
"There were days when I was hanged from ceiling fan. They hit me on my toes,"
said Joj Mia, who still carries the scars of the torture.
He alleged the CID officials also threatened him with death in so-called
crossfire.
"I agreed at one stage considering my mother and sister's safety," he said.
Joj Mia said the police officials made him memorise the confessional statement
with details of the attack. They also showed him videos of the area and the
incident to make it clear to him, he said.
Rashid was present and corrected him when a magistrate recorded his statement,
Joj Mia said.
He said he had to name top criminals like Subrata Bain and Molla Masud, who he
had not known.
"The CID officials asked me to say that these 'Big Brothers' had ordered me to
carry out the attack for Tk 5,000. Later, I met one of them ('Big Brothers') in
jail and he asked me why I had took his name!" Joj Mia said.
He said his family was given money on a monthly basis through the CID as a
reward for his 'confession'.
The media first unearthed the truth after his mother spoke out. He was later
released.
Asked about his family, he gave both good and bad news. His mother died some
days ago from a kidney disease and he could not arrange her treatment due to
lack of money, Joj Mia said.
His sister's marriage is getting delayed for his involvement in the Aug 21
cases, he said.
And Joj Mia and his wife are expecting a child now, said the man with beaming
smile.
(source: bdnews24.com)
INDIA:
Death for child rapists ineffective and too expensive, says policy paper
The infamous gang-rape and murder of a woman in New Delhi in 2012 sparked
national protests and led to stringent punishments for perpetrators of rape.
Almost 6 years after this incident, the rape and murder of an 8-year-old in
Kathua and the sexual assault on a teen in Unnao, shocked the country and
outraged people took to the streets, demanding death penalty for child rapists.
Driven in part by public sentiments, Indian parliament recently passed a law
prescribing death penalty for the rape of children younger than 12 years. While
this legislation is based on ideology that severe punishments will deter the
commission of child rapes, a policy paper released by the Center for
Criminology & Public Policy recently, suggests that expanding death penalty to
child rapists is ineffective as a deterrent and is more expensive than other
sentencing measures.
"Death penalty regime escapes the decisive cost-benefit analysis, because it is
used by the government to distinguish itself by the toughness of their position
- rather than its effectiveness. Before expanding death penalty to child
rapists, the government should have carried out a scientific assessment to
check whether it acted as deterrent for sexual crimes". - R Rochin Chandra,
Director, CCPP
The policy paper, which was prepared in consultation with several experts,
including legal researchers, police officers, advocates, child and adolescent
psychiatrists, and rehabilitation consultants, highlighted the need for
stricter implementation of laws, and diversion of public expenditure into child
sexual-abuse prevention programs.
Director of the Center and policy paper's author, R Rochin Chandra, said,
"Death penalty is not only a facile solution to the problem of child rape but
its excessive cost of implementation interferes with a spectrum of preventive
programs that have been demonstrated to work well".
In its paper, the Udaipur-based think-tank stated that endorsing death penalty
for child rapists was a 'fiscally irresponsible decision' and its application
will disproportionately affect the child victims, adding to the alarmingly low
rates of conviction.
Emphasizing that execution of death penalty is shrinking the budget for crime
prevention programs, Chandra, who has been offering consultancy to state's CID
Crime Branch, said the state police forces run several innovative programs
under its public-police outreach projects, which are aimed at solving the
problems of crime faced by citizens.
For example, recently, Ahmedabad City Police in association with academic
criminologists at Raksha Shakti University launched a policing program where
they used crime victimization data to understand the conditions that promoted
sexual violence against children and subsequently developed a community-based
intervention model to provide prevention education and awareness around the
issue of child sexual abuse".
"But because of government's heavy reliance on death penalty, the budget for
such innovative and workable programs is shrinking", Chandra added.
Key arguments against death penalty
Prison economics overlooked
On how execution of death penalty increased the cost of prison management, the
policy paper said: "the government will have to bear the expenses of locking up
death row convicts, while also paying a team of judges, defense lawyers and
prosecutors for many years - often decades - to debate whether a sentence of
death should be imposed on them. This makes capital punishment more costly than
its closest alternative - life imprisonment without parole."
Death penalty will serve differential justice
Pointing out that jurisprudence is always prospective not retrospective, the
policy paper revealed that: "death penalty might satisfy public demand for
justice to child victims, but it will cause gross injustice to child survivors,
whose wrong doers would still be tried under old legislations".
"The decision to provide death penalty for child rape was a knee-jerk reaction
by the government. It will only serve differential justice, where the rape of
certain children would be treated more seriously than the rape of another",
added Chandra.
Legal process is rigorous for death penalty
The paper mentioned that during 2004-2015, about 1300 prisoners were put on
death row, but of those, only 4 cases resulted in execution. "These figures
show that legal process for death penalty is significantly longer and more
complex than for life imprisonment, and applying such punishment for child rape
will only result in more acquittals than convictions", the position paper said.
Rapists will kill their victims
On what makes death penalty counter-productive, the paper said: "the threat to
death will encourage the rapists to kill their victim in order to cover up the
crime and eliminate the prime witness".
Death Penalty will have a silencing effect on victims
Highlighting that most of the perpetrators of child sexual abuse are 'family
members' or 'someone 'known' (as per the 2016 NCRB 'Crime in India' data), the
paper argued that, "death penalty will put the child in a loyalty conflict, due
to which she will not reveal the abuse".
It also added that expansion of death penalty to child rapists will seriously
reduce the reporting of crime.
Death Penalty - a hollow claim of deterrence
The paper argued that death penalty for child rape is not an effective
instrument of deterrence.
"Even after executing Nirbhaya convicts and bringing severe punishments under
substantive as well as juvenile laws, there has been a considerable rise in
child rape cases in the entire country, explaining the ineffectiveness of death
penalty as a deterrent", Chandra said,adding that, "certainty and swiftness of
punishment will have greater deterrent effect than severity of punishment".
(source: uidaipurtimes.com)
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