[Deathpenalty] death penalty news----MALAYSIA, S. AFRICA

[Rick Halperin]

July 6


MALAYSIA:

Death penalty debate needs to go beyond emotions


I refer to your report It's the gallows for abolish death penalty call.

The death penalty has always been a controversial subject. There are many
arguments used by both the proponents and opponents of the death penalty.
The usual arguments that you would receive from the proponents would be is
one, the death penalty is a preventive measure and two, our judicial
system is well equipped to deal with this issue.

In Malaysia, the death penalty is reserved for what is deemed the most
heinous of crimes' which include murder, treason, trafficking of drugs and
being in possession of firearms. And the most famous of all arguments, 'If
someone you loved was brutally raped and murdered, wouldn't you want the
murderer to die?' Make the victim a child, and you have a winning argument
to sway almost anyone into in saying we need the death penalty.

So then, why are there people who keep saying the death penalty is a form
of cruel, inhumane and degrading treatment? That the death penalty goes
against one of the holiest tenets of all religions, which is the sanctity
of life? Why do these people persist in saying that there is no concrete
evidence to say that the death penalty works as a preventive measure?

Let us take a look at the Malaysian scenario and all the necessary actors
in the death penalty drama.

We will start with the police. How many of us are of the firm belief that
the Royal Malaysian Police Force is one of the best in the world? Are
corruption and abuse of power not rampant within the police force? No, you
say, our police are decent and incorruptible. How about the cases where
people died in police custody and the reports made about police abuse by
countless Malaysians? Hearsay, hearsay!

Now let us look at our judiciary. Have there been any allegations of
corruption and judicial misconduct? No, never. Our 'house of Denmark'
smells of roses! Our judges have always exemplified the highest standards
of professionalism, even when they go on holidays with lawyers that they
have cases with. All right then, so we have the best judiciary in the
world. All appeal cases are heard in record time since there is no backlog
in our courts.

Let us not forget, that the poor and marginalised (who seem to constitute
a large number of those on death row) always get the best defence lawyers
pro-bono. We have a state-run institution that provides for the best
lawyers to defend someones life right? I am sure we do. Just check with
the Legal Aid Centres on the numbers of lawyers lining up to do their part
in ensuring everyone gets the best defence possible even if they cannot
afford it.

And we have an excellent track record of the Pardons Board, who meets up
on a frequent basis to discuss any clemency appeals by those who have
exhausted all avenues with the courts. I mean the reports in the papers
about them meeting up only in 10-15 years was just a lie, wasn't it?

Well, since everything is in place that guarantees that only those who are
guilty beyond a doubt get the death penalty, I guess the death penalty
serves its purpose in getting rid of the scum of society. Therefore,
Malaysians have nothing to fear. We live in a perfect society. Only the
bad get punished.

But wait a minute... if the death penalty works and we have punished all
those people who have committed heinous crimes by taking their lives, why
is there an increase in the crime rate? Why are the crimes becoming more
heinous by the day? Why isn't the death penalty preventing all those who
continue to commit heinous crimes? Why do people who have been on death
row for decades still maintain their innocence, when we know for a fact
that our perfect system of justice found them guilty?

In conclusion, the death penalty will always be a contentious issue simply
because people delude themselves in thinking that the eye for an eye
argument make sense and it will provide them with security from the
barbarians out there. No amount of data and facts will make them think
otherwise.

It is my sincere hope that people educate themselves about the death
penalty and evaluate the circumstances in which a person is killed, even
if it is state-sanctioned. The death penalty deserves more than just an
emotional response to the heinousness of a crime. It needs to go beyond
emotions to justify going against the fundamental right of all people  the
right to life.

(source: Letter to the Editor, Malaysia Kini)






SOUTH AFRICA:

Death penalty will 'stop killing of our kids'


"Bring back the death penalty". This is the heartfelt plea to the
authorities from Sylvia Farmer, whose 14-year-old daughter Valencia was
gang-raped and murdered by gangsters 7 years ago.

Farmer says this is the only thing that will satisfy her and convince her
that law enforcement authorities take crime against young children
seriously.

Thursday also marks the third anniversary of schoolgirl Sasha-Leigh
Crook's death. Her little body was found a few kilometres from her
grandparents' Ottery home on July 6, 2003.

She had been raped and killed by Mogamat Yusuf Isaacs, who lived next-door
to Sasha-Leigh's grandparents.

Double life sentences

She had been playing in the garden waiting to go to a birthday party at
the time of her disappearance.

Her body was found in a white nylon sack on a field in Pelican Heights on
July 14, 2003. She had been stabbed in the neck.

At the time, her mother Michelle told the Cape Argus she was baffled over
why her child had to die. The Cape Argus was unable to contact Crooks for
this report.

Farmer's comments come in the wake of a huge public outcry about the
rising crime level in the country, especially crimes against children.

Farmer says she has considered taking the law into her own hands and
avenging her daughter's murder, but cannot risk prosecution because she
has 2 other children who depend on her.

'The pain of missing her'

"7 years have passed since I lost my only daughter, but I don't see that
anything has been done to protect our children from violence. The
authorities have done absolutely nothing. Bringing back the rope is the
only way.

"These murderers know they'll spend a few years in jail and then they'll
be released back into society to carry on their evil ways.

"Every time I open the newspapers, I see that another child has fallen
prey to the deeds of a murderer. It can't be right that parents have to be
content to stand by helplessly when they get no help from the
authorities."

Valencia was found bleeding and barely alive outside a derelict house,
known to be a gang hideout, in Eerste River before dawn on June 27, 1999.

She had been stabbed 53 times and gang-raped before her throat was slit.
She died in hospital the following day.

Glenville "Bekkies" Faro, Johannes "Piele" Kriel, and Franklin "Frankie"
Roberts received double life sentences for murder and indecent assault. A
16-year-old youth was given a 23-year sentence.

The Eerste River community was so incensed by Valencia's murder that they
broke down the dilapidated house to prevent gangsters from congregating
there and committing crimes on the premises.

Farmer says she has been suffering from depression since her daughter's
death and feels down on most days.

"Yes, those guys got heavy sentences, but I am still struggling to come to
terms with Valencia's death. And it's not only the pain of missing her and
imagining what she went through. I have to endure glares and dirty looks
from her murderers' families. It is just too much to bear."

Farmer said she had not received any compensation for her pain and
suffering.

"I went through so much. I sat in court day in and day out, even having to
look at the post mortem photographs which showed her body full of holes. I
want to beg the authorities to take drastic measures to ensure the safety
of our children."

(source: Independent Online)