Malaysian Gopi Kumar is 6th victims of Minister’s Delay bringing into force law that abolishes mandatory death penalty for drug trafficking — Charles Hector

BY CHARLES HECTOR 

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)

MADPET (Malaysians Against Death Penalty and Torture) notes that despite the fact that the Dangerous Drugs (Amendment) Act 2017 receiving royal assent on 27/12/2017, that effectively abolishes the mandatory death penalty for drug trafficking, the failure of the Minister to do the needful to bring the law into force has resulted in Malaysian judges still having no choice but to sentence convicted drug traffickers to death.

‘…”Since there is only one sentence provided for under Section 39B of the Act, the court hereby sentences all the accused to death,” he [Judge Datuk Ghazali Cha] said….’(The Sun Daily,22/1/2018). Until the new Dangerous Drugs (Amendment) Act 2017 comes into force, Judges continues to have no discretion but to sentence those convicted to death.

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Minister’s Delay Resulted in Judge Having No Choice but to Sentence A. Sargunan and 4 others to Death — Charles Hector

BY CHARLES HECTOR, for and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

All 39B(Drug Trafficking) Trials Should Be Suspended until New Law Comes into Force

MADPET(Malaysians Against Death Penalty and Torture) is appalled by the delay of  the Dangerous Drugs (Amendment) Act 2017 coming into force which will mean that persons now being convicted by Courts for drug trafficking  will still be subjected to the mandatory death penalty and not enjoy the possibility of  avoiding the death penalty. The proposed amendment to the law, when it comes into force, will only apply to cases where persons facing trial is yet to be convicted. Therefore, justly all drug trafficking case trials must not continue until the new law is in force. The Minister’s delay has already cost at least 5 persons to be convicted to death.

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MPs play biggest role in abolishing death penalty, says activist

Source: The Star Online

Malaysians Against Death Penalty and Torture (Madpet) coordinator Charles Hector – pic taken from The Star Online.

KUALA LUMPUR: Parliamentarians should educate their constituents on the need to abolish the death penalty, said a human rights activist.

Malaysians Against Death Penalty and Torture (Madpet) coordinator Charles Hector (pix) said they should also convince their fellow colleagues and respective parties to take a clear stand on the abolishment of the death penalty.

“Since the death penalty exists in the laws, the laws need to be amended or repealed.

“So ultimately the final decision comes to the legislature, which is parliament and they have to pass the required laws to abolish it,” he told the Star Online after a parliamentary roundtable session on the abolishment of the death penalty here on Wednesday.

The session was arranged by the Parliamentary Global Action (PGA) group and attended by Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said, other parliamentarians, civil society organisations and government officials from other countries. Read more

Hoping for an end to the death penalty in M’sia

Source: FMT News

By Charles Hector

Pic taken from FMT News

Pic taken from FMT News

On October 10, 2016, the 14th World Day Against the Death Penalty, Malaysians Against Death Penalty and Torture (Madpet) calls on Malaysia to expedite the abolition of the Death Penalty, and to impose a moratorium on all executions against the Death Penalty.

Malaysia on track towards abolition

In a news report, Nancy Shukri, the then minister in the Prime Minister’s Department, did say she hoped to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March 2016.

A few days before that, in another news report, Attorney-General Apandi Ali said he would propose to the Cabinet that the mandatory death penalty be scrapped, so that judges are given the option to choose between sentencing a person to jail or the gallows. Read more

Madpet shocked at execution on verge of abolition of mandatory death penalty — Charles Hector

Source: Malaysiakini

BY CHARLES HECTOR

stop_death_penalty__cecigianMalaysians Against Death Penalty and Torture (Madpet) is shocked to hear that Malaysia has executed one Ahmad Najib Aris on Friday (Sept 23, 2016), at a time when Malaysia is in the process of abolishing the mandatory death penalty, and possibly the death penalty for some offences.

Ahmad Najib Aris was found guilty of murder (Section 302 Penal Code) of one Ong Lay Kian (also known as Canny Ong).

Mandatory death penalty denies judges discretion in sentencing

Section 302 of the Penal Code provides for the mandatory death penalty – which means that once the judge finds the accused guilty of murder, the judge has no choice but to sentence the convicted to the one and only available sentence – death by hanging.

We recall that attorney-general Apandi Ali, who is also the public prosecutor, said that “…mandatory death sentences were a ‘paradox’, as it robbed judges of their discretion to impose sentences on convicted criminals… If I had my way, I would introduce the option for the judge in cases where it involves capital punishment. Give the option to the judge either to hang him or send him to prison. Then we’re working towards a good administration of criminal justice.” (The Malaysian Insider, Nov 13, 2015).

The attorney-general also said the he would propose to the cabinet that the mandatory death penalty be abolished. Read more

MADPET urges Putrajaya to announce moratorium on death penalty

Source: FMT

The NGO expressed satisfaction that Malaysia has in place a “moratorium” on executions, especially for those languishing on death row for drug trafficking.

KUALA LUMPUR: MADPET (Malaysians Against Death Penalty and Torture) has expressed satisfaction that Malaysia has in place a “moratorium on executions, especially for those languishing on death row for drug trafficking.

The NGO urged the Malaysian Government to extend the “moratorium” on executions to all persons on death row, not for just those convicted for drug trafficking. “This only makes sense, since Malaysia is now in the process of abolishing the death penalty, beginning with the mandatory death penalty,” said MADPET spokesman Charles Hector in a statement.

He referred to Edmund Bon Tai Soon, Malaysia’s current AICHR (ASEAN Intergovernmental Commission on Human Rights) representative, as reportedly saying “…Malaysia’s moratorium, I understand, is only for drug trafficking cases…’ (Star, 10/7/2015).”

“It must be noted that the Human Rights Commission of Malaysia (SUHAKAM), also did reiterate on 29 March 2016 their recommendation that a moratorium on the use of the death penalty be put in place in Malaysia”.

Activists may be next, group says after Sanjeevan detained under POCA

Source: Malay Mail Online

A human rights group has expressed concern over the use of the Prevention of Crime Act 1959 to arrest anti-crime activist Datuk R. Sri Sanjeevan (pictured). — File pic

KUALA LUMPUR, July 11 — The use of the Prevention of Crime Act 1959 (POCA) to arrest anti-crime activist Datuk R. Sri Sanjeevan might kick off the use of the “draconian law” against civil society, a human rights group warned today.

The Malaysians Against Death Penalty and Torture (MADPET) noted that Sanjeevan could be seen as a human rights defender as the NGO he heads, the Malaysian Crime Watch Task Force, could be said to be a civil society organisation.

“MyWatch can be said to be a civil society organisations (CSO), and Sanjeevan may be seen as Human Rights Defender.

“As such, the arrest and detention is of concern, as this may be the advent of the usage of POCA against other civil society organisations and human rights defenders, MADPET coordinator Charles Hector said in a statement today.

A magistrate’s court here granted police today a 21-day remand of Sanjeevan under POCA that will expire on July 31, after he was first arrested on June 22 for alleged criminal intimidation and extortion.

Hector said there may be a narrow interpretation of a clause in the Act that states no one shall be arrested solely for their “political belief or political activity”.

“But the worry is that this may be given a narrow interpretation to just mean political parties and politicians — but will not include civil society organisations (CSOs), non-governmental organisations (NGOs), trade unions, community organisations, people movements and human rights defenders,” Hector said. Read more

Let ‘terror suspects’ face fair trial, says group

Source: FMT

PETALING JAYA: A lobby group has called for “terrorism suspects” to face a fair trial and for the release of all those being detained without trial under various detention orders.

This included the 15 people arrested last week for investigations into the grenade bombing of a nightspot in Puchong, in which eight people were injured.

The organisation, Malaysians Against Death Penalty and Torture (MADPET) , said detention without trial was against the Universal Declaration of Human Rights.

MADPET spokesman Charles Hector said a foreign newspaper report had said that more than 160 people suspected of having ties to the Islamic State network had been detained in Malaysia in the past two years. Read more