Please DO NOT Execute Cheong Chun Yin

To:  The Honorable President and Prime Minister of the Republic of Singapore, Mr S.R Nathan and Mr Lee Hsien Loong

We, the undersigned, plead to the Honorable Prime Minister of the Republic of Singapore Mr Lee Hsien Loong, to advise the Honorable President not to sign the order for Cheong Chun Yin to be executed, who is a Malaysian citizen sentenced to death for drug offences, on the following grounds:-

Click here to sign the petition.

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Death to the Death Penalty

Press statement by Amnesty International (27/3/2012) on the

Annual Review on Death Sentences and Execution 2011- Death to the Death Penalty

In October 2011, in a public forum to mark the World Day Against the Death Penalty, YB Datuk Seri Nazri Aziz, Minister in the Prime Minister’s Department, said that the civil society initiative to abolish death penalty was a timely effort and was in line with ongoing efforts by the government to review outdated laws and to introduce new laws which complied with the principles of human rights. In March 2012, the Minister again stated that the government is open to views on the death penalty and urged Malaysians to oppose the punishment. These strong statements signaled a possible change of views of the government towards usage of the cruel, inhuman and degrading punishment.

The formation of an inter-parliamentarian caucus under Minister in the Prime Minister’s Department on June 2011to abolish death penalty signaled the readiness of Parliamentarians to discuss death penalty. In the inaugural meeting the caucus agreed to push for a resolution to abolish the mandatory death penalty in Malaysia. There is however a continuous need for more information to be disseminated to Malaysians, allowing them to make informed decision and debunk inherent myths on death penalty.

Malaysia needs to commit itself to the basic principle of human rights, the preservation of lives, and join the growing numbers of countries that had abolished death penalty from its laws or practice. Currently 140 countries had abolished death penalty in its laws or practice.

Amnesty International today released our annual review of death penalty and executions – Death Sentences and Executions 2011. The report finds that countries that carried out executions in 2011 did so at an alarming rate but those employing capital punishment have decreased by more than a third compared to a decade ago.

Only 10 percent of countries in the world, 20 out of 198, carried out executions last year.

People were executed or sentenced to death for a range of offences including adultery and sodomy in Iran, blasphemy in Pakistan, sorcery in Saudi Arabia, the trafficking of human bones in the Republic of Congo, and drug offences in more than 10 countries.

Methods of execution in 2011 included beheading, hanging, lethal injection and shooting.

Some 18,750 people remained under sentence of death at the end of 2011 and at least 676 people were executed worldwide.

But these figures do not include the thousands of executions that Amnesty International believes were carried out in China, where the numbers are suppressed. Nor do they account for the probable extent of Iran’s use of the death penalty – Amnesty International has had credible reports of substantial numbers of executions not officially acknowledged.

In the Middle East there has been a steep rise in recorded executions – up almost 50 per cent on the previous year. This was due to four countries – Iraq (at least 68 executions), Iran (at least 360), Saudi Arabia (at least 82) and Yemen (at least 41) – which accounted for 99 per cent of all recorded executions in the Middle East and North Africa. The rise in Iran and Saudi Arabia alone accounted for the net increase in recorded executions across the world of 149, compared to 2010.

Thousands of people were executed in China in 2011, more than the rest of the world put together. Figures on the death penalty are a state secret. Amnesty International has stopped publishing figures it collects from public sources in China as these are likely to grossly underestimate the true number.

Amnesty International renewed its challenge to the Chinese authorities to publish data on those executed and sentenced to death, in order to confirm their claims that various changes in law and practice have led to a significant reduction in the use of the death penalty in the country over the last four years. In Iran, Amnesty International received credible reports of a large number of unconfirmed or even secret executions which would almost double the levels officially acknowledged.

At least three people were executed in Iran for crimes that were committed when they were under 18 years of age, in violation of international law. A further four unconfirmed executions of juvenile offenders were reported there, and one in Saudi Arabia.

The United States was again the only country in the Americas and the only member of the G8 group of leading economies to execute prisoners – 43 in 2011.

In the majority of countries where people were sentenced to death or executed, the trials did not meet international fair trial standards. In some, this involved the extraction of ‘confessions’ through torture or other duress including in China, Iran, Iraq, North Korea, and Saudi Arabia.

But even in those countries that continue to execute on a high level some progress was made in 2011.

In China, the government eliminated the death penalty for 13 mainly ‘white collar’ crimes, and measures were also put forward to the National People’s Congress to reduce the number of cases of torture in detention, strengthen the role of defence lawyers and ensure suspects in capital cases are represented by a lawyer.

In the USA, the number of executions and new death sentences dropped dramatically from a decade ago. Illinois became the 16th state to abolish the death penalty. A moratorium was announced in the state of Oregon. And victims of violent crimes spoke out against the death penalty

It is not going to happen overnight but we are determined that we will see the day when the death penalty is consigned to history.

Amnesty International opposes the death penalty in all cases without exception regardless of the nature of the crime, the characteristics of the offender or the method used by the state to carry out the execution. The death penalty violates the right to life and is the ultimate cruel, inhuman and degrading punishment.

Amnesty International Malaysia

Click here to download the full report : AI_DP report 2011

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实行死刑国家虽减三分之一  国际组织称废死斗争仍漫长

原文 : 獨立新聞在線 / 27 March 2012

国际特赦组织今天公布《2011年死刑与其执行》年度报告(Death Sentences and Executions 2011),并指出尽管在2011年,一些国家以惊人速度执行死刑,但采纳强制死刑为刑罚的国家已在过去十年来减少三分之一。不过,在中国、伊朗仍有许多人秘密遭处决,该组织促请中国公布死刑数据。

国际特赦组织马来西亚分会执行董事诺拉姆拉特(Nora Murat)今天发文告称,马来西亚需要承诺维护基本人权,保存任命并加入废除死刑之国家行列中。目前已有140个国家废除死刑。

她说,2011年10月,在一项几年国际反死刑日的论坛上,首相署部长纳兹里(Nazri Aziz,右图)表示,民间组织倡议废除死刑正是时候,并与政府检讨过时法令并介绍遵从人权原则之新法律的努力相符。在2012年3月,纳兹里再重申政府接受各方对死刑的意见,并促马来西亚反对死刑。这些强烈的言论标志着政府可能会对死刑,这项残忍、不人道和有辱人格的刑罚改变看法。

另外,2011年,在首相署下成立的跨政党的废除死刑国会连线也标志着国会议员已准备讨论死刑。在该国会议员连线的首次会议中,该连线承诺要推动在我国废除强制性死刑。不过, 仍需要继续传播资讯给马来西亚人,允许他们做出知情选择,并揭穿现有对死刑的迷思。

2011年6月“检讨强制性死刑”圆桌会议达致初步共识,以展开四项行动,包括建议政府暂停执行死刑;同时,设立国会特别遴选委员会,以便检讨强制性死刑。这个特委会将掌管法律及国会事务首相署部长纳兹里主持,并涵括朝野议员、退休法官、检控官及律师等其他相关组织。【点击:国会死刑圆桌会议达共识 将设特委会检讨强制死刑】

在我国,强制死刑主要是用以惩罚与毒品和杀人相关的案件。

实行死刑国家已减少

国际特赦组织今天公布其《2011年死刑与其执行》的年度报告,并发现在2011年,一些国家以惊人的速度执行死刑,但是那些采纳强制死刑的国家数量已比过去十年来减少了三分之一。

国际特赦组织表示,目前全世界仅有10%的国家,即198个国家中的20个,在去年执行死刑。

报告点出,人民以各种罪行遭处决或被判死刑,如在伊朗的通奸和肛交罪、巴基斯坦的亵渎罪、沙特阿拉伯的使用巫术罪、刚果的贩卖人类骨头以及在超过十个国家的贩毒罪。

至于在2011年执行死刑的方式则分成斩首、绞刑、注射毒针以及枪毙。

目前,在全世界各地有大约1万8750个死囚,并有至少676人遭处决。

报告点出,但是这些数据并不包括数以千计个在中国遭处决的认识,这些资讯都受到封锁。这也不包括伊朗使用死刑的可能程度,国际特赦组织获得可靠的报告称,有大量已行刑但未正式公布的人造处决。

中国死刑数据乃国家机密

此外,报告点出,在中东国家执行的死刑急剧上升,比起之前一年飙升了大约50%。这是因为其中四个国家为伊拉克(至少68宗案件)、伊朗(至少360宗)、沙特阿拉伯(至少82宗)和也门(至少41宗),总共占了所有中东和北非国家行刑个案的99%。相较于2010年,伊朗和沙特阿拉伯的行刑个案的净增长就占了全世界所记录的149处决个案。

2011年,数以千计的人民在中国遭处决,比全世界加起来的总和更多。在中国,死刑的数据是国家机密。国际特赦组织已停止公布其从中国公开管道收集到的数据,因为这可能远比真实数据低得多。

国家特赦组织再一次挑战中国当局公布那些遭处决以及被判死刑者的人数,以证实中国当局声称已修改法律与实践,而在过去四年来促使国内大量减少使用死刑的言论。在伊朗,国际特赦组织也获得可靠的报告指出有大量未受确认或甚至秘密处决已进行,这可能比官方数据高出一倍。

报告称,在伊朗,至少三个18岁以下的少年遭处决,这违反了国际法律。该组织也从报告获知另有四宗未能确认的青少年遭处决个案,另一起个案则发生在沙特阿拉伯。

报告也称,美国也是唯一一个八国集团国家中仍执行死刑的国家。在2011年,美国处决了43个人。

死刑案件被告未获公平审讯

报告也称,大部分判人民死刑或处决人民的国家,审讯过程并不符合国际的公平审讯标准。在一些国家,当局以酷刑或其他施压手段要犯人认罪。这些国家包括中国、伊朗、伊拉克、朝鲜和沙特阿拉伯。

然而,就算这些国家继续高度执行死刑,但是仍有了一点进步。

在中国,政府废除了13项以“白领犯罪”有关的死刑处罚,并且在全国人民代表大会提呈措施减少扣留中刑求、加强辩护律师角色并确保涉及死刑案件的嫌犯获得律师的代表。

在美国,处决的个案以及新的死刑判决也在过去十年来减少很多。伊利诺伊州成为第16个废除死刑的州属。俄勒冈州宣布暂停执行死刑。此外,暴力犯罪的受害者也开腔反对死刑。

“这不会在一夜之间发生,但是我们矢志将看到死刑成为历史的一天。”

国际特赦组织反对死刑,不理案件的性质、犯罪者的性格或政府使用什么方式执行死刑。死刑违反了生存的权利,并且是绝对残酷、不人道和有辱人格的刑罚。

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人权会敦促暂缓执行死刑 刘镇东吁修强制死刑条文


原載 : 獨立新聞在線 , 作者/梁康 2012年03月26日 05:42:25 pm

马来西亚短短一年就增加多达164名死囚,民主行动党槟城州议员刘镇东再促政府检讨死刑刑罚,并呼吁朝野议员支持先行修改《毒品危险法令》第39(b)的强制死刑刑罚。

刘镇东今日在国会走廊,出示3月13日内政部长希山慕丁的下议院书面回答,并点出,截至2012年2月28日,我国总共有860名死囚。

希山指出,860人当中,分别616人案件仍在上诉庭审理程序、94人仍在联邦法院审理程序及150人仍在赦免局申请程序;他们基于上述事宜而仍未处死。

马来西亚监狱局数据显示,2005年至2011年,我国总共有7万9487名囚犯被施予鞭刑,分别是58.3%本地人及41.7%外国公民。

刘镇东表示,他去年询问希山同样问题,当时截至2011年2月的死囚是696人,这也意味着,我国在一年就增加了164名死囚。

去年6月27日由朝野议员共组的探讨强制性死刑圆桌会议,达致要求政府暂时停止执行死刑,并成立相关国会特别遴选委员会的初步共识,但是此事迄今还未见落实。

前联邦法院法官哥巴斯里南(Gopal Sri Ram)更是在圆桌会议上点出强制性死刑的可怕之处,在于律师及法官对于法律的无知,以致判决出现冲突,例如一名被控运毒的被告成功获得减刑,而不至于面对死刑,然而,检控官针对减刑判决上诉,最终减刑的判决被判不恰当,而被告最终被吊死。

同时,死刑作为不可逆转刑罚,强制性死刑更是导致法官除了判定死刑或无罪之外,没有其他选择。【点击:国会死刑圆桌会议达共识 将设特委会检讨强制死刑】

刘镇东重申八个月前圆桌会议的呼吁,要求我国也检讨《危险毒品法令》第39(b)条款规定的强制死刑刑罚,并修改有关法令,以致让法官可以选择宣判死刑,或死刑以外的刑罚,并呼吁国阵议员也同样能够支持此事。

人权会呼吁废除死刑

马来西亚人权委员会也在今日出炉的《2011年马来西亚人权委员会年度报告》指出,该会重申要求废除死刑的呼吁。

人权委会也建议,在等候达致废除死刑决定前,政府应该考虑暂缓执行死刑或终身监禁,特别是一些被判处死刑,而等待出行超过五年的死囚。同时,该会也呼吁政府采用对待死囚的国际最低标准守则。

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Death Penalty Not Deterring Drug Trade

Original Post : Free Malaysia Today, Author : Patrick Lee, 19 March 2012

More people have been arrested over drug dealing, despite the shadow of the mandatory death penalty hanging over their heads.

KUALA LUMPUR: Malaysia’s mandatory death penalty on drug-related crime does not appear to have stopped drug dealers .

In fact, it was the reverse: there has been a steady increase over the last three years, according to a reply in Parliament.

In a written answer to Bukit Gelugor MP (DAP) Karpal Singh, Home Minister Hishammuddin Hussein said that 3,845 people had been arrested for drug dealing in 2011.

“Police statistics for the arrests of drug dealers under Section 39B of the Dangerous Drugs Act 1952 for the past three years (2009 to 2011) have shown an increase,” he said.

According to him, in 2009, 2,955 people were arrested under this section. In 2010, 3,700 people were arrested.

Karpal had asked if the 1983 amendments to the Act – which would slap serious drug offenders with capital punishment – had been effective in reducing drug-related crime.

To this, Hishammuddin said that the increase was caused by the trade’s ability to make a lot of money quickly; globalisation, creating a borderless world, which opened up a space for drug-dealing; and the “easier process” in which synthetic drugs were made, through the availability of chemical formulas and ingredients.

Previously, the Bar Council said that 32 countries around the world had death penalty for drug-related crime.

Of this number, 13 of them still enforced the mandatory death penalty, which included Malaysia.

The Bar Council’s president Lim Chee Wee said that most drug traffickers and dealers were “low-ranking drug mules”, who were the easiest (in the trade) to apprehend.

He added that there was no proof that the death penalty helped to cut down on drug-related crime.

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Lens on the human being in death row

When Toshi Kazama’s lens comes into focus on his subject – the criminal on death row – the image produced is uncannily endearing. You see a person, rather than a criminal.

By Susanna Khoo  (original post :  http://www.goodtimes.my/index.php/Community/lens-on-humanity-on-death-row.html)

Kazama portrays criminals on death row as ordinary people — albeit with issues — but who need help, rather than death.

He believes that the death penalty does not contribute towards a safer society, as inadequate attention is given to future crime prevention.

Rather than adopting a punitive approach, Kazama, a commercial photographer from New York, felt that it was better to focus on building positive values into society instead.

altPhoto to illustrate … an activist against the death penalty, Kazama raises awareness on the inhumanity behind the act. Photos by Susanna Khoo.

“Hate the violence, but never hate the person,” he told the crowd of over 80 people at the Kuala Lumpur and Selangor Chinese Assembly (KLSCAH) Hall on 25 October. His audience came to hear him talk on the Death Penalty: Does he/she deserve it? A perspective from the victim’s family, as was organised by KLSCAH and Amnesty International Malaysia, and held in conjunction with the World Day Against the Death Penalty on 10 October.

Kazama, 53, a Japanese who migrated to the United States when he was 15, is against the death penalty, saying that forgiveness and love are far better cures to overcome the ills found in today’s society.

He explained that those who choose to harbour hatred and anger and are bent on punishing others via the death penalty, would only end up killing their own soul in the process.

“Do we want to build a society based on killing?” he asked.

“When Malaysia executes somebody in prison, all of you are killing because you chose to have the death penalty,” Kazama said.

Kazama’s concern against the death penalty began in 1996, when he decided to undertake a photography project featuring youth on death row and the families of their victims. He chose this subject because he felt that death row inmates personified all the ills in society.

The project, Youth of Death Row: A Photo documentary Exploration,took 8 years to complete and it ended up having a profound effect on him. His preconceived notions of those on death row changed.

Until then, he thought of criminals as monsters. While working on the project, however, he began to realise that they were just ordinary people.

“I decided to use photography as a tool to express my point of view,” he said.

He became an activist against the death penalty and sought to raise awareness about the inhumanity behind the death penalty. He also became a founding board member of International NGO, Murder Victims’ Families for Human Rights (MVFHR).

Kazama continues in his mission to photograph criminals on death row, despite the emotional difficulties it presents because he wants to highlight the need for forgiveness.

The father of three grown children speaks from personal experience when he shares about forgiveness.

Kazama ... we have to think about building a society with care (and) love, instead of hatred (and) ignorance.

Eight years ago, while picking up his daughter from school, Kazama was attacked by a stranger. He was choked by his assailant and his head was smashed onto the pavement, causing him to bleed from the head and ears.

As a result of the incident, he experienced multiple skull fractures and fell unconscious.

At the hospital, Kazama’s wife was told to prepare for the worst. Doctors said that even if he woke up, he would most likely have to spend the rest of his life in a wheelchair.

But not only did he wake up just four days after the incident, he miraculously recovered after undergoing a long period of rehabilitation.

Upon seeing the severity of his condition, a friend of Kazama’s vowed to track down and kill the person who had been responsible for his injuries.

But Kazama was determined to forgive. He said, his only wish was to get a sincere apology from the one who had hurt him.

His reasoning was simple: if he did not forgive, the negative thoughts (of the criminal) would have not only physically violated his body, but also contaminated his family as well.

To this day, Kazama still has to cope with the physical scars of that assault, which includes numbness on the right side of his face and a certain degree of hearing loss.

In spite of this, he is extremely happy just to be alive, so he can share his story and that of those on death row.

“Death row inmates are the weakest parts of society,” Kazama said. “They’re poor, they’re uneducated.

“Some family members did not even have the money or the means to collect the body after execution,” he said.

Of the 21 death row inmates that Kazama has photographed, he has observed certain similarities among them, notably a lack of love in their families.

“When we receive unconditional love, we learn to care for others. Maybe these crimes could have been prevented in our society,” Kazama commented.

Many different methods are used around the world to execute the death penalty: lethal injection, electric chair, shooting, decapitation, stoning and many others. For Malaysia, the method of choice is by hanging.

Many usually claim that the approach they have chosen is the most humane, to which Kazama asks, “Is there any humane way to kill a person?”

Death by lethal injection requires 15 minutes, in which three different chemicals would be injected into the inmate’s arm; one to cause him to relax, another to render him unconscious and the final one to deliver the death blow.

Complications can arise at any point during this process, sometimes requiring executioners to start all over, while the inmate is still half conscious.

While all of us will succumb to death at some point, Kazama pointed out, “Execution is the only method in the world that we can control when a person is going to die.”

As for the victims’ families, he shared that those who emerged stronger despite the tragedy they endured were those who chose to make peace, not just with the perpetrator but also with themselves and their circumstances.

Describing a Vietnamese lady, who had lost her entire family in one night and who also has become a source of inspiration to him, Kazama said, “The scar of losing her loved ones will always remain in her heart, but she said, she can change how she looks at her own scars.

“We have to think about building a society with care (and) love, instead of hatred (and) ignorance. One person at a time, if you can extend your love a little further out… (and) maybe we can live in a better society,” Kazama concluded.

DP02

Boy criminal … Michael, 16 was the first death row inmate that Kazama photographed and who changed his perspective of convicts. Photo courtesy of Toshi Kazama, Copyright All Rights Reserved

DP01

Dehumanising convicts … Kazama questions whether death sentences such as those involving the electric chair are humane ways to punish criminals. Photo courtesy of Toshi Kazama, Copyright All Rights Reserved


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Really time to drop mandatory death penalty

28 August 2011, Nora Murat

Earlier this week, our attention was drawn to the image of a mother embracing her three children tightly as her face portray the ordeal she had gone through. Rosna Shariff was finally reunited with her children after four long and trying years due to the efforts of Putera 1Malaysia and Berita Harian who sponsored her flight home.

Rosna who was tricked by a man into becoming a drug mule was arrested in Santa Monica, Lima in 2007 with 5kg of cocaine. She was sentenced to two years and eight months in jail. After being released in October last year, she found herself stranded in Peru and could not afford her way home.

Amnesty International Malaysia (AIM) congratulates Putera 1Malaysia for their continued assistance in bringing home victims of similar cases as Rosna. Their work in providing help to Malaysians who have stumbled in their lives is crucial but Rosna is hardly an isolated case.

In February 2011, police statistics revealed that between 2007 to 2010, 239 Malaysians who had been lured into being drug mules were being detained in prisons of several countries. 120 of them were men and the remaining were women.

Throughout 2011, media continues to publish stories of Malaysians suspected to be drug mules being caught and detained overseas. The International Narcotic Control Board (INCB) stated that there is a current trend which targets Southeast Asia and East Asia in drug mule recruitment drives.

Those detained came from wide ranging background including students, professionals, graduate, uneducated, young and matured. As human beings, we have been moved by the plight of some of our fellow countrymen.

Nur Dhiya Ain Rosman, Christina Anak Luke Niju, Yong Vui Kong are amongst the few whose stories we remember. We also were informed of P Jayakumar, a 37 year old disabled man with a history of mental condition. He was deceived into collecting a table lamp in Brazil and was later nabbed on suspicion of being a drug mule in Buenos Aires. Through cooperation with Interpol, Jayakumar was located and returned to his family.

Despite having death penalty for drug crimes in Malaysia, there are Malaysians and government linked NGOs who are willing to provide assistance to Malaysians who have been found guilty for drug related offences overseas.

While it is extremely positive to see various public interest bodies coming together in ensuring the welfare of Malaysians especially those who have been taken advantage of, perhaps it is also time for us to check our reflection.

According to Amnesty International’s report, Death Sentences and Executions in 2010, the number of countries that are abolitionist in law or practice has substantially increased from 108 in 2001 to 139 in 2010.

The Global Overview on the Death Penalty for Drug Offences 2010, conducted by International Harm Reduction Association, found that there remain 32 states which provide for the death penalty for drug related offences. Out of these 32, 13 have the mandatory death penalty. Malaysia is one of them.

It is important to understand the gravity of what ‘mandatory death penalty’ means. Mandatory means ‘compulsory’ or ‘obligatory’ and when a judge has decides on the guilt of the accused, he has only one punishment to give – death.

Mandatory death penalty removes the discretion of judges to consider external factors such as accused’s level of maturity and intelligence, life’s background, circumstances leading to the commission of the offence and other mitigating factors.

In relation to the cases mentioned above, it would mean that although these individuals may have been tricked into carrying drugs and are but mere pawns in a far more elaborate syndicate, they will be facing the noose.

Further concerns which arise out of the imposition of the mandatory death penalty in Malaysia are the way in which our drug laws are framed. The Dangerous Drugs Act 1952, states in Section 36, that “It shall not be necessary in any proceedings against any person for an offence against this Act to negative by evidence any licence, authorisation, authority, or other matter of exception or defence, and the burden of proving any such matter shall be on the person seeking to avail himself thereof”.

Section 37 outlines legal presumptions which amongst others assume that accused who was proven to be in possession of drugs at a certain weight is guilty of trafficking. The accused have to prove his innocence.

While the efforts of the likes of Putera 1Malaysia, rescuing Malaysians who are overseas in need of help, are much commended, we still need to address and assist the many more Malaysians and individuals who have to face the mandatory death penalty in Malaysia even when they experienced similar circumstances with their fellow citizens. They could not escape the gallows because our laws refuse to allow judges discretion and continue to impose mandatory death penalty.

Amnesty International Malaysia calls upon Malaysian government to adopt a moratorium on all executions and for all laws carrying the mandatory death penalty to be repealed. We welcome the recent efforts by parliamentarians who had chosen to work together despite being in different political parties to pass a resolution in Parliament to seek abolition of mandatory death penalty.

Many Malaysians have spoken out against death penalty and AIM received supports in our campaign towards its abolition. As a developed nation we have no further need of this discriminatory, inhumane and degrading punishment. Although there are many who would argue for its existence, as a civilised nation, we have to respect, adhere and uphold human rights which value human’s life.

We also ask that in the light of Singapore’s presidential elections today, all Malaysians will join civil society in solidarity and continue to call for the death sentences of Yong Vui Kong and Cheong Chun Yin to be commuted. Since justice has turned a blind eye, let mercy not show us its cold shoulder too.

Nora Murat is executive director of Amnesty International Malaysia (AIM).

Related report:

Repeal Mandatory Death Penalty (Malay Mail)

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李家同:如果我被殺!

如果我被殺,只要一息尚存,我一定會告訴殺我的人,我絕對寬恕他,也會為他祈禱,更會要求友人照顧他的家人,尤其要使他的孩子不再留在社會黑暗的角 落。如果我無法說這些話,我也無所謂,因為我的太太和女兒絕不會痛恨殺我的人,她們一定會為他祈禱,也會照顧他的家人。不僅如此,我的學生不會有一個人希 望他被處死刑。

我並非善惡不分的人,我當然知道殺人是不對的,但我更知道,我們心中一定不能有任何恨意,更不能有報復的心理。尤有進者,我深深感受到的是:寬恕最能帶來心靈上的平安。前任教宗被刺,康復以後,立刻到監獄去探訪那位刺殺他的人,而且始終面露慈祥的微笑。現任教宗去年又被攻擊,事後也立刻去探訪那位攻擊他的人。

有一位美國年輕女孩,到非洲替窮人服務,不料被刺身亡,她的爸爸飛到那裡處理後事,目睹當地的窮困,回國以後,募了很大一筆款項,成立了一個機構,專門幫助那裡的人,這位爸爸從來沒有替他的女兒尋求任何的報復。

美國有一種人,叫做阿米希(Amish)人,他們是和平主義者,二OO三年,一位帶槍的人進入了他們的一所小學,開槍殺小孩,然後自殺,五 位小女孩身亡,兇手自殺幾個小時以後,一位阿米希人立刻去安慰這位兇手的太太,表示了對她丈夫的寬恕,一位阿米希人擁抱了兇手的父親長達一小時之久。大批 阿米希人出席了兇手的葬禮。最後,這些阿米希人還成立一個慈善基金會,以金錢幫助兇手的家屬。

歐洲一直是個國與國之間冤冤相報的地區,但二次世界大戰以後,這一切都已過去,誰也不再記得當年的仇恨,歐洲的和平帶來了空前的繁榮。反觀非洲地區,國與國之間,似乎永遠有著不能忘卻的仇恨,這些仇恨帶來了戰爭,當然也導致非洲的貧困。

在國人強烈反對廢死刑之時,不妨看看國際間對死刑的看法,一共一三九個國家沒有死刑,也就是說,全世界三分之二的國家都已不再執行死刑。歐盟是全體沒有死刑的,最近廢止死刑的國家是蒲隆地和多哥,都是非洲國家,美國和中國大陸仍在執行死刑。可是,從未有人說,美國和大陸是犯罪率極少的國家。

每一次有一個國家廢止死刑,羅馬競技場就會點燈,以示慶祝,這個競技場已是廢墟,但是,當年這是殺人的地方。競技場成為廢墟,歐盟國家廢止死刑,是人類進步的象徵也。

國人應該冷靜下來,好好思考執行死刑背後隱含的想法,也更要看看為何有這麼多的國家不再執行死刑,為什麼這些沒有死刑的國家並沒有很高的犯罪率,那些有死刑的國家也沒有很低的犯罪率。

可是,最重要的是:我們該不該寬恕我們的敵人?阿米希人是心靈上最有平安的人,而他們也是絕對實行寬恕的民族。他們的寬恕是鐵一般的事實,兩位教宗的寬恕也是鐵一般的事實,我們的社會,能不能至少探討一下寬恕的意義?

我已過七十,也不能說從未有人對我不好,但的確我的內心深處,絕對沒有對任何人有怨恨之情,我一直過得平平安安,就是這個緣故。

我們常聽說大家要療傷止痛,很多人以為要療傷止痛,一定要使正義得以伸張,但是,正義常常是盲目的。我們必須記得前任教宗所說的話,「和平建築在正義之上,正義建築在寬恕之上」,我們的社會,應該要注意「寬恕」的重要性了。

(作者李家同為暨南、清華、靜宜大學榮譽教授)

【2010/03/13 聯合報】

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Round Table Discussion Reached the Consensus to Call for moratorium of Death Penalty immediately

The attendees of Round Table Discussion at Malaysia Parliament agreed to put forward a resolution today (27/6/2011)

  1. to call for moratorium of Death Penalty immediately
  2. to form a caucus to study and review the related legislative related to Mandatory Death Penalty.

Hope the Parliamentarian will table the motion soon.

This RTD is initiated by Defactor Law Minister Dato Nazri, MP-Bukit Bendara Liew Chin Tong, MP-Tawau Dato Chua Sok Booi together with Malaysia Human Rights Based NGOs.

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Agreed – resolution over moratorium on death penalty

By SHAUN HO thestar.com.my / June 28 2011

KUALA LUMPUR: A resolution calling for an immediate moratorium on the mandatory death penalty was agreed by a roundtable which discussed it in Parliament.

The resolution also called for capital punishment to be reviewed by a Parliamentary caucus consisting of NGOs, former judges, lawyers and other stakeholders.

The roundtable, which was made up of representatives from NGOs and the legal fraternity, met in Parliament yesterday and agreed that there should be further discussions on the matter, particularly for drug offences.

In a statement, the roundtable said drug offences were not classifiable as “a most serious crime” and should not be dealt with by capital punishment.

It also said that there was no proof that the death penalty was especially effective in reducing crime.

“The mandatory death penalty for drug traffickers and drug mules has had virtually no impact on the drug trade. Instead, drug related offences and addiction have been on the rise in Malaysia since the 1983 amendment to the Dangerous Drugs Act 1952 which brought in the mandatory death penalty,” it added.

It also said the punishment was irreversible and was too great a responsibility to be burdened on a judge.

The statement said as of Feb 22 this year, a total of 696 inmates were on death row. Of that, 676 were males and 20 were females with 90% of them aged between 21 to 50 years old.

The inmates were sentenced to death mainly for drug offences (479) followed by murder (204) and illegal possession of firearms (13).

The roundtable, which was chaired by Puchong MP Gobind Singh Deo, has four panelists – former federal judge Datuk Seri Gopal Sri Ram, Bar Council president Lim Chee Wee, Attorney General’s Chambers representative DPP Datuk Nordin Hassan and Suhakam chairman Tan Sri Hasmy Agam.

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国会死刑圆桌会议达共识   将设特委会检讨强制死刑

作者/梁康 (独立新闻在线) Jun 27, 2011 07:56:50 pm

【本刊梁康撰述/苏晓枫摄影】由首相署部长纳兹里与在野党升旗山国会议员议员刘镇东联合号召的“检讨强制性死刑”圆桌会议达致初步共识,以展开四项行动,包括要求政府立即暂停执行死刑以及建议组成国会特别遴选委员会检讨强制性死刑。

刘 镇东在圆桌会议结束前,代表纳兹里宣布,即将为检讨强制性死刑展开的四项行动,包括建议政府暂停执行死刑;同时,设立国会特别遴选委员会,以便检讨强制性 死刑。这个特委会将掌管法律及国会事务首相署部长纳兹里主持,并涵括朝野议员、退休法官、检控官及律师等其他相关组织。

他指出,希望能够在本季国会结束前通过成立该特别遴选委员会的建议,目前委员会的人选还有待确定。

另外两项行动则是考虑触犯《危险毒品法令》的刑罚是否符合比例原则(principle of proportionality),以及考虑替代强制性死刑的其他刑罚。

“检 讨强制性死刑”圆桌会议今日在国会大厦会议室举行,该三小时的会议邀请前联邦法院法官哥巴斯里南(Gopal Sri Ram,左上图左)、总检察署代表副检察司诺丁哈山(Nordin Hassan)、马来西亚律师公会主席林志伟(左上图中)及马来西亚人权委员会主席哈斯米阿甘(Hasmy Agam),主持人为民主行动党蒲种区国会议员兼律师哥宾星(Gobind Singh,左上图右)。

刘镇东也指出,我国死刑犯中,出现犯罪类型比率失衡的情况,根据截至2011年2月22日的马来西亚死刑数据,在696名等待处决的死囚,有接近七成,即69%是年龄介于21岁至50岁,被判运毒罪名的死囚,剩余的是204人被判谋杀及13人被判非法持有军火。

他指出,696名死囚当中,有高达90%,即676人是男性及20人或10%为女性。

2011年2月22日前,遭处决的死刑犯有441人,228人是运毒罪名、谋杀犯是78人、130人非法持有军械,以及四人向国家元首宣战。

强制性死刑的可怕之处

退 休法官哥巴斯里南也点出,强制性死刑的可怕之处在于律师及法官对于法律的无知(ignorant),以致判决出现冲突,例如一名被控运毒的被告成功获得减 刑,而不至于面对死刑,然而,检控官针对减刑判决上诉,最终减刑的判决被判不恰当(irrelevant),而被告最终被吊死。

针对峇都区国会议员蔡添强提出,若允许强制性死刑,则会出现警察联同总检察署决定证据以致法官无话可说的情况;哥巴斯里南则声援总检察署,并认为其实后者有进行公平的检控。

他指出,有著名的案例,十年后才发现,警方的全部证据都是伪造的例子,因此出现检控官也无法拿到正确证据的情况,因此,将死刑作为一种可选择的判决,会更保险。

“若你问我下判的案件,有多少宗是正确判决,我只能说我也不知道,因为我也是人类,与其只有死刑,留住生命更加保险。”

追问总检察署表态

代表总检察署的诺丁哈山(Nordin Hassan,左下图)也表示,目前总检察署已确定,任何新的法令不会再以死刑为刑罚,至于现有涉及死刑的法令,仍然还在研究中,包括需要收集公众意见。

人民公正党班底谷区国会议员努鲁依莎(Nuruh Izzah)也追问总检察署收集公众意见的期限,诺丁哈山说,有关期限还在研究中。

然而,一些非政府组织代表不满意上述答案,并继续追问要收集多少个签名才能够废除死刑。非政府组织在拯救马来西亚籍新加坡死囚杨伟光时,已收集相当数量的签名,其中,来自儿童之声组织的代表直问诺丁哈山:“我们应该怎样才能废除死刑?”

不过,诺丁哈山并未说明,仅表示:“我们将记录所有的建议,我们的研究将会考量所有的层面,并会为了公众利益作出决定。”

死刑存废无关政治

律师公会主席林志伟要总检察署先不要顾及公众意见,立即就暂停死刑以寻找替代刑罚,如终身监禁。至于死刑的讨论可以容后再谈。

他也表示,外国一些事实也证明,废除死刑不会影响选票,保留死刑也未必代表公众意见,因为即使一些议员支持废除死刑,最终仍然能够中选。

国阵砂拉越州土保党巴当沙东(Batang Sadong)国会议员南西(Nancy Shukri)也表示,废除死刑并非政治议题,没有人想看到国家发生有人的生命被夺走的事。

人权委员会主席哈斯米也敦促,政府有政治意愿废除死刑,该委员会也愿意提供协助。

回教与废除死刑冲突?

另外,也有一名回教徒公众也抛出,废除死刑与回教的《可兰经》经典阐明允许死刑出现冲突的疑问,随后,一名来自国民醒觉运动(Aliran)的代表回应:“我也是回教徒,然而,我认为每次《可兰经》提到死刑,其最终还是声明更好的是宽恕。”

他说:“既然神给了我们生命,就让祂成为唯一可以收回(生命)的人。”

另外一名基督教徒公众也举例,虽然基督教《圣经》也谈及死刑,然而,欧盟方面仍然还是能够废除死刑。

出席圆桌会议的公众,包括欧盟驻马来西亚代表团大使比克(Vincent Piket)、部分朝野议员及非政府组织代表。

Other Reports:

國會會議‧設國會特別遴選委會‧檢討強制死刑制度 (星洲日报)

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