Thursday, 25 October 2018

ADPAN – On the World Day Against the Death Penalty October 10, 2018

Source: Anti-Death Penalty Asia Network (10 October 2018)

Press Statement
On the World Day Against the Death Penalty
October 10, 2018

On 10 October each year, the international community reflects on the death penalty and its futility.

This year, we also reflect on the terrible and cruel physical conditions most death penalty prisoners are forced to suffer. All prisoners on death row share the same psychological torment, as they await an unnecessary and brutal death at a pre-arranged hour, whether soon or an unknown number of days or years away.

On this World Day Against the Death Penalty, Anti-Death Penalty Asia Network (ADPAN, a network of organizations and individuals aiming for the abolition of the Death Penalty) reaffirms its strong and unequivocal opposition to the death penalty in all circumstances and for all cases. ADPAN considers the death penalty incompatible with human dignity. The international research shows that the death penalty does not have any proven deterrent effect. Whether used against prisoners who are powerless and poor, minorities who are marginalized, or political enemies, the death penalty brutalizes and diminishes each society which employs it.

On this day of the year, we call on the retentionist States who still regularly execute, to immediately put in place a moratorium, and to abandon this futile and cruel relic of history.

All too often, conditions for prisoners facing execution are cruel and harsh. Conditions vary around the world, but in some places, cruelties range from torture to overcrowding in filthy conditions to denial of basic rights such as regular access to lawyers or family, to being detained without hope for long periods, all too often in cramped, excessively hot or cold and inhuman conditions.

Systemic problems vary around the world, but these terrible prison conditions are too often accompanied by trials which have been unfair, in justice systems in urgent need of reform.

In Asia, there has been mixed development in the abolition movement in the last 12 months. On the one hand, we have seen the amendments to the Dangerous Drugs Act in Malaysia, which the government then described as a “baby step” towards abolition. In this amendment, the presiding judge is given some discretion to impose imprisonment rather than death on a convicted drug trafficking offender if certain conditions are proven. Nevertheless, whether this amendment will save lives is yet to be seen. Indonesia is also undergoing a review of its Criminal Code where, if passed, the death penalty will no longer be a primary sentence. Korea is affirming its commitment to abolition, while Cambodia has resisted a call to reintroduce the death penalty.

On the other hand, there was also a steep increase in executions in this region. Earlier this year, Japan executed 13 people within a short span of time; Thailand executed 1 person after 9 years of moratorium; Taiwan executed 1 person without much warning; we have information that Singapore recently executed 3 people; not to mention the many executions in China and Vietnam which are so often done in secret. The Philippines is threatening to bring back the death penalty, only a delayed Senate vote is holding back the floodgates; so too, Mongolia is debating reverting back to executions.

In Pakistan, executions through special and military courts and trials have been carried out, in the face of criticism of the courts’ failures to adhere to their guarantees of fair trial and due process. In India, despite extraordinary delays and other systemic problems within the justice system, there has been a rush to calling for more and more executions, in the face of child and other rape cases. In Bangladesh, there has been an increase on death penalty conviction in recent years, totally as at September 2018, 1680 people on death row.

What these occasional executions and clamor for executions all too often show is that the death penalty is used as a tool for some other undisclosed political purpose.

However, we also note that there has been an increase in discourse and dialogue on this issue within society and among policymakers, which we view as most desirable and healthy. We, in ADPAN, place much emphasis on continued education and dialogue in an open and transparent environment. We are firmly of the view that wherever there is honest, courageous and careful study of a justice system, its flaws, its strengths, its purposes; in combination with a study of trials, acknowledging the reality everywhere of the inevitability in every system of some wrongful convictions; with honest assessments of state brutality when it occurs, together with the study of prison conditions, and other relevant matters, then the futility and unnecessary cruelty of state-sanctioned executions will become apparent. So many countries of the world have already done this – rich and poor, of all political and religious persuasions. It is time for the remaining executing countries to do the same.

ADPAN envisions a world without the death penalty, and we start from Asia. Asia covers a vast geographical area, diverse and rich in ethnicity and culture, with different forms of government. We understand the challenges, yet we believe that with the hard work of all stakeholders and the commitment towards humanity, this is not an impossible goal. History and the changes of the last 70 years show us that such goals are not merely dreams but can become practical realities.

Last but not least, on this 10th October, as every corner of the world commemorates the World Day Against the Death Penalty, ADPAN wish to take this opportunity to express our heartfelt appreciation to the abolition community and welcome all others to join the family as we call for the abolition of the death penalty, an end to state-sanctioned killings.

Issued by:

ADPAN Executive Committee

10 October 2018

30 years’ jail to replace death penalty

Source: The Star Online (17 October 2018)

DEATH row inmates, whose sentences have been commuted to 30 years life imprisonment, will have to serve out their full jail term, says Datuk Liew Vui Keong.

“There will be no retrospective effect for those serving their sentences.

“Their jail term will run from the date the pardons board commutes their death sentences to life imprisonment,” said the Minister in the Prime Minister’s Department when answering a supplementary question by Kasthuriraani Patto (Pakatan-Batu Kawan) during Minister’s Question Time yesterday.

Besides the full jail term, he said there would be instances where the convicts would end up spending the rest of their natural lives behind bars.

He said the study took several factors into consideration and recommended that the death penalty in Malaysia to be abolished altogether.

Liew said the study noted that there was no proof to show the death penalty served as an “effective deterrent”.

He said it also found there was a risk of an innocent suspect being sent to the gallows due to a wrongful conviction.

“There are instances of those convicted with murder based on false testimonies from key witnesses.

“Although the conviction may be set aside, the fact is the conviction could have led to the death penalty,” he said.

Liew reiterated the government’s commitment to abolish the death penalty was in line with Pakatan Harapan election manifesto.

At present, he said there were 32 laws that carried the death penalty, of which 12 were mandatory sentences.

Will a New Malaysia Kill the Old Death Penalty?

Source: The Diplomat (18 October 2018)

In a sign of potential reform, the Malaysian government of Prime Minister Mahathir Mohamad appears to be moving toward abolishing the death penalty. Though there is still some uncertainty around how things will eventually play out, it has nonetheless sparked a conversation about potential alternatives the country could adopt in this respect.

Malaysia is not alone in having the death penalty in Southeast Asia. While a few countries have abolished the death penalty in recent decades, such as Cambodia and the Philippines, it is still used in other countries like Indonesia and Singapore and remains on the books in other places such as Brunei and Laos. Despite variations in frequency of use, it has at times led to unwanted tensions in diplomatic relations with countries opposed to the death penalty.

In Malaysia, by one estimate, about 1,200 people are on death row for crimes ranging from murder to drug trafficking. Charges like rape that causes death, child rape, kidnapping, and terrorism also carry the death penalty.

Law Minister Liew Vui Keong has raised the possibility of Malaysia getting rid of the death penalty and considering alternatives. Liew has cast this as part of a wider promise by the new government in its election manifesto to get rid of oppressive and cruel laws in the country.

The re-evaluation, which initially made headlines around the World Day Against the Death penalty, has been tentatively welcomed by international rights groups and was an obvious cause for celebration by those on death row. Amnesty International led the chorus of human rights groups that are campaigning for an end to the death penalty, saying the Malaysian decision was “a major step forward” for what is “an ultimate cruel, inhumane, degrading punishment.”

Despite the initial optimism, the exact path forward for Malaysia in this respect remains unclear. The Law Minister has expanded on why a reconsideration is necessary, pointing to the fact that there has been a government study conducted indicating that there is no deterrent effect from the death penalty. He also has ordered a halt on all executions until legislation is gazetted and comes into effect.

“Since we are abolishing the sentence, all executions should not be carried out… We will inform the Pardons Board to look into various applications for convicts on the waiting list to either be commuted or released.”

To address concerns among some, including lawmakers, Liew has also subsequently said that Malaysia will approach any re-evaluation carefully, including making sure that the death penalty is replaced by some version of life imprisonment or longer jail terms, with a terms of 30 years being thrown out as an example.

But the Malaysian Bar has warned that death sentences should not automatically be replaced by these alternatives, but rather be replaced by specific jail terms in relation to the severity of their offences and other specific circumstances.

“Only then will the punishment of imprisonment meted out be just and effective,” its president George Varughese said in a statement on October 16.

One thing is for certain: if Malaysia does get rid of the death penalty, it will be in good company. Malaysia will emerge as the 107th country to rid itself of state-sanctioned killing, compared with just 64 nations just two decades ago.

Luke Hunt can be followed on Twitter @lukeanthonyhunt