Report finds concerns with access to fair trials in Malaysian death penalty cases

Source: Mirage News (28 May 2020)

https://www.miragenews.com/report-finds-concerns-with-access-to-fair-trials-in-malaysian-death-penalty-cases/

A new report launched by Monash University, in partnership with Harm Reduction International (HRI) and the Anti-Death Penalty Asia Network (ADPAN), has questioned the fair trial standards afforded to more than 1,000 people currently sentenced to the death penalty in Malaysia.

Key findings

Monash University’s research shows that the death penalty in Malaysia has been imposed following proceedings that did not meet fair trial standards either in accordance with international, domestic or cognate common law standards.

There are 1,280 people awaiting the death penalty in Malaysia, who have not experienced fair trial standards either in accordance with international, domestic or cognate common law standards.

In certain drug trafficking trials, the presumption of innocence is undermined because as a result of the double presumptions an accused is presumed to be guilty.

Many of those accused face socio- economic, nationality and language barriers that prohibit their access to the requisite level of legal assistance.

The report, titled ‘Ensuring a Fair Trial: Fair Trial Guarantees & the Death Penalty in Malaysia’, was today launched by Malaysia’s former Chief Justice, Judge Tan Sri Richard Malanjum.

Written by Monash University and the Anti-Death Penalty Asia Network (ADPAN) with support from Harm Reduction International, the report also makes a number of recommendations, including that the Malaysian Government ratify the International Covenant on Civil and Political Rights and the Second Optional Protocol.

“Our case analysis in the Report revealed that the death penalty in Malaysia has been imposed following proceedings that did not meet fair trial standards either in accordance with international, domestic or cognate common law standards,” said report co-author Dr Natalia Antolak-Saper, from the Monash University Faculty of Law.

“Evident throughout this report is that a significant population of those sentenced to death in Malaysia is comprised of individuals convicted of drug offending, many of whom face socio- economic, nationality and language barriers that prohibit their access to the requisite level of legal assistance needed to properly test the prosecution case,” said co-author Ms Sara Kowal, Monash University Capital Punishment Impact Initiative Manager (Partnerships & Clinics).

As at December 2019, 1,280 people were on death row in Malaysia, 89 per cent of these people weremale and more than two-thirds of all persons on death row had been convicted of drug trafficking offences, according to figures from Amnesty International.

“Our research draws on interviews with lawyers who identify some common fair trial challenges including the lack of sufficient funding for legal representation at all stages of the death penalty trial, appeals and clemency stages,” Dr Antolak-Saper said.

“Our analysis of the Malaysian drug trafficking legislation identifies four key challenges to fair trial rights, one of which is that the presumption of innocence is undermined because as a result of the double presumptions an accused is presumed to be guilty.”

Ms Kowal said they found the clemency process to appear at times arbitrary.

“The lack of a legal framework means the process lacks transparency and review, both essential to fair trial rights. Given the stakes are so high in death penalty matters this is particularly problematic,” she said..

Malaysia is one of 35 countries in the world that imposes the death penalty for drug offences and in 2019, was one of 13 countries to actually sentence the accused to death for drug trafficking.

“Capital punishment ends lives, destroys families, and operates in discriminatory and arbitrary ways throughout the world. It has no proven deterrence value or other demonstrated public benefits,” said Ms Kowal.

Singapore sentences man to death via Zoom call

Source: The Guardian (20 May 2020)

https://www.theguardian.com/world/2020/may/20/singapore-sentences-man-to-death-via-zoom-call

A man convicted of drug-trafficking offences has been sentenced to death in Singapore via a Zoom video-call, the city-state’s first case where capital punishment has been delivered remotely.

Rights groups condemned the sentencing of Punithan Genasan, a 37-year-old Malaysian, as inhumane, and a reminder of the country’s continued use of the death penalty for drug-related offences.

Genasan was found to have been complicit in trafficking at least 28.5g of heroin by coordinating two couriers in 2011. He denied any connection to the pair, but his defence was rejected on Friday.

A spokesperson for Singapore’s supreme court told Reuters the case involving Genasan was conducted online “for the safety of all involved in the proceedings”.

The country has been under quarantine measures since early April, following a surge in the number of coronavirus cases linked to migrant worker dormitories. Court cases considered essential have been held remotely, though many others have been adjourned.

Genasan’s lawyer, Peter Fernando, said his client received the judge’s verdict on a Zoom call and is considering an appeal. He said he did not object to the use of video-conferencing since it was only to receive the judge’s verdict, which could be heard clearly, and no other legal arguments were presented.

Rights experts described the decision to hold the case remotely as callous. “The absolute finality of the sentence, and the reality that wrongful convictions do occur around the world in death sentence cases, raise serious concerns about why Singapore is rushing to conclude this case via Zoom,” said Phil Robertson, the deputy director of Human Rights Watch’s Asia division.

Singapore, which has a zero-tolerance policy for illegal drugs, is one of only four countries known to still execute people for drug-related offences, according to Amnesty International.

“This case is another reminder that Singapore continues to defy international law and standards by imposing the death penalty for drug trafficking, and as a mandatory punishment,” said the group’s death penalty adviser, Chiara Sangiorgio.

Four people were executed in the city-state last year, compared with 13 in 2018.

Zoom did not immediately respond to a request for comment made via its representatives in Singapore.

A similar case in Nigeria, where a man was sentenced to death via Zoom for murdering his employer’s mother, has also been criticised by rights groups.