ADPAN Resources

Drug offences & the death penalty in Malaysia: Fair Trial Rights and Ramifications

 

Natalia Antolak-Saper, Sara Kowal, Samira Lindsey, Ngeow Chow Ying, Thaatchaayini Kananatu, 2020

 

There are approximately 1280 people currently on death row in Malaysia.
A majority of these people have been convicted of drug-related offences. Many face socio-economic disadvantage, nationality and language barriers.
Harm Reduction International, Monash University and the Anti-Death Penalty Asian Network (ADPAN) have come together to investigate how the Malaysian criminal justice system affords people charged with drug-related capital offences access to justice and fair trial rights, from the stage of arrest through to death row.

 

Drug Offences and the Death Penalty in Malaysia: Fair Trial Rights and Ramifications

 

To view the launch event, click here

Isolation and Desolation: Conditions of detention of people sentenced to death Malaysia

 

Carole Berrih and Ngeow Chow Ying, 2020 

 

Launched on 29 April 2020, this report is derived from a fact-finding mission carried out in Malaysia from July 2019 to February 2020 by ADPAN and ECPM (Together Against the Death Penalty). It was led by an ADPAN member and two lawyers from the Malaysian Bar Council, who conducted semi-directive individual interviews with death row prisoners, relatives of people sentenced to death, faith-based organisations providing religious counselling in prison, lawyers and psychiatrists in Malaysia. Carole Berrih, the author of the report, accurately uses all the accounts collected and puts them in the context of the country’s criminal and penitentiary systems.

 

This report is part of the “Fact-Finding mission on death row” collection which aims to make an assessment of the living conditions on death row in various countries across the world. The goal is both to report on the reality of death row and to engage public opinion.

 

Produced by ADPAN and ECPM (IEDHR Project)

 

Isolation and Desolation: Conditions of detention of people sentenced to death Malaysia 

 

Dehumanized: The prison conditions of people sentenced to death in Indonesia

 

Carole Berrih and KontraS, 2019 

 

Launched on 10 October 2019 – World Day Against Death Penalty, this report is derived from a fact-finding mission carried out in Indonesia from December 2018 to May 2019 by KontraS and ECPM (Together Against the Death Penalty). It was led by three KontraS members who conducted semi- directive individual interviews with death row prisoners, prison directors and wardens, and lawyers in Indonesia. Given that the investigation team could not be deployed in all the prisons that house people sentenced to death, they selected eight prisons which represent different types of prison. Other interviews were conducted by the author of the report, Carole Berrih, Director of Synergies Coopération, with relatives of people sentenced to death and lawyers. Carole Berrih accurately uses all the accounts collected and puts them into context within the country’s criminal and penitentiary systems.

This report is part of the “Fact-Finding mission on death row” collection which aims to make an assessment of the living conditions on death row in various countries across the world. The goal is both to report on the reality of death row and to engage public opinion.

Produced by KontraS, with ECPM and ADPAN (IEDHR Project)

 

Dehumanized: The prison conditions of people sentenced to death in Indonesia

 

Unfair Trials Report

 

On 6 December 2011 the Anti-Death Penalty Asia Network launched two major reports that explain why unfair convictions are so common in Asia-Pacific, where governments execute more people than the rest of the world combined, and details the stories behind the statistics.

 

The death penalty, even with the most stringent fair trials safeguards in place, will inevitability claim innocent victims. It is meaningless to speakof the permissibility of an unfair trial – the right to a fair trial is an ancient one and in more recent years has been codified in international human rights law binding on all UN member states.

 

Despite the infallibility of any justice system, but given that the death penalty exists a right to a fair trial for those facing the death penalty is crucial and key to establishing safeguards the rights of the defendant but to serve the ends of justice as a whole.

 

The possibility of the state taking the life of someone in error following an unfair trial is real in the Asia Pacific region, where 95% of the population reside in jurisdictions that retain and use the death penalty. Safeguards for fair trial are being violated in law and practice in a number of countries throughout the Asia Pacific region. While proponents of the death penalty talk about the need to strengthen law and order and provide justice for victims of crime, evidence shows that justice in capital trials is often illusory and the law undermined in practice.

Nine individuals on death row are profiled in the ‘Unfair Trials’ Reports. Read the cases of Leng Guoquan (China), Devender P. Singh (India), Hakamada Iwao (Japan), Reza Shah (Malaysia), After Bahadur (Pakistan), Yong Vui Kong (Singapore), Chiou Ho-shun (Taiwan), Zulfiqar Ali (Indonesia) and Humphrey Jefferson Ejike Eleweke (Indonesia) below: 

 

English

简体中文 (Simplified Chinese)

हिंदी (Hindi)

Bahasa Indonesia

日本語 (Japanese)

한국의 (Korean)

Melayu (Malay)

Монгол (Mongolian)

Tagalog

ภาษาไทย (Thai)

اردو (Urdu)