Author: Exec Adpan

ADPAN Statement on Malaysia’s Progress in Death Penalty Reform and Indefinite Juvenile Detention

Exec Adpan

ADPAN Statement on Malaysia's Progress in Death Penalty Reform and Indefinite Juvenile Detention

March 13, 2025, Statements

The Anti-Death Penalty Asia Network (ADPAN) commends Malaysia’s historic steps towards reducing the use of the death penalty. Shifting from a mandatory sentencing framework to a discretionary one has had a significant impact: recent parliamentary data [1] reveals that, after resentencing hearings took place between November 2023 and October 2024, the number of people on death row dramatically declined from more than 1300 [2] to 140. Allowing the Federal Court of Malaysia to review each sentence and to consider mitigating factors has given second chances to many people previously condemned to death and signals a crucial move away from capital punishment as a default.

Further, this has paved the way for better compliance with international human rights standards and the adoption of a rehabilitative, rather than a punitive, approach to justice. ADPAN commends the work of the dedicated capital defence lawyers, the Malaysian Bar, civil society organisations, and others whose efforts ensured that all those eligible for resentencing were able to be represented before the Court.

Progress: Significant Decline in Death Sentences

According to Parliamentary data and records from the Malaysian Prisons Department, the number of people on death row in Malaysia has significantly declined, including a sharp drop in the proportion of women. As of 22 January 2025 the proportion of women on death row fell from 9.65% in 2022 [3] to just 1.43% in 2025. In 2022, the World Coalition Against the Death Penalty reported that Malaysia had 129 women on death row, making it the country with the highest number of women sentenced to death based on available data [4]. That number has now fallen to two women, along with one individual whose gender identity is unclear from publicly available data. This decline means that Malaysia is now aligned with the global average, where women typically make up 1–5% of death row populations [5]. It marks a significant milestone in addressing the disproportionate impact of the death penalty on women in Malaysia, many of whom were convicted of drug-related offences under coercive or exploitative circumstances.

The number of foreign nationals sentenced to death in Malaysia has also significantly declined—the data shows that there are now 27 foreign nationals on death row [6] (19.3%). This is a notable drop from previous years: in February 2019, Amnesty International reported 568 (44%) foreign nationals on death row, of which 73% had been convicted of drug trafficking [7].

While this decline reflects ongoing reforms and evolving sentencing practices, concerns persist regarding fair trial rights and access to legal representation for foreign nationals facing capital punishment.

Death Penalty for Drug Offences

Despite progress in reducing the overall number of people on death row, serious concerns remain. Nearly one-third of persons remaining on death row (40 people) have been convicted of drug offences [8]. Drug offences do not meet the international legal threshold of “most serious crimes” set by Article 6 of the International Covenant on Civil and Political Rights, which has been interpreted as referring to “crimes of extreme gravity involving intentional killing” [9]. A number of UN bodies, including the United Nations Office on Drugs and Crime [10] and the International Narcotics Control Board [11], have called for States to abolish the death penalty for drug offences. We urge the Government of Malaysia to review its position on retaining the death penalty for drug offences and consider an evidence-based drug policy that ‘promotes prevention, treatment, rehabilitation and reintegration’ [12].

Mitigation Review 

We urge the authorities to ensure that the 140 persons still facing the death penalty are given mitigation reviews with full consideration of mitigating factors that may not have been presented at the time of their original sentencing or during the resentencing process. Failure to consider such factors has been widely recognized as leading to unjust and disproportionate sentences. International human rights standards, including Article 14(1) of the International Covenant on Civil and Political Rights (ICCPR), affirms that everyone is entitled to a fair and public hearing by a competent, independent, and impartial tribunal. A fair and just legal process must recognize the individual circumstances of each case and align with international human rights standards. In this regard, we recommend that Malaysia consider establishing a mitigation system according to clear and accepted standards developed along themes of mitigating circumstances. 

Indefinite Juvenile Detention 

Malaysia’s commitment to legal reform must go beyond the death penalty and tackle other deep-seated injustices—particularly the indefinite detention of juvenile offenders under Section 97(2) of the Child Act 2001 [13]. According to the latest parliamentary data [14], 27 juvenile offenders have been sentenced under this provision:  

  • 11 individuals have been imprisoned for over 10 years
  • 12 individuals have been imprisoned for 10 to 20 years
  • 2 individuals have been detained for more than 20 years

Children sentenced to indefinite detention are given annual reviews, but there is no clear path to release, violating Articles 37(b) and 40(1) of the Convention on the Rights of the Child (CRC). The CRC mandates that detention be a last resort, for the shortest period, and that juvenile justice promotes dignity, rehabilitation, and reintegration. However, discretionary powers over release rest with the Yang di-Pertuan Agong, rulers, or governors, with little transparency in the review process, raising concerns about prolonged imprisonment and lack of due process. 

Worryingly, these individuals sentenced as children have been excluded from resentencing under the Resentencing Act 2023, leaving them trapped in a system that contradicts Malaysia’s commitments to juvenile justice reform and human rights. should abolish indefinite detention for juvenile offenders, review these cases under Malaysia’s 2023 legal reforms, and adopt rehabilitative justice models in line with the principle of the best interests of the child and international best practices.

Prospects for Reform: Our Continuing Call

While Malaysia’s criminal justice reforms signal significant progress, true justice requires a holistic and rights-based approach that extends beyond death penalty abolition to broader systemic reforms. We remain committed to working alongside civil society, legal practitioners, and policymakers to advocate for a fair, humane, and just criminal justice system

[1] First Meeting of the Fourth Session of the Fifteenth Parliament, 2025 (3 February – 6 March 2025), Question No. 1–721 

[2] Martin Carvalho, Rahimy Rahim, and Tarrence Tan, “Over 1,000 Inmates on Death Row May Be Spared the Gallows Following New Law,” The Star, April 3, 2023, https://www.thestar.com.my

[3]  ‘Mapping of Women on Death Row’, Report, World Coalition Against the Death Penalty, August 2023, p16, https://worldcoalition.org/wp-content/uploads/2023/08/ENG_Country-Mapping-report_Women-on-Death-Row.pdf

[4]  ‘Mapping of Women on Death Row’, Report, World Coalition Against the Death Penalty, August 2023, p16, https://worldcoalition.org/wp-content/uploads/2023/08/ENG_Country-Mapping-report_Women-on-Death-Row.pdf

[5] Cornell Center on the Death Penalty Worldwide, Judged for More Than Her Crime: A Global Overview of Women Facing the Death Penalty, (September 2018), https://deathpenaltyworldwide.org/publication/judged-more-than-her-crime/

[6] First Meeting of the Fourth Session of the Fifteenth Parliament, 2025 (3 February – 6 March 2025), Question No. 1–721 

[7] Amnesty International, Fatally Flawed: Why Malaysia Must Abolish the Death Penalty, 2019, p. 5

[8]  First Meeting of the Fourth Session of the Fifteenth Parliament, 2025 (3 February – 6 March 2025), Question No. 1–721

[9]  Article 6(2) of the International Covenant on Civil and Political Rights; Safeguard No.1 of the UN Safeguards guaranteeing protection of the rights of those facing the death penalty, adopted through UN Economic and Social Council resolution 1984/50.

[10] United Nations Office on Drugs and Crime (UNODC), ‘Statement Attributable to the UNODC Spokesperson on the Use of the Death Penalty’ (Press Release, 27 June 2019) https://www.unodc.org/unodc/en/press/releases/2019/June/statement-attributable-to-the-unodc-spokesperson-on-the-use-of-the-death-penalty.html

[11]  Report of the International Narcotics Control Board for 2021, UN DOC. E/INCB/2021/1, para. 96.

[12] United Nations Office on Drugs and Crime (UNODC), ‘Statement Attributable to the UNODC Spokesperson on the Use of the Death Penalty’ (Press Release, 27 June 2019) https://www.unodc.org/unodc/en/press/releases/2019/June/statement-attributable-to-the-unodc-spokesperson-on-the-use-of-the-death-penalty.html

[13] Section 97(2) Child Act 2001

[14] Malaysia, House of Representatives, Response by the Minister of Home Affairs to Question No. 552 by Tuan Chow Yu Hui (Raub) during the First Meeting, Fourth Session, Fifteenth Parliament, January 22, 2025, Notice of Question in the House of Representatives

 

 

Download PDF

[Joint Statement] Enforced Disappearances in Bangladesh: Government must hold perpetrators accountable, ensure justice and reparation for victims, survivors, and their families

Exec Adpan

[Joint Statement] Enforced Disappearances in Bangladesh: Government must hold perpetrators accountable, ensure justice and reparation for victims, survivors, and their families

August 29, 2024, Statements

Bangkok/ Dhaka/ Geneva/ Manila/ Melbourne/ Paris/ Washington, D.C.; (29 August 2024) – In commemoration of the International Day of the Victims of Enforced Disappearances on 30 August, we–the undersigned organisations–express solidarity with the families of the disappeared in Bangladesh and across the world. 

Under the deposed Sheikh Hasina administration, Bangladeshi law enforcement agencies and security forces systematically committed enforced disappearances. 

Enforced disappearances were used to suppress political opposition, silence dissent, and create a climate of fear in the country. In the past decade, families of those who had been subjected to enforced disappearance were systematically denied legal redress. 

Secret Detention Centres

As human rights defenders and families have pointed out, victims of enforced disappearance were detained in secret detention centres like the Aynaghar (The House of Mirrors), which is reportedly located in Dhaka Cantonment and operated by the Directorate General of Forces Intelligence (DGFI), the intelligence agency of the Bangladesh Armed Forces. Other victims were held in similar detention centres across the country operated by the Rapid Action Battalion (RAB) and the Detective Branch of the police. 

The recent release of three disappeared victims from the Aynaghar after years of arbitrary and incommunicado detention only confirms the long-denied allegations of enforced disappearances committed under the deposed Hasina administration.

In December 2021, the US imposed sanctions on the RAB and several of its officers due to serious human rights violations.  Shortly after, incidents of enforced disappearance somewhat declined. Most victims who have only disappeared for short periods resurfaced and were subsequently arrested on various criminal charges. However, in July 2024, Bangladesh witnessed a new worrying pattern of enforced disappearances. During the initial stages of the student-led quota reform movement, many student protesters were subjected to brief disappearances.

According to data collected by Odhikar, between January 2009 and June 2024, 709 people were subjected to enforced disappearances by Bangladeshi law enforcement agencies and security forces. Among them, 467 were surfaced alive and/or produced in court. Meanwhile, 83 victims were found dead, with some of them allegedly caught in “crossfire” with security forces. To date, 155 people remain missing. 

In Bangladesh, victims of enforced disappearances mostly include academics, journalists, dissenting voices, and political activists belonging to the opposition. Odhikar’s data show that majority of enforced disappearances were committed by the RAB, the Detective Branch of the police, and intelligence agencies.

Call to action

We welcome the interim government’s decision to form a Commission of Inquiry to conduct a thorough, independent, and impartial investigation into allegations of enforced disappearances in Bangladesh. We expect the Commission to publish its findings and recommendations with utmost transparency. 

We urge the interim government to immediately and unconditionally release all persons who may still be held in illegal secret detention centres.

We also call on the interim government to extend a standing invitation to all Special Procedures of the United Nations Human Rights Council. Likewise, the interim government should facilitate the official country visit of the UN Working Group on Enforced or Involuntary Disappearances.

In addition, we urge the government to become a state party to the International Convention for the Protection of all Persons from Enforced Disappearance. The interim government must immediately enact a domestic law that criminalises enforced disappearances and recognises the mandate of the UN Committee on Enforced Disappearances.

The interim government should take concrete steps to hold perpetrators of enforced disappearances to account. No perpetrator shall be exempted from the rule of law, including law enforcement agencies and especially those with command responsibilities.

Last but not the least, the interim government should strive to promptly deliver justice and reparation to all victims and survivors–including their families and loved ones–of enforced disappearances. 

Organisations signed:

  1. Anti-Death Penalty Asia Network
  2. Asian Federation Against Involuntary Disappearances
  3. Asian Forum for Human Rights and Development
  4. Capital Punishment Justice Project
  5. International Coalition Against Enforced Disappearances
  6. International Federation for Human Rights
  7. Maayer Daak 
  8. Odhikar
  9. Robert F. Kennedy Human Rights
  10. World Organisation Against Torture 
View Source

68 Organisations Declare Support for “No Death Penalty Tuesdays” Abolitionist Movement in Iran

Exec Adpan

68 Organisations Declare Support for “No Death Penalty Tuesdays” Abolitionist Movement in Iran

August 28, 2024, Statements

Iran Human Rights (IHRNGO); August 28, 2024: Iran Human Rights and 67 human rights  organisations from four continents have signed a joint statement in support and solidarity with the “No Death Penalty Tuesdays” weekly hunger strikes in Iranian prisons. In the statement, they call for “an immediate halt on all executions with a view to abolish the death penalty in Iran and urge the international community to support the growing abolition movement in Iran.”

IHRNGO Director, Mahmood Amiry-Moghaddam said: “The resilience of prisoners fighting against the death penalty in Iran has impressed and inspired the abolitionist movement worldwide. Our message to these courageous individuals is that we have heard your voices and will stand with you until this inhumane punishment is abolished.”

Zartosht Ahmadi Ragheb, Loghman Aminpour, Meisam Dahbanzadeh, Jafar Ebrahimi, Sepehr Emam Jomeh, Ahmadreza Haeri, Reza Mohammad Hossseini, Saeed Masouri, Reza Salmanzadeh and Hamzeh Savari, ten political prisoners held in Karaj’s Ghezelhesar Prison, began the weekly hunger strike on 30 January 2024 in response to weekly group executions. Inspired by a hunger strike by death row prisoners at the prison, they named their weekly hunger strikes “Black Tuesdays” which later became known as “No Death Penalty Tuesdays.” This collective movement behind bars, which is in its 31st week, has reached 17 other prisons across Iran.

According to Iran Human Rights reports, at least 396 people have been executed in Iran as of 26 August 2024.

Download the Statement 

In support and solidarity with “No Death Penalty Tuesdays” abolitionist movement in Iran

Every six hours, one person was executed in Iranian prisons in the first 20 days of August. Execution numbers have been rising every year since 2021, with at least 834 people executed in 2023, and 395 executions recorded by Iran Human Rights as of 26th August 2024. Drug-related executions remain the charges that account for more than half of the executions in Iran. Marginalised groups of society and ethnic minorities, in particular the Kurdish and Baluch, are overrepresented among those executed.

The Islamic Republic uses the death penalty as a tool of political repression and death sentences are issued after unfair trials without the minimal standards of due process.  

After bearing witness to months of weekly group executions in Karaj and the execution of several political prisoners in January 2024, a group of brave political prisoners* in Ghezelhesar Prison in Karaj staged a protest which was violently suppressed. The diverse group of political prisoners from different backgrounds and beliefs thus began a weekly hunger strike on 30th January that became known as “Black Tuesdays” and “No Death Penalty Tuesdays.” They chose Tuesdays for that is the day death row inmates are typically transferred to solitary confinement in preparation for the gallows in Ghezelhesar Prison.

The weekly mass hunger strikes are now in their 31st week and the movement has spread to 17 other prisons across Iran. The participants remain resolute in their demands against the death penalty despite violent crackdowns.

We, the undersigned organisations, declare our solidarity and support for the “No Death Penalty Tuesdays” movement in Iranian prisons. We call for an immediate halt on all executions with a view to abolish the death penalty in Iran and urge the international community to support the growing abolition movement in Iran.

* The “No Death Penalty Tuesdays” hunger strikes were started by Ghezelhesar political prisoners Zartosht Ahmadi Ragheb, Loghman Aminpour, Meisam Dahbanzadeh, Jafar Ebrahimi, Sepehr Emam Jomeh, Ahmadreza Haeri, Reza Mohammad Hosseini, Saeed Masouri, Reza Salmanzadeh and Hamzeh Savari in alphabetical order. 

Signatories:

  1. Iran Human Rights (IHRNGO)
  2. World Coalition Against the Death Penalty (WCADP)
  3. Impact Iran
  4. Together Against the Death Penalty (ECPM)
  5. Defenders of Human Rights Center (Shirin Ebadi)
  6. Harm Reduction International
  7. World Organisation Against Torture (OMCT)
  8. Federation for Human Rights (FIDH)
  9. Anti-Death Penalty Asia Network (ADPAN)
  10. International Bar Association’s Human Rights Institute 
  11. Justice for Iran
  12. 6Rang (Iranian Lesbian and Transgender Network) 
  13. Kurdistan Human Rights Association-Geneva (KMMK-G) 
  14. International Educational Development, Inc (IED)
  15. Abdorrahman Boroumand Center for Human Rights in Iran
  16. Kurdistan Human Rights Network
  17. Haal Vsh
  18. Center for Human Rights in Iran
  19. Balochistan Human Right group
  20. Rasank
  21. Iran Human Rights Documentation Center
  22. United for Iran
  23. Kurdpa Human Rights Organization
  24. HANA Human Rights Organization
  25. Siamak Pourzand Foundation
  26. Ahwaz Human Rights Organisation
  27. Baloch Activists Campaign
  28. Association for the human rights of the Azerbaijani people in Iran (Ahraz)
  29. Hengaw Organization for Human Rights
  30. Hands off Cain
  31. The Advocates for Human Rights, USA
  32. ARTICLE 19
  33. Justice Project Pakistan
  34. European Saudi Organization for Human Rights (ESOHR)
  35. Odhikar, Bangladesh 
  36. Cornell Center on the Death Penalty, USA
  37. PEN America
  38. German Coalition to Abolish the Death Penalty (GCADP)
  39. The Italian Federation for Human Rights (FIDU) 
  40. Death Penalty Focus, USA
  41. The Christian Union for Progress and Human Rights, DRC
  42. Capital Punishment Justice Project, Australia
  43. Amnesty International (Group 205), Dallas
  44. Human Rights Dallas
  45. Southern Methodist University Human Rights Program, USA
  46. Transitional Justice Working Group (TJWG), South Korea
  47. Witness to Innocence, USA
  48. Human Rights Association (İnsan Hakları Derneği – İHD), Türkiye
  49. Redemption Pakistan 
  50. ACAT, Ghana
  51. French Collective Free Mumia, France
  52. Function 8, Singapore
  53. Lembaga Bantuan Hukum Masyarakat, Indonesia
  54. International Committee Against Execution (ICAE)
  55. Campaign to Free Political Prisoners in Iran (CFPPI)
  56. United Against Gender Apartheid 
  57. Global Campaign to Stop Executions In Iran
  58. All Human Rights for All in Iran
  59. Defence of Human Rights in Iran (LDDHI) 
  60. Iranian Citizens’ Initiative Saar (IRBIS)
  61. Parsi Law Collective
  62. NIKA, Network of Iranians for Liberty and Democracy 
  63. Iranian’s Socio-Cultural Center of Quebec Simorgh
  64. Global Network to Free Political Prisoners in Iran
  65. Free Iran Switzerland
  66. Solidarity with the women’s revolution of Freedom Life Frankfurt Mainz and Wiesbaden
  67. Alliance for Freedom, Washington DC
  68. Iranian Medical Society for Human Rights and Democracy (Berlin MED)
View Source

Inquiry into Australia’s efforts to advocate for the worldwide abolition of the death penalty

Exec Adpan

Inquiry into Australia's efforts to advocate for the worldwide abolition of the death penalty

August 21, 2024, Statements

Executive Summary:

  1. The submitting organisations thank the Human Rights Subcommittee (the Subcommittee) of the Joint Standing Committee on Foreign Affairs, Defence and Trade (the Committee) for undertaking this inquiry into Australia’s efforts to advocate for the worldwide abolition of the death penalty, and for the opportunity to make a submission.

  2. Australia’s stance on the death penalty has progressively consolidated over time as an abolitionist state.1 Since the previous inquiry on this topic was held across 2015-16, the Australian Government has worked towards realising the commitment that ‘Australia will be a leader in efforts to end use of the death penalty worldwide,’ which was made in June 2018 in Australia’s Strategy for Abolition of the Death Penalty (the 2018 Strategy).2

  3. Australia should rightly be proud of the 2018 Strategy and our efforts to realise its intent. Geographically located in a region where a significant number of states retain the death penalty, our leadership on this issue matters and we should use ‘all the avenues available to us’ to pursue the universal abolition of the death penalty.3 Crucially, the 2018 Strategy has always had bipartisan support from both major political parties, meaning it has endured through changes in government.

  4. This submission reviews the Australian Government’s progress against the recommendations of the previous inquiry and highlights opportunities for improvement to ensure Australia’s consistency as an abolitionist nation and leader in global efforts to end capital punishment.

  5. Having formalised Australia’s opposition to the death penalty in a strong policy document that has been operational for over six years, the commitment to preventing this brutal punishment needs to be reflected in the actions of all levels of government, including in the rules that determine how they act.

  6. Issues that were raised at the time of the previous inquiry remain problematic, such as concerns about extradition requests and that authorities, including the Australian Federal Police, may be assisting authorities in retentionist countries in a manner that contributes to prosecutions resulting in the death penalty. This is something we believe must change and that we have persistently raised in our advocacy to the Australian Government.

  7. Through our work assisting people here in Australia to help family or friends facing the death penalty overseas, we know that many face the same challenges of identifying local lawyers with expertise in such cases, securing timely funding to pay legal costs and determining if and how they can help a loved one who is detained and may never come home.

  8. We urge the Subcommittee to take the opportunity afforded by this inquiry to make recommendations that will properly address these issues.

View Source

Criminalize extrajudicial killing, and charge law enforcement officers involved in the killing in Court, for it is Court that decides guilt and whether any defence including self defence will succeed

Exec Adpan

Criminalize extrajudicial killing, and charge law enforcement officers involved in the killing in Court, for it is Court that decides guilt and whether any defence including self defence will succeed

August 19, 2024, Statements

We, the 16 undersigned groups and organizations is appalled at yet another extrajudicial killing by Malaysian police that happened on 13/8/2024(The Sun), whereby immediately after that the public is fed with the police version of what happened in an attempt to absolve the police from guilt, and with allegations that the deceased was a ‘bad person’. Was there even sufficient time for the police to conduct a proper investigation into the killing? Were the police officers in uniform or in a easily identifiable police vehicle?

In cases of extrajudicial killing, it is the police that caused the killing who should be investigated for the crime of murder and culpable homicide, not the deceased.

However, it must be noted that there have been several cases in Malaysia, where the police version of what happened was found to be LIES.

Police Version Of What Happened Found To Be False

The High Court in Ipoh on 1/2/2024 set aside an open verdict delivered in an inquest involving a police shooting in Sitiawan, Perak nearly eight years ago, and ruled it to be a homicide. “This court, under the Chief Justice’s Direction No 2 of 2019, makes a finding of homicide against the police,” he[Judicial commissioner Moses Susayan] said..’ The police and prosecution version were that Mohan got out of the vehicle and fired at the policemen, forcing them to shoot back. However, there were ‘…no bullet casing from the purported revolver used by Mohan was found. Neither were fingerprints, DNA or gunshot residue found on the alleged gun or the deceased. The Inspector-General’s Standing Orders that requires police to fire warning shots and to shoot at the leg was probably not followed. (FMT)

On 31/5/2023 that the coroner’s court, presided by Coroner Rasyihah Ghazali, for ‘police shooting that resulted in death of 3, ‘…. concluded that there was abuse of power and elements of a criminal nature in the death of three men who were shot at close range by police three years ago. “The shots were not fired in self-defense. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,”… She said police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle. … “The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” (FMT, 31/5/2023)

We sadly note that there has been no news about the said police personnel found criminally liable for the killing being investigated and/or charged in the courts, despite the findings of the Coroner and/or the Court.

End Perception that Malaysia Protects Law Enforcement Who Broke the Law

The perception that Malaysia protects police and law enforcement officers from criminal prosecution must end. This is not a matter to be dealt with through internal disciplinary actions – but requires the suspected police officers to be charged and tried in Court.

Sadly, in most of these extrajudicial killings, we do not hear about the findings of the Independent Coroner, who is legally the person who will enquire and determine the cause of death, including whether any person, including the police, was criminally liable for the death. Hence, we only have the police version of what happened issued hours after the killing.

The Home Minister must disclose the findings of the Coroner’s Inquiry of all cases of extrajudicial killing by law enforcement. He must explain why the police have not been charged in court for the crime of killing. Whether, the police’s defence of ‘self defence’ will succeed is something for the Court to decide – not the police, the prosecution, the Minister or the government of the day.

Coroner must investigate immediately, and decide fast

In cases of police killing that we hear about the Coroner’s findings, it is simply too long after the said killing occurred. In cases of extrajudicial killings and deaths in custody of law enforcement, Coroners must speedily inquire into the death and render a decision as fast as possible, preferably within a month, not after years. Coroners must not only rely on the police for evidence, but also do their own independent investigations as the police do ‘lie’ at times to maybe protect their own officers.

Police are the suspects – not the deceased

In extrajudicial killings, the suspects of the crime is the POLICE, not the deceased. It is the police suspects that need to be investigated, and not the deceased. It was odd, that a media report stated that the police had commenced an investigation ‘…under the Penal Code for attempted murder’. Are they investigating the deceased, for if they are investigating the police, it should be an investigation for murder, not attempted murder since the victim died. (NST, 13/8/2024)

Extrajudicial Killings Must Be Criminalized – An offence and a deterrent penalty

Extrajudicial, summary or arbitrary executions – is the deliberate killing of individuals outside of any legal framework – are a violation of this most fundamental right. In Malaysia, the Federal Constitution acknowledges the right to life, and in Article 5(1) states that ‘No person shall be deprived of his life …. save in accordance with law’ and this means that the State or its officers can generally only kill someone after he has been tried, convicted and sentenced to death. When it comes to the police, their duty is merely to arrest and investigate suspects – not kill them.

Malaysian law, on arrest is very clear and right to kill is limited to persons who have already been charged in court, being the time, a suspect becomes an accused, for an offence that carries the death penalty or sentence of imprisonment of 30 years or more.

Section 15 of the Criminal Procedure Code, amongst others, state that ‘…(2) If such person forcibly resist the endeavour to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for a term of not less than thirty years but not exceeding forty years or with imprisonment for life.’

In all the known cases, those that end up being shot dead are certainly not accused persons facing trial for such serious offences.

Malaysia must enact a law making extra-judicial killing by law enforcement a crime with a deterrent penalty, as the killers in these cases are public officers responsible for law enforcement, who should never ignore the law and kill suspects, witnesses or others during the performance of their duties. The fact that we have murder and other killing offences in the law is insufficient, and the criminalizing of extrajudicial killings also will indicate Malaysia’s strong position against such killings.

First response by Home Minister is to APOLOGIZE and ensure proper investigation

After anyone is killed whilst making arrest or in police custody, the Home Minister Saifuddin Nasution Ismail first response should be to apologize for the death of any suspect. No one during arrest, custody and investigations by law enforcement should die.

He should also commit to an immediate independent investigation and for a speedy Coroner’s inquiry to determine the truth of what really happened. Was there any acceptable legal defence for the killing of persons by the police? In any case, the police personnel involved should be investigated and charged, and it is up to the Court to determine whether any defence, including self-defence will succeed in avoiding conviction.

The Minister is responsible for the police, but that does not translate that he should always come out in defence of police actions and/or ‘justifying’ possible criminal wrongdoings, trusting the police version of the facts.

On the face of it, the police broke the law when they failed to arrest a suspect alive.

Hence, as Minister responsible, he must come out expressing his remorse for what happened, and commit to a thorough investigation to determine the truth. He must also make sure that the police do not try to prematurely justify killings on the basis that the deceased was a ‘bad person’. He must leave the determination of guilt to the Courts.

It is not for the police to decide whether one is a criminal or not, or whether they deceive the death sentence. They are not ‘judge, jury and executioner’ – the police is NOT ‘a person or group who has unchecked power to make decisions, impose punishments, and carry out those punishments without due process or oversight.’

Therefore, we call

Call for the criminalization of extrajudicial killing, making it a crime with a deterrent penalty;

Call on Malaysia to adopt the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, as rrecommended by the United Nation’s Economic and Social Council resolution 1989/65 of 24 May 1989, which, amongst others, state that ‘Governments shall prohibit by law all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws, and are punishable by appropriate penalties which take into account the seriousness of such offences…’

Call on the Home Minister to disclose findings of the Coroner in all cases of extra-judicial killings in Malaysia, and explain why the said police officers or law enforcement personnel have NOT been charged and tried in Court for the said killings.

Call on Malaysia to end the ‘defamation’ of the dead, as an attempt to ‘justify’ the killings by law enforcement.

Call for the police officers responsible for the death of suspects and others be charged and tried in Court, for it is Court only that determines guilt, and whether any defence for the said crime including self-defence is accepted.

Charles Hector
Ng Yap Hwa

For and on behalf of the 16 groups listed below

  • ALIRAN
  • MADPET (Malaysians Against Death Penalty and Torture)
  • Teoh Beng Hock Association for Democratic Advancement
  • WH4C (Workers Hub For Change)
  • Anti-Death Penalty Asia Network (ADPAN)
  • Association Of Home And Maquila Workers (ATRAHDOM), Guatemala
  • Banglar Manabadhikar Suraksha Mancha (MASUM), India
  • Citizens Against Enforced Disappearances (CAGED)
  • Democratic Commission for Human Development, Lahore, Pakistan
  • Global Women’s Strike, United Kingdom
  • Legal Action for Women, United Kingdom
  • Programme Against Custodial Torture & Impunity (PACTI), India
  • Redemption, Pakistan
  • Sabah Timber Industry Employees Union (STIEU)
  • Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
  • Yaung Chi Oo Workers’ Association (YCOWA)





Criminalize extrajudicial killing, and charge law enforcement officers involved in the killing in Court, for it is Court that decides guilt and whether any defence including self defence will succeed
View Source

India: Release Khurram Parvez Kashmiri human rights defender arbitrarily detained for 1,000 days

Exec Adpan

India: Release Khurram Parvez Kashmiri human rights defender arbitrarily detained for 1,000 days

August 19, 2024, Statements

Indian authorities have arbitrarily detained Kashmiri human rights defender Khurram Parvez for over 1,000 days.  Khurram remains incarcerated in a maximum-security prison in Delhi, India, in reprisal for his vital and commendable human rights work.  We, the undersigned organisations, call once again for his immediate and unconditional release. We further demand an end to the Indian authorities’ relentless repression targeting Kashmiri human rights defenders, journalists, scholars and dissidents.

Khurram is the Program Coordinator of the Jammu Kashmir Coalition of Civil Society (JKCCS), a civil society organisation in Indian-administered Kashmir that has, due to repression, ceased to operate.  He is also the Deputy Secretary-General of the International Federation for Human Rights (FIDH) and the Chairperson of the Asian Federation against Involuntary Disappearances (AFAD). His longstanding human rights work has earned him widespread international recognition, including the Martin Ennals Award (2023) and the Reebok Human Rights Award (2006).  

Khurram was arrested on November 22, 2021, by India’s counter-terrorism authority, the National Investigation Agency (NIA), on politically-motivated charges including “waging, or attempting to wage war, or abetting waging of war, against the government of India” as an act of reprisal for his human rights work.  While imprisoned, Indian authorities arrested him again in March 2023 in a separate case on false charges of “terror financing” along with journalist and human rights defender Irfan Mehraj (who also remains arbitrarily detained in a maximum-security  prison, now for over 500 days).  Khurram had been imprisoned by Indian authorities previously and also been harassed and targeted by Indian authorities for years.  In September 2016, he was prevented from attending the United Nations Human Rights Council and arbitrarily detained for 76 days.  

Khurram’s continued arbitrary detention is emblematic of the Indian authorities’ escalating crackdown on human rights and civic space in Indian-administered Kashmir, including on the rights to freedom of expression and association. The ongoing crackdown by the Indian authorities is part of a wider pattern of human rights violations, often committed with impunity. The specific escalation targeting Kashmiri human rights defenders and journalists illustrated by Khurram’s and Irfan’s cases has shown that Indian authorities continue to commit grave and systematic violations with minimal scrutiny.  

There has been widespread condemnation of the Indian authorities’ persecution of Khurram and Irfan, including by United Nations human rights experts and international civil society. The Indian government, however, has continued to respond with further violations and repression, labelling and prosecuting human rights defenders and journalists as terrorists. We demand that Indian authorities immediately and unconditionally release Khurram and Irfan, drop all charges against them and end the pattern of targeting of Kashmiri human rights defenders, journalists, scholars and dissidents. Indian authorities must immediately comply with their international legal obligations, including by allowing civil society to freely operate in Indian-administered Kashmir, and cease their longstanding obstruction of international civil society and inter-governmental organisations, including the Office of the High Commissioner for Human Rights (OHCHR), UN Special Procedures and other human rights mechanisms, which should have unfettered access to Indian-administered Kashmir and Kashmiri detainees. The Indian government must halt its continuous crackdown and repression, while also guaranteeing transparent, independent and full accountability for human rights violations.   The international community, especially the Member States of the UN, should urge the Indian government, both bilaterally and publicly, to stop criminalizing the defense of human rights in Indian-administered Kashmir.

—————

Signed:  

  • Anti-Death Penalty Asia Network (ADPAN)
  • Asian Federation Against Involuntary Disappearances (AFAD)
  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • CIVICUS: World Alliance for Citizen Participation
  • FIDH (International Federation for Human Rights), in the framework of the Observatory for the Protection of Human Rights Defenders
  • Kashmir Law and Justice Project
  • World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
Statement_Khurram_Parvez_1000_Days_August_2024_v.5.docx
View Source

ADPAN stands in solidarity with the freedom-loving people of Bangladesh and congratulates Adilur Rahman Khan in his new role in the interim Bangladesh government

Exec Adpan

ADPAN stands in solidarity with the freedom-loving people of Bangladesh and congratulates Adilur Rahman Khan in his new role in the interim Bangladesh government

August 09, 2024, Statements

Kuala Lumpur, Malaysia, 9 August 2024 – ADPAN, a network of organizations and individuals in 22 countries working to abolish the death penalty in Asia-Pacific, expresses unwavering solidarity with the freedom-loving people of Bangladesh in their ongoing struggle for justice and human rights, and welcomes Adilur Rahman Khan’s appointment as adviser to the interim government of Bangladesh.

Adilur Rahman Khan, a human rights lawyer and activist, has been an active member of the executive committee of ADPAN, and ADPAN assures him of its full support and cooperation in his efforts to ensure justice and accountability in the country as he steps into his new role.

 

ADPAN remains steadfast in its mission to abolish the death penalty and looks forward to working with the future Governments in Bangladesh in making this vision a reality.

About ADPAN:

The Anti-Death Penalty Asia Network (ADPAN) is a regional network of organizations and individuals committed to working towards abolition of the death penalty in the Asia-Pacific. Our role is to create wider societal support for abolition of the death penalty in the Asia-Pacific region through advocacy, education and network building. ADPAN is a growing, independent network with members in 22 Asia-Pacific countries.

Contact Information:

View Source

Re: Open Letter with Urgent Action Required regarding the Condemnation of Bangladesh Government’s Brutal Crackdown and Manipulation Efforts

Exec Adpan

Re: Open Letter with Urgent Action Required regarding the Condemnation of Bangladesh Government's Brutal Crackdown and Manipulation Efforts

August 05 2024, Statements

We, the undersigned, urgently bring to your attention a disturbing development concerning the  Government of Bangladesh. An email dated 25 July 2024, sent by the Government to its overseas  embassies, instructs them to counter the current narrative regarding the situation in Bangladesh.  This communication seeks to manipulate host governments and media outlets, mitigate negative  portrayals, and exploit favourable diaspora to distort public perception. 

We vehemently condemn the Bangladesh Government’s brazen attempts to spread misinformation  and fabricate narratives about the situation in the country. These actions are a deliberate effort to  obscure the truth and prevent the real picture from being exposed. This communication from the  Bangladesh Government is nothing short of foreign interference and transnational repression. Such  actions are intolerable and violate the core principles of free speech and democratic engagement. 

The protests broke out on 1 July 2024, quickly spreading across universities in Bangladesh.  Students were demanding the repeal of the quota system reinstated by the High Court on June 5,  2024, which reserved 30% of first and second-class government jobs for descendants of 1971  freedom fighters. Although the system was abolished in 2018 after widespread protests, its  reinstatement prompted a new wave of demonstrations, with students calling it discriminatory and  demanding its cancellation. 

The protesting students were met with a brutal crackdown and unprecedented violence,  highlighting the Awami League government’s continued pattern of violent repression against  peaceful assembly and dissent. Over 200 protestors have been killed, 9000 arrested, and countless  others severely injured. Security forces, including police and military, have resorted to extreme  measures and a shoot-to-kill approach, as evidenced by firing bird shots and pellets at close range,  using tear gas in enclosed spaces, and conducting overnight abductions. Videos verified by  Amnesty International show officers dragging injured protesters and failing to provide medical aid. 

These actions have caused severe injuries and permanent disabilities. The use of armed forces  against unarmed civilians is a gross abuse of power and a violation of international norms. 

On July 21, 2024, the Supreme Court scrapped most quotas, but students in Bangladesh have  expanded their protests. They now demand a public apology and acceptance of responsibility from  Prime Minister Sheikh Hasina, the resignation of key ministers and university officials, and a ban  on the Bangladesh Chhatra League from student politics, among other demands. They vow to  continue protesting until these demands are met. 

The witch hunt against protest leaders and participants has intensified, with overnight abductions  and arbitrary arrests of student human rights defenders. The government is relentless in silencing  and punishing those demanding justice and reform, with alarming reports of torture and ill treatment of detainees. 

The situation has been further exacerbated by the government-imposed Internet shutdown, which  lasted for 11 days. Not only the Internet and mobile services are cut off, online media are  inaccessible. The Internet is still slowed while restrictions persist on social media platforms and  two online media that were based outside Bangladesh: Netra News and Bangla Outlook could not  be accessed from inside Bangladesh. This deliberate action has severely limited communication  and access to information. Such measures are clear attempts to limit freedom of expression,  freedom of press, and digital rights, and control the narrative by cutting off the population from  the outside world. This is an egregious assault on freedom of information and a desperate bid to  hide the government’s crimes. 

Journalists have been targeted in this violent crackdown. At least 30 reporters have been attacked,  and at least three journalists have been killed while covering the protests. This assault on press  freedom is a direct attack on democracy and must be condemned in the strongest terms. 

The role of the military and police along with vigilante groups such as the Bangladesh Chhatra  League, in perpetuating this violence is undeniable and reprehensible. Soldiers have been  deployed on the streets, tanks stationed across Dhaka, and curfews imposed to crush the protests.  The government’s response, marked by abductions, severe beatings, and impunity for state-aligned  vigilantes, showcases a regime willing to go to any lengths to desperately cling to power. The use of armed forces against unarmed civilians is a gross abuse of power and a violation of international  norms. 

We echo the urgent calls from United Nations experts, including Human Rights Chief Volker Turk  and Special Rapporteur Irene Khan, for an impartial, independent, and transparent investigation  into the alleged human rights violations during the crackdown on protesters. The government’s  handling of the mass protests, marked by significant casualties and widespread arrests, must be  scrutinized without delay. 

We demand that embassies and international bodies take immediate action as outlined below: 

  1. Call on the Bangladesh Government to immediately halt all killings and other forms of  violence against protesters. 
  2. Immediately advocate for and support an international commission of inquiry, established  by the UN Human Rights Council, for an impartial, independent, and transparent  investigation into the human rights violations. 
  3. Resist any and all pressures from the Bangladesh Government to alter the narrative and  ensure that accurate and truthful information is disseminated. 
  4. Urgently support secure platforms for documenting and submitting evidence of human  rights abuses. 
  5. Work tirelessly to hold those responsible for human rights violations accountable through  appropriate legal and diplomatic channels. 
  6. Demand the immediate restoration of full internet access and the lifting of all restrictions  on social media platforms and online news outlets to ensure the free flow of information. 7. Strongly condemn the use of military and police forces against unarmed civilians and  demand the immediate demilitarization of the response to peaceful protests. 8. Stand in solidarity with the people of Bangladesh who are courageously fighting for justice  and democratic reform. 

The international community must remain vigilant against the Bangladesh Government’s egregious  attempts to manipulate the narrative. We must collectively ensure that accurate information  prevails, and the voices of those fighting for justice and reform in Bangladesh are heard and supported. We urge all concerned parties to decisively reject misinformation and uphold the  principles of transparency, accountability, human rights and the rule of law. 

Sincerely, 

Signature Organizations (Alphabetical Order as of August 4, 2024) 

  1. Advocacy Forum-Nepal 
  2. Alliance of Independent Journalists (AJI) Indonesia 
  3. Anti-Death Penalty Asia Network (ADPAN) 
  4. Asean Youth Forum (AYF) 
  5. Asia Dalit Rights Forum (ADRF) 
  6. Asia Democracy Network 
  7. Asian Forum for Human Rights and Development (FORUM-ASIA) 
  8. Asian Muslim Action Network (AMAN Indonesia). 
  9. Asian Network for Free Elections (ANFREL) 
  10. Asociación Pro Búsqueda de Niñas y Niños Desaparecidos – El Salvador 
  11. Association of Parents and Family Members of the Disappeared (AFMD)-Sri Lanka
  12. Association of Women for Awareness and Motivation (AWAM) 
  13. Balaod Mindanaw 
  14. Bir Duino – Kyrgystan 
  15. Bytes for All, Pakistan 
  16. Cambodian Human Rights and Development Association (ADHOC Cambodia) Capital Punishment Justice Project, Australia 
  17. Citizens Alliance for North Korean Human Rights (NKHR), South Korea 
  18. Coalition for Equality – Kyrgyzstan 
  19. Conflict Victims’ Society for Justice, Nepal 
  20. Defence of Human Rights Pakistan (DHR) 
  21. Desaparecidos, Philippines 
  22. Families of the Disappeared (FOD) – Sri Lanka 
  23. Free Jonas Burgos Movement, Philippines 
  24. Global Partnership for the Prevention of Armed Conflict (GPPAC) / Initiative for  International Dialogue. (IID).
  25. Human Rights Hub, Sri Lanka 
  26. Human Rights Measurement Initiative (HRMI) 
  27. Human Rights Now (Japan) 
  28. Hustisya, Philippines 
  29. Indonesia Legal Aid and Human Rights Association (PBHI). 
  30.  Indonesia Legal Aid Foundation (YLBHI) 
  31. Indonesian Legal Aid and Human Rights Association (PBHI) 33. 
  32. Institute for Policy Research and Advocacy (ELSAM) Indonesia 34. 
  33. International Coalition Against Enforced Disappearances (ICAED) 
  34. International Legal Initiative Foundation, Kazakhstan 
  35. Jagriti Child and Youth Concern Nepal (JCYCN) 
  36. Karapatan Alliance, Philippines 
  37. Karnali Integrated Rural Development and Research Centre, Nepal 
  38. Kazakhstan International Bureau for Human Rights and Rule of Law 
  39. Law and Society Trust (LST) Sri Lanka 
  40. Legal Literacy-Nepal 
  41. Liga Guatemalteca de Higiene Mental, Guatemala 
  42. Madres de Plaza de Mayo – Linea Fundadora – Argentina.
  43. Migrant Forum in Asia (MFA) 
  44. National Commission for Justice and Peace, NCJP 
  45. Nonviolence International Canada 
  46. Philippine Alliance of Human Rights Advocates (PAHRA) 
  47. PIKAT Demokrasi, Indonesia 
  48. Public Association “Dignity”, Kazakhstan 
  49. Pusat Komas 
  50. South Asia Youth Network 
  51. Southeast Asia Freedom of Expression Network (SAFEnet), Indonesia 
  52. Sri Lanka Democracy Network. 
  53. Sydney Policy and Analysis Center 
  54. Task Force Detainees of the Philippines (TFD-P) 
  55. The Commission for the Disappeared and Victims of Violence (KontraS)
  56. The Globe International Center 
  57. Think Centre, Singapore 
  58. Torture Coalition and Survivors Support Coalition, Washington DC
  59. We Remember-Belarus 
  60. Women’s Rehabilitation Centre (WOREC), Nepal
Open letter
View Source

Joint Open Letter to the Minister of Justice of Malawi on the abolition of the death penalty

Exec Adpan

Joint Open Letter to the Minister of Justice of Malawi on the abolition of the death penalty

July 26 2024, Statements

Dear Minister of Justice, Honorable Titus Mvalo

Ahead of this joint letter, the World Coalition Against the Death Penalty would like to express its deepest condolences to the Government and people of Malawi for the passing of Vice President Mr. Saulos Chilima on 11 June 2024.

The World Coalition Against the Death Penalty is an alliance of more than 170 NGOs, bar associations, local authorities, and unions, whose aim is to strengthen the international dimension of the fight against the death penalty. The last few years have been marked by many advances in the abolitionist movement at the global level. This abolitionist momentum is particularly evident on the African continent. In recent years, fourteen African States have abolished the death penalty for all crimes: Rwanda in 2007, Togo and Burundi in 2009, Gabon in 2010, Benin in 2012, Congo and Madagascar in 2015, Guinea in 2016, Burkina Faso in 2018, Chad in 2020, Sierra Leone in 2021, and Central African Republic, Equatorial Guinea for ordinary crimes, and Zambia in 2022. In 2023, Ghana adopted a law to abolish the death penalty for ordinary crimes. Today, 27 out of 55 African Union Member States have abolished the death penalty in law and 15 States have a de jure or de facto moratorium on executions. 

The steps that the Republic of Malawi have recently taken in view of abolition of the death penalty have been commendable. In this regard, we at the World Coalition Against the Death Penalty note the progressive decision by His Excellency Dr. Lazarus Chakwera, President of the Republic, to commute all death sentences in Malawi to life imprisonment in 2022. We are further pleased to note that since His Excellency the President’s clearance of the death row through clemency, no Malawian court has sentenced anyone to death, ensuring that at the writing of this letter, Malawi’s death row remains empty.

The World Coalition Against the Death Penalty and 67 other co-signing organizations are impressed to note that in 2022, the Parliamentary Legal Affairs Committee organized public consultations on the use of the death penalty, resulting in an overwhelming majority supporting abolition. We understand that this extensive consultative process was followed by another nationwide enquiry on the same topic, led by the Minister of Justice in January of 2023. We note that the majority of the delegates to this public enquiry also supported your Ministry’s plans to abolish capital punishment in Malawi.

At the end of last year, the World Coalition Against the Death Penalty partnered with the non-governmental organization Reprieve and the Parliament of Malawi in a highly successful engagement involving the women’s caucus of Parliament. At this event, women law-makers in Malawi decisively endorsed abolition and pledged their support for an abolition bill if it were to be brought to Parliament. 

It is against this background that the World Coalition is certain that Malawi is ready to abolish capital punishment once and for all. Drawing on its observation of successful abolitionist movements across the African continent, that notably includes Zambia (who engaged in a learning-based exchange with Malawi officials in October 2023 on the importance of abolition), the World Coalition and its member organizations believe that the Malawian Government, through the Ministry of Justice, holds the key to abolition; initiating a government bill to abolish the death penalty.  

Taking decisive action on abolition will reaffirm Malawi’s position as a leader in the respect, protection, and promotion of human rights both in Africa and the world at large. Abolition will also go a long way towards securing Malawi’s place as a leader in criminal justice reform on the African continent and allow Malawi to join her neighbours who have led in the region on the abolition of the death penalty. Importantly, abolition at this time will also reflect well upon Malawi’s status as a member of the Human Rights Council and will cement the current Government’s legacy of commitment to the rule of law and the promotion of human rights. With the desire to build on this positive momentum towards abolition in Malawi, the World Coalition Against the Death Penalty and the following 67 cosigning organizations look forward to progress in your country’s next parliamentary session that may include a government bill to abolish the death penalty. 

Yours sincerely,

Matthew Goldberg 

President of the World Coalition Against the Death Penalty

LETTER CO-SIGNED BY:

  1. A World Without Chemical & Biological Weapons- WWW (Iraq- Kurdistan)
  2. Abolition Death Penalty of Iraq Organization (Iraq)
  3. Action by Christians for the Abolition of Torture Congo- ACAT (Congo)
  4. Action by Christians for the Abolition of Torture Germany- ACAT (Germany)
  5. Action by Christians for the Abolition of Torture Ghana- ACAT (Ghana)
  6. Anfal Story’s Organization (Iraq- Kurdistan)
  7. Anti-Death Penalty Asia Network- ADPAN
  8. Association of Defending the Anfal Victims & their Families (Iraq- Kurdistan)
  9. Catholic Commission for Justice and Peace (Malawi)
  10. Capital Punishment Justice Project- CPJP (Australia/ International)
  11. Center for Prisoners’ Rights- CPR (Japan)
  12. Centre d’Observation des Droits de l’homme et d’Assistance Sociale- CODHAS (DRC)
  13. Centre for Human Rights Education, Advice and Assistance (Malawi)
  14. Centre for Human Rights and Rehabilitation (Malawi)
  15. Children Education Society- CHESO (Tanzania)
  16. Coalition of Somali Human Rights Defenders- CSHRDS (Somalia)
  17. Communità du Sant’Egidio (International)
  18. Community of Sant’Egidio (Branch in Malawi)
  19. Congolese Coalition against the Death Penalty (Republic of the Congo)
  20. Cornell Center on Death Penalty Worldwide (USA/ International)
  21. Death Penalty Focus- DPA (USA)
  22. Ditshwanelo- The Botswana Centre for Human Rights (Botswana)
  23. Droits et Paix (Cameroon)
  24. Foundation for Human Rights Initiative- FHRI (Uganda)
  25. German Coalition to Abolish the Death Penalty- GCADP (Germany)
  26. Halabja Chemical Victim’s Society (Iraq- Kurdistan)
  27. Hope Behind Bars Africa (Nigeria)
  28. Human Rights Dallas (USA)
  29. Humanity Diaspo (France)
  30. International Association of Lawyers- UIA (International)
  31. Italian Federation for Human Rights- FIDU (Italy)
  32. Ivory Coast Human Rights League- LIDHO (Ivory Coast)
  33. Just Detention International- JDI-SA (South Africa)
  34. Kenya Human Rights Commission (Kenya)
  35. Kurdistan Without Genocide (Iraq- Kurdistan)
  36. Kurdpa Human Rights Organization (Iran)
  37. Kurdish Organizations Network Coalition for the International Criminal Court- KONCICC (Iraq- Kurdistan)
  38. Lembaga Bantuan Hukum Masyarakat- Community Legal Aid Institute (Indonesia)
  39. Life Campaign to Abolish the Death Sentence in Kurdistan (Iraq- Kurdistan)
  40. Manawa Organization for Martyrs & Anfal’s Inquiry (Iraq- Kurdistan)
  41. Network of Human Rights Organizations and Activists for the Abolition of the death penalty- RADHOMA (DRC)
  42. Burundi Prison Observatory- Observatoire Burundais des Prisons (Burundi)
  43. Organization Against Torture in Tunisia (Organisation contre la torture en Tunisie) (Tunisia)
  44. Organization Against Weapons of Mass Destruction in Kurdistan (Iraq- Kurdistan)
  45. Organization of Defending Mass Graves Victims’ Rights (Iraq- Kurdistan)
  46. Organization of the Justice Campaign (Iraq- Kurdistan)
  47. Paralegal Advisory Service Institute (Malawi)
  48. Paris Bar Association (France/ International)
  49. Parliamentarians for Global Action- PGA (International)
  50. Pax Christi Uvira absl (DRC)
  51. Penal Reform International- PRI (International)
  52. Prisoner’s Future Foundation- PFF (Zambia)
  53. Reprieve (International)
  54. Rescue Alternatives Liberia – RAL (Liberia)
  55. SALAM for Democracy and Human Rights (Bahrain)
  56. Southern Methodist University Human Rights Program (USA)
  57. Syndicat National des Agents de la Formation de l’Education du Niger- SYNAFEN (Niger)
  58. Transitional Justice Working Group- TJWG (South Korea)
  59. The Advocates for Human Rights (USA/ International)
  60. The International Bar Association’s Human Rights Institute- IBARHI (International)
  61. The Kenyan Section of the International Commission of Jurists (Kenya)
  62. Think Centre (Singapore)
  63. Together Against the Death Penalty- ECPM (France/ International)
  64. Topzawa: A Magazine Specialized in Genocide and Anfal Issues (Iraq- Kurdistan)
  65. Tunisian Coalition Against the Death Penalty (Tunisia)
  66. Youth and Society (Malawi)
  67. Witness to Innocence (USA)
Joint Open Letter to the Minister of Justice of Malawi on the abolition of the death penalty
View Source

BANGLADESH: Brutal Crackdowns on Student Protesters Resulting in Fatalities Warrant Accountability

Exec Adpan

BANGLADESH: Brutal Crackdowns on Student Protesters Resulting in Fatalities Warrant Accountability

July 19 2024, Statements

The undersigned human rights organizations express our serious concerns over ongoing, brutal crackdowns on protesters in Bangladesh by law enforcement agencies, security forces, and members of the ruling party. Students across the country are protesting against a system of quotas in the recruitment of public servants. The government of Bangladesh has deployed Police, Rapid Action Battalion (RAB), and Border Guards-Bangladesh (BGB) to quell the protests in major cities around the country. We urge the Government to immediately cease these crackdowns on student protests.

Credible information analyzed by human rights groups and media reports confirms that at least 33 people have been killed, including a journalist, since the protests commenced on 15 July, while scores were seriously injured. Law enforcement agencies and security forces have been seen driving armored personnel carriers (APCs), and local and international media have reported on the use of teargas, sound grenades, rubber and pellet bullets, and water cannons against protesters. Media reports indicate that members of the Bangladesh Chhatra League (BCL), the ruling party’s student wing, were seen beating protesters, including women students, with both blunt and sharp weapons and guns. The government has shut down universities and other educational institutions, with students ordered to vacate the dormitories.

Human rights defenders and journalists, who have requested anonymity for fear of reprisals, report that, as of late night on 18 July, joint forces comprising the Police, RAB, and BGB were conducting massive crackdowns across Dhaka and other cities with public universities. The government has reportedly shut down electricity and blacked out communications, including mobile phone networks and the internet, during these operations. Journalists were allegedly prevented from covering the violent actions of the security forces and law enforcement agencies. Members of the BCL wearing helmets and carrying weapons are reported to have entered the emergency units of hospitals to further attack injured protesters. The police have been accused of preventing ambulances from helping wounded students at the Jahangirnagar University on the outskirts of Dhaka. Bangladesh-based journalists have been forced to censor their reports of the gross abuses being carried out by the security forces. The police have registered several cases against named and un-named protesters, and large-scale arbitrary arrests and detention are going on while torture in custody is a norm of the law enforcement agencies in the country.

Bangladesh’s law enforcement agencies consistently disregard the United Nations’ Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The government of Bangladesh, under Prime Minister Sheikh Hasina, has established an ‘appalling and pervasive culture of impunity’ for gross human rights violations and a system of rewarding perpetrators. In the given context, victims of serious human rights violations are systematically deprived of access to justice. Bangladesh has consistently failed to hold perpetrators accountable for gross human rights violations over the past decade. 

This has created a de facto system of denial of justice in Bangladesh, which warrants the international community’s urgent attention to hold perpetrators accountable and demand that the Bangladeshi government comply with its international human rights obligations. There are growing concerns that members of the security forces and members of the Judiciary regularly enjoy the opportunity to join the UN Peacekeeping Operations. In light of such ongoing massive violations of human rights, personnel of security forces, law enforcement agencies, and the police should be banned from participating in the UN Peacekeeping Missions without a credible system of scrutiny.

We strongly call on the Bangladeshi government to immediately stop the crackdown on protests and instead engage in meaningful dialogue with the students and investigate the use of violence to stifle the demonstrations. Perpetrators should be held accountable through genuine and independent investigations. The international community, including the UN Department of Peace Operations, has a responsibility to ensure that the same forces that are committing crimes in Bangladesh do not join peacekeeping forces abroad.

Signed:

  • Robert F. Kennedy Human Rights
  • Capital Punishment Justice Project
  • Asian Federation Against Involuntary Disappearances
  • Eleos Justice, Monash University
  • Anti-Death Penalty Asia Network
BANGLADESH: Brutal Crackdowns on Student Protesters Resulting in Fatalities Warrant Accountability
Download PDF