ADPAN mentioned in mainstream media

‘Two wrongs don’t make a right’


  • Nation
  • Sunday, 04 Nov 2018

THIRTY-five people were hung to death in Malaysia for the crimes they committed over the past decade.

These numbers, as recorded by the Prisons Department, will end here.

With the Government determined to remove the death penalty, some hailed it as the more humane approach – upholding the right to life.

Others, however, feel the hangman’s noose is still needed to answer to the heinous crimes man is capable of.

Murder, rape resulting in death, drug trafficking and committing terrorism are examples of offences punishable by death.

With a moratorium imposed on the penalty, 1,281 death row inmates are spared.

But abolishing the death sentence doesn’t mean zero punishment, says Anti Death Penalty Asia Network (Adpan) executive committee member Ngeow Chow Ying.

“It is just not an appropriate sentence.

“The alternative is imprisonment and it has to be culpable to the crime,” she tells Sunday Star.

Last month, Minister in the Prime Minister’s Department Datuk Liew Vui Keong said those on death row will have their sentence commuted to imprisonment for life or life imprisonment.

Imprisonment for life means convicts will spend the rest of their lives in prison without any release date.

Life imprisonment requires them to be jailed for a minimum of 30 years.

Looking forward, Ngeow says the concern is to look into prison reform, jail sentences for serious crimes and what can be done to rehabilitate prisoners.

“After the death penalty is abolished, these are the issues that should be looked into.

“About 55,000 people are in prison now. But the criminal justice system isn’t supposed to lock them up and forget about it.

“Its purpose is to rehabilitate them and see if they can be reintegrated into society,” says Ngeow.

But she acknowledges the feelings of some victims and their families, who may want the death penalty as the means for justice to be served.

“If they feel the death penalty is the only way to cure their pain, we have to respect that.

“But for us, we believe that you can’t send a message that murder is wrong by killing another person,” says Ngeow, from Adpan which consists 80 organisations across 22 countries.

In Western countries, she observes that some families believe that their suffering cannot be compensated by the death penalty.

“Some just want answers to what happened,” she adds.

Calling it cruel and inhumane, senior criminal lawyer Datuk V. Sithambaram says the death penalty belongs in the past.

“In the old days, justice was always an eye for an eye.

“But as Mahatma Gandhi would say, this will only make everyone blind.

“We need to move on to a more humane form of justice. Studies show that the death penalty hasn’t been proven to deter crimes,” he says.

Drawing from experience, he says many accused persons claim they would rather die than to be imprisoned for life. – Star,

“They don’t want to languish in jail. They would rather accept death.

“So, to me, the minimum 30-year jail term or being jailed for life is more of a deterrent than death,” Sithambaram says.

He says other forms of punishment can be included in the sentence, such as community service.

“The Pardons Board should review cases to see if the convict is able to change.

“Many can make themselves better and useful through rehabilitation.

“We all regret the wrong things we have done. Those who genuinely repent should be given a second chance,” he says.

Human rights lawyer Andrew Khoo says community work should be made possible as part of the replacement sentence.

For the 1,281 people on death row, he suggests that there should be a provision for the High Court to review the sentences imposed.

“There should not be a simplistic replacement of, say 30 years.

“Each case must be considered based on its own facts and situation,” he says.Khoo stresses that the whipping should not be part of the replacement punishment.

“Corporal punishment is against the United Nations Convention Against Torture.Malaysia has said we will also accede to that. So we should not violate that as well,” he says.

On the death penalty giving victims and their families a sense of retribution, Khoo says the state should not be involved in the business of revenge.

“Justice needs to be dispassionate. It should not be influenced by emotion.

“When we allow our feelings to influence our sense of justice, there is a risk we will arrive at an unjust outcome,” he adds.

Deputy Home Minister Datuk Azis Jamman says the government’s decision on the death penalty was made after taking all views into account.

“As part of the ministry that will implement the policy, we support the Cabinet’s decision.

“Let the Cabinet decide on the finer details, such as the replacement sentences and the possibility of incorporating community service, later,” he says.

Pemerintah Didesak Buat Kebijakan untuk Hapus Hukuman Mati

Ramadhan Rizki, CNN Indonesia | Kamis, 10/05/2018 04:26 WIB
Pemerintah Didesak Buat Kebijakan untuk Hapus Hukuman MatiWakil Koordinator Bidang Advokasi KontraS, Putri Kanesia. (CNN Indonesia/Bimo Wiwoho)
Jakarta, CNN Indonesia — Komisi untuk Orang hilang dan Korban Tindak Kekerasan (KontraS) mendesak pemerintah mengeluarkan kebijakan penghapusan hukuman mati di Indonesia.

Hal itu merupakan salah satu rekomendasi dari Konferensi Nasional 20 Tahun Reformasi: Kejahatan dan Penghukuman di Indonesia yang telah dihelat di Jakarta.

“Pemerintah harus melakukan moratorium hukuman mati sebagai praktik penghukuman kejahatan sebelum menuju kepada penghapusan secara menyeluruh hukuman mati,” kata Wakil Koordinator Bidang Advokasi KontraS, Putri Kanesia di kantor KontraS, Jakarta Pusat, Rabu (9/5).

Putri menilai bahwa proses penghentian hukuman mati di Indonesia harus segera dilaksanakan karena tidak tepat dan bertentangan dengan perundang-undangan yang berlaku.

Ia merinci bahwa hukuman mati bertentangan dengan pasal 281 UUD 1945. Selain itu, hukuman mati juga bertentangan dengan sejumlah peraturan diantaranya Undang-Undang Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia dan Undang-Undang 12 Tahun 2005 Tentang Pengesahan Intemational tentang hak Sipil dan Politik.

“Memang hukuman mati masih sangat pelik dan kerap jadi perdebatan yang menimbulkan pro dan kontra di ranah nasional dan jadi preseden di dunia internasional,” kata dia.

Selain itu, Putri mengatakan bahwa kasus-kasus hukuman mati di Indonesia telah terbukti adanya pelanggaran prosedur hukum dan dugaan unfair trial turut oleh mayoritas terpidana mati.

Ia mencontohkan kasus seperti tak disediakannya penasehat hukum oleh pemerintah untuk membela hak terpidana mati. Selain itu, terdapat kasus praktik penyiksaan terhadap terpidana mati, praktik manipulasi usia dan adanya rekayasa kasus yang menyangkut diskriminasi ras.

“Temuan fakta itu tak pernah dijadikan pertimbangan bagi pemerintah untuk melakukan evaluasi menyeluruh terhadap tuntutan maupun vonis hukuman mati,” ucapnya.

Melihat hal itu, Putri lantas meminta Jokowi untuk melakukan pembenahan dan pengawasan serius terhadap sistem peradilan pidana di Indonesia.

Hal itu bertujuan agar sistem peradilan memenuhi standar peradilan yang adil, tidak memihak dan Imparsial serta mengacu kepada standar HAM internasional yang berlaku universal.

“Kami juga mendesak pemerintah menindak aktor-aktor penegak hukum yang terlibat dalam praktik peradilan yang korup, manipulatif atau sewenang-wenang terhadap kasus hukuman mati di Indonesia,” pintanya.

Tak hanya itu, Putri juga meminta Jokowi dapat memberikan akses bantuan hukum yang layak dan memadai bagi terpidana mati.

Hal itu bertujuan agar meminimalisir potensi terjadinya kembali pelanggaran prosedur hukum maupun dugaan ‘unfair trial’ terhadap narapidana hukuman mati.

“Pemerintah kota garap dapat menjalin kerja sama dan komunikasi dengan berbagai stakeholders seperti keduataan negara asing di indonesia, organisasi advokat mauoin kelonpok masyarakat sipil,” katanya.

Diketahui, penghapusan rekomendasi hukuman mati ini turut didukung oleh elemen masyarakat sipil lainnya seperti Anti Death Penalty Asia Network (ADPAN), Ensemble Contre La Peine De Mort (ECPM), Komnas HAM, Imparsial dan Lembaga Bantuan Hukum (LBH) Masyarakat. – CNN Indonesia, 10/5/2018

ADPAN – Urgent Appeal call by Observatory for the Protection of Human Rights Defenders on the arbitrary arrest of Mr. Adilur Rahman Khan by Malaysia

See earlier related post:-

MALAYSIA – ADPAN Executive Committee Member, Adilur Rahman Khan, detained by Immigration at KLIA Airport

Malaysia: Arbitrary arrest of Mr. Adilur Rahman Khan

20/07/2017
Urgent Appeal

Human Rights Defenders
  • Malaysia

MYS 001 / 0717 / OBS 083
Arbitrary arrest /Harassment
Malaysia

 
July 20, 2017

 

The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, requests your URGENT intervention in the following situation in Malaysia.

 

Brief description of the information:

 

The Observatory has been informed with great concern about the arbitrary arrest in Kuala Lumpur of Mr. Adilur Rahman Khan, Secretary of the human rights non-governmental organisation [1], also a member of OMCT General Assembly and FIDH Vice-President.

 

According to the information received, on July 20, 2017, at about 4.00 am, Mr. Adilur Rahman Khan was detained by immigration officers upon his arrival at Kuala Lumpur International Airport. No reason was given for his detention.

 

Mr. Rahman Khan was travelling to Malaysia to attend the National Conference on Death Penalty organised by the Anti-Death Penalty Asia Network (ADPAN) from July 21 to 22, 2017 in Kuala Lumpur.

 

The Observatory strongly condemns Mr. Adilur Rahman Khan’s arbitrary arrest, and calls upon the Malaysian authorities to release him immediately and unconditionally, as well as to guarantee in all circumstances his physical and psychological integrity.

 

Actions requested:

 

Please write to the authorities in Malaysia, urging them to:

 

i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Adilur Rahman Khan, as well as of all human rights defenders in Malaysia;

 

ii. Release Mr. Adilur Rahman Khan immediately and unconditionally as his detention is arbitrary since it only aims at sanctioning his human rights activities;

 

iii. Put an end to any kind of harassment – including at the judicial level – against Mr. Adilur Rahman Khan as well as all human rights defenders in Malaysia;

 

iv. Ensure in all circumstances that all human rights defenders in Malaysia are able to carry out their legitimate activities without any hindrance and fear of reprisals;

 

v. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Articles 1 and 12.2;

 

vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Malaysia.

 

Addresses:

· Dato’ Sri Mohd Najib bin Tun Abdul Razak, Prime Minister of Malaysia, Fax: +60 3 8888 3444, Email: ppm@pmo.gov.my

· Mr. Ahmad Zahid Hamidi, Minister of Home Affairs of Malaysia, Fax: +60 3 8889 1613 / +60 3 8889 1610, Email: ahmadzahid@moha.gov.my
 

· Attorney General of Malaysia, Tan Sri Mohamed Apandi Ali, Fax: +603 8890 5670 Email: pro@agc.gov.my
 

· Tan Sri Razali Bin Ismail, Chairman of the Human Rights Commission of Malaysia (SUHAKAM), Fax: +60 3 2612 5620, Email: humanrights@suhakam.org.my;

· H.E. Mr. Amran Mohamed Zin, Ambassador, Permanent Representative of Malaysia to the United Nations in Geneva, Switzerland. Fax: +41 22 710 75 01, Email: malgeneva@kln.gov.my

· Embassy of Malaysia in Brussels, Belgium, Fax: +32 2 762 50 49, Email: malbrussels@kln.gov.my

Please also write to the diplomatic missions or embassies of Malaysia in your respective country as well as to the EU diplomatic missions or embassies in Malaysia.

***
Geneva-Paris, July 20, 2017

 

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

MALAYSIA – ADPAN Executive Committee Member, Adilur Rahman Khan, detained by Immigration at KLIA Airport

Adilur Rahman Khan from Odhikar, a member of the ADPAN, was detained at the Kuala Lumpur Internationbal Airport(KLIA) by the Malaysian Immigration and prevented entry (he is still being detained at this time). He was supposed to be attending the General Assembly of ADPAN today(20/7/2017), and Malaysian National Conference on 21-22 July. At the ADPAN General Assembly, Adilur Rahman Khan, was succesfully voted into the Executive Committee of ADPAN for the 2017-2019 term.

adpan adilur statementcropped-adpan-national-conference-poster1.jpg

Bangladesh human rights activist detained at KLIA

| July 20, 2017

Suaram condemns arrest of Adilur Rahman Khan who arrived this morning to attend a conference in Kuala Lumpur on the abolition of the death penalty.

PETALING JAYA: The arrest of a Bangladeshi human rights activist at the Kuala Lumpur International Airport (KLIA) this morning has been condemned by a local rights group.

Adilur Rahman Khan was detained by immigration officers at KLIA at about 4am today. Khan is the secretary of Odhikar, a human rights NGO based in Bangladesh.

He had travelled to Malaysia to attend a conference on the topic of “Abolition of the death penalty”.

“Suara Rakyat Malaysia (Suaram) condemns the detention of Adilur Rahman Khan.

“As of 10am, no reason has been given by immigration officers as to why he was detained. However, Suaram was informed that Khan has now been moved to the immigration lock-up,” Suaram executive director Sevan Doraisamy said in a statement.

The NGO urged the authority to release Khan and called for an end to the “persistent harassment against human rights defenders visiting Malaysia”.

This is the latest action taken against foreign human rights activists by the Malaysian government.

Earlier this month, Amnesty International (AI) said it was concerned over the barring of Singapore human rights defender Han Hui Hui from entering Malaysia last month.

Han had been blocked from entering the country after having been labelled an “undesirable immigrant” by the home minister.

“AI notes that this is not the first time the government has barred peaceful activists from entering Malaysia.

“In recent years, Hong Kong political activist Joshua Wong and Indonesian human rights defender Mugiyanto Sipin have been prevented from visiting the country, as well”. – FMT News, 20/7/2017FMT News, 20/7/2017

Immigration detained activist from Bangladesh, claims Suaram

  •    Published Today 11:40 am     Updated Today 11:53 am

The human rights group Suaram has condemned the Immigration Department for supposedly detaining a human rights activist from Bangladesh.

“Suaram calls for his immediate release and demand that the Immigration Department stop its persistent harassment against human rights defenders visiting Malaysia,” it said in a statement today.

Suaram claimed that Odhikar secretary Adilur Rahman Khan was detained at about 4am today at the Kuala Lumpur International Airport, and as of 10am, he was not told the reason for his detention.

He was supposed to attend a conference on the abolition of the death penalty that would take place in Kuala Lumpur this evening until Saturday.

Malaysiakini has contacted the Immigration director-general Mustafar Ali and is waiting for a response. – Malaysiakini, 20/7/2017

Malaysia detains prominent Bangladeshi rights activist Adilur Rahman Khan

KUALA LUMPUR (AFP) – Malaysia has detained a prominent Bangladesh activist, civil groups said on Thursday (July 20), describing the government action as “harassment” against human rights defenders.

Adilur Rahman Khan, secretary of the rights group Odhikar, was detained after arriving at Kuala Lumpur International Airport early Thursday, activists said.

He was due to speak at a two-day conference organised by the Anti-Death Penalty Asia Network

Rights group Voice of the Malaysian People (Suaram) said Khan was being kept incommunicado at the airport’s immigration lock-up and appealed for his release.

“Suaram calls for his immediate release and demand that the immigration department stop its persistent harassment against human rights defenders visiting Malaysia,” it said in a statement.

Immigration authorities could not be reached for comment.

Malaysia often denies foreign pro-democracy activists entry into the country without giving explanation.

 

The Asian Human Rights Commission urged the international human rights community “to immediately intervene in this case, and secure Khan’s release from arbitrary detention”.

The commission said it was worried that the detention of Khan, his country’s former deputy attorney general, “is the result of collusion between governments in Bangladesh and Malaysia”.

In the past, Khan’s group has been critical of human rights violations allegedly committed by Bangladeshi security forces, including torture and extra judicial killings.

Malaysia has also denied Khan a lawyer and the right to speak to anyone, the group said.

In 2015, student activist Joshua Wong, who helped organise the 2014 Hong Kong protests, was denied entry by immigration authorities. – The Straits Times, 20/7/2017