* If any member organisation do have a more comprehensive document, kindly send it to us for publication in this website
ADPAN also made a submission for the UPR Review of Japan. Below are but some extracts from the outcome that demonstrates Japan’s position. To see the full list of documents related to Universal Periodic Review – Japan, follow the link .
Japan’s position on the issue of the death penalty is that this should be examined based on domestic public opinion. The majority of the Japanese people consider the death penalty to be unavoidable in the case of extremely heinous crimes and therefore Japan currently does not have any plans to establish a forum to discuss the death penalty system.
We provide support to victims and their families appropriately, regardless of whether or not a moratorium is introduced.
In Japan, the right to appeal is broadly recognized under the three-tier-trial system. Considering that many appeals have actually been made in death penalty cases and there is a problem to impose a burden of appealing on those who do not intend to appeal, Japan believes we should not introduce a system of mandatory appeal in cases where the death penalty has been handed down.
In Japan, a defendant has the right to appeal and the death penalty would not be carried out until the sentence becomes final and binding. We carefully take into account elements such as the absence of grounds for retrial, and only if these conditions are met, the order for execution will be placed. If we introduce a system of guaranteeing the suspension of the sentence for retrial, it will be inappropriate because as long as the inmate sentenced to death repeats the action for retrial, we will never be able to execute the sentence.
DECLARATION ON MALAYSIA
7TH World Congress Against the Death Penalty
Brussels, 1st March 2019
The participants in the 7th World Congress Against the Death Penalty, which took place in Brussels from February 26 to March 1st, 2019, hereby:
Welcome the decisions made by the Government of Malaysia to establish a moratorium on executions on 2 July 2018 and announce the revision of the country’s laws to fully abolish the death penalty on 10 October, the World Day Against the Death Penalty;
Positively note the support by Malaysia for the seventh UN General Assembly resolution on a moratorium on the use of the death penalty adopted on 17 December;
Express full support for the courage and commitment shown by the government to secure full abolition in national legislation at the next session of the Malaysian Parliament, beginning on 11 March
Look forward to Malaysia becoming an abolitionist state, joining the majority of UN member states by mid- 2019.
Adopted by Acclamation in Brussels on 1st March 2019
At the World Congress, it was also revealed that in France, it was the government that abolished the death penalty irrespective of the fact that the majority were for the death penalty. Yes, in many cases governments will change norms for the better..that are more just…it all depends on the strength and courage of the government of the day to bring about changes…
by rashvinjeet s. bedi
BRUSSELS: A special resolution on Malaysia’s decision to do away with the death penalty was adopted at the World Congress on capital punishment.
The resolution welcomed the government’s decision to establish a moratorium and to do away with the death penalty.
“We express full support for the courage and commitment shown by the government to secure full abolition in national legislation at the next session of the Malaysian parliament.
“We look forward to Malaysia becoming an abolitionist state, joining the majority of UN member states by mid 2019,” said the resolution which was read out at the closing of the congress on Friday (March 1).
The ceremony was attended by several European politicians including Belgian Deputy Prime Minister Didier Reynders.
Malaysians Against Death Penalty and Torture (Madpet) coordinator Charles Hector, who was among a number of Malaysians who attended the Congress, said that the abolishment of capital punishment has been dependent on the strong political will of the government of the day.
“It is a very proud moment to be a Malaysian when we see the world congratulating the government’s brave decision to abolish the death penalty and join the civilised world,” he said.
Batu Kawan MP Kasthuri Patto, who also attended the congress, said the government must commit itself to fighting crime instead of ending lives and to uplift the socio-economic status of Malaysians as more than 80% of those on death row fall in the B40 category.
Hundreds of people later marched in the Belgian capital city to call for the end of capital punishment around the world.
As of 2018, 146 countries have abolished the death penalty either in law or practice.
One of those who marched was ex-death row inmate Ndume Olatushani who spent 28 years in prison before being exonerated from a crime he didn’t commit.
“As an innocent man, having spent 28 years of which 20 was on death row, I know that the system can get it wrong,” said the American.
Ensemble Contre la Peine de Mort (ECPM) director Raphael Chenuil-Hazan said there was a long way to go for the abolitionist movement.
“There are so many lawyers and activist from different countries in the world who risk their lives to go against the death penalty,” he said.
In October last year, Minister in the Prime Minister’s Department Datuk Liew Vui Keong said the Cabinet would abolish the death penalty, with a moratorium for those on death row.
As of Oct 2018, there were 1,279 people on death row, the majority of them who are there for drug trafficking offences.
Recently, Liew said a final decision would be made during one of the Cabinet’s weekly meetings in March on whether to table a proposal in Parliament. – Star, 2/3/2018