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.

Massive leap backwards as Singapore resumes executions

PRESS RELEASE

 18 July 2014  

Singapore has taken a reprehensible U-turn by executing the first two prisoners since 2011, Amnesty International and the Anti-Death Penalty Asia Network (ADPAN) said today.

Tang Hai Liang, 36, and Foong Chee Peng, 48, were executed today at Singapore’s Changi  Prison Complex. They had been convicted and mandatorily sentenced to death for drug-related offences in January and April 2011 respectively under the Misuse of Drugs Act.

“The executions by hanging of Tang Hai Liang and Foong Chee Peng represent a massive leap backwards for human rights in Singapore,” said Hazel Galang-Folli, Amnesty International’s Singapore researcher.

“It is extremely disappointing that the authorities have taken a U-turn on a moratorium on executions and did not build on their clean record of no executions over the past two years to push for more reforms in the country.”

Non-lethal crimes such as drugs offences do not meet the threshold of “most serious crimes” for which the death penalty may be imposed under international law. On 14 November 2012, Singapore’s Parliament adopted amendments to abolish the mandatory imposition of the death penalty under certain circumstances in murder and drug trafficking cases. At least nine people had their death sentences reviewed and eventually commuted to life imprisonment and caning since the laws were amended. The Singapore government said that the two men executed today waived their right to a review of their mandatory death sentence, which they were entitled to after legislation was amended.

“The executions took place despite an appeal to challenge the validity of section 33B of the Misuse of Drugs Act, which could have ultimately spared the lives of prisoners on death row like Tai Hai Liang and Foong Chee Peng who were mandatorily sentenced under this law.  We condemn the use of the death penalty as it deprived these men of their right to life,” said Ngeow Chow Ying, ADPAN Secretary.

At least 26 people remained on death row in Singapore at the end of 2013.

With today’s resumption of executions, Singapore is setting itself against the global trend ending the use of the capital punishment, more than two-thirds of all countries having abolished the death penalty in law or in practice.

In the Asia-Pacific region, 17 out of 41 countries have abolished the death penalty for all crimes, 10 are abolitionist in practice and one – Fiji – uses the death penalty only for exceptional military crimes.

 

For more information or to arrange an interview, please contact:

  • Amnesty International’s press office: +44 207 413 5566, press@amnesty.org
  • Nalini Elumalai, ADPAN coordinator, contactadpan@gmail.com

Amnesty International and ADPAN PR on Singapore 18 July

Executions have resumed in Singapore on 18 July 2014

FOR IMMEDIATE RELEASE : 18 JULY 2014

 

The Singapore Working Group on the Death Penalty deeply regrets, and is gravely disappointed at the executions of two individuals that took place today, 18th of July 2014. Inmates Foong Chee Peng, 48, and Tang Hai Liang, 36, were hanged at dawn this morning. Both men were convicted of drug trafficking.

 

These two executions bring to an end the moratorium that has been in place since July 2011, when the government commenced an internal review of the mandatory death penalty laws. This review took place without any public consultation nor has it been made available for public scrutiny. Subsequently, the changes were passed by Parliament in the exact form proposed by the government in July 2012, despite various warnings about their potential problems.

 

We also wish to highlight that there is an ongoing application filed by another drug offender before the Supreme Court, challenging the validity of section 33B of the Misuse of Drugs Act because it violates Article 12 of our Constitution. The hearing is fixed before the Court of Appeal on the 18th of August later this year.

 

Given the fact that the constitutional challenge to the amendments could have a potential bearing on the lawfulness of Foong and Tang’s executions, it was deeply unjust to have executed them before the constitutional challenge was decided.

 

The injustice is compounded by the fact that we had written to the President and the Minister of Home Affairs yesterday to highlight this situation and urged for an urgent stay of execution until our courts have decided on this constitutional challenge at the very least.

 

Finally, the executions are a regrettable step backwards for Singapore. The death penalty has not been proven to be a more useful deterrent against crime than alternative forms of punishment. Moreover, once carried out, miscarriages of justice cannot be remedied.

 

We therefore reiterate our calls for the government to impose a moratorium on all executions and move towards the abolition of capital punishment in Singapore.

 

We believe in Second Chances

Singapore Anti Death Penalty Campaign

Think Center Singapore
– END-

 

Below is an email sent by  the Singapore Working Group on the Death Penalty to the President at 8.30 pm, Thursday, 17th of July 2014, urging the President to exercise his powers to stay the executions of the death row inmates:

 

Your Excellency,

 

We are a coalition of local non-governmental organizations that work closely with the families of death row inmates and advocate against capital punishment in Singapore.

 

We have been just informed from various sources that there are two death row inmates condemned to death arising from drug trafficking who will be executed tomorrow morning at 6am. We wish to highlight to your excellency that there is an application before the court (criminal motion 40/2014) that seeks to challenge the validity of section 33B of the Misuse of Drugs Act – that it violates Article 12 of the Constitution. The hearing is fixed before the Court of Appeal on 18th August at 10am.

 

In light of the above constitutional challenge which will have a bearing on the lawfulness of the impending executions tomorrow, we strongly urge your excellency to stay their executions pending the outcome of the above application, failing which the two executions scheduled will be deemed unlawful.

 

We would appreciate if you could respond to us, concerned citizens, on an urgent basis as we wait with anxiety for your confirmation that you will stay the execution.

 

 

Yours Sincerely,

1)We believe in second chances

2)Singapore Anti Death Penalty

3)Think Center

 

SWGDP – FOR IMMEDIATE RELEASE – 18 July 2014