Asean Moves Boldly To End Death Penalty (Bangkok Post, 10/10/2016)

# This was an opinion of Seree Nonthasoot, Thailand’s representative to the AICHR, that was published by the Bangkok Post.

To mark World Day Against the Death Penalty today, Thailand and other members of the Association of Southeast Asian Nations (Asean) have reason to revisit and recommit efforts to abolishing capital punishment.

Much work remains to be done. Thailand, which has not executed anyone for seven years, and a few other Asean countries with capital punishment continue to hand down the death penalty on drug-related offences, which is unlikely to deter crime. It is the ultimate denial of the right to life and a violation of fundamental human rights.

Of the world’s 198 countries, 102 have legally abolished the death penalty for all crimes. An additional 32 countries are abolitionist in practice since they have not executed anyone in the last 10 years and they have a policy or commitment not to carry out executions. Six countries reserve the death sentence only for the most serious crimes of culpable homicide and murders. Of the 58 countries that have not abolished the death penalty, just 25 carried out executions in 2015. However, of those 25 exceptions, four are member states of Asean. Thailand is not among them.

Though the death penalty is still on our statutes, no one has been executed since 2009. However, we still have prisoners sitting on death row and, following a ruling by the Supreme Administrative Court in July, those on death row may be held in shackles permanently.

Thailand is among the first group of countries that voted in 1948 to adopt the Universal Declaration of Human Rights. Article 3 of the UDHR states that “everyone has the right to life, liberty and security of person”, while Article 5 confirms that “no one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment”.

About half of those on death row in Thailand and a few other Asean countries are convicted of drug-related crimes. In accordance with Article 6 of the International Covenant on Civil and Political Rights (ICCPR) to which Thailand is a party, the death penalty should only be applicable in the case of the most serious crimes. Drug offences hardly fall under that category. I therefore support the initiative by the Thai Ministry of Justice to embark on the reform of drug offences such as those related to methamphetamine.

Crime determent has always been the rationale for handing down the death penalty. Empirical data proves this wrong. For example, drug use has been steadily on the rise in the region despite the death penalty. This clearly indicates that capital punishment does not work as a deterrent and it is time to reconsider it.

Studies carried out in different countries paint a consistent picture. The overwhelming majority of people who end up on death row are poor and not well-educated. They cannot afford proper legal counsel. Many, such as migrant workers, do not even understand the charges of which they are accused.

Further, many drug offenders are duped in the first place. They are executed for crimes they were not even aware of committing, often without even knowing the kingpins who planned their downfall. Once they are prosecuted, drug barons can easily recruit other vulnerable groups who are not aware of the grim fates they will be facing.

To tackle crime, we need to find ways to reduce it. Thailand’s National Human Rights Plan of Action (2014-2018) which outlines a plan to abolish the death penalty is a promising step. It suggests an opportunity and an obligation for civil society to work harder to influence this movement and to do more to develop a regional aversion to the taking of life by the state. But much needs to be done.

At the regional level, Asean governments have formally set the community on a bold and clear 10-year direction of being “people-centred, people-oriented” as well as rule-based. What is happening now seems to be the opposite. We are seeing thousands of people in the region being summarily and extra-judicially executed for allegedly being involved in drug crimes.

A lesson from this alarming phenomenon is the dynamics of politics that can equally lead to progress or regress. We cannot afford to be complacent; even countries that have ratified the Optional Protocol to the ICCPR and have thus committed themselves to abolishing the death penalty can create fanciful ways to bypass that obligation and institute state-instructed and inspired programmes to kill their own people.

I welcome the recent formation of the Coalition on the Abolition of the Death Penalty in Asean (CADPA) among like-minded persons and groups to campaign for the end of the death penalty. CADPA has launched a campaign called “End Crime, Not Life”, aiming to raise public awareness of the difficulties with the application of the death penalty and to focus on improving criminal justice systems. It is time for all of us to stand up for a justice system that punishes offenders in a fair and appropriate manner. The region’s people-centred and people-oriented vision must be underpinned by its drive towards abolishing the penalty.

# Seree Nonthasoot is Thailand’s representative to the AICHR. This article expresses his personal views.

Source: Bangkok Post, 10/10/2016

 

 

 

MADPET – HOPING THAT THERE WILL BE NO MORE DEATH PENALTY IN MALAYSIA BY THE NEXT WORLD DAY AGAINST DEATH PENALTY

Related post

Malay Mail – Hoping that there will be no more death penalty in Malaysia by the next World Day Against the Death Penalty — MADPET

Malaysiakini – Madpet hopes death penalty abolished by this time next year

Hoping for an end to the death penalty in M’sia

October 10, 2016

Despite the country being on the verge of abolishing the death penalty, it is most disturbing that in 2016 alone Malaysia executed four.

gantung1By Charles Hector

On October 10, 2016, the 14th World Day Against the Death Penalty, Malaysians Against Death Penalty and Torture (Madpet) calls on Malaysia to expedite the abolition of the Death Penalty, and to impose a moratorium on all executions against the Death Penalty.

Malaysia on track towards abolition

In a news report, Nancy Shukri, the then minister in the Prime Minister’s Department, did say she hoped to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March 2016.

A few days before that, in another news report, Attorney-General Apandi Ali said he would propose to the Cabinet that the mandatory death penalty be scrapped, so that judges are given the option to choose between sentencing a person to jail or the gallows.

Malaysia was accorded a space of importance at the recent 6th World Congress Against the Death Penalty, organised in Oslo (Norway) from June 21-23, 2016, where the de facto Minister of Law, Nancy Shukri, was expected make a positive announcement about Malaysia’s intention to abolish the death Penalty. Sadly, the Minister could only confirm that Malaysia was still moving in that direction, but she could not be more specific about exactly when these proposed amendments would be tabled in Parliament.

Nancy told the World Congress that a government-backed study on the death penalty had been completed and a paper was being readied by the Attorney-General’s Chambers. The study was conducted by the International Centre For Law and Legal Studies (I-CeLLS). The consultant was then Professor Dr Roger Hood, Professor of Criminology and Emeritus Fellow of All Souls College Oxford.

The Minister also told news portal Malaysiakini at the sidelines of the Sixth World Congress that the study had been completed about two months ago.

Death penalty is no deterrent

Nancy Shukri previously also said that empirical studies showed that the death penalty had not led to “the deterring effect that such a penalty was created for.”

This was consistent with the facts the then Home Minister, Hishammuddin Hussein revealed to the Malaysian Parliament in March 2012, which showed that police statistics for the arrests of drug dealers under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty, for the past three years (2009 to 2011) have shown an increase. In 2009, there were 2,955 arrested under this section. In 2010, 3,700 people were arrested, whilst in 2011, there were 3,845 arrested.

Malaysian Crime Prevention Foundation vice-chairperson Lee Lam Thye also did note in July 2013 that the death sentence had not deterred the drug trade.

Cases like that of Malaysian Umi Azlim Mohamad Lazim, 24, a graduate from a poor Malay family of rice farmers, and young Malaysian Yong Vui Kong who were once facing death for drug trafficking overseas, who since then had their sentences commuted, have opened the eyes of most Malaysians of the fact that many of the persons facing the death penalty for drug trafficking are really ‘mules’, many of whom are young people who have been tricked, or those who are financially disadvantaged. They are certainly not the kingpins of drug trafficking, and certainly do not deserve to be hanged.

Mandatory death penalty

Currently in Malaysia, the death penalty is mandatory for about 12 offences, while about 20 other offences are punishable by a discretionary death penalty. Murder and Drug Trafficking carry the mandatory death penalty.

Likewise, the Firearms (Increased Penalties) Act 1971 provides for the mandatory death penalty if firearms are discharged with intent to cause death or hurt to any person, shall, notwithstanding that no hurt is caused for offences like extortion, robbery, kidnaping, house breaking or house trespass, and such mandatory death penalty would also increase the risk the death of victims and/or potential witnesses. It is all the more important for the mandatory death penalty to be abolished where no hurt/death results.

The mandatory death penalty must be totally abolished, and considering Malaysia is on the verge of abolishing the death penalty, especially the mandatory death penalty, it was most disturbing that Malaysia in 2016 executed four persons, who were convicted for murder which carried the mandatory death penalty. Gunasegar Pitchaymuthu, Ramesh Jayakumar and Sasivarnam Jayakumar were executed on March 25, whilst Ahmad Najib Aris was executed less than three weeks ago on Sept 23.

Immediate moratorium on all executions needed now

We recall that Edmund Bon Tai Soon, Malaysia’s current AICHR (Asean Intergovernmental Commission on Human Rights) representative, was reported saying: “…Malaysia’s moratorium, I understand, is only for drug trafficking cases…” It must be noted that Human Rights Commission of Malaysia (Suhakam), also did reiterate on March 29 their recommendation that a moratorium on the use of the death penalty be put in place in Malaysia.

Madpet believes that there must be a moratorium on executions of everyone, not just those convicted for drug trafficking.

Why the delay in the tabling of these amendments?

Madpet notes that Malaysia informed us that the study was completed in early April or May this year, and all that was needed was for the Attorney-General’s Chambers to draft and thereafter submit the proposed amendments to be tabled by the Government in Parliament, which we hope will happen soon in the upcoming Parliamentary session this October.

Therefore…

Madpet urges Azalina Othman, who replaced Nancy Shukri in mid-July as the new de facto Minister of Law, to expedite the tabling of the much needed amendments that will abolish the death penalty.

 

Madpet also urges that Malaysia announce a moratorium on ALL executions, not just for drug trafficking, pending the tabling of amendments, that would see the abolition of the mandatory death penalty, and hopefully also the abolition of the death penalty. As of May 16, there are 1,041 persons on death row.

Madpet also urges Malaysia to vote in favour of the upcoming United Nations General Assembly Resolution calling for a moratorium on executions pending abolition of the death penalty, or at the very least record a vote of abstention.

Madpet reiterates its call for Malaysia to abolish the death penalty, and hopes that by the next World Day Against the Death Penalty, Malaysia will proudly stand amongst countries that have abolished the death penalty.

Charles Hector is spokesman for Malaysians Against Death Penalty and Torture (Madpet).

With a firm belief in freedom of expression and without prejudice, FMT tries its best to share reliable content from third parties. Such articles are strictly the writer’s personal opinion. FMT does not necessarily endorse the views or opinions given by any third party content provider.

FMT News, 10/10/2016

* See full statement, with reference to news reports, being the basis for some of the assertions contained in the statement.

HOPING THAT THERE WILL BE NO MORE DEATH PENALTY IN MALAYSIA BY THE NEXT WORLD DAY AGAINST DEATH PENALTY

ASEAN & the Death Penalty: Behind the Shutter – 11/10/2016, Bangkok

ASEAN & the Death Penalty: Behind the Shutter

Asia Centre is hosting an informal discussion and networking session with New York-based Japanese photographer and anti-death penalty activist Toshi Kazama.

The discussion will look at the death penalty from a journalistic perspective. It will consider the role of the media in structuring the narrative of the death penalty and providing context for its use.
Some of the questions that will be considered are
‣ How is the death penalty framed and reported about in the region?
‣ What impact does the media have on people support for the death penalty?
‣ What challenges do journalists face in reporting on capital punishment?
‣ Can and should the media play a role in charting course towards abolition of the
death penalty?
The discussion will be followed by a networking session. Light refreshments will be
served.
This event is free.
When 11 October 2016 (Tuesday)

Where Asia Centre (Beside Phaya Thai BTS)

Time 6pm – 9pm
For inquiries please write to us at
contact@asiacentre.co.th
This event is part of the #EndCrimeNotLife regional campaign against the death penalty.
www.asiacentre.co.th
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Human Rights Documentary Film Show 2013 (2013.10.10-2013.11.26)

FILM EVENT – World Day Against the Death Penalty – 10 October 2013
Amnesty International Hong Kong will be showing 13 human rights  films throughout October and November 2013

The series of films is to be launched on the 11th World Day against the Death Penalty on October 10, 2013, with the showing of Japanese film “The Defender of Death-row Convicts” (Japanese language, Chinese and English subtitles). The film explores the legal career of Yoshihiro Yasuda, a human rights lawyer who has, in spite of condemnation from Japanese society, defended a great number of prisoners convicted of violent crimes.

Other films being shown over the course of the film event include “Hong Kong’s Road to the Abolishment of Capital Punishment” and “I am Innocent, I am Cheng Hsing Tse” – the story of a young Taiwanese man sentenced to death after an unfair trial.

For information on all of the films being showed, the timetable, venue information and ticket booking : http://amnesty.org.hk/filmshow/2013/

SINGAPORE – Singapore Working Group on Death Penalty World Day Against the Death Penalty statement

10th World Day Against the Death Penalty

It has been a decade since the World Day Against the Death Penalty was first commemorated. In the past decade, the world has seen a progressive decrease in the use of the death penalty.

According to the latest statistics provided by World Coalition Against the Death Penalty, 97 countries have abolished the death penalty for all crimes, 8 countries have abolished the death penalty for ordinary crimes and 36 countries have abolished the death penalty in practice. In total, 141 countries are abolitionist in law or in practice.

Singapore, a country that has been practicing the use of both the death penalty and the mandatory death penalty, will be seeing slight amendments made in the use of the mandatory death penalty for drug trafficking and homicide.

As we applaud the global changes that have been observed over the past decade and acknowledge the small steps taken by the Singapore Government, we recognise that our work in advocating for the abolition of the death penalty continues. We cannot overlook the fact that the death penalty still exists in our own backyard, guarded defensively by authorities who claim that it is a necessary evil that works as a deterrent towards heinous crimes and drug trafficking.

As the newly formed Singapore Working Group on Death Penalty[1], we  would like to emphasize our position against the use of  death penalty and the mandatory death penalty by stating that:

  1. The death penalty and mandatory death penalty is an irreversible, ultimate form of cruel, inhuman and degrading form of punishment and it fundamentally goes against Article 3 of the Universal Declaration of Human Rights that states “Everyone has the right to life, liberty and security of person”;
  2. The abolition of the death penalty will contribute to enhancement of human dignity and progressive development of human rights;
  3. The death penalty is not a deterrent for crimes as there are many factors including ignorance, mental conditions and social factors that nullifies any deterrence effect.

Until the death penalty is fully abolished in Singapore, we will continue our call for a paradigm shift in our judicial system and principles – a shift away from the emphasis on retributive justice and move towards the restorative aspects of justice.  With this in view, we make the following recommendations to the Singapore Government:

  1. To continue the current stay on executions and establish an official moratorium to create the time and space for society to explore alternative sentencing options and to work ultimately towards the abolishment of the death penalty;
  2. To make available statistics and other factual information on the use of the death penalty, which is already an accepted recommendation in the Universal Periodic Review by the Singapore Government[2]
  3. Ratify the International Covenant on the Civil and Political Rights [ICCPR] and the Second Optional Protocol of the ICCPR, aimed at the abolition of the death penalty;
  4. With due regard to articles 10 and 15 of the Convention of the Rights of Persons with Disabilities (CRPD), recognise that no persons with disabilities – including persons with mental or intellectual disabilities – should be subjected to the death penalty.

We also take this opportunity to reaffirm our commitment towards the abolition of the death penalty in Singapore, and express our support and solidarity with friends and fellow abolitionists locally, regionally and internationally.

Singapore Working Group on Death Penalty

13 October 2012

About the Singapore Working Group on the Death Penalty (SWGDP)

The Singapore Working Group on the Death Penalty (SWGDP) is a collaboration between Think Centre, Singapore Anti-Death Penalty Campaign and We Believe in Second Chances. We have come together as concerned Singaporeans to advocate for changes that we strongly believe will lead to a better Singapore where every individual enjoys the full “recognition of the inherent dignity and of the equal and inalienable rights” as proclaimed in the Universal Declaration of  Human Rights (UDHR).

We are motivated by Article 3 of the UDHR that proclaims “everyone has the right to life, liberty and security of person”. Every nation including Singapore and every individual must “promote respect for these rights and freedoms and by progressive measures” ensure “effective recognition and observance among the people”.

Under this collaboration, we work together to enhance our collective capacity to conduct research, projects and events. Through our outreach programmes, we hope to raise awareness and trigger much-needed public debate on issues surrounding the  death penalty in Singapore.


[1]              The Singapore Working Group on Death Penalty comprises the Singapore Anti-Death Penalty Campaign, We believe in Second Chances and Think Centre.

[2]              Moratorium on the use of the death penalty , Report of the Secretary-General, pg 11, E. http://www.un.org/ga/search/view_doc.asp?symbol=A/67/226&referer=/english/&Lang=E

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