Death Penalty Delivers Violence and Cruelty, not Justice

Suara Rakyat Malaysia (SUARAM) offer our condolences for the family of Prabu N. Pathmanathan for their loss and condemns the execution of Prabu N. Pathmanathan by Singapore on the dawn of 26 October 2018.

The pursuit of justice through death penalty can only be described as a folly as death penalty itself does not provide for justice but merely inflict violence upon another. The pursuit of justice cannot rely solely on punitive measures but must include an opportunity to rehabilitate the offender and an opportunity for there to be reconciliation, not just for the family of victims but the greater society which the crime has harmed.

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OPPORTUNE TIME TO SEEK JUSTICE FOR ALTANTUYA

Press statement by Kua Kia Soong, SUARAM Adviser, 12 Oct 2018

First, we would like to congratulate the PH government for finally imposing a moratorium on hangings in the country with a view to abolish the death penalty in the next parliamentary seating. We have been calling for the abolition of the death penalty ever since SUARAM was founded in 1989.

There is no better time for our country to abolish the death penalty than the present predicament we face in trying to extradite Sirul, one of the convicted murderers of Altantuya from Australia. Since the Australian government cannot bring itself to return someone to Malaysia where he will be facing the death penalty, the just and reasonable thing to do is to abolish the death penalty so that this other convicted killer of Altantuya can be extradited back to face justice in our country.

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ABOLISHING THE DEATH PENALTY & EXTRADITE SIRUL

Press statement by Kua Kia Soong, SUARAM Adviser, 21 May 2018

SUARAM has been calling for the abolition of the death penalty ever since we have existed. There is no better time for our country to abolish the death penalty than the present predicament we face in trying to extradite Sirul, one of the convicted murderers of Altantuya from Australia. Since the Australian government cannot bring itself to return someone to Malaysia where he will be facing the death penalty, the just and reasonable thing to do is to do away with the death penalty once and for all. In so doing, we can ensure that this other convicted killer of Altantuya faces justice in our country.

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On the Execution of Kho Jabing

For Immediate Release
20th May 2016

On the Execution of Kho Jabing

Suara Rakyat Malaysia (SUARAM) strongly condemns the execution of Kho Jabing by the Government of Singapore on the 20th May 2016.

Despite the unanswered concerns regarding the impartiality of the appeal proceeding, the Government of Singapore have refused to answer the public plea for clemency and unconscionably carried out the sentence at 3.30PM after the dismissal of Kho Jabing’s appeal on the morning of 20th May 2016.

The concerns that Kho Jabing’s right to fair trial was violated was affirmed when Justice of Appeal, Andrew Phang failed to recuse himself and sat as part of the coram of judges who heard his motion on the 19th May 2016. SUARAM would like to reiterate the importance of an impartial tribunal especially in cases involving the use of capital punishment and remind the Government of Singapore the importance of the notion that justice need not only be done, but seen to be done. The failure to ensure justice had been done in this case would forevermore tarnish Singapore’s ability to provide a fair trial for those seeking justice in its legal system.

Further, the doubt as to whether Kho Jabing the prosecution had adequately proved the necessary mens rea for Kho Jabing’s act to tantamount to murder expressed by some of the presiding judges during the trial should have been taken into account during the sentencing. Despite the existing doubts, the death sentence was still imposed on Kho Jabing. The failure to account for this clearly violates the recognized international norms where capital punishment can only be imposed when the crime meets the threshold of ‘most serious crimes’.

In light of these concerns, the refusal to provide for a stay of execution and the apathy shown by Government of Singapore in regards to the plea for clemency by the family and members of the public can only be described as callous and unconscionable to say the least.

The death penalty does not provide justice and in this case it has caused a great injustice to the family of the deceased. This execution also marks Singapore departure from the norms of developed states where the use of capital punishment has been gradually phased out. The insistence that capital punishment remain a facet of its criminal justice system clearly show its disinclination to join the rank of developed country in regards to its recognition of human rights. SUARAM reiterate our stance that the use of capital punishment must be abolished and call upon governments which still endorses the use of capital punishment to re-examine the use of capital punishment and instate a moratorium on it immediately!

In Solidarity,
Sevan Doraisamy
Executive Director
SUARAM

Malaysian faces execution in Singapore: calling for Clemency for Kho Jabing

JOINT MEDIA RELEASE
FOR IMMEDIATE RELEASE
CLEMENCY APPEAL FOR KHO JABING
Tuesday, 17 May 2016

Malaysian faces execution in Singapore: calling for Clemency for Kho Jabing

Roughly half a year ago, civil societies in Malaysia and Singapore came together to appeal for clemency for Kho Jabing, a Sarawakian on death row in the island state who was recently rescheduled for execution.

On the 13th May 2016, the family was notified that Kho Jabing will be executed on the 20th May 2016. This came as a shock to the family and activists who have campaigned for Kho Jabing’s clemency. Kho Jabing was convicted of murder and sentenced to the mandatory death penalty on 30 July 2010. However, after the 2012 review of the mandatory death penalty laws, on 14 August 2013 the High Court resentenced Kho Jabing to life imprisonment and 24 strokes of the cane. On 14 January 2015, the Court of Appeal re-imposed the death penalty on Kho Jabing in a three-to-two split decision. A last minute appeal admitted on 3 November, three days before his scheduled execution, was dismissed on 5 April 2016.

Kho Jabing and his family have already endured the distress of facing an imminent execution and we are urging the authorities of Malaysia to leave no stone unturned and do their utmost best to advocate with their Singaporean conterparts to spare them further suffering..

In light of these information and the concerns raised last year, we implore the President of Singapore to give due consideration to the aforementioned issues relating to Kho Jabing’s case and grant clemency for Kho Jabing. At the very least, the scheduled execution should be set aside pending the appeal that Kho Jabing’s lawyer intend to submit.

Once again, we implore those in power to take swift action and ensure that this injustice is put to an end. Failure to take swift action to safeguard Kho Jabing’s right would only bring about more unnecessary grief to the family and needless taint on Singapore’s human rights records.

CONTACTS:

Amnesty International Malaysia

D-2-33A, 8 Avenue
Jalan Sungai Jernih 8/1, Section 8
46050 Petaling Jaya, Selangor Darul Ehsan
T: +603 7955 2680
F: +603 7955 2682
W: amnesty.my
E: [email protected]
Twitter: amnestymy

Civil Rights Committee, KLSCAH

No 1, Jalan Maharajalela
50150 Kuala Lumpur
T: +603 2274 6645
F: +603 2272 4089
W: klscah.org.my

SUARAM

433A, Jalan 5/46, Jalan Gasing Indah
46000 Petaling Jaya
Selangor Darul Ehsan
T: +603 – 7784 3525
F: +603 – 7784 3526
E: [email protected]
Twitter: SUARAM Tweets