Feb 28, 2014 | News
A statement by Sultan Hassanal Bolkiah suggesting that critics of Brunei Darussalam’s new Penal Code may be criminally prosecuted for slander is clearly meant to curb freedom of expression and opinion in the country, the ICJ said.
The ICJ urged the Government of Brunei to ensure full respect for the right of freedom of opinion and expression.
In a speech marking Brunei’s 30th National Day on 23 February 2014, Sultan Hassanal Bolkiah said that social media had been used to express opposition to the implementation of the new Penal Code.
He said that those who use social media to express their opinions against the new Penal Code may be committing offences under the General Offences Chapter of the new law. He reportedly characterized some of this expression as amounting to slander, including of the King and of Ulamas, or Muslim scholars. The Sultan also warned that these critics “cannot continue to be allowed to inflict insults” and that they “can be brought to court.”
“Sultan Hassanal Bolkiah’s statement illustrates that human rights, particularly respect for freedom of opinion and expression, is widely disregarded by the authorities in Brunei,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
The ICJ has criticized the new Penal Code for being an affront to human rights and at odds with international standards.
The ICJ reiterates its concern that provisions in the new Penal Code are not in accord with the commitment made by Brunei Darussalam as a member of the Association of Southeast Asian Nations (ASEAN) to promote and protect human rights in the region.
“Free, unhindered debates on issues like the enactment or implementation of a law are important cornerstones of a democratic society,” said Zarifi.
Freedom of opinion and expression is a right that is affirmed in the Universal Declaration of Human Rights and guaranteed under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), to both of which Brunei Darussalam is a party. Under international law, any restrictions or limitations must be exceptional, in accordance with the principles of the proportionality and necessity.
The ICJ urged the Government of Brunei to allow free discussion, particular on matters of public importance such as State law and policies and to fully respect the right to freedom of opinion and expression.
Contact:
Emerlynne Gil, ICJ International Legal Adviser for Southeast Asia, t +66 2 619 8477; email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media Consultant, t +66 81 9077653; email:craig.knowles(a)icj.org
Feb 6, 2014 | News
The ICJ calls on the Government of Malaysia to stop the execution of death row prisoner Chandran, apparently scheduled to take place on Friday 7 February.
Chandran was convicted for murder and sentenced to death on 16 April 2008.
While the Government of Malaysia has not publicly released the date, according to the Malaysian Bar Council, his execution is planned to take place on 7 February 2014.
Despite the prohibition of mandatory death sentences under international human rights law, the laws in Malaysia maintain the mandatory death sentence for offences such as murder, treason and drug trafficking.
The Malaysian Bar Council, a partner organization of the ICJ, has noted that there have been several instances in the past when the Government of Malaysia indicated that it would review the mandatory death penalty, with a view to its possible abolition or the possible reintroduction of a discretionary death penalty. It has also indicated its intention of reviewing the penalty of death for drug-related offenses.
“Considering prohibition of the mandatory death penalty in international human rights law and the past indications made by the Government of Malaysia that it intends to review the imposition of mandatory death penalty, it is deeply concerning that it still aims to proceed with the execution of Chandran on Friday,” said Sam Zarifi, ICJ Regional Director for Asia and the Pacific.
In October 2013, Malaysia underwent their second Universal Periodic Review where it was urged by several countries to review the mandatory nature of death penalty, maintain a moratorium, and ultimately move to abolish the death penalty.
Malaysia is set to respond to these recommendations in March 2014.
The Malaysian Bar Council estimates that there are approximately 900 prisoners in death row in Malaysia awaiting execution.
The ICJ considers that the use of the death penalty constitutes a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
In addition to calling a halt to the execution of Chandran, the ICJ urges the Government of Malaysia to amend its laws and take steps towards the abolition of the death penalty in the country, including the implementation of a moratorium.
Contact:
Emerlynne Gil, ICJ International Legal Adviser for Southeast Asia, t +66 2 619 8477; email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media Consultant, t +66 81 9077653; email: craig.knowles(a)icj.org
Jan 21, 2014 | News
The ICJ today condemned the imposition of the death penalty on 30 people found guilty of drug trafficking in Viet Nam and urged its government to amend laws and take steps towards abolishing the death penalty.
On 20 January, 21 men and nine women were convicted of drug trafficking following a 17-day trial held within the compound of a detention center rather than in a court.
“Viet Nam has the highest number of executions in the ASEAN,” said Sam Zarifi, ICJ Regional Director for Asia and the Pacific. “This is really of serious concern, especially since its courts have been widely criticized as lacking independence, and judicial proceedings have frequently violated international fair trial standards.”
The ICJ repeatedly has criticized Viet Nam’s violations of Article 14 of the International Covenant on Civil and Political Rights, which guarantees the right to a fair and public hearing by a competent, independent, and impartial tribunal established by law.
Under international law, the death penalty may only be lawfully pronounced as a sentence for the most serious crimes, after a full and fair trial. The imposition of the death penalty in this case — a prosecution for drug trafficking — is inconsistent with international law and standards that define the most serious crimes as those involving the intention to kill and resulting in the loss of life.
“Viet Nam’s failure to abolish the death penalty goes against the global trend,” said Zarifi. “The country has chosen to act contrary to repeated calls in several resolutions adopted by the United Nations General Assembly on the issue.”
According to a report by the Secretary General to the General Assembly in 2012, 150 of the 193 UN member states either have abolished the death penalty or introduced a moratorium on it.
Among member states of the Association of Southeast Asian Nations (ASEAN), the Philippines has ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (OP2), abolishing the death penalty. Cambodia also has abolished the death penalty. Lao PDR, Myanmar and Brunei have not carried out the death penalty in several years. Aside from Viet Nam, four other ASEAN Member States still retain the death penalty: Malaysia, Singapore, Thailand and Indonesia.
In November 2013, Viet Nam was elected as a member of the UN Human Rights Council.
Sam Zarifi noted, “The recent death sentences handed down in Viet Nam, in violation of international law, suggest a lack of respect for international law at odds with the spirit of a country newly taking its seat at the UN Human Rights Council.”
It is estimated that more than 600 prisoners are now awaiting execution in Viet Nam. It last imposed the death penalty on 19 December 2013 on two former shipping executives found guilty of embezzlement.
The ICJ considers the death penalty a violation of the right to life and the right to be free from cruel, inhuman or degrading treatment.
The ICJ calls on the Government of Viet Nam to immediately establish a moratorium on executions and take steps towards the complete abolition of the death penalty.
CONTACT:
Emerlynne Gil, ICJ International Legal Advisor for Southeast Asia, tel. no. (Bangkok) +66840923575, email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), tel.no. +66819077653, email: craig.knowles(a)icj.org
Dec 19, 2013 | News
The ICJ deplores the death sentences handed down by the People’s Court of Hanoi on December 17 to two former shipping executives and urges the government of Viet Nam to desist from carrying out the planned executions.
Viet Nam National Shipping Lines (Vinalines) former chairman Duong Chi Dung and former general director Mai Van Phuc were found guilty of embezzling nearly USD $1 million from the state-owned company and sentenced to death.
“The announced death sentences fly in the face of encouraging human rights developments in Viet Nam, such as the State’s signing the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment in November,” said Sam Zarifi, ICJ’s regional director for Asia and the Pacific. “This is a major setback at a time when it appeared Viet Nam was making progress towards ending capital punishment.”
The ICJ considers the death penalty to constitute a violation of the right to life and the right to be free from cruel, inhuman or degrading punishment.
Following the Human Rights Council’s Universal Periodic Review in 2009, Viet Nam agreed to revise its legislation on the death penalty in line with the country’s international obligations.
Since then it has reduced the number of crimes punishable by death, and changed its method of administering the sentence from firing squad to injection by lethal substance.
It is estimated that more than 600 people remain on death row in the country. Most were convicted on drug-related offences.
“At present, approximately two thirds of the world’s countries have already either abolished capital punishment or have moratoriums on executions,” said Zarifi. “It is regrettable that Viet Nam has chosen to exclude itself from this global trend.”
The ICJ calls on the Government of Viet Nam to immediately put in place a moratorium on its practice, with a view to abolishing the death penalty, as demanded by the United Nations General Assembly in repeated resolutions on the question.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
Dec 10, 2013 | News
The ICJ urgently calls on Bangladesh President Abdul Hamid to intervene to stop the execution of Abdul Quader Mollah.
The Supreme Court handed down its judgment against Abdul Quader Mollah on 5 December 2013.
The 790-page judgment was sent to the International Crimes Tribunal on 8 December 2013 and a death warrant was issued against Abdul Quader Mollah (photo) on the same day.
It was immediately sent to the Dhaka Central Jail and he may be executed at any time unless President Abdul Hamid or the Supreme Court intervenes.
Last week, the United Nations High Commissioner for Human Rights Navi Pillay issued a statement, expressing her deep concern over the rising levels of political violence in Bangladesh, calling on both sides to ‘’halt their destructive brinkmanship.’’
‘‘In an increasingly volatile situation, executing Abdul Quader Mollah risks pushing the Government towards a state of emergency, placing democracy and rule of law in peril,’’ said Ben Schonveld, ICJ South Asia Director. ‘‘The timing of the Supreme Court’s decision and the Tribunal’s subsequent death warrant raise serious questions about the political motivations behind the ICT process as well as the independence and impartiality of the judiciary.’’
The ICJ is concerned that the International Crimes Tribunal has not adhered to international standards.
As a State party to the International Covenant on Civil and Political Rights, Bangladesh is obligated to guarantee the right to a fair trial to all suspects, which includes special protections for those facing the death penalty.
The ICJ considers the death penalty to constitute a violation of the right to life and the right to be free from cruel, inhuman or degrading punishment.
It calls on the government of Bangladesh to impose a moratorium on the carrying out death sentences with a view to abolition, in compliance with repeated United Nations General Assembly resolutions on the question.
“The use of the capital punishment is particularly egregious in the Abdul Quader Mollah case, given that Parliament retroactively changed the law to enable the Supreme Court to impose a sentence of death on appeal,’’ added Schonveld. ‘‘Retroactively changing laws to influence the outcome in a case not only goes against the prohibition on retroactivity, it undermines the independence of the judiciary and the judicial function.’’
The ICJ urges President Abdul Hamid to intervene to stop the execution of Abdul Quader Mollah.
CONTACT:
Ben Schonveld, ICJ South Asia Director (Kathmandu), t:+97714432651 ; email: ben.schonveld(a)icj.org
Sheila Varadan, ICJ International Legal Advisor, South Asia Programme (Bangkok), t: +66857200723; email: sheila.varadan(a)icj.org
BACKGROUND:
Political violence has continued to escalate in Bangladesh
Abdul Quader Mollah was indicted on six counts of crimes against humanity before the International Crimes Tribunal (ICT). On 5 February 2013, the ICT rendered its verdict, finding him guilty on five counts and acquitting him on the sixth count. The ICT sentenced him to life imprisonment on two counts for his involvement in the Alubdi mass murder and the murder and rape of a family. He was sentenced to 15 years imprisonment on the remaining three counts.
At the time of the verdict, section 21(2) of the International Crimes (Tribunal) Act 1973 did not permit the Prosecution to appeal a sentence to obtain a heavier sentence.
The ICT verdict in the Mollah case sparked widespread protests, drawing tens of thousands of protesters to Shabagh Square, demanding that Mollah be sentenced to death.
Responding to public outcry, on 14 February 2013, the Parliament of Bangladesh drafted an amendment to change Section 21(2) of the International (Crimes) Tribunal Act 1973 to allow Prosecution to appeal a sentence in a conviction to seek a heavier sentence. The amendment was passed on 17 February and deemed to apply retroactively from 14 July 2009.
Acting on the basis of the Amendment to Section 21(2), the prosecution appealed the life sentences given to Mollah, seeking the death penalty. The prosecution also appealed the acquittal handed down. The defence in turn appealed the convictions on the five counts.
On 17 September 2013, the Appellate Division of the Supreme Court issued an oral decision with no reasons overturning the acquittal and entering a conviction; overturning one of the life sentences and imposing a sentence of death; dismissing the appeal made by the defence.
On 5 December 2013, the Appellate Division of the Supreme Court issued its 790-page judgment giving its reasons for overturning the life sentence and handing down the death penalty. The 790-page judgment was forwarded to the ICT-2 on 8 December 2013. The ICT-2 then issued a warrant of death against Abdul Quader Mollah and sent it to the Central Dhaka jail to be executed.
