International Commission of Jurists
Malaysia must stop execution of death row prisoner Chandran

Malaysia must stop execution of death row prisoner Chandran

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

 

 

 

Stop the resurgence of capital punishment in South Asia

Stop the resurgence of capital punishment in South Asia

Oct 10, 2013 | News

On the 11th World Day against the Death Penalty, the ICJ calls on South Asian States to stop the resurgence of executions in the region.

The ICJ considers the death penalty in all cases to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.

“In the past year, we’ve seen an alarming increase in the number of executions in South Asia,” said Sheila Varadan, International Legal Advisor for the South Asia Programme.

“Capital punishment is State-sanctioned vengeance. The deliberate and premeditated act of taking a human life in State custody can never constitute a form of justice. It is is an irreversible form of punishment that, as we have seen time and again, cannot be administered without some degree of subjectivity and arbitrariness,” she added.

India ended its eight-year moratorium on the death penalty with the executions of Ajmal Amir Kasab in November 2012 and Afzal Guru in February 2013.

Although the current policy on a moratorium is unclear, Pakistan appears to be leaning towards resuming executions. In November 2012, Pakistan carried out its first execution in five years when it hanged solider Muhammad Hussain.

In July 2013, the newly-elected Government signaled its intention to recommence civilian executions after it failed to renew the five-year moratorium. Over 8000 people have been sentenced to death in Pakistan.

Bangladesh also continues to exercise the death penalty. It has over 1000 individuals on death row.

Bangladesh’s International Crimes Tribunal has handed down the death penalty in six of the seven cases completed, despite growing international criticism over the independence and impartiality of the proceedings.

South Asia’s increasing resort to the use of the death penalty goes against a 15-year worldwide trend towards abolition. More than 150 of 192 United Nations member States have now either abolished the death penalty or do not practice it, including 30 States from the Asia-Pacific region.

The United Nations General Assembly has adopted a number of resolutions calling for a worldwide abolition of the death penalty.  In its most recent resolution in 2012, an overwhelming majority of UN member States voted in favor of a worldwide moratorium on executions as a step towards the abolition of the death penalty.

“India, Pakistan and Bangladesh are part of a dwindling number of States who still retain this cruel and inhumane form of punishment,” Varadan said.

The ICJ urges India, Pakistan, and Bangladesh to immediately impose a moratorium on the death penalty, with a view to abolishing it and accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty.

CONTACT:

Sheila Varadan, ICJ Legal Advisor, South Asia Programme, t: +66 857200723; email: sheila.varadan(a)icj.org

NOTE:

  • The United Nations has adopted various instruments in support of the call for the worldwide abolition of the death penalty. In 2007, the UN General Assembly adopted a resolution emphasizing that ‘that the use of the death penalty undermines human dignity’ and calling for the establishment of a moratorium on the use of the death penalty ‘with a view to abolishing the death penalty.’ The resolution was reaffirmed in 2008, 2010, and most recently in December 2012, when a large majority of UN Member States voted in favor of a worldwide moratorium on executions as a step towards the death penalty’s abolition.
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