Malaysia: Government Reveals Nearly 30,000 Foreigners Caned (2005-2010)

AMNESTY INTERNATIONAL PRESS RELEASE

11 March 2011

Malaysia: Government Reveals Nearly 30,000 Foreigners Caned

Malaysia should immediately halt the judicial caning of refugees and migrants, Amnesty International said after the government disclosed that almost 30,000 foreigners had been caned in five years.

In a response to a parliamentary question on 9 March, Home Minister Hishammuddin Hussein disclosed that Malaysia had caned 29,759 foreigners between 2005 and 2010 for immigration offences alone.

 “The government’s figures confirm that Malaysia is subjecting thousands of people to torture and other ill-treatment each year,” said Sam Zarifi, Asia Pacific director at Amnesty International. “This is a practice which is absolutely prohibited under international law, no matter what the circumstances.”

“As a first step, the Malaysian government has to immediately declare a moratorium on this brutal practice.”

Amnesty International also called for a complete abolition of all forms or corporal punishment, which constitutes torture or other ill-treatment.

In December 2010, Amnesty International published an in-depth investigation into judicial caning in Malaysia. In each of the 57 cases it examined, Amnesty International found that the caning amounted to torture, as the authorities had intentionally inflicted severe pain and suffering through the punishment of caning.

While most countries have abolished judicial caning, Malaysia has expanded the practice. Parliament has increased the number of offenses subject to caning to more than 60.

Since 2002, when Parliament amended the Immigration Act 1959/63 to make immigration violations such as illegal entry subject to caning, tens of thousands of refugees and migrant workers have been caned.

At least 60 per cent of the 29,759 foreigners caned were Indonesians, according to Liew Chin Tong, the parliamentarian who submitted the question. In March 2010, Amnesty International documented how unchecked abuses by unscrupulous labour agents led to many migrant workers losing their legal immigration status and thus being subject to caning.

Refugees are also caned for immigration violations in Malaysia. Since Malaysia has not yet ratified the UN Refugee Convention, asylum seekers are often arrested and prosecuted as illegal migrants. Burmese refugees in Malaysia have told Amnesty International how they live in fear after being caned.

“Malaysia is subjecting thousands of people from other Asian countries to torture and other ill-treatment,” said Sam Zarifi. “Indonesia, which chairs the Association of South East Asian Nations and its human rights Commission this year, must press Malaysia to stop caning their citizens.”

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Mat Taib inciting ‘explosive' racial riots?

Mat Taib inciting ‘explosive' racial riots?

Andrew Ong & Hon Yi Wen Aug 14, 07 3:43pm

Is Umno information chief Muhammad Muhd Taib inciting the recurrence of racial riots on a scale not seen since May 13, 1969? Two NGOs certainly believe so. Their representatives lodged separate reports against him this morning at the Petaling Jaya district police headquarters. Malaysians Against Death Penalty and Torture (Madpet) referred to Muhammad’s remarks during a press conference on Sunday, after the Kelana Jaya Umno division meeting. According to a report in The Sun yesterday, Muhammad had warned that riots could break out if no action is taken against those who touch on racial and religious sensitivities via the Internet. “Do we want the situation to come to the level that is more explosive than May 13?” he was quoted as saying. Lawyer N Surendran, speaking for Madpet, said Muhammad (photo), now a senator, wields considerable influence and that his comments cannot be taken lightly. “His statement implied that another May 13 type incident might occur and this time more serious and explosive,” said Surendran in his police report. Speaking to reporters later, he urged the police to take immediate action against Muhammad in view of their speedy investigations and eight-hour marathon interrogation of blogger Raja Petra Kamaruddin. Dang Wangi police called in Raja Petra for questioning within two days of Muhammad lodging a report against him for allegedly seditious postings on the Malaysia Today website. His wife Marina Lee Abdullah was subsequently questioned as well. He was the second blogger to be investigated following an Umno diatribe against online dissidents. Blogger Nathaniel Tan had been remanded for four days last month. In the other police report - also against Muhammad’s remarks - the Group of Concerned Citizens said many of the issues raised by so-called online dissidents warrant attention, not threats. Spokesperson Charles Santiago cited the example of Taiwan-based Malaysian student Wee Meng Chee who had been critical of the government and police in a music video posted online. “The inefficiency of the civil service, (alleged) corruption in the police force and plight of vernacular school students are issues that have to be looked into,” Santiago said. “Wee should not be threatened for raising these... Is the government so fragile that it cannot take criticism from young people?” Umno politicians have demanded an apology for Muar-born Wee, who has also faced intimidation in the form of calls to detain him under the Internal Security Act or to be charged with sedition.

Time to ABOLISH WHIPPING in MALAYSIA

How did this video 'escape' from the prison?

Saturday, 28 July 2007, 12:23pm

KUALA LUMPUR: A video has been posted on the internet since March 3 this year showing how a prisoner was caned with rotan until his skins split with blood. Entitled: "Malaysia Caning Judicial Corporal Punishment" and captioned "This link was posted by one of our fellow leakers. Thought it was pretty good, but does anyone know what happened to cause this?", the video did not reveal the location of the prison and the time it was taken. However, the prison grounds appear to be in Malaysia looking at the uniform worn by the officers. It also appears that those present were aware that the whole episode was being filmed. It is quite a gory scene, and please do not click on the link if you find it offensive. **taken from the Malaysian Bar website

Video of Saddam Hussein being executed

Originally posted as a link in the Malaysian Bar website

OPPOSE DEATH PENALTY FOR WATER OFFENCES

OPPOSE DEATH PENALTY FOR WATER OFFENCES

MADPET (MALAYSIANS AGAINST DEATH PENALTY AND TORTURE) calls for the immediate removal of the clauses imposing the death penalty in the Water Services Industry Bill 2006, which came up for second reading in Parliament today(10/5/2006).

Section 121, under Part X : General Offences and Penalties of this Bill, which deals with the offence of water contamination provides that “…a person who contaminates or causes to be contaminated any watercourse or the water supply system or any part of the watercourse or water supply system with any substance (a) with the intention to cause death; (b) with the knowledge that he is likely to cause death; or (c) which would likely endanger the life of any person ….[and]… where death results shall be punished with death or imprisonment…”

The Malaysian Bar, a body representing over 12,000 Malaysian lawyers, at its 60th Annual General Meeting held on 18/3/2006 passed a Resolution calling for the abolition of the death penalty in Malaysia, an immediate moratorium on all executions pending abolition and the commutation of the sentences of all persons currently on death row.

It must be pointed out that a recent television poll done by RTM 2 during the Hello on Two programme on 7/5/2006 showed that 64% of Malaysians are for the abolition of the death penalty in Malaysia. This program has an estimated audience of 80,000. It is thus important that members of Parliament, the representatives of the people respond to the aspirations of Malaysians and remove the death penalty from the Water Bill and all other laws of Malaysia.

It is ironic that at a time when the nations of the world are rapidly moving towards abolition of the death penalty, Malaysia is once again unnecessarily and imprudently extending the range of capital offences. An average of three countries have abolished the death penalty each year over the last decade 122 countries have abolished capital punishment in law or practice as opposed to 74 countries which retain the death penalty.

We therefore call on all Parliamentarians, from both the Barisan National ruling coalition and the Opposition, who value human rights, justice and mercy to immediately cause the removal of the provisions that provide for the sentence of death.

N. Surendran
Salbiah Ahmad
Charles Hector
for Malaysians Against Death Penalty and Torture (MADPET)

10th May 2006

MADPET(19/2/2005):STOP ABUSE OF POWER BY ENFORCEMENT OFFICERS

STOP ABUSE OF POWER BY ENFORCEMENT OFFICERS

We are sickened by news report that Simpang Rengam District Council enforcement officers entered a private premise and brutally killed a dog, the family pet, in front of the family. The helpless animal which was a beloved family pet of 6 children was killed with shocking cruelty. Siau Mau, as it was lovingly called by the children was shot and then bludgeoned to death.

We view with grave concern the increasing instances of enforcement officials who abuse their power and easily resort to the use of guns.

In a notorious incident in Penang in mid- January, Yeoh Yew Jin, a 19 year old alleged VCD seller was shot in the chest by enforcement personnel. The shot also injured a 52 year old innocent by-stander having his dinner at a nearby coffee shop.

Despite a public outcry following this incident, Prime Minister Abdullah Ahmad Badawi made a poorly reasoned decision to continue to allow enforcement officers to bear firearms.

His decision showed a disturbing lack of sensitivity to the interest and safety of the general public and is inconsistent with his professed people friendly and transparent administration.

We are further shocked that the Simpang Rengam District Council enforcement officers had abused their power by trespassing into a private citizens home and destroying private property.

We call upon the authorities to take swift and stern action against those involved in this shameful incident. There must be no hesitation to charge in court those guilty of wrongdoing for cruelty to an animal, criminal trespass and destruction of private property.

We also call upon the Prime Minister to re-consider his decision to allow enforcement officers to carry arms as it is not certain that they are able to bear this responsibility without endangering the Malaysian public.

N. Surendran
Charles Hector
for Malaysians Against Death Penalty and Torture (MADPET)

19th February 2005

MALAYSIAN BAR FOR THE ABOLITION OF THE DEATH PENALTY

RESOLUTION OF THE MALAYSIAN BAR FOR THE ABOLITION OF THE DEATH PENALTY
(which was adopted at the 60th AGM of the Malaysian Bar on 18/3/2006)

WHEREAS every human being has the inherent right to life;

WHEREAS Malaysia has hanged at least 358 persons between 1981 and 2005;

WHEREAS about 173 persons are on death row as at December 2005;

WHEREAS :

a) studies conducted throughout the world over the past seventy years have failed to find convincing evidence that capital punishment is a more effective deterrent of crime than long-term imprisonment;

b) studies conducted in Australia show that abolition of the death penalty had no effect on the homicide rate and in Canada there in fact was a sharp decline in the homicide rate after abolition;

c) in the United States over the past twenty years, states with the death penalty in general have had a higher homicide rate than states without the death penalty;

WHEREAS on the other hand the execution of human beings by the State gives an ‘example of barbarity’ to society and legitimizes the taking of human life;

WHEREAS Malaysia lacks safeguards that would ensure a fair trial such as the right to immediate access to a lawyer upon arrest, right to full disclosure of evidence in the possession of the police and prosecution, and has to the extreme prejudice of accused persons loaded a capital crime statute such as the Dangerous Drugs Act 1952 ( which generates the largest number of death sentences annually ) with presumptions of trafficking that compromise the presumption of innocence which is integral to any fair and just criminal justice system;

WHEREAS:

a) it is not possible in any system of human justice to prevent the horrifying possibility of the execution of innocent persons; and

b) the infliction of the death penalty makes wrongful convictions irreversible;

WHEREAS :

a) 122 countries have abolished the death penalty in law or practice as opposed to 74 countries which retain the death penalty;

b) An average of three countries have abolished the death penalty each year over the last decade;

c) the trend worldwide has been for the abolition of the death penalty;

WHEREAS the UN Commission on Human Rights Resolution 2005/59 passed in 2005 calls upon all states to abolish the death penalty and states that the abolition of the death penalty is essential for the protection of the right to life of every human being;

WHEREAS Article 1 of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) provides that ‘ No one within the jurisdiction of a State party to the present Optional Protocol shall be executed ’.

WHEREAS the death penalty has no place in any society which values human rights, justice and mercy;

NOW IT IS HEREBY RESOLVED that the Malaysian Bar calls for the:

1) Abolition of the death penalty in Malaysia;

2) An immediate moratorium on all executions pending abolition;

3) Commutation of the sentences of all persons currently on death row;

4) Ratification by Malaysia of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR).

Proposers: N.Surendran , Charles Hector, Amer Hamzah Arshad, Sreekant Pillai

* the facts and statistics relied on here are from Professor Roger Hood’s The Death Penalty( A Worldwide Perspective) OUP 2002, Amnesty International and statistics released by the Government of Malaysia.