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Press Release: Abolish the death penalty PDF Print E-mail
Friday, 06 August 2010 03:44pm
The Malaysian Bar calls for the abolition of the death penalty, as every individual has an inherent right to life.  This right is absolute, universal and inalienable, irrespective of any crimes that may have been committed.

Although crimes such as rape of children are very serious offences, and heavy sentences, commensurate with the gravity of the offences committed, must be meted out, the Malaysian Bar is categorically opposed to the imposition of either capital or corporal punishment as the penalty for crimes.  This position was clearly articulated in resolutions adopted at the Malaysian Bar’s Annual General Meetings in March 2006 and March 2007, respectively.

The Malaysian Bar has consistently argued that there is no empirical evidence that the death penalty serves as an effective deterrent to the commission of crimes.  Arguably, there has been no significant reduction of crimes for which the death penalty is mandatory.  Furthermore, it is not possible in any system of human justice to prevent the horrifying possibility of the execution of innocent persons.

The trend worldwide has been to abolish the death penalty, as the execution of human beings by the State serves as an “example of barbarity” to society and legitimises the taking of human life.  In 2005, the UN Commission on Human Rights passed Resolution 2005/59 calling upon all states to abolish the death penalty, and stated that the abolition of the death penalty is essential for the protection of the right to life of every human being.

While the call for the imposition of the death penalty may be a reflection of society’s abhorrence towards rapes of children, the penalty would have serious repercussions on efforts to prosecute and prevent the incidence of such crimes, protect rape survivors, and reduce further victimisation of the survivors under the legal process.  As the prosecution of rapists depends on the existence of a complaint by a rape survivor, the death penalty may discourage rape survivors from reporting the matter, especially if the perpetrator is a family member.
 
We also appeal to the President of the Republic of Singapore to act in accordance with international human rights norms and to show compassion by exercising clemency in the case of Malaysian Yong Vui Kong, who is in imminent danger of being hanged in Singapore for a drugs-related offence.  We encourage our colleagues at the Law Society of Singapore to continue to speak out against the use of the death penalty in Singapore.

The death penalty has no place in any society that values human rights, justice and mercy.  The Malaysian Bar calls on the Malaysian Government to immediately abolish the death penalty. 

 
Ragunath Kesavan
President
Malaysian Bar

6 August 2010

Comments (1)Add Comment
We need to assist our young Malaysian daughters and their parents.
written by Tan Peek Guat, Saturday, August 07 2010 08:57 am

Thank you, Mr President.

However, if Kapal's proposal of the death penalty for rape is not supported by the Bar, what then, could be proposed by the nation/ the Bar in order to deter the acts of molestation and rape by the sexual maniacs upon our young, vulnerable females/daughters?

The situation has become serious now:

a) as evidenced by the large number of illegitimate children born;

b) new-borns being discarded without any human feelings;

c) taking into account the large number of illegal immigrants hiding / running around in Malaysia - with their sexual weapons which can be misused by them, and at their liberty;

d) many young female lives have been curtailed of their 'freedom' and 'fun' on account of the frequent instances of molestation and rape of young females - to the extent that parents worry about their daughters' well-being.

e) many daughters' private lives have been 'destroyed' by the more muscular and assertive males who are brave, bold, and sexually attuned to molest and rape others' young female children/ daughters without any conscience.

f) if illegals dare to come into Malaysia illegally, what is it to deter them from raping and molesting our young females - knowing well that they can easily escape after committing their unwanted acts upon our young females?


Malaysians need to look into this matter seriously in order to curtail and/or to prevent the recurrence of rape and molestation rather than to assist in alloting unwanted children to other barren married couples who are waiting to accept them as adopted children.

All Malaysians need to truly be committed towards the reduction of instances/ the erradication of molestation and rape of our young females in Malaysia.

Regards

Tan Peek Guat


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