Of late, Prime Minister Anwar Ibrahim reportedly said he does not wish for disgraced former Prime Minister Najib Razak to suffer in prison like he did (Malay Mail, 21 January).
The PM’s ‘compassion’ is good, but does it extend to everyone in Malaysia – more so those under threat of being executed in other countries like Pannir Selvam, a Malaysian Christian?
There are more than 70 Malaysians at risk of being executed in other countries for various offences. The one most recently highlighted was Malaysian Paneer Selvam, at risk of being executed in Singapore any time now.
Seventy-four Malaysians have been sentenced to death abroad for drug trafficking offences as of early this month, according to Foreign Minister Datuk Seri Mohamad Hasan. He said that these death sentences were carried out in Brunei, China, Indonesia, Laos, Singapore, Thailand, and Vietnam. – New Straits Times, 17 October
Besides drug trafficking, there will be even more Malaysians facing the death sentence in other nation states for various other crimes.
Statistics are important, but what is more important is what has Malaysia done to prevent Malaysians from being killed?
Has the Malaysian government done its best to prevent Malaysians from being executed in foreign countries, including in Singapore?
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The prime minister and the government must tell us what was done for these Malaysians at risk of being deprived of life, and the response of these states to Malaysia’s endeavours to save lives.
Hopefully, equal effort had been taken for all Malaysians at risk of being executed, irrespective of the socioeconomic status of these people and their family, religion or ethnicity. Besides diplomatic efforts, has Malaysia also assisted to prevent executions through legal assistance?
The government must transparently reveal the efforts it has taken to keep Malaysians alive, safe from judicial executions.
Death penalty and moratorium on executions
Malaysia has abolished the mandatory death penalty since 4 July 2023 and even permitted the Federal Court by law to review all death penalty sentences. That has resulted in more than 800 (but not all) death row inmates’ death sentences being revised to imprisonment.
Malaysia also, once again in December 2024, voted in favour of the UN General Assembly’s resolution on a moratorium on executions pending the abolition of the death penalty – a position Malaysia has taken since 2018. Such a resolution will naturally be binding on all UN member states, including Singapore.
Thus, Malaysia now is obligated to work extra hard towards the abolition of the death penalty in the country and to act urgently to save the lives of Malaysians facing the death penalty in other jurisdictions, including Singapore.
Singapore and the death penalty
On 14 December 2024:
According to news reports, 25 prisoners have been executed in Singapore since 2022, with the authorities showing little prospect of softening their approach to capital punishment for drug traffickers. – Al Jazeera, 14 December 2024
It was reported in 2022, that:
…since 2010, a total of 14 Malaysians have been on death row there with ethnic Indians making up almost three-quarters of them at 11. Two Malays and one ethnic Chinese rounded up the list. – Malay Mail, 29 April 2022
Malaysians who have reportedly been executed by Singapore include Yong Vui Kong (2013), Dinesh Pillai Reja Retnam (2014), Wilkinson Primus (2014), Cheong Chun Yin (2015) and Nagaenthran K Dharmalingam (2022).
At risk of being executed at any time soon are other Malaysians, including one Pannir Selvam.
In Singapore, a person can now be hanged to death speedily after being given a just a four-day notice of executions. This makes it all the more urgent for Prime Minister Anwar to act fast to save Malaysian lives. The government cannot afford to procrastinate.
Singapore has also amended its laws to make it even more difficult for those at risk of execution to file court applications.
Malaysians Against Death Penalty and Torture (Madpet) hopes Singapore will change like Malaysia did, and not execute people anymore.
Imprisonment is more than a sufficient penalty, and there is no need to deprive one’s God given life. More importantly, there is always the risk of a miscarriage of justice.
It is of no use to find out that someone is innocent after he or she has been executed, like in the case of Chiang Kuo-ching, who was found to be innocent after he was executed in error in 1997 in Taiwan.
Singapore should provide all access to court easily and not make it more difficult, as there is always the possibility that new evidence and arguments may arise that will lead courts to acquit or vary the sentences.
Malaysia’s moral obligation
Now, Malaysia has the moral authority to act and urge these other nations not to put Malaysians and others to death and to respect the UN General Assembly resolution to impose a moratorium on executions pending abolition. The resolution was passed on 17 December 2024, with the support of more than a two-thirds majority, with 130 in favour, 22 abstentions and 32 against.
Even for UN member states that voted against, this UN resolution for a moratorium on executions reasonably is binding.
Malaysia also has the International Transfer of Prisoners Act 2012 and relevant treaties with countries where Malaysians are currently at risk of being sentenced to death, like the Singapore-Malaysia Prisoner Transfer Treaty, to bring back prisoners back to Malaysia.
Given that Malaysia at present has a moratorium on executions, it can keep alive Malaysians in other jurisdictions about to be killed, if they are brought back to Malaysia.
As chair of Asean, Madpet hopes that Malaysia will move Asean to also impose a moratorium on execution pending the abolition of the death penalty.
Madpet calls on Malaysia to protect the lives of all Malaysians overseas facing the risk of judicial executions, including Pannir Selvam.
Madpet reiterates the call for the abolition of death penalty – as the next step, at least the abolition of the death penalty for crimes that resulted in no deaths.
As the Malaysian prime minister is famous for his international trips, it is hoped that he will focus beyond just economic matters, but seriously consider preventing Malaysians from being deprived of their life, as is the case of those who are currently awaiting execution. Prime Minister Anwar should use Malaysia’s good relations to save them. – Madpet
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture (Madpet).
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