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  1. #51
    Senior Member CnCP Legend Mike's Avatar
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    25 Nepalis on death row rescued from Malaysia

    My Republica

    As many as 25 Nepali citizens spending their time in prisons in Malaysia have been repatriated home with the support of the Non-Resident Nepali Association. They had reached Malaysia in search of employment but were later arrested for various reasons and were awaiting death sentences.

    According to NRNA Vice-Chairman Dr Badri KC, as many as 25 Nepalis who were arrested by the Malaysian Police on various charges have been sent to Nepal on Thursday. Among them, Raj Kumar Shah, 38, of Sunsari, two females among 22 others were awaiting capital punishment. Rajkumar along with two others were arrested on July 29, 2018, for their involvement in the illegal drugs trading business and were sentenced to death by the High Court.

    After the death sentence was handed down by the high court, the prince appealed to the Supreme Court with help and financial support from the Nepali Embassy in Malaysia. The Nepalis have been released from jail and sent back to Nepal through the relief and rescue program under the Foreign Employment and Welfare Department of the NRNA coordinated by Vice-Chairman Dr Badri KC.

    The Nepalis were released from jail after NRNA paid the fines, sorted out the paperwork and prepared the necessary travel document, and tested them for COVID-19 through PCR, which paved the way for them to return home.

    Along with Shah, Bhupendra Bhandari, Himanchal Mauriya, OK Kumar Yadav, Tikaram Praja, Parasnath Yadav, Karna Bahadur Tamang, Hridesh Kewat, Krishna Kumar Mandal, Kaimulla Miya, Raj Kumar Majhi, Karna Bahadur Pun, Bel Bahadur Thami, Purna Bahadur Sunari, Aash Bahadur Kami, Baburam Thapa, Disan Sunar, Sanjay Kumar Yadav, Jagalal Tamang, Ramnath Pandit, Sapana Tamang, Junu Maya Bomjan, Balan Rai and Chatra Bahadur Neupane are among the Nepali rescued from death row.

    After landing in Kathmandu, they were accommodated in the shelter of the Pravasi Nepali Coordination Committee (PNCC) under the coordination of the NRNA. They were received at the airport by association volunteers. The travel expenses for the rescued Nepali to return to their respective homes will also be provided by the NRNA.

    https://myrepublica.nagariknetwork.c...from-malaysia/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  2. #52
    Senior Member CnCP Legend Mike's Avatar
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    Explained: Cases where death penalty is ‘mandatory’, and what is about to change in Malaysia

    By Rishika Singh
    Indian Express

    India is among the countries that persist with the death penalty as the maximum punishment, but it is not mandatory for any crime.

    Malaysia’s government, in a statement released on June 10, has said it will abolish the ‘mandatory’ death penalty — the required execution of individuals convicted of certain crimes. Once the government’s decision comes into effect, lesser punishments can be given for these crimes.

    Capital punishment in Malaysia is given mostly to drug offenders. As of February 2022, of the more than 1,000 people on death row, 905 have been convicted of charges related to drug trafficking, according to government data. Once the death penalty ceases to be mandatory, Malaysia will join a large number of “abolishment” countries that have stopped the punishment either in law or in practice over the last few decades.

    India is among the countries that persist with the death penalty as the maximum punishment, but it is not mandatory for any crime.

    In some countries (like Malaysia until now), the death sentence is imposed as the mandatory or only punishment for certain crimes. A judge does not have the discretion to give a lesser punishment, or to consider aspects such as the circumstances in which the crime was committed or of the defendant before handing out the sentence.

    In Malaysia, terrorist acts, murder, and rape resulting in death carry the mandatory death penalty. The Malaysian government had made a similar announcement on ending the mandatory death penalty in 2018, but had failed to follow through, Reuters reported. The recommendation last week came from a government committee reviewing alternative punishments. But no details have been provided on when the recommendation would translate into law.

    Which countries have the mandatory death penalty?

    Barring a few exceptions and certain specific offences, most countries allow capital punishment to be reduced to a life sentence or alternative sentences. Some Islamic nations have the punishment for blasphemy, the offence of contempt against God or other sacred objects or people in a faith.

    In Pakistan, a court order in 1991 made blasphemy mandatorily punishable with death, which made the country’s blasphemy laws stricter than in Saudi Arabia and Iran, which execute more people than Pakistan, but where judges have wider powers in awarding other punishments. Drug offences, as in the case of Malaysia, also carry mandatory death penalty in a few other countries, especially in Southeast Asia. Singapore prescribes it for manufacturing, importing and exporting specific drugs.

    In 2022, UN human rights experts said capital punishment for drug-related crimes ran contrary to international law. “States that have not yet abolished the death penalty may only impose it for the ‘most serious crimes’. Under international law, only crimes of extreme gravity involving intentional killing can be considered as ‘most serious’. Drug offences clearly do not meet this threshold,” they said.

    Studies have shown that public support for retaining the penalty is significant in Singapore, with people believing that it helps make the country safe. According to the government of Singapore, the death penalty is applicable only to a “very limited number of offences, involving the most serious forms of harm to victims and to society, such as intentional murder and trafficking of significant quantities of drugs”.

    https://indianexpress.com/article/ex...aysia-7969263/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  3. #53
    Senior Member CnCP Legend Mike's Avatar
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    Malayasia has just held their general election. Which has resulted in the right and left wing within two seats of a majority. Which may result in a snap election. Of note is that the Muslim Brotherhood affiliate party, Malaysian Islamic Party which wants implement sharia law has won the most seats out of any party after receiving 20% of the vote. A snap election will likely give them more. As we know Sharia Law means alot of executions.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  4. #54
    Senior Member CnCP Legend Mike's Avatar
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    Malaysia plans to end life sentencing and axe death penalty in slew of prison reforms

    Bloomberg

    Malaysia plans to do away with life imprisonment and drop capital punishment for six offences, as the new government seeks to reform the Southeast Asian nation’s criminal justice system.

    The move expands on the country’s earlier plan to end the mandatory death penalty, allowing judges the discretion to mete out alternative punishment. A bill on the proposed changes will be tabled in Parliament on March 27, Law Minister Azalina Othman Said told the Senate in Kuala Lumpur on Thursday.

    Thirty-four offences, including murder, drug trafficking and terrorism, are currently punishable by death in the Southeast Asian nation. Eleven of them carry a mandatory death sentence.

    If lawmakers approve the proposed legislation, the death penalty may only be an option in offences related to causing death, harming the royal rulers, and drug trafficking. And with life sentencing off the table, Malaysia is proposing imprisonment of between 30 to 40 years and whipping as an alternative to hanging in those offences.

    Due to its retrospective nature, the move would affect 476 prisoners who have yet to complete their appeals process in the courts, said Azalina.

    Meanwhile, under the new proposals, capital punishment will no longer be applicable to offences related to discharging or trafficking in a firearm, manufacturing arms without a license, and kidnapping, according to a spokesperson from the ministry.

    Malaysia will also seek parliament’s approval to allow the Federal Court to review past sentencing of capital punishment and life imprisonment, Azalina told the Senate. The move could impact 957 prisoners, she said.

    The changes would result in a criminal justice system that is “more holistic and inclusive for the common good, while not denying the individual’s basic right to justice,” said Azalina.

    More than two-thirds of nations have abolished the death penalty in law or in practice, according to Amnesty International.

    https://www.scmp.com/news/asia/south...prison-reforms
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  5. #55
    Moderator Bobsicles's Avatar
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    Screw that. I’ll take hanging over being whipped with a cane.
    Thank you for the adventure - Axol

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  6. #56
    Administrator Helen's Avatar
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    Malaysian Lawmakers Approve Bill to Abolish Mandatory Death Penalty, Life Imprisonment

    By Anisah Shurry and Kok Leong Chan
    Bloomberg

    Malaysian lawmakers voted in favor of abolishing the mandatory death penalty and lifelong imprisonment, a landmark move that the government said was to respect each individual’s right to life.

    The Parliament House of Representatives approved the bill after years of effort by successive governments to make the death penalty optional in the Southeast Asian nation. The bill will next be brought to the government-controlled senate for approval, before it is presented to the king and gazetted into law.

    “In line with the purpose of respecting the right to life for every individual, the basic principle behind every punishment in Malaysia is the rehabilitation of prisoners,” Deputy Law Minister Ramkarpal Singh said in parliament Monday. This is so they may return to society and serve the community after completing the punishment process, he said.

    The amendments will see the death penalty remain as an option for nine offenses ranging from drug trafficking, terrorism to murder, according to Ramkarpal. Judges will have the discretion to sentence offenders to between 30 to 40 years imprisonment and at least 12 strokes of the rotan instead of hanging.

    Capital punishment will be abolished altogether for several other offenses — including two that carry the mandatory capital punishment. And Malaysia will substitute imprisonment for life with a jail term of not more than 40 years, according to Ramkarpal.

    The bill was approved through a voice vote after about two hours of debating among lawmakers. Opposition MPs objected the move, saying that it would deprive victims of justice.

    “It is unfair to remove the mandatory death sentence for major crimes such as murder, as the victims’ families also want retribution for the loss of their loves ones,” said opposition lawmaker Mas Ermieyati Samsudin on Monday.

    Although more than 70% of countries have abolished capital punishment in law or in practice, the system continues to exist in many parts of the world, according to the Death Penalty Information Center tracking agency.

    Singapore has been a staunch defender of capital punishment, which the Home Ministry has said is more effective in deterring serious crimes than life imprisonment. The city-state carried out 11 judicial executions last year, all for drug-related offenses, according to the Singapore Prison Service.

    –With assistance from Philip J. Heijmans.

    https://time.com/6267931/malaysia-ma...death-penalty/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #57
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Abolishment of mandatory death penalty gazetted, to come into force tomorrow

    By Muhammad Yusry
    Malay Mail

    KUALA LUMPUR, July 3 — The abolishment of the mandatory death penalty will come into force tomorrow as the Abolition of Mandatory Death Penalty Act 2023 has been gazetted.

    Malay Mail’s check with the Malaysia Federal Legislation website showed the gazettement dated June 30, 2023 and signed by de facto law minister Datuk Seri Azalina Othman Said was uploaded today.

    “In exercise of the powers conferred by subsection 1(2) of the Abolition of Mandatory Death Penalty Act 2023 (Act 846), the minister appoints July 4 2023 as the date on which the Act comes into operation,” said the statement.

    The Dewan Rakyat passed the Bill proposing to make the death penalty an option and no longer mandatory after it was tabled for its third reading on April 3.

    The Abolition of Mandatory Death Penalty Bill would give judges the discretion on the death penalty rather than requiring them to do so when convicting on offences that made them mandatory.

    The amendments in the Bill also include replacing life and natural life imprisonment (until death) as an alternative to the mandatory death sentence, with the new alternative of jail of between 30 and 40 years as well as no fewer than 12 strokes of the cane.

    The Abolition of Mandatory Death Penalty Bill 2023 was tabled for first reading in the Dewan Rakyat by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on March 27 this year.

    Azalina’s predecessor, Datuk Seri Wan Junaidi Tuanku Jaafar, had tabled a similar piece of legislation on October 6, 2022, but Parliament’s dissolution to pave the way for the 15th General Election meant it was never put before lawmakers for debate.

    Since July 2018, Malaysia has placed a de facto moratorium on executions pending institutional reforms undertaken by the various administrations that have existed in that time.

    The last death row prisoner was hanged in 2017 but because legislation carrying the mandatory death penalty has remained effective, the courts have been bound to continue sentencing defendants to death despite the moratorium on executions.

    https://www.malaymail.com/news/malay...tomorrow/77669

  8. #58
    Administrator Helen's Avatar
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    Body in suitcase: Husband, wife sentenced to death

    By The Borneo Post

    SIBU (July 31): A couple from the Klang Valley was sentenced to death by the High Court here today for the murder of a 38-year-old woman in 2020, whose body was found in a suitcase dumped by the roadside.

    Judge Datuk Christopher Chin pronounced the sentence against Seow Pei Chie, 41, from Subang Jaya, Selangor and her husband Cheung Chai Ming, 41, from Jalan Tun Sambathan, Kuala Lumpur after finding them guilty of killing Heng Heow Lin, 38.

    The couple was charged under Section 302 of the Penal Code read together with Section 34 of the same Code.

    The Section provides for the death penalty or imprisonment for a term not less than 30 years but not exceeding 40 years, and if not sentenced to death, shall be punished with whipping of not less than 12 strokes, upon conviction.

    Based on the charge sheet, Seow and Cheung were accused of causing the death of Heng between Oct 4, 2020 at about 10pm and Oct 6 at about 6am at a house at Jalan Tong Sang here.

    Justice Chin in delivering his verdict said the defence had failed to raise a reasonable doubt against the prosecution’s case.

    Among the evidence accepted by the court was the statement by a fellow prostitute who testified having witnessed the accused frequently assaulting Heng when she failed to earn sufficient money from vice activities to repay her late husband’s debt to the couple.

    The court had also accepted a statement by Cheung against his wife, in which he said that Seow had intentionally caused bodily injury to Heng by repeatedly bashing her head against a wall and then strangling her with a red towel.

    Justice Chin noted that the couple had made statements where they accused each other of committing the acts leading to the death of the victim, with Seow also having been witnessed to have a habit of becoming violent when in a rage.

    “The deceased’s death was caused by or as a consequence of the acts of Seow in furtherance of a common intention with Cheung. As to the common intention, there is no evidence offered by Cheung to distance himself from the acts that resulted in the death of the victim.

    “There was no assertion by him that he tried to stop the violent attacks by Seow, and he did not seek medical attention for the victim. The opposite is true – he assisted in helping to dispose of the victim’s body.

    “A fellow prostitute of the victim had observed frequent beatings on the victim inflicted by both the accused,” he said, adding that Heng’s daughter, who at one time resided here with her, was also subjected to daily scolding and beatings.

    In explaining his decision to sentence the couple to death, the judge said it was made after considering the pattern of abuse and brutality inflicted on the victim.

    “The facts of this case will shock anyone in civil society. You have subjected the victim and her teenage daughter to years of torture, fear and physical abuse.

    “You lived off her earnings as a prostitute and when she did not earn enough, you became violent towards her. You were also prepared to prostitute the daughter of the deceased for your own monetary gain as moneylenders.

    “The victim died a brutal death. The autopsy report showed that she had blunt force trauma on her head consistent with having her head violently knocked onto the wall and after all that violence, she was strangled to death.

    “Civil society will find it hard to believe that such manner of abuse exists today and in their midst,” he said.

    Justice Chin said the only solace he could take from the case was that Heng’s daughter had managed to escape from the couple’s psychological and physical abuse, and that the deceased was now free from the violence and mental torture inflicted by the accused.

    “This was not a random isolated physical beating but had gone on for a long time. It is hard to construe the murder as unintentional. After the death, the deceased was bundled by both of you into a suitcase and dumped on roadside.

    “This act could not have been done by any one of you alone, but must have been carried out by both of you together,” he said.

    The prosecution was led by Deputy Public Prosecutor Mark Kenneth Netto, while the two accused were represented by lawyers Yap Hoi Liong and Jacob Wong.

    https://www.theborneopost.com/2023/0...nced-to-death/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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