Death penalty – In the footsteps of Indonesia, Malaysia as ASEAN Chair, must press on requesting for citizens on death row in other ASEAN countries to be sent home for resentencing

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From the 15th of December 2024 till yesterday, the 5th of February, death row prisoners from Australia, Philippines and France who have been serving between 15 to almost 20 years in Indonesian prisons on drug related offences have been sent home to their respective countries. This includes 5 from Australia, Mary Jane Veloso of the Philippines and Serge Atlaoui who arrived in France yesterday. These men and women will either serve time in rehabilitation and in the case of Mary Jane Veloso – awaiting for a decision on pardon from the President and Serge Atlaoui, from the French court.

This herculean, heroic and courageous decisions were made through political agreements signed between Australia, the Philippines and France in light of its citizens on death row for many years and the fact that Indonesia still has the death penalty.

In the words of Eduardo Jose De Vega, the undersecretary for migration affairs at the Philippines Foreign Affairs Department, Mary Jane Veloso’s transfer was “evidence of the success of diplomacy between the countries in upholding the principles of the supremacy of law and respect for human rights”. What is monumental here is the understanding and agreement that these prisoners were released as prisoners in respect of Indonesian law and if released by the courts or the Government of the respected countries, that Indonesia respects the decision as well.

This understanding and political maturity is much needed in the ASEAN region and must be stated in a common framework for all countries in ASEAN to navigate together through a sea of corruption, abuses of power, drug trafficking and drug related offences in the spirit of togetherness,

On Malaysian soil, the family of Pannir Selvam wait with bated breath on any positive outcome on Pannir’s case. Pannir Selvam has been on death row in Singapore since 2017 after being arrested for trafficking 51.48g of heroine at the Woodlands Checkpoint and is facing imminent risk of execution in Singapore. He was 27 at the time of arrest and will turn 37 in July this year.

He was lured by a person who gave him a “job” transporting a package to which he was absolutely unaware of the contents, not a clue that it was drugs. Evidently, Pannir is a drug mule and one of the persons who asked him to transport the package still remains at large.

With Malaysia making a landmark decision in 2023 to abolish the mandatory death penalty and a review process in court for those on death row for resentencing, many have been released but many have also had their sentences upheld. In addition, 2 Malaysian men held in Guantanamo Bay, who pled guilty as money couriers to support terrorist activities were released in December 2024 but will undergo comprehensive rehabilitation and an assessment process before reintegrating back into society. Surely the MADANI Government can apply the same principles in Pannir’s case.

Now as Malaysia takes on the Chair of ASEAN with the theme of “Inclusivity and Sustainability”, it is pivotal that the MADANI Government provides equal access to justice to all Malaysians – on home ground and those abroad; and in this case, to exhaust all avenues to come to a political agreement to ensure that Pannir Selvam is returned to Malaysia for a resentence.

If Malaysia intervened for a stay of execution for Malaysian death row prisoner Nagaenthran Dharmalingam in 2022, and with the abolition of the mandatory death penalty, now is the time for the Government to show seriousness and intent to negotiate an agreement for Pannir Selvam to be brought back to Malaysia.

Kasthuri Patto
DAP Deputy Secretary
International Affairs Department

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