October 10th marks the World Day Against the Death Penalty and the theme this year has been set as a “reflection on the relationship between the use of the death penalty and torture or other cruel, inhuman, and degrading treatment or punishment” taking into account confessions extracted through various torture methods including psychological suffering.
This year I wish to dedicate my statement to Narges Mohammadi, Nobel Peace Prize laureate -Iranian freedom fighter, women’s rights defender and anti-death penalty advocate sentenced to 31 years in a notorious prison in Iran, a nation disreputable as having the highest number of executions in the world and to the Palestinian freedom fighters, particularly those who are in prison and facing torture, abuse and cruelty and also peace loving Israelis who oppose all forms of violence including the death penalty. Narges has been documenting ongoing torture and sexual assaults by security officers and vows to continue to fight for the rights of women to be recognised, defended and protected at all cost.
As we speak, thousands of innocent lives have been lost in the offensive by Hamas on Israel and its response by declaring war on Gaza and there seems to be no end in sight. In the midst of the brutality there are close to 1 million Palestinians in Israeli prisons under 1600 military orders and since 2000, more than 12,000 Palestinian children have been detained by the forces.
While Israel still has the death penalty, the State of Palestine is a de facto abolitionist state. However, under Hamas the death penalty was used on 23 Palestinians in 2014. As an abolitionist nation, the State of Palestine signed and ratified the International Covenant on Civil and Political Rights (ICCPR) in 2014 and its Second Optional Protocol aiming at the abolition of the death penalty (ICCPR-OP2) in 2019 – something Malaysia has yet to sign and ratify.
The focus this year with these 2 symbolic circumstances – Narges Mohammadi, Nobel Peace laureate serving time in Iran’s ill-famed prison to the plight of prisoners in Israeli and Palestinian prisons is a stark reminder of the morbid relationship between the death penalty and torture in prison.
Unchecked abuses of power is a direct result of the erosion of democracy, freedom, accountability, transparency, justice, rule of law and often the most vulnerable, the voiceless, the minorities, including prisoners on death row have it the worst and this must be reversed.
The State of Palestine had ratified the UN Convention against Torture and Cruel, Inhuman or Degrading Treatment or Punishment in 2014 but have ironically undergone decades of oppression, torture and inhuman and degrading treatment by the overzealous and ultra-conservative Israeli Government.
Even going through an insufferable nightmare for decades, the State of Palestine has ratified important human rights conventions for it to move forward and project itself as part of a global community giving importance to upholding human rights and particularly in abolishing the death penalty.
Malaysia must follow suit and ratify the UN Convention against Torture and Cruel, Inhuman or Degrading Treatment or Punishment as well as urge Iran to stop all forms of torture, free its political prisoners, halt executions and to impose a moratorium in the state.
I stand in solidarity with freedom fighters and abolitionists in Iran and in the State of Palestine and even in Israel who believe in peace, rule of law, democracy, justice and truth. This World Day Against the Death Penalty should be dedicated to all those who have been victims of torture and inhuman treatment all over the world and for a united call to end to such archaic treatment of prisoners, especially those on death row.