EXTRA 67/91 - Malaysia: death penalty: Chuah Aun Peng
EXTERNAL (for general distribution) AI Index: ASA 28/12/91
Distr: UA/SC
EXTRA 67/91 Death Penalty 27 September 1991
MALAYSIA: Chuah Aun Peng, aged 44
On 18 September 1991, the Supreme Court in Kuala Lumpur unanimously rejected
an appeal against the death sentence imposed on Chuah Aun Peng, aged 44, by
the High Court in Penang on 25 March 1991.
All death sentences in Malaysia are automatically reviewed by a Pardons
Board. Chuah Aun Peng's case was originally heard by the High Court in Penang,
his case will now be reviewed by the Pardons Board for Penang. The board will
pass its recommendations to the Yang di-Pertuan Negeri (ruler) of the state
who has the authority to grant pardon, suspend or commute the sentence. Only
the Yang di-Pertuan Agong (King) of Malaysia or the head of one of the 13
individual states has the power to grant pardons or to commute sentences. In
this matter the Yang di-Pertuan Agong or Yang di-Pertuan Negeri acts on the
advice of the respective Pardons Board. This is the last avenue of appeal for
clemency. To Amnesty International's knowledge, there have been only two
occasions when a Pardons Board has commuted a death sentence.
BACKGROUND INFORMATION
The death penalty is provided for under a variety of laws in Malaysia and is
mandatory for some firearms offences, murder, and for certain drugs offences.
From 1985 to the end of December 1990, 84 executions took place to Amnesty
International's knowledge.
Amnesty International is opposed to the death penalty in all cases as
a violation of the right to life and the right not to be subjected to cruel,
inhuman or degrading treatment or punishment, as proclaimed in the Universal
Declaration of Human Rights.
RECOMMENDED ACTION: Telegrams/telexes/faxes and airmail letters:
- expressing concern that Chuah Aun Peng has been sentenced to death and that
the Supreme Court has upheld this decision;
- stating Amnesty International's unconditional opposition to the death
penalty;
- urging that the sentence be commuted and that no more death sentences be
imposed.
page 2, EXTRA 67/91...
APPEALS TO: (up to 15 per section)
1.
Head of State for Penang:
TYT Tan Haji Hamdan
Sheikh Tahir
[Salutation: Your Excellency]
Istana
Georgetown
Pulau Pinang, Malaysia
Telegrams: Yang di-Pertuan Negeri, Penang, Malaysia
Faxes: + 60 4 618 618
(please forward to the Head of State)
2.
Prime Minister
YAB Dato'Seri Dr Mahathir bin Mohamad
[Salutation: Dear Prime Minister]
Prime Minister's Department
Jalan Dato' Onn
50502 Kuala Lumpur, Malaysia
Telegrams: Prime Minister Mahathir
Kuala Lumpur, Malaysia
Telexes: 30098 EPUPM MA; 30091 LARAS MA;
33099 PERMA MA
Faxes: + 60 3 238 3784; + 60 2 238 7214;
+ 60 3 238 7215
COPIES TO:
The Minister of Justice
YB Datuk Syed Hamid bin Syed Jaafar Albar
Ministry of Justice
21st Floor
Bangunan Kuwasa
Jalan Raja Laut
50506 Kuala Lumpur, Malaysia
Faxes: + 60 3 293 4754
The Attorney General
Tan Sri Abu Talib bin Othman
Attorney Generals's Office
20th Floor, Bangunan Bank Laut
50350 Kuala Lumpur, Malaysia
and to diplomatic representatives of Malaysia in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 8 November 1991.