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The Barlow and Chambers executions were the hangings in 1986 by Malaysia of two Westerners, Kevin John Barlow and Brian Geoffrey Shergold Chambers of Perth, Western Australia, for transporting 141.9 g of heroin. [21] Singh attempted to have Galbally charged with contempt. Barlow was later introduced to Chambers in Perth. If you have lost your password, you must set a new password. As Australian public support for Barlow and Chambers was minimal, Malaysia risked little diplomatic damage from carrying out the execution.[18]. Masego Rahlaga | 4 years ago. The information Barlow gave to Mengler during this interview was later corroborated by Debbie Colyer-Long. [10], Initial plans were that Barlow and Chambers conceal the drugs by inserting some packages into their anuses and swallowing the rest. Found inside Page 308Drug offending is capital in many high and low execution nations, especially in Southeast Asia. As of 2007, at least 34 of the But a 1991 report on Malaysia's mandatory death penalty for drugs concluded that the capital solution He had also been threatened with the repossession of his car. Barlow had become very nervous after the collection of the drugs. Found insideThe best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. [6] Barlow was initially confident the drug run would be successful. SINGAPORE - Since the Pakatan Harapan government took power in Malaysia around a year ago, it has made three requests to stop executions of Malaysians in Singapore, two of whom are drug . On this date in 1986, Malaysia hanged Australian nationals Brian Chambers and Kevin Barlow for trafficking heroin. In 2012, Singapore amended some of its laws related to the mandatory death penalty and returned some discretion to the courts. [12], Taken to an interview room they were asked to open the suitcases. [9], The proposed drug run had been openly discussed by John Asciak and Kevin Barlow in the household of Debbie Colyer-Long prior to the event. Capital punishment, also called the death penalty, is a legal penalty in Malaysia which is currently on moratorium. Barlow and Chambers were locked in a two by three-metre cell together with up to three other prisoners for 22 hours a day, with an exercise period being allowed only if all cellmates had behaved that day. "[25], At a press conference that was held after the hangings Mahathir criticised the use of the word "barbaric" and said it should not have been used to refer to Malaysia because "we have never had any lynchings and things like that which only barbarians like to do." They were sentenced to life imprisonment in Bangkok's notorious Bang Kwang men's prison, the Bangkok Hilton. For Warren Fellows, it was the beginning of twelve years of hell. The Damage Done takes you behind the bars of a Bangkok prison. The drug habits of Barlow and Chambers were likewise not mentioned at the trial as it would have prejudiced their cases, and exposed the heroin trade inside Malaysian prisons. Galbally was accompanied by Allen Bartholomew who was the Victorian Chief Prison Psychiatrist. Singapore on Friday hanged a Malaysian convicted of drug trafficking, the latest in what rights groups said was a series of executions prompting them to renew calls for the wealthy city-state to . Cambodia, the Philippines, East Timor, and Mongolia have abolished it, while others including Vietnam and Singapore have reviewed the scope of the laws surrounding its use. July 6 1986: On this day Brian Chambers and Kevin Barlow became the first Westerners to hang under Malaysia's drug laws. [8], Barlow was a novice on his first drug run; he was convinced by organisers that as Chambers was an experienced drug courier the plan would proceed smoothly. Found insideThey let her into their lives and she watched them transform from angry, defiant young inmates into fully rehabilitated, good men. This is the intimate, and untold, story of Andrew and Myuran. At present, apparently there is a moratorium on executions for drug trafficking, which carries the mandatory death penalty, as mentioned by Edmund Bon Tai Soon, Malaysia's Asean Intergovernmental Commission on Human Rights representative, who was reported as saying, "Malaysia's moratorium, I understand, is only for drug trafficking cases . Both Malaysia and Singapore execute murderers and drug traffickers by hanging, a system which dates back to British colonial rule. He also said that hanging as a method of executing criminals originated in the West. [18], Galbally was not in court for the final decision of the appeal; Australian officials reported that he had left Malaysia on the night of 17 December after apologising to the Supreme Court over the row over contempt. The government first indicated the possibility of review six years ago. The ministries noted in their statement that Malaysia had, in a previous statement on a similar case, said it respected the rule of law and due process of Singapore. Singapore insisted it had . Found inside Page 81because the penalty falls most heavily on drug runners and mules rather than on big-time lords, undermining the of actual executions: drug trafficking offenses may account for as many as 69% of judicial executions in Malaysia Culture. He was depressed, consuming a lot of alcohol and marijuana after losing his girlfriend. [23] Relations between the two nations were reportedly affected for a decade afterwards. Amnesty International Malaysia today criticised Malaysia for continuing to carry out executions in secrecy, in direct violation of international standards. The biggest example of that this year is Indonesia. She was caught with 1.5kg of crystal meth. Many on death row are drug mules. It is a mandatory sentence for 12 offences including murder, drug trafficking, treason, acts of terrorism, waging war against Yang di-Pertuan Agong, and, since 2003, for rapists that cause death and child rapists. Found inside Page 307307 drug trafficking.14 The two countries defy the global correlation of wealth with death penalty abolition, accounting for as many as 69% of judicial executions in Malaysia and 76% of executions in Singapore.16 In 1981, Chambers opened the bags he was carrying. It is probable that executions for drugs have taken place in Viet Nam, Malaysia and North Korea. Giada Girelli - Speaking Points. [27] In the past years, there has been a shift towards a more humanitarian approach towards drugs in Malaysia. 2 In Indonesia, a 5-year moratorium . Asciak spent much time at the residence of his girlfriend Debbie Colyer-Long and got to know her boarder, Kevin Barlow. [22], Malaysia had introduced the death penalty for drug trafficking in 1983 as a reaction to a burgeoning drug trade in the region. [7] After the Singapore meeting they disobeyed orders by travelling together and sharing the same hotel rooms; they had been directed to stay apart. At the appeal Singh had argued that Barlow's shivering could be attributed to his existing medical condition, or a foreigner's "unease" at being confronted by police. Chapter one of the World Drug Report 2016 provides a global overview of the latest statistics, trends and developments with respect to opiates, cocaine, cannabis and synthetic drugs, ranging from production to trafficking as well as Malaysian Minister in the Prime Minister's Department (Law) Liew Vui Keong on Wednesday urged Singapore to show mercy ahead of the execution of convicted Malaysian drug trafficker Abd Helmi Ab Halim, saying that it was "unjust and disproportionate for drug mules to bear the fate of the gallows", according to Bernama. The survey of a representative sample of 1,535 Malaysian citizens from all over the country, was carried out by Ipsos Malaysia, a leading market research company. [1] Barlow's family made appeals to Prime Minister of the United Kingdom Margaret Thatcher to make a protest about the impending execution, and Australian Minister for Foreign Affairs Bill Hayden made an appeal for clemency to the Malaysian government. Chambers was represented at the appeal by Perth barrister Ron Cannon. While Chambers was an experienced drug courier, Barlow was a rookie; reportedly, his visible nervousness in the airport gave the . Today, two-thirds of the world's nations have abolished the death penalty, either officially or in practice, due mainly to the campaign to end state executions led by Western European nations. [17], On 1 August 1985 Barlow and Chambers attended their sentencing hearing to learn they had received the death sentence by hanging. 28 May 2020. of the Dangerous Drugs Act 1952 has had no effect on drug use in Malaysia. She prepared the mixture of 75 sleeping tablets dissolved in gin, whisky and brandy in her hotel room and smuggled it into the prison in a small plastic bottle concealed in her handbag. [5] At the time Barlow was on compensation after injuring himself at work. Low said the changes could provide a useful guide for Malaysia as it reviews its own legislation. [29] This meeting took place in January 1986. [16] Barlow's lawyer Karpal Singh was assisted by Melbourne barrister Frank Galbally at the appeal. In the past months, four young men have been sentenced to death for relatively modest charges on cannabis in Malaysia. [1] The executioner was Rajendran Kuppasamy, who retired later that year. 5 | Drug Offences and the Death Penalty in Malaysia: Fair Trial Rights and Ramifications Introduction The May 2018 election of the Pakatan Harapan Government marked a significant turning point in Malaysian politics; it was the first time that the Barisan Nasional party had lost power since Malaysia established its independence in 1957. The statement by the Law and Home Affairs Ministries urging Malaysia to do more in the anti-drugs fight came after . This is in recognition that it is a violation of the right to life and the right to be free from cruel, inhuman and degrading punishment. PETALING JAYA: A 36-year-old Malaysian man convicted of drug trafficking in Singapore was executed in Changi prison on Friday (Nov 22). - A convicted Malaysian drug trafficker was hanged in Singapore on Friday, officials said, after the city-state rejected last minute efforts to save him.The Malaysian government -- which decided . They have done it because its the right thing to do.. Malaysian lawmakers voted last year to amend legislation so that capital punishment, carried out by hanging, is no longer mandatory in drug-trafficking cases - but the changes have not yet come . "Only one in 10 countries worldwide used the death penalty last year," said executive director Shamini Darshni. The survey of a representative sample of 1,535 Malaysian citizens from all over the country, was carried out by Ipsos Malaysia, a leading market research company. The Malaysian government does not release data on executions or the number of people on death row. The conference felt that such comments should not have come from a national leader who upheld the law and that the statement had touched on the sovereignty of Malaysia's laws and the legal system. Barlow was not cuffed but used crutches due to a groin injury. Mediacorp Pte Ltd. All rights reserved. They said it gave the impression Australia belittled Malaysian law and "considers the capital punishment meted out to the two as uncivilised and unsuitable for this day and age." However, fearing her son would use it before all avenues of appeal had been exhausted she made the last-minute decision to keep the secret solution to herself. [13], When police handcuffed them, they were reportedly "shivering terribly". Edmund . Singapore executes Malaysian drug trafficker despite appeals. Since the death penalty was first introduced for drug crimes in Malaysia in 1975, hundreds have been executed. To continue, upgrade to a supported browser or, for the finest experience, download the mobile app. Nearly 1,000 people are believed to be on death row in Malaysia, half for drug offences. In Gobi's case, the presumption clauses in Section 18 came into play: The presumption in S18(1) wasn't an issue, since it was accepted by both the prosecution and the defence that Gobi had drugs in his possession . in Asia: China, Iran, Vietnam, malaysia, Singapore, and now Indonesia following a number of executions over the past 6 months.1 In Iran for example, more than 300 alleged drug offenders were hanged in 2014 alone, and 70-80% of executions in the last 5 years are thought to have been for alleged drug offences. [24] In response to the argument that no one has the right to take another's life, then-Malaysian Prime Minister Mahathir Mohamad replied, "You should tell that to the drug traffickers. In recent years, Malaysia has made significant progress in moving towards the abolition of the death penalty. Rights group says number of known executions worldwide rose with 15 percent last year, mainly due to Iraq and Iran. There is a deeply rooted hatred against drugs [in Indonesia], said Ricky Gunawan, director of Lembaga Bantuan Masyarakat Hukum, which provides legal assistance to people facing the death penalty. Edmund . A total of 41,168 arrests were made under s 39B alone in the years 2007-2016 (AADK 2011, 2016, 2017, 2018). [14], Barlow attempted to excuse his actions by claiming that he had been forced to take the trip and his girlfriend threatened to leave him if he refused. 'Cooperate or Die' also reveals how death penalty reforms introduced in 2013, while reducing the number of [] S'pore court grants M'sian drug mule stay of execution. [6], Australian Federal Police denied that they had tipped off Malaysian Police about the claims made by Trevor Lawson. [3] In 1980 Chambers imported heroin to Australia using body packing techniques, placing the drugs in his anus. SINGAPORE, Nov 22 Singapore's Ministry of Law (MinLaw) and Ministry of Home Affairs (MHA) in a joint statement urged Malaysia to do more in the common fight against drugs after the Republic turned down a plea for a convicted Malaysian drug trafficker to be spared the gallows. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal. Please copy this letter, sign it in. The International Relations Ministry has highlighted its warning against the crime, saying about 880 others are serving sentences or awaiting trial in foreign countries, with 169 in Brazil, 30 in Peru and 13 in Thailand. When this research project started, the economic and political context was very different - both at the global level and in Malaysia. However, with ongoing discussions to repeal the death penalty as a mandatory sentence, such as a bill tabled by the Malays In the past months, four young men have been sentenced to death for relatively modest charges on cannabis in Malaysia. This service is not intended for persons residing in the E.U. Not less than three South Africans have been found guilty of drug trafficking and are facing execution in Malaysia. [19], After the rejection of the appeal, Australia's Foreign Minister Bill Hayden contacted the Governor of Penang asking that the sentence be commuted to imprisonment on humanitarian grounds. Upgraded but still having issues? Critics also question the death penaltys deterrent effect. We note that under the amended act, three Malaysians have since been resentenced to life imprisonment, Low said. This article assesses the use of capital punishment for drug trafficking and related crimes from a comparative perspective. Prabagaran Srivijayan was sentenced to death in 2012 for trafficking 22.24 grams (0.8 ounces) of heroin, but has consistently maintained his [] The city-state, known for strict enforcement of laws and low crime rates, steadfastly maintains that capital punishment is an effective deterrent against crime [] Over the past 10 years, Asian governments, like much of the rest of the world, have reconsidered the death penalty. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice. Barlow was born in the United Kingdom in Stoke-on-Trent and held dual British and Australian nationaliti Chambers also testified that Barlow had attempted to bribe a policeman at the airport when the drugs were discovered. Speaking at a Central Narcotics Bureau event, Shanmugam said the . The European Union estimates at least three people were executed in 2013 and two in 2014 in the country. Prabagaran Srivijayan was sentenced to death in 2012 for trafficking 22.24 grams (0.8 ounces) of heroin, but has consistently maintained his [] Posted on November 26, 2019, Tuesday at 3:56 PM Court, . Crimes punishable by death include murder; drug trafcking; treason; waging war against the Yang Di Pertuan Agong; terrorism; kidnapping or abducting in order to murder; possession of rearm; hostage-taking; and abetting mutiny (armed force). The United Nations says drug offences do not meet the threshold for most serious crimes . This is how the Guardian reported the event. Malaysia's Pakatan Harapan government has made requests to Singapore to stop the execution of three Malaysians, two of whom were drug traffickers, revealed Minister for Law and Home Affairs K . "The use of capital punishment is an issue that every country has the sovereign right to decide for itself, taking into account its own circumstances and in accordance with its international law obligations," they said, adding that "there is no international consensus" on the use of the death penalty. The Golden Triangle, where Myanmar, Laos and Thailand meet geographically, still produces, Organised crime moves drugs by the tonne, said Julian McMahon, an Australian lawyer who has worked on death row cases in the region for more than a decade most recently for Australians Andrew Chan and Myuran Sukumaran, who were, We note that under the amended act, three Malaysians have since been, The death penalty: A wave of executions in Indonesia, Amnesty reveals global surge in executions, Its painful to leave home while its burning: Fleeing Kabul, Brazil Supreme Court weighs landmark Indigenous land rights case, Continuing the fight for US police reform, Excluded: How women suffer from digital poverty in the UK, Afghanistan: Panjshir forces claim hundreds of Taliban captured, Heavy gunfire heard in Guinea capital Conakry: Witnesses, Fighting rages in Afghanistans Panjshir Valley, Canada election: Conservatives under fire over gun control, Al Jazeera Centre for Public Liberties & Human Rights. Malaysia has executed three men for murder, their lawyer said, in what rights groups called a "secretive" hanging in which the men's families were given only two days notice. Nearly 1,000 people are believed to be on death row in Malaysia, half for drug offences. Just two. Chambers was given directions to the site and dug up the package. Daniel Munoz/Getty Images. This study shows that migrant smuggling routes affect every part of the world. It is based on an extensive review of existing data and literature. Found inside Page 259The highest per capita execution rate in the world is found in Singapore, where mandatory death sentences have led to nearly 400 drug-related executions since 1991. Hundreds have also been executed for drug offenses in Malaysia, Malaysians Against Death Penalty and Torture (Madpet) is happy that Malaysia have in place a moratorium on executions, especially for those languishing on death row for drug trafficking. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. "The United States and Malaysia share strong trade and investment ties and a commitment to generating prosperity through openness, democracy, and freedom." -- President George W. Bush Death sentence is passed against a woman who was immediately executed with three other people. Abd Helmi was executed at Changi Prison Complex on Friday, after an unsuccessful petition to Singapore's President for clemency.. [16], The appeal court on 18 December 1985 upheld the trial judge's decision to invoke the death penalty because the amount of the drug carried was in excess of the 15gram cut-off point used to distinguish users from traffickers. The court heard that Chambers had acknowledged ownership of the suitcase two days after the arrest. When policies are not working they should be changed, Minister in the Prime Ministers Department Paul Low told more than 300 delegates at a recent Asian Regional Congress on the Death Penalty. [31], "Kevin Barlow" redirects here. "It is therefore heart-wrenching to see a fellow citizen to be executed for circumstances entirely uncompelling, given the close proximity of our countries," he was quoted as saying. In 2013, the city-state ordered 13 people to be hanged many thought to be Malaysian . The argument occurred after the judges had adjourned for the day and left the court, and lasted for about five minutes. Malaysia currently carries the death penalty for crimes such as drug trafficking and murder, with 35 having been executed from 2007 to 2017. Nearly all of those shot by a firing squad Indonesias chosen method were foreign nationals. Please copy this letter, sign it in. Abd Helmi was sentenced to the mandatory death penalty in 2017 after he was caught trafficking 16.56g of diamorphine, or pure heroin. Other arguments of the appeal revolved around the credibility of the arresting officer's testimony, and questions of whether Barlow and Chambers acted with a "common purpose" in trafficking in the drugs. "The United States and Malaysia share strong trade and investment ties and a commitment to generating prosperity through openness, democracy, and freedom." -- President George W. Bush Death sentence is passed against a woman who was immediately executed with three other people.
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