Document - UA 255/92 - Malaysia: death penalty: Tan Bee Lee
EXTERNAL (for general distribution)AI Index: ASA 28/10/92
UA 255/92Death Penalty5 August 1992
MALAYSIA:Tan Bee Lee, female
On Monday 27 July 1992, the Supreme Court sitting in Kuala Lumpur rejected an appeal against the death sentence imposed on Tan Bee Lee by the Alor Start High Court on 7 July 1991.
Tan Bee Lee, a housewife, was found guilty of trafficking in 2.3kg of cannabis in Kuala Muda Kedah.
All death sentences in Malaysia are automatically reviewed by a Pardons Board. As Tan Bee Lee's case was originally heard by the High Court in Kedah, her case will be reviewed by the Pardons Board for Kedah, which will pass it's recommendations to the Yang di-Pertuan Agong, King, who has sole authority to grant pardon, suspend or commute the sentence. This is the last avenue of appeal for clemency. To Amnesty International's knowledge, however, there have been only two occasions when a Pardon's Board has commuted a death sentence.
The death penalty was introduced as the maximum punishment for drug offences under a 1975 amendment to the Dangerous Drugs of 1952. In April 1983 the death penalty for drug trafficking became mandatory when the Malaysian Parliament further amended the Act and withdrew a judge's discretion to impose a life term. Trafficking is presumed if the accused is convicted of possessing more than 200 grams of cannabis, 15 grams of heroin or morphine or 1,000 grams of opium.
Amnesty International opposes the death sentence 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: Please send telegrams/telexes/faxes and airmail letters:
- expressing concern that Tan Bee Lee has been sentenced to death and that she now faces execution as the Supreme Court has upheld this decision;
- stating Amnesty International's unconditional opposition to the death penalty;
- urging that the all death sentences, including that of Tan Bee Lee, be commuted and that no more death sentences be imposed.
1. Head of State for Kedah
Sultan DYMM Tunku Haj Abdul Halim Mu'sdsam Shah ibni
Al-Marhum Sultan Badlishah
Telegrams:Head of State, Alor Star, Kedah, Malaysia
Telexes:42265 SUKED MA
Salutation: Your Majesty
page 2 of UA 255/92...
2. Prime Minister
YAB Dato' Seri Dr Mahathir bin Mohammad
Prime Minister Mahathir
Telegrams:Prime Minister Mahathir, Kuala Lumpur, Malaysia
Faxes:+ 60 3 238 3784; + 60 2 38 7214; + 60 3 238 7215
Telexes:30098 EPUPM MA; 30091 LARAS MA; 30099 PERMA MA
Salutation: Dear Prime Minister
COPIES OF YOUR APPEALS TO:
The Ministry of Justice
YB Datuk Syed Hamid bin Syed Jaafar Albar
Ministry of Justice
Jalan Raja Laut
50506 Kuala Lumpur
Faxes:+ 60 3 293 4754
The Attorney General
Tan Sri Abu Talib bin Othman
Attorney General's Office
20th Floor, Bangunan Bank Laut
50305 Kuala Lumpur
and to diplomatic representatives of Malaysia accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat or your section office, if sending appeals after 16 September 1992.