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汶莱暂缓针对同性恋者死刑新法

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汶莱于上月推行新法,同性恋者与通奸者将被施以死刑,引来国际挞伐。相信是为为平息国际怒火,汶莱苏丹哈桑纳.博尔基亚(Haji Hassanal Bolkiah)于星期日(5月5日)宣布暂缓死刑。

汶莱于四月初起实施《伊斯兰教刑法》(Syariah Penal Code Order,又称SPCO),针对同性恋、通奸者或窃盗者,最高刑法处以乱石砸死或断肢等不为人道的刑罚,而部分刑法也适用于儿童,引来国际强烈批评,甚至部分跨国公司取消与汶莱皇室合作;一些旅游公司也暂停推广汶莱旅游。

苏丹哈桑纳在穆斯林斋月开始前夕发表演说,他意识到新刑法存在许多问题与误解,但也为新刑法辩护,称后者在得到理解后会发现新刑法的“优点”。

共和联邦秘书长斯科特兰随即作出回应,指欢迎暂缓执行死刑,但亦促汶莱废止其他严厉的惩罚,例如截肢和鞭打。

苏丹哈桑纳也表示,将保障国家道德与人权利益,将支持《联合国禁止酷刑公约》即包括在世俗刑罚以及伊斯兰教刑法。

国际特赦组织吁停止该刑罚

汶莱是以石油和天然气致富的国家,多年来是以绝对君主宪制实施国家政策,故汶莱立法会立法议员由苏丹任命,没有民选立法机关。

苏丹哈桑纳统治期间,虽然签署了《联合国禁止酷刑公约》,但仍未正式承认之,在2014年也全盘拒绝了联合国人权检讨提出的建议。

在国际人权法下,诸如石刑、截肢或鞭打构成酷刑或其他残忍,不人道或有辱人格的惩罚,都应当禁止。

汶莱也没有签署和承认国际上大部分的禁止酷刑虐待人权协议。签署国会受到人权条约制约,实施酷刑行为都会在国际法下构成罪行。

根据人权观察组织指出,苏丹哈桑纳原于在2013年10月即正式下令颁佈《伊斯兰教刑法典》。而该法将分三阶段实施。第一阶段制定包括罚金刑和自由刑的条款;其後两年为第二、第三阶段,将陆续实施包括断手、鞭刑或以乱石砸死等刑罚的条款。由於该刑罚过于残忍,引起国际哗然,也延缓了最后两个阶段的实行。

然而,汶莱总检察长于2018年12月,悄悄发佈通知,将该法全面实施的日期定於2019年4月3日,引起国际的再次挞伐。

当时,为降低国际公愤,总理府发出声表明,表示该法典旨在“尊重与保障所有人的正当权利”。

而汶莱当局对于新刑法也作出回应,认为施以酷刑的用意在于“预防而非惩罚”,但仍然止不住国际的谴责,许多国际组织如国际特赦组织及联合国组织等斥责新刑法“残忍和不人道;美国名人如好莱坞影星乔治克龙尼,同志英国歌星艾顿庄也呼吁杯葛汶莱各地拥有的酒店。

国际特赦组织汶莱研究员霍华德在新刑法推出后,随即发表声明,呼吁该国政府应立即停止该刑罚,并根据人权义务检讨有关法律,合法化这些不人道的刑法,是令人震惊的。一些潜在的罪行根本不应被视为是罪行,包括同性成年人两厢情愿的性行为。

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Farewell to Dr Lee Wei Ling: Rain marks solemn tribute, echoing her father’s funeral

Dr Lee Wei Ling’s funeral was conducted on 12 October 2024, in Singapore, with family members leading the procession in the rain. In a heartfelt eulogy, her brother, Lee Hsien Yang, remembered her dedication to medicine and family. Dr Lee had requested a simple ceremony, with her ashes to be scattered at sea.

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Li Huanwu and Li Shaowu sending off their aunt, Dr Lee Wei Ling in the rain (Photo: Lianhe Zaobao/唐家鴻)

Dr Lee Wei Ling was farewelled on 12 October 2024, in a solemn funeral ceremony attended by close family members and friends.

The weather was marked by light rain, drawing comparisons to the conditions during her father, Lee Kuan Yew’s funeral in 2015.

Her nephews, Li Huanwu and Li Shaowu, led the procession, carrying Dr Lee’s portrait and walking side by side under the rain, symbolically reflecting the loss felt by her family.

In his emotional eulogy through a recorded video, her brother, Lee Hsien Yang, spoke of Dr Lee’s profound contributions to medicine and her unshakable devotion to family.

He described her as a remarkable individual whose life had left an indelible mark on those who knew her, as well as on Singapore’s medical community.

Expressing deep sorrow at her passing, Lee Hsien Yang reflected on their close bond and the immense loss he felt, having been unable to attend her final farewell.

He recalled his private goodbye to her in June 2022, a poignant moment that stayed with him during her last months.

Lee Hsien Yang also reiterated Dr Lee’s wish for a simple funeral, a reflection of her humility.

In accordance with her wishes, her body was cremated, and her ashes will be scattered at sea, symbolising her desire for a modest and unobtrusive departure from the world.

LHY acknowledged the efforts of his sons, Li Huanwu and Li Shaowu, for their role in managing their aunt’s care during his absence, thanking them for their dedication to her comfort in her final days.

During his eulogy for his sister, Lee Hsien Yang also conveyed a message from Dr Lee regarding the family’s long-standing issue surrounding their home at 38 Oxley Road.

Quoting from Dr Lee’s message, LHY said: “My father, Lee Kuan Yew, and my mother, Kwa Geok Choo’s, unwavering and deeply felt wish was for their house at 38 Oxley Road, Singapore 238629, to be demolished upon the last parent’s death.”

Dr Lee had been a vocal advocate for ensuring that this wish was honoured since Lee Kuan Yew’s death in 2015.

Dr Lee and LHY had strongly supported their father’s wishes, while their elder brother, Prime Minister Lee Hsien Loong, took a different stance. This disagreement led to a public and highly publicised rift within the family.

In her final message, Dr Lee reiterated: “Lee Kuan Yew had directed each of his three children to ensure that their parents’ wish for demolition be fulfilled. He had also appealed directly to the people of Singapore. Please honour my father by honouring his wish for his home to be demolished.”

Dr Lee had maintained a private life, focusing on her medical career as a respected neurologist. She was known for her candid views, often unflinching in her advocacy for transparency and integrity.

Her professional accomplishments, combined with her strong commitment to her parents’ legacy, made her a significant figure in both Singapore’s medical community and public discourse.

Diagnosed in 2020 with progressive supranuclear palsy (PSP), a rare neurodegenerative disorder, Dr Lee faced immense physical and emotional challenges in her final years.

The illness progressively affected her movement, speech, and ability to swallow.

Despite her health struggles, Dr Lee remained actively involved in public discussions, particularly on matters concerning her father’s legacy, until her condition worsened to the point where communication became difficult.

By March 2023, her brother LHY revealed that her condition had deteriorated significantly, and he feared he might not be able to see her again due to his own circumstances.

Even in her final months, Dr Lee maintained a close relationship with her immediate family, who cared for her during her illness.

Dr Lee’s funeral and cremation mark the end of a significant era for the Lee family and Singapore.

Her legacy as a dedicated neurologist and a firm advocate for her parents’ values will continue to resonate, even as the debates over the future of the Oxley Road property remain unresolved.

The rain that fell during her funeral, so reminiscent of her father’s final farewell, added a symbolic layer to this momentous chapter in Singapore’s history.

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TJC issued 3rd POFMA order under Minister K Shanmugam for alleged falsehoods

The Transformative Justice Collective (TJC) was issued its third POFMA correction order on 5 October 2024 under the direction of Minister K Shanmugam for alleged falsehoods about death penalty processes. TJC has rejected the government’s claims, describing POFMA as a tool to suppress dissent.

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The Transformative Justice Collective (TJC), an advocacy group opposed to the death penalty, was issued its third Protection from Online Falsehoods and Manipulation Act (POFMA) correction direction on 5 October 2024.

The correction was ordered by Minister for Home Affairs and Law, K Shanmugam, following TJC’s publication of what the Ministry of Home Affairs (MHA) alleges to be false information regarding Singapore’s death row procedures and the prosecution of drug trafficking cases.

These statements were made on TJC’s website and across its social media platforms, including Facebook, Instagram, TikTok, and X (formerly Twitter).

In addition to TJC, civil activist Kokila Annamalai was also issued a correction direction by the minister over posts she made on Facebook and X between 4 and 5 October 2024.

According to MHA, these posts echoed similar views on the death penalty and the legal procedures for drug-related offences, and contained statements that the ministry claims are false concerning the treatment of death row prisoners and the state’s legal responsibilities in drug trafficking cases.

MHA stated that the posts suggested the government schedules and stays executions arbitrarily, without due regard to legal processes, and that the state does not bear the burden of proving drug trafficking charges.

However, these alleged falsehoods are contested by MHA, which maintains that the government strictly follows legal procedures, scheduling executions only after all legal avenues have been exhausted, and that the state always carries the burden of proof in such cases.

In its official release, MHA emphasised, “The prosecution always bears the legal burden of proving its case beyond a reasonable doubt, and this applies to all criminal offences, including drug trafficking.”

It also pointed to an article on the government fact-checking site Factually to provide further clarification on the issues raised.

As a result of these allegations, both TJC and Annamalai are now required to post correction notices. TJC must display these corrections on its website and social media platforms, while Annamalai is required to carry similar notices on her Facebook and X posts.

TikTok has also been issued a targeted correction direction, requiring the platform to communicate the correction to all Singapore-based users who viewed the related TJC post.

In a statement following the issuance of the correction direction, TJC strongly rejected the government’s claims. The group criticised the POFMA law, calling it a “political weapon used to crush dissent,” and argued that the order was more about the exercise of state power than the pursuit of truth. “We have put up the Correction Directions not because we accept any of what the government asserts, but because of the grossly unjust terms of the POFMA law,” TJC stated.

TJC further argued that the government’s control over Singapore’s media landscape enables it to push pro-death penalty views without opposition. The group also stated that it would not engage in prolonged legal battles over the POFMA correction orders, opting to focus on its abolitionist work instead.

This marks the third time TJC has been subject to a POFMA correction direction in recent months.

The group was previously issued two orders in August 2024 for making similar statements concerning death row prisoners.

In its latest statement, MHA noted that despite being corrected previously, TJC had repeated what the ministry views as falsehoods.

MHA also criticised TJC for presenting the perspective of a convicted drug trafficker without acknowledging the harm caused to victims of drug abuse.

Annamalai, a prominent civil rights activist, is also known for her involvement in various social justice campaigns. She was charged in June 2024 for her participation in a pro-Palestinian procession near the Istana. Her posts, now subject to correction, contained information similar to those presented by TJC regarding death penalty procedures and drug-related cases.

POFMA, which was introduced in 2019, allows the government to issue correction directions when it deems falsehoods are being spread online.

Critics of the law argue that it can be used to suppress dissent, while the government asserts that it is a necessary tool for combating misinformation. The law has been frequently invoked against opposition politicians and activists.

As of October 2024, Minister K Shanmugam has issued 17 POFMA directions, more than any other minister. Shanmugam, who was instrumental in introducing POFMA, is followed by National Development Minister Desmond Lee, who has issued 10 POFMA directions.

Major media outlets, including The Straits Times, Channel News Asia, and Mothership, have covered the POFMA directions. However, as of the time of writing, none have included TJC’s response rejecting the government’s allegations.

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