BANDAR, SERI BEGAWAN - Brunei Sultan Hassanal Bolkiah on Sunday extended a moratorium on the death penalty to incoming legislation prohibiting gay sex, seeking to temper a global backlash led by celebrities such as George Clooney and Elton John.
The small Southeast Asian country sparked an outcry when it rolled out its interpretation of Islamic laws, or sharia, on April 3, punishing sodomy, adultery and rape with death, including by stoning.
Brunei has consistently defended its right to implement the laws, elements of which were first adopted in 2014 and which have been rolled out in phases since then.
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Brunei has consistently defended its right to implement the laws, elements of which were first adopted in 2014 and which have been rolled out in phases since then.
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However, in a rare response to criticism aimed at the oil-rich state, the sultan said the death penalty would not be imposed in the implementation of the Syariah Penal Code Order (SPCO).
Some crimes already command the death penalty in Brunei, including premeditated murder and drug trafficking, but no executions have been carried out since the 1990s.
“I am aware that there are many questions and misperceptions with regard to the implementation of the SPCO. However, we believe that once these have been cleared, the merit of the law will be evident,” the sultan said in a speech ahead of the start of the Islamic holy month of Ramadan.
“As evident for more than two decades, we have practiced a de facto moratorium on the execution of death penalty for cases under the common law. This will also be applied to cases under the SPCO which provides a wider scope for remission.”
The vastly wealthy sultan, who once piloted his own 747 airliner to meet former U.S. President Barack Obama, often faces criticism from activists who view his absolute monarchy as despotic, but it is unusual for him to respond.
The sultan’s office released an official English translation of his speech, which is not common practice.
“Both the common law and the Syariah law aim to ensure peace and harmony of the country,” he said.
“They are also crucial in protecting the morality and decency of the country as well as the privacy of individuals.”
The law’s implementation, which the United Nations condemned, prompted celebrities and rights groups to seek a boycott on hotels owned by the sultan, including the Dorchester in London and the Beverley Hills Hotel in Los Angeles.
Several multinational companies have since put a ban on staff using the sultan’s hotels, while some travel companies have stopped promoting Brunei as a tourist destination.
Source: Reuters, Staff, May 5, 2019
Brunei backtracks on enforcing laws making gay sex and adultery punishable by stoning to death
Sultan Hassanal Bolkiah on Sunday extended a moratorium on the death penalty to cover the new legislation.
The rethink follows global outcry over the laws, including boycotts and celebrity protests.
While still on the statute books for some crimes, no executions have been carried out in Brunei since 1957.
Last month Brunei rolled out a strict new interpretation of Islamic laws, or Sharia.
In a speech, the sultan said he was aware there had been "many questions and misperceptions" regarding the implementation of the legislation, called Syariah Penal Code Order (SPCO).
While saying that a moratorium on the death penalty would be applied to the SPCO he also defended the new rules, saying their "merit" would become clear.
The speech marks the first time the country's ruler has spoken publicly about the legislation since their introduction.
Commonwealth Secretary-General Patricia Scotland said she was "delighted the death penalty has been removed and that the de facto moratorium which has been in place for more than two decades, will also cover the SPCO".
Homosexuality was already illegal in Brunei and punishable by up to 10 years in prison.
Muslims make up about two-thirds of the country's population of 420,000.
What are the laws?
The small South-East Asian nation first introduced Sharia law in 2014, giving it a dual legal system with both Sharia and Common Law.
The first phase covered crimes punishable by prison sentences and fines.
The laws introduced on 3 April marked the next phase of the legislation, and covered crimes punishable by amputation and stoning.
Under the legislation:
- Offences such as rape, adultery, sodomy, robbery and insult or defamation of the Prophet Muhammad carry the maximum penalty of death
- Lesbian sex carries a different penalty of 40 strokes of the cane and/or a maximum of 10 years in jail
- The punishment for theft is amputation
- Those who "persuade, tell or encourage" Muslim children under the age of 18 "to accept the teachings of religions other than Islam" are liable to a fine or jail
- Individuals who have not reached puberty but are convicted of certain offences may be instead subjected to whipping.
What was the reaction?
The laws sparked international outrage, throwing the tiny South-East Asian nation into the global spotlight.
Ahead of their implementation, the UN warned that the laws contravened international human rights standards set out in the 1948 Universal Declaration of Human Rights - which was ratified by Brunei in 2006.
Celebrities including George Clooney and Elton John called for a boycott of luxury hotels with links to Brunei over the legislation.
Mr Clooney said the new laws amounted to "human rights violations".
Many in Brunei's gay community expressed shock and fear at the punishments.
Source: BBC News, Staff, May 6, 2019
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
but by the punishments that the good have inflicted." -- Oscar Wilde