MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
Monday, September 13, 2010
CCM Youth: IN SUPPORT OF ABOLISHING THE DEATH PENALTY AND APPEAL TO REFORM CRIMINAL LAWS
IN SUPPORT OF ABOLISHING THE DEATH PENALTY AND APPEAL TO REFORM CRIMINAL LAWS
Kuala Lumpur - 2 September 2010. CCM Youth refers to the Sunday Star special focus feature on the death penalty and the Sunday Star report entitled “Abolish death penalty, it’s incorrect to take someone’s life, says Nazri”, both articles dated 29 August 20101.
We take this opportunity to openly thank our Malaysian Government, in particular, our Law Minister and Minister in the Prime Minister’s Department, Datuk Seri Nazri Abdul Aziz for his frank and open call to abolish the death penalty, as well as our Foreign Minister Dato’ Sri Anifah Hj Aman, in appealing to the Singapore Government for the clemency of fellow Malaysian, Yong Vui Kong against his death penalty conviction for drug trafficking.
We bring to the public’s attention a similar case of Umi Azlim Mohamad Lazim in 2009 who was also sentenced to the death penalty in China for a similar offence. In this case, the Chinese Government subsequently reconvened on the death penalty after having taken into consideration the full background of the case, the circumstances and clemency appeals by our Government. Consequently, the Chinese government commuted her death sentence to life imprisonment in March 2010. We also noted that the Chinese government is the latest country looking into reforming their criminal laws with the view to abolishing death penalties for non-violent related crimes, following a worldwide trend to abolish the death penalty.
We extend our full support on all the points raised by many distinguished parties, such as former High Court and Court of Appeal judge Datuk K.C. Vohrah, Suhakam Chairman Tan Sri Hasmy Agam, and Bar Council vice-president Lim Chee Wee, among others, which has further strengthened the call to abolish the death penalty by Datuk Seri Nazri2.
In line with this, CCM Youth is appealing to our Government to heed to strong public opinion, and exercise its political will to implement the following constructive steps which are outlined below for consideration:-
1. Announce a Moratorium on the Death Penalty
We urge our Government to duly comply with the Resolution adopted by the U.N. General Assembly on 18 December 2007 calling for a moratorium on the use of the deathpenalty and eventual abolishment of such penalty. In reference to this Resolution, we appeal to our Government put into motion a thorough review of the criminal laws pertaining to capital punishment through our Malaysian Law Reform Committee, with the view to “progressively restrict the use of the deathpenalty and reduce the number of offences for which it may be imposed”.
2. Remove the Mandatory Death Penalty
Following the above, we seek the Government to begin with the cessation of capital punishment as a mandatory sentence, avoiding it as far as possible. We ask that judges be provided with full discretionary authority to look into all aspects of each individual case to ensure that justice is fully served, allowing for the commuting of the death penalty for non violent cases to life imprisonment as a start. We seek for such removal to begin with the current death row inmates for non violent cases to be commuted to life imprisonment with immediate effect.
3. Abolish the Death Penalty from the Judiciary System
We believe that Malaysians of all religions hold on to the sanctity of human life as divinely given by God. As Christians, we also share this same belief that it is God who gives life to human beings (Genesis 1:26-28; Genesis 2:18-23) and it is also He who prohibits human beings from taking another’s life (Genesis 9:6).
We fully agree that the offender is to be held accountable for his or her actions and he or she must accept responsibility for the pain caused. As in the case of David (2 Samuel 12:10-12) and Paul (Acts 9:15-16 c.f. 2 Corinthians 11:30), the requirements of restitution are not abrogated.
There is also the essential requirement for the victim’s loved ones to have their anguish and loss acknowledged, their anger affirmed, and their questions answered to help them deal with what has happened and to allow healing and restoration to happen.3
Retributive justice has its limitations.It has been well documented that bitter, hateful revenge, by contrast, has no real therapeutic value in the treatment of grief, nor does it promote social well-being in the long run.4 Furthermore, we cannot ignore that society too has its share in the social maladies that spawn the crime.5Neither can we ignore the possibility that capital punishment to-date is still subjected to painful prejudicial discrimination by race, economic class, and gender.6These are surely harsh realities that appear inconsistent with the Biblical teachings of Jesus in Luke 4:18-19.
Contrary to popular views, the cost of implementing capital punishment is actually no less compared to lifelong incarceration7 but the impact would be far reaching if the money were instead channelled to developing victim-support plans or crime-prevention policies.8
Also we are already all aware of arguments from articles and studies showing that capital punishment works poorly as a deterrent to serious crime9, neither does it protect the innocent10and demands of justice11 are arguably not met entirely as well.
Undeniably, as Datuk Seri Nazri articulated, the frequency in miscarriage of justice in carrying out capital punishment is extremely troubling because, unlike all other judicial mistakes, it is irrevocable.12 It should never be forgotten that to carry out an execution, it requires deliberate, carefully planned, and premeditated killing of another human being, so much so that those who have had to supervise or carry out these executions often speak of its devastating impact on them.13 This continues to prove that it is against human nature to take lives and God’s prohibition to do so.
In conclusion, CCM Youth reiterates our call for the Government to table this matter urgently as a show of consistent and united action following our country’s appeal to fellow ASEAN counterpart, Singapore, who shares the same capital punishment laws as ours.
We need to urgently set into motion plans to protect the basic human rights of all people made in the image of God and set an example to regional ASEAN leaders in this same call to abolish the death penalty. By doing so, we believe that Malaysia will lead as a moral and compassionate society, promoting peace and justice through reconciliation and rehabilitation rather than retribution.