UMNO-BN government has been delaying the abolition of the death penalty, and even the Mandatory Death Penalty.
Persons on death row, waiting to be hanged to death, can however be saved - their sentences commuted to maybe imprisonment, life or otherwise by Pardon Boards chaired by the Rulers..
Under Article 42 of the Federal Constitution, Yang di-Pertuan Agong (the King) has the power to grant pardons to convicts, irrespective of the offences committed in the Federal Territories. For offenders in other states, the state Ruler or Sultan has absolute discretion and power to grant pardon.
YES - the different State rulers have the power to pardon - even commute death sentences to imprisonment. But alas, the King and the other state rulers have not been doing that and saving lives...
It was revealed that these Pardon Boards are now not even meeting regularly ...and this is doing great injustice as Malaysia continues to hang people...
Information of Pardon Board hearings and outcomes must be made public. The people should have the right to submit their pleas for consideration and action by the King and State Rulers.M Ramachelvam said that at present, each board’s activities were opaque and one did not hear of anything much happening at these meetings.
He also said neither the frequency nor the results of the meetings were made known to others, with the exception of the Johor Pardons Board where there were some commutations of sentences in conjunction with the Sultan of Johor’s coronation.
“We do not know about their meetings. So our recommendation is that they should hold periodic meetings,” he said.
“They can do so quarterly or have half-yearly meetings to look at cases which have come to the pardons boards in the various states,” he said when met on the sidelines of the two-day conference and training workshop titled “Abolition of the Death Penalty in Malaysia and Asia Pacific” today.
Persons on death row, waiting the day they be hanged to death, should have their sentences committed to imprisonment.
Now, when it comes to foreigners, diplomatic pressure plays a role in successful commutation of death sentences - A similar policy must apply to Malaysians on death row, especially those who are not guilty of personally depriving the life of any victim...The risk of miscarriage of justice and the possibility of hanging an innocent person is very real...
The Johor Sultan, and the Perak Sultan have been reported as having commuted the death sentence - sadly similar just actions to save lives have not been heard of in the Opposition governed States of Selangor, Penang and/or Kelantan. DAP and many Opposition MPs have taken a stand for the abolition of the death penalty - but words alone without action is of little value..
Perak’s Sultan Nazrin commutes death sentences for two
Perak Darul Ridzuan State Pardons Board secretary Abdul Puhat Mat Nayan said the decision was made at the meeting of the board chaired by Sultan Nazrin on October 12.
Puhat said both prisoners were sentenced to death by hanging under Section 39(B)(1)(a) of the Dangerous Drugs Act 1952 by the Taiping High Court on March 19, 2009 and June 15, 2009 respectively.
"Their appeals have been rejected by the Court of Appeal and the Federal Court and they have been in jail for more than 16 years beginning on the date of their remand in 2001.
"With the pardon, both convicts are now serving life imprisonment effective from the date of the meeting (of the Pardons Board on Oct 12),” he said in a statement today.
Puhat added that Sultan Nazrin had said that any punishment meted was to give a lesson to society so that the law would be respected.
"The ruler also said that the pardon or reduced punishment that had been decided by the court would only be considered when the convicts concerned had demonstrated remorse.
"...realised and regretted the offence committed and apologised and behaved well while under detention and demonstrated the determination to begin a new life,” he said. – Bernama, November 1, 2017.- Malaysian Insight, 1/11/2017
State pardons boards should meet periodically, says lawyer
Bar Council's M Ramachelvam says meetings should be
held regularly to pore over death penalty cases as well as those seeking
pardons or commutations of sentences.
KUALA LUMPUR: The pardons board of every state should hold meetings
periodically to pore over cases under their respective jurisdictions,
the Malaysian Bar’s migrants, refugees and immigration affairs committee
said today.
Its chairman M Ramachelvam said that at present, each board’s
activities were opaque and one did not hear of anything much happening
at these meetings.
He also said neither the frequency nor the results of the meetings
were made known to others, with the exception of the Johor Pardons Board
where there were some commutations of sentences in conjunction with the
Sultan of Johor’s coronation.
“We do not know about their meetings. So our recommendation is that they should hold periodic meetings,” he said.
“They can do so quarterly or have half-yearly meetings to look at
cases which have come to the pardons boards in the various states,” he
said when met on the sidelines of the two-day conference and training
workshop titled “Abolition of the Death Penalty in Malaysia and Asia
Pacific” today.
Ramachelvam said the board should not only look at death penalty cases as there were other cases too worthy of attention.
“Of course all death penalty cases have to be considered by the
board. But there are a whole host of other cases, such as prisoners
facing life in prison and people who have got grounds to seek pardons or
commutations (of sentences),” he said.
“If there is no hearing of the state pardons boards, how can they
consider all those applications for commutation of sentences?” he added.
Earlier in his presentation titled “Death Penalty – Migrants and
Foreign Nationals”, Ramachelvam said some state boards did not hold
meetings for long periods.
The Federal Constitution provides for a Pardons Board, presided over
by the Yang di-Pertuan Agong, for each state, as well as one for all the
Federal Territories (FT) in the country.
It comprises the attorney-general, or his representative, the FT minister and three other members to be appointed by the King.
Before giving its decision, the board must consider the written opinion of the attorney-general. - FMT News, 21/7/2017
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