Media Statement – 10/10/2018 – World Day Against the Death Penalty
PH Government need make
good promise to abolish ‘Mandatory Death by Hanging in all Acts’
-
Abolish the Death Penalty And Commute
All Death Sentences -
On
10 October 2018, the 16th World Day Against the Death Penalty, MADPET(Malaysians
Against Death Penalty and Torture) wants to remind the Malaysian government
that it has yet to make good its promise to abolish mandatory death penalty in
Malaysia.
In
the Pakatan Harapan Manifesto, it was clearly stated that ‘The Pakatan Harapan
Government will revoke the following laws: Sedition Act, Prevention of Crime
Act 1959…Mandatory Death by Hanging in all Acts…’
Currently
in Malaysia, the death penalty is mandatory for about 12 offences, while about
20 other offences are punishable by a discretionary death penalty. Murder and
Drug Trafficking carry the mandatory death penalty. Many of these mandatory
death penalty offences do not even involve in any death or grievous injuries to
victims.
The
effect of abolishing the mandatory death penalty will restore judicial
discretion when it comes to sentencing. Judges, will thereafter, be able to
evaluate each and every convicted person and determine what the just and fair
sentence should be, after taking into account all factors and circumstances.
The
mandatory death penalty is undemocratic as it violates the democratic principle
of separation of powers. The legislature (Parliament) has robbed the judiciary
of their rightful role and power when it comes to sentencing.
When
a law, provides for just one mandatory sentence, in this case death, judges on
finding a person guilty of the said offence, have no choice but to sentence the
convicted to death, even if he/she justly do not justly deserve to be hanged to
death.
Many
of the politicians and political parties that are now in power, previously in
Opposition, were always for the abolition of the death penalty, but now when in
power,, it is disappointing to see that they are procrastinating. Further, it
must be reminded that they are yet to make good their election promise to
repeal all laws that provide for ‘Mandatory Death by Hanging…’, which was a
decision and commitment of all the 4 Pakatan Harapan party.
As of end June, there are 1,267 people on death row or 2.7% of the prison population of about 60,000 people. (Star, 28/6/2018) 35 executions took place from 2007 to 2017
The
death penalty in Malaysia currently are provided for in secular or ordinary laws,
not in Islamic law. As such there is no reasonable justification for any Muslim
in Malaysia to oppose abolition of the death penalty on the grounds that Islam allows
death penalty for certain specified offences. In Islam, there is a strict
requirement to comply with Islamic Criminal Procedure and Evidential
requirements. Even then, in Islam, for example murder, there are ways that the death
penalty can be avoided.
As
the Acts that now provide for death penalty in Malaysia are in the secular law,
Muslim politicians and their parties that use the argument that Islam allows
for the death penalty, so we oppose the abolition, are very wrong. They need to
demonstrate leadership not fear.
The
‘best interest of the child’ is certainly best served by incarceration of a parent,
sibling or relative rather than having them hung to death by the State.
Malaysia, who have ratified the Child Rights Convention(CRC), has an obligation
to do what is in the best interest of the child, and as such this is yet
another reason why the death penalty must be abolished.
The possibility of miscarriage or failure of justice in the implementation of the death
penalty is irreversible and irreparable is yet another reason why the Death
Penalty needs to be abolished. We recall the words of the then Malaysian
Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz, who
said “No criminal justice system is
perfect. You take a man’s life and years later, you find out that another
person did the crime. What can you do?”(Star, 29/8/2010,
Abolish death penalty, it’s incorrect to take someone’s life, says Nazri).
In the Malaysian context today, it would have been
great injustice if the 2 convicted for the murder of Altantuya Shaariibuu had been
hanged, for then it may result in others involved escaping justice. Likewise,
in other cases where there may other perpetrators of the crime still at large,
yet to be arrested, charged and tried.
Abolition
of the death penalty is an ineluctable global trend. 106 countries had
abolished the death penalty in law for all crimes by the end of 2017 and 142
countries had abolished the death penalty in law or practice. Malaysia embarrassingly
is amongst the few countries who still retain the out-dated death penalty and
carry out executions.
In
2018, Malaysia, under UMNO-BN, brought into effect the abolition of the
mandatory death penalty for drug trafficking.
It
has been about 5 months since the new Pakatan Harapan-led government, but we
have yet to see Bills being tabled that will lead to the abolition of the death
penalty. Our HOPE is that we will see this happening in the next Parliamentary
session or at least by the end of the year.
Being
a reformist government, Malaysia needs to make rehabilitation and second
chances the principal consideration in sentencing.
MADPET calls for the
immediate abolition of the ‘Mandatory Death by Hanging in all Acts…’ as
promised in the Pakatan Harapan’s ‘Buku Harapan: Rebuilding Our Nation
Rebuilding Our Hopes’;
MADPET also calls for
the abolition of the Death Penalty; and
MADPET also calls for
immediate moratorium of all executions pending abolition;
Charles Hector
For and on behalf of MADPET(Malaysians
Against Death Penalty and Torture)
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