Delay in abolition of Death Penalty delays the bringing to justice all those involved in murder of Altantuya Shaariibuu
This would enable Sirul to be brought back to Malaysia, and
his evidence which may be vital for the successful prosecution of any
other remaining perpetrators will finally happen.
Charles Hector, MADPET
Table Bills To Abolish Death Penalty in Parliament Session Starting 11th March
MADPET(Malaysians Against Death Penalty
and Torture) is saddened by the delay in the abolition of the death
penalty, which would also most likely delay justice in the case of
Altantuya Shaariibuu, the Mongolian mother of two. She was murdered and
her body was blown up in a forest with explosives in 2006.
Sirul Azhar Umar and Azilah Hadri, who
were then serving as Najib’s personal security detail at the time of the
murder, were arrested and convicted for the murder by the High Court.
In 2013, the Court of Appeal overturned the convictions and both were
released. Thereafter, the Federal Court in January 2015, allowed the
appeal by the prosecution, and the murder conviction and death sentence
was restored. Murder carries the mandatory death penalty.
A
co-accused, former political analyst Abdul Razak Baginda, a confidant
of then deputy prime minister Najib Razak, was acquitted in 2008 without
his defence being called to the charge of abetting Azilah and
Sirul. The prosecution did not appeal the acquittal.
Najib, at the time of the murder was the
Deputy Prime Minister, and in March 2009 he became the Prime Minister
until the last General Election in May 2018, that saw the defeat of the
UMNO-Barisan National, and formation of a new alternative Pakatan
Harapan government.
Sirul Azhar, after his release by the
Court of Appeal left for Australia, and he did not turn up for the
Federal Court hearing, that again sentenced him to death. Since 2015, he
has been detained at the Immigration and Border Protection Department’s
facility in Sydney.
In 2015, Sirul was reported saying, ‘”I
was under orders. The important people with motive (to commit murder)
are still free,” Sirul Azhar Umar said in a phone interview published on
Wednesday by Malaysian news website Malaysiakini.’(Straits Times,
18/2/2015).
This raised serious doubts that the
person/s who ordered the killing of Altantuya or paid for it may still
be at large. Australia, which is an abolitionist state, would not send
Sirul back to Malaysia, knowing that he may be hanged if he is send back
to Malaysia.
It is now good that the current Malaysian
cabinet has decided to abolish the death penalty, and all that needs to
be done is the passing of Bills in Parliament that will abolish the
death penalty, and hopefully also result in the death sentence of all on
death row to be commuted. This would enable Sirul to be brought back to
Malaysia, and his evidence which may be vital for the successful
prosecution of any other remaining perpetrators will finally happen.
In
the recent United Nations General Assembly Resolution calling for the
moratorium of executions pending the abolition of the death penalty,
Malaysia, consistent with the new government’s declared position for the
very first time voted in favour of the resolution.
The Altantuya case has also made us aware
that there may be many others who have ordered or paid for some other to
commit murder may still be out there free, and as such justice is not
yet fully achieved. All these other persons who ordered or paid for such
murders should also be identified, prosecuted, convicted and sentence.
In any criminal trial, it is of no use for
a person who was involved in the commission of the crime to confess or
plead guilty. Most will exercise their right to silence until all
appeals are exhausted. These persons may also be subject to threats
against themselves and their family members by them that ordered or paid
them to kill. Those that admit they killed because they were paid to
kill is still guilty of murder – so there is little reason to speak up
and identify other accomplices who yet to be identified and/or
prosecuted
When the death penalty is abolished, and
better still any mandatory life prison sentence, the courts will then
have the ability to impose a lower prison term for any or all who
cooperated in making sure all others involved are also identified and
prosecuted. This would be another mitigating factor that the courts can
consider, but always ensuring that a just sentence is imposed.
The abolition of the death penalty is
needed to prevent the ‘innocent’ from being wrongly killed, as there is
always the risk of miscarriage of justice, which could be due to
lawyers, prosecutors, police, judges, court procedures and many other
factors.
It has been shown in Malaysia, that the death penalty, even if mandatory, does not deter crime.
Further,
it is against religious values, even Islam, as death Malaysia is not
provided for in Islamic Laws but civil laws, and the trial does not
comply with Islamic evidential and procedural requirements. Note, that
in Islam, even for murder, execution is a possibility as there is
‘diyat’(diya), where compensation and forgiveness from victim’s family
can save a murderer from death – this highlights that repentance and/or
forgiveness from victims is important, not simply punishment if you do a
crime.
In Malaysia, for a long time, the lack of
political will and strength on the part of government, despite the
global trend towards abolition may have kept the death penalty in our
law books. The fear of government to do the right and just thing simply
because of a fear of a possible loss of political support is pathetic.
Hopefully, this new Pakatan Harapan, unlike its predecessor, will not
weaken and backtrack on its decision to abolish the death penalty.
Many expected that the relevant Bills
leading to the abolition of the death penalty would have been tabled at
the last Parliamentary session in 2018, and the hope now is that it will
be tabled in the upcoming Parliamentary session starting on 11 March
2019.
It is sad that some have been calling for
the retention of the death penalty, which may simply be those who are
unaware of the just reasons for abolition. They may simply be opposing
because this was the decision of the current government, and as such be
merely a political strategy rather than one based on justice or values.
They may also be people who fail to also appreciate the sufferings of
the children and families, simply because a parent or sibling is
executed. They fail to appreciate that even the mandatory death penalty
has failed to reduce murder or drug trafficking in Malaysia.
Therefore, MADPET
– Call of Malaysia to ensure that
all those, if any, who ordered or paid for the murder of Altantuya
Shaariibuu are identified and prosecuted. The abolition of the death
penalty will also make it less likely for accomplices including those
who ordered or paid others to do the crime to escape justice, as the
those caught and/or convicted will more likely help make this happen, if
their assistance can affect/reduce sentences;
– Calls for the Malaysian
Government to immediately, preferably during this upcoming Parliamentary
session beginning in March 2019, to bravely table the relevant Bills
that will see the abolition of the Death Penalty; and
– Calls for the Malaysian
government to immediately commute the death sentences of all those on
death row, which was about 1,267 in July 2018.
Charles Hector
For and on behalf of MADPET
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