Abolition of mandatory death penalty should happen in this parliamentary session ― Charles Hector
OCTOBER 10 ― On the occasion of the World Day Against the Death
Penalty, which falls on October 10, MADPET (Malaysians Against Death
Penalty and Torture) notes sadly that Malaysia has yet to abolish the
death penalty, let alone the mandatory death penalty.
In 2018, on the World Day Against Death Penalty, it was announced
that the Malaysian Cabinet had decided to abolish the death penalty not
just the mandatory death penalty.
This abolition would have facilitated the return of Sirul Azhar Umar,
now in Australia, an abolitionist nation, that refuse to repatriate him
back to Malaysia as he faces the risk of execution. Sirul was seen by
many as an important witness that may lead to the identification and
prosecution of the other persons who were behind the murder of Altantuya
Shaariibuu, the Mongolian mother of two.
The abolition of the death penalty would also eliminate the
possibility of execution of innocent persons ― miscarriage of justice.
The police, prosecutors, judges and even lawyers of the accused, all
being human beings, are not infallible and could cause the wrongful
execution of persons. We recall the case when in January 2011, when
Taiwan’s Ministry of Justice admitted that Chiang Kuo-ching, a private
in the Air Force, had been executed in error in 1997 for a murder
committed 15 years previously.
In Malaysia, it has also been shown that death penalty, even the
mandatory death penalty has not deterred crime. In 2017, it was revealed
in Parliament that there was an increase of drug cases every year
despite the drastic measures taken by the police, which we could take as
including the fact of the existence of the mandatory death penalty for
section 39B DDA 1952 – drug trafficking. It may be same for murder, but
it is difficult as Malaysia stopped revealing actual statistics under
the previous government.
The failure of government resulting in poverty may also be the cause
of many crimes including those that now carry the death penalty.
On October 10, 2019, the 17th World Day Against the Death Penalty
aims at raising awareness on the rights of children whose parents have
been sentenced to death or executed. Malaysia, a party of the Child
Rights Convention, now should have the best interest of the child has
become a major concern. The execution of a parent, sibling or relative
of any child is certainly never in the best interest of the child.
The abolition of the death penalty is also consistent with the
Malaysian policy with crime and sentencing. We believe in second
chances. When one pleads guilty, the sentence is reduced by a third. For
those in prison, good behaviour and rehabilitation will lead to
remission of sentence and early release. All these values and principles
cannot apply when one is sentenced to death or mandatory death penalty.
U-turn on decision to abolish death penalty
However, on March 13, 2019, Malaysian cabinet did a U-turn on
abolishing the death penalty for all 33 offences, and instead agreed to
abolish the mandatory death penalty for all 11 mandatory death penalty
offences.
Since the Pakatan Harapan is a coalition government made up of four
to five parties, it would be interesting to know which party changed its
position on abolition and why. Through its MPs, we believe that DAP was
an abolitionist party, but its current position now is a mystery.
Sadly, we have yet to see any tabling any Bills in Parliament to date
that will effectively abolish the mandatory death penalty. The earlier
indication was that these Bill/s will be tabled in the current
Parliamentary session which began in October 2019.
MADPET was concerned about the recent setting up of a special
committee in September 2019 to look into alternatives to the death
sentence would just be another excuse to delay abolition of the
mandatory death penalty. Such committees or task force could have been
set up last year since the decision to abolish the death penalty. It
could have been even earlier, for the abolition of the mandatory death
penalty was an election promise of Pakatan Harapan.
We reiterate that the mandatory death penalty could be immediately
abolished, which will mean that judges will then have the discretion to
sentence people to imprisonment or death. For the time being, it could
simply be life imprisonment or natural life imprisonment. Later, if a
better “alternative sentence” comes from this or that “committee”, “task
force” or consultations, the Act can always be further amended later.
The abolition of the mandatory death penalty should not be further delayed by the government.
Accused persons now on trial or whose trial starts before the
abolition will be greatly prejudiced as both prosecution and defence
lawyers may be adducing evidence only towards finding of guilt or
innocence. They will not be adducing evidence as to why a person should
receive a lesser sentence since the courts have no discretion as to
sentence when they can only provide the one mandatory sentence.
MADPET is also against all mandatory sentences, as it removes
judicial discretion when it comes to sentencing. Laws should only
provide for maybe maximum sentences, and trust in our judges to impose a
just sentence on each and every convicted after taking all facts and
circumstances into consideration.
Malaysia created history in December 2018, when it voted in favour of
the United Nations General Assembly Resolution on the abolition of the
death penalty.
MADPET hopes that the abolition of the mandatory death penalty is
just the first step, towards a total abolition of the death penalty
which we hope will happen soon, certainly before the next general
elections.
MADPET calls for the immediate tabling of the Bill/s to abolish the
mandatory death penalty in this current Parliamentary session, for any
other additional amendments could very easily be brought in by
subsequent amendments later on;
MADPET calls for the passing of an Act of Parliament that will have
the effect of commuting the death sentence of about 1,200 on death row,
especially those that have exhausted their appeals in court;
MADPET also calls for further amendment to the Dangerous Drugs Act
1952, where mandatory death penalty has already been abolished, to allow
judges to consider all mitigating and aggravating circumstances and
remove the limitations/conditions now in that law;
MADPET calls for a moratorium on all executions, pending the total abolition of the death penalty in Malaysia. - Malay Mail, 10/10/2019
See updated Media Statement at
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