Vote Parties/Candidates in GE15 that are committed to abolishing Detention Without Trial(DWT) laws, thus restoring the Right To Fair Trial, and the ability of Judiciary to check abuses of Executive

Media Statement – 27/10/2022

Vote Parties/Candidates in GE15 that are committed to abolishing Detention Without Trial(DWT) laws, thus restoring the Right To Fair Trial, and the ability of Judiciary to check abuses of Executive

27^th October is Malaysia’s Abolish Detention Without Trial Day, commemorates the draconian Operation Lallang crackdown on 27^th October 1987 that saw about 106 persons arrested and detained under the detention without trial law, then being the Internal Security Act 1960.  Of the 106, there were human rights defenders including women rights defenders, politicians, academics and others. The Home Ministry also then withdrew the printing and publishing licenses of the Star, Sin Chew Jit Poh and Watan, which was restored almost 5 months later on about 22/3/1988.

The victims then included politicians like Lim Kit Siang(DAP), Lim Guan Eng(DAP), Muhamad Sabu(Amanah) , Ibrahim Ali(PUTRA), Khaled Abu Samad(Amanah), the late P. Patto,  the late Karpal Singh  and others. Anwar Ibrahim, the leader of PKR was also twice a victim of the ISA, in 1974 and again in 1998. What is disappointing is that many of these, who today are still party leaders, seems to have abandoned their and their party’s commitment to abolish DWT laws. How many Malaysian political parties are for the abolition of DWT laws? This must be made clear in GE15 Manifestos of the various parties/coalitions.

MADPET (Malaysians Against Death Penalty and Torture) reiterates the call for the abolition of ALL detention without trial laws, and state that all persons who are suspected of committing  a crime shall be accorded the right to a fair trial, the ability to defend themselves and most importantly be subject to the presumption of innocence until proven guilty must always apply.

Vote Those Who Will Abolish DWT Laws and restore Right to a Fair Trial

All political parties and other independent candidates contesting in the upcoming General Elections(GE15) must make clear a CLEAR commitment to abolish DWT laws, and MADPET calls on Malaysian voters to not vote parties or candidates that want to retain DWT laws, which is a violation of the right to a Fair Trial, and the presumption of innocence until proven guilty.

DWT Laws – Removes Right of Redress of victims for Government Wrongdoing, and BARs Judiciary’s check and balance function

One draconian feature of Malaysia’s DWT laws, is that persons arrested, detained or restricted under this laws have no right in law to challenge the reasons used by the police and the executive. The Malaysian Courts also do not have the right to review the reasons used, and this is unacceptable.

Section 15(1) of the amendment Prevention of Crimes Act 1949 (POCA) states that ‘There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Board in the exercise of its discretionary power in accordance with this Act, except in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.’ Hence, no right to question the REASON the law used, just whether procedure was complied with.

The meaning of judicial review included ‘    (a) an application for any of the prerogative orders of mandamus, prohibition and certiorari; (b) an application for a declaration or an injunction;  (ba) a writ of habeas corpus; and (c) any other suit, action or other legal proceedings relating to or arising out of any act done or decision made by the Board in accordance with this Act. This means that even an innocent person arrested, detained or restricted cannot even later sue to be compensated for wrongful arrest, detention and/or restrictions to his freedoms.

This is also a violation of the Article 5(2) of the Federal Constitution, ‘Where complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.’. DWT laws deny people this constitutional right, when we cannot ask the court to review the reasons used for detention and/or restrictions.

Similar provisions appear in other DWT laws – which means that the Administration (the Executive), without fear of Judicial oversight and/or intervention, can do as it pleases against any persons in Malaysia, and that is what makes such laws draconian and ought to be abolished.

Remember detentions can be for a period of 2 years maximum, with the ability to extend indefinitely 2 years at a time. Same too is with DWT law ‘restrictions’ after release from detention which could include even meeting certain people, leaving home after some time, not being able to leave certain area and maybe also not being able to contest in elections.

Whilst at present, we may not have prominent personalities under these DWT laws, but many in Malaysia may have been victimized by these laws, or are still being victim of these laws, be it under detention of restrictions.

Sad if Political Parties React if only members/friends become victims

It is a sad state of affairs that even political parties seems not concerned about the victims of these draconian DWT laws, unless one of their leaders or members become victim of these DWT  law. They should really be concerned about all victims, who also are denied the right to fair trial, and more so even the right to be compensated for wrongdoings of the authorities.

Possible Abuse of DWT laws for self-interest or wrong reasons.

Now the police, the administration (including the Minister/Board) and/or the Executive can simply arrest, detain and restrict anyone even for some ‘FAKE’ reason. Without Judicial Review, the Courts are BARRED to even determine whether the reason is justified, true or totally false – hence the much-needed check and balance in a democracy is excluded when it comes to DWT laws. It means the police, Minister and executive can do as it pleases, and there will be no remedy for the victim of these government wrong-doings.

The police, Minister or the government can even arrest, detained and restrict a person, he believes may be suspected of having an affair with his wife or for some other ‘personal reasons’ using existing DWT laws, using some possibly fake reason, that cannot be exposed or challenged in court.

Person/s who commit murder or other crimes, where the law provides sentences on conviction, can also escape conviction and sentencing under the law. They can now be arrested under DWT laws, and be walking free a few years later – and, it makes people angry to see such criminals ‘escape’ the punishment provided by law. A murderer, if tried and convicted will be sentenced to death, and one wonders how many were not investigated, charged, tried and sentenced, when the police/State decided to opt to use DWT laws instead.

There is also the possibility of use of DWT laws to protect criminals from prosecution, trials, conviction and sentences provided by law. DWT laws could also be used against potential witnesses of crimes committed by politicians and others.

After ISA’s repeal, the scope of crimes where DWT laws can be used expanded beyond ‘national security’

Malaysia, under the then Barisan Nasional government, repealed the Internal Security Act 1960 (ISA) and the Emergency (Public Order And Prevention. Of Crime) Ordinance 1969, but thereafter brought in a wider scope of detention without trial by the amendment Prevention of Crimes Act 1949 (POCA) and a new detention without trial law - Prevention of Terrorism Act 2015 (POTA).

Previously DWT laws was generally confined to matters of national security, and arms related gang activities – but today, it has expanded, for example for POCA today, one new stated category is ‘2. Persons who belong to or consort with any group, body, gang or association of two or more persons who associate for purposes which include the commission of offences under the Penal Code.’. So if any crime committed by 2 or more persons, including corruption, murder, theft, rape, kidnaping, or abuse of powers, a DWT law can be used.

The government must disclose the number of persons under DWT laws, under detention and under restriction, and for what government suspected reason. How many persons suspected of criminal conspiracy, corruption, murder, sexual offences, theft and the other offences are under DWT laws?

Suspicion or belief in guilt by the police, Minister or the different DWT law Boards is IRRELEVANT as far as criminal offences are concerned, as what is important at the end of the day is that the Courts are convinced of the alleged guilt of any criminal.

Hence, the continued use of DWT laws to avoid the Rule of Law requirements and the right to a  fair trial indicates a bad government.

How many are now under detention? How many are under restriction orders? Is it justified, or is it simply an abuse of power where the innocent may end up victims with no right of redress?

MADPET calls on the Malaysian voter to reject candidates and political parties during GE15 that do not commit to the abolition of Detention Without Trial (DWT) laws, in favour of restoring the Rule of Law, the right to a fair trial to all, and adhering to presumption of innocence until tried and convicted in a court.

MADPET calls on political parties/coalitions and candidates contesting in the upcoming GE15 to clearly state their position on DWT laws, which will also be a declaration of the principles and values they are committed to.

MADPET reiterates our call for the immediate repeal of all DWT laws, including the Prevention of Crimes Act 1949 (POCA), Prevention of Terrorism Act 2015 (POTA) and Dangerous Drugs (Special Preventive Measures) Act 1985. If they are truly guilty, then they will be found guilty, convicted and sentenced by the Malaysian Courts according to law.

MADPET also calls for the immediate and unconditional release of all persons currently detained and/or restricted under DWT laws in Malaysia.

Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

 

Enact laws repealing mandatory death penalty before Parliament dissolution – Madpet (Vibes.Com)

 See Full Statement -

Before GE15 - Make sure laws abolishing mandatory death penalty passed and enforced ( GE15 only need to be held in mid-2023)

Enact laws repealing mandatory death penalty before Parliament dissolution – Madpet

Prevent government’s positive effort from being undermined by early GE15

Updated 1 day ago · Published on 08 Oct 2022 11:00AM

The abolition of mandatory death penalty does not abolish death penalty itself. Death penalty still remains a possible sentence – only now, judges have the discretion to hand down such a sentence, depending on the facts of the case, or to mete out the alternative sentence of imprisonment for natural life plus whipping instead, Madpet writes. – AFP pic, October 8, 2022

THE Malaysians Against Death Penalty and Torture (Madpet) appreciates the action of the Malaysian government under the leadership of Prime Minister Datuk Seri Ismail Sabri Yaakob, who took the long-awaited action of tabling bills that will amend relevant laws resulting in the abolition of the mandatory death penalty. 

While the death penalty remains, judges will have the option to sentence a convicted person to death or impose natural life imprisonment with whipping.

It must be noted that the intention of doing away with the death penalty in Malaysia had been previously expressed by the Barisan Nasional (BN) government under the premiership of Datuk Seri Najib Razak, the Pakatan Harapan government under Tun Dr Mahathir Mohamad, the Perikatan Nasional-BN Plus government under Tan Sri Muhyiddin Yassin – yet they all failed or had procrastinated to do the needful action of enacting of laws. 

Ismail Sabri’s administration did table the needed bills. Bills tabled, however, still need to be passed by Parliament and enforced before it becomes effective law.

Noting that there are rumours of the dissolution of Parliament and the calling of the next general election soon, Madpet hopes that the said bills will be passed by Parliament and become law before Parliament is dissolved. 

If not, the tabling of bills to abolish the mandatory death penalty may simply be perceived as yet another “lie”, “false promise” or publicity stunt by the Ismail Sabri-led government.

GE15 only needs to be held in the middle of 2023, which is more than enough time for Parliament to pass these new laws and for the government to put them in force.

What to do when death penalty still on the cards?

The abolition of the mandatory death penalty does not abolish the death penalty itself. Death penalty still remains a possible sentence – only now, judges have the discretion to hand down such a sentence, depending on the facts of the case, or to mete out the alternative sentence of imprisonment for natural life plus whipping instead.

Madpet reiterates its call for the total abolition of the death penalty and also the corporal punishment of whipping.

Malaysia voted in favour of abolition in 2018, and did the same in 2020 at the United Nations General Assembly Resolution, where it also advocated the imposition of a moratorium on executions pending abolition in the latter. 

Almost four years have passed since Malaysia had publicly taken this position at the UN. 

On October 6, these bills to abolish the mandatory death penalty were tabled in Parliament.  

Bill will restore sentencing discretion to judges

The proposed amendment to Section 39B of the Dangerous Drugs Act 1952, vide Dangerous Drugs (Amendment) Bill 2022, will rightly delete Sections 39B(2A) and 39B(2B) and will restore full discretion to judges when it comes to sentencing. 

The limited matters that the judge could consider will be removed, including the mandatory requirement “…that the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside Malaysia…”. 

What this means is that judges thereafter will be able to consider all mitigating and aggravating factors, just like in every other criminal trial, before deciding to sentence the convict to death or to imprisonment for life with whipping.

This amendment, if and when it becomes law, would also remove some existing flaws, which would be an affront to one’s right to a fair trial under the Dangerous Drugs Act.

While the proposed bills that will abolish the mandatory death penalty, it gives judges the option to just impose only one other sentence being “…imprisonment for natural life, and if he is not sentenced to death, shall also be punished with whipping of not less than 12 strokes…” – and this remains as an injustice.

Madpet takes the position that alternative prison sentences should be flexible, and not just limited to imprisonment until death.

As an example, the fact that a young person deceived into keeping or transporting a package, which they may not even know contained drugs, will still be convicted for drug trafficking and will end up in prison till death seems to be rather unjust. 

For them, maybe a five to 10-year prison sentence would be just. 

On the other hand, for the “kingpin” or bosses of drug trafficking, the sentence of natural life imprisonment may be acceptable.

Prosecution must bear burden of proof in court for drug trafficking cases

Section 37(da) of the Dangerous Drugs Act now states that “…any person who is found in possession of …” a certain amount of drugs “…otherwise than in accordance with the authority of this act or any other written law, shall be presumed, until the contrary is proved, to be trafficking in the said drug…”. 

Section 37(d) states that “…any person who is found to have had in his custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug...”.

One must appreciate that it is almost impossible for any accused to prove that they did not know the bag or package contained drugs, or even to prove that they are not a drug trafficker. 

Such legal presumptions need to be abolished, and the burden of proving all elements of the crime in court must always rest with the prosecution.

Politics should not hinder abolition of mandatory death penalty

Madpet calls on all MPs and senators to support the current bills, which will humanely see an end to the mandatory death penalty, taking note also that those convicted of the said offences can still be sentenced by the court to death or the alternative sentence of imprisonment for natural life. Let’s trust the wisdom of our judges when it comes to sentencing.

It is hoped that politicians and parties do not use this long-awaited move to abolish just the mandatory death penalty – not the death penalty as a whole – for political motives, simply to oppose Ismail Sabri and the BN-PN Plus government, and to prevent the passing of these needed amendments to laws.

There are about 1,337 death row inmates, most of whom have exhausted all rights of appeal. 

As the bills did not deal with them, or those who may have committed the offence before the said bills are passed and come into force, there is no provision for re-sentencing procedures, or even commutation of sentence in the bills tabled. 

How do we resolve this matter? This is something the government needs to look into, for it is unjust for persons to still languish on death row.

Madpet reiterates that Parliament should not be dissolved until all the bills tabled to abolish the mandatory death penalty become law and come into force. 

If not, a new government after the general election may simply undermine this positive effort of Ismail Sabri’s government.

Madpet reiterates the need to abolish the death penalty and to continue the moratorium on executions pending abolition. – The Vibes, October 8, 2022

This statement is issued by Charles Hector on behalf of Madpet (Malaysians Against Death Penalty and Torture) - The Vibes.com, 8/10/2022

 

MADPET: Enact and enforce laws repealing mandatory death penalty before Malaysian Parliament is dissolved

By

The Online Citizen

-

09/10/2022

0

Announcement of Malaysia's Budget 2023 in Parliament of Malaysia

Prevent PM Ismail Sabri’s government’s positive effort from being undermined by an early GE15, which is really due in mid-2023

by MADPET (Malaysians Against Death Penalty and Torture)

While the proposed Bills that will abolish the mandatory death penalty, it gives judges the option to just impose only ONE other sentence being ‘…imprisonment for natural life, and if he is not sentenced to death, shall also be punished with whipping of not less than twelve strokes…’, and this remains as an injustice.

MADPET takes the position that alternative prison sentence should be flexible, and not just limited to imprisonment until death.

As an example, the fact that a young person deceived into keeping or transporting a package, which he/she may not even know it was drugs, will still be convicted for drug trafficking and will end up in prison till death seems to be rather unjust. For them, maybe a 5 -10-year prison sentence would be just. On the other hand, for the ‘kingpin’ or bosses of drug trafficking, the sentence of natural life imprisonment may be acceptable.

Prosecution must bear the burden of proof in court for drug trafficking cases

Section 37 (da) DDA now states that ‘…any person who is found in possession of ..’ a certain amount of drugs ‘…otherwise than in accordance with the authority of this Act or any other written law, shall be presumed, until the contrary is proved, to be trafficking in the said drug…’. Section 37(d) ‘…any person who is found to have had in his custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug;..’

One must appreciate that it is almost impossible for any accused to PROVE that he/she did not know the bag/package contained drugs, or even to prove that he is a not a drug trafficker. Such legal presumptions need to be abolished, and the burden of proving all elements of the crime in court must always rest with the prosecution.

Politics should not hinder abolition of mandatory death penalty

MADPET calls on all Members of Parliament and Senators to support the current Bills, which humanely will see an end to the mandatory death penalty, taking note also that those convicted of the said offences can still be sentenced by court to death or the alternative sentence of imprisonment for natural life. Let’s trust the wisdom of our judges when it comes to sentencing.

It is hoped that politicians and parties do not use this long-awaited move to abolish just the mandatory death penalty, not the death penalty, for political motives, simply to oppose PM Ismail Sabri and the BN-PN Plus government, and to prevent the passing of these needed amendments to laws.

There are about 1,337 death row inmates, most of whom have exhausted all rights of appeal. As the Bills did not deal with them, or those who may have committed the offence before the said Bills are passed and comes into force. There is no provision for re-sentencing procedures, or even commutation of sentence in the Bills tabled. How do we resolve this matter is something the government need to look into, for it is unjust for persons to still languish on death row.

MADPET reiterates that Parliament should not be dissolved until all the Bills tabled to abolish mandatory death penalty becomes laws and comes into force. If not, a new government after General Elections may simply undermine this positive effort of PM Ismail Sabri’s government.

MADPET reiterates for the abolition of the death penalty, and the continuation of the moratorium on executions pending abolition. - TOC, 9/10/2022

 

Enact and enforce laws repealing mandatory death penalty before Parliament is dissolved - Prevent PM Ismail Sabri’s government’s positive effort from being undermined by an early GE15, which is really due in mid-2023

 Media Statement – 7/10/2022

Enact and enforce laws repealing mandatory death penalty before Parliament is dissolved

Prevent PM Ismail Sabri’s government’s positive effort from being undermined by an early GE15, which is really due in mid-2023

MADPET(Malaysians Against Death Penalty and Torture) appreciates the action of the Malaysian government under the premiership of PM Ismail Sabri who took the long awaited action of tabling Bills that will amend relevant laws resulting in the abolition of the mandatory death penalty. Death penalty remains but judges will have option to sentence to death OR natural life imprisonment with whipping.

Ismail Sabri Acted When Previous Prime Ministers just talked

It must be noted that the intention of doing away the death penalty in Malaysia had been previously expressed by the Barisan Nasional government under the premiership of Najib Razak, the Pakatan Harapan government under PM Mahathir, the PN-BN Plus government under PM Muhyiddin Yasin but they all failed or procrastinated to do the needful action of enacting of laws. Finally PM Ismail Sabri of the PN-BN Plus government did table the needed Bills. Bills tabled need to still be passed by Parliament and enforced before it becomes effective law.

Noting that there are rumors of dissolution of Parliament and the calling of the next General Elections, MADPET hopes that the said Bills be passed by Parliament and become law before Parliament is dissolved. If not, the tabling of Bills to abolish the mandatory death penalty may simply be perceived as yet another ‘lie’, ‘false promise’ or publicity stunt by PM Ismail Sabri-led government.

GE15 only needs to be held in the middle of 2023, which is more than enough time for Parliament to pass these new laws and for the government to put it in force.

Death Penalty Remains

The abolition of mandatory death penalty does not abolish death penalty. Death penalty still remains a possible sentence, but now judges have the discretion depending on the facts of the case to impose the death penalty or the alternative sentence of imprisonment for natural life plus whipping.

MADPET reiterates its call for the total abolition of the death penalty and also the corporal punishment of whipping.

Malaysia has voted in favour in 2018 and then again in 2020 the United Nations General Assembly Resolution in favour of the abolition of the death penalty, and the imposition of a moratorium on executions pending abolition. Almost 4 years have passed since Malaysia had publicly taken this position at the UN and on 6/10/2022, these Bills to abolish mandatory death penalty was tabled in Parliament.  

Drug Trafficking – Bill will restore sentencing discretion to judges

Proposed Amendment to section 39B Dangerous Drugs Act 1952, vide Dangerous Drugs (Amendment) Bill 2022 will rightly delete sections 39B(2A) and 39B(2B) and will restore full discretion to judges when it comes to sentencing. The limited matters that the judge could consider will be removed, including that mandatory requirement ‘…(d)that the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside Malaysia…’ . What this means that judges thereafter will be able to consider all mitigating and aggravating factors, just like in every other criminal trials, before deciding to sentence the convict to death or to imprisonment for life with whipping.

This amendment, if and when it becomes law, would also removes some existing flaws which was affront to one’s right to a fair trial in the Dangerous Drugs Act.

From one mandatory sentence to 2 ‘mandatory sentence’ is still unjust

While the proposed Bills that will abolish the mandatory death penalty, it gives judges the option to just impose only ONE other sentence being ‘…imprisonment for natural life, and if he is not sentenced to death, shall also be punished with whipping of not less than twelve strokes…’, and this remains as an injustice.

MADPET takes the position that alternative prison sentence should be flexible, and not just limited to imprisonment until death.

As an example, the fact that a young person deceived into keeping or transporting a package, which he/she may not even know it was drugs, will still be convicted for drug trafficking and will end up in prison till death seems to be rather unjust. For them, maybe a 5 -10-year prison sentence would be just. On the other hand, for the ‘kingpin’ or bosses of drug trafficking, the sentence of natural life imprisonment may be acceptable.

Prosecution must bear the burden of proof in court for drug trafficking cases

Section 37 (da) DDA now states that ‘…any person who is found in possession of ..’ a certain amount of drugs ‘…otherwise than in accordance with the authority of this Act or any other written law, shall be presumed, until the contrary is proved, to be trafficking in the said drug…’. Section 37(d) ‘…any person who is found to have had in his custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug;..’

One must appreciate that it is almost impossible for any accused to PROVE that he/she did not know the bag/package contained drugs, or even to prove that he is a not a drug trafficker. Such legal presumptions need to be abolished, and the burden of proving all elements of the crime in court must always rest with the prosecution.

Politics should not hinder abolition of mandatory death penalty

MADPET calls on all Members of Parliament and Senators to support the current Bills, which humanely will see an end to the mandatory death penalty, taking note also that those convicted of the said offences can still be sentenced by court to death or the alternative sentence of imprisonment for natural life. Let’s trust the wisdom of our judges when it comes to sentencing.

It is hoped that politicians and parties do not use this long-awaited move to abolish just the mandatory death penalty, not the death penalty, for political motives, simply to oppose PM Ismail Sabri and the BN-PN Plus government, and to prevent the passing of these needed amendments to laws.

There are about 1,337 death row inmates, most of whom have exhausted all rights of appeal. As the Bills did not deal with them, or those who may have committed the offence before the said Bills are passed and comes into force. There is no provision for re-sentencing procedures, or even commutation of sentence in the Bills tabled. How do we resolve this matter is something the government need to look into, for it is unjust for persons to still languish on death row.

MADPET reiterates that Parliament should not be dissolved until all the Bills tabled to abolish mandatory death penalty becomes laws and comes into force. If not, a new government after General Elections may simply undermine this positive effort of PM Ismail Sabri’s government.

MADPET reiterates for the abolition of the death penalty, and the continuation of the moratorium on executions pending abolition.

 

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)

 

Seven Bills tabled to abolish death sentence


By MARTIN CARVALHO and RAGANANTHINI VETHASALAM
Nation


Thursday, 06 Oct 2022 5:20 PM MYT

KUALA LUMPUR: Seven separate Bills were tabled in Parliament to pave the way for the abolition of the mandatory death sentence in Malaysia.

Among the laws to be amended are the Dangerous Drugs Act, Kidnapping Act, Arms Act, Penal Code and Firearms (Increased Penalties) Act.

Also to be amended are provisions of the Criminal Justice Act and Criminal Procedure Code.

The amendments cover 33 sections where 11 involve the mandatory death sentence and 22 at the discretion of judges.

Among the major changes to the law involve the offence of murder where judges will be given the discretion to sentence a convicted person to either death or imprisonment for natural life.

The current law under Section 302 of the Penal Code imposes a mandatory death sentence.

The death sentence for kidnapping will also be removed under Section 3 of the Kidnapping Act

However, offenders will be looking at a punishment of imprisonment for life and not less than 12 strokes of the rotan.

Also amended is Section 39B of the Dangerous Drugs Act where judges will be allowed to exercise their discretion on whether to impose the death sentence for drug traffickers without the need to consider certain factors imposed under the current law.

Also abolished are the death sentences for several offences against the King, Ruler or Yang di-Pertua Negri.

The mandatory death sentence for those convicted for terrorism under section 130C of the Penal Code will be abolished.

The punishment will be replaced with imprisonment for natural life and not less than 12 strokes of the rotan.

The proposed amendments will act retrospectively against offenders who were convicted prior to the passing of the laws but have yet to be sentenced.

The Bill was tabled by Minister in the Prime Minister's Department in charge of Parliament and Law Datuk Seri Dr Wan Junaidi Tuanku Jaafar on Thursday (Oct 6).

He informed the House that the proposed amendments are scheduled to be passed during the current meeting.

Wan Junaidi had previously said that the law would be passed provided there was no “disruption” to the Dewan Rakyat proceedings which will end on Nov 29.

Batu Kawan MP Kasthuri s Patto described the tabling of the Bills as a historic day for the nation.

She lauded the government for taking a "valiant step" in making effort to abolish the mandatory death penalty.

"Oct 6 is just four days before the World Day Against the Death Penalty; Malaysia holds her head high as a member of UN Human Rights Council," she said.

Kasthuri, who is Parliamentarians for Global Action president, urged the government to continue with the moratorium in carrying out the death sentence on more than 1,300 inmates on death row. - Star, 6/10/2022

News

Govt agrees to replace mandatory death penalty for drug offence

Published:  Sep 13, 2022 5:58 PM

⋅

Updated: 8:11 PM

The government has agreed to replace the death penalty with alternative punishment for 23 offences, including a drug offence which currently carries a mandatory death sentence.

It also agreed to impose a moratorium on the death penalty, affecting 1,337 death row inmates.

This was decided in two meetings chaired by Minister in the Prime Minister's Department (Parliament and Law) Wan Junadi Tuanku Jaafar (above) on Sept 6 and Sept 13.

A memorandum will soon be tabled at the cabinet meeting for approval, before amendments to relevant laws can be tabled for first reading when the Dewan Rakyat convenes on Oct 4 and for second reading on Nov 22, he said.

"The government will hold an engagement session with members of the Dewan Rakyat soon on the implementation of alternate penalties on offences carrying the mandatory death penalty.

"The government is always committed towards more just and compassionate laws pertaining to the issue of caning and the implementation of the death sentence," Wan Junaidi said in a statement.

No evidence death penalty a deterrent

Among laws which will need to be amended are the Dangerous Drugs Act, for which offences under Section 39B carry the mandatory death sentence.

The section pertains to the trafficking of drugs.

The act also states that those found with a certain amount of drugs on them are presumed to be trafficking.

This issue has been especially contentious in the case of marijuana.

In at least one high-profile case, a cancer patient who was charged for possession of marijuana above the threshold for the presumption of trafficking said he was using it for medical reasons.

Research shows there is no evidence that the death penalty is an effective deterrent to the drug trade, said Harm Reduction International, an NGO working on reducing the negative impact of drug policies.

"In fact, according to available estimates, drug markets continue to thrive around the world, despite drug laws in almost every country being grounded in a punitive approach," it said.

In 2018, 120 countries voted in favour of a resolution on a moratorium on the use of the death penalty at the 73rd Session of the United Nations General Assembly. - Malaysiakini, 13/9/2022

We voted for a moratorium on the death penalty

Wednesday, 23 Dec 2020


ON Dec 16, Malaysia voted in support of the resolution calling for a moratorium on the use of the death penalty at the United Nations General Assembly (UNGA).

The UNGA adopted the resolution with 123 votes in favour, 38 against and 24 abstentions.

The assembly also called on states to “respect international standards that provide safeguards guaranteeing protection of the rights of those facing the death penalty, in particular the minimum standards, as set out in the annex to Economic and Social Council resolution 1984/50 of May 25,1984”.

The adoption of this resolution demonstrates a growing trend towards the abolition of the death penalty. In 2018, a similar resolution only had 121 votes in favour, which also included Malaysia. In 2007, there were 104; in 2008, it was 106; in 2010, it was 108. In 2012, it jumped to 111, and in 2016, it was 117. Malaysia voted in favour in 2018 and now again in 2020.

On the same day, the UNGA also adopted a resolution on extrajudicial, summary or arbitrary executions by a vote of 132 in favour to none against, with 53 abstentions. The assembly “demanded that states ensure the practice of extrajudicial, summary or arbitrary executions is brought to an end”.

Malaysia should have already taken the first step with the abolition of the mandatory death penalty earlier in the year but was unfortunately delayed by Covid-19 and changes in government.

Malaysians Against the Death Penalty and Torture (Madpet) urges the government to expedite the abolition of the mandatory death penalty, which will then rightfully return the power to the courts to determine the most appropriate sentence based on the facts and circumstances of each case. A mandatory penalty removes a role that should be left to the judiciary in a democracy.

As a next step, Madpet also calls on Malaysia to immediately abolish the death penalty from all offences that do not result in any deaths.

Madpet also calls for the criminalisation of extrajudicial, summary or arbitrary executions, and for the abolition of all detention without trial laws as well. No one should be detained, restricted and/or punished without being accorded the right to a fair trial.

CHARLES HECTOR

On behalf of Malaysians Against the Death Penalty and Torture (Madpet) - Star, 23/12/2020