Abolishing of mandatory death penalty for traffickers hailed
Malaysians Against Death Penalty and Torture (Madpet) is happy to
note that Nancy Shukri, Minister in the Prime Minister’s Department and
also the de facto Law Minister, was reported as stating
that the proposal to amend laws to abolish the mandatory death sentence
for drug traffickers may be tabled in Parliament as early as March next
year. (The Malay Mail, Nov 17, 2015).
The Malaysian
government has since 2010 announced its willingness to relook at the
mandatory death penalty, with a view to its possible abolition or the
reintroduction of a discretionary death penalty, and finally in 2016 we
may see this becoming reality.
Last week, attorney-general Apandi Ali also did commit to propose to the cabinet that the mandatory death penalty be scrapped (The Malaysian Insider,
Nov 13, 2015). Apandi, who is also the public prosecutor, said that
“...mandatory death sentences were a ‘paradox’, as it robbed judges of
their discretion to impose sentences on convicted criminals...”
There
are currently 1,022 persons on death row, based on the government’s
written reply to Member of Parliament M Kulasegaran dated Nov 3.
The reply also stated that from 1998 till Oct 6, 2015, 33 persons were executed in Malaysia.
It
is not clear as to how many persons have been executed, if any, after
Dec 18, 2007, the date the United Nations General Assembly adopted a
resolution urging “a moratorium on executions” pending abolition.
On
Dec 18, 2014, the UN General Assembly (UNGA) reaffirmed for the fifth
time since 2007 the urging for a stop of all executions. In 2014, 117
nation states voted in favour, 38 against, 34 abstention with 4
absentees. Every time the said resolution had been adopted, the number
of votes in favour has been increasing. The global trend continues to be
for abolition.
Madpet hopes that Malaysia, being a member of the
United Nations, has been in compliance with this UN General Assembly
Resolution and there have been no executions for many years.
The
urging for the abolition of the death penalty in Malaysia has been made
by many individuals, bodies and civil society organisations including
Malaysian Human Rights Commission (Suhakam), Malaysian Bar and Madpet.
It
is also good news that Malaysia had commuted the sentence of 127
persons on death row since 1998. Madpet urges that the sentence of all
persons currently on death row be commuted.
In tabling the
amendments that will bring about an end of the mandatory death penalty
for drug traffickers, Madpet urges that provisions be included to allow
the court to review the death sentence of all those currently on death
row by reason that the offence under which they were convicted carried
the mandatory death penalty. Alternatively, all their sentences could be
commuted to life imprisonment or imprisonment until end of natural
life.
Madpet appreciates this first step, and urges Malaysia to abolish the death penalty for drug traffickers.
Madpet also urges a moratorium on all executions pending abolition.
Madpet also urges Malaysia to urge Asean to abolish the death penalty.
CHARLES HECTOR is a coordinator of Malaysians Against Death Penalty and Torture (Madpet).
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