Media Statement
– 27/2/2017
MALAYSIA’S CABINET’S DELAY IN TABLING LAWS ABOLISHING THE
DEATH PENALTY RISKS UNNECESSARY LOSS OF LIFE
-Immediate Moratorium On ALL Executions -
MADPET(Malaysians Against Death Penalty and Torture)
is appalled that Malaysia may be very soon hanging 44-year-old Rames and 39-year-old
Suthar Batumalai, when Malaysia may be
on the verge of the abolition of the death penalty.
In November 2015, Nancy Shukri ,the
then Minister in Charge, stated that the proposed amendments will be tabled in
March 2016, which may have had the affect of abolishing the mandatory death
penalty for murder, and if the law had been amended then, Rames and Suthar would
most likely not be facing execution now. They were both convicted for murder
that carries the mandatory death penalty. Hence, it may rightly be suggested
that it is the failure of the Malaysian government to act promptly and speedily
bring about changes in law, abolishing the mandatory death penalty that has
caused this unacceptable situation today, which may result in the death of these
two persons.
IF NOT FOR
GOVERNMENT DELAY, RISK OF BEING HANGED WILL NOT EXIST
Nancy Shukri did say that she hoped to take her proposal to amend the
Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as
early as March 2016.( Malay Mail,
17/11/2015). A
few days before that, the Attorney-General Tan Sri Apandi Ali reportedly said
he will propose to the Cabinet that the mandatory death penalty be scrapped, so
that judges are given the option to choose between sentencing a person to jail
or the gallows. (Malaysian Insider,
13/11/2015)
Nancy, the de facto Law Minister, also
told the 6th World Congress Against the Death Penalty in Oslo (Norway)in June
2016 that a government-backed study on the death penalty had been completed and
a paper is being readied by the Attorney General’s Chambers(Star, 22/6/2016). The study
was said to reveal that Malaysians were in favour of the abolition of the death
penalty, especially the mandatory death penalty. But, apparently when it was
finally submitted to the Cabinet, the decision was that there was a need for
further studies.
Minister in the Prime Minister's
Department Datuk Seri Azalina Othman, the new de facto Law Minister, during the
Parliamentary session on 2/11/2016 clarified that Malaysia was not just looking
at the mandatory death penalty, but all death penalty. They were considering
possibly replacing the death penalty with life imprisonment. It was indicated
that further studies were to be done, and that. "The decision on the
implementation of the death penalty in this country, either be repealed or
maintained, is a policy matter to be decided by the government based on the
results of the study,"(The Sun Daily, 3/11/2016)
MORATORIUM
ON EXECUTIONS PENDING FINAL DECISION ON DEATH PENALTY
As such, whilst the government is in
the process of considering whether the death penalty is to be abolished or not,
it is only just and reasonable that a moratorium on executions be put in place
until the final decision be made. A moratorium is simply a stay of execution,
not a revocation of the sentence. If the Cabinet, and thereafter Parliament, ultimately
decides to not abolish the death penalty and/or the mandatory death penalty,
executions can still be carried out. It’s most reasonable that there be a
moratorium now.
UNJUSTIFIABLE
TO HAVE MORATORIUM ON CERTAIN OFFENCE THAT CARRIES THE MANDATORY DEATH PENALTY
BUT NOT ALL
At
present, apparently there is a moratorium on executions for drug trafficking,
which carries the mandatory death penalty, as mentioned by Edmund Bon Tai Soon,
Malaysia’s AICHR (ASEAN
Intergovernmental Commission on Human Rights) representative, who was reported
saying ‘…Malaysia’s moratorium, I understand, is only for drug trafficking
cases…’ (Star, 10/7/2016).
There is no justification to have a moratorium
on certain offences that carry the mandatory death penalty, but not others. Malaysia
needs to be consistent, and impose a moratorium on executions of all offences
that currently provide for the mandatory death penalty. If judges had the
discretion on deciding appropriate sentences, even for murder, they may in some
cases decide that a more appropriate sentence given the facts and circumstances
may just be imprisonment – not death. But alas, with an offence that provides
just one mandatory sentence, judges have been deprived of their choice of the
most appropriate sentence for each case.
When Malaysian laws are finally amended,
resulting in the abolition of the mandatory death penalty and/or even the death
penalty, it will only be just for the courts to review the sentences of persons
previously been sentenced to death – to determine what the appropriate sentence
should be. This was done in Singapore, where the affected death row inmates,
had their sentences reconsidered by the Courts, for even the offence of murder.
Human Rights Commission of Malaysia
(SUHAKAM), also did reiterate on 29 March 2016 their recommendation that a
moratorium on the use of the death penalty be put in place in Malaysia. Many
others, including the Malaysian Bar and MADPET have also called for a
moratorium on executions.
UN RESOLUTION ON
MORATORIUM ON THE USE OF THE DEATH PENALTY
When Malaysia should have abstained, it was
disappointing that Malaysia voted against the United Nations General
Assembly(UNGA) Resolution on Moratorium On The Use of The Death Penalty on
19/12/2016, given the fact that Malaysia is currently in the process of
studying and evaluating the future of the death penalty in Malaysia.
It must also be noted that the majority of the 57
members of the Organisation of Islamic Countries (OIC) voted for the resolution
and/or abstained. 24 OIC member nations voted in favour, 13 abstained and only
18 voted against.
Malaysia, Singapore and Brunei were the only 3 ASEAN
member nations that voted against this resolution. Even Indonesia abstained.
The 2016 UNGA Resolution was adopted with 117 votes
in favour, 40 abstentions and 31 votes against. Since the first UNGA resolution on the
moratorium and death penalty in 2007, the number of votes in favour has been
increasing. The global trend is towards abolition.
In this case of Rames and Suthar
Batumalai, there are allegedly other concerns including the deprivation of the
right for their clemency petition to properly considered and determined.
Rames and Suthar had on Thursday submitted a clemency
application through their lawyers to the Negri Sembilan Pardons Board. (Star,
23/2/2017) The Malaysian Bar has also urged the
Government to not proceed with the execution until the clemency proceedings is completed.
Prime Minister Najib and Malaysia’s
Cabinet must listen to the Malaysian people, including Malaysia’s Attorney
General and SUHAKAM. Even the PAS President, Hadi Awang, and Malaysian Muslims would
be for the abolition of the Death Penalty, more so when it is provided for by
laws other than the Syariah law. In the recent proposed amendments to Act 355,
Hadi Awang’s motion clearly excluded death penalty.
Therefore,
MADPET
Calls on Malaysia to stay the
execution of Rames and Suthar Batumalai
until their clemency petition is duly considered and decided upon;
Call on Malaysia, given the fact
that Malaysia is currently in the process of studying and considering the possibility
of abolishing not just the mandatory death penalty, but also all death penalty,
that a moratorium on all executions be put in place until a final decision is
made about death penalty in Malaysia;
Call on Malaysia to tabled the
required amendments and/or law in the upcoming Parliamentary Session that will
bring about the abolition of the death penalty, restoring the discretion in
sentencing back to the judges; and
Call on Malaysia to abolish the
death penalty.
Charles Hector
For and on behalf of
MADPET(Malaysians Against Death Penalty and Torture)
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