Media Statement – 14/3/2019
Mahathir, the Cabinet and government must have the courage to abolish the
Death Penalty, not just the Mandatory Death Penalty
-
Table the
Bills, and let Parliament Decide on the Abolition of Death Penalty
MADPET (Malaysians against Death
Penalty and Torture) is saddened by the alleged U-turn by Prime Minister
Mahathir Mohamad and his Cabinet who had decided earlier to abolish the death
penalty, but now will apparently only abolish the mandatory death penalty.
On 13/3/2019, Deputy Minister in
the Prime Minister’s Department Mohamed Hanipa Maidin was reported saying in
Parliament that only the mandatory death penalty will be repealed, being the mandatory
death penalty for nine offences under the Penal Code and two under the Firearms
(Increased Penalties) Act 1971. (Malay
Mail, 13/3/2019)
It must be noted that the Cabinet
under Prime Minister Mahathir Mohamad, had at a meeting in October 2018,
decided to repeal not just the mandatory death, but the death penalty for 33
offences under eight acts.
‘The Cabinet has decided to
abolish the death penalty, and it will be tabled in the next Parliament
sitting, which will begin on October 15, said Datuk Liew Vui Keong [Minister in
charge of law in the Prime Minister’s Department] …. “All death penalty will be
abolished. Full stop.” ‘ (Malay Mail, 10/10/2018)
This decision was applauded
worldwide, and even celebrated at the recent 7th World Congress Against the
Death Penalty in Brussels on 26/2/2019 to 1/3/2019, who also highlighted the
United Nations General Assembly 7th Resolution for the moratorium of
executions pending abolition that was adopted on 17/12/2018, with 121 in
favour(including Malaysia for the very first time), 35 Against and 32 Abstention.
It is now disappointing that some
Cabinet Members and political parties in Pakatan Harapan may have buckled, and this
maybe what led to a change in position. It must be noted that at the end of the
day, it is the Prime Minister that chooses his Cabinet, and so blame would
really fall on the Prime Minister.
All the Cabinet had to do was to
table the Bill/s to repeal the death penalty, and leave it to Parliament. If
Parliament defeats the Bill, then blame lies with Parliament not Mahathir and
his Cabinet.
The mandatory death penalty has
already been declared unconstitutional in about 12 jurisdictions, the last
being in Kenya and in June 2018, in Barbados. There is currently a challenge at
the Federal Court, seeking a similar declaration that the mandatory death
penalty is unconstitutional, in a case represented by Gopal Sri Ram. (Star,
6/3/2019). The court may most likely declare that mandatory death penalty is
unconstitutional.
Mandatory sentences, is undemocratic and
unconstitutional as the legislature infringes and takes away completely the
power of the Judiciary, when it comes to the imposition of an appropriate and
just sentence on a convicted person. Parliament could fix minimum, and maybe
maximum sentences but should never take away judge’s discretion when it comes
to sentencing.
As such, the abolition of the
mandatory death penalty is long overdue,
but is really no great achievement. Abolishing the death penalty, on the hand,
will be something we can all be proud of, as Malaysia joins the majority of
nations. Everytime someone is executed, every Malaysian is responsible for the
death.
The reason for the abolition of
the death penalty is clear. It has been shown in Malaysia that it is no deterrent
to crime. It has been shown for drug trafficking, and we believe that number of
murders have been increasing, a fact that cannot be shown ever since the past
government stopped giving actual statistics of crimes, including murder since
about 2014. Now, we get a crime index, which is a basket of several crimes,
which hides the fact whether the number of murders, rapes, snatch thefts,
robberies or any particular crimes are actually increasing or decreasing.
Malaysians deserve real statistics of each and every crime.
The risk of miscarriage of
justice is very real, where an innocent man could wrongly be executed – the flaws
of the administrative of justice is real. Many believe that Anwar Ibrahim, who
was convicted and sentenced twice for sodomy, is such a ‘miscarriage of justice’.
The police, prosecutors, lawyers and judges can all make mistakes or wrongs.
Anwar was lucky as his sentence was imprisonment, not death.
Spending time in prison is
adequate punishment, and there is really no justification of putting anyone to
death in this modern world. The notion justice will be done only by the killing
killers, raping those who rape, beating up those who had assaulted others and
such kind of punishments is not the kind of justice that Malaysia should ever advocate.
Without the total abolition of
death penalty, Malaysia is most unlikely to bring back Sirul Azhar from Australia,
and as such that may prejudice the investigation of other perpetrators who may
have been involved in ordering or paying for the Altantuya Shaariibuu murder.
In a criminal trial, accused
person will usually elect to remain silence, not pleading guilty or let alone say
‘I did it with so and so’ or “I did it because I was ordered or paid to do so
by some other person’ because any such statement will also be a personal
admission of guilt. It is also less likely for those sentenced to death, to
even after all appeals and petitions are exhausted to come forward and give
information about perpetrators yet to identified and/or prosecuted – what is
the use, as they still will be executed.
Remember that there is always a
possibility that those perpetrators, still free and unidentified, may threaten
the convicted to remain silent, if not their family members may be harmed.
However, if the sentence is not death, then there is a better chance of the
convicted speaking up and more perpetrators being brought to justice.
Malaysia, being a Muslim majority
nation, should also not insist the death penalty, now in secular laws not
Islamic laws, that do not comply with
the evidential and procedural requirement of Islam, to be retained. Christians,
and especially Catholics, after Pope Francis’s clear position for the abolition
of the death penalty, also do not
support the continued existence of the death penalty. Likewise, Buddhist,
Hindus and Sikhs that advocate the sanctity of life, should be against the
death penalty.
SUHAKAM, the Malaysian Bar,
Parliamentarians for Global Action(PGA) and so many others also wants the Death
Penalty abolished in Malaysia.
It must be pointed out that even
in France, when the death penalty was abolished by the government, over 60% of
the population were against abolition.
The Prime Minister and the
parliamentarians must have the required political will and courage to do the
right and just, and immediately abolish the death penalty.
The worry of loss of popular
support and the impact on the next General Elections, in 4 years time, is a
deplorable reason not to completely abolish the death penalty now.
MADPET urges PM Mahathir and his
cabinet to bravely table the Bill to abolish the death penalty for all
offences, and let Parliament decide on it. Let the votes be transparent, so all
will know how each and every Parliamentarian voted, which will also help in
people to later lobby their MPs.
MADPET also calls for the
continued moratorium on all executions pending the abolition of the death
penalty.
MADPET calls on the Malaysian political
parties to come out and clearly state their position on the Death Penalty. It
is shameful to give the impression in certain forums that it is for the
abolition of the death penalty, only to see some of their leaders come out later
taking an opposite stance.
MADPET also calls for
Parliamentarians in the Opposition and backbenchers to also support the
abolition of the death penalty on principle and for justice, and not simply
vote against it just because it is a Bill tabled by the government.
Charles Hector
For and on behalf MADPET(Malaysians Against Death Penalty
and Torture)
Deputy minister: Death penalty to stay but will be made optional
Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin said this mandatory death penalty was for nine offences under the Penal Code and two under the Firearms (Increased Penalties) Act 1971.
“We have made a decision. The government will only repeal the mandatory death penalty. We will make the amendments. This is in keeping with the 27th pledge in the Pakatan Harapan (election) manifesto,” he said when replying to a question from Datuk Che Abdullah Mat Nawi (PAS-Tumpat) during Question Time.
Replying to a supplementary question from Abdullah on whether the government intends to set up a parliamentary select committee to discuss the repeal of the death penalty before tabling the amendment bill, Mohamed Hanipa said he would forward the suggestion to the government.
The Cabinet, at a meeting in October 2018, decided to repeal the mandatory death penalty for 33 offences under eight acts. — Bernama - Malay Mail, 13/3/2019
Minister: Putrajaya to abolish death penalty
PETALING JAYA, Oct 10 — The Cabinet has decided to abolish the death
penalty, and it will be tabled in the next Parliament sitting, which
will begin on October 15, said Datuk Liew Vui Keong.
The minister in charge of law in the Prime Minister’s Department said
while the government is studying certain cases, as of now, all
executions have been halted.
“All death penalty will be abolished. Full stop.
“We are studying certain issues... we need to look into it and hear
the views of all, but as it stands today, the decision is to abolish the
death penalty,” he told the media after the “Law Reform Talk” at
Universiti Malaya here, today.
Liew said that with Putrajaya intending to abolish the death penalty,
the Pardons Board will be tasked with looking into the applications of
death row inmates.
“Our view is that executions should not be carried out we will inform
the Pardons Board to look into the various applications for all the
death row inmates to either commute or release them.
“When commuted, they would have to face life imprisonment because
there had been several deaths that were caused by the offender and so
they were sentenced to death by the court,” he said.
Liew added that all the paperwork for the abolishment of the law is
in its final stages, and that the Attorney General (AG) had given the
green light for it to be tabled in Parliament.
“All the papers are in the final stage. The AG has also indicated to
us that it is ready to be tabled, hopefully in this (Parliamentary)
session,” he said.
Earlier in his opening speech, Liew said the Pakatan Harapan
government is also mulling a repeal of the Sedition Act 1948 and other
draconian laws. - Malay Mail, 10/10/2019
Mandatory death sentence for drug trafficking unconstitutional, court told
Read more at https://www.thestar.com.my/news/nation/2019/03/06/amending-mandatory-death-sentence-on-drug-offenders-unconstitutional-court-told/#pePLQxvjv0HkSYaE.99
Read more at https://www.thestar.com.my/news/nation/2019/03/06/amending-mandatory-death-sentence-on-drug-offenders-unconstitutional-court-told/#pePLQxvjv0HkSYaE.99
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