PM, the Cabinet and government must have the courage to abolish the death penalty — MADPET
MARCH 14 — MADPET (Malaysians against Death Penalty and Torture) is
saddened by the alleged U-turn by Prime Minister Tun Dr Mahathir Mohamad
and his Cabinet that had decided earlier to abolish the death penalty,
but now will apparently only abolish the mandatory death penalty.
On March 13, 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mandatory death penalty will be repealed, being the mandatory death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 Dr Mahathir, 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
February 26, 2019 to March 1, 2019, who also highlighted the United
Nations General Assembly 7th Resolution for the moratorium of
executions pending abolition that was adopted on December 17, 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 Dr 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. Every time 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 per cent of the population were
against abolition.
The Prime Minister and 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 four 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 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.
*This statement is submitted by Charles Hector, for and on behalf of MADPET (Malaysians Against Death Penalty and Torture). - Malay Mail, 14/3/2019
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