Abolishing death penalty could have snowball effect on Malaysia's criminal justice system

PETALING JAYA: The Government has done the right thing by abolishing the mandatory death penalty, which could open doors for a reform of Malaysia's criminal justice system.

Lawyers for Liberty adviser N. Surendran said the government should be applauded for taking this long-awaited step.

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"It is a big positive for our country's image and an important step towards the total abolition of the death penalty.

"The moratorium against executions must also continue," he said on Friday (June 10).

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He also said the focus on substitute sentences should be on rehabilitating offenders, adding that the substitute punishment must be imprisonment.

"These punishments must also not be neither excessive nor oppressive.

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"We also opposed the imposition of caning in addition to imprisonment as it is both cruel and degrading," said Surendran.

However, non-governmental organisation Human Rights Watch said changes to the law must be made before the death penalty is truly done away with.

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Its deputy Asia director Phil Robertson said the reality of the situation was far more complicated.

"Firstly, we need to see Malaysia actually pass these amendments to put the pledge into effect.

"We have been down this road before with successive Malaysian governments promising much on human rights," he said, adding that it has caused them to be wary.

Robertson, however, said the announcement of doing away with the mandatory death penalty was an important step moving forward.

"This is important when considering how trends on capital punishments are headed in precisely the opposite direction for neighbouring countries," he said in a statement on Friday.

Malaysian United Democratic Alliance (Muda) information chief Luqman Long meanwhile said the decision was a significant milestone towards ensuring those found guilty were given a second chance.

"Substitute sentences should also lean towards restorative justice," he said in a statement.

Batu Kawan MP Kasthuri Patto hoped the decision could create a snowball effect in the region, particularly towards countries that are still practising the mandatory death penalty.

"At the same time, it opens up gateways for the government to review the prison and criminal justice system as well," she said when contacted.

She also applauded Minister in the Prime Minister's Department Datuk Seri Dr Wan Junaidi Tuanku Jaafar for his political will and courageous stand.

Kasthuri added that she was looking forward to the Dewan Rakyat sessions when the Bills on the matter are tabled and the legislative amendments proposed.

"I sincerely hope that lawmakers will be able to debate this passionately in Parliament in the interest of rehabilitative justice alongside the reforming of the criminal justice system.

"At the same time, we should strive to engage with international organisations who have campaigned the abolishment of the death penalty to identify the best practices for it, alongside learning what challenges other countries have faced when moving in this direction," she said.