PUTRAJAYA: The moratorium on executions will stay until amendments to the mandatory death sentence – set to be tabled in Parliament this October – are passed and solutions found for those now on death row.
Datuk Seri Dr Wan Junaidi Tuanku Jaafar, however, said the government could not commute the sentences.
“The moratorium on executions will remain as long as the amendments are not finalised,” the Minister in the Prime Minister’s Department (Parliament and Law) said yesterday.
The moratorium on executions was introduced in July 2018.
Wan Junaidi said the tabling of amendments to abolish the mandatory sentence should be expedited to resolve any “dilemmas”, including court cases carrying the sentence.
“If we can have the first reading in October, lawmakers can debate on this and it can be discussed in the Dewan Negara by December.
“I am confident there will be no objections from either House.
Wan Junaidi: ‘I am confident there will be no objections from either House.’ — SHAARI CHEMAT/The Star
“By January, we should be able to abolish the mandatory death sentence,” he said.
The government has decided to abolish the mandatory death sentences for 11 offences – nine under the Penal Code and two under the Firearms (Increased Penalties) Act.
The death sentence itself will not abolished. Instead, judges will have the discretion on sentencing.
“Mandatory death penalty refers to the provision where an accused, when convicted, will be sentenced to death without exception.
“The judge has no choice in the matter even if he or she feels the accused does not deserve it,” he said.
Asked if Malaysia would eventually abolish the death sentence totally, the minister responded: “perhaps one day, we will see the end of the death penalty.”
Wan Junaidi said the Attorney-General’s Chambers were prepared to have the relevant amendments ready to be tabled in October.
He added that a public survey would also be organised by the Legal Affairs Division to gather feedback on the abolition of the mandatory death penalty.
“If we find the public is overwhelmingly against the abolition, the Cabinet will discuss the matter again,” he said.
Meanwhile, Lawyers for Liberty adviser N. Surendran said the amendments to the mandatory death sentence should be tabled in the July parliament sitting.
In lauding the government’s announcement, however, he said he believed the tabling needs to be expedited given that it is long overdue.
“This is because it involves life and death and it has already been delayed for too long by the successive government.
“It must take precedence over political Bills like anti-hoping.
“We urge the government to expedite the process.
“Since it is also clear the Opposition is supporting this, there is no reason for the delay until October,” he said.
Surendran said it is imperative to table the amendments as soon as possible given the possibility of a general election due to the current political situation.
“In this regard, the federal Opposition or any other potential ruling bloc must now undertake to pass the law should they form the government,” he said.
Wan Junaidi said he hoped to have the first reading in October and have the mandatory death sentence abolished by January next year.
