Rethinking execution: Johari is in favour of abolishing the mandatory death sentence.
PETALING JAYA: The King granting a general amnesty were among proposals raised on how to resolve the fate of the 1,327 inmates currently on death row following plans to consider doing away with the mandatory death sentence.
Dewan Rakyat Speaker Datuk Johari Abdul said that a special tribunal could be set up to look into the death row cases to see what is to become of them.
“Set up a special tribunal akin to the Pardons Board.
“The tribunal could be made up of prominent judges or former judges to look into these cases.
“Let them give their views and decide what to do,” he told The Star at his office yesterday.
He said he was in favour of abolishing the mandatory death sentence by giving judges the discretion to impose the capital punishment.
He was asked to comment on a statement made by Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms) Ramkarpal Singh on Tuesday that the government is reviewing the proposals on alternative punishment for the 1,327 inmates on death row in tandem with the plan to abolish the mandatory death penalty.
Ramkarpal said this includes looking at the previous recommendations of the special committee set up in 2019 and chaired by former Chief Justice Tun Richard Malanjum to look at alternative punishments.
Meanwhile, Malaysian Bar president Karen Cheah suggested that the government works closely with the Pardons Board to ensure that the 1,327 inmates on death row are also sparred the gallows
Although there is currently a moratorium on the death sentences being carried out, she said that it was inhumane to allow the convicts to languish in prison without any end in sight.
“It would therefore be more humane that the Pardons Board be utilised as a structured approach to resolve this problem.
“The Bar is more than willing to assist these convicts on death row in preparing the relevant petitions to be submitted to the Pardons Board through our National Legal Aid programme,” she said when contacted yesterday.
Former minister in charge of law Datuk Seri Dr Wan Junaidi Tuanku Jaafar said it may not be feasible for the death row cases to be resolved through the Pardons Board or a special tribunal.
He said this is because each state has its own Pardons Board, which would lead to complications in disposing of the appeals.
He also noted that some of the death row cases were decided by the Federal Court, which is the highest court in the country according to the Federal Constitution.
“It would go against the constitution if a tribunal is set up and has jurisdiction above the Federal Court,” he said.
Wan Junaidi said he had previously suggested that a general amnesty is given to the death row inmates.
“A new law could be created and the constitution amended to give the King the power to grant a general amnesty.
“The death sentences could be commuted to life imprisonment or otherwise depending on the facts of each case,” he said.
Malaysian Centre for Constitutionalism and Human Rights director Fahri Azzat said Ramkarpal should give an indication as to when the government expect the legislation abolishing mandatory death penalty to be tabled.
“The fear is that in all the reconsiderations being done and feedback being acquired, we may miss the opportunity to pass these laws as how it had happened the last time,’’ said Fahri.
On Oct 6, Wan Junaidi tabled seven separate Bills in Parliament to pave the way for the abolition of the mandatory death sentence.
However, the Bills were not passed following the dissolution of Parliament on Oct 10 for the 15th General Election to be held.
Last month, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the Cabinet has agreed to continue with reviewing laws related to the mandatory death penalty.
