PETALING JAYA: Now that Malaysia is finally dropping the mandatory death penalty, we should move ahead to consider “rehabilitative justice”, says an NGO.
NGO and civil society organisations that have been pushing for Malaysia to stop applying the mandatory death penalty welcomed the passing of two Bills in Parliament yesterday that finally did away with the mandatory penalty: the Abolition of Mandatory Death Penalty Bill 2023 and the Revision of Sentences of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Bill 2023.
However, two NGOs said that while the move is welcomed, the government can do more by making rehabilitation a part of Malaysia’s criminal justice system.
Lawyers for Liberty (LFL) and Anti-Death Penalty Asia Network (Adpan), which have been at the forefront of calling for the abolishment of the death penalty, stated that the government’s proposed alternative punishment to hanging is “equally barbaric”.
The two organisations have been especially vocal over the hanging of Malaysians found guilty of drug trafficking in Singapore.
LFL director Zaid Malek said that as the Malaysian government has acknowledged that the death penalty is not an effective deterrent while tabling the amendments, it should push for its total abolition.
“The death penalty cannot be substituted with an equally barbaric form of punishment, as it will nullify the goal of restorative justice and proportionality, the very reason they tabled these Bills to begin with.
“While moving away from mandatory capital punishment is good, it should not have been maintained as a form of punishment at all if its effectiveness cannot be proven.
“Deputy Law Minister Ramkarpal Singh himself has said that the death penalty is irreversible, so its continued existence, albeit now as a non-mandatory law, does not align with this sentiment.
“As far as the alternative punishment is concerned, 40 years of life imprisonment and a minimum of 12 strokes of the whip are still excessive.
“Whipping is internationally recognised as a form of torture.
“A long period of detention also defeats the idea of restorative justice,” said Zaid.
Adpan executive coordinator CY Chew said that while Adpan maintains its stand on the total abolishment of the death penalty, it welcomed the amendments that replace the mandatory aspect of the penalty with a discretionary one.
“Abolishing the mandatory death penalty represents a progressive step towards significant reform of the criminal justice system,” said Chew.
Chew said that it might spare the lives of those sentenced for offences which carry the death penalty as judges now have an alternate sentence, which they did not have prior to the amendments.
“The discretion granted to the court following the amendments will provide opportunities for key mitigation factors to be heard by the court, and for appropriate and fair judgments to be made.
“We have seen how the mandatory death penalty can be unfair and violate international law, especially in cases where a person with significant mitigating circumstances – such as a history of domestic violence, schizophrenia or other serious mental illness – was convicted of murder and sentenced to death.
“A discretionary death penalty would at least provide these individuals with an opportunity to be spared the penalty, which is manifestly unjust,” said Chew.
Chew pointed out that when it comes to drug offences, significant indicators demonstrate that the death penalty is counterproductive in that it enables crime syndicates.
“The executions of drug mules in Singapore have resulted in the execution of key witnesses who had significant information that could have led to the arrest of crime syndicates in Malaysia.
“In the past, the Singapore Law Minister stated that the death penalty had kept the prices of drugs high and lowered purity.
“However, this has not changed the reality that the quantities of drugs supplied and consumed have remained relatively consistent.
“This suggests that drug syndicates are financially benefiting from increased prices derived from the perceived supply constraints imposed by the death penalty,” said Chew.
Adpan is the lead regional body for organisations committed to the abolition of the death penalty across Asia-Pacific, with members from 20 countries within the region.
Meanwhile, senior lawyer Amer Hamzah agreed that the amendments passed yesterday would pave the way for the complete abolition of the death penalty in the country.
“This is a step in the right direction. I’m hoping that the day will come when even the discretionary death penalty will be abolished,” said Amer.
