‘Nay’ to mandatory death penalty

KUALA LUMPUR: Two Bills to abolish the mandatory death penalty were passed in the Dewan Rakyat yesterday following a voice vote by MPs.

Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh tabled 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 for their second and third readings in Parliament.

After the second reading, 10 MPs debated the Bills; this was followed by a winding-up speech by Ramkarpal and a third reading before a count of “yays” and “nays” passed the historic amendments.

The Deputy Minister emphasised that the abolition of the mandatory death penalty does not mean that Malaysia no longer uses capital punishment.

“The death penalty is still maintained for certain cases. We need to have confidence in the judiciary in deciding based on their discretion,” said Ramkarpal.

The passing of the Bills allows judges the option to impose jail terms of up to 40 years to replace the mandatory death penalty.

Earlier, Ramkarpal said according to global statistics, the absence of a death penalty shows no increase in crime rates compared with having capital punishment in place.

Ramkarpal also said the government had met with the families of murder victims to get their opinion on the Bills.

“In fact, a committee led by the former chief justice had also conducted its studies and met with the families of victims.

“So the government has taken into account the views of both sides – the pro-abolition and those against abolition – before making the decision,” he said.

Ramkarpal explained further that the decision was made after taking into account factors such as the feelings of victims’ families, whether or not the death penalty is proportionate with the crime and the basic human rights of an offender, among others.

Earlier, when tabling the Bills, Ramkarpal said data show no recidivism rates for criminals let off from a death sentence.

He also said there was no research backing the success of the death sentence in preventing crime.

“The abolition of the mandatory death penalty is the first step in transforming Malaysia’s criminal justice system. I believe that after this, there will be more legal reviews to support the government’s commitment to creating a legal system that is dynamic, progressive and relevant to current needs,” he said.

The Abolition of Mandatory Death Penalty Bill 2023 was tabled for the first reading by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Ohman Said on March 27.