PETALING JAYA: More time should be given to the review application process for death penalty cases to be commuted, says the Human Rights Commission of Malaysia (Suhakam).
In a statement issued on Monday, Suhakam said that the limited time allocated for the process is a point of concern.
Suhakam said that the time is needed for lawyers to file affidavits, obtain documents and prepare a strong case for the review.
Below is the Suhakam statement in full:
The Human Rights Commission of Malaysia (Suhakam) welcomes the Government's move to review sentences following the Mandatory Sentencing Abolition Act 2023 [Act 846].
This transformative event underlines the government’s commitment to embracing and promoting the principles of restorative justice within our criminal justice system. Suhakam believes this step echoes the Government's earnest commitment to affirm and protect universal human rights.
Suhakam takes this opportunity to extend our appreciation to members of the "Special Committee to Review Alternative Sentences to the Mandatory Death Penalty" including our former Commissioner, Dato’ Mah Weng Kwai and our Children’s Commissioner, Dr. Farah Nini Dusuki for their relentless efforts and contribution in the preparation of the report that led to the abolition of the mandatory death penalty for 11 mandatory offences earlier this year.
While Suhakam commends the historic decision by the Federal Court in hearing the review applications by convicts on death row and serving a natural life imprisonment which resulted in the commutation of their sentences, Suhakam is concerned with the limited time allocated for the review application process. In particular, the time frame for the applicant and the lawyer to file a comprehensive review application which includes filing affidavits from family members, obtaining documents of past convictions that may not be readily available, and preparing a strong case for the review.
In addressing these challenges, we urge the government to review procedure and the timeline of filing the cause papers to give ample time for lawyers and applicants to prepare their case to ensure procedural fairness and due process for all parties involved. Suhakam calls for the review process to provide justice not only substantively to the applicant but also procedurally.
While the death penalty still exists within our jurisdiction, this hints at the unmistakable and progressive strides towards cultivating a more just, balanced, and equitable justice system.
Human Rights Commission of Malaysia (Suhakam)
16 November 2023
