Go further, Malaysia, abolish capital punishment entirely

THE Malaysian Bar wholeheartedly welcomes the announcement on June 10 by Datuk Seri Dr Wan Junaidi Tuanku Jaafar, Minister in the Prime Minister’s Department (Parliament and Law), that the Cabinet has agreed to replace the mandatory death penalty in Malaysia. This will essentially give judges discretion in sentencing – correctly so, as sentencing powers should always remain within the unfettered domain of the judiciary.

The Malaysian Bar looks forward to the conclusion of a study to be carried out on the proposed substitute sentences for 11 offences carrying the mandatory death penalty, and seeing relevant legislative reforms being tabled and passed by both Houses of Parliament in the Parliamentary session beginning on July 18.

ALSO READ: Abolition hailed, still lots of work ahead

However, we note that there has been no announcement of any timeline or any release of draft legislation to this effect. The Malaysian Bar therefore calls upon the government to introduce the amending legislation without further delay. Any further delay will mean more people being sentenced to die.

It should also be highlighted that while this announcement is a significant step forward for the country, it still falls short of an earlier pledge to abolish capital punishment entirely in Malaysia, which was announced by the then Minister in the Prime Minister’s Department (Law), the late Datuk Liew Vui Keong, on Oct 10, 2018.

The current Cabinet’s decision is clearly a correct one and a step in the right direction, but more has to be done to ensure the total abolition of the death penalty. The death penalty has no place in a society that values human life, justice, and mercy; nor does it assure a civilised and secure society, only diminishing our humanity. And very little is achieved in imposing the death penalty except to satisfy the need for retribution. Any advanced society should focus on rehabilitation and restoration instead.

The Malaysian Bar has long advocated and campaigned for the total abolition of the death penalty in Malaysia. We must remember that the burden of imposing a sentence of death is great and leaves no margin for human error.

The Malaysian Bar is of the view that life is sacred, and every person has an inherent right to life as enshrined in Article 5(1) of the Federal Constitution of Malaysia, which shuns the arbitrary deprivation of life. The right to life is a fundamental right that must be absolute, inalienable, and universal, irrespective of the crime committed by the accused person. As we progress in the democratic development of our country, we must shift away from killing people in the name of “justice”.

At present, there is a moratorium on the execution of death row inmates. The Malaysian Bar calls upon the government to work with the Pardons Board to ensure that the more than 1,359 convicted persons currently on death row are spared execution. We advocate that all death sentences be commuted to sentences of imprisonment, proportionate to the gravity of offences committed, taking into consideration the mitigating factors and distinctive circumstances that surround each case. Only then will the punishment meted out be both just and effective.

ALSO READ: Hope and elation for family of man on death row

The Malaysian Bar always stands ready to provide assistance and commitment to the government for the requisite legislative reforms to be made in the short term, as well as for realising the ultimate objective of the total abolition of the death penalty in Malaysia as a long-term plan.

KAREN CHEAH YEE LYN

President,

Malaysian Bar