Madpet: Single mum's death sentence shows drug law harsh on the poor

The Malaysians Against Death Penalty and Torture (Madpet) has voiced its concerns over the unfairly harsh drug laws against the underprivileged.

The group noted that in March 2018, an amendment to the Dangerous Drugs Act 1952 provided the new possibility of a sentence other than death for drug trafficking coming into force.

“However, to be sentenced to an alternate sentence of life imprisonment, certain conditions had to be satisfied, and amongst this in the unjust mandatory condition, being that ‘…the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside Malaysia'.

“Not only is this condition most unreasonable, but it also violates one’s right to a fair trial.

“It has the tendency of forcing an innocent person to undermine his/her appeals to avoid the death sentence.

“Hairun Jalmani, the single mother, who may not be really guilty of drug trafficking, certainly would not have the capacity of helping anyone disrupt drug trafficking activities. So, she will be sentenced to death,” said Madpet representative Charles Hector in a statement today.

The group’s statement came after Hairun, a single mother of nine who works as a fish seller, was given the mandatory death penalty at the Tawau High Court, Sabah on Friday after being found guilty of possessing and distributing drugs three years ago.

Hairun was charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952 which provides for a mandatory death sentence.

Citing a recent statement from Bukit Aman Narcotics Criminal Investigation Department director Razarudin Husain, Madpet noted an 80 percent increase in the number of drugs seized by the police in the first eight months of this year, compared to the corresponding period last year.

This is clear evidence that the death penalty is certainly not a deterrent to drug trafficking, said Madpet.

Madpet reiterated its call for a moratorium on executions pending abolition of the death penalty in Malaysia and called for the repeal of a legal presumption of drug trafficking on the basis of what was found in the possession of the accused at the time of their arrest.

Additionally, Madpet also called for a move to abolish the death penalty and even life imprisonment for drug offences, including drug trafficking.

“Parliament should maybe provide maximum sentences and leave it to judges to determine appropriate just sentences depending on facts and circumstances of each case,” said Madpet. - Mkini