Enforce law allowing 850 death row inmates to seek review, govt urged

 The government is urged to put into force a revision of the law pertaining to death sentences, so some 850 death row inmates can seek a review of their sentence.

The Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Act 2023 (Revision of Sentence Act) was gazetted on June 6 but is not yet in force.

By enforcing it, some 850 of 1,324 persons on death row, who have exhausted all appeals, will qualify for a revision of sentence, the Malaysians Against Death Penalty and Torture (Madpet) spokesperson Charles Hector (above) said.

This comes after the government announced that the Abolition of Mandatory Death Penalty Act came into force on July 4, allowing judges discretion on the type of sentence meted out to those convicted on some 11 offences.

Hector said besides putting the Revision of Sentence Act into force, the government should also assist the 850 inmates in submitting their review applications.

This is because the Revision of Sentence Act states all applications must be made in writing to the Federal Court within 90 days of the law coming into force.

This would place pressure on both the inmates and the system to process the applications which would be submitted at around the same time, Hector (above) said.

The applications would also likely come from those who have not yet exhausted all appeals, and as such, the number could be higher than 850.

"Given that there will be possibly about 1,000 or more reviews of sentence applications filed and have to be heard by the already busy Federal Court, it is important that the state also plays an active part in assisting those who become entitled to make a review of sentence applications to ensure justice be done, and the objects of these new laws are given full effect speedily.

"This will also need assistance from the Prisons Departments, public prosecutor, courts, and others," Hector said.

He also called on the Bar Council, which has been a strong advocate against the death penalty, to assist death row inmates applying for a review of their sentence.

He also sought understanding and flexibility from the Federal Court in reviewing the applications, and not only rely on adduced evidence.

He said this is because when the death row inmates were convicted, they would likely not have adduced much mitigating evidence.

This is because this evidence is usually adduced to seek a lower sentence, and this is not an option in offences which carried mandatory death sentences.

"As such, when it comes to the review of the death sentence now, there may be a need for serious re-evaluation of the court records and the facts, and justice may require the introduction of material new evidence, where it is hoped that the court would be flexible in this extraordinary special situation," Hector said.

He added that the court should also take cognizance of the fact that the Malaysian government, under multiple administrations, has consistently voted for a moratorium of the use of the death penalty, with a view to abolishing the death penalty by the UN General Assembly.

The Abolition of the Mandatory Death Penalty Act was also passed during the Perikatan Nasional government, under BN leader Ismail Sabri Yaakob, while the Revision of Sentence Act was tabled by the Pakatan Harapan-led government.

"In short, both the current government and the opposition parties have now adopted the position of moving towards the abolition of the death penalty," Hector said.

Abolish whipping

Meanwhile, Hector called on the government to abolish whipping as an alternate sentence to the death penalty.

The Abolition of the Mandatory Death Penalty Act allows judges the discretion to impose a death penalty or jail of between 30 and 40 years as well as not fewer than 12 strokes of the cane, or whipping.

Instead, Hector said, judges should be allowed the discretion of sentencing between 10 and 40 years, without the need for whipping.

He also urged the government to take the next step towards total abolition of the death penalty, in cases where there is no victim killed or seriously injured. - Mkini