After single mum sent to gallows, groups want end to death penalty

The recent death sentence imposed on a single mother of nine children for a drug offence has reignited calls for the mandatory death penalty to be repealed.

On Oct 15, the Tawau High Court had sentenced Hairun Jalmani, 55, to death for possessing and trafficking 113.9g of methamphetamines (syabu).

The fish seller was convicted under Section 39B (1)(a) of the Dangerous Drugs Act 1952 which stipulates a mandatory death sentence.

Hairun’s case made headlines after she was videoed crying out for help as she was led away while handcuffed by a police officer.

Commenting on the case, Amnesty International Malaysia noted that the mandatory death penalty meant Hairun’s life circumstances could not be considered during sentencing.

The NGO also pointed to how women were often disproportionately caught in similar situations.

“Hairun’s life chances were stacked against her. She was a single mother in Malaysia’s poorest state trying to support nine children.

“Her case is an example of how Malaysia’s death penalty punishes the poor with particular discriminations against women.

“In Malaysia, 95 percent of all women known to be under death sentence in 2019 were convicted for drug-related offences. Women who have been subjected to violence, abuse, and exploitation have little to no chance to get these factors taken into account at sentencing,” it said in a statement on Twitter.

Amnesty, which campaigns against the death penalty, thus urged the government to amend laws to allow judicial discretion when issuing death sentences.

“Current drug policies have failed to address the underlying socio-economic factors that increase the risks that lead people to use and sell drugs, including ill-health, denial of education, unemployment, lack of housing, poverty and discrimination [...]

“Malaysia must join 108 countries globally and abolish the death penalty.

“We also call on the Malaysian authorities to take prompt action to repeal the mandatory death penalty for all offences and bring national legislation in line with international human rights law and standards,” it said.

Meanwhile, Anti Death Penalty Asia Network (Adpan) executive coordinator Dobby Chew also called for the need for judicial discretion.

“For those charged for drug trafficking under Section 39B of the Dangerous Drugs Act 1952, you have one chance to prove that you are not a trafficker and nothing else.

“If you fail to do so, the law does not take into account the involvement and complicity of an accused and removes any discretion of judges in deciding whether the death penalty is appropriate.

“Nothing of your circumstances matters as the court has no choice but to sentence you to death. None of the factors such as poverty, coercion, or being a victim yourself is taken into account.

“It does not matter if you were a drug mule unknowingly forced to carry drugs, it does not matter if you are coerced into distributing the drug, it does not matter if you are poor and have no choice but to peddle on behalf of kingpins,” he said in a statement.

MPs: Abolish mandatory death penalty

Several opposition lawmakers have similarly expressed sympathy for Hairun’s case and urged for the mandatory death penalty to be abolished.

Batu Kawan MP Kasthuri Patto tweeted that most on death row were poor and convicted for drug-related offences.

The DAP politician vowed to persist in pressuring Putrajaya to abolish the mandatory death penalty.

Also against the mandatory death penalty was independent Muar MP Syed Saddiq Syed Abdul Rahman, who underscored inequalities in the legal system.

“I am not asking for crime to be permitted.

“But punishment has to be proportional. (Harun was) arrested with 113.9g (of methamphetamines) and from a desperate family background (and given) a death sentence.

“Until when will this cycle affecting people living in poverty continue?” he tweeted.

The Pakatan Harapan administration had been working on its GE14 manifesto promise of abolishing the mandatory death penalty before it collapsed.

In February 2020, former prime minister Dr Mahathir Mohamad had noted that a mandatory death sentence for drug possession was too harsh.

In November 2020, the Perikatan Nasional government had said it was scrutinising alternatives to the mandatory death penalty along with factors like crime prevention and public awareness.

No reforms were promised or tabled before PN collapsed in August 2021.

The new administration led by Prime Minister Ismail Sabri Yaakob has yet to declare its stance on the mandatory death penalty.  - Mkini