Adpan: Abolishing mandatory death penalty a ‘progressive’ move

 

Putrajaya's agreement to abolish the mandatory death sentence from the country’s criminal justice system has been lauded by many.

This includes the Anti-Death Penalty Asia Network, or Adpan, a pressure group that fights to abolish the death penalty in the Asia Pacific, which welcomed the move as a "progressive step forward".

"Adpan welcomes the announcement by the Malaysian government that it will be reviewing and abolishing the mandatory death penalty in Malaysia.

"The mandatory death penalty regime does not provide justice as it deprives judges of the discretion to sentence based on the situation of each individual offender.

"This regime has resulted in absurd sentences that have led to public outcries, such as those involving Hairun Jalmani, a single mother sentenced to death for drug trafficking in Tawau, and Mainthan Arumugam, a person on death row for a murder that never happened," the organisation said in a statement this afternoon.

Adpan called on the government to also carry out critical reform in its criminal justice system, including redefining drug offences to account for drug mules and other exploited individuals and strengthening the country's rehabilitative justice and victim support system.

Similarly, the political party Muda also lauded the decision by Putrajaya, saying that it is a significant change that would ensure offenders are given a chance at life.

"Mandatory death sentences have never been proven to have helped reduce the crime rate.

"This decision must be followed by adopting punishments that are based on restorative justice by the government. It must be ensured that the country's laws and legal system will be fair to all," said the party's information chief Luqman Long in a statement.

Luqman said the abolishment of the mandatory death penalty was part of Pakatan Harapan's manifesto for the 14th general election, and he thanked today's government for continuing the effort.

"Also, thank you to all the activists and human rights groups that had been relentless in fighting for this issue."

Review all mandatory death penalty cases

Amnesty International Malaysia executive director Katrina Jorene Maliamauv, in praising the move, urged Putrajaya to review all mandatory death penalty cases.

“We applaud the government’s decision to abolish the mandatory death penalty and to grant judges discretion in sentencing. It’s a welcome step in the right direction, and we urge it to go further and work towards full abolition of this cruel punishment.

“The government should table the necessary amendments in Parliament without delay and establish a full review of all cases involving the mandatory death penalty with a view to commuting these sentences.

“We have seen and documented time and time again how the use of mandatory sentencing has disproportionately harmed the most marginalised and disenfranchised members of society, how the death penalty itself has not served as a unique deterrent to crime, and how its continued use has stifled the necessary and visionary work towards enabling fair justice and addressing issues at the root causes,” she said.

1,366 still on death row

Calling the move as something “historic”, Suaram executive director Sevan Doraisamy said they are still of the view that Malaysia should be looking into total abolishment of the death penalty.

The NGO also expressed their approval of the plan to have substitute punishment for offences under Section 39B of the Dangerous Drugs Act for drug trafficking.

“The stark reality remains that there are still 1,366 people on death row as of September 2021, while a significant majority of them were found guilty under section 39(B) of the Dangerous Drugs Act 1952.

“Therefore, we are also delighted that the government, in working towards abolishing the mandatory death penalty, will be looking into revising section 39(B) of the Dangerous Drugs Act 1952.

“Suaram maintains the view that Malaysia should be looking at the total abolishment of the death penalty. Nevertheless, the announcement today is a significant step forward toward seeing a Malaysia that is free from the inhumane practice of the death penalty.”

Similarly, PKR’s Elizabeth Wong expressed her hope that the cabinet’s decision would be a precursor to the total abolition of the death penalty in Malaysia.

“Times have changed and Malaysia must catch up with the rest of the world in recognising the sanctity of life.

“I hope this will be the precursor to the abolition of the death penalty in Malaysia,” she said in a statement.

Hold your horses

Meanwhile, Phil Robertson, Human Rights Watch Asia deputy director, while recognising the move as an important step, said he would hold his praise until the Malaysian government implements its decision.

He claimed that the Malaysian government had the tendency to “float trial balloons about human rights initiatives” but had delivered little progress.

“But before everyone starts cheering, we need to see Malaysia pass the actual legislative amendments to put this pledge into effect because we have been down this road before, with successive Malaysian governments promising much on human rights but ultimately delivering very little.

“The Malaysian government loves to float trial balloons about human rights initiatives because it knows the international community has a short attention span and will take this as a sign of Malaysia progressing forward. But the reality is often more complicated, so we’ve learned to be wary.

“Hopefully, Malaysia will do the right thing by immediately implementing this pledge to do away with the mandatory death penalty.” - Mkini