Former Malaysian Bar presidents welcomed the government’s announcement over its agreement to abolish the mandatory death penalty for certain crimes.
Speaking to Malaysiakini, Ambiga Sreenevasan described the administration’s decision as a progressive move as she contended the mandatory death penalty is not effective in deterring crime.
“This is great news. It is an important and long-awaited step forward to the complete abolishment of the death penalty. But we will take this first step as a win for the rule of law.
“There is enough evidence that the death penalty does not work. But for now, this is a significant step forward.
“The recent barbaric executions in Singapore must have opened our hearts and minds to the necessity of this step,” said the private lawyer, who helmed the Bar Council presidency from 2007 to 2009.
Commercial lawyer Lim Chee Wee, who was Bar president from 2011 to 2013, commended the government as there have been instances where people have been wrongly found guilty of offences punishable with death.
“The government of the day must be applauded for this momentous decision, which is the right and positive move (in) ensuring no innocent person is wrongly punished as a result of an imperfect legal system, and (to) bring an end to excessive and disproportionate punishment,” Lim said.
Having headed the Bar from 2009 to 2011, civil and criminal practice lawyer Ragunath Kesavan labelled the abolishment of mandatory death sentence as empowering courts nationwide to create a more humane judicial system.
“It is a huge step forward for a more humane criminal justice system in Malaysia.
“It puts back the discretion (whether to impose the death sentence) in the judiciary to decide on the punishment,” he said, adding that the other proposed reforms are very progressive and welcomed as well.
In applauding the government’s move to do away with mandatory death sentence, Salim Bashir said it is because the justice system should be committed to perpetuating human life and should oppose any law that provides for its termination.
Having helmed the Bar from 2020 to last year, the lawyer however sought for the government to clarify whether those convicted prior to the abolishment of mandatory death sentence would also avoid execution.
“The question remains now on those who already convicted and sentenced to death before this decision,” Salim said.
Christopher Leong, who headed the Bar from 2013 to 2015, called the move a timely one with the hope that it paves the way towards total abolishment of the death sentence in the future.
“The death penalty is irreversible. For so long as there is the possibility of fallibility in the criminal justice systems, and that there is no 100 percent sure-fire case (note that the standard of proof is beyond reasonable doubt), there should not be the death penalty,” he said.
Proposal to substitute punishments
Earlier around midday today via a media statement, Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar announced the government has agreed to abolish the mandatory death penalty.
He said Putrajaya decided to substitute the mandatory provision with other types of punishment that would be decided by the court.
The decision was reached after Wan Junaidi presented to the cabinet on Wednesday a report titled Study on Substitute Punishments To Mandatory Death Penalty.
“The cabinet has agreed that a further study should be carried out on the proposal to have substitute punishment for 11 offences which carry the mandatory death penalty, one offence under Section 39B of the Dangerous Drugs Act and 22 offences which carry the death sentence but under the discretion of the court.”
There are 32 sections in eight federal laws that provide for the death sentence for those convicted of the crimes they have been charged with.
The mandatory death penalty means the judge can only sentence the accused to death upon conviction, except if the accused has a mental disorder.
Currently, there are 11 offences under the Penal Code and one under the Dangerous Drugs Act that carries the mandatory death sentence. They include crimes such as murder with intent to kill, drug trafficking, and possession of firearms.
For the remaining crimes, the punishment is at the judge’s discretion.
According to Wan Junaidi, the government has also accepted on principle proposals made by a special committee on substitute punishments to the mandatory death penalty, which is chaired by former chief justice Richard Malanjum and consists of legal experts and criminologists.
“The further study will be conducted in cooperation between the Attorney-General’s Chambers, the Legal Affairs Division of the Prime Minister’s Department, and other related departments and agencies.
“This move is very significant to ensure amendments to be made on Acts will take into consideration the proportionality and constitutionality of any suggestion made to the government,” he said.
Wan Junaidi said that the government’s decision shows that it gives priority to protecting and ensuring the rights of every party in the country, and thus shows the transparency of the country’s leadership in improving Malaysia’s criminal justice system. - Mkini
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