Intan Diana Abdul Rahim is fuming mad. The 40-year-old is angry that her brother, who's been languishing in prison since 2001, has not had a shot at a royal pardon, while a politician recently had his sentence halved after spending barely two years behind bars.
"We are mad. The difference is that we are common people. So, no one is looking at us," she lamented to Malaysiakini.
According to Intan, her elder brother, whom she refused to name due to fear of repercussions, was sentenced to life in prison and six strokes of the rotan 23 years ago for a firearm-related offence.
While serving his sentence, the 43-year-old received numerous awards for being a model inmate, and picked up various new skills, including sewing, she said.d but never heard back.
Intan said her family spent thousands of ringgit, including by pawning jewellery and selling land to fund her brother's legal fees.
Intan strongly believes that a "VIP", such as a politician, could get an express pathway to pardon, as opposed to a common prisoner.
"Please don't have double standards. (It's as if) if you are a 'somebody', you are a bit special," she said.
Intan is among the families of many inmates who are awaiting their second shot at life - a royal pardon, or sentence reduction/remission.
Malaysiakini reached out to the kin of one such inmate, as well as activists and lawyers following the Pardons Board's decision to reduce former premier Najib Abdul Razak’s jail term and fine over the SRC International case.
Last week, the board halved Najib's jail sentence from 12 years to six and reduced his fine from RM210 million to RM50 million.
Democracy means equality
According to Intan, it was her brother who got her in touch with the human rights group Suaram, where she met programme manager Azura Nasron.
Azura, who has dealt with many such cases involving prisoners, recalled not hearing a squeak from the Pardons Board over another royal pardon request made for Intan's brother in 2022.
"We are sad because the (inmate's) family has been fighting the case for many years. His father has passed away and his elderly mother is unwell.
"They are a B40 family who lives in a PPR (public housing scheme)," she told Malaysiakini.
As the government is embarking on a review of the death sentence and life imprisonment, the said prisoner's royal request will not be entertained as he would have to wait - possibly for a few more years - for a resentencing, Azura lamented.
"The prisoner will have to wait for a long time as the government would prioritise elderly and sick prisoners," she added.
Thus, she said it is unfair for "elite politicians" who are in jail for corruption to be prioritised by the system.
"There are many prisoners who have been behind bars for 20, 30 years, who are more deserving of pardons."
Azura opined that in the name of transparency, Najib should have "waited in line" for his turn, rather than using privilege to fast-track his case.
"Democracy means everyone is equal in law. But here, there is clear discrimination between the 'elites' and the others," she said.
'Why can't all enjoy the privilege?'
Lawyer Goh Cia Yee questioned why all accused persons can’t enjoy the same privileges that the "elites" do in the criminal justice system.
He cited the case of two of his clients imprisoned for drug-related offences, who waited for five years just to get their trials and appeals heard.
"One client was arrested five years ago, convicted in 2022, and is awaiting his appeal to be heard this year.
"Another client who was arrested five years ago for a similar offence is still waiting for the conclusion of his trial," Goh told Malaysiakini, adding that the wait would be longer for cases where bail is not possible.
He attributed such delays to analysis taking a long time to be completed, cases being transferred to the High Court, and having proceedings done in person.
Citing Najib's case as an example, Goh acknowledged that there are cases where one's status in society can be in their favour in the criminal justice system.
"Decent and humane treatment is a basic right, but sometimes it may appear to be available only depending on your status in the society," the lawyer said. - Mkini
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