Govt says mulling new law to handle those on death row amid moratorium

KUALA LUMPUR, Feb 15 — The government is considering enacting a new temporary law for prisoners undergoing a moratorium on the execution of the death penalty, said Ramkarpal Singh yesterday.

The deputy minister in the Prime Minister’s Department (Legal and Institutional Reform) said it will directly impact 840 prisoners representing almost 64 per cent of the 1,320 people who were sentenced to death, Sinar Harian reported.

“While the remaining 480 people will go through the appeal process as usual,” he was quoted as saying.

Ramkarpal said this at the Parliament sitting when answering a question by Jimmy Puah Wee Tse (PH-Tebrau) about the latest developments in the act to abolish the death penalty in Malaysia and the status of prisoners who are currently awaiting execution.

The Bukit Gelugor MP also added that the implementation of the principle of alternative punishment against 11 offences that carry mandatory death sentence and seven offences with the sentence subject to the court’s discretion.

“It is expected to involve the amendment of provisions in the Penal Code Act (Act 574), the Firearms Act (Heavier Penalties) 1971 (Act 37), the Weapons Act 1960 (Act 206), Section 39B of the Dangerous Drugs Act 1952 (Act 234) and the Kidnapping Act 1961 (Act 365).

“The legislative amendment involving the sentencing policy and alternative punishment against the mandatory death penalty is a positive change to the criminal justice system, it is more holistic and inclusive for the common benefit while not denying the individual’s fundamental right to get proper justice,” he said.

He said the implementation of the sentencing and alternative sentencing policy also shows the government’s commitment always to be open to reforming and improving the legal and justice system in Malaysia.

Ramkarpal said, at this point, a review and study of the provisions of related acts taking into account the recommendations from the Special Committee for the Study of Alternative Punishment to the Mandatory Death Penalty is being carried out.

“The review was also made by taking the views of interested ministries or departments and is being carried out together with the Legal Affairs Division and the Attorney General’s Department to ensure the best policy setting regarding alternative punishment to the mandatory death penalty.

“We also need to take into account the human rights empowerment aspect in addition to consideration of the cost of managing prisoners in prison,” he said.