Azalina: Prisoners can start applying for court to review death sentences from tomorrow onwards as new law takes effect

KUALA LUMPUR, Sept 11 — Prisoners in Malaysia who had been sentenced to death or to life imprisonment can start applying for the courts to review their sentences from tomorrow onwards, as a new law enabling such reviews by the Federal Court will take effect from tomorrow, minister Datuk Seri Azalina Othman Said said today.

Azalina, who is a minister in the Prime Minister’s Department in charge of law and institutional reform, said the federal government will enforce the new law — known as the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 or as Act 847 — on September 12 (tomorrow).

This follows the enforcement of another new law — the Abolition of Mandatory Death Penalty Act 2023 — on July 4 this year.

Azalina said the Cabinet had on August 30 this year agreed with the mechanism to conduct court proceedings in relation to the revision of mandatory death penalties and life imprisonment which had been proposed following engagement sessions with stakeholders.

She listed the stakeholders as including the Attorney General’s Chambers (AGC), the Chief Registrar’s Office of the Federal Court (PKPM), the Malaysia Prisons Department, the National Legal Aid Foundation (YBGK), the Malaysian Bar, the Sabah Law Society, the Advocates Association of Sarawak (AAS) and the Legal Affairs Division in the Prime Minister’s Department (BHEUU JPM).

“The implementation of this mechanism to conduct court proceedings will enable all 1,020 prisoners who had been imposed the mandatory death sentence and life imprisonment, to file applications in court to make revisions on their respective sentences.

“Priority for the implementation of this mechanism covers factors such as prisoners’ age, health levels and length of prisoner’s imprisonment period and other considerations,” she said in a statement today.

To ensure access to justice and to uphold the principle of equality, the federal government — through the agreed mechanism — has agreed that prisoners sentenced to death and who cannot afford to appoint a lawyer to represent them in the revision of their death sentence can obtain legal services through a court-assigned counsel, she said.

As for prisoners who are facing life imprisonment, they can seek legal services from YBGK, she said.

Azalina said both these legal aid services which are being offered reflect the government’s priority and stance in ensuring justice is given to all Malaysians, and that the enforcement of Act 847 — which enables the revision of death and life imprisonment sentences — through the Cabinet-agreed mechanism also reflects the government’s high commitment in promoting and protecting universal fundamental human rights.

“This proves that the principle of restorative justice in Malaysia’s criminal justice system is always upheld,” she said.

“This also proves the Unity Government’s care in giving a second chance to prisoners who were sentenced to the death penalty and life imprisonment to return to society and their family and continue their life as ordinary citizens,” she said.

Both Act 847 and the Abolition of Mandatory Death Penalty Act 2023 received royal assent on June 9 and were gazetted on June 16.

Under Act 847, the Federal Court cannot review the conviction of anyone who was given the mandatory death sentence, but will have the power to retrospectively review the mandatory death sentences handed down — upon conviction for offences such as murder, drug trafficking, firearm crimes — before Act 847 came into force and even if their pardon application was previously rejected.

“Upon reviewing the application, the Federal Court shall affirm or substitute the sentence of the applicant in accordance with the Penal Code, the Arms Act 1960, the Firearms (Increased Penalties) Act 1971, the Dangerous Drugs Act 1952 and the Kidnapping Act 1961, as amended by the Abolition of Mandatory Death Penalty Act 2023,” Act 847 states.

Under Act 847, death row prisoners are allowed to file only once a written application to the Federal Court within 90 days of this law coming into effect to seek a revision of their death sentence, with the Federal Court empowered to grant an extension of the timeline for the filing of the revision application if there are good reasons to do so.

Similarly, those who have been sentenced with life imprisonment can only apply once in writing within 90 days of the law coming into effect to the Federal Court, and with the Federal Court also able to extend the deadline for filing if there are good reasons.

Under Act 847, the Federal Court is to substitute the life sentence of prisoners who applied for a revision of their sentence with imprisonment between 30 years to 40 years.