MARCH 28 ― Yesterday I watched in gratitude and awe as the Minister of Law Datuk Seri Azalina Othman and Deputy Minister Ramkarpal Singh, tabled the first reading of the amendments to abolish the mandatory death penalty in Malaysia. It has been 10 years that I have been lobbying and campaigning to see a Malaysia free from the death penalty and this is certainly having one foot in the door.
The death penalty in Malaysia is a colonial law and our colonial masters have long abolished it in the United Kingdom. In Malaysia, there are 33 various offences that carry the death penalty, of which 11 are mandatory ― two from the Firearms Act and 9 from the Penal Code, which means the hands of the judges and courts are tied and no other punishment is meted out.
As of yesterday, there are 1318 people on death row in Malaysia ― the highest being for drug trafficking at 870, murder at 418, discharge of firearms at 10, seven for waging war against the Agong, six for being an accomplice in the discharge of firearms, five for kidnapping and two for gang-robberies.
I have been reading reactionary comments on social media on the government’s step to abolish the mandatory death penalty and realised how little Malaysians know about the death penalty here, and this is understandable because it is a rather large subject and covers many aspects and not just the death penalty alone but has not been discussed in the manner that it should. Many have opined that the abolition of the mandatory death penalty meant that the Government has gone soft on crime and now criminals will be set free, out and about amongst us. Some mentioned the cost of keeping the inmates in prison and it would be easier to just execute them.
This is absolutely false.
If a person is guilty of committing a crime, they must be punished and there are no two ways about it ― but not at the cost of using the death penalty.
This amendment will minimise the grave risk of a miscarriage of justice when judges are given discretionary powers in deciding to give the death penalty or not. The death penalty is still here to stay ― the difference is that the court will decide to use it or not. In this aspect, it is not true that the government is soft on crime.
Many are not aware that the last execution in Malaysia took place in 2017 and no one has been executed since then and this has not changed the crime graph in the country.
It is a known fact, in Malaysia and in many countries, of the double standard treatment of those who have committed crimes, even petty ones. A mother stealing Milo or a father stealing “petai” for their hungry families are usually dealt swiftly by the long arm of the law but many a time, the powerful, privileged and the highly connected are often let off with a sentence that doesn’t match the crime. Whilst no criminal justice system is perfect, we must do our best to minimise the risk of a miscarriage of justice and imagine the scenario when the death penalty is used.
The death penalty is not merely about executing people but also on improving current efforts and practices we have in place today. The government must also invest in fighting crime and not merely to end lives. There must also be a serious and vested interest in prison reforms in the country, and an overall approach in rehabilitative and restorative justice away from punitive alone.
Of course the approach by the Attorney General’s Chambers must also be in line with the Government move to abolish the mandatory death penalty. It must include a mindset shift accompanied by the cultural changes within the wall of the AG’s Chambers.
Amongst Asean countries, only Malaysia, Cambodia, Myanmar and the Philippines had voted a YES on the 9th UN Resolution on a moratorium on the death penalty in December 2022. Brunei and Singapore voted a NO and the rest of the Asean member states, Indonesia, Laos, Thailand and Vietnam had abstained from voting. In addition to that, this move to abolish the mandatory death penalty is also in line with Malaysia as a member of the UN Human Rights Council and shows its commitment to be a torch bearer for human rights, and human rights for all.
I look forward to a healthy, salient debate on the amendment in Parliament on April 3 and wish to see the Dewan Rakyat debate, exchange ideas and constructive suggestions on the government move to abolish the mandatory death penalty. After all, when PN was in power last year, the then Minister of Law and Parliamentary Affairs, Datuk Seri Wan Junaidi tabled the first reading to amend the mandatory death penalty on October 6, 2022 but seeing that it has lapsed with the dissolution of Parliament on October 10, 2022, and it has been retabled now by the new Malaysia Madani government.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
