Table Bill to abolish mandatory death penalty, says Malaysian Bar

PETALING JAYA: The Malaysian Bar has urged the government to table a Bill in the current session of Parliament to put an end to the mandatory death penalty.
The government should also declare an official moratorium on the use of the death penalty, stay any pending executions, and commute every death sentence to one of life imprisonment, Malaysian Bar president George Varughese said in a statement today.
He was referring to Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said's statement that the Cabinet has decided to amend the Dangerous Drugs Act 1952 to allow judges discretion in sentencing, instead of having to mete out the mandatory death sentence on drug traffickers and couriers.
"The statutory imposition of the mandatory death penalty ties the hands of judges when it comes to sentencing, and diminishes their role as judges," Varughese said.
"It prevents them from considering the manifold mitigating factors and distinctive circumstances that surround each case, before sentencing.
"These factors include, and are not limited to, the offender's age, rehabilitation goals, past criminal record, role played in the offence, mental capacity, reparations made, fear of another person, use of violence, harm done to property or persons, and degree of cooperation with the authorities."
He added that justice would not be served if these factors are not taken into account before the mandatory death sentence is mechanically handed down — without a judge's thoughtful consideration and weighing of any mitigating elements — to comply with the letter of the law.
Although the proposed amendment relates only to the mandatory death penalty for drug offences, the Malaysian Bar is of the view that the death penalty should be removed for all offences, irrespective of the crime that may have been committed.
The death penalty has no place in a society that values human life, justice and mercy, Varughese said.
"The Malaysian Bar regrets that despite the government's repeated announcements, over the past several years, that it has been looking into abolishing the mandatory death penalty, no draft legislation has yet been tabled," he added.