Bar Council calls on govt to amend Dangerous Drugs Act and review death sentences

PUTRAJAYA: The Malaysian Bar has called on the government to further amend the Dangerous Drugs Act (DDA) 1952 to enable those prosecuted to apply for a review of their death sentences under the latest provision of the law.
Calling for a moratorium on all pending executions, its president George Varughese (pix) expressed concern that the judiciary may still be limited in their consideration of the mitigating factors and circumstances that surround each case prior to sentencing.
"Such mitigating factors can include, and are not limited to, the offender's age, rehabilitation goals, past criminal record, the role played in the offence, mental capacity, reparations made, fear of another person, use of violence, the harm done to property or persons, and degree of cooperation with the authorities.
"The Bar is troubled by the determination on whether the death penalty is imposed upon an assessment of the convicted person's ability or willingness to assist in disrupting drug trafficking activities.
"A person's right to life is a fundamental right, not a privilege that can be revoked if that person is deemed not sufficiently 'useful' to an enforcement agency.
"The sentencing process is, and should always remain, within the unfettered domain of the judiciary," he said in a statement, today.
With the passing of the Dangerous Drugs (Amendment) Bill 2017 by the Dewan Rakyat on Nov 30, Varughese said the Bar welcomed the removal of the mandatory death sentence for drug offences and the restoration of judicial discretion in sentencing
"We wish to recognise the government for having considered public feedback by amending the Bill and removing the requirement of the public prosecutor's certification of the assistance rendered by the convicted person, for the Judge to not pass the death penalty," he said.
However, he pointed out that the amendment did not apply retroactively, hence prompting the Bar to suggest its proposal.
Despite the proposal, Varughese stressed that the Bar remains resolute in its position that the death penalty is an extreme, abhorrent and inhumane punishment.
"The Malaysian Bar calls upon the government to act without delay to abolish the death penalty for all crimes, and to uphold the right to life, which is absolute, universal and inalienable," he said.