PETALING JAYA: The government should immediately table amendments in Parliament to review all cases involving the mandatory death penalty, to commute the sentences of the 1,366 inmates on death row as of September last year.
Selangor Bar Council chairman Kokila Vaani Vadivelo, who said this, was commenting on the government’s decision to abolish the death sentence as announced by Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar on Friday.
She stressed that substitute prison sentences should depend on the seriousness of the offences committed.
“If it is a murder case, then consideration should be on the number of victims, how gruesome the murder was, and any other factors to determine the replacement prison sentence.
“However, for drug offences, the replacement sentence could depend on the weight, type of drugs involved and other matters that can be considered.
“Thus, the government must table the amendments in Parliament without further delay and establish a full review of all the 1,366 death row cases to have their sentences commuted,” she said.
In the meantime, Malaysians are celebrating the end of the mandatory death sentence, with many saying it was the beginning of a new era for the nation, with humanity, justice and mercy being a hallmark of our justice system.
Former Malaysian Bar president A.G. Kalidas said it was right to abolish capital punishment, which fails as a deterrent against the commission of serious crimes.
“Taking one’s life is not the answer and it never will be. No one should have the right to put a person to death. The decision demonstrates the will of the government and the effort taken by Wan Junaidi to reform laws that are not currently suitable for society.
“The death penalty violates the right to life. The government is moving in the right direction to abolish it altogether,” he said.
Similarly, former chief justice Tun Zaki Azmi said the decision indicates the government’s attention to people’s concerns and the realisation that the mandatory death sentence does not deter drug trafficking or the commission of crimes where capital punishment was imposed.
However, he cautioned that removing the mandatory death penalty may increase the prevalence of drug trafficking.
Hence, he said the authorities should increase enforcement to keep crime rates under control.
“Under the current law, there could have been some injustices because an innocent carrier of drugs, following legal statutory presumptions, is deemed guilty.
“But in reality, he should not have been convicted of trafficking because there are too many presumptions under current drug laws, such that possession of a certain amount of drugs, for instance, is deemed as trafficking,” he said.
Suara Rakyat Malaysia executive director Sevan Doraisamy said abolishing the death penalty would not increase the crime rate as long as sentences were meted out with a sense of humanity.
He also urged the government to be more aggressive in implementing the amendments, considering the number of inmates currently on death row.
“We hope the government doesn’t stop at this and must quicken the process of commuting their sentences.”
Malaysian Bar president Karen Y.L. Cheah earlier told the media the country should consider rehabilitation and restoration instead.
“The death penalty has no place in a society that values human life, justice and mercy, nor does it assure a civilised and secure society, but diminishes our humanity.
“The Malaysian Bar is steadfast in our view that life is sacred and every person has an inherent right to life as enshrined in Article 5(1) of the Federal Constitution,” she said.
