©Malay Mail (Used by permission)
KUALA LUMPUR, Nov 24 — The government should stop all executions of convicted drug offenders ahead of the expected review of Malaysia’s mandatory death sentence for drug–related crimes, lawyers nationwide said today.
The three professional bodies representing the country’s lawyers – Malaysian Bar, Advocates’ Association of Sarawak (AAS) and the Sabah Law Association (SLA) – said no one should be executed while the government has yet to decide on the death penalty.
“In light of the impending review of the mandatory death penalty for drug–related offences, the Government should, in the interest of justice, declare and implement an immediate official moratorium on any and all executions in such cases,” the three bodies said in a rare joint statement.
“All of these sentences should be stayed pending the results of the review. It is unfair and unjust to carry out the death sentence when there is currently a possibility of reform which, if effected, should apply retrospectively,” said the statement signed by the Bar president Steven Thiru, AAS president Leonard Shim, SLA president Brenndon Soh.
The three bodies said concrete action on the frequently–discussed abolition of the mandatory death penalty is “long overdue”, noting that the government had in the last five years on at least four instances made remarks on its willingness to review this punishment.
“It has been two years since the government and the Attorney General’s Chambers informed those present at a dialogue, with Members of Parliament on discretionary sentencing for capital punishment on 14 November 2013, that they were in the midst of such a review,” the three bodies pointed out.
Backing the government’s efforts to scrap the mandatory death penalty, which they said was “extreme, degrading and inhumane”, the three bodies agreed that such a move would be consistent with the right to life that should be absolute, universal and inalienable regardless of the crime committed.
“Moreover, there appears to be no significant reduction in the crimes for which the death penalty is currently mandatory.
“Further, a major survey on the mandatory death penalty in Malaysia in July 2013, found that there is very little public support in Malaysia for the mandatory death penalty for drug–related offences,” they said.
They also said the removal of the mandatory death penalty will give judges the discretion to sentence a convicted person to either death or imprisonment.
In a recent interview with The Malaysian Insider, Attorney–General Tan Sri Mohamed Apandi Ali said that he wished the courts had discretion on sending convicts to the gallows or otherwise.
On November 17, de facto law minister Nancy Shukri said she hopes to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March next year.
Under Malaysia’s current law, the death sentence is a must for firearms, drugs, treason and murder related offences.
In a written reply to Ipoh Barat MP M. Kulasegaran dated November 3, Nancy cited statistics from the Prisons Department and said there are currently 1,022 convicted inmates awaiting execution, but these sentences could not be carried out as the inmates are still appealing the court’s decision.
In her reply on behalf of the prime minister, the minister in the Prime Minister’s Department said 33 prisoners were executed between 1998 to October 6 this year, while 127 inmates received lighter sentences or clemency in the same period after their pleas and petitions were considered.