Media Statement – 17/7/2020
Abolition of the Mandatory Death Penalty in Malaysia Should Not Be
Delayed Anymore
Parliament should not take away judges’ power and discretion in
sentencing.
MADPET(Malaysians Against Death
Penalty and Torture), in light of the recent conviction for murder and the
sentencing to death 6 persons to death in the Kevin Morais on 10 July
2020, reiterates the call for the immediate
abolition of the mandatory death penalty, which deprives the trial judge the discretion
to sentence persons convicted of murder justly.
They may be all involved in the
murder, but all the 6 may certainly not deserve the same sentence of death.
The person who paid or ordered
the murder ought to receive the highest sentence. Maybe the person who did the actual
killing deserve a high sentence, but the rest of them, depending on their
involvement and participation ought to sentenced accordingly by the judge based
on the facts and circumstances of the case.
By imposing a mandatory sentence,
Parliament removes the judge’s discretion when it comes to sentencing, which is
a power that should be left with the judiciary. The judge now has no choice but
to impose the mandatory sentence provided by the law, as enacted by Parliament.
A mandatory death penalty also
reduces the possibility of persons charged helping the authorities identify and
prosecute the ‘kingpin’, the person who ordered or paid for others to kill the
victim; and/or other persons involved in the murder.
In the Altantuya Shaaribuu murder
case, for example, there has been allegations that there may be others
involved, possibly also someone who ordered or paid the persons who did the
actual killing.
Assistance provided by accused
persons to help bring others involved in a crime, must be a mitigating factor,
which may result in a reduction of sentence – but this is not possible, when
for murder in Malaysia, the current law provides just one mandatory sentence –
death penalty. As such, mandatory sentences may end up defeating Justice, when
it helps other guilty persons evade investigation, prosecution and punishment.
Likewise in the Kevin Morais case, there may be still doubts whether the person who ordered or paid others to kill, or others involved have all been identified, investigated and charged in court. No one wants the guilty to escape.
When there is but one mandatory death penalty, many a accused will elect to be silent until all appeals are exhausted because it matters not since they will still be hanged to death if convicted. Further, there is that possibility that they may be also be subjected to threats to the lives of their loved ones by the persons who ordered or paid them to kill if they do speak up and reveal the truth.
Malaysia must abolish all mandatory sentences, not just the death penalty, and leave it to the judges and the courts to decide on the appropriate sentence for the crime in each and every case.
It may be acceptable for Parliament to set the maximum sentence. Other than that, we should trust our judges, courts and the judiciary to impose an appropriate and just sentence depending on the facts and circumstances of each individual case, after also taking into consideration all mitigating and aggravating factors. There is, in Malaysia, also the right to 2 appeals, a needed check and balance, that gives the opportunity to higher appellate courts to correct errors made by lower courts, including varying the sentences imposed.
The previous Barisan Nasional government was looking at towards the abolition of the death penalty, which would bring Malaysia in line with the global trend where the death penalty have been abolished. At the end of 2019, 142 countries, which is more than two-thirds, had abolished the death penalty in law or practice
The immediate past Pakatan Harapan plus government also wanted to abolish the death penalty, and then later they backtracked to just the abolition of the mandatory death penalty.
Many in the new government since March 2020, who left the previous Pakatan Harapan coalition and/or parties, including current Prime Minister Muhyiddin Yasin, must remember their personal commitment and abolish the mandatory death penalty at the very least.
Every day the mandatory death penalty remains in Malaysian law, everyone who committed the crime of murder, including those being tried today, will be automatically sentenced to death if found guilty. This will impact also current trials, where prosecution and defense lawyers will certainly proceed differently if the sentence for murder was not the mandatory death penalty.
Parliament must respect the Judiciary, and restore sentencing discretion to the courts. All mandatory sentences ought to be abolished.
Mandatory sentences also is a
violation of one’s right to a fair trial, as it removes sentencing power of
judges, who can and will decide on just and appropriate sentences based on all
the facts and circumstances of a particular case, after also considering all
mitigating and aggravating factors.
Death penalty has been shown to have
failed in deterring crime. It is also irreversible punishment and mistakes can happen.
Death penalty also violates the right and best interest of a child when parents
and/or siblings are hung to death by the State.
The abolition of the mandatory
death penalty will not extinguish the death sentence, which will still be an available
sentence for the worst criminal.
Therefore, MADPET
-
Calls for the speedy abolition of the mandatory
death penalty, as the first step towards ultimately a total abolition of the
death penalty;
-
Calls on Malaysia to abolish all mandatory sentences
in law, and return to judges and courts sentencing discretion for all crimes;
-
Calls on Malaysia to respect the right to a fair
trial, whereby a fair trial includes also the sentencing procedure that takes
into consideration mitigating and aggravating factors before the court decides
on an appropriate just sentence.
-
Calls on the Malaysian Executive and Legislative
branch of government to respect the Malaysian Judiciary, and not remove or
diminish the Judiciary’s role and function in the administration of justice, which
includes trying all alleged law breakers to confirm guilt, and also the imposition
of a just sentence; and
- Reiterates the call for the total abolition of
the death penalty, and a moratorium on all executions pending abolition.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death
Penalty and Torture)
Not all 6 convicted of murdering DPP deserve death sentence, says NGO
PETALING JAYA: A NGO against the mandatory death penalty this evening
said not all the six sentenced to hang for the murder of a deputy
public prosecutor in 2015 deserve to be sent to the gallows.
Malaysians Against Death Penalty and Torture (Madpet) said while the
sextet were found guilty of involvement in deputy public prosecutor
Kevin Morais’s murder, they did not all deserve the death sentence.
“The person who paid for or ordered the murder ought to receive the highest sentence.
“Maybe the person who did the actual killing deserves severe
punishment, but the rest of them, depending on their involvement and
participation, ought to be sentenced accordingly by the judge, based on
the facts and circumstances of the case,” Madpet’s spokesperson Charles
Hector said in a statement.
He said this in reiterating a call for the abolition of the mandatory
death penalty, arguing that it deprived the trial judge of the
discretion to sentence any person convicted of murder justly.
The judge, he added, had no choice but to follow the law.
Hector also said the country must do away with all mandatory sentences, not just the death penalty.
Judges and courts, he said, should be left to decide on the appropriate sentence for the crime in each and every case.
“We should trust our judges, courts and the judiciary to impose an
appropriate and just sentence, depending on the facts and circumstances
of each individual case, after also taking into consideration all
mitigating and aggravating factors.”
Former military doctor R Kunaseegaran, along with R Dinishwaran, AK
Thinesh Kumar, M Vishwanath, S Nimalan and S Ravi Chandaran, were found
guilty on July 10 of murdering Morais in 2016. - FMT, 17/7/2020
Abolish the mandatory death penalty: Parliament should not take away judges’ power and discretion in sentencing — MADPET
JULY 17 — MADPET(Malaysians Against Death Penalty and Torture), in
light of the recent conviction for murder and the sentencing to death of
six persons in the Kevin Morais case on 10 July 2020, reiterates the
call for the immediate abolition of the mandatory death penalty, which
deprives the trial judge the discretion to sentence persons convicted of
murder justly.
They may be all involved in the murder, but all the six may certainly not deserve the same sentence of death.
The person who paid or ordered the murder ought to receive the
highest sentence. Maybe the person who did the actual killing deserve a
high sentence, but the rest of them, depending on their involvement and
participation ought to sentenced accordingly by the judge based on the
facts and circumstances of the case.
By imposing a mandatory sentence, Parliament removes the judge’s
discretion when it comes to sentencing, which is a power that should be
left with the judiciary. The judge now has no choice but to impose the
mandatory sentence provided by the law, as enacted by Parliament.
A mandatory death penalty also reduces the possibility of persons
charged helping the authorities identify and prosecute the ‘kingpin’,
the person who ordered or paid for others to kill the victim; and/or
other persons involved in the murder.
In the Altantuya Shaaribuu murder case, for example, there has been
allegations that there may be others involved, possibly also someone who
ordered or paid the persons who did the actual killing.
Assistance provided by accused persons to help bring others involved
in a crime, must be a mitigating factor, which may result in a reduction
of sentence – but this is not possible, when for murder in Malaysia,
the current law provides just one mandatory sentence – death penalty. As
such, mandatory sentences may end up defeating Justice, when it helps
other guilty persons evade investigation, prosecution and punishment.
Likewise in the Kevin Morais case, there may be still doubts whether
the person who ordered or paid others to kill, or others involved have
all been identified, investigated and charged in court. No one wants the
guilty to escape.
When there is but one mandatory death penalty, many a accused will
elect to be silent until all appeals are exhausted because it matters
not since they will still be hanged to death if convicted.
Further,
there is that possibility that they may be also be subjected to threats
to the lives of their loved ones by the persons who ordered or paid them
to kill if they do speak up and reveal the truth.
Malaysia must abolish all mandatory sentences, not just the death
penalty, and leave it to the judges and the courts to decide on the
appropriate sentence for the crime in each and every case.
It may be acceptable for Parliament to set the maximum sentence.
Other than that, we should trust our judges, courts and the judiciary to
impose an appropriate and just sentence depending on the facts and
circumstances of each individual case, after also taking into
consideration all mitigating and aggravating factors. There is, in
Malaysia, also the right to two appeals, a needed check and balance,
that gives the opportunity to higher appellate courts to correct errors
made by lower courts, including varying the sentences imposed.
The previous Barisan Nasional government was looking at towards the
abolition of the death penalty, which would bring Malaysia in line with
the global trend where the death penalty have been abolished. At the end
of 2019, 142 countries, which is more than two-thirds, had abolished
the death penalty in law or practice
The immediate past Pakatan Harapan plus government also wanted to
abolish the death penalty, and then later they backtracked to just the
abolition of the mandatory death penalty.
Many in the new government since March 2020, who left the previous
Pakatan Harapan coalition and/or parties, including current Prime
Minister Muhyiddin Yasin, must remember their personal commitment and
abolish the mandatory death penalty at the very least.
Every day the mandatory death penalty remains in Malaysian law,
everyone who committed the crime of murder, including those being tried
today, will be automatically sentenced to death if found guilty. This
will impact also current trials, where prosecution and defence lawyers
will certainly proceed differently if the sentence for murder was not
the mandatory death penalty.
Parliament must respect the Judiciary, and restore sentencing
discretion to the courts. All mandatory sentences ought to be abolished.
Mandatory sentences also is a violation of one’s right to a fair
trial, as it removes sentencing power of judges, who can and will decide
on just and appropriate sentences based on all the facts and
circumstances of a particular case, after also considering all
mitigating and aggravating factors.
Death penalty has been shown to have failed in deterring crime. It is
also irreversible punishment and mistakes can happen. Death penalty
also violates the right and best interest of a child when parents and/or
siblings are hung to death by the State.
The abolition of the mandatory death penalty will not extinguish the
death sentence, which will still be an available sentence for the worst
criminal.
Therefore, MADPET
- Calls
for the speedy abolition of the mandatory death penalty, as the first
step towards ultimately a total abolition of the death penalty;
- Calls
on Malaysia to abolish all mandatory sentences in law, and return to
judges and courts sentencing discretion for all crimes;
- Calls
on Malaysia to respect the right to a fair trial, whereby a fair trial
includes also the sentencing procedure that takes into consideration
mitigating and aggravating factors before the court decides on an
appropriate just sentence.
- Calls
on the Malaysian Executive and Legislative branch of government to
respect the Malaysian Judiciary, and not remove or diminish the
Judiciary’s role and function in the administration of justice, which
includes trying all alleged law breakers to confirm guilt, and also the
imposition of a just sentence; and
- Reiterates
the call for the total abolition of the death penalty, and a moratorium
on all executions pending abolition.
*This statement is submitted by Charles Hector for and on behalf of MADPET (Malaysians Against Death Penalty and Torture).
**This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail. - Malay Mail, 17/7/2020
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