Media Statement – 3/4/2023
Bills for Abolition Of Mandatory Death Penalty, Imprisonment For Natural Life And The Giving The Courts Power To Review Those Currently On Death Row Passed on 3/4/2023
The Dewan Rakyat has passed it, and now we wait for the Senate and the King
MADPET (Malaysians Against Death Penalty and Torture) welcomes the Dewan Rakyat’s passing of Abolition of Mandatory Death Penalty Bill 2023 in the Malaysian Parliament on 3/4/2023. This restores sentencing discretion to the judiciary, who now will have the option of imposing either the death penalty or the sentence of “imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”.
The Bill also will amend “imprisonment for natural life” with the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. This ends imprisonment until one die.
One must remember that the purpose of criminals sentencing to ensure just punishment of the perpetrator, and rehabilitation for social reintegration of the offenders. Imprisonment for natural life makes it impossible to fulfil the obligation of rehabilitation and reintegration.
Life imprisonment was also considered a “secret death penalty,” by Pope Francis as stated in his 2020 encyclical “Fratelli Tutti” (On Fraternity And Social Friendship).
MADPET also welcomes the passing of the Revision Of Sentence Of Death And Imprisonment For Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023 the Federal Court to review the sentence of death and imprisonment for natural life imposed on a convicted person following the abolition of the mandatory death penalty.
This will mean that the about 840 of the 1,320 on death row, who have completed all appeals will have their death sentence reviewed by the Federal Court. Likewise, those that are currently serving natural life imprisonment.
For, the others on death row or sentenced to natural life imprisonment, the appellate courts can now deal with it as the Abolition of Mandatory Death Penalty Bill 2023 states they ‘…shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.’. This will abolish mandatory death penalty and natural life imprisonment sentences in the future.
Family Members of Murder Victims
We saw some media reports that stated a few family members of murder victims opposed the abolition of the mandatory death penalty. It must be pointed out that many other victims do support the abolition of the death penalty. The international group, Murder Victims’ Families for Human Rights (MVFHR) is one such example that seeks the abolition of the death penalty.
One family member, allegedly said ‘"If the mandatory death penalty is abolished, criminals will no longer be scared.’ (Star, 4/4/2023). It must be pointed out that even with the mandatory death penalty, the number of murders and drug trafficking continued to be high, if not rising, a proof that death penalty failed to act as a deterrent.
Compensation for Victims
The government is considering this but it must be pointed out that it is already provided for in the Criminal Procedure Code. Section 426 states ‘….the Court before which an accused is convicted of an offence shall, upon the application of the Public Prosecutor, make an order against the convicted accused for the payment by him, or where the convicted accused is a child, by his parent or guardian, of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused in respect of the injury to his person or character, or loss of his income or property, as a result of the offence committed… (1B) Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person..’.
Unfortunately, a perusal of reported cases, shows that the Public Prosecutor seldom applies for compensation for victims, including murder victims’ family. In some cases, they just apply for prosecution cost.
Section 426 also states, ‘…the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order….’ This means that victims of murder or other crimes can still commence a civil court action to claim damages.
Altantuya Sharibu’s family did just that, and the court found that not just convicted murderers Sirul and Azilah, but also political analyst Abdul Razak Baginda liable to their claim of unlawful killing of the deceased (Altantuya). The government was vicariously liable as Sirul and Azilah were police officers. They were ordered to pay cost and ‘…RM5 million in general, aggravated and exemplary damages to the deceased's family,”(Edge Markets, 16/12/2022).
MADPET urges the Malaysian Senate to also speedily pass the Abolition of Mandatory Death Penalty Bill 2023 and the Revision Of Sentence Of Death And Imprisonment For Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023, so that it can be put in force as soon as possible.
MADPET calls on the Public Prosecutor to diligently apply for compensation from the convicted in criminal trials for victims of crime, including family members of murder victims.
MADPET reiterates the call for the total abolition of the death penalty and corporal punishment of whipping.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
See also earlier MADPET Statements
Media Statement – 28/3/2023
Media Statement – 22/3/2023
Table and pass the Bills in this Parliamentary Session (13/2 – 4/4/2023)
Dewan passes amendments to abolish mandatory death penalty
By TARRENCE TAN, RAHIMY RAHIM and MARTIN CARVALHO Nation
Monday, 03 Apr 2023 4:45 PM MYT
KUALA LUMPUR: Amendments in relation to the abolition of the mandatory death penalty have been approved by the Dewan Rakyat.
The
amendments were introduced via the tabling of the Abolition of
Mandatory Death Penalty Bill 2023 for the second and third reading by
Deputy Minister in the Prime Minister’s Department (Law and
Institutional Reform) Ramkarpal Singh in Parliament on Monday (April 3).
The Bill was passed via a voice vote after 10 MPs debated on it, followed by a winding-up speech by Ramkarpal.
ALSO READ: Keep mandatory death sentence for brutal crimes, say victims' grief-stricken kin
Ramkarpal said the abolition of the mandatory death penalty did not mean that capital punishment was being totally abolished.
"The
death penalty is still maintained in certain cases. We need to have
confidence in the judiciary in deciding based on their discretion," said
Ramkarpal.
The Bill also proposed to allow judges the option to impose jail terms of up to 40 years instead of the death penalty. - Star, 3/4/2023
Keep mandatory death sentence for brutal crimes, say victims' grief-stricken kin
By RAHIMY RAHIM, TARRENCE TAN and MARTIN CARVALHO Nation
Monday, 03 Apr 2023 3:03 PM MYT
KUALA
LUMPUR: The mother of a rape and murder victim has made a tearful plea
to the government to retain the mandatory death penalty.
Alice
Tan Siew Ling, whose 17-year-old daughter was raped and murdered in
2009, broke down during a press conference in the Parliament lobby on
Monday (April 3).
"She died after being stabbed in the
neck," Tan said in urging the Dewan Rakyat not to pass the amendments
abolishing capital punishment as scheduled on Monday.
At the
same press conference, Noor Hakimi Abdul Halim said his friend, a
security guard in Sungai Petani, Kedah, was also a murder victim.
"He was attacked by three assailants and murdered with a parang.
"If the mandatory death penalty is abolished, criminals will no longer be scared.
"Please think about the families of the victims," he said.
She said many judges preferred not to mete out hanging sentences after being given the discretion to impose a non-lethal penalty.
She said that even life imprisonment usually did not go beyond 30 to 40 years of jail time and justice would not be served on those who had committed abominable crimes.
"A brutal killer who has raped and murdered will (eventually) be released (if the death penalty is abolished).
"(Jail) is not a serious enough punishment for heinous crimes.
"We ask the government to focus on cleaning up the justice system and address the many loopholes and weak enforcement instead of abolishing the mandatory death sentence," she said.
She also appealed to the government to put the interests of victims and their families before consideration for the perpetrators.
She said a petition under the non-governmental organisation Protect Malaysia has garnered almost 100,000 signatures in support of keeping the death penalty, and added that the government should not rush into abolishing it.
On March 27), Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the Abolition of Mandatory Death Penalty Bill 2023 for first reading, along with revisions to the death sentence and imprisonment for natural life. - Star, 3/4/2023
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