Why is the Minister delaying putting in force the laws that will abolish the mandatory death penalty and life(or natural) life imprisonment? Why is the delay in putting in force the law that will begin the process where Federal Court will review those on death row, and those currently on life sentence?
Remember the Bills were passed in the Senate(the upper or other House of Parliament). Then, the Bills will need the royal assent - in Malaysia if the King's assent is not obtained in 30 days, it is deemed to have obtained Royal assent. As the Senate passed it on 11/4/2023?
Maybe the Acts of Parliament have been put into force but we do not know. The government must publicize the coming into force of the very just development.
Media Statement – 12/4/2023
Call on the King to speedily give his Royal Assent to the Bills abolishing Mandatory Death Penalty and Imprisonment for Natural Life, and thereafter for the Minister to put it into force these Acts without any delay
MADPET (Malaysians Against Death Penalty and Torture) welcomes the passing by the Malaysian Senate, the upper or other house of the Malaysian Parliament, on 11/4/2023 of the Abolition of Mandatory Death Penalty Bill 2023 and Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023. The Dewan Rakyat(House of Representatives) of Parliament passed these Bills on 3/4/2023.
Time for the King to give his Royal Assent
After this, the King (Yang di-Pertuan Agong) will have to assent to the Bills. Article 66(4) states (4) The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto. However, if the King do not assent within the stipulated 30 days, then according to Article 66(4A) which states, “…(4A) If a Bill is not assented to by the Yang di-Pertuan Agong within the time specified in Clause (4), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto…’
Minister must not procrastinate in putting Acts in force
Even after the King has assented to the Bill, it will still not become law until it is published and put into force by the relevant Minister. Article 66(5) says ‘…A Bill shall become law on being assented to by the Yang di-Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect….’
MADPET asks the King to speedily assent to these Bills, and for the Minister to thereafter immediately cause it to be published and put into force.
The Abolition of Mandatory Death Penalty Bill 2023
The Abolition of Mandatory Death Penalty Bill 2023 abolishes mandatory death penalty and natural life imprisonment. Thereafter, for these death penalty offences, judges will have the discretion to sentence to death or sentence “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 also amend “imprisonment for natural life” with the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. These reasonably ends imprisonment until one die.
In Malaysia, the sentence of ‘Imprisonment for life’ is as stated in the Criminal Justice Act section which says, that “Where any person is treated as having been sentenced or is hereafter sentenced to imprisonment for life, such sentence shall be deemed for all purposes to be a sentence of imprisonment for thirty years;
Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023
Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023 will allow 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 benefit 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 who have been sentenced to natural life imprisonment.
MADPET calls for the King (Yang di-Pertuan Agong) to speedily assent the said 2 Bills, being 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;
MADPET calls for the Minister responsible, after getting Royal assent, to immediately publish and put the 2 Acts of Parliament into force.
Noting that the Bills, when it becomes Acts of Parliament, will not abolish the death penalty, MADPET reiterates its call for the abolition of the death penalty, and the continued moratorium on execution pending abolition.
MADPET also reiterate for the abolition of all forms of corporal punishment, including whipping.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
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See earlier Media Statements of relevance.
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 - MADPET
Table and pass the Bills in this Parliamentary Session (13/2 – 4/4/2023)
Ramkarpal: Death penalty not proven as best preventive measure for serious crimes
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh said crime rates were not solely dependent on heavy punishment, and there was no study to show that death penalty was the best measure to prevent crimes.
“Before this, a committee led by a former Chief Justice had conducted a study on this issue and found that the deterrent effect is not as what was told. There are many factors that can affect crime rates, such as economic, social and psychological.
“Crime rates also depend on the effectiveness of law enforcement, the public’s understanding of the effects of crime and also the opportunity to commit a crime,” he said when winding up the debate on the bill.
The bill was passed without amendments by majority voice vote after a debate by 17 senators.
Ramkarpal said the bill was an ‘omnibus’ act as it included amendments to the Penal Code, Firearms (Increased Penalties) Act 1971, Arms Act 1960, Kidnapping Act 1961, Dangerous Drugs Act 1952, Strategic Trade Act 2010 and Criminal Procedure Code.
The House also approved the Death Penalty and Life Imprisonment Review (Federal Court Provisional Jurisdiction) Bill 2023 after it was debated by 12 senators.
The bill aims to empower the Federal Court to review the death penalty and life sentence of inmates following the abolishment of the mandatory death penalty. — Bernama, Malay Mail, 11/4/2023
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