Media Statement – 22/3/2023
Delay In The Abolition Of The Mandatory Death Penalty And The Death Penalty By The PH-Led Government Disappointing
Table and pass the Bills in this Parliamentary Session (13/2 – 4/4/2023)
The delay of Prime Minister Anwar Ibrahim’s PH-led government in tabling the needed Bills to abolish mandatory death penalty, which his Cabinet already agreed to in December 2022 raises much concern. Assurances have been given that the relevant Bills will be tabled in February, and then March and that mandatory will likely be effectively ended in May.
This Dewan Rakyat Parliamentary session, which started on 13/2/2023 will end on 4/4/2023, and that means we have ONLY about 7 Parliamentary days remaining. After Dewan Rakyat passes it, it will then have to be passed by Senate and the King, before it can be gazette, and thereafter come into force.
Note that all who have committed any crimes that now provide for mandatory death penalty until the laws abolishing mandatory death penalty comes into force, will still be facing mandatory death penalty for offences committed before the day the law comes into force. Thus, the urgency for these laws that remove mandatory death penalty be passed and put into force is of primary importance.
Given the fact, that the immediate past Perikatan Nasional led-government, made up of BERSATU, PAS, BN, etc., had already committed to the abolition of the mandatory death penalty, by also the tabling of 7 separate Bills to do away with the mandatory death penalty on 6/10/2022. This means the passing of Bills abolishing mandatory death penalty will easily receive the support of the majority. The PN-BN Bills are no longer listed on the Parliamentary website.
After GE15, In December, Azalina Othman Said,the Minister in the Prime Minister’s Department (Law and Institutional Reform) said that the bills related to the abolition of the mandatory death penalty have already been agreed by Prime Minister Datuk Seri Anwar Ibrahim and the Cabinet. She said that the Bills will be tabled in the in the Parliament sitting in February next year (2023). (Malay Mail, 21/12/2022)
Then on 23/2/2023, Ramkarpal Singh, Deputy Minister in the Prime Minister's Department (Law and Institutional Reform stated that the Bills will be tabled in March, passed in April and gazetted in May.(NST,23/2/2023)
The abolition of the MANDATORY death penalty does not abolish the death penalty but merely returns discretion to judges to decide whether to impose the death penalty or some other alternative sentence.
Hence, why is this PH-led government delaying? Hopefully it is not for some ‘lame’ reason. Hopefully, it is not for some political reasons like upcoming State elections. Does the Prime Minister have the needed political will to bring about speedy just law reforms?
Remember after the mandatory death penalty is abolished, later Bills can always be tabled to deal with other issues like those on death row, and the abolition of natural life imprisonment, a matter that recently was raised by Deputy Minister Ramkarpal.(FMT, 21/3/2023).
Death Row and Those Who Commit Offence Before New Law In Force
The abolition of the mandatory death penalty will have no effect on the about 1,320 on death row, of which 840 have completed all appeals.
The abolition of the mandatory death penalty will reasonably have no impact on persons who commit offences before the law abolishing mandatory death penalty is put into force. They will still face the mandatory death penalty if convicted. Those who commit offences after the laws abolishing mandatory death penalty is gazetted and put into force will be tried according to these new laws. Delay in abolishing mandatory death penalty cannot be tolerated.
For those on death row, the only way now is a royal pardon that will commute the death penalty to a prison term. However, considering the numbers on death row, and the fact that the King and Rulers have to obligation to deal with all crimes, not just death penalty offences, MADPET (Malaysians Against Death Penalty and Torture) proposes an Act be enacted that immediately commutes death penalty to a prison term for at least the 840 who have completed their appeals in court.
Transparency in a Democracy demand Bills to be revealed to allow public participation
In terms of Bills to be tabled in Parliament, MADPPET proposes that draft Bills be transparently revealed to the public, so that Malaysians, including the SUHAKAM, Malaysian Bar, human rights groups and all concerned citizens will have the opportunity to provide input for improvement. Peoples’ participation is most important in enacting laws, more so since in Malaysia currently elected representatives still fail to adequately consult the people especially on laws to be tabled.
What we need is action, and not just talk. Note that any government can fall at any time, and thus speedy action to reform laws, policies and practices is very important.
MADPET calls for the immediate tabling of the Bills that will abolish mandatory death penalty, noting also that Malaysia has in 2018, 2020 and 2022 voted in favour of the UN General Assembly Resolution towards abolition of the death penalty.
MADPET reiterates the call for the total abolition of the death penalty.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Azalina: Bill to abolish mandatory death penalty slated for tabling in Feb 2023
KUALA
LUMPUR, Dec 21 — The Cabinet today agreed to continue with reviewing
laws related to the mandatory death penalty, said Minister in the Prime
Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina
Othman Said.
In a statement today, she said the Attorney General’s Chambers has examined the implementation of policy of the proposed alternative sentence against the mandatory death penalty involving 11 offences that carry the mandatory death penalty as provided in the Penal Code and the Firearms (Increased Penalties) Act 1971 and 23 offences that carry the mandatory death penalty subject to Court discretion under the Penal Code, the Arms Act 1960, the Firearms (Increased Penalties) Act 1971 and the Kidnapping Act 1961.
She said the government had also agreed to amend related acts and presented seven related Bills for amendment.
The
Bills in question are the Penal Code (Amendment) Bill 2022, the
Criminal Procedure Code (Amendment) Bill 2022, the Criminal Justice
(Amendment) Bill 2022, the Kidnapping (Amendment) Bill 2022, the
Firearms (Increased Penalties) (Amendment) Bill 2022, the Arms
(Amendment) Bill 2022 and the Dangerous Drugs (Amendment) Bill 2022.
“The moratorium is still maintained for death penalty offenders until all amendments to the bill are implemented.
“The
implementation of alternative sentence to the mandatory death penalty
is expected to have a direct impact on a total of 1,327 prisoners who
have been sentenced to death by the court while for other individuals
who have not been accused, alternative punishment to the death penalty
can be enforced prospectively,” she said.
Azalina said the
relevant legal amendments however did not abolish the death penalty
entirely but gave discretion to the court to decide the appropriate
punishment based on the facts of the case.
“The implementation of
this alternative sentence proposal is the government’s commitment to
ensure that the implementation of the abolition of the mandatory death
penalty is scrutinised in depth and in detail from all aspects so that
any follow-up action by the government related to this issue will have a
positive impact on the country,” she said.
She said the bills
related to the abolition of the mandatory death penalty are expected to
be tabled in the Parliament sitting in February next year (2023).
Azalina
said the criminal justice system is the main foundation for a safe and
peaceful society and therefore, the government will also consider a
phase 2 follow-up study involving the reform of the criminal justice
system.
It covers things like a more effective sentencing policy,
whipping and reform of the prison system which includes measures to
reduce prison overcrowding.
“Focus will also be given to a punishment approach based on rehabilitation and restorative justice,” she said.
In
the meantime, Azalina who presented the proposed alternative sentence
to the mandatory death penalty to the Cabinet today also expressed her
gratitude to Prime Minister Datuk Seri Anwar Ibrahim and the Cabinet for
their agreement. — Bernama - Malay Mail, 21/12/2022
Malaysia
Ramkarpal: Bill related to abolition of mandatory death penalty to be tabled at Parliament next month
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh said the Bill was expected to be passed in April and gazetted by May.
“When it is gazetted, those affected (convicts) can file their application (to use the provisions under the Bill) at the Federal Court with the help from lawyers and the Prisons Department,” he told reporters after visiting the Kajang Prison here today.
Ramkarpal said a total of 1,320 prisoners sent to the gallows or sentenced to natural life imprisonment will be affected when the Bill is gazetted.
He said the application will go through court processes and that the sentences will not be automatically reduced.
“The Federal Court will look at the case one by one to determine whether the death penalty should be replaced, and this applies to those who were already sent to the gallows for sentenced to natural life imprisonment,” he said.
Ramkarpal said, the new law will have an impact on these prisoners in terms of rehabilitation and at the same time open up opportunities for them to re-enter the community.
Earlier, the deputy minister participated in a dialogue with seven death-row and life-sentenced prisoners to hear their opinions on the proposed abolition of the mandatory death penalty.
During the dialogue, the prisoners aged between 38 and 66 also expressed happiness about the government’s effort to abolish the mandatory death penalty.
Mohamad (not his real name), 45, who was convicted for a drug offence, said he was now serving the 23rd year of his natural life imprisonment.
“Give us a chance to be with our families,” he said.
Mohamad said most of the death row or life-sentenced prisoners are aged over 60 now and deserved a second chance.
On June 10 last year, the then-ruling government agreed to abolish the mandatory death penalty and to substitute it with other sentences which are subject to the discretion of the court.
The decision was reached following the presentation of the Report on Substitute Sentences for the Mandatory Death Penalty at the Cabinet meeting on June 8. — Bernama - Malay Mail, 22/2/2023
Govt says mulling new law to handle those on death row amid moratorium
KUALA LUMPUR, Feb 15 — The government is considering enacting a new temporary law for prisoners undergoing a moratorium on the execution of the death penalty, said Ramkarpal Singh yesterday.
The deputy minister in the Prime Minister’s Department (Legal and Institutional Reform) said it will directly impact 840 prisoners representing almost 64 per cent of the 1,320 people who were sentenced to death, Sinar Harian reported.
“While the remaining 480 people will go through the appeal process as usual,” he was quoted as saying.
Ramkarpal said this at the Parliament sitting when answering a question by Jimmy Puah Wee Tse (PH-Tebrau) about the latest developments in the act to abolish the death penalty in Malaysia and the status of prisoners who are currently awaiting execution.
The Bukit Gelugor MP also added that the implementation of the principle of alternative punishment against 11 offences that carry mandatory death sentence and seven offences with the sentence subject to the court’s discretion.
“It is expected to involve the amendment of provisions in the Penal Code Act (Act 574), the Firearms Act (Heavier Penalties) 1971 (Act 37), the Weapons Act 1960 (Act 206), Section 39B of the Dangerous Drugs Act 1952 (Act 234) and the Kidnapping Act 1961 (Act 365).
“The legislative amendment involving the sentencing policy and alternative punishment against the mandatory death penalty is a positive change to the criminal justice system, it is more holistic and inclusive for the common benefit while not denying the individual’s fundamental right to get proper justice,” he said.
He said the implementation of the sentencing and alternative sentencing policy also shows the government’s commitment always to be open to reforming and improving the legal and justice system in Malaysia.
Ramkarpal said, at this point, a review and study of the provisions of related acts taking into account the recommendations from the Special Committee for the Study of Alternative Punishment to the Mandatory Death Penalty is being carried out.
“The review was also made by taking the views of interested ministries or departments and is being carried out together with the Legal Affairs Division and the Attorney General’s Department to ensure the best policy setting regarding alternative punishment to the mandatory death penalty.
“We also need to take into account the
human rights empowerment aspect in addition to consideration of the cost
of managing prisoners in prison,” he said. - Malay Mail, 15/2/2023
Govt looking to end natural life imprisonment
Deputy law and institutional reforms minister Ramkarpal Singh says the matter will be discussed and debated in Parliament in the coming week or so.
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PETALING JAYA: The government is looking at doing away with the punishment of imprisonment for natural life, said deputy law and institutional reforms minister Ramkarpal Singh.
Ramkarpal said the natural life sentence will be replaced with a prison sentence for a certain period which will be capped.
“This will be discussed and debated in Parliament in the coming week or so,” he said on BFM’s The Breakfast Grille this morning.
“So, it’s no longer a case of where a person dies in prison. There will be a cap, a maximum term of imprisonment.
“Natural life (sentences) will be done away with.”
He was asked for his thoughts on the potential of further overcrowding at prisons once the mandatory death sentence for 11 crimes is abolished.
Ramkarpal said a bill to repeal the mandatory death penalty will be tabled for its first reading at the Dewan Rakyat this month. It is expected to be passed in April and gazetted in May.
A moratorium on the execution of the death penalty has been in place since 2018.
Last June, the government announced that it had agreed to abolish the mandatory death penalty and give judges discretionary powers in sentencing.
Ramkarpal said the abolition of the mandatory death penalty would likely see some prisoners who have served part of their sentence being released, thus easing congestion in prisons to a certain extent.
“A number of them would be, I suppose, released in the event the court replaces their death sentence with a prison term,” he said.
“Quite a few of them have been in prison for many years. Normally, how it works is, the courts will deduct a certain amount or period of time from their actual prison sentence.
“So, I would imagine that a number of them would be eligible or entitled to be released in the event their death sentences are replaced with imprisonment in the near future.”
There are currently 1,320 death row inmates in the country. - FMT, 23/3/2023
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