Media Statement (World Day Against Death Penalty) – 10/10/2024
Abolish Death Penalty – Only Way to Empty Death Row where prisoners languish until death or hanged to death
Time for NEXT Step – No Death Sentence for Offences Where No One is Killed
On the World Day Against the Death Penalty (10th October), MADPET (Malaysians Against Death Penalty and Torture) call on Malaysia to take the NEXT STEP towards the abolition of death penalty by abolishing the death sentence for all crimes that do not directly cause death or grievous bodily injury to victims of the said criminal. This year, the World Day theme is ‘dedicated to challenging the misconception that the death penalty can make people and communities safer.’ It cannot.
If the death penalty remains in the Statutes, the Courts will still continue to sentence persons to death, even though Judges now do have a choice of alternative sentences, after the mandatory death penalty was repealed. When it was mandatory death penalty. Courts had no choice but sentence everyone to death for offences that provided only for the mandatory death sentence.
First Step – Abolition of Mandatory Death Penalty History
Malaysia took the first step by abolishing MANDATORY Death Penalty and imprisonment for life, through the Abolition of Mandatory Death Penalty Act 2023, which came into force on 4/7/2023.
Even before 2018 General Elections, the then Barisan Nasional led government was already considering the abolition of death penalty.
In November 2018, in Parliament, it was reported that ‘Malaysia's Cabinet[ under the Pakatan Harapan led-government] has reached a consensus that the death penalty for 33 offences as provided for under eight Acts of law should be abolished, including Section 302 of the Penal Code, which pertains to murder, Minister in the Prime Minister's Department Liew Vui Keong said on Tuesday (Nov 13)…’ (Straits Times, 13/11/2018)
However, in March 2019, there was a backtracking. “We have made a decision. The government will only repeal the mandatory death penalty…” he[Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin] said when replying to a question from Datuk Che Abdullah Mat Nawi (Pas-Tumpat) during Question Time. (New Straits Times, 13/3/2019)
In October 2022, under Prime Minister Ismail Sabri, the first concrete step was taken when ‘seven separate Bills were tabled in Parliament to pave the way for the abolition of the mandatory death sentence in Malaysia. Among the laws to be amended are the Dangerous Drugs Act, Kidnapping Act, Arms Act, Penal Code and Firearms (Increased Penalties) Act. (Star, 6/10/2022). It did not see the debate or passing of Bills as Parliament was dissolved to make way for the next General Elections.
When the new Pakatan Harapan led coalition government under PM Anwar Ibrahim came into power, 2 Bills were tabled. Besides, the Abolition of Mandatory Act 2023(which came into force on 4/7/2023), the other Act was Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Act 2023 which came into force on 12/9/2023. The 2nd Act now allowed all on death row or sentenced to life imprisonment to apply to the Court for a re-consideration of their sentences. Sadly, the Federal Court has still maintained the death penalty for some cases.
Death Penalty Still Being Imposed/Maintained by Courts after Mandatory Death Penalty Abolished
Despite the abolition of the mandatory death penalty, the death penalty remained but courts now had the discretion of using the alternative sentence of 30-40 years imprisonment, with jail of between 30 and 40 years as well as no fewer than 12 strokes of the cane(whipping). MADPET has called for the abolition of whipping(caning) which is a corporal punishment, that recently has caused death to one person. (Malaysiakini,
Death sentence sadly continues to be imposed by the court, despite judges having the choice to alternative sentences. 3 persons, convicted for the murder of cosmetics millionaire Sosilawati Lawiya and her three aides in 2010 failed in their application to review their death sentence. The three-member Federal Court unanimously upheld their death sentence. (NST,8/10/2024).
In other courts, after hearings and/or appeals, courts continue to sentence persons to death.
On 27 July 2027, the Court of Appeal, in the case where six former students of the National Defence University (UPNM) killed Naval Cadet Officer Zulfarhan Osman Zulkarnain 7 years ago, changed the charge to murder and sentenced all to death. Justice Hadhariah, in a unanimous decision, said the High Court judge erred in amending the original charge from Section 302 of the Penal Code, which is murder, to Section 304 (a) of the Penal Code…Therefore, we unanimously decide that a single sentence is appropriate for all six defendants, and they shall be taken to a place of execution where they will be sentenced to death by hanging…Therefore, the court overturns the 18-year prison sentence imposed by the High Court on the six defendants and replaces it with the death sentence,"(NST,27/7/2024).
MADPET states that this reality will not change until death penalty itself is abolished in law.
Pardon Powers of King and State Rulers rarely used to commute death sentence
The King and the State Rulers do have pardon powers that can commute death sentence. In May 2015, the Sultan of Perak, Sultan Nazrin Shah has commuted the death sentences of two persons to life imprisonment. (Malay Mail, 5/5/2015). In February 2017, Selangor Sultan Sharafuddin Idris Shah has granted a pardon to Shahrul Izani Suparman commuting his death sentence to life imprisonment. (Malaysiakini, 27/2/2017)
Sadly. the use of pardon to commute death sentence are rare in Malaysia. The previous King of Thailand was famous in pardoning death row inmates in great numbers.
Parliament Must Abolish the Death Penalty NOW
One cannot blame the Courts for the sentencing of people to death. The blame lies on Malaysians and their peoples’ representatives in Parliament, who are the only ones who can abolish the death penalty in law. When Malaysia kills a person by hanging to death, all Malaysians inevitably become murderers, and that is something nobody wants.
Notice must be taken that there was NO PUBLIC OUTCRY, when death sentences of murderers were commuted to imprisonment and whipping by the Federal Court in revision of death sentence application. That must be taken that Malaysians are ready for the abolition of the death penalty.
Therefore,
MADPET calls on Prime Minister Anwar Ibrahim and the current government of Malaysia to immediately abolish the death penalty. At least, consider abolishing the death sentence for all crimes where the perpetrator does not kill or cause grievous bodily harm to the victim.
MADPET notes that the United Nations General Assembly Resolution calling for a moratorium on execution pending abolition of death penalty will soon be voted upon at end 2024. MADPET urges Malaysia to vote In favour again, as it did in 2018, 2020 and 2022.
MADPET reiterates its call for the abolition of whipping and corporal punishment; and
MADPET reiterates its call for the abolition of the Death Penalty.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
Cosmetics millionaire Sosilawati's murderers to hang
In a unanimous decision, a three-member Federal Court bench led by Chief Justice Tun Tengku Maimun Tuan Mat upheld the death sentence for the appellants.
"In exercising our judicial discretion and having regard to the facts and substance of this case, we dismiss the application. Thus the sentence is maintained," Tengku Maimun said after hearing submissions from all parties today.
Other members of the bench were Federal Court judges Datuk Nordin Hassan and Datuk Abu Bakar Jais.
Pathmanaban, 55, and T. Thilaiyalagan, 33, had filed an application to review their death sentence to be commuted to imprisonment following the Mandatory Death Penalty Abolition Act 2023, which took effect on July 4, last year.
On March 16, 2017, the Federal Court affirmed the convictions and death sentences of the duo and R. Kathavarayan for the murders of Sosilawati, her bank officer Noorhisham Mohamad, lawyer Ahmad Kamil Abdul Karim, and her driver, Kamaruddin Shamsuddin.
The apex court, however, acquitted the third accused, R. Matan, citing that both the High Court and Court of Appeal had erred in convicting him and affirming his conviction and death sentence. Kathavarayan did not file an appeal to review his death sentence.
Lawyer Amer Hamzah Arshad who appeared for Thilaiyalagan said his client deserved a second chance.
"Even though he is on death row, my client has been a good inmate," he said.
Deputy public prosecutor Datuk Mohd Dusuki Mokhtar, in pleading for the top court to uphold the death sentence, said that this was a gruesome and brutal case.
"There was violence used in this case and what seemed like a business dealing turned into the tragic deaths of all the victims.
"Sosilawati's daughter, in her victim impact statement, said she was so traumatised that she cannot even bear hearing the word 'Banting,'" he said.
It was reported that Sosilawati and her aides went missing after going to Banting for a land deal.
The four appellants were arrested and charged in 2011. They were accused of committing the murders at Lot 2001, Jalan Tanjung Layang, Tanjung Sepat in Banting, between 8.30pm and 9.45pm on Aug 30, 2010.
They were sentenced to death by the Shah Alam High Court on May 25, 2013, following their conviction for the murders.- NST. 8/10/2024
Selangor Sultan Sharafuddin Idris Shah has granted a pardon to Shahrul Izani Suparman who was on death row after being convicted of drug possession.
At a press conference today, Amnesty International Malaysia executive director Shamini Darshni said Shahrul's family was informed of this on Monday, although it would appear that the pardon was issued late last year.
"The family has been told Shahrul may apply for clemency in another four years," said Shamini.
She explained that the sentence has been commuted and that the death sentence had been commuted to life imprisonment. Shahrul is now scheduled for release in 2030.
Shahrul's mother Sapina Nawawi said she and her family are overwhelmed by the news.
"We have been praying for this for so long," she said.
Shahrul was found guilty of having 622g of cannabis, a violation of Section 39B of the Dangerous Drugs Act 1952 which carries a mandatory death penalty.
He was 18 years old at the time of the incident. He has spent 14 years in jail.
Mom: Son wants to study
According to his mother, the drugs were found in the basket of a borrowed motorcycle that Shahrul was using at the time of his arrest.
She claimed that the motorcycle was often shared by villagers.
Sapina said she hoped that her son would be eligible for early release on good behaviour.
"When Shahrul comes out, he told me that he wants to further his studies and eventually start a business.
"He never had the opportunity to do so as this all happened when he was only 18. He was very good at arts and sciences when he was in school," said Sapina.
Shahrul will be 33 years old in March and 46 when he is scheduled for released.
Shamini said Amnesty International said Shahrul may have won this battle, the war against the death penalty world wide must continue.
"In an imperfect world with a fallible justice system, it is never
justified to take a life. The death penalty is irreversible and final,"
she said, adding that Malaysia must impose a moratorium on the use of
the death penalty for all cases. -Malaysiakini, 27/2/2017
In conjunction with coronation, Sultan Nazrin Shah pardons, commutes prisoners' sentences
KUALA KANGSAR, May 5 — The Sultan of Perak, Sultan Nazrin Shah has commuted the sentences of three prisoners and granted a pardon to a prisoner in conjunction with his enthronement ceremony tomorrow.
Perak Pardon’s Board secretary Datuk Razali Othman in a statement released today said the decision was made in the state Pardon’s Board conference chaired by the Sultan at Iskandriah Palace, here today.
He said the two prisoners who had been sentenced to death were commuted to life imprisonment with effect from today.
Another who had been sentenced to 10 years in prison was released effective today without his conviction set aside by the court.
In addition, the Sultan presented 12 appeal cases handed to him on 12 prisoners who had been sentenced to 10 months imprisonment from March 18, 2015 (their date of release on October 2, 2015.)
Razali said the 12 prisoners were found guilty of taking part in an unlawful assembly under Section 145 of the Penal Code, in 2009 in front of Ubudiah Mosque, Kuala Kangsar.
Of the 12 appeals filed, only one appeal was filed personally and he was released today, the other 11 appeals were filed by a third party.
“The Sultan has issued a reminder that any appeals from prisoners must be submitted by the prisoners themselves through the channels prescribed and not forwarded by a third party using other channels,” he said.
Razali said the Sultan also decreed a sentence was imposed to act as a lesson to the public to respect the laws of the country.
He said a pardon or lessening of a sentence that had been decided by
the court would be considered when prisoners who filed the appeal showed
remorse, had repented and apologised, with promise of good behavior and
would not repeat the same offence. — Bernama, Malay Mail, 5/5/2015
Death penalty for ex-UPNM students justified, says MCPF
PUTRAJAYA: The death sentence handed down by the Court of Appeal to six former students of the National Defence University (UPNM) for the murder of Naval Cadet Officer Zulfarhan Osman Zulkarnain seven years ago is appropriate and just, said the Malaysian Crime Prevention Foundation.
MCPF senior vice-chairman Datuk Seri Ayub Yaakob, in a statement today, said the organisation believes that torturing someone to death is a blatant violation of human norms, especially when perpetrated by educated individuals.
"The act of taking a human life by those with no regard for others is prohibited in Islam," he said.
Ayub said the foundation does not agree with the objection raised by the Human Rights Commission of Malaysia (Suhakam) regarding the death sentence imposed on the six.
"Suhakam needs to understand that although the government has abolished the mandatory death penalty for murder and drug trafficking cases, judges still have the authority and discretion to impose the death penalty in certain cases," he said.
Suhakam, in a statement, had voiced its objection to the death penalty handed down to the six former students involved, arguing that such a punishment is neither a fair nor effective solution.
The human rights watchdog also urged the government to reconsider the implementation of the death penalty and work towards a more equitable and humane justice system for all.
On Tuesday, the Court of Appeal sentenced six former UPNM students to death, namely Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.
A three-judge panel led by Judge Datuk Hadhariah Syed Ismail allowed the prosecution's cross-appeal to reinstate Section 302 of the Penal Code faced by all the accused previously.
Justice Hadhariah, in a unanimous decision, said the High Court judge erred in amending the original charge from Section 302 of the Penal Code, which is murder, to Section 304 (a) of the Penal Code.
In her ruling, Justice Hadariah said the court found the five defendants had taken turns pressing a steam iron on the entire body of the deceased (Zulfarhan), including his private parts, while Abdul Hakeem was complicit in inciting and instructing the five defendants to do so.
"Therefore, we unanimously decide that a single sentence is appropriate for all six defendants, and they shall be taken to a place of execution where they will be sentenced to death by hanging.
"Therefore, the court overturns the 18-year prison sentence imposed by the High Court on the six defendants and replaces it with the death sentence," the judge ruled.
Zulfarhan died at Serdang Hospital on June 1, 2017.– BERNAMA, NST, 27/7/2024
Malaysia voted in UN to abolish the death penalty; walk the talk now – Madpet
On 15 December, at the 77th session of the 54th meeting, the UN General Assembly adopted a resolution for a “moratorium on the use of the death penalty with a view to abolishing the death penalty”.
Malaysians Against Death Penalty and Torture (Madpet) is proud that Malaysia was one of 125 nation states that voted in favour. Singapore and Brunei, sadly, were the only Asean member states amongst the 37 countries that voted against, and there were 22 abstentions.
This is an historic moment, when a majority of two-thirds was achieved, and the number of votes in favour continues to increase. In 2020 there were 123 votes in favour to 38 against, with 24 abstentions. In 2018 it was 121 votes in favour, which also included Malaysia for the very first time.
In 2007 there were 104 in favour. In 2008 it was 106. In 2010 it was 108. In 2012 it jumped to 111, and in 2016 it was 117. As such, the global trend continues to be towards the abolition of the death penalty
On 15 December 2022, after adoption of the resolution, “the Assembly called on States to progressively restrict use of the death penalty and ensure that those facing it can exercise their right to apply for pardon or commutation… In addition, it called on States to ensure the death penalty is not applied based on discriminatory laws, improve conditions in detention and establish a moratorium on executions with a view to abolishing the death penalty…” (UN meetings coverage of General Assembly).
Madpet is proud that Malaysia voted in favour of this resolution that unequivocally calls for all countries to establish a moratorium on executions with a view to abolishing the death penalty.
Malaysia, under the Pakatan Harapan-plus government, voted in favour of this resolution in 2018. Perikatan Nasional (which includes Bersatu and Pas) and the Barisan Nasional-plus government elected to again vote in favour in 2020.
Now, the Pakatan Harapan-plus government under Prime Minister Anwar Ibrahim has taken the same stance in December 2022.
Madpet notes that bills are now before Parliament that will effectively abolish the mandatory death penalty, which we call all on MPs to vote in favour. This can be considered the first step towards abolition.
Thereafter, we call on Prime Minister Anwar Ibrahim’s coalition government, led by Pakatan Harapan, to immediately take the next step and abolish the death penalty in Malaysia speedily.
We recall that the then Minister in the Prime Minister’s Department of the then PH-plus government, Liew Vui Keong, said in Parliament on 13 November 2018 that:
the Cabinet has decided that the death penalty for 33 offences under eight acts of law be abolished, and this includes Section 302 of the Penal Code (murder)… He said the decision, which was reached collectively, also encompassed the Firearms (Heavier Penalties) Act 1971; Firearms Act 1960, Kidnapping Act 1961, Armed Forces Act 1972. Also in the list are the Water Services Industries Act 2006; Strategic Trade Act 2010 and Dangerous Drugs Act 1952.
When a country, especially a democratic nation state, executes a criminal, it inevitably makes all its citizens ‘murderers’.
A criminal reasonably must be punished for his or her crimes, but his or her life must never be extinguished. Sentencing must be fair, consistent, proportionate and with the opportunity for rehabilitation.
The abolition of the death penalty, in favour of repentance, rehabilitation and second chances is consistent with the values of the different religions and cultures of the Malaysian people.
Madpet reiterates our call for the abolition of the death penalty and for a moratorium on executions pending abolition.
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture - ALIRAN Website
Malaysia's Cabinet decides to end death penalty for 33 offences
KUALA LUMPUR (BERNAMA) - Malaysia's Cabinet has reached a consensus that the death penalty for 33 offences as provided for under eight Acts of law should be abolished, including Section 302 of the Penal Code, which pertains to murder, Minister in the Prime Minister's Department Liew Vui Keong said on Tuesday (Nov 13).
He said the decision, which was reached collectively, also encompassed the Firearms (Heavier Penalties) Act, 1971; Firearms Act, 1960; Kidnapping Act, 1961; and Armed Forces Act, 1972.
Death penalties also provided for under the Water Services Industries Act, 2006; Strategic Trade Act, 2010; and Dangerous Drugs Act, 1952, are also to be abolished.
"Following the Cabinet decision, a Cabinet memorandum has been circulated to the relevant ministries for their comments and to get public feedback on it," Datuk Liew said during a question-and-answer session in the Dewan Rakyat.
He was replying to a question from Dr Kelvin Yii Lee Wuen, the Pakatan Harapan MP from Bandar Kuching, who wanted to know the government's position on abolishing the death penalty, in particular with respect to whether there will be exceptions for extremely cruel crimes,
Mr Liew also told the House that the Bill on the Independent Police Complaints and Misconduct Commission (IPCMC) was expected to be tabled at the next sitting of Parliament after all issues and policies were finalised.
He said follow-up meetings on the setting up of the commission had agreed that it should be truly independent, effective and have the power to tackle problems involving the police force.
"The framework takes into consideration powers that are more holistic and in line with existing laws and are currently in force," he said in reply to a question from Ms Maria Chin Abdullah, the Pakatan Harapan MP representing Petaling Jaya.
Mr Liew said the police's rights would also be assured as enshrined in Article 10 of the Federal Constitution.
In September 2018, the government announced the setting up of the IPCMC to replace the Enforcement Agency Integrity Commission. - Straits Times, 13/11/2018
Mandatory death penalty to be repealed for 11 criminal offences
KUALA LUMPUR: The mandatory death penalty for 11 criminal offences are to be repealed and substituted with death penalty imposed at the discretion of the court, the Dewan Rakyat was told.
Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin said the mandatory death penalty was for nine offences under the Penal Code and two under the Firearms (Increased Penalties) Act 1971.
“We have made a decision. The government will only repeal the mandatory death penalty. We will make the amendments. This is in keeping with the 27th pledge in the Pakatan Harapan (election) manifesto,” he said when replying to a question from Datuk Che Abdullah Mat Nawi (Pas-Tumpat) during Question Time.
Replying to a supplementary question from Che Abdullah on whether the government intends to set up a parliamentary select committee to discuss the repeal of the death penalty before tabling the amendment bill, Hanipa said he would forward the suggestion to the government.
The cabinet, at a meeting in October 2018, decided to repeal the
mandatory death penalty for 33 offences under eight acts. – Bernama, NST, 13/3/2019
Seven Bills tabled to abolish death sentence
KUALA LUMPUR: Seven separate Bills were tabled in Parliament to pave the way for the abolition of the mandatory death sentence in Malaysia.
Among
the laws to be amended are the Dangerous Drugs Act, Kidnapping Act,
Arms Act, Penal Code and Firearms (Increased Penalties) Act.
Also to be amended are provisions of the Criminal Justice Act and Criminal Procedure Code.
The amendments cover 33 sections where 11 involve the mandatory death sentence and 22 at the discretion of judges.
Among
the major changes to the law involve the offence of murder where judges
will be given the discretion to sentence a convicted person to either
death or imprisonment for natural life.
The current law under Section 302 of the Penal Code imposes a mandatory death sentence.
The death sentence for kidnapping will also be removed under Section 3 of the Kidnapping Act.
Also amended is Section 39B of the Dangerous Drugs Act where judges will be allowed to exercise their discretion on whether to impose the death sentence for drug traffickers without the need to consider certain factors imposed under the current law.
Also abolished are the death sentences for several offences against the King, Ruler or Yang di-Pertua Negri.
The mandatory death sentence for those convicted for terrorism under section 130C of the Penal Code will be abolished.
The punishment will be replaced with imprisonment for natural life and not less than 12 strokes of the rotan.
The proposed amendments will act retrospectively against offenders who were convicted prior to the passing of the laws but have yet to be sentenced.
The Bill was tabled by Minister in the Prime Minister's Department in charge of Parliament and Law Datuk Seri Dr Wan Junaidi Tuanku Jaafar on Thursday (Oct 6).
He informed the House that the proposed amendments are scheduled to be passed during the current meeting.
Wan Junaidi had previously said that the law would be passed provided there was no “disruption” to the Dewan Rakyat proceedings which will end on Nov 29.
Batu Kawan MP Kasthuri s Patto described the tabling of the Bills as a historic day for the nation.
She lauded the government for taking a "valiant step" in making effort to abolish the mandatory death penalty.
"Oct 6 is just four days before the World Day Against the Death Penalty; Malaysia holds her head high as a member of UN Human Rights Council," she said.
Kasthuri, who is Parliamentarians for Global Action president, urged the government to continue with the moratorium in carrying out the death sentence on more than 1,300 inmates on death row. - Star, 6/10/2022
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