Make it retrospective, death row man’s sister tells govt
Yesterday, law minister Wan Junaidi Tuanku Jaafar announced that the Cabinet had agreed to abolish the mandatory death sentence and allow judges to use their discretion in sentencing. (Bernama pic)
PETALING JAYA: The sister of a man on death row says the government’s decision to abolish the mandatory death sentence is meaningless for her unless it is applied retrospectively.
Law minister Wan Junaidi Tuanku Jaafar yesterday announced that the government had agreed to abolish the mandatory death sentence and to allow judges to use their discretion in sentencing cases.
“If they are doing this in good faith, then they should do it retrospectively,” said Suzana Norlihan Alias, whose brother was sentenced to death in 2009 after being convicted of murder.
“The death sentence is still there. If the government genuinely wanted to abolish the death sentence, they would not leave judges any option (to impose the death sentence).
“Honestly, I feel that this decision was just made to gain popularity and win votes. This does not change anything at all for me.”
In an interview with The Star published hours before the announcement was made, Wan Junaidi clarified that any amendment to the law to abolish the mandatory death sentence would not be retrospective.
There are 11 crimes that carry the mandatory death sentence in Malaysia, which means the judge has no choice but to sentence the accused to death upon conviction. Among these crimes are murder, terrorism, and kidnapping.
Discretion makes no difference
Suzana, who is a criminal lawyer, said that just removing the “mandatory” aspect and allowing the judges discretion in meting out the sentence makes no difference.
She added that this was because judges might still impose the death sentence on those found guilty of such crimes, especially if the prosecution pushes for it.
“Just look at drug trafficking cases,” she said.
“There is no longer the mandatory death sentence for Section 39B (of the Dangerous Drugs Act). However, if we look at the statistics, most convicted drug traffickers are still being sentenced to death.”
While a 2017 amendment to the Dangerous Drugs Act gave judges discretion in sentencing convicted drug traffickers, a written Parliamentary reply last December stated that only two of the 71 individuals sentenced to death under the Act since the amendment had their sentences commuted to life imprisonment. Previously, drug traffickers also faced a mandatory death sentence upon conviction.
There were 1,341 death row inmates in Malaysia as of February this year, according to a Parliamentary written reply. Of this number, 905 were convicted of drug trafficking, 403 for murder, and 33 for other crimes.
The government has imposed a moratorium on all executions since 2018.
PETALING JAYA: The sister of a man on death row says the government’s decision to abolish the mandatory death sentence is meaningless for her unless it is applied retrospectively.
Law minister Wan Junaidi Tuanku Jaafar yesterday announced that the government had agreed to abolish the mandatory death sentence and to allow judges to use their discretion in sentencing cases.
“If they are doing this in good faith, then they should do it retrospectively,” said Suzana Norlihan Alias, whose brother was sentenced to death in 2009 after being convicted of murder.
“The death sentence is still there. If the government genuinely wanted to abolish the death sentence, they would not leave judges any option (to impose the death sentence).
“Honestly, I feel that this decision was just made to gain popularity and win votes. This does not change anything at all for me.”
In an interview with The Star published hours before the announcement was made, Wan Junaidi clarified that any amendment to the law to abolish the mandatory death sentence would not be retrospective.
There are 11 crimes that carry the mandatory death sentence in Malaysia, which means the judge has no choice but to sentence the accused to death upon conviction. Among these crimes are murder, terrorism, and kidnapping.
Discretion makes no difference
Suzana, who is a criminal lawyer, said that just removing the “mandatory” aspect and allowing the judges discretion in meting out the sentence makes no difference.
She added that this was because judges might still impose the death sentence on those found guilty of such crimes, especially if the prosecution pushes for it.
“Just look at drug trafficking cases,” she said.
“There is no longer the mandatory death sentence for Section 39B (of the Dangerous Drugs Act). However, if we look at the statistics, most convicted drug traffickers are still being sentenced to death.”
While a 2017 amendment to the Dangerous Drugs Act gave judges discretion in sentencing convicted drug traffickers, a written Parliamentary reply last December stated that only two of the 71 individuals sentenced to death under the Act since the amendment had their sentences commuted to life imprisonment. Previously, drug traffickers also faced a mandatory death sentence upon conviction.
There were 1,341 death row inmates in Malaysia as of February this year, according to a Parliamentary written reply. Of this number, 905 were convicted of drug trafficking, 403 for murder, and 33 for other crimes.
The government has imposed a moratorium on all executions since 2018.
If we want to do something "good", let us go the full hog.
ReplyDeleteAbolish the death penalty, including those presently on death row.