
Malaysians Against Death Penalty and Torture (Madpet) calls for the commutation of the death sentence imposed on Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar.
In 2009, the Shah Alam High Court convicted ex-police officers Azilah and Sirul for the murder of Altantuya Shaariibuu on 18 October 2006 and sentenced them to death.
Then in 2013, the Court of Appeal overturned the conviction, and released both of them.
On appeal in 2015, the Federal Court overturned the Court of Appeal’s decision and restored the conviction for murder and the death sentence on both of them. Interestingly, Sirul Azhar, who was in Australia then, was not present at the Federal Court in 2015.
After their release following the Court of Appeal’s decision, Sirul left for Australia and was there when the Federal Court restored the death sentence. He chose not to return to Malaysia after being sentenced to death.
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Abolition of mandatory death penalty and court review of death sentence
Malaysia abolished the mandatory death penalty through the Abolition of Mandatory Death Penalty Act 2023, which came into force on 4 July 2023.
Then, after the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023 came into force, it was open for those on death row to apply to the Federal Court to review the death sentence.
Sadly, however, not everyone on death row filed this application to review the death sentence.
Same sentenced for all charged with jointly committed crimes?
In the case of those charged with crimes committed together with others, justice demands that equal treatment be accorded to all, especially those committed for conspiracy crimes.
This means if the death sentence is commuted to imprisonment and whipping for one, the same outcome should apply to all involved in the crime – irrespective of whether they applied for their death sentences to be reviewed.
However, there may be different sentences if and when there is clear evidence that their contribution to the commission of the crimes is different, or some other relevant mitigating or aggravating factors.
Azilah’s sentence commuted – so must Sirul’s
On Azilah’s application to review the death sentence, the Federal Court, it was reported on 10 October 2024, decided to reduce or replace his sentence with imprisonment of 40 years and 12 strokes of the cane
It must be noted that Chief Justice Tengku Maimun Tuan Mat made it clear:
that the Federal Court’s decision today is not a review of Azilah’s conviction of Altantuya’s murder. Instead, the judge said the Federal Court was only exercising its discretion in reviewing Azilah’s death sentence in line with Act 847 – or the law known as the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
Therefore, justice demands that the death sentence of Sirul also be now reduced to imprisonment of 40 years and 12 strokes of the cane. This will be consistent with Article 8(1) of the Federal Constitution that states: “All persons are equal before the law and entitled to the equal protection of the law.”
Precedence of use of pardon powers to ensure equal treatment of convicts
This principle was also acknowledged in past cases, when some appealed and others did not although all were convicted for the same joint crime and received the same sentence.
In the case of Nik Hassan Nik Hussin & Anor v PP [1947] where two out of five defendants of the same crime appealed and the court quashed their convictions, the court made an open recommendation to the governor to grant the remaining three a free pardon. Thereafter, the then governor of the Malayan Union granted a free pardon to the other three. Justice was served equally.
In the Nik Hassan case, it is clearly stated in the written judgment as to what the court hoped to be done to the other three who did not appeal.
In the above circumstances, the appeal of each of the two appellants was allowed and inasmuch as the same considerations apply to the convictions of the first, fourth and fifth accused, who have not appealed, a recommendation will be made to His Excellency the Governor to grant a free pardon to each of them.
This is a good and just practice, that ought to be adopted by Malaysian judges, if and when their judgment will affect the conviction or sentence of others not then before the court.
As the offence and the case happened in the state of Selangor, the sultan of Selangor has the power to exercise his pardon powers and commute the Sirul’s death sentence to imprisonment of 40 years and 12 strokes of the cane.
Thus, Madpet calls on the Selangor ruler to use his pardon powers and commute Sirul’s death sentence to imprisonment of 40 years and 12 strokes of the cane, as is now the sentence of the person charged together with him, Azilah, for the crime of murder.
Madpet calls on Prime Minister Anwar Ibrahim, the Selangor menteri besar, the attorney general or public prosecutor and/or the chief justice to move the Selangor ruler to exercise his pardon powers to ensure that Sirul’s sentence is also commuted to be the same as the sentence of the co-conspirator of the same crime.
Madpet also calls on the government to enact laws to empower the courts with the power to apply the same decision to others charged with the same joint offences, even though they may not have appealed or are not before the court then. This would be better than relying on the king or rulers to exercise their pardon powers – as the king or rulers in the exercise of the prerogative of mercy best not be considering matters of evidence relating to convictions or sentences imposed by court. – Madpet
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture
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