In the light of the recent last-minute stay of execution granted to Singaporean death row inmate Hamzah Azhar, just days after Malaysian Pannir Selvam was also granted a stay of execution, the Malaysian Bar reiterates its unwavering call for the complete abolition of the death penalty.
The Malaysian Bar has consistently opposed the death penalty on the grounds that it is a cruel, inhumane and irreversible form of punishment that has no place in a just and compassionate society.
A key reason for this is the very real risk of wrongful convictions. Governments and judicial authorities – even in the most developed legal systems – find it difficult to admit that wrongful convictions occur. However, they do happen, and the consequences in death penalty cases are irreversible.
The death penalty has also long been justified by some governments as a tool to deter serious crimes. However, there is no credible evidence to support this claim.
The most comprehensive global study on this issue, commissioned by the UN in 1988, and updated in 1996, concluded that “research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment. Such proof is unlikely to be forthcoming. The evidence as a whole gives no positive support to the deterrent hypothesis.”
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Further, the death penalty disproportionately affects marginalised communities. This includes people with mental disabilities, individuals who lack access to competent legal representation, and those who face systemic biases in the legal system.
In many instances, a defendant’s financial resources dictate the quality of their defence, leaving the most vulnerable to bear the brunt of the harshest punishments.
The Malaysian Bar also urges the Malaysian government to use its Asean chairmanship to initiate regional dialogue and cooperation towards the abolition of the death penalty across Southeast Asia.
The agreement between the Philippines and Indonesia regarding the repatriation of Mary Jane Veloso, a Filipina who has been on death row in Indonesia since 2010, demonstrates that diplomatic and legal mechanisms for prisoner transfer are not only feasible, but can also be a powerful tool for regional cooperation.
Mary Jane Veloso was convicted of drug trafficking in Indonesia, but her case sparked widespread concern in the Philippines and internationally due to allegations that she was a victim of human trafficking and was unwittingly used as a drug courier.
Over the years, the Philippines consistently sought clemency, legal reviews and alternative measures that would allow her to return home, while respecting Indonesia’s judicial sovereignty.
The latest development – a formal agreement in 2024 where Indonesia acknowledged a proposal from the Philippines for Veloso’s repatriation – represents a diplomatic breakthrough.
This proposal, facilitated through high-level bilateral talks, envisions allowing Veloso to serve her remaining sentence in the Philippines and to be closer to her family, while enabling the Philippines to take responsibility for her rehabilitation and reintegration.
The agreement is built on principles of humanitarianism, respect for legal processes and the preservation of bilateral relations.
This development presents a valuable precedent for Malaysia to seize this opportunity to lead the creation of an Asean multilateral treaty on regional framework on prisoner transfers, ensuring that all Asean nationals who face incarceration abroad have access to similar processes, anchored in transparency, humanitarian principles and mutual respect for domestic legal frameworks.
A multilateral Asean-wide agreement would institutionalise a consistent approach, reducing the need for ad hoc negotiations each time a high-profile case emerges. Such a framework could outline clear criteria for eligibility, procedural safeguards and the rights of prisoners and their families.
Importantly, it would reflect Asean’s commitment to its people-centred and people-oriented agenda, where the welfare and dignity of Asean citizens are prioritised – even in situations where they have run afoul of the law.
By taking the lead in proposing this regional agreement, Malaysia would demonstrate bold regional leadership, foster deeper legal cooperation within Asean, and ensure that no Asean citizen is left vulnerable to inconsistent or arbitrary processes when facing imprisonment abroad.
This would also position Malaysia as a strong advocate for balancing justice with compassion, reinforcing Asean’s broader commitment to human rights and the rule of law.
The abolition of the death penalty is not just a matter of policy – it is a statement of who we are as a society.
The Malaysian Bar stands firm in its belief that justice must be tempered with mercy and that no legal system should ever take away what it cannot restore – a human life.
Mohamad Ezri Abdul Wahab is president of the Malaysian Bar.
AGENDA RAKYAT - Lima perkara utama
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