The delay by Prime Minister Anwar Ibrahim’s Pakatan Harapan-led government in tabling the needed bills to abolish the mandatory death penalty, which his cabinet already agreed to in December 2022, raises much concern.
Assurances had been given that the relevant bills would be tabled in February and then March and that the mandatory death penalty would to be likely to be effectively ended in May.
This House of Representatives parliamentary session, which started on 13 February, will end on 4 April, and that means we have only about seven parliamentary days remaining. After the House passes it, it will then have to be passed by the Senate and the King, before it can be gazetted and come into force.
Note that all who have committed any crimes that now provide for the mandatory death penalty until the laws abolishing the mandatory death penalty come into force, will still be facing the mandatory death penalty for offences committed before the day the law comes into force. Thus, the urgency for these laws that remove the mandatory death penalty to 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, Barisan Nasional and others, had already committed to the abolition of the mandatory death penalty, by the tabling of seven separate bills to do away with the mandatory death penalty on 6 October 2022. This means the passing of the bills abolishing the mandatory death penalty will easily receive the support of the majority. The PN-BN bills are no longer listed on the parliamentary website.
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After the general election in November 2022, Azalina Othman Said, the minister in the Prime Minister’s Department for law and institutional reform, said in December that the bills related to the abolition of the mandatory death penalty had already been agreed by Prime Minister Anwar and his cabinet. She said the bills would be tabled in the in the parliamentary sitting in February 2023.
Then on 23 February Ramkarpal Singh, the deputy minister in the Prime Minister’s Department for law and institutional reform, stated that the bills would be tabled in March, passed in April and gazetted in May.
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 the 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 was recently raised by Deputy Minister Ramkarpal.
Before new law comes to 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 the mandatory death penalty are gazetted and put into force will be tried according to these new laws. A delay in abolishing the mandatory death penalty cannot be tolerated.
For those on death row, the only way out 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 the obligation to deal with all crimes, not just death penalty offences, Malaysians Against Death Penalty and Torture (Madpet) proposes a legislation be enacted that immediately commutes the death penalty to a prison term for at least the 840 who have completed their appeals in court.
Allow public participation
In terms of Bills to be tabled in Parliament, Madpet proposes that draft bills be transparently revealed to the public, so that Malaysians, including the national human rights commission Suhakam, the Malaysian Bar, human rights groups and all concerned people will have the opportunity to provide input for improvement.
The people’s 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 the mandatory death penalty, noting also that Malaysia had 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. – Madpet
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture
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