PETALING JAYA: Human rights activists say reviewing the implementation of alternative sentences that were proposed for 34 offences which carry the death penalty is a “positive move”.
They were giving their views on Law and Institutional Reforms Minister Datuk Seri Azalina Othman’s statement on Wednesday, that said laws related to the abolition of the death penalty are expected to be tabled in Parliament in February next year, as the sentences had been reviewed by the Attorney-General’s Chambers.
She stressed that the amendments to the Acts would not abolish the death penalty, but instead give discretion to the courts.
Azalina said it covered 11 offences under the Penal Code and Firearms (Increased Penalties) Act 1971 and 23 offences where the court has discretion over imposing the death penalty under the Penal Code, Arms Act 1960, Firearms (Increased Penalties) Act 1971 and Kidnapping Act 1961.
“The government has also agreed to amend related Acts and will present the following – Penal Code (Amendment) 2022, Criminal Procedure Code (Amendment) 2022, Criminal Justice Act (Amendment) 2022, Kidnapping Act (Amendment) 2022, Firearms (Increased Penalties) Act (Amendment) 2022, Arms Act (Amendment) 2022, and the Dangerous Drugs Act (Amendment) 2022.
Former Human Rights Commission of Malaysia commissioner Jerald Joseph told theSun the decision has been long overdue because the death penalty is an archaic form of punitive justice from thousands of years ago.
“This is a positive move to be made. Congratulations on the commitment to review mandatory death sentences.
“We were pleased by the announcement made previously, but there was no timeline for the amendments to be made.
“So having Feb 23 next year as the deadline is good and needed in any new announcement of legal reforms.
“Giving discretion to the courts to impose the death sentence is the correct way while society learns and grows in its understanding.
“In the meantime, other progressive forums in criminal justice system management could be considered,” he said.
Joseph, who is also an adviser to Pusat Komas, an organisation that fights racism and racial discrimination, said society has evolved over the years and alternative forms of sentences can be meted out.
“The modern development of the justice system is moving towards rehabilitation and restorative justice, which means the convict pays for the crime, which is the justice element.
“However, society also has to rehabilitate where possible. While families of victims may be angry and demand revenge, society must rise above ‘a life for a life’ concept and move to other forms of punishment.
“Society may not be happy with this and accuse the government of being lenient, but I don’t think that’s the case.
“A lengthy jail time is a huge punishment too. The judicial system is fallible and any miscarriage, if discovered later, can’t be undone in cases where the convicted person has been put to death,” he said.
Universiti Kebangsaan Malaysia law professor Datuk Noor Aziah Mohd Awal said alternative sentences can preserve life.
“No matter what crime one has committed, one has a right to repent and seek forgiveness from victims, society and God.
“Now, many countries have resorted to alternative punishments such as restorative justice.
“For children, diversion is one of the forms of restorative justice. Heavy fines and imprisonment are severe punishments and that is enough to ensure the offender repent,” she said.
