THE death sentence for a single mother of nine children convicted on drug charges shows the need to replace capital punishment with maximum sentences to be handed out at the court’s discretion, an anti-death penalty group said.

Malaysians Against Death Penalty and Torture (Madpet) said the death penalty and life imprisonment for drug offences should be abolished.

Parliament should instead legislate maximum sentences and leave it to judges to determine the appropriate penalties for the convicted depending on the facts and circumstances of each case.

Madpet spokesman Charles Hector said this following the death sentence for Hairun Jalmani, 55, who is raising nine children on her own, for the offence of drug trafficking, in Sabah.

“Unlike murder, where someone is killed, drug trafficking does not directly deprive the life of any particular person.  Surely, offences like kleptocracy and corruption, where perpetrators inadvertently steal from the Malaysian people, ought to be more serious offences,” ” Hector said in a statement today.

“Drug possession and drug trafficking are undoubtedly an offence that needs to be punished, but reasonably, should not Malaysia’s sentencing policy place more emphasis on rehabilitation towards later  re-integration into society and second chances?

“The practice of a lighter sentence for first-time offenders and higher sentences for repeat offenders really need to be considered.”

Citing an amendment to the Dangerous Drugs Act 1952 passed in March 2018, Hector said there is an alternative to the death sentence for drug trafficking.

However, certain conditions had to be satisfied before an alternate sentence could be meted out.

Among the conditions for clemency that the convicted person must assist an enforcement agency in busting drug-trafficking activities. 

“Not only is this condition most unreasonable, but it also violates one’s right to a fair trial. It has the tendency of forcing an innocent person to undermine his/her appeals to avoid the death sentence.

“Hairun Jalmani, the single mother, who may not be really guilty of drug trafficking, certainly would not  have the capacity of helping anyone disrupt drug-trafficking activities. So she will be sentenced to death,” he said. 

Hairun was charged under section 39B(1)(a) of the Dangerous Drug Act 1952, which carries a mandatory death sentence. 

Going by the latest statistics, Madpet said the death penalty has proved ineffective as a deterrent to drug offenders in Malaysia. 

Referring to a recent statement by Bukit Aman Narcotics Criminal Investigation Department Director Razarudin Husain, Madpet said there was an 80% increase in drugs seized by the police in the first eight months of the year, compared to the corresponding period last year. 

“This is clear evidence that the death penalty is certainly not a deterrent to drug trafficking,” the group said.

The group called for the repeal of legal presumption of drug trafficking simply on the basis of what the police find in the possession of an accused.

It is the prosecution’s duty to prove that drug trafficking occurred, Madpet said.

It also repeated a call for a moratorium on executions pending abolition of the death penalty. – October 20, 2021.