MALAYSIA’S move to abolish the mandatory death penalty is a step in the right direction but Putrajaya has to commute the punishments of all convicted persons currently on death row, Malaysian Bar president Karen Cheah said.

She said there are currently 1,359 inmates on death row and urged the government to commute their sentences on a case-by-case basis.

“The Bar calls upon the government to work with the Pardons Board to ensure that the more than 1,359 convicted persons currently on death row are also spared the capital punishment.  

“We advocate that all death sentences be commuted to jail sentences, proportionate to the gravity of the offences committed, and take into consideration the mitigating factors and distinctive circumstances that surround each case.  

“Only then will the punishment meted out be both just and effective,” she said in a statement today.

Cheah’s statement comes after the government announced yesterday it has agreed to abolish the mandatory death sentences, giving discretionary power to the courts in handing down sentences.

Prime Minister Ismail Sabri Yaakob said the death penalty will remain, and the “mandatory” part removed.

He said judges will no longer be bound by the word, which previously left them with no choice but to impose capital punishment on criminals in certain cases, such as drug trafficking.

Cheah agreed that Putrajaya’s move was a step in the right direction but she also urged for capital punishments to be entirely abolished in the country.

“The cabinet decision is clearly a correct one and a step in the right direction, but more has to be done to ensure total abolition of the death penalty.  

“The punishment has no place in a society that values human life, justice, and mercy, nor does it assure a civilised and secure society, but diminishes our humanity.  

“In an advanced society, our focus should be on rehabilitation and restoration, and very little is achieved in having the death penalty except to satisfy the need for retribution,” she said.

Cheah added that the Bar is steadfast in its view that life is sacred, and every person has an inherent right to life as enshrined in article 5(1) of the Federal Constitution.

“The right to life is a fundamental right that must be absolute, inalienable, and universal, irrespective of the crime committed by the accused person.

“As we progress in our democratic development in our country, we must shift away from killing people in the name of ‘justice’,” Cheah added.

She also said the Bar stands ready at all material times to provide assistance to the government for the requisite legislative reforms to be made in the short-term, as well as long-term plans. – June 11, 2022.