THE death sentence should not be automatically replaced with a minimum of 30 years’ jail or life imprisonment in all cases, said George Varughese.

The Malaysian Bar president, in a statement, said the death penalty should be commuted to a prison sentence proportionate to the seriousness of the crime, and that mitigating factors and distinctive circumstances must be taken into consideration in each case.

He said the considerations include the offender’s age, criminal record, role played in the offence, mental capacity, reparation made, fear of another person, use of violence, harm done to property or person, rehabilitation goals, degree of cooperation with the authorities, and remorse shown.

“Only then will the punishment of imprisonment meted out be just and effective.”

He said the Bar has consistently advocated for the abolition of the death penalty not just for cases where it is mandatory, but also when the courts have the discretion to impose capital punishment.

De facto law minister Liew Vui Keong over the weekend said the death penalty will be replaced with a sentence of a minimum 30 years behind bars.

He said an amendment will be made to Section 39(B) of the Dangerous Drugs Act 1952, which provides for the mandatory death sentence upon conviction, and laws on 17 other criminal offences that provide for the same penalty.

The offences include waging war against the Yang di-Pertuan Agong, terrorism, murder, attempted murder during life imprisonment, killing victims during kidnapping, possessing and using firearms, rape leading to death and the rape of minors.

Liew said based on Prisons Department records, up till October 11, there were 932 inmates convicted or sentenced to death under Section 39(B) of the Dangerous Drugs Act.

To date, the number of prisoners facing the death penalty for committing offences under Section 39(B) of the act stands at 1,267.

However, said Liew, from 2014 until present, no one on death row has been executed.

The government announced a moratorium on the death penalty on October 10.

If the death penalty is repealed, Malaysia will join 106 countries that have abolished capital punishment. – October 16, 2018.