THE Federal Court today will hear the re-sentencing application by inmates on death row for the first time since the Abolition of Mandatory Death Penalty Act 2023 came into force in July.

Lawyers Khaizan Sharizad Ab Razak and Rashid Ismail will represent 124 inmates who have been sentenced to death.

Khaizan said a panel of five judges is expected to hear the cases.

“Today we are representing two clients and on Thursday, another three.

“This is the first batch up for hearings for the 124 clients we are representing.

“The bulk of the cases are related to drugs as well as murder,” she told The Malaysian Insight.

Khaizan said she and fellow lawyer Rashid have already filed written submissions and additional affidavits for the cases fixed for today and Thursday on behalf of the inmates and their families

“The deputy public prosecutor will also be present to hear our submissions and present their stand.”

The Abolition of Mandatory Death Penalty Act 2023 (Act 846) took effect on July 4 and the Review of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847), on September 12.

On April 3, the Dewan Rakyat passed Act 846, which aims to abolish the mandatory death penalty, vary the sentence relating to imprisonment for natural life and whipping, and provide for matters connected therewith.

Under the act, the court has the discretion to impose the death penalty or imprisonment for a period of no fewer than 30 years and up to 40 years, and for those not sentenced to death, a whipping of no fewer than 12 strokes.

Khaizan said there are about 1,280 inmates on death row, of which 1,080 are eligible for re-sentencing.

“Most of the inmates have filed a notice of motion and affidavit to the Federal Court for application of re-sentencing.

“They were given three months from the date of the re-sentencing act enforced on July 4 to file their applications.”

Khaizan said civil society groups Anti-Death Penalty Asia Network and Pertubuhan Kebajikan Keluarga Kasih have been working closely with her clients.

“They have been advocating for the abolishment of the death penalty, providing support for  the inmates’ families.”

She said 118 of the cases were referred to her by the two civil society groups.

Khaizan said only these cases are handled on a pro bono basis. – November 14, 2023.