Parliament passes bill to do away with mandatory capital punishment

KUALA LUMPUR – Abolishing the death penalty and substituting it with other more humane sentences is a means to better uphold human rights and restorative justice in the country, said Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh.

When tabling the Abolition of Mandatory Death Penalty Bill 2023 in Parliament today, Ramkarpal pointed out that there was no evidence to show that the death penalty is an effective crime deterrent, especially for heinous crimes in the country.

Ramkarpal also cited a 2019 study by the Prison Department that showed no sign of recidivism among pardoned death row inmates.

“Abolishing the death penalty in Malaysia is to respect the rights of all individuals while ensuring justice for all.

“In line with the purpose (of) respecting human rights, the principle for all punishment in Malaysia is rehabilitative towards the convicted to ensure that they can re-enter society as an individual that can contribute to family, community, and country, after serving their sentence,” he said.

Ramkarpal also said that the death penalty is irreversible once meted out.

“Therefore, we cannot deny the inherent right to life for any individual,” he said.

While Ramkarpal was talking about the death penalty as a punishment, the amendments passed by the Dewan Rakyat today pertain to abolishing mandatory capital punishment.

He also said any review of a death sentence imposed by the Federal Court would not allow a review of the conviction itself. 

“The court still has the powers to retain the death sentence should it view the matter as such, following a revision of the sentence already imposed.”

With the amendments, offences that carried the mandatory death penalty will now be left to the court’s discretion to sentence a convict to prison for not less than 30 years, which may be extended up to 40 years, and whipping of a minimum of 12 strokes.

Previously, under the Criminal Justice Act 1953, life imprisonment was defined as a 30-year prison sentence.

These new amendments would apply to various offences under the Penal Code, Arms Act 1960, Kidnapping Act 1961, and the Strategic Trade Act 2010.

Putrajaya also did not abolish the death sentence for drug trafficking offences under Section 39B of the Dangerous Drugs Act 1952, but should the court opt not to impose it, the offender will be whipped 12 instead of 15 times, along with imprisonment.

On March 17, the cabinet agreed to the Abolition of Mandatory Death Penalty Bill 2023 and Review of the Death Penalty and Lifelong Imprisonment (Federal Court Temporary Jurisdiction) 2023.

Later, when debating the bill, Wan Ahmad Fayhsal Wan Ahmad Kamal (Machang-PN) urged the government to make public the previous findings by the parliamentary special select committee (PSSC) on the proposal to abolish mandatory capital punishment.

He also noted that the then committee comprised only members who supported the move, expressing concern that the discussion process may have been biased.

“It was not balanced. The government did not bring in any quarters that wanted the mandatory death penalty to remain,” he said.

“We want to know when the report by the PSSC will be tabled in the Dewan Rakyat and to the public.”

Wan Fayhsal also questioned the government’s statement that, as it is, mandatory capital punishment does not deter crime.

“Is it true? Where is the study? Because there are also studies claiming that when the mandatory death penalty is abolished, crime rates have increased. So, which is true?”

The bill was passed in Parliament today via a simple voice vote. – The Vibes, April 3, 2023