DATUK Seri Azalina Othman Said has hailed the unprecedented hearing of review applications by eleven death row and life inmates, saying that it reflects the government’s commitment to promoting and defending universal human rights.
The law minister described the day as a historic one for the country as the Federal Court heard the prisoners’ applications to commute their death sentences.
Applicants wanting to lessen their sentences of natural life imprisonment also got a chance to be heard.
She nevertheless pointed out that the imposition of the death penalty for criminal offences still exists in the criminal justice system in Malaysia.
“However, the imposition of the death penalty is no longer mandatory as before, and legal amendments have provided judges with the discretion to exercise their judgement in imposing appropriate sentences as provided for under the law.
“The principle of restorative justice in the criminal justice system in Malaysia is always upheld,” she said in a statement today.
The Federal Court’s Chief Registrar's Office has received 861 applications for the review of the death sentence and 117 applications for the review of natural life imprisonment as of November 9, she added.
Bernama reported that after hearing the review applications today, the Federal Court commuted the death sentence and natural life imprisonment of 11 individuals who were convicted of drug trafficking under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847).
Seven of them, including two Thai nationals, had their death sentences commuted to life imprisonment of 30 years, while another four had their natural life imprisonment sentences commuted to life imprisonment of 30 years.
The review applications were filed under Act 847, which took effect on September 12, conferring the Federal Court with the discretion to review cases involving the death sentence.
The Federal Court is granted the discretion to review cases involving death sentences in light of the act.
This follows the abolition of the Mandatory Death Penalty Act 2023, which came into force on July 4, where mandatory death sentences for offences such as drug trafficking and murder have been removed.
Prior to that, 11 of the 33 offences that carry the death penalty in Malaysia were mandatory.
Under this new law, judges have the discretion to impose either the death penalty or a prison sentence for a period of not less than 30 years and up to 40 years, and if not sentenced to death, shall also be punished with whipping of not less than 12 strokes for male convicts below 50 years of age.
Although the amendments would not abolish the death penalty outright but only mandatory death sentences, Putrajaya also agreed to allow death row inmates to appeal against their sentences.
The new law is also applicable to appeals against death sentences that were ongoing when the amendments came into force. – The Vibes, November 14, 2023
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