28 March 2023

Abolishing mandatory death penalty: Reveal findings from engagement sessions and include views from family members of victims

Wanita MCA urges the Minister in the Prime Minister’s Department (Law and Institutional Reforms) Dato’ Seri Azalina Othman Said to reveal the findings from the multiple engagement sessions with stakeholders in relation to the government's intentions to abolish the mandatory death penalty. This is to ensure transparency, and to show that no parties have been sidelined in the decision-making process.

It has been announced that the government has had 19 engagement sessions and meetings with interested parties like government agencies, lawyers, former chief justices, constitutional law experts, death-row prisoners as well as non-governmental organisations such as the Anti-Death Penalty Asia Network (ADPAN) and Reprieve from the United Kingdom. But as of now, we have yet to hear about the results and findings of these sessions. 

This is of particular importance, since we have not heard of any next-of-kin of people who were victims of deathrow offenders confirming whether or not they have participated in any of these sessions. As key parties of interest, the government should invite them to express their views.

Furthermore, considering that this amendment is a matter of public interest, the government should allow the general public to participate in discussions concerning the abolition. The findings from these engagements may serve as a guide for the government in looking into the abolition of the mandatory death penalty or the replacement with new and appropriate legislation for sentencing.

Regarding the moral debate about the death penalty, Wanita MCA reiterates while all life is precious, justice for the victims and their families is also important, especially in cases of the most gruesome crimes.

Meanwhile, natural life imprisonment should remain as the best alternative to the mandatory death penalty, instead of the proposed fixed jail term.

The proposed amendments to this aspect of the Penal Code involving the abolition of mandatory death sentence should not be allowed to apply retrospectively because that was the judgement delivered to the convicted accused in accordance with the laws at that material time.

-MCA online-