An Iranian, who is facing the death penalty, filed an application for a stay of execution in the Federal Court pending an amendment to Section 39B of Dangerous Drugs Act 1952, to include provisions on sentences other than the death sentence.
Hamidreza Farahmand Hassan, who was charged with 2 other Iranians, was convicted on a charge under Section 39B for drug trafficking and sentenced to death on May 15, 2014, by the Shah Alam High Court.
Hamidreza, 36, and 2 others were found guilty of trafficking 1.4kg of methamphetamine at KLIA in Sepang on Feb 2, 2010.
The Shah Alam High Court sentenced them on May 15, 2014, and the conviction was affirmed by the Federal Court last year.
Last week, Hamidreza filed an application for clemency to the Selangor Pardons Board.
Lawyer Ramkarpal Singh, who represents Hamidreza, said he had posed a question in Parliament on whether the government is proposing to introduce a "moratorium" for cases under Section 39B, on Aug 1.
He said the Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said, in her reply, said a study was presented to the Cabinet on March 1 and agreed to make amendments to the section by including provisions to allow the courts to use discretion to impose a sentence other than death.
Capital punishment is mandatory in Malaysia for murder and drug trafficking, among other crimes. The cabinet has agreed to amend the colonial-era law to give the courts a choice in sentencing.
Hamidreza, in his application, said the government has not stated clearly on whether the amendments will be enforced retrospectively in nature.
He said he would be prejudiced if his execution takes place before the amendment is approved by Parliament.
He said there are special circumstances to justify the stay of the death penalty on him.
Ram Karpal told the media that he intends to raise questions on whether or not it would be in retrospective in nature in the coming Parliament sessions, which will begin on Oct 23.
"This application is the first of its kind in asking the court for a stay of execution," said Ramkarpal.
"We are of the view that the judicial avenues had been exhausted. In light of this latest development, we believe judicial relief is warranted in the circumstances, in this case, a stay of execution of death penalty," he said.
Azalina said a total of 651 Malaysians had been sentenced to death since 1992, most of them for drug-related offences.
In March, human rights group Amnesty International ranked Malaysia 10th in the use of the death penalty among the 23 countries that carried out capital punishment last year.
2 days ago, in conjunction with World Day Against the Death Penalty, Malaysian Bar president George Varughese said the Bar would remain steadfast in wanting to abolish the death penalty for all forms of crime.
'There is no empirical evidence that confirms that the death penalty serves as an effective deterrent to the commission of crimes," he had said.
He added that the Bar's primary opposition to the death penalty was because life was sacred, and every person had an inherent right to life as guaranteed under Article 5(1) of the Federal Constitution.
Source: freemalaysiatoday.com, October 13, 2017
➤ Related content: Malaysia: Over 80 Iranians await execution over drug charges in dire conditions
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