Malaysia tables amendment to allow judges to decide penalty for drug traffickers

Screenshot from "Apprentice" by Boo Junfeng (2016)

Putrajaya tabled today an amendment to the Dangerous Drugs Act 1952 (DDA) to return discretionary powers to the court instead of imposing the mandatory death sentence on drug traffickers.

The amendment, tabled for 1st reading today by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said, seeks to revert Section 39B as law.

The provision, introduced in an amendment to the DDA or Act 234 in 1975, had allowed a person convicted of drug trafficking to be punished with jail and whipping or death.

It was removed in 1983 so that drug traffickers could only be punished with death.

Under the new amendment to Section 39B(2) of the DDA, any person who is found guilty of trafficking dangerous drugs can be be punished with either the death penalty or life in prison and whipping with a minimum of 15 strokes.

The Bill also states several circumstances for the courts to consider when deciding whether to mete jail for life or the death penalty.

Among the circumstances for the court to consider are the lack of evidence against the convicted person to show "buying and selling of a dangerous drug" at the time of arrest, "no involvement of agent provocateur" and the convicted person's role was merely in "transporting, carrying, sending or delivering a dangerous drug."

Another consideration is if the public prosecutor certifies in writing to the court that the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside the country.

Source: Malay Mail Online, November 23, 2017

Judges to be given discretionary power

Drug traffickers may no longer be slapped with the mandatory death penalty if proven guilty as the government will table amendments to the law yesterday in the Dewan Rakyat to return discretionary power to the judges.

While the death penalty remains apex in offences related to drug trafficking, the amendments proposed to the Dangerous Drugs Act 1952 (DDA) will provide guided discretion to the judge to mete out sentences.

The amendments will be tabled by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said.

It is learnt that the penalties include whipping ranging from 10 to 20 strokes and life imprisonment for drug traffickers instead of a mandatory death penalty.

While being mindful that innocent people should not be hanged, the government is firm in ensuring that kingpins and drug dealers do not take advantage of the amendments by including stipulations that cover all aspects of drug trafficking cases.

Azalina had said that a comprehensive study on death penalty in Malaysia was done by the Attorney-General's Chambers and presented to the Cabinet in March.

"This is a progressive beginning."

The government's bold move was received positively by opposition MPs and NGOs, especially those who are advocating against death penalties.

Under the original provisions of the DDA, the conviction for drug trafficking does not carry a mandatory death penalty but gives the judges discretionary power to mete out a jail term, life sentence or a death penalty.

The law was later amended in 1983 removing the judicial discretion and the trial judge must, after convicting the accused under Section 39B(1), give him the death penalty under Section 39B(2).

Amnesty International has said that this is the first move to abolishing the death penalty once and for all, stating that it is not proven that the death penalty has acted as a deterrent for drug trafficking.

Currently Section 39B provides for trafficking of dangerous drugs.

As of August this year some 800 people are now on death row after being convicted of drug trafficking under this section.

"This is a progressive beginning," Azalina told theSun.

Source: The Sun Daily, November 23, 2017

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