The Human Rights Commission of Malaysia (Suhakam) is disappointed by the
government’s decision to abolish the mandatory death penalty only rather than a
total abolition of the death penalty across all laws as originally announced
following a cabinet meeting in October and during the Universal Periodic Review
in Geneva last year.
Although a good first step, a discretionary death penalty is still a barrier in
the upholding of human dignity and the right to life.
Suhakam is of the view that the death penalty is not an effective nor even the
best crime prevention mechanism within the system of justice. There is no
credible evidence that the death penalty deters crime more effectively than a
prison term.
Furthermore, no justice system throughout the world is fool-proof. There always
remains the possibility that an innocent person is on death row due to any
number of reasons, which range from an inadequate defence to a misapplication
of forensic science.
The Innocence Project in the US has exonerated 364 death row inmates alone
through DNA evidence over 25 years. How many people in Malaysia would be freed
from death row if something similar were applied here? Capital punishment is
irreversible. Once someone has been executed, there exists no way to remedy
their death in the event of a miscarriage of justice.
As of October 2018, 1,279 people were on death row in Malaysia, about three
percent of the prison population of about 60,000 people. The majority of death
row inmates are incarcerated on drugs offences. Thirty-five executions took
place from 2007 to 2017.
Advocacy group Harm Reduction International lists Malaysia among six countries
with a "high" rate of applying the death penalty in drugs cases, the others
being China, Iran, Vietnam, Saudi Arabia and Singapore. However, according to a
United Nations resolution of the Economic and Security Council in 1984, capital
punishment may be imposed for only the most serious crimes, which excludes
drugs offences.
Today, 106 countries have abolished the death penalty in recognition that it is
cruel and inhumane, and that it does not rehabilitate criminals nor address
root causes within society which may lead to the enactment of serious crimes.
Suhakam would like to reiterate its position that the death penalty has no
place in a modern legal system as it violates the right to life which happens
to be the most basic of all “human rights for all”.
Malaysia is a country that respects the sanctity of life and the right to life
is guaranteed in the Federal Constitution.
We, therefore, urge the government to take concurrent steps towards total
abolition of the death penalty and move towards ratification of the
International Covenant on Civil and Political Rights (ICCPR) and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(UNCAT).
More engagement is also required by the government and relevant stakeholders
with civil society in order to address key areas of opposition to the
abolishment of the death penalty and other punishments deemed to be cruel and
unusual in order to uphold international human rights standards.
Source: malaysiakini.com, Letter to the Editor; Razali Ismail, March 17, 2919. The author is chairperson of Human Rights
Commission of Malaysia (Suhakam).
DAP can't have human rights and death penalty, says lawyer
Lawyer Latheekfa Koya today lashed out at DAP several leaders for caving in to
calls to retain the death penalty.
Latheefa took DAP secretary-general Lim Guan Eng to task for issuing a
statement today on his party's commitment to human rights, despite supporting
the death penalty.
"Words are cheap! Human rights? Isn't it true that key DAP leaders did not
support abolition of death penalty – the ultimate denial of human rights?
"As a result, the government did a U-turn on abolishing it after promising to
do so in Oct 2018," the lawyer said on Twitter.
Latheefa also criticised Kepang assemblyperson Dr Ko Chung Sen for refuting
claims that DAP walked back its opposition to capital punishment.
"Not surprised by this obscure DAP Adun's fanatical support for hanging people.
I understand that DAP stalwarts/top leaders did not support abolition, leading
to the U-turn by the government.
"They were worried about backlash from Chinese voters, who some claim support
the death penalty," she tweeted.
Ko argued yesterday that Pakatan Harapan did not renege on its pledge to
abolish capital punishment because it was never listed in its election
manifesto, which only promised to abolish the mandatory death penalty.
Legislative changes affecting 11 laws are expected to be passed by Parliament
soon.
According to Latheefa, however, DAP should make their stand clear and not
"hide" behind cabinet decisions.
"If DAP argues hanging people is a deterrent punishment – then they have no
moral standing to object to PAS' hudud bill, because PAS relies on the same
justification!" she wrote.
Source: malaysiakini.com, March 17, 2019
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
