by MADPET (Malaysians Against Death Penalty and Torture)

While the proposed Bills that will abolish the mandatory death penalty, it gives judges the option to just impose only ONE other sentence being ‘…imprisonment for natural life, and if he is not sentenced to death, shall also be punished with whipping of not less than twelve strokes…’, and this remains as an injustice.

MADPET takes the position that alternative prison sentence should be flexible, and not just limited to imprisonment until death.

As an example, the fact that a young person deceived into keeping or transporting a package, which he/she may not even know it was drugs, will still be convicted for drug trafficking and will end up in prison till death seems to be rather unjust. For them, maybe a 5 -10-year prison sentence would be just. On the other hand, for the ‘kingpin’ or bosses of drug trafficking, the sentence of natural life imprisonment may be acceptable.

Prosecution must bear the burden of proof in court for drug trafficking cases

Section 37 (da) DDA now states that ‘…any person who is found in possession of ..’ a certain amount of drugs ‘…otherwise than in accordance with the authority of this Act or any other written law, shall be presumed, until the contrary is proved, to be trafficking in the said drug…’. Section 37(d) ‘…any person who is found to have had in his custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug;..’

One must appreciate that it is almost impossible for any accused to PROVE that he/she did not know the bag/package contained drugs, or even to prove that he is a not a drug trafficker. Such legal presumptions need to be abolished, and the burden of proving all elements of the crime in court must always rest with the prosecution.

Politics should not hinder abolition of mandatory death penalty

MADPET calls on all Members of Parliament and Senators to support the current Bills, which humanely will see an end to the mandatory death penalty, taking note also that those convicted of the said offences can still be sentenced by court to death or the alternative sentence of imprisonment for natural life. Let’s trust the wisdom of our judges when it comes to sentencing.

It is hoped that politicians and parties do not use this long-awaited move to abolish just the mandatory death penalty, not the death penalty, for political motives, simply to oppose PM Ismail Sabri and the BN-PN Plus government, and to prevent the passing of these needed amendments to laws.

There are about 1,337 death row inmates, most of whom have exhausted all rights of appeal. As the Bills did not deal with them, or those who may have committed the offence before the said Bills are passed and comes into force. There is no provision for re-sentencing procedures, or even commutation of sentence in the Bills tabled. How do we resolve this matter is something the government need to look into, for it is unjust for persons to still languish on death row.

MADPET reiterates that Parliament should not be dissolved until all the Bills tabled to abolish mandatory death penalty becomes laws and comes into force. If not, a new government after General Elections may simply undermine this positive effort of PM Ismail Sabri’s government.

MADPET reiterates for the abolition of the death penalty, and the continuation of the moratorium on executions pending abolition.

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