This follows a decision by the Cabinet to amend Section 39(B) of the Dangerous Drugs Act 1952 to include an additional clause providing discretionary powers to the courts in sentencing drug traffickers.
Malaysian Bar president George Varughese said studies had shown that there was no conclusive evidence of the death penalty having deterrent value, particularly in respect to drug offences.
“It is prudent and just that the decision regarding whether to impose the death penalty be left to the discretion of the judge,” he said in a statement today.
He said in light of the imminent amendments, the council was renewing its call to the government not to carry out executions in the interest of justice and fairness.
“It is only right that when the reforms come into effect, they should be applied retrospectively,” he said.
On March 23, Minister in the Prime Minister’s Department Azalina Othman Said announced the decision following a presentation to the Cabinet by Attorney-General Mohamed Apandi Ali.
She said she had directed the Solicitor-General to expedite the drafting of the necessary legislative amendments.
Varughese said the death penalty should be ended for all crimes. “The Malaysian Bar calls upon the government to act swiftly to abolish the death penalty for all crimes, and to uphold the right to life, which is absolute, universal and inalienable,” he said.
“There are also provisions for the imposition of the mandatory death penalty in the Penal Code and Firearms (Increased Penalties) Act 1971, and of the discretionary death penalty in the Kidnapping Act 1961,” he noted.
He stressed the Bar’s stand that the death penalty was an “extreme, abhorrent and inhumane punishment” irrespective of the crime committed.
Varughese said judges were currently prohibited from considering mitigating factors and circumstances that surrounded each case before sentencing.
“Such mitigating factors can include, and are not limited to, the offender’s age, rehabilitation goals, past criminal record, role played in the offence, mental capacity, reparations made, fear of another person, use of violence, harm done to property or persons, and degree of cooperation with the authorities,” he said.