PETALING JAYA: For hundreds of prisoners on death row, the re-sentencing process is their last chance at life.
In light of this, human rights groups are calling for the re-sentencing process for the more than 800 prisoners on death row and natural life sentences to be fair and clearly defined.
Eligible prisoners will have 90 days to apply to be re-sentenced once the necessary laws come into effect.
Anti-Death Penalty Asia Network (Adpan) executive coordinator Dobby Chew said it is important that the government hold inter-agency meetings to discuss the mechanism and guidelines for re-sentencing that will eventually be put in place when Act 847 comes into force.
“Re-sentencing hearings for more than 800 death row inmates and more than 100 inmates on natural life imprisonment are a significant logistical and procedural challenge, as many of them would be looking for the opportunity for a full mitigation hearing before the court, and for appropriate sentences to be delivered in lieu of the death penalty.
“The government needs to establish ground rules for the Attorney General’s Office on when it is appropriate for them to pursue the death penalty based on the facts and merits of each case.
“The death penalty must be reserved for the most serious crimes and not applied broadly without due consideration,” he said when contacted yesterday.
Chew said adequate time and resources must be provided for lawyers to engage with those on death row and prepare for the mitigation and re-sentencing hearings.
Amnesty International Malaysia executive director Katrina Jorene Maliamauv said it is imperative that there be absolute clarity on the re-sentencing process and as to how judges will exercise discretion.
She said the organisation is concerned that the lack of a clearly defined process in the law, coupled with limited resources in the criminal justice system, could result in a re-sentencing process riddled with violations of the right to a fair trial, ultimately failing its purpose to deliver fair and meaningful reviews of death sentences.
“The Malaysian authorities must ensure that the re-sentencing is in line with international fair trial standards and other safeguards of due process,” she said.
The organisation also called for the government to ensure that those applying for re-sentencing have adequate time, resources, facilities and language support to prepare for their re-sentencing hearing, as well as access to effective legal representation.
Criminologist Dr Zalmizy Hussin said that by eliminating mandatory death sentences, the legal system can shift towards a more rehabilitative approach.
Instead of solely focusing on punishment and retribution, he said the emphasis can be on providing prisoners with opportunities for education, skill development, and counselling.
He said the abolition allows an individualised approach to sentencing where the courts would have the discretion to consider the unique circumstances of each case and the characteristics of an offender, such as his or her background, mental health, and potential for reform.
“Now, the legal system can better safeguard against miscarriages of justice when the possibility of introducing new evidence and reassessing cases arises.
“It can avoid the irreversible tragedy of wrongful execution,” said the senior lecturer at Universiti Utara Malaysia.
He said the deterrent effect of capital punishment is highly debatable and Malaysia’s move to remove the mandatory death penalty positions the country as a champion of human rights.
Charles Hector of Malaysians Against Death Penalty and Torture (Madpet) said rather than trying to deter crimes by providing a heavy sentence, including death, it will be better to look at the causes that led a person to commit a crime.
“If poverty is the cause, eradication or assisting the poor gives them real options other than being forced to resort to crime,” he said, adding that the death penalty should be entirely abolished.
Former Detainees Welfare Organisation (Popoc) president Ganesan M. Krishnan said with the abolition, the deterrence factor that the mandatory death sentence may have had on would-be offenders could be weakened.
“The police will need to work harder and be more vigilant in criminal activities, especially drug trafficking, which was often the offence this penalty was meted out for,” he said.
