A new lease on life: Azalina says the enforcement of the Act shows the government’s commitment to promoting and protecting universal human rights.
Prisoners on death row can now have sentences reviewed
PUTRAJAYA: The Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act will come into effect today.
This follows a Cabinet’s agreement on Aug 30 on the mechanism of court proceedings in relation to the revision of mandatory death sentences and life imprisonment after engagement with stakeholders, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
“The implementation of the handling mechanism of court proceedings will allow 1,020 prisoners, who have been sentenced to mandatory death and life imprisonment, to file an application in court to review their sentences,” she said.
Among the criteria that would be given priority are the prisoner’s age, health status and sentence duration, Azalina said in a statement yesterday.
Through this agreed mechanism, Azalina said prisoners serving mandatory death sentence, who cannot afford counsel for the revision, can seek legal representation through court-assigned lawyers.
“Those sentenced to life imprisonment can get (help) from the National Legal Aid Foundation,” she added.
Both forms of assistance, she said, reflect the government’s stance of guaranteeing access to justice and maintaining the principle of equality for all Malaysians.
Azalina said the enforcement of the Act also shows the government’s commitment to promoting and protecting universal human rights.
It also shows that Malaysia holds firmly to the principle of restorative justice, she added.
“In fact, this also proves the concerns of the unity government in giving a second chance to prisoners sentenced to death and life imprisonment to return to society and their families, as well as (for) their survival as ordinary people,” she said.
On April 3, the Dewan Rakyat passed the Act, which aims to abolish the mandatory death penalty, to vary the sentence relating to imprisonment for natural life and whipping.
Under the Act, the court now has the discretion to impose the death penalty or imprisonment for a period of not less than 30 years, but not exceeding 40 years, and if not sentenced to death, shall also be punished with whipping of not less than 12 strokes.
In her statement yesterday, Azalina said the Act came about following the commencement of the Abolition of the Mandatory Death Penalty Act on July 4.
She also noted that the Cabinet’s decision on Aug 30 was made after engagement sessions with the Attorney General’s Chambers, the Prisons Department, Malaysian Bar, Sabah Law Society, and Advocates Association of Sarawak, among others.
