Malaysian Bar: Restorative justice can nip crime in the bud


PUTRAJAYA: The Malaysian Bar is calling for a reform to the nation’s prison system, saying it should prioritise humane treatment and rehabilitation in a shift towards restorative justice.

Its president, Mohamad Ezri Abdul Wahab, said the confinement of human beings in isolated spaces, often under conditions that fail to rehabilitate or respect basic dignity, could be seen as archaic and ineffective.

“It would not be difficult to imagine that in 100 years from now, society may look back at the prison system with a sense of disbelief; just as how slavery is now viewed with shock and incomprehension,” he said.

Alternatives to incarceration such as restorative justice, community service programmes and rehabilitation-focused initiatives could present promising options, he said in his speech at the Opening of the Legal Year 2025 here yesterday.

Citing Norway as a model example for humane treatment and rehabilitation, Mohamad Ezri said such methods significantly lower recidivism rates.

“For Malaysia, the time is ripe to consider serious reforms. A shift towards restorative justice could address underlying issues that lead to crime, such as poverty, lack of education and mental health struggles,” he said.

The Bar, he said, advocates for legislative changes to promote alternative sentencing, increased investment in community-based programmes and a stronger focus on rehabilitation over punishment.

Mohamad Ezri said the reform of the prison system was not a matter of policy but rather, a matter of principle.

He also said that the Bar had oftentimes been accused of being political as some claimed its statements lack neutrality as they are seen either opposing or supporting the government of the day.

“The reality, however, is far more nuanced. We have over 24,000 members with expertise in legal matters that we practise daily.

“Logic dictates that we are uniquely positioned to assist in shaping and advising on laws that serve society,” he said.

Mohamad Ezri said the opinions of the Bar were always aimed at ensuring that fairness prevails and that the rule of law is upheld.

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