The Sun (Malaysia)

Allow review of death sentences: Bar

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PUTRAJAYA: The Malaysian Bar has called on the government to further amend the Dangerous Drugs Act (DDA) 1952 to enable those prosecuted to apply for a review of their death sentences under the latest provision of the law.

Calling for a moratorium on all pending executions, Bar Council president George Varughese expressed concern that the judiciary may still be limited in their considerat­ion of the mitigating factors and circumstan­ces that surround each case prior to 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.

“The Bar is troubled by the determinat­ion on whether the death penalty is imposed upon an assessment of the convicted person’s ability or willingnes­s to assist in disrupting drug traffickin­g activities.

“A person’s right to life is a fundamenta­l right, not a privilege that can be revoked if that person is deemed not sufficient­ly ‘useful’ to an enforcemen­t agency.

“The sentencing process is, and should always remain, within the unfettered domain of the judiciary,” he said in a statement yesterday.

With the passing of the Dangerous Drugs (Amendment) Bill 2017 by the Dewan Rakyat on Nov 30, Varughese said the Bar welcomed the removal of the mandatory death sentence for drug offences and the restoratio­n of judicial discretion in sentencing.

“We wish to recognise the government for having considered public feedback by amending the Bill and removing the requiremen­t of the public prosecutor’s certificat­ion of the assistance rendered by the convicted person, for the judge to not pass the death penalty.”

However, he pointed out that the amendment did not apply retroactiv­ely, hence prompting the Bar to suggest its proposal.

Despite the proposal, Varughese stressed that the Bar remains resolute with its position that the death penalty is an extreme, abhorrent and inhumane punishment.

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