10
October 2011 marked the World Day Against the Death Penalty. The trend
worldwide has been to abolish the death penalty, as the execution of
human beings by the State serves as an “example of barbarity” to society
and legitimises the taking of human life. Malaysia is one of the 32
remaining countries in the world that still provide for the death
penalty for drug-related offences. Out of these 32, 13 have the
mandatory death penalty. Malaysia is one of them. In all Commonwealth
countries except Malaysia and Singapore, the mandatory death penalty has
been declared to be a “cruel and unusual punishment.”
The
Malaysian Bar advocates for the abolition of the death penalty in the
belief that every individual has an inherent right to life. This right
is absolute, universal and inalienable, irrespective of any crimes that
may have been committed. There is no empirical proof that the death
penalty is effective in deterring heinous crime. In fact, drug-related
offences and addiction have been on the rise in Malaysia since the 1983
amendment to the Dangerous Drugs Act 1952, which brought in the
mandatory death penalty.
We
also know that the vast majority of arrests for drug trafficking is
usually of low-ranking “drug mules” who are the most visible and easy to
apprehend. In other words, while policymakers hope that the death
penalty serves as a deterrent, the reality is that the majority of these
arrests of “minor offenders” would not impact the scale or
profitability of the drug market.
It
is well-acknowledged that no legal system in the world is foolproof or
error-free. The opportunity to right a wrong is, however, not available
if the death sentence on a person has been carried out; in such event
we, as a society, will be collectively responsible for having sent an
innocent man or woman to the gallows. We should take no risks to
subject a person to death, as the execution of the death sentence is
irreversible.
The
death penalty has no place in any society that values human rights,
justice and mercy. The Malaysian Bar has organised today’s public
forum, together with the European Union Delegation to Malaysia and the
Malaysian Human Rights Commission (SUHAKAM), to hear the diverse views
on this highly critical matter. Two of our Members have also produced a
short documentary focusing on the death penalty. It is our sincere
hope that the proceedings of this public forum as well as the
documentary will further contribute to the debate on this issue in
Malaysia.
The
Malaysian Bar reiterates its call on the Malaysian Government to
immediately abolish the death penalty, and for an immediate moratorium
on its use pending its abolition.
Lim Chee Wee
President
Malaysian Bar
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