KUCHING: The federal government is in the process of tabling a bill to revoke the death penalty to fulfill a promise in the manifesto of Pakatan Harapan (PH).
With the repeal in progress, a moratorium on all executions of those who were found guilty of capital crimes is already enforced.
Nearly a quarter of them are those who were found guilty of contravening the amendment to Section 39B of the Malaysia Drugs Act 1983 which imposed the mandatory death sentence for drug trafficking.
In fact an amendment in 2017 of the act does not grant discretionary power to judges to make their decisions.
According to lawyer Datuk Seri Gopal Sri Ram’s statement on March 6, the amendment basically tells the court to opt for life imprisonment – a mere “rubber-stamping exercise”.
The amendment to Section 39B (2) states that those who got convicted of trafficking drugs “shall be punished with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of no less than 15 strokes”.
By virtue to the new Section 39(B) (2A), only those who receive a certificate from the public prosecutor to the effect that they are mere couriers will be spared the death penalty.
Official statistics gathered by the narcotics police revealed that despite the mandatory death penalty, the number of drug trafficking cases in the country continues to increase.
From 1990 to 2011, the number of persons arrested for drug trafficking increased from 744 to 3,845. The escalating figures showed clearly that the mandatory death penalty has not achieved its aim of eradicating the drug menace.
On top of that, statistics between January 2014 and October 2017 show that the police have detained 702,319 people for drug trafficking and possession. Out of these, 21,371 were executed under Section 39 (B), and 10,878 people were charged under the same.
Whether the death penalty is seen as a draconian measure or vice-versa, the proposal to remove it has met with mixed public reactions.
A final year student of International Relations at Unimas, Mercy, said instead of using the draconian punishment on drug traffickers, it should be imposed on other heinous offences like rape.
“Honestly, I have always thought that our policy on drugs have been poor. Offences like rape on the other hand are treated more lightly,” she said.
“Rather than abolishing the death penalty outright, the government should review it with regards to the weight of drugs confiscated.
“The death penalty for drug trafficking is ridiculous because of the instances of unwitting drug mules. It can be so unfair.”
Another stakeholder, Shahril Annuar, 35, observed that the mandatory death penalty for drug traffickers has demonstrated that the fight against the drug menace has been ineffective.
“Look at the numbers. Drug use is deeply rooted in social problems. I personally think that the policy should be reviewed with focus on how it has affected society.
“It is not wrong to try other approaches in fighting against drug problems provided we are prepared for the outcome,” he said.
A Syariah lawyer, Adila Rabbini, feared that the abolishment of the mandatory death sentence for drug traffickers would create mass disruption.
“There is no need to abolish it because it is not easy to frame charges that could lead to the death penalty. The process is long and the trial is arduous.
“There must be sufficient solid evidence. Thus only those who are really guilty get sentenced to death.
“Drug trafficking is a serious crime. We should not tolerate those who commit it,” she explained.
