MP SPEAKS | M'sia must press on in abolishing death penalty

MP SPEAKS | To uphold an international reputation as a nation that respects, defends and protects the right to life as enshrined in Article 5 of the Federal Constitution, Malaysia must not lift the moratorium on executions and move towards the abolition of the death penalty.

Today marks the 18th year of the World Day Against the Death Penalty. Today I dedicate this piece to my comrade, brother, friend and fierce advocate to abolish the death penalty, Batu Sapi MP Liew Vui Keong who suddenly left us on Oct 2.

The theme? A timely “Access to counsel – a matter of life or death”.

Many may say that there are more important things to talk about instead of the death penalty. Covid-19, vaccines, healthcare, retrenchments, job security, education, mental health, sexual violence against children, domestic violence and many others. I agree, yes, but giving out capital punishment for a crime committed in a time like this must also take into account the contributing factors as stated above.

As of June 30, 1,314 inmates are serving time on death row in Malaysian prisons. Of them, 1,182 are male prisoners and 132 female convicts. Malaysians make up 775 of the number while 539 inmates are of foreign nationalities.

A breakdown on ethnicity will show 368 inmates are Malay (47.4 percent), 198 inmates are Indians (22.3 percent), 173 inmates are Chinese (22.3 percent) and 36 or 4.7 percent make up others.

The moratorium signed by Liew to halt any executions still stands, and my wish is for the new government to honour it. In 2018, for the first time, Malaysia voted in support of the moratorium along with 121 countries out of 193 at the United Nations General Assembly.

I urge this government to maintain its stand on the moratorium when called to vote again this year.

At a time of heightened anxiety and as some say "germaphobia" during a pandemic like this, governments must practise the highest principles and standards in sentencing punishments to those who breach quarantine requirements and standard operating procedures (SOPs) as imposed by the health authorities.

A disturbing trend is seen not just in Malaysia but globally when VIPs or people in higher positions can get away with defying SOPs while the man on the street is fined, detained or prosecuted on the spot.

No one is above the law, and yet some manage to escape the long arm of it.

Any disobedience of the SOP by anyone must be punished without fear or favour, however, in Malaysia that is not so the case.

According to a study done by Penang Institute in 2018, of 289 cases retrieved from three major online sources of legal database publications, namely the Malaysian Legal Journal (MLJ), Current Law Journal (CLJ) and Asean Legal Information Portal (Asean LIP), the cases involving murder and drug trafficking had been reversed at the Court of Appeal and the Federal Court. 

As pointed out in the study: “...we cannot disregard whenever there are instances of miscarriages of justice, i.e. the use of torture to extract confessions; corruption; lack of proper interpretation; perjury; admission of contradictory evidence; and attitudes of the judiciary”.

I want criminals to be punished, no matter how high the position, how strong the connection or how long the title – a crime committed must be punished. But not with the death penalty.

Anyone and everyone must be given the right and access to justice, and laws must be seen to be just so that punishments can be meted out, without fear or favour.

I wish to see the government invest in ensuring social justice is provided for all, and not only for a few. I wish to see all children given the right and opportunity to be educated, to excel in sports, to be masters of their skills, to have access to healthcare, to grow up in a safe, clean and conducive environment with healthy meals on the table. 

I wish to see the government step up efforts on their war against drugs despite it being a lucrative trade and many governments enjoy being the downline or upline in the syndicates. I wish to see more men and women empowered, socio-economically so that they don’t need to depend on vice to sustain their livelihood. I wish to see the government plan for the future to ensure we fight to reduce crime rather than ending lives.

Thank you, Liew, for being a beacon of hope in our journey to uphold the right to life.

KASTHURI PATTO is Batu Kawan MP and international secretary for DAP Women.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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