The Malaysian Bar today appealed to the government for a final clemency by commuting P Chandran's death sentence to life imprisonment, and for the government to consider abolishing the capital punishment once and for all.

Bar president Christopher Leong said it had just learnt that the authorities intended to carry out the death sentence on Chandran tomorrow.  

“Hence, the Malaysian Bar appeals to the government for clemency, and to stay the execution. The Bar also appeals to the authorities and to the government to take appropriate steps to commute his death sentence to one of life imprisonment,” Leong said in a statement.

Chandran was found guilty of murder and the decision was upheld by the Federal Court resulting in the death sentence.

Leong said capital punishment was mandatory for persons convicted of murder, trafficking in narcotics exceeding a specified amount and for discharging a firearm.

He said the Bar wants the abolition of the death penalty as it believes every individual has an inherent right to life, and this right is absolute, universal and inalienable, irrespective of any crime committed.  

The Bar president said there is no empirical evidence to support death penalty serves as an effective deterrent to the commission of crimes, as there has been no significant reduction in crimes for which the death penalty is currently mandatory.

“Furthermore, there is no criminal justice legal system in the world which is foolproof, error-free or fail safe and hence with the death penalty, there is no opportunity to correct an error as the punishment is irreversible,” said Leong.

'Gov't considering abolishing penalty'

Leong added there was no denying that guilty persons ought to receive punishment but it is not the same as saying they should be put to death.   

“It is incongruous for Malaysia, as a civilised society, to condemn the barbarity of murder by responding with the taking of life sanctioned by the state. The death penalty has no place in any society that values human life, justice and mercy.

“The government since 2010 has announced its willingness to relook at the mandatory death penalty, with a view to abolishing it or the reintroduction of a discretionary death penalty.

“The then-de facto law minister Nazri Abdul Aziz said the government would be in favour of abolishing the mandatory death penalty if a majority of Malaysians were in favour of it.”

Leong said attorney-general Abdul Gani Patail had in July 2012 also said that his chambers was considering an amendment to the Dangerous Drugs Act 1952 to give judges the discretion not to impose the death sentence on drug couriers, commonly known as “drug mules”.  

“The AG's Chambers was reportedly also considering a proposal that those on death row be re-sentenced.”

The Bar, Leong said, also conducted a survey in 2012 and the results showed there was very little public support in Malaysia for the mandatory death penalty.  

Leong said the majority of Malaysian favoured a discretionary death penalty for murder, but the majority did not favour the death penalty at all, when presented with typical cases of drug trafficking and non-fatal firearms offences.

“Given this, public opinion is not a barrier to the reform of the mandatory capital sentencing law for murder, or to its complete abolition for drug trafficking and non-fatal firearms offences.”

“In light of such review, the government should, in the interest of justice, impose an immediate official moratorium on any and all executions of the death sentence,” he said, adding there are about 900 persons on death row awaiting execution, including Chandran, and the punishment should be stayed pending a review of the mandatory death penalty.