Amnesty International Malaysia has expressed “deep concern” over the amendments proposed by the government to Section 39B(2) of the Dangerous Drugs Act 1952, saying that it would allow the public prosecutor to make crucial judicial decisions.

The amendments, which were tabled at the Dewan Rakyat for first reading yesterday, seeks to give courts the power to sentence those involved in drug trafficking to life in prison, instead of the mandatory death penalty. 

However, Amnesty executive director Gwen Lee highlighted the “very narrow circumstances” under which convicts would be eligible to avoid the death penalty.

She noted that the mandatory death penalty would be retained for those convicted of drug trafficking, and that only those who had merely been involved in transporting prohibited substances could qualify for the lesser sentence of life imprisonment and caning.

Furthermore, those eligible for the lesser sentence would require written certification from the public prosecutor, confirming that they had helped an enforcement agency disrupt drug trafficking activities.

Lee claimed that the amendments introduced “new troubling features” into the criminal justice system.

“The new amendment not only maintains the old problems of the law we had, but introduces new troubling features in our criminal justice system, by for example giving power to an official - who is neither a judge nor a neutral party in a trial - to effectively make a life and death decision. This is simply unacceptable,” she said.

'Reconsider the amendments'

Lee also observed that the amendments were similar to those introduced by Singapore four years ago.

“The proposed measures seem to closely follow the amendments introduced in Singapore in 2013. We have monitored and summarised the effects of those changes in a recent report and we are concerned that this seems to be the elected model to follow.”

Lee urged the government to reconsider the amendments, and for full discretion to be restored to the judiciary.

“Amnesty International calls on the government and parliamentarians to immediately reconsider the amendment of the Dangerous Drugs Act 39B(2) and return full discretion to the judges.

“Pending full abolition of the death penalty, we also call on the government to establish a moratorium on all executions, including as Parliament debates on the laws governing this punishment are ongoing,” she said.

In a joint statement released today, DAP representatives Kasthuri Patto and Ramkarpal Singh echoed Lee’s concerns.

“Giving such drastic powers to the public prosecutor is not only unprecedented, but also brings with it various practical problems which the government must recognise,” they said.

They raised concerns about bribery, and the potential inability of convicts to provide sufficient assistance to enforcement agencies.

Most crucially, they argued that effectively giving the public prosecutor the capacity to pass a sentence would constitute an “usurpation of the powers of the judiciary.”

Ramkarpal and Kasthuri also noted that the amendments would not apply to those who had already been convicted and were currently on death row.

“Such a (non-retrospective) proposal is not only absurd, but downright cruel,” they said.