Malaysia must take the lead in Southeast Asia by abolishing the death penalty

Source: New Straits Times (10 February 2022)

https://www.nst.com.my/opinion/columnists/2022/02/770152/malaysia-must-take-lead-southeast-asia-abolishing-death-penalty

MALAYSIA is on the path of becoming a nation that will put the dignity of human beings and human rights before any other consideration.

This would be the case if the government eliminated the death penalty from its penal code.

By the end of the month, the government could embrace the likely recommendations being provided by a committee headed by former chief justice Tun Richard Malanjun, findings that hopefully will prove that alternative sentencing to the death penalty is possible and in the best interest of the country.

Public opinion is swayed by the emotional turmoil and trauma caused by stories about the death penalty.

It is regrettable that judges kept sentencing people to death despite an official moratorium being in place and an imperfect but still positive amendment to the Dangerous Drug Act 1952 in 2017.

The amendment did away with automatic mandatory penalty and instead gave a discretion to judges to decide, based on conditions to be met for not imposing the death penalty on someone.

That's why the government must follow through and make a case for a total, unconditional abolition of the death penalty.

There should not be any hesitation on this move.

Even Chief Justice Tun Tengku Maimun Tuan Mat recently said that stiff sentences did not seem to deter people from getting involved in drugs.

It is a case that criminologists around the world, together with activists, are trying to make, a case that must be built on evidence, even when it is harder to come up with solid evidence, like the role deterrence plays in drug-related crimes.

This is an effort worth taking and must continue, even if it takes time.

We know that those who suffer the worst consequences in these cases are the vulnerable.

In Malaysia, despite conservative mindsets in the judiciary, politicians — with their hesitancy and changes of positions, shifting from a bold and progressive stance to a weakened position — are mature enough to understand that capital punishment does not reflect the modern values the country stands for.

This is one of the reasons why a possible cabinet decision to abolish the death penalty has wider implications for the region as well.

We know that the Asean community works based on the principle of non-interference, but advocating against capital punishment is not about minding someone's else business but rather working to promote a better humanity, a fairer and more just global civilisation founded on unalienable human rights.

The committee led by Malanjun devoted considerable attention to alternative sentencing, not just for the sake of delivering less cruel punishments, but also as a way to redeem and rehabilitate convicted criminals.

This path of redemption might not be always feasible and a life sentence with no parole might be the best option available, but it is important not to forget that jails should be places for moral resto-ration and not personal destruction and demolition.

Hopefully, politicians studying Malanjun's report will make the right decision and use this as an opportunity to frame a strong, progressive strategy to promote human rights beyond the nation's borders.

While waiting for the cabinet to take a final decision, the path is already clear: Malaysia must lead the way in Southeast
Asia by getting rid of the death penalty.

In a nutshell, this column is about Malaysia taking the lead not only domestically but also internationally to promote the defence of life.

The nation should pursue this cause not from a position of moral supremacy and perfection, but from one of humility.

That's the place where Malay-sia started learning, showing itself to be able to change its mind, become better, more humane and an example to those who refuse to change.

The author writes on civic engagement, youth development, Sustainable Development Goals and regional integration in the context of the Asia Pacific