KUALA LUMPUR – The hearing of the 11 review applications brought by death row prisoners at the Federal Court, today, proves that the principle of restorative justice under the country’s criminal justice system will always remain preserved, said Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said.
In a milestone event, the Federal Court will be hearing 11 review applications today, and another 14 on Thursday under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847)
In a statement, today, Azalina said the latest development reflects the government’s commitment in promoting and defending human rights.
“From the 11 applications, seven were on death row after being found guilty under Section 39B of the Dangerous Drugs Act 1952 for drug trafficking while the remaining four are applying a review against their respective life sentences,” she said.
As of November 9, Azalina said the Federal Court’s Chief Registrar Office had received applications for the review of 978 cases, of which 861 were for the death penalty and another 117 involving life imprisonment.
“A total of 1,020 death row and life imprisonment prisoners are eligible to submit their applications. According to the provisions of Act 847, all applications must be submitted to the court within 90 days from the effective date of this act.
“The implementation of the conduct of court proceedings takes into account various factors according to priority, including the age of the prisoner, the level of health and the period of imprisonment of the prisoner as well as other urgent considerations,” she said.
Azalina also stressed that the imposition of the death penalty for criminal offences still remains in the criminal administration system in Malaysia.
“However, it is no longer mandatory as it was before and the amendment of the law gives judges the option to use their discretion in imposing the appropriate punishment.
“This matter is in line with the commitment by the unity government to give a second chance to the prisoners to return to society and family and continue their lives as ordinary citizens,’ she added.
According to the provisions of Act 847 which came into force on September 12, the Federal court has the discretionary power to review cases involving the death penalty.
This follows the enforcement of the new law which is the Mandatory Death Penalty Abolition Act 2023 on July 4.
Under the law, the mandatory death penalty for offences such as drug trafficking and murder was abolished.
The law gives the judge the choice of whether to impose the death penalty or imprisonment for a period of not less than 30 years and not more than 40 years, and if not sentenced to death, the offender can also be whipped not less than 12 times for male prisoners under the age of 50. – November 14, 2023