Friday 29 Mar 2024
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This article first appeared in Forum, The Edge Malaysia Weekly, on November 23 - 29, 2015.

 

DEAD man walking” is a phrase used in US prisons to describe a condemned prisoner walking to a place of execution. It is arguably the longest and hardest journey for a death row prisoner.

It is also the title of a highly acclaimed US crime drama, released in 1995, starring Susan Sarandon and Sean Penn, about the emotionally charged final journey of a death row prisoner.

In the movie, convicted murderer Matthew Poncelet (played by Penn) establishes a special relationship with a nun, Sister Helen Prejean (Sarandon). As the day of his execution draws closer, he  asks her to help him with a final appeal.

The appeal is declined, and Poncelet then asks Sister Helen to be his spiritual adviser until the day of execution. She agrees and tells him that his redemption is only possible if he takes responsibility for what he did.

Just before he is taken from his cell, Poncelet admits his crimes — he killed a boy and raped a girl — to Sister Helen. As he is being prepared for execution, he appeals to the boy's father for forgiveness and tells the girl's parents he hopes his death brings them peace. Poncelet is executed and later, given a proper burial. The anti-death penalty message in the movie is unmistakable.

In Malaysia, under current law, the death sentence is imposed for firearms, drugs, treason and murder-related offences. So, one might ask: how many dead men walking are there in Malaysia?

The latest statistics from the Prisons Department show that there are 1,022 convicted inmates awaiting execution. Their sentences cannot be carried out as they are still appealing the court’s decision.

From 1998 till Oct 6 this year, 33 prisoners were executed for their involvement in various crimes, the statistics reveal. During the same period, 127 inmates on death row received lighter sentences or clemency after the State Pardons Board considered their pleas and petitions under Order 114 of the Prisons Regulations 2000.

This brings us to Putrajaya’s proposed bill, which it plans to table next March, to abolish the mandatory death penalty for drug-related offences. According to de facto law minister Nancy Shukri, the bill would give discretion to judges to choose between jailing a person or sending him to the gallows in non-criminal cases, such as drug-related offences.

Apparently, Attorney-General Tan Sri Mohamed Apandi Ali is on the same page as Putrajaya  in this regard. In an interview with The Malaysian Insider recently, he made known openly his support for the abolition of the mandatory death sentence.

Since Nancy made the announcement a few days ago, there has been overwhelming support all round, from human rights activists and lawyers to politicians.  

The Human Rights Commission of Malaysia (Suhakam), in a statement, described the proposal as a positive development that will bring Malaysia’s position on the issue closer to that of many countries that have abolished the mandatory death sentence. Not only that, Suhakam went one step further by urging a moratorium on all executions for the time being.

However, it should be noted that the bill does not seek to abolish the death penalty, but only to give discretion to judges to decide whether or not to impose it.

A case in point is that of Yong Vui Kong, a Malaysian who, in November 2013, became the first drug trafficker on death row in Singapore  to have his sentence commuted to life imprisonment and 15 strokes of the cane under a 2012 amendment to the country’s capital punishment law.

But to push for the bill to be passed in Parliament is not going to be a walk in the park. The government and human rights groups have to win over public opinion. And as we all know, that can be extremely tricky.

Not so long ago, a public opinion survey commissioned by the Bar Council showed that Malaysians believe in the death penalty but do not want to impose it, even on those who commit serious crimes such as murder, drug trafficking and offences under the Firearms (Increased Penalties) Act.

Make no mistake, the death penalty can be a complicated subject but the message we must drive home is how ineffective it is. It does not reduce or deter crime, nor does it deter future criminals.

Yes, crime does not pay, but that does not mean every criminal has to pay with his or her life. Save for the hardcore criminals who have committed heinous crimes, such as serial murders, others deserve a second chance to repent and live.

And this is what Putrajaya’s proposed bill seeks to offer — a second chance for dead men walking. 


Khaw Veon Szu, a former executive director of a local think tank, is a practising lawyer. Opinions expressed in this article are his own.

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