The confirmation by Minister in the Prime Minister’s Department, Dato’ Sri Azalina binti Othman Said that the Cabinet has agreed to table the necessary amendments to the Dangerous Drugs Act, 1952 (DDA) to effectively abolish the mandatory death penalty for drug trafficking offences under section 39B thereof is certainly a step in the right direction and is very much welcomed.
In a written reply to my question in Parliament on the matter, Azalina stated that the Cabinet had, on 1.3.2017, agreed to such amendments after being persuaded by a study conducted by the International Centre for Law and Legal Studies (I-CeLLS). It is interesting to note the said study was not confined only to offences under the DDA but concerned the death penalty as a whole in this country.
In light of the above, I am of the view that the Government should go a step further and replace the mandatory death penalty for all offences which carries the said sentence with a discretion given to a judge to impose an alternative appropriate sentence depending on the facts and circumstances of a given case. It is obvious that the rationale behind the abolishment of the mandatory death penalty as stated above by Azalina was based on research which suggests that the death penalty was not an effective deterrent which ought to apply to all cases carrying the death penalty.
I am also of the view that the amendments above ought to be retrospective in nature as they ought to apply to all offenders regardless of when the offence was committed. As such, I urge Azalina to introduce express provision in the said amendments which allows
a concluded case to be reviewed by a judge with a view to imposing a punishment other than the death penalty in the interest of justice.
It is highly doubtful if the death penalty has been effective in preventing certain crimes and it is hoped giving judges the discretion to impose alternative sentences in drug trafficking cases would result in the ultimate goal of the abolishment of the mandatory death penalty for all offences which carry it in the near future.