When baby Zara's mother, Noraida Abdul Aziz sent her to her children's baby-sitter on 7th November, she did not know that this would be the last time she would be holding her baby alive. By the end of the day, baby Zara was hospitalised for physical abuse and rape. Two days later, she died of her injury, which included fractured skull and torn hymen. The suspect, the husband of the baby-sitter, was tested positive of methamphetamine abuse.
Yet, today (13th November 2018), Malaysian Cabinet had decided to abolish the death penalty.
A massive win for human rights activists. But is it the right move? Or is it a move that would bite Malaysians in the future?
Death Rows
There are approximately 1,200 individuals on death rows in Malaysia today. Of these, 900 were convicted of drug trafficking.
There are approximately 1,200 individuals on death rows in Malaysia today. Of these, 900 were convicted of drug trafficking.
Some families claimed that their loved ones were victims of overjealous prosecution, and they are victims in a justice system that is unfair. Some even claimed that they are victims of a victimless crime.
Let's have a look at some of these offences which are affected by this abolishment.
Dangerous Drugs Act
As mentioned earlier, three quarter of those on death rows are drug traffickers. Many of these human rights activists claimed that these are drug traffickers are the victims themselves and the crime is a victimless crime.
As mentioned earlier, three quarter of those on death rows are drug traffickers. Many of these human rights activists claimed that these are drug traffickers are the victims themselves and the crime is a victimless crime.
Which I would disagree. As mentioned earlier, baby Zara's murderer had methamphetamine in his system. So was in the system of Ahmed Abdullah Ali, a Libyan student who drove into Wan Amirah Wan Alias, a 33 year-old Unifi assistant manager, in a fit of anger. And days before, he had threatened the life of another person.
The victims of the victimless crime are the users of the drugs.
To be fair, the law itself may need to be amended as some drugs may have beneficial effects, but is not allowed in the country. For example, cannabis oil is prohibited as it is classified as drugs. And that landed a Mohamad Lokman, a 29 year-old a death sentence for distilling oil from cannabis.
Dangerous Weapons Act
Another crime punishable by death is the trafficking of weapons. Enough anguish had been caused by illegal weapons. And not only these weapons are dangerous, they are used in crimes that undoubtly will worsen the lives of ordinary Malaysians.
Penal Code
I would like to bring attention to two major offences under Penal Code. The first is murder. Canny Ong's murderer had not only murdered her, but also her unborn child. Post-morterm indicated that she was pregnant when she was murdered. The murderer, Ahmad Najib Aris, had not only raped and killed her, but also burnt her body. He was hanged in 2016 for his crimes.
I would like to bring attention to two major offences under Penal Code. The first is murder. Canny Ong's murderer had not only murdered her, but also her unborn child. Post-morterm indicated that she was pregnant when she was murdered. The murderer, Ahmad Najib Aris, had not only raped and killed her, but also burnt her body. He was hanged in 2016 for his crimes.
Another case that gripped the nation was the grisly murder of UMNO politician, Mazlan Idris in 1993. Three persons were convicted of the murder, Mona Fandey, her husband Mohd Affandi Abdul Rahman, and Juraimi Hassan. In the grisly murder, aspiring UMNO politician Mazlan Idris had sought their help to gain political power via otherworldy means. He was told to lie down when Juraimi heaved an axe onto him, prematurely ending his political career. His body was chopped into 18 pieces and buried. Mona Fandey and her accomplices were hanged to death in 2001.
The next crime listed under Penal Code is the crime of waging war against His Majesty Yang DiPertuan Agong. To-date, 4 men had been hanged for this crime. In 2001, they perpetrated the Al Mau'nah weapons heist. Led by Mohamad Amin Mohamad Razali, they stole about 100 assault rifles and other weapons. 2 security personnel, Trooper Matthew anak Medan and Detective Corporal G Sagadhevan were executed in cold-blood. Mohamad Amin had even tortured Trooper Matthew, knee-capping him to force him to divulge information, but failed. Angered, he shot Matthew in cold-blood.
Another 70 plus suspects are now awaiting trials to be prosecuted under this offence, all are participants of the Royal Sulu Force intrusion into Sabah in 2013.
Deserving Penalty for Despicable Crimes
As mentioned above, many of those mentioned above had been found more than deserving the death penalty that they had been 'bestowed' upon.
As mentioned above, many of those mentioned above had been found more than deserving the death penalty that they had been 'bestowed' upon.
These are but some of the violent crimes that had occurred in our country. The lawmakers of the past evidently did not simply pass or try to act as God when they had included death penalty in their laws. In fact, some of the laws are very far ahead of their time.
For example, in the Water Services Industries Act 2006 and Strategic Trade Act 2010, the magnitude of the death penalty is commensurable with the crimes associated with these acts. Lets look at the Water Services Act.
Death sentence is prescribed under Section 121 of the Act, where if a person or persons purposely poisons or contaminate water supplies with the intention of murder, and resulted in deaths, then the persons could be prosecuted with the maximum death sentence. Yet, the same act mentions that the persons can be liable for 20 years of prison, thus giving leeway to a judge to weigh the case.
But let's face it. Water is a basic need. And poisoning water supply not only prevents any normal individual from enjoying the use of water, but also denying the person from his basic human needs.
Another important act to look at is the Strategic Trade Act. Strategic Trade Act was promulgated to control the proliferation of weapons of mass destruction and is part of Malaysia's effort to meet United Nations push to prevent the spread of weapons of mass destruction such as chemical weapons, nuclear weapons and biological weapons. Enacted in 2010, it was also in response to allegations by Libyan dictator Muammar Ghadaffi that parts of their defunct nuclear weapons programme saw them producing nuclear-capable centrifuge devices in Malaysia.
Let's face it again. A single nuclear device could destroy a whole city. Countless lives wil be lost. And such heavy penalty is required to prevent this from being spread. And under Section 12 of the Strategic Trade Act, death penalty is prescribed to these traders of mass murders.
Injustice in the System
Proponents of abolishment of death penalty frequently quote the fact that some convicts were found to be not guilty years after they were executed. I agree, this is an injustice which needs to be dealt with. But removing the death penalty that would be a deterrance to others for the sake of a political manifesto, is to me, a massive step backward in human rights.
I agree with them, death sentences on people like Mohamad Lokman who distilled cannabis oil for treatment of some ailment should be relooked at. But you should not remedy this doing away the penalty as a whole.
How about our human rights?
These are but some of the crimes that I could highlight and why we really need to rethink if we are really ready for abolishment of death sentence. Some may argue that we should accept the abolishment, but would these people maintain the same voice if it is their loved ones that had become victims of these crimes? Likewise, would I remain steadfast to have death penalty maintained if my loved ones are the one prosecuted under crimes that would lead to the death penalty?
These are but some of the crimes that I could highlight and why we really need to rethink if we are really ready for abolishment of death sentence. Some may argue that we should accept the abolishment, but would these people maintain the same voice if it is their loved ones that had become victims of these crimes? Likewise, would I remain steadfast to have death penalty maintained if my loved ones are the one prosecuted under crimes that would lead to the death penalty?
But one thing I am very sure of. If the rights of these murderers and often remorseless killers need to be respected, how about the basic human rights of their victims, many of them, remain nameless till the end of time?
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