MP SPEAKS A parliamentary reply dated May 20 to my question on the breakdown of nationalities on the death row in Malaysia and if the government is ready to abolish the mandatory death penalty, stated that 1,042 people were facing the death penalty as at April 30, 2015.

Of them, 629 are Malaysians and 413 are foreigners, with 649 executions pending court appeals and 393 seeking pardon from the state Pardon Boards.

While I welcome Minister Nancy Shukri's recent statement justifying the delay in tabling the amendments on the mandatory death penalty, the burden lies on her as the minister in charge of law to table the proposals to the cabinet, and together with attorney-general (AG) Apandi Ali, she should once and for all advocate and push for human rights reforms such as this to gain confidence among Malaysians, members of Asean and of the global community, carving a new identity for Malaysia as an abolitionist country.

In a written reply to Puchong MP Gobind Singh Deo in March 2014 on whether the government would impose a moratorium on executions and that the government is prepared to study the effectiveness of it, the government had clearly stated that it had no intention for a moratorium on executions, particularly for those who have exhausted all avenues in seeking pardon from individual state Pardon Boards.

The reply also shockingly stated that the issue of the government abolishing the death penalty is non-existent as the Pardon Board headed by the Yang di-Pertuan Agong has full authority to abolish the death penalty for offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

For offences committed in other states, the jurisdiction lies within the powers vested in the Sultan or Yang di-Pertua Negeri, after the Federal Court has upheld the decision to execute, while Article 42(1) of the Federal Constitution grants the Yang di-Pertuan Agong the power to grant pardons, reprieves and respites in respect of all offences.

The impression given to Parliament

And all this while, the Parliament has been given the impression that the 'power' to bring about these changes lies within the cabinet and the AG.

This is the first case of shifting the goal post.

Secondly, the government has clearly stated, time and time again, that public opinion is in favour of retaining the death penalty.

If yes, then it is laughable and ironic that the government decides as and when it wants to listen to public opinion, for an online poll conducted by Gerakan in February 2016 shows that more than half of the 1,523 anonymous respondents wanted an end to the death penalty.

While the majority of the Malaysian public vehemently oppose the implementation of the goods and services tax (GST), the government decides to turn a deaf ear to public opinion with stringy replies justifying the need to have it.

According to Professor Mai Sato of the University of Reading, when carrying out surveys on death penalties, a ‘yes’ or ‘no’ answer hardly addresses the weight of the matter, which is for a state to take one's life away. Tailor-made public surveys with options given to the respondent have proven to be best strategies when gathering data on public opinion regarding the death penalty.

Government cagey on the questionnaires

However, our government appears cagey on tailor-made death penalty questionnaires to gauge public opinion. Such a dense double standard speaks volumes about the severe lack of political will to bring amendments to the mandatory death penalty in the country.

The third shift of goal posts is not granting discretionary powers to the judges to hand down different forms of punishment, apart from the death penalty. This shows the dark hands of executive interference in the criminal justice system and judicial independence.

On June 19, 2016, Nancy Shukri stated in The Star that she really wants to see the amendment to the mandatory death penalty be passed and implemented prior to the 14th general election.

As elected officials with legislative power, Members of Parliament have a duty to protect the rule of law and human rights. As MPs from both sides of the divide, we must use our positions to push for the abolition of the death penalty with our government, as well as with regional and international organisations.

As a minister in the Prime Minister's Department in charge of law, it is Nancy’s moral responsibility to put political differences aside and, together with MPs from the opposition and members of the civil society such as Amnesty International, Anti-Death Penalty Asia Network, National Human Rights Society (Hakam) and also members from the Bar Council to advocate for this tectonic change in our national policy to display valiant commitment in upholding and protecting human rights, especially on the right to life.

The cabinet should not keep shifting the goal post on committing to abolish the mandatory death penalty and table the amendments to abolish this law at the coming October sitting of the Dewan Rakyat.

KASTHURI PATTO is the MP for Batu Kawan and a member of Parliamentarians for Global Action on the Abolition of the Death Penalty.