Prisoners on death row should not have their sentences automatically replaced with 30 years imprisonment or life imprisonment upon the abolition of the death penalty, said Malaysian Bar president George Varughese.
Instead, the duration of imprisonment should be proportionate to the gravity of the offence and take into the consideration the circumstances and mitigating factors of each case.
These factors include the offender’s age, past criminal record, the offender’s role in the offence, fear of other people, and degree of cooperation with authorities and remorse shown by the offender.
“Only then will the punishment of imprisonment meted out be just and effective,” he said in a statement today.
The government is planning to abolish the death penalty and impose a moratorium on executions.
Amid concerns that this would result in death row inmates being set free, de facto law minister Liew Vui Keong clarified that they would serve at least 30 years behind bars.
"Their sentence will be commuted to imprisonment for life or life imprisonment," he said, yesterday.
He explained that "imprisonment for life" meant that inmates would serve out the rest of their living years in prison, while "life imprisonment" would carry a minimum 30-year sentence.