Speaker moots special tribunal to decide fate of over 1,000 death row inmates

Feb 18, 2023

By Rex Tan
As Malaysia moves to abolish the mandatory death penalty, Dewan Rakyat Speaker Datuk Johari Abdul has suggested the government set up a special tribunal to decide the fate of over 1,000 prisoners on death row.

The PKR politician who said he is against mandatory capital punishment, added that the tribunal could be set up similar to the existing Pardons Board, but with members comprising either sitting or former judges, January 12.

“Set up a special tribunal akin to the Pardons Board and it could be made up of prominent judges or former judges to look into these cases.

“Let them give their views and decide what to do,” he told the newspaper in an interview.

Johari, a former lawmaker, was asked to comment on fellow Pakatan Harapan colleague Ramkarpal Singh’s announcement that the government is looking into alternative punishments should the mandatory death penalty be abolished, as advised by a 2019 special committee led by Tun Richard Malanjum when the latter was chief justice.

But former de facto law minister Datuk Seri Wan Junaidi Tuanku Jaafar told the newspaper that a special tribunal might not work as it could be seen as holding higher authority than the Federal Court, which is accorded supreme judicial powers under the Federal Constitution, “It would go against the Constitution if a tribunal is set up and has jurisdiction above the Federal Court,” Wan Junaidi was quoted as saying.

Instead, he suggested Parliament create a new law and amend the Constitution to allow the Yang di-Pertuan Agong the power to grant a general amnesty to prisoners on death row.

“The death sentences could be commuted to life imprisonment or otherwise, depending on the facts of each case,” he told the newspaper.

Citing Malaysian Bar president Karen Cheah, The Star reported there are currently 1,327 prisoners on death row. --Malay Mail