KUALA LUMPUR: It takes a combination of the executive, legislature and the judiciary to steer Malaysia towards the abolition of the death penalty, says Amnesty International Malaysia.

“The executive must understand the reasons for enacting the policy and the legislature must understand the reasons for enacting – repealing and amending – laws,” said its executive director Shamini Darshni.

“The judiciary has a crucial role to play as it deals directly with people who are impacted by the laws and policies of a country,” she said in an interview ahead of the first Regional Congress on the Death Penalty here.

It would take all three, replied Shamini, when asked which branch of government has been the most supportive in repealing death pe­­nal­ty provisions in countries that have done away with them.

Malaysian laws provide for both mandatory and discretionary death sentences and, according to the Home Ministry, there were 975 pri­soners on death row as at Nov 13.

In December, 117 members of the United Nations’ 193 member states supported a UN General Assembly resolution for a moratorium on executions with a view to abolishing the death penalty globally.

Malaysia voted against it, said Shamini.

The two-day meeting beginning June 11 is organised by the French association Together Against the Death Penalty (ECPM) in collaboration with the Anti-Death Penalty Asian Network, Suhakam and the Bar Council.

She added that the congress would allow the global anti-death penalty movement to demonstrate international support for Malaysia to become a death penalty-free country.

While the civil society movement in Asia has shown a stronger commitment towards abolishing the death penalty in recent decades, she said the region was the “biggest user of this heinous and cruel form of punishment used in the name of justice”.

Shamini said the movement was targeting the government in gene­ral, the Attorney-General’s Cham­bers and the Prime Minister’s ­De­­part­ment specifically for an immediate suspension of the death penalty with a view to total abolition.

“The death penalty can be a complicated subject but the message we must drive home is how ineffective it is. It does not reduce or deter crime, nor does it deter future cri­mi­­nals.

“As the argument for abolition continues, backed up by solid research from organisations, we hope to change policy within ­go­­vernments of countries that have the death penalty in place.

“In the end, it takes political will to make a change in national law,” said Shamini.

She added that organisations such as ECPM play a crucial role in educating the public on the evils and ineffectiveness of the death pe­nalty through targeted programmes.

A recent public opinion survey commissioned by the Bar Council showed Malaysians believe in the death penalty but do not want to impose it, even on those who commit serious crimes such as murder, drug trafficking and offences under the Firearms (Increased Penalties) Act.

Asked whether getting rid of the mandatory death penalty, but not the death penalty itself, half the battle would be won or just baby steps, Shamini said they opposed the death penalty in all situations.

“Governments must always adhere to international law where the death penalty is concerned.

“Abolishing the mandatory death penalty is a step in the right direction, but governments must demonstrate commitment towards complete abolition by first establishing an official moratorium on executions.

“Another message we want to drive home through this regional congress is to call on Malaysia and all other Asian governments which retain the death penalty to commute without delay all death sentences.”

On March 4, 2013, Indonesia ended a four-year moratorium on the death penalty with the execution of Adami Wilson, a citizen of Malawi. More recently, on April 28, a firing squad killed eight prisoners, including two Australians who had spent a decade in jail.

Asked whether a moratorium was a worse form of torture because of the uncertainty of when it would end, she said a temporary halt was with a view to total abolition.

“The mental torture of living under the threat of imminent execution is certainly more inhumane than a temporary reprieve that a moratorium allows for,” she added.

Shamini disputed the popular reason given by the executive and lawmakers that the death penalty was an effective tool in reducing crime.

“In fact, it has even been recorded that some countries like the United States bring up debates to retain the death penalty during election time to chalk up the image of being tough on crime.

“Further, we have witnessed global incidents where the death penalty was used as a political tool to oppress citizens, like in recent times in Egypt, where mass sen­tences were imposed.”

With the introduction of the first Asian Regional Congress on the Death Penalty, Shamini said they hoped to change law and policy through awareness, education and debate.