WHILE a large section of the society welcomed the Court if Appeal’s overturning of a 18-year jail sentence of six former National Defence University Malaysia (UPNM) students by sending them to the gallows instead for the murder of navy cadet Zulfarhan Osman Zulkarnain seven years ago, NGO the Malaysians Against Death Penalty and Torture (MADPET) begs to differ.
Instead of meting out the death sentence on the six defendants, MADPET wants Malaysian courts to demonstrate justice and compassion by stopping the use of death penalty regardless of the severity of the committed crime.
“For the crime of murder, no more does the Malaysian courts and judges have no choice but to sentence the convicted to mandatory death penalty as was in the past,” the NGO’s co-founder Charles Hector pointed out in a statement.
“Now, courts have the option to impose the alternative sentence of long-time imprisonment (30-40 years) and whipping (of not less than 12 strokes) following the Abolition of Mandatory Death Penalty Act 2023 which came into force on July 4, 2023.
“MADPET hopes that Malaysian courts demonstrate justice and compassion by stopping to use the death penalty.”
In a related development, Hector also queried as to why only the six who were involved in the torture of Zulfarhan using a steam iron were sentenced to death while the other 12 accomplices who were also involved in the torture process “were not charged for culpable homicide not amounting to murder”.
“Ironically, the 12 others were convicted Section 330 of the Penal Code for voluntarily causing hurt to extort confession or to compel restoration of property when they have NO RIGHT to extort confession whatsoever,” justified Hector who is also a human rights activist and lawyer.
“To sentence the six to death but the other 12 to just four years imprisonment may be a miscarriage of justice or inadequate administration of justice.
“To convict (the 12 accomplices) under Section 330 of the Penal Code may be seen as an acceptance of ‘self-help’ by lay persons, including the ‘torture’ of the individual suspected of a crime by people who are not legally empowered to enforce the law.”
Additionally, MADPET also wants the public prosecutor to consider taking action against the Rumah Sakit Angkatan Tentera (military hospital) and the As-Salam Clinic for failing to inform the authorities of the severe torture inflicted on Zulfarhan which led to his death on June 1, 2017.
“Surely, doctors and medical facilities are duty-bound to report to relevant law enforcement when they come across a possible victim of crime,” added the NGO. – July 25, 2024
Main image credit: The Malaysian Reserve
