The Malaysian Insight

THE police must respect the government’s approach and position on the usage of the death penalty and not interfere in policy decisions, Lawyers for Liberty said today.

Its director Zaid Malek said the duty of enforcement authorities is to uphold and enforce the laws enacted.

“They have no business taking public positions on policies and legislation.

“The police must focus on dismantling the operations of the drug kingpins who send drug mules to their death, leave drugs legislation to the government of the day and Parliament,” he said in a statement.

Zaid was responding to Bukit Aman Narcotics Criminal Investigation Department Director Ayob Khan Mydin Pitchay’s suggestion yesterday that the possession of 15g of syabu should be made a capital punishment offence.

Ayob also said the authorities will beef up control at the country’s borders to curb the increase in cannabis smuggling from Thailand following the government’s decision to allow its citizens to plant marijuana effective June 9.

This comes at a time when the government said it had agreed to abolish mandatory death sentences for a list of criminal offences, including drug related offences.

Zaid said there was a total disconnect between Ayob’s statement and the government’s historic announcement last week on doing away with the mandatory death penalty.

“This is precisely why it is undesirable for enforcement bodies such as the police to make public statements on politically controversial policy issues such as the usage of the death penalty,” he said.

He pointed out that the government’s objective was clearly to reduce and limit the usage of the death penalty in drugs and other cases.

“Contrary to this, Ayob’s proposal adds another new category of drugs offence punishable with death.”

Zaid said there was no rational basis for the proposal that possession of 15g of syabu should be punishable with death.

He added that Ayob’s complaint of Thailand’s decision to decriminalise planting of marijuana was narrow and misguided.

“It fails to take into account the fact that decriminalisation of marijuana is a part of a global trend based on scientific evidence of its medicinal and health benefit.”

Last week, the government agreed to abolish the mandatory death sentence, giving discretionary power to the courts.

Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar said the decision was made after a presentation of a report on substitute sentences at a cabinet meeting on June 8.

“The cabinet has agreed that a further study will be carried out on the proposed substitute punishment for 11 offences carrying the mandatory death penalty, one offence under section 39B of the Dangerous Drugs Act 1952, and 22 offences carrying the death penalty but with the discretion of the court,” Wan Junaidi said in a statement

There are currently 1,281 convicts on death row across 26 detention facilities nationwide, of whom 73% were convicted for drug trafficking under section 39B of the Dangerous Drugs Act 1952. – June 13, 2022.