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Address root cause, not perpetuate cycle of violence, says Amnesty International on Zulfarhan case

KUALA LUMPUR: Amnesty Malaysia believes that the death penalty should still be opposed regardless of the gravity or nature of the crime.

"The death of any individual is difficult and painful for their loves one and communities, regardless of who they are, and by opposing the death penalty under any circumstances, we do not seek to belittle their pain", said the international human rights non-governmental organisation in a statement today.

This was after the Court of Appeal sentenced six former National Defence University of Malaysia (UPNM) cadets to death on July 23 for the murder of navy cadet Zulfarhan Osman Zulkarnain seven years ago.

According to Amnesty Malaysia, the sentencing showed that effort towards abolishing the death penalty is still ongoing.

"The imposition of the death sentence for these young men is a stark reminder that the repeal of the mandatory death penalty was just an important step, and we must continue to campaign for its full abolition", it said.

Amnesty Malaysia stressed that addressing the root causes of crime should take priority over harsh sentencing.

"It is also an urgent reminder that we must expand our response to crime, address its root causes and work to prevent it instead of perpetuating a cycle of trauma and violence."

Amnesty International also urged the government to extend the moratorium on executions until the death penalty is fully abolished.

Meanwhile, criminal and human rights lawyer Dinesh Muthal said while he opposed the death penalty, he understood clearly the reasoning behind the court's decision.

"There are other heinous murders but they are one-time acts. Here, there was a continuous streak of bullying and torture", he said.

He added that the court's decision could be understood as a warning against those who may take such actions lightly.

"There was continuity. There was time for them to think, to turn back, but they went on.

"That is why the court considered that there is nothing lesser than the death penalty for them", he said.

The Abolition of the Mandatory Death Penalty Act 2023 grants discretion for courts to choose between execution or a jail sentence of a minimum 30 years and not exceeding 40 years, with a minimum of 12 strokes of the cane where applicable.

Meanwhile, the Revision of Sentence of Death and Imprisonment for Natural Life Act has provided a mechanism for more than a thousand poeple on death row to apply for a review of their sentences.

Last Thursday, in the wake of the sentencing, the Human Rights Commission of Malaysia stated that they firmly opposed the death penalty and described it as a sombre moment in the country's judicial history.

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