This piece was awarded first prize in the Opinion Piece Category of the Create for Justice competition.

“When I was caught, I was only 20. I neither take drugs nor was I involved in any illicit  drug activities. I’m not trying to justify my offense; I’m just stating the truth, not to create sympathy. I’m just sharing this on behalf of others who have gone through the same experience, suffering, or pain like me. Yes, it is very painful, I must admit! I have reached the end of the tunnel, this is a very terrible journey which I had walked in darkness, there’s no other pain that can cause me to feel more pain than this”. 

Alas, the excerpt above was taken from a letter written by Nagaenthran, an intellectually disabled Indian man on death row who was senselessly executed on 27 April 2022. Dreadfully, numerous others have shared and continue to share the same harrowing fate as Nagaenthran in Singapore and other retentionist countries in the world. Choking on irony – can death truly be the answer to death? 

To understand the sinister mechanisms of capital punishment, the veil of misconception must be pierced. I highlight two key reasons why capital punishment should be abolished. Then, I proceed to explore the meaning of restorative justice and Malaysia’s reform efforts before reaching a conclusion.  

Disguised as a measure to safeguard people, communities, and society at large, the death penalty instead protects the State. Capital punishment undermines the obligations governments have to ensure the well-being of their citizens. The right to life is the most fundamental human right. When a State exerts absolute power and control over the value of an individual’s life, this right is blatantly violated. The  determination of whose life is spared, is often influenced by power dynamics, inequality, and discrimination. The death penalty disproportionately targets marginalised groups (the poor, the intellectually disabled, foreign nationals, etc.) who have been repeatedly failed by the system in countless ways. In Singapore, most prisoners executed since March 2023 are working-class Indian and Malay ethnic minorities, exposing a clear pattern. Legal representation is often inaccessible for those living on the margins. Thus, the risks of wrongful convictions and unfair trials are rife in the absence of quality legal representation. In Singapore, the burden of proof in drug trafficking cases falls on the accused – a virtually impossible task, especially without legal counsel. “The UNHRC has stated that ‘in cases involving capital  punishment, it is axiomatic that the accused must be effectively assisted by a lawyer at all stages of the proceedings’”. Everyone is equal before courts in theory but not in practice. Hence, if God is the game that a State is playing, I urge readers to hold the State accountable for the sea of blood on its hands!  

The smokescreen of capital punishment also peddles the illusion of deterring crime. If the death penalty was successful in deterring both violent and non-violent capital crimes, then why are these crimes still committed? There is an absence of credible evidence showing that the death penalty prevents crime more effectively than a prison term. Amnesty International notes that in 2008, Canada’s murder rate was less than half compared to what it was in 1976, when the death penalty was abolished. Instead of tackling the root causes of crime, the death penalty perpetuates cycles of violence and brutality in society. In the context of drug offences (which is a capital punishment in 34 countries), the UN have repeatedly underscored that drug offences do not meet the “‘most serious crime’” threshold. To mercilessly end the lives of those who are merely pawns in the war on drugs while the kingpins remain invincible emphasises a fatal flaw in the justice system. The onus lies on governments to focus on harm reduction by educating the public about drug risks (including use, short-term and long term effects, etc.) and implementing accessible rehabilitation services. Instead, States exhaust their resources to power the inhumane machinery of the death penalty. Resources that could otherwise be directed towards meeting the basic needs of the public (which would actually deter crime) are diverted into sustaining the death penalty.  The death penalty racks up excessive costs given its complicated and lengthy legal process involving legal costs, pre-trial costs, jury selection, trial, incarceration, and appeals. Are you ready to stop the killing machine before it stops you?  

I propose that the shackles of retributive justice need to be broken in favour of restorative justice. Justice is the cornerstone of any fair and equal society. Retributive justice contradicts true justice, focusing on punishing the accused rather than addressing broader social implications of criminal behaviour. The imposition of the death penalty is the epitome of retributive justice. Conversely, restorative justice intends to repair the harm caused by crime through collective healing that involves all affected parties. In 2023, Malaysia abolished the mandatory death penalty, allowing courts to impose prison sentences of up to 40 years instead. Reforms also saw natural life imprisonment sentences repealed and reduced offences punishable by death. The principles of restorative justice should guide the Malaysian State in ensuring the resentencing process for those already under the death sentence or natural life imprisonment is fair, equal, just, and transparent. The power of community cannot be minimised during this reform process. Programmes aimed at developing minority communities and fostering rehabilitation are pivotal in reducing the dependence on penal measures. Members of the community (including victims and offenders) should be actively involved in reaching mutually acceptable resolutions while exploring  alternatives to capital punishment. Although Malaysia has shown significant progress in the direction of abolition, the death penalty remains a sentencing option, albeit at the discretion of the courts. Thus, the uphill battle continues because no one is free, until everyone is free!

How many more lives must be taken – brothers, fathers, sisters – before it is enough?