KUALA LUMPUR, Oct 16 — Malaysian Bar president George Varughese today said that all existing death sentences should not be automatically replaced with life imprisonment.

George said the government must ensure that the jail time given, in lieu of the death sentence, is proportionate to the gravity of the offences committed.

"The government must take into consideration mitigating factors and distinctive circumstances of each case, such as the offender’s age, past criminal record, role played in the offence, mental capacity, reparation made, fear of another person, use of violence, harm done to property or person, rehabilitation goals, degree of cooperation with the authorities and remorse shown by the offender,” he said in a statement.

George said while the Bar has been an advocate of death penalty abolishment, it is important to ensure a fair and effective penalty system is exercised.

George’s statement came shortly after Minister in Prime Minister’s Department Datuk Liew Vui Keong told the Dewan Rakyat today that existing death sentences will be commuted to a minimum of 30 years’ imprisonment, if Malaysia abolishes capital punishment.

In a response to a supplementary question by Batu Kawan MP P. Kasthuriraani, Liew added that the commutation will not be retrospective.

It means time already served will not be used to offset the new custodial sentence.

"The jail term will run from the date the Pardons Board commutes their death sentences to life imprisonment,” he reportedly said.