KUALA LUMPUR, Feb 5 — The Malaysian Bar has called for an immediate moratorium on attempted suicide and the introduction of a more rehabilitative solution instead, in light of Putrajaya’s stated intention to decriminalise suicide.
In a statement today, its president Abdul Fareed Abdul Gafoor also admonished the Pakatan Harapan (PH) administration for allowing 38-year-old Mohamad Sani Isa, who tried to take his own life on December 23, 2019 in Terengganu, to be sentenced to six months in prison.
“The charging and sentencing of Mohamad Sani Isa in this case, sends out a completely inappropriate message to the world at large, that Malaysian society is uncaring and lacks empathy towards its troubled citizens,” said Abdul Fareed.
He then proceeded to demand that the government:
(i) immediately impose a moratorium on, and not proffer any new charges under this provision;
(ii) pardon those who have been prosecuted and convicted under this provision; and
(iii) consider rehabilitative solutions and review and strengthen support mechanisms available to those who find themselves in similar, seemingly hopeless situations
Abdul Fareed noted that Minister in the Prime Minister’s Department Datuk Liew Vui Keong had indicated the government’s commitment to decriminalise attempted suicide on several occasions.
The lawyer pointed out that Liew stated he planned to table the relevant amendments to the Penal Code later this year.
“If this is the direction in which the government is heading, this policy must be affected across the various branches of government, and should result in the imposition of a moratorium on the further use of this provision, as was done for executions pending the abolishment of the mandatory death penalty,” he said in the statement.
Abdul Fareed explained that there could be multiple reasons why someone would want to kill themselves, including mental health issues such as depression — which was cited in court documents as the reason behind Mohamad Sani’s attempt on his own life.
Furthermore, he pointed out that it is problematic to assume that these issues would best be served by incarceration or penalties.
The Malaysian Bar president added that the fact the provision still exists in the Penal Code and is used against an individual who is already going through a tough time is not reflective of an administration that is reformist, mature and understanding of its people.
“An individual may be feeling hopeless and lost, or may be struggling to cope with the vicissitudes of life.
“Such individuals should have access to assistance, support and sympathy from the authorities and society, and should be the subject of care and concern. It is unfair to surrender such individuals to the already overcrowded and overburdened prison system.
“The fact that the individual in this case, being both disabled and depressed, was not offered any relief, but was instead subjected to this archaic provision and, in the absence of legal representation, sentenced to prison, is a great injustice,” said Abdul Fareed.
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