iii. Transitional
It should be noted that the concept of ‘transitional’ introduced by the
proposed ill is different from the meaning of retrospective. As such, any
persons whose trial have been completed and have been sentenced
are not entitled to a retrial and to use the amended Act. The Commission
is of the opinion that any amendments should reflect the spirit in which
they were made, which in this case, is to exclude certain categories of
offenders. Thus, the inclusion of a retrospective clause would put meaning
to the intention and spirit of the amendment.
In the meantime, the Commission urges that a moratorium on the use
of death penalty be put into effect. The Commission also hopes that the
government will progressively review the relevance and effectiveness of
capital punishment in other offences.
On a different development, the Commission has expressed its interest to
participate in the Asia Pacific Forum on ‘Abolition of the Death Penalty
Project’ (ADPP) which was duly submitted in May 2017. The Commission had
been selected and given funds by APF to organise related activities. As part
of the project, a position paper would be submitted to Parliament, which
covers outcomes of the activities and recommendations of the issues related
to the death penalty. At the time of writing, the Commission has conducted
several working meetings with relevant stakeholders and workshops with
students in University of Selangor and Universiti Pendidikan Sultan Idris. The
project is scheduled to be completed by the end of May 2018.
8.
ACCESS TO INFORMATION IN MALAYSIA
The need for information to be freely accessible is vital to create a
transparent and open society. While the government has a need to protect
certain information which may have a bearing on national security, this must
not be used as an excuse to prohibit the sharing of information and lack of
transparency from the government.
Pursuant to this, the Commission together with the Centre to Combat
Corruption and Cronyism (C4) had commenced an activity on the access
to information in Malaysia. A roundtable discussion (RTD) with stakeholders
comprising civil society groups and representatives from government
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