i. Mandatory Whipping Even though the Court may sentence the person with life imprisonment, the said person is also to be punished by whipping. The word “shall” in the proposed section 39B clearly indicates that it is mandatory for whipping to be applied in such cases. Thus, it gives no discretion to the judge to consider the whole situation of the case before him. The choice of word used indicates that the government is still maintaining its stand on the usage of corporal punishment as one of its deterrence punishments. The Commission is adamant that corporal punishment should not be part of our legal system as it is against the principles and spirit of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and other human rights treaties and declarations. ii. Life Imprisonment There is a concern that the proposed amendments do not take into consideration the various circumstances and reasons of the commission of the offence. “Imprisonment of life” as proposed in the ill indicates that it is mandatory for the judges to impose life imprisonment to the convicted persons once they have fulfilled the requirements needed. The concept of proportionality should be employed in determining the actual sentence, and judges should then be given discretion to impose the length of the imprisonment or other forms of punishment. S U H A K A M A N N U A L R EPOR T 2017 25 1 In relation thereto, it was agreed that section 39B of the Drug Dangerous Act 1952 be amended and should include additional provision to give discretionary power to the court in delivering other punishments under certain conditions for the offences of drug trafficking under section 39B of the Act. The proposed Dangerous Drug (Amendment) Bill 2017 was tabled, debated and passed at the House of Representative in November 2017, and in December 2017, the Bill was passed by the Senate. The Commission welcomes the removal of mandatory death penalty in section 39B of the Parent Act and the reinstatement of discretion power of the Court, upon the fulfillment of certain conditions. However, there are several concerns that the Commission wishes to highlight to Parliament which include: C H A P T E R Dangerous Act 1952. Pursuant to this, Minister YB Dato’ Azalina Othman Said announced in Parliament House during Parliament Sitting in March 2017 that the research had been completed and approved by the Cabinet.