Seven former child offenders seek review of indefinite detention, arguing changes in death penalty laws justify reconsideration.
PUTRAJAYA: The Federal Court is set to hear on Monday the applications by seven former child prisoners convicted of serious offences, who are seeking leave to review the court’s decisions ordering them to be detained at the pleasure of the Ruler.
The applications filed in March this year under Rule 137 of the Rules of the Federal Court 1995 contended that their indefinite detention under Section 97 (2) of the Child Act 2001 violated their right to Articles 5(1) and 8 of the Federal Constitution (liberty of a person and equality before the law).
The prisoners argued that there have been changes to the legal provisions abolishing mandatory death penalty and natural life imprisonment, which have now been replaced with either the death penalty at the court’s discretion or imprisonment for a period of not less than 30 years but not exceeding 40 years.
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Abdul Rashid Ismail, the lawyer representing the applicants, when contacted, confirmed both the hearing date and the filing of the applications.
In the applications filed separately, the applicants argued that there has been a change in law which abolishes the mandatory death penalty and natural life imprisonment that necessitate their sentences to be reviewed and reconsidered.
They contended that they suffered a significant miscarriage of justice and have no alternative remedy to correct the injustice, considering that there has been a change in the law.
The seven prisoners, now aged between 26 and 35, were convicted for murder, kidnapping and drug trafficking offences committed during their teenage years.
Due to their ages at the time of the offences, they were sentenced to be detained at the pleasure of the Ruler instead of receiving the mandatory death penalty.
In their affidavit to support their applications, they said they have been advised by their lawyer that the Abolition of Mandatory Death Penalty Act 2023 (Abolition Act 2023) came into force in 2023 removed mandatory death penalty sentence and natural life imprisonment and therefore their indefinite detention requires the intervention of the Federal Court under Rule 137 of the Federal Court Rules to prevent injustice on them (the applicants). – Bernama
