Judges at the Court of Persekutuan in Putrajaya have decided to commute the death sentences of four Indonesian citizens who were facilitated by the Indonesian Embassy and Consulate General in Malaysia in seeking a review of their sentences.
A total of three judges in a hearing at the Court of Persekutuan in Putrajaya on Thursday, unanimously decided that the death sentences and life imprisonment were changed to prison sentences since they were arrested and flogged.
Hermono, Ambassador Extraordinary and Plenipotentiary of the Republic of Indonesia to Malaysia, said the Embassy of the Republic of Indonesia welcomed the Malaysian Government’s policy of abolishing the mandatory death penalty for certain criminal cases such as drug cases and murders that involve many Indonesian citizens or Indonesian Migrant Workers (PMI).
Responding to this development, he said the Indonesian Government through the Indonesian Embassy and Consulate General has appointed lawyers to provide legal assistance for migrant workers who have been sentenced to death and life sentences.
According to Hermono, there are 78 Indonesian citizens or migrant workers throughout Malaysia whose sentences will be reviewed. Of these, 54 cases are in the Peninsula region and the remaining 24 cases are in the Sabah and Sarawak regions.
In a hearing at the Putrajaya Magistrates’ Court today, the panel of judges decided to commute the sentence of Fernandez, who was arrested on April 29, 2004 in connection with a drug case and sentenced to death, to 30 years imprisonment from the date of arrest and 12 lashes of rattan.
Burhanuddin bin Bardan, who was arrested on March 26, 2004 in connection with the same case and sentenced to death, was sentenced to 30 years’ imprisonment and 12 lashes of the rattan by the panel of judges.
The judges at the Putrajaya Associate Court also commuted the death sentence of Suhirman bin Maksom, who was arrested on March 2, 1991 for possession of firearms, to 32 years’ imprisonment from the date of arrest.
At the same hearing the judges also decided to set aside the death sentence for Mohd Nor bin Fauzi who was arrested on July 13, 2000 in connection with a drug case, and sentenced him to 30 years’ imprisonment from the date of arrest.
Selvi Sandrasegaram, a lawyer appointed by the Representative of the Republic of Indonesia to assist Indonesian citizens in Malaysia, said after the trial that with the verdict, two of the Indonesian citizens, Suhirman bin Maksom, who was facilitated by the Indonesian Consulate General in Johor Bahru, and Mohd Nor bin Fauzi, who was facilitated by the Indonesian Embassy in Kuala Lumpur, were released on the same day.
Meanwhile, Fernandez and Burhanuddin bin Bardan, facilitated by the Indonesian Consulate General in Johor Bahru, are expected to be released in April 2024 and March 2024, respectively.
The Indonesian Embassy in Kuala Lumpur and the Consulate General in Johor Bahru since July 2023 have provided assistance to Indonesian citizens in Malaysia who are facing death sentences and life imprisonment sentences, by visiting every prison in Malaysia and collecting data to collect evidence to support the legal process, appointing lawyers to assist these Indonesian citizens, and facilitating repatriation for those who are finally released and able to return to Indonesia.
The Malaysian government has enacted the Mandatory Death Penalty Abolition Act 2023 (Act 846) since July 4, 2023. Those who have been sentenced to death or life imprisonment have at least one opportunity to apply for a review of their sentence.