Federal court to hear bid by ex-child prisoners to review indefinite detention

PUTRAJAYA: The Federal Court has set Monday (Nov 24) to hear the applications by seven former child prisoners convicted of serious offences, who are seeking leave to review the court’s decisions ordering their detention at the pleasure of the Ruler.

The applications, filed in March under Rule 137 of the Rules of the Federal Court 1995, argued that their indefinite detention under Section 97(2) of the Child Act 2001 violated their rights under Articles 5(1) and 8 of the Federal Constitution, pertaining to liberty of a person and equality before the law.

The prisoners contended that legal provisions have changed, abolishing the mandatory death penalty and natural life imprisonment, which have 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.

Abdul Rashid Ismail, the lawyer representing the applicants, confirmed both the hearing date and the filing of the applications when contacted.

In the applications filed separately, the applicants argued that the change in law abolishing the mandatory death penalty and natural life imprisonment necessitates a review and reconsideration of their sentences.

They claimed they suffered a significant miscarriage of justice and have no alternative remedy to correct the injustice, considering the change in the law.

The seven prisoners, now aged between 26 and 35 years old, were convicted of 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 supporting their applications, they stated they have been advised by their lawyer that the Abolition of Mandatory Death Penalty Act 2023 removed the mandatory death penalty sentence and natural life imprisonment, thus requiring intervention by the Federal Court under Rule 137 of the Federal Court Rules to prevent injustice. – Bernama