Abolition of Mandatory Death Penalty Act 2023
[34][35] On 11 January 2019, during a conference held at Monash University Malaysia, Liew again reiterated he remained a strong supporter of abolishing the death penalty despite his cousin was murdered 40 years ago.
[41][42][43] This move was soon accused and criticised by several NGOs and human rights groups as a sudden "U-turn" on the Pakatan Harapan government's stance on total abolition the death penalty.
[44][45] Human rights groups such as Amnesty International described the announcement as "disappointing", accusing the government as "appears to have bowed to political and public pressure to retain the death penalty".
[46][44] Lawyers for Liberty (LFL) has also criticised the Pakatan Harapan government as succumbing to "moral cowardice" and calling the decision as "shocking, unprincipled and embarrassing".
[51] On 5 April 2019, Law Minister Liew Vui Keong said that the process to abolish the mandatory death penalty was still ongoing as the government had to deal with various issues related to the imposition of a moratorium against executions.
[52][53][54] On 10 May 2019, after nearly a year in office, Liew conceded that legal reforms such as proposal to abolish mandatory death penalty is still work in progress as the government must consider the views of all stakeholders, given the complexity and sensitivity of the issue.
[64] The Bill was originally expected to be tabled to the Dewan Rakyat in March 2020,[58] but this would not be materialised as the Pakatan Harapan government would collapsed on 24 February 2020 following Sheraton Move and the resignation of the then-Prime Minister Mahathir Mohamad.
During Muhyiddin Yasin's 17-months term as the 8th Prime Minister from his swearing in on 1 March 2020[69] until his resignation on 16 August 2021,[70] no Bill relating to abolition of mandatory death penalty was ever tabled in any of the Parliament sitttings held.
No real progress was achieved either as the then-Law Minister Takiyuddin Hassan merely on separate occasions told Parliament that the report submitted by the special committee will be presented to the Cabinet for "further consideration"[71][72][73] and still "required further scutiny".
[79][80] On 10 June 2022, Law Minister Wan Junaidi in a press statement announced that the government has agreed to abolish mandatory death penalty and replace it with punishment that are meted out at the discretion of the court.
[85] On the same day, Prime Minister Ismail Sabri Yaakob emphasised that the death penalty will remain and not be abolished entirely, and the change is only on the fact that judges are now given discretion in sentencing.
On 12 December 2022, during a speech in Human Rights Day Forum 2022 at Royale Chulan Hotel, Azalina briefly mentioned that she will continue the effort of previous administration to abolish the mandatory death penalty.
[102] On 12 January 2023, Dewan Rakyat Speaker Johari Abdul suggested for a special tribunal to be set up to decide the fate of persons who were already sentenced to death.
[107] On 27 March 2023, the Abolition of Mandatory Death Penalty Bill 2023 was officially tabled for its first reading in Dewan Rakyat by Law Minister Azalina Othman.
(a) without a valid licence granted under section 12; or (b) in contravention of any condition imposed under paragraph 12(2)(a), shall, on conviction, be liable to punishment with — (i) death; or (ii) imprisonment for life and whipping with not less than six strokes, and, in the case of a company, firm, society or body of persons, with a fine not exceeding five hundred thousand ringgit.
[123] When the effort to abolish mandatory death penalty was revived under the Ismail Sabri's administration in June 2022, Human Rights Watch's representative, Phil Robertson, commented that it is an important step forward, but he cautioned that the public should adopt a "wait-and-see" approach before actual legislative amendments were put into effect, as "successive Malaysian governments promising much on human rights but ultimately delivering very little", he said.
[124] When the Bill was passed by the Dewan Negara on 11 April 2023, Elaine Pearson, Asia director at Human Rights Watch said its passage brings Malaysia closer to the majority of countries that have eliminated capital punishment altogether.
The UN experts claim the mandatory use of the death penalty constitutes "an arbitrary deprivation of life and is a fundamental infringement upon the independence of judiciary and fair trial guarantees".
[126] Following the passage of the Bill by both Houses of Parliament in April 2023, UN human rights experts again hailed Malaysian government's decision to repeal the mandatory death penalty.
The UN experts said with this decision, Malaysia sends a strong signal supporting the abolition of the death penalty in "a region where capital punishment is too often imposed for a broad range of crimes such as drug related offenses".
[127][128] When a total abolition of death penalty was first proposed back in October 2018 by the then-Law Minister Liew Vui Keong, Malaysian Bar in a statement said they "wholeheartedly" welcome the announcement.
[129][130] In June 2022 when the then-Law Minister Wan Junaidi under the Ismail Sabri's administration renew the pledge to abolish mandatory death penalty, Malaysian Bar again welcomed the decision and agreed that the sentencing powers should always remain within the unfettered domain of the judiciary.
SUHAKAM's chairman describes the decision as a good first step, but he still is of the view that "a discretionary death penalty is still a barrier to upholding human dignity and the right to life".
[138][139] When the Bill was finally passed by the Dewan Rakyat on 3 April 2023, SUHAKAM expressed their welcome on the news and believe it is a positive step towards the ratification of the United Nation Convention Against Torture (UNCAT).
The group claimed that the mandatory death penalty does not provide justice as it deprives judges of the discretion to sentence based on the situation of each individual offender.
[143][144] When the then-Law Minister Wan Junaidi under the Ismail Sabri's administration announced the government has finalised its policy decision on alternative sentences for the mandatory death penalty, ADPAN again expressed their praise over the news, calling it "a step towards justice".
[51] When a special committee was announced in September 2019, MADPET deemed it as an attempt by the PH government to further delay the abolition effort, which the group fear will "greatly prejudice" accused charged with mandatory death penalty offences.
[151][152] The group also celebrated the news when this Act officially became law on 4 July 2023, and continue to reiterate their call for Malaysia to totally abolsihed the death penalty.
[155][156] In March 2019, when it was announced that only mandatory death penalty will be abolished, LFF strongly criticised the PH government for being succumbing to "moral cowardice" and calling the decision as "shocking, unprincipled and embarrassing".
[47][48] Following Wan Junaidi's announcement in June 2022 to continue the abolition of mandatory death penalty, LFL applauded the government for its move, claiming that it was "the right thing to do".
