Capital punishment in Malaysia
There are currently 27 capital crimes in Malaysia, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2007, rape resulting in death.
[5] The thirty-three capital crimes included murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2007, rape resulting in death.
[6] As of March 2023[update], there were 34 capital crimes, including murder and drug trafficking, with 11 of them carrying the mandatory death penalty.
[8] The bill was subsequently approved by the Dewan Negara on 11 April 2023[9] and received royal assent from the Yang di-Pertuan Agong on 9 June 2023.
In their report, they noted that they were against capital punishment and natural life sentences and recommended that such cases be reviewed by the Pardon Board.
[17] Amnesty International reported that although such a heavy punishment was being carried out, very little information about execution itself was actually made public.
[19] The Coalition of Malaysian NGOs in the UPR Process stated that they took the same stance as Amnesty International and noted that the death penalty went against the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
[20] As for the Working Groups report, several nations including France, Djibouti, Egypt and Sudan recommended for a range of actions to be taken against the death penalty.
This included suggestions of outright abolition to ratifying the ICCPR and applying the relevant standards when the death penalty was imposed.
The Pakatan Harapan government had campaigned on reviewing capital punishment and other "unsuitable" national security laws during the 2018 Malaysian general election.
[33] The government's announcement to abolish capital punishment was welcomed by Kumi Naidoo, Amnesty International's Secretary General, who called on the Malaysian Parliament to consign the death penalty to the history books.
[34] In contrast, multiple groups and people have come out against the abolition of the death penalty, including non-governmental Malay dominance organization, Perkasa.
[39] On 10 December 2019, the Law Minister Liew Vui Keong announced that an anticipated proposal on alternatives to the death penalty would be submitted in January 2020, allowing judges a discretion in certain serious crimes.
[41] After the 2022 Malaysian general election led to another change in government, the new administration formally passed new legislation in April 2023 officially abolishing the mandatory death penalty, with Deputy Law Minister Ramkarpal Singh telling Parliament, "The death penalty has not brought the results it was intended to bring.
"[42] In April 2023, the Anwar Ibrahim cabinet introduced legislation in Parliament formally repealing the mandatory death penalty.
The new law would replace the mandatory death penalty with a sentence of 30 to 40 years in prison, with the exception of offences under the Dangerous Drugs Act 1952 where life imprisonment would remain a possibility.
[7] The revised law took effect on 4 July 2023,[1] and the death row population in Malaysia were also given a chance to review their cases for re-sentencing by the Federal Court of Malaysia under another newly enacted law called Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
[44] However, there were other cases where the Federal Court refused to commute the death sentences, like the 2014 Kuching double killer Zulkipli Abdullah,[45] and Shahril Jaafar who raped and killed a female jogger.
In lieu of the death penalty, women pregnant at the time of sentencing would have their sentences reduced to life imprisonment as provided by Section 275 of the Criminal Procedure Code,[55] while juvenile offenders would be detained at the pleasure of the Ruler, Governor or Yang di-Pertuan Agong depending on where the crime was committed as provided by the Child Act 2001.
Since then, there has been a relaxation on this rule as death penalties may sometimes be substituted with a lighter sentence which includes mandatory whippings, forced rehabilitation or preventive detention.
[58] Under section 39B of the Dangerous Drugs Act, those in possession of 15 g or more heroin and morphine; 1,000 g or more opium (raw or prepared); 200 g or more cannabis; and 40 g or more cocaine will receive the mandatory death sentence.
