In Malaysia alone, at least 48 Filipinos were facing the death penalty as of March this year. 135, U.N. Doc. Though hundreds of people are on death row in Malaysia, the country has carried out few executions in recent years. of State, Background Note: Malaysia, http://www.state.gov/outofdate/bgn/malaysia/197485.htm, March 2, 2012. [5] Status, Declarations, and Reservations, Second Optional Prot. List of Pros of Death Penalty. 29, 35, 45, 46, 48, 49, 50, 55, 59, 63, 69, 71, 83, 90, 93, 95, 99, 115, 120, 124, 125, 136, 137, U.N. Doc. (This question was last updated on June 3, 2019. They also noted that a study has been undertaken to reform the criminal justice in which included offences with a death penalty upon conviction. 3(A), 1971. Malaysian drug trafficker Yong Vui Kong and his accomplice were the first two people to be re … [31] Amnesty International reported that although such a heavy punishment was being carried out, very little information about execution itself was actually made public. Reprieve [1] U.S. Dept. [11] Kidnapping Act of Malaysia, art. 302, 1936, amended by Act 574 of 2006. To help us answer this question, we decided to look at the policies of other countries, both with and without the death penalty, to get a better idea about the current global situation and whether or not Malaysia should follow suit. Crimes Punishable by Death (A) In Other Countries (B) In Malaysia (A) Centuries ago in England and Europe, a person found guilty of theft of even an apple, could be, and often was, sentenced to death. ), One potential area for research regarding the racial and ethnic composition of death row in Malaysia involves the interaction of drug trafficking and migrant workers. [1] Constitution of Malaysia, arts. [4] Kate Mayberry, Malaysia says no 'U-turn' in death penalty abolition, Al Jazeera, https://www.aljazeera.com/news/2018/11/malaysia-turn-death-penalty-abolition-181115061626577.html, Nov. 16, 2018. 11, 2010. In his testimony to the Nebraska Legislature, Dieter states, “ In 1988, the Sacramento Bee found that the death penalty cost California $90 million annually beyond the ordinary expenses of the justice system, of which $78 million was incurred at the trial level. 281, 1935, amended by Act 593 of 2006. 95-96, U.N. Doc. [13] See, e.g., Anderson v. Prosecutor, W-05-46-2000, Court of Appeal of Malaysia, 2004. [7] U.N.G.A. [11], At least 1. 11, 2010. A/HRC/39/19, Sep. 14, 2018. 169(b), 1957. [citation needed], In October 2018, the Malaysian government announced that it would be tabling a bill to abolish the death penalty in Malaysia. MADPET, http://madpet06.blogspot.com/, SUKAHAM, the Human Rights Commission of Malaysia, recognized in its Annual Report for 2011 that public opinion is generally supportive of the death penalty when it concerns murder cases. This is the lowest number of executions that Amnesty International has recorded in at least a decade. [2] Penal Code of Malaysia, art. By including the death penalty in the bill before parliament, Malaysia is bucking a global trend against capital punishment. [10] Penal Code of Malaysia, art. 3(A), 1971. [15] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. [14] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. (This question was last updated on December 6, 2018. 5(1), 119(3)(b), 1957. Since January 2003, the death penalty in Malaysia has been a mandatory punishment for rapists that cause death and child rapists. SUHAKAM (Human Rights Commission of Malaysia): http://www.suhakam.org.my/home Child Act of Malaysia, art. Now, it is back to our country, should death sentence be abolished in Malaysia? It seems like death penalty should be abolished based on the three points given above as we have discussed. A/63/PV.70, Dec. 18, 2008. 396, 1936, as amended by Act 574 of 2006. Other participants must be punished by death if they cannot prove they took all reasonable measures to prevent the weapon from being discharged. [23] Malaysia has amended its penal code to address and further define terrorist acts; [24] however, terrorist suspects are typically dealt with under the Internal Security Act and are detained without trial. [33], Other Offenses Not Resulting in Death.According to various human rights and news sources, drug trafficking crimes may compose the majority of death sentences in Malaysia, with murder generally making up the difference. [35] MADPET, 441 Hanged to Death since 1960, Another 696 on Death Row as at 20/02/2011—Time to Abolish Death Sentence, http://madpet06.blogspot.com/2011/05/441-hanged-to-death-since-1960-another.html, April 3, 2011. A/69/PV.73, Dec. 18, 2014. 3(A), 1971. Free Malaysia Today, Amnesty calls for moratorium on executions, http://www.freemalaysiatoday.com/category/nation/2016/09/24/amnesty-calls-for-moratorium-on-executions/, Sept. 24, 2016. 8(1), 1960, revised 1972. [3] Assisted suicide of a child or insane person is punishable by death as a variety of murder. [14] U.S. Dept. The other situation leading to a possibility of escaping the death penalty is if there are amendments to Singapore’s death penalty laws. Dui Hua, a nongovernmental organization that tracks China’s death penalty statistics, estimates that 84,000 executions occurred in China between 2002 to … [27], Burglary Not Resulting in Death.An offender who discharges a firearm in an attempt to murder or cause harm during a house-break or house-trespass must be punished by death. [5] Amnesty Intl., Death Sentences and Executions in 2018, p. 23, ACT 50/9870/2019, Apr. 71, U.N. Doc. [26] Firearms (Increased Penalties) Act of Malaysia, art. 57(1), 58(1), 59(1), 59(2), 1960, revised 1972. [22] Penal Code of Malaysia, art. By … [39], Pregnant Women.The maximum sentence for a woman pregnant at the time of sentencing is 20 years’ imprisonment. 22-23, http://www.suhakam.org.my/c/document_library/get_file?p_l_id=35723&folderId=23964&name=DLFE-7714.pdf, 2009. [22] The court in that case paid close attention to the evidence presented to ensure that the judgment made was the right one. On October 10, 2018, marking World Day Against the Death Penalty, Malaysia’s Minister of Law Datuk Liew Vui Keong announced that “all death penalty will be abolished. [4] Penal Code of Malaysia, art. This was an historic moment not only for Malaysia—where over 1200 people are currently on death row, overwhelmingly for drug-related offenses—but for the entire region. [20] Once the death sentence has been passed, the sentence shall be passed on to the chief minister of the state where the judgment was given where a note about the evidence used in the case and a report about the judges opinion of the sentence would be included. ), Amnesty International has corroborated executions (more than one) in Malaysia, but had insufficient information to provide a credible minimum figure. The major reason why the death penalty should be abolished is that the cost of the death penalty is too much and the USA is in debt to many other countries. British woman Samantha Jones escapes death penalty in Malaysia ‘for killing husband with knife during row’ Visit the post for more. [30] Penal Code of Malaysia, art. The Law Minister in 2012 held that the government may replace the death sentence with an imprisonment term instead in recognition that such a sentence only punishes the drug mules and not those higher up in the chain. [5] Malaysia Act to amend the Penal Code (Amendment) Act 2007, art. Malaysia still practises the death penalty and as of last year, there were 114 death sentences with another 744 persons on death row while one execution was reported. Most of them were for drug related offences. [17], No. Amnesty International recorded 657 executions in 20 countries in 2019, a decrease of 5% compared to 2018 (at least 690). [8] Currently, death penalties are carried out in Malaysia through hanging and the penalty is used for a variety of offences. 151.1, 151.2, 151.37, 151.91, 151.92, 151.93, 151.94, 151.95, 151.96, 151.97, 151.98, 151.99, 151.100, 151.101, 151.102, 151.103, 151.104, 151.105, 151.106, 151.107, 151.108, 151.92, U.N. Doc. [19] The courts have affirmed that to establish prima facie drug trafficking, it has to be shown that the accused party was in actual possession of the drug and that the person has to have knowledge that they were in possession of the dangerous drug. 39(B), 1952, revised 1980. The money spent on the death penalty could have been used for more important goals, such as saving the lives of other people and helping homeless and disabled children. [13] Suspects under the Act can be detained initially for as many as 60 days without legal representation. In the working group's report, several nations commented on the fact that Malaysia still has the death penalty and suggested that the death penalty be abolished or that a moratorium on the death penalty be recognised. 1. 11, 2010. Muhammad Lukman, whose death sentence for distributing Cannabis extract for medical purposes sparked public outcry and led to a national review of both the Death Penalty and drug laws, This page was last edited on 12 December 2020, at 12:22. 364, as amended by Act 574 of 2006. The last resort for the convicted is to plead pardon for clemency. A/HRC/40/11, Jan. 7, 2019. The Death Penalty: The debate regarding the death penalty is an issue that has continued to attract huge controversies in the past few years. of State, 2009 Human Rights Report: Malaysia, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135998.htm, Mar. Many people assume that the state saves money by employing the death penalty since an executed person no longer requires confinement, health care, and related expenses. 6, 7, ACT 50/001/2010, Mar. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Nov. 16, 2012. At least 1,100 new death sentences across 17 countries were known to have been imposed, a slight increase from the total of 1,037 recorded the previous year. [34] Anil Netto, Death to Malaysian Water Contaminators?, Inter Press Service, http://ipsnews.net/news.asp?idnews=33160, May 8, 2006. 121, 1936, as amended by Act 574 of 2006. [3] Constitution of Malaysia, art. Dui Hua, a nongovernmental organization that tracks China’s death penalty statistics, estimates that 84,000 executions occurred in China between 2002 to … The courts though have noted the severity of the sentence and in several instances have tried to impose a lower sentence where possible. Reports indicate that at least 156 prisoners died while incarcerated between 2000 and February 2011. Channel NewsAsia, Malaysia parliament removes mandatory death penalty for drug offenders, https://www.channelnewsasia.com/news/asia/malaysia-parliament-removes-mandatory-death-penalty-for-drug-9456748, Dec. 1, 2017. 6, 2016. A 1961 law states that kidnapping carried a life sentence or a death sentence, preceded by a whipping. [20]. 12, 2018. [32] Charles Hector, MADPET: Malaysians Against Death Penalty and Torture, Malaysia Executes: Hours After Passing of Second UN Resolution Asking for Stop of All Executions, http://madpet06.blogspot.com/search?updated-min=2008-01-01T00:00:00-08:00&updated-max=2009-01-01T00:00:00-08:00&max-results=50, Dec. 21, 2008; Chelsea L.Y. How much do death penalty cases actually cost the country? of State, 2009 Human Rights Report: Malaysia, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135998.htm, Mar. CHEYENNE, Wyo. 10, 2019. of State, 2011 Human Rights Report: Malaysia, http://www.state.gov/j/drl/rls/hrrpt/2011/eap/186286.htm, May 24, 2012. [5], Terrorism-Related Offenses Not Resulting in Death.Unlawfully possessing firearms or explosives in a designated security area; supplying, receiving, or preparing to supply or receive firearms in a designated security area; or consorting with individuals who perform such acts, is punishable by death. 9, Court of Appeal of Malaysia, 2004; Yang v. Public Prosecutor, No. [8] Amnesty Intl., Death Sentences and Executions 2018, p. 19, 50/9870/2019, Apr. Recently[when? 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Nov. 16, 2012. [20] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. In fact, the death penalty was decreed for several hundreds of offences mostly against property and person. [18] Malaysia’s Minister of Law Datuk Liew Vui Keong announced on October 10, 2018 that since the death penalty will be abolished in Malaysia, “all executions should not be carried out.” [12], By the end of our research, we found no cases significantly altering the application of the death penalty, but the following cases may shed light on how the Malaysian courts apply capital punishment. 11, 2011. 76(1)(a), 1957. [3] Penal Code of Malaysia, art. [11], On 10 October 2018, Liew Vui Keong, the minister in charge of law in the Prime Minister's Department, announced that the Malaysian Government would abolish the death penalty. Even in Asia, where many nations have long insisted that the death penalty is an appropriate and necessary sanction, there are signs of change. [32] Some of the key results of the survey are presented below: 9 Proponents say despite expenses incurred by the government from imposing capital punishment, death penalty is still cheaper compared to the costs of life without parole. However, today we are still in a situation where death penalty is … Daily Express Newspaper Online, Death Row Convicts Donate to Victims, http://www.dailyexpress.com.my/news.cfm?NewsID=31796, Jan. 6, 2005. Malaysia is a federation of states, and the federal Parliament’s ability to legislate some areas is restricted except when pursuant to a treaty or decision of an international organization of which Malaysia is a member. Samantha Jones, 51, from Somerset, broke down in tears in court in Malaysia as a judge ruled that she will not face the death penalty for stabbing husband John, 63, to death in 2018. [11], Yes. 3(A), 1971. Amnesty International has urged Malaysia to abolish the death penalty, saying unfair trials and the use of harsh treatment to obtain confessions put people at risk of execution. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Nov. 16, 2012. [14], Treason.Waging war against Malaysia or offenses against the person of any Malaysian federal or federated head of state is punishable by death. [3] U.S. Dept. A/73/1004, Sep. 16, 2019. As of February 2019, 1,281 people were reported to be on death row in Malaysia, including 568 (44%) foreign nationals. of State, 2011 Human Rights Report: Malaysia, http://www.state.gov/j/drl/rls/hrrpt/2011/eap/186286.htm, May 24, 2012. 15, 2008. [4] Amnesty Intl., Death Sentences and Executions in 2018, p. 23, ACT 50/9870/2019, Apr. [2] Charles Hector, Malaysia Blindly Accepts Myths Propagated by Death Penalty Retentionists, The Malaysian Bar, http://www.malaysianbar.org.my/index2.php?option=com_content&do_pdf=1&id=3433, Jul. 10, 2019. 18-19, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007. The death penalty has become the most argumentative issues and conflict in today 's community. The money spent on the death penalty could have been used for more important goals, such as saving the lives of other people and helping homeless and disabled children. [3] Amnesty Intl., Death Sentences and Executions in 2018, p. 23, ACT 50/9870/2019, Apr. [19] Amnesty Intl., Death Sentences and Executions in 2008, p. 23, ACT 50/003/2009, Mar. MADPET reported in April 2011 that of the 441 people hanged in Malaysia from 1960 to early 2011, 228 of them were convicted of drug trafficking, 130 were convicted of illegal possessions of arms, four were convicted of waging war against the king, and one individual was hanged for kidnapping. 20, Court of Appeal of Malaysia, 2006; Sanusi bin Ismail v. Public Prosecutor, No. Death penalty case costs were counted through to execution (median cost $1.26 million). These individuals sometimes turn to drug trafficking and when they are caught, they face the mandatory death penalty. Malaysia: Should The Death Penalty Be Abolished? [2] U.S. Dept. [4] Criminal Procedure Code of Malaysia, art. A 1961 law states that kidnapping carried a lif… 15, 2017. Amnesty International prepared another report for submission for the 2013 Universal Periodic Review. Most executions took place in China, Iran, Saudi Arabia, Iraq and Egypt – in that order. 73rd session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, para. [6] Kate Mayberry, Malaysia says no 'U-turn' in death penalty abolition, Al Jazeera, https://www.aljazeera.com/news/2018/11/malaysia-turn-death-penalty-abolition-181115061626577.html, Nov. 16, 2018. Gambia, Kazakhstan, Malaysia, the Russian Federation and Tajikistan continued to observe official moratoriums on executions. There are no jury trials in Malaysia. of State, Background Note: Malaysia, http://www.state.gov/outofdate/bgn/malaysia/197485.htm, March 2, 2012. [13] U.S. Dept. [40] Criminal Procedure Code of Malaysia, art. [34] [2] Constitution of Malaysia, art. [19], Comments.While Malaysia does permit the application of Shariah law in Islamic courts, only the High Court, which applies only the civil and criminal law of Malaysia, may try capital cases. [16] A report from October 2012 concerning the conviction of two Indonesian brothers for murder highlights NGOs’ concerns for migrant workers facing capital punishment in retentionist countries. 23, 2013. [29] They also held that there were several safeguards in place in the legal system that have to be met before a death penalty can be passed. In its 2018 Question of the Death Penalty Report, the U.N. Secretary General reported to the U.N. Human Rights Council that in November 2017, Malaysia introduced discretionary sentencing when persons convicted of transporting drugs cooperate with law enforcement. O ne year ago, the newly elected government of Malaysia officially announced its intention to abolish the death penalty. A/69/993, Jul. Of the various non-governmental organisations that made a submission for the review, three had an extract about the death penalty. [39] Status, Declaration, and Reservations, Conv. The General Assembly at the 46 th meeting of the 75 th session adopted the resolution entitled “Moratorium on the use of the death penalty” with 123 votes in favour to 38 against, with 24 abstentions.. [15] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, p. 18, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, March 27, 2012. J-05-121-1995, para. The head of state automatically receives a report on each death-eligible case and can either commute the sentence to some other punishment, pardon the offender, or set the time and place of execution. U.S. Dept. Table 1: Mandatory Death Penalty in Malaysia: Offence Legal Provision which provides for mandatory death penalty: Trafficking in dangerous drugs: Section 39(B) of the Dangerous Drugs Act 1952 Discharging a firearm in the Commission of a scheduled offence Section 3 of the Firearms (Increased Penalties) Act 1971 : Accomplices in case of discharge of firearm: Section 3A of the Firearms … [6] During that time, the state has spent nearly $5 billion to house, prosecute, and eventually execute those individuals. In lieu of the death penalty, women pregnant at the time of sentencing would have their sentences reduced to life imprisonment[16] as provided by Section 275 of the Criminal Procedure Code, 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. [40] However, such cases, as well as a case where “jealousy” was interpreted as “insanity” to preclude criminal liability for a husband’s brutal murder of his wife, could also be interpreted as a permissive attitude towards some honor killings. 39B, 1952, revised 1980. [17] Criminal Procedure Code of Malaysia, art. [6] Malaysia has amended its penal code to address and further define terrorist acts; [7] however, terrorist suspects are typically dealt with under the Internal Security Act and are simply detained without trial. [18] Amnesty Intl., Death Sentences and Executions in 2009, pp. In addition, the Government has also imposed a moratorium on all executions until the death penalty is abolished. 29, 2007. A total of 1634 persons were executed. 16-17, U.N. Doc. Families of murder victims would get a sense of closure knowing the person who took the life of their loved one would not be afforded the same opportunity again. The Court acquitted two men who killed a business partner, allegedly in response to his repeated sexual assaults on one of the men’s wife. MALAYSIAKINI, http://www.malaysiakini.com/a SUARAM (Alternative human rights organization in Malaysia): http://www.suaram.net/. [15] See, e.g., Saari bin Jusoh v. Public Prosecutor, No. [9]. [13] Firearms (Increased Penalties) Act of Malaysia, art. Only High Courts had jurisdiction in capital cases. A paid subscription site, http://www.newcljlaw.com, offers court opinions from Malaysia. W-05-39-01, Court of Appeal of Malaysia, 2003. 121, 1936, amended by Act 574 of 2006. [18] 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. [7] [21] A. Ruban, Brothers executed despite pending clemency appeal, http://www.themalaymailonline.com/malaysia/article/brothers-executed-despite-pending-clemency-appeal, Malay Mail Online, Mar. ", "Malaysian Popular Support for Mandatory Death Penalty Overstated", "Online poll reveals majority of netizens opposed to death penalty abolition", General Assembly report A/HRC/WG.6/4/MYS/Rev.1 at paragraph [89], General Assembly report A/HRC/WG.6/4/MYS/Rev.1 at paragraph [90], SUHAKAM Report 2009 at pg 3, paragraph [17], Amnesty International Report 2008 at page 4, Amnesty International Report 2008 at page 5, The Coalition of Malaysian NGOs in the UPR Process Report at page 1, Working Group Report A/HRC/11/30* 2009 at pg 6 and 18, Working Group Report A/HRC/11/30* 2009 at pg 12, Malaysia General Assembly Report A/HRC/WG.6/17/MYS/1 at paragraph [45] – [47], "OHCHR | UPR UPR Malaysia Stakeholder information", "Death sentence on duo upheld for murder of businessman", Working Group Report A/HRC/25/10 at paragraph 146.106 to 146.111, "Briton executed for drug trafficking conviction", "Malaysia hangs three men for murder in 'secretive' execution", "Australian grandmother sentenced to death by hanging for drug smuggling", "Sydney woman Maria Exposto has drug conviction and death sentence overturned in Malaysia", https://en.wikipedia.org/w/index.php?title=Capital_punishment_in_Malaysia&oldid=993773152, Articles with dead external links from November 2016, Articles with permanently dead external links, All articles with vague or ambiguous time, Vague or ambiguous time from January 2019, Articles with unsourced statements from June 2018, Creative Commons Attribution-ShareAlike License, Waging or attempting to wage war or abetting the waging of war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri –, Offences against the person of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri –, Abetment of mutiny within Malaysian Armed Forces, if mutiny is committed in consequence thereof –, Abetment of suicide of child or insane person –, Attempt to murder while under a life sentence–, Kidnapping or abducting in order to murder –, Discharging a firearm in the commission of a scheduled offence –, Being an accomplice in case of discharge of firearm –, Offences in security areas for possession of firearm, ammunition and explosives –, Consorting with person carrying or having possession of arms or explosives in security areas –, Abduction, wrongful restraint or wrongful confinement for ransom –. 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