Skip to main content

Malaysia: Death penalty may be scrapped for drug offences

The Government is looking into the possibility of withdrawing the mandatory death sentence for drug offences and replacing it with jail terms.

Minister in the Prime Minister's Department Datuk Seri Nazri Aziz said the Attorney-General's (A-G) Chambers would study the suitability of the move.

"One of the main reasons is because there are close to 250 Malaysians arrested as drug mules and sentenced to death abroad, including in China, Venezuela and Peru.

"It is difficult to justify our appeal to these countries not to hang them when our own country has the mandatory death sentence," he said in a press conference in Sauk, near here yesterday.

Convicted drug traffickers in the country now face the mandatory death sentence under Section 39B of the Dangerous Drugs Act.

Nazri, who is also the de facto Law Minister, said he would need to seek Prime Minister Datuk Seri Najib Tun Razak's view before discussing the suggestion with the A-G.

"If the Government is going ahead with the suggestion, we need to have a moratorium on death sentences from being carried out for those who are convicted in Malaysia.

"We are considering an alternative of 30 years' jails or more and allowing judges to have discretionary power under the Act," he said.

On the issue of porn blog duo Alvin Tan and Vivian Lee, Nazri said he would refer the matter to the A-G's Chambers.

"We need to look into what Malaysian laws they have broken. But also we need to remember that anything that is morally wrong does not necessarily mean that it is legally wrong.

"We definitely do not condone the act. This is what happens when there is absolute freedom of expression," he said.

Source: The Malaysia Star, October 21, 2012


Move humanises criminal law, say lawyers

The proposal to replace the mandatory death sentence for drug offences with imprisonment has been lauded by the legal fraternity.

Bar Council president Lim Chee Wee said the Bar Council had always been against the death penalty.

"If it is wrong to take someone's life, then the government should not do it either. It's ironic (to have such a law) and not correct," he said.

Lim said records had shown that despite having the death penalty, the number of drug trafficking offences had not been reduced.

"The numbers have instead increased. This shows that the death penalty has had a zero deterrent effect."

He said the council hailed the move as a historic moment for the criminal justice system in Malaysia as it represented a significant step in humanising criminal law.

Syariah lawyer Nizam Bashir was also in favour of abolishing the death penalty and believed it should be repealed for offences that were out of sync with the public conscience.

"The argument has been that no matter how good a system is, it will never be error-free," he said.

He said that in light of weaknesses in the legal system, innocent people could be found guilty of the offence and sentenced to death.

Nizam explained that when the sentence was first introduced in the country, it was to ensure that the law kept pace with changes in society.

"It was to show that Malaysia was serious about acting on drug offences by imposing the death penalty, given the harm caused by these drug traffickers and the number of lives they destroyed.

"Justice can be tempered with mercy and, where appropriate, offenders should be given a 2nd chance."

Source: New Straits Times, October 21, 2012

Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones.