When the Malaysian Cabinet announced plans this week to amend legislation to eliminate the mandatory death penalty for some drug offenses, many cheered. But history shows that the cheering may be premature. Malaysian authorities have been talking about removing the mandatory death penalty since at least 2015, but so far haven’t done so. It is time for the government to stop talking and act.
The proposed change would simply amend section 39B of the Dangerous Drugs Act to allow judges to exercise discretion in sentencing in some cases. This amendment is still far short of the change needed, but it certainly would be a step in the right direction, and provide a significant contrast to the worsening, rights-violating responses to drugs elsewhere in Southeast Asia, namely the
Philippines and
Indonesia.
The Malaysian government should stop playing games, and firmly commit now to introduce legislation in the next sitting of Parliament to eliminate the mandatory death penalty for all drug offenses – not just some drug offenses. And while it is making changes to its policies on the death penalty, the government should also impose a moratorium on executions, and move swiftly to full abolition of the death penalty. Talk is cheap. It is time for action.
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