Malaysia urged to extend moratorium on executions until full abolition of death penalty

PETALING JAYA: Amnesty International Malaysia has commended Malaysia for the abolition of the mandatory death penalty and for imposing a moratorium on the execution of the death sentence, which has led to an overall decrease in the use of the death penalty by the courts.

However, the rights group urged the government to extend the moratorium on executions until the death penalty is fully abolished.

The NGO noted that while there had been a moratorium on the execution of death row inmates since 2018, it could be lifted at any time.

“Amnesty International opposes the death penalty unconditionally, for all cases and under any circumstances, as it is a violation of the right to life and is ultimately a cruel, inhuman and degrading punishment,” its executive director Katrina Jorene Maliamauv said during the launch of its annual report.

“The moratorium must be extended until the death penalty is fully abolished and all death sentences commuted.”

The Abolition of Mandatory Death Penalty Act 2023 came into effect on July 4, 2023, after it was passed by Parliament earlier that year, where several laws were amended to remove the mandatory death penalty.

Instead of the mandatory death penalty, as provided in several laws, the act stipulates a jail sentence of a minimum of 30 years and not exceeding 40 years, with a minimum of 12 strokes of the cane where applicable.

Additionally, the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023, which came into force on Sept 12, 2023, has allowed a total of 1,020 prisoners who were sentenced to mandatory death or life imprisonment to file applications in court for a review of their sentences.

Despite these legislative changes, Amnesty International found that when reviewing judicial decisions involving 139 individuals from July 4, 2023 to Jan 4, 2024, there were 26 cases (27%) that resulted in the death penalty. It found that 18 of these cases (69%) were related to murder while the remaining eight cases (31%) involved drug offences.

Maliamauv said Malaysia was among the minority of countries that imposed the death penalty for drug-related offences.

Noting the opposition to the full abolishment of the death penalty, especially among family members of murder victims, she voiced hope that this could be resolved through open public discussions about justice and alternatives to the death penalty.

“While it’s commendable that the country has moved towards abolishing the mandatory death penalty… it should not sit in the comfort of the praise,” she said, adding that efforts to uphold human rights must continue beyond this point.

Source: dailyexpress.com.my, Staff, April 24, 2024

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