Skip to main content

Abolish the death penalty: It’s the only way to empty Malaysia’s death row

On the World Day Against the Death Penalty (10 October), Malaysians Against Death Penalty and Torture (Madpet) calls on Malaysia to take the next step towards the abolition of the death penalty.

This step involves abolishing the death sentence for all crimes that do not directly cause death or grievous bodily injury to the victims of the criminals.

This year, the World Day theme is “dedicated to challenging the misconception that the death penalty can make people and communities safer”. Madpet asserts: It cannot.

If the death penalty remains in the statutes, the courts will still continue to sentence people to death – even though judges now have a choice of alternative sentences, after the mandatory death penalty was repealed.

Previously, when the death penalty was mandatory, the courts had no choice but to sentence everyone to death for offences that provided only for the mandatory death sentence.

First step – Abolition of mandatory death penalty history


Malaysia took the first step by abolishing the mandatory death penalty and imprisonment for life, through the abolition of Mandatory Death Penalty Act 2023, which came into force on 4 July 2023.

Even before the 2018 general election, the then Barisan Nasional-led government was already considering the abolition of the death penalty.

In November 2018, in Parliament, it was reported that Malaysia’s cabinet (under the Pakatan Harapan led-government) had reached a consensus that the death penalty for 33 offences should be abolished. These offences were provided for under eight acts of law, including Section 302 of the Penal Code, which pertains to murder, said Minister in the Prime Minister’s Department Liew Vui Keon.

However, in March 2019, there was a backtracking. “We have made a decision. The government will only repeal the mandatory death penalty…” said deputy minister in the Prime Minister’s Department Mohamed Hanipa Maidin.

In October 2022, under Prime Minister Ismail Sabri, the first concrete step was taken. Seven separate bills were tabled in Parliament to pave the way for the abolition of the mandatory death sentence in Malaysia. Among the laws to be amended were the Dangerous Drugs Act, Kidnapping Act, Arms Act, Penal Code and Firearms (Increased Penalties) Act. (Star, 6/10/2022).

However, it did not see the debate or passing of bills as Parliament was dissolved to make way for the November 2022 general election.

When the new Pakatan Harapan-led coalition government under Prime Minister Anwar Ibrahim came into power, two bills were tabled.

Besides, the Abolition of Mandatory Death Penalty Act (which came into force on 4 July 2023), the other act was the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (which came into force on 12 September 2023).

This second act now allowed all on death row or sentenced to life imprisonment to apply to the court for a reconsideration of their sentences. Sadly, the Federal Court has still maintained the death penalty for some cases.

Death penalty still being imposed or maintained


Despite the abolition of the mandatory death penalty, the death penalty remained but courts now had the discretion of using the alternative sentence of 30-40 years’ imprisonment, along with no fewer than 12 strokes of the cane (whipping).

Madpet has called for the abolition of whipping (caning), which is a corporal punishment, that recently has caused death to one person.

Death sentences sadly continue to be imposed by the court, despite judges having the choice of alternative sentences. Three people convicted for the murder of cosmetics millionaire Sosilawati Lawiya and her three aides in 2010 failed in their application to review their death sentence. The three-member Federal Court unanimously upheld their death sentence.

In other courts, after hearings or appeals, the courts continue to sentence people to death.

On 27 July 2027, the Court of Appeal, in the case where six former students of the National Defence University (UPNM) killed naval cadet officer Zulfarhan Osman Zulkarnain seven years ago, changed the charge to murder and sentenced all to death.

Justice Hadhariah, in a unanimous decision, said the High Court judge erred in amending the original charge from Section 302 of the Penal Code, which is murder, to Section 304 (a) of the Penal Code. “Therefore, we unanimously decide that a single sentence is appropriate for all six defendants, and they shall be taken to a place of execution where they will be sentenced to death by hanging…Therefore, the court overturns the 18-year prison sentence imposed by the High Court on the six defendants and replaces it with the death sentence.”

Madpet states that this reality will not change until the death penalty itself is abolished in law.

Pardon powers rarely used


The king and the state rulers do have pardon powers that can commute death sentences. In May 2015, the sultan of Perak, Sultan Nazrin Shah, commuted the death sentences of two people to life imprisonment.

In February 2017, Selangor Sultan Sharafuddin Idris Shah granted a pardon to Shahrul Izani Suparman, commuting his death sentence to life imprisonment.

Sadly, the use of pardon to commute death sentence is rare in Malaysia. The previous king of Thailand was famous for pardoning death row inmates in great numbers.

Abolish death penalty now


One cannot blame the courts for the sentencing of people to death.

The blame lies with the people of Malaysia and their representatives in Parliament, who are the only ones who can abolish the death penalty in law.

When Malaysia kills a person by hanging to death, all in Malaysia inevitably become murderers, and that is something nobody wants.

Notice must be taken that there was no public outcry when the death sentences of murderers were commuted to imprisonment and whipping by the Federal Court in the revision of death sentence application. That must be taken as a sign that people in Malaysia are ready for the abolition of the death penalty.

Therefore,

Madpet calls on Prime Minister Anwar Ibrahim and the current government of Malaysia to immediately abolish the death penalty. At the very least least, consider abolishing the death sentence for all crimes where the perpetrator does not kill or cause grievous bodily harm to the victim.

Madpet notes that the UN General Assembly Resolution calling for a moratorium on execution pending abolition of death penalty will soon be voted upon at the end of 2024. Madpet urges Malaysia to vote in favour again, as it did in 2018, 2020 and 2022.

Madpet reiterates its call for the abolition of whipping and corporal punishment; and

Madpet reiterates its call for the abolition of the death penalty.

Source: aliran.com, Charles Hector, October 14, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

Taylor Parker becomes 7th woman on death row in Texas

Taylor Parker is set to become the 7th woman on death row in Texas, following her sentencing Wednesday in Bowie County for the capital murder of Reagan Hancock and the kidnapping her unborn baby, Braxlynn Sage. The baby did not survive. The last woman to be handed a death sentence in the state was Kimberly Cargill in June 2012 for the slaying of her developmentally disabled babysitter in Smith County, who was set to testify against her in a custody battle. None of the women currently on death row in Texas are scheduled for execution. According to the Texas Department of Criminal Justice, 6 women have been executed in Texas since the Supreme Court reinstated the death penalty in 1976, more than any other state, according to Death Penalty Information Center. The last woman to be executed in the U.S. was Lisa Montgomery in January 2021. It was the first execution of a female inmate carried out by the federal government since 1953, and her case is chillingly reminiscent of Parker’s. She wa...

Who Should Bear the Burden of Preventing Pain in US Executions?

A physician uses a cartoon lawsuit to question the burdens US execution law places on condemned prisoners. As a physician, I have spent a career on the far side of a fact pattern I did not choose. This is the moment when something prescribed or administered goes wrong inside a body that trusted it not to. I have seen that more than once. It would be more comfortable to cast myself as the one who gets hurt. It is more honest to say I am the supplier. The drug, the dose, the device, and the airway all enter the body through me. In the cartoon, I am not the coyote. I am Acme.

Texas House chairman wants child rapists eligible for death penalty

AUSTIN (Nexstar) — Under current Supreme Court precedent, states cannot execute someone for raping a child if the victim survives. That’s not stopping State Rep. Jeff Leach, R-McKinney. “We’re going to have a debate in this building behind me about the death penalty being on the table for any Texan who rapes a child,” Leach, the chair of the Texas House Committee on Judiciary & Civil Jurisprudence, said. Leach made the comments while hosting a news conference supporting his client, abuse survivor Cindy Clemishire.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Alabama executes Jeffery Lee

MONTGOMERY, Ala. (WBMA) — Alabama has executed Jeffery Lee, nearly three decades after he was convicted in the 1998 killings of two people during a pawnshop robbery in rural Dallas County. Lee, 49, was put to death by lethal injection Thursday evening at William C. Holman Correctional Facility in Atmore. His execution came three months after a federal judge blocked Alabama's plans to execute him using nitrogen gas. He was pronounced dead at 6:22 p.m. Central Time, according to the office of Governor Kay Ivey. 

Florida | DeSantis sets execution of man who killed Indian River deputy, temporarily pauses another execution

William Reaves is scheduled to be executed by lethal injection at Florida State Prison on Oct. 20th. It's the 18th death warrant Gov. DeSantis has signed this year. Reaves shot Deputy Sheriff Richard Raczkowski in September 23, 1986. Gov. Ron DeSantis signed his 18th death warrant of the year Friday. William Reaves, convicted of the 1986 killing of an Indian River County Sheriff's deputy, is set to be executed by lethal injection at Florida State Prison in Starke on Oct. 20.

Tennessee | Christa Pike Requests Clemency Ahead of September 30 Execution Date; Experts’ Amicus Brief Points to ​‘Substantial Risk’ of Re-traumatization

Lawyers for Christa Pike, the only woman on Tennessee’s death row, filed a 226-page clemen­cy peti­tion with Governor Bill Lee, ask­ing him to com­mute her death sen­tence to life in prison with­out the pos­si­bil­i­ty of parole ahead of her September 30 exe­cu­tion date. Ms. Pike’s clemen­cy peti­tion out­lines the case her team has built over decades of appeals: her actions at 18 years old can­not be sep­a­rat­ed from a child­hood marked by repeat­ed rape, sex­u­al abuse, and neglect that went unad­dressed by the adults and state sys­tems meant to pro­tect her. Once incar­cer­at­ed, Ms. Pike was diag­nosed with bipo­lar dis­or­der and post-trau­mat­ic stress disorder.

Alabama | Lethal injection for double murderer set for Thursday after court blocked nitrogen hypoxia execution in June

Alabama plans to execute Jeffery Lee on Thursday via lethal injection after a down-to-the-wire decision by the federal courts halted his death by nitrogen hypoxia in June. In response, Gov. Kay Ivey set the 30-hour window for the execution to be carried out by lethal injection beginning at 12 a.m. on Thursday, September 17, and expiring at 6 a.m. on Friday, September 18. Barring any further court action, the execution will take place at Holman Correctional Facility in Atmore.

Florida to execute William Thompson after nearly 48 years on death row

On Sept. 11, Gov. Ron DeSantis issued a death warrant for William Thompson, convicted of the 1976 kidnapping, rape, and murder of 23-year-old Sally Ivester. Thompson, now 74, and another man were staying in a Miami Beach hotel room with Ivester and another woman, according to court records. After Ivester was unable to get money from her mother, the men beat and tortured her, prosecutors said. She died from internal bleeding and multiple injuries. Thompson was convicted in 1978 of kidnapping, rape, and first-degree murder.