Malaysia | No Plans To Drop Death Penalty From Dangerous Drugs Act: MOH

The Ministry of Health currently has no plans to abolish the death penalty in the Dangerous Drugs Act 1952, following amendments in 2017 and 2023 that removed its mandatory status for drug offences.

KUALA LUMPUR, Oct 30 — The Ministry of Health (MOH) currently has no plans to completely remove the death penalty from the Dangerous Drugs Act 1952 (Act 234) for drug-related offences.

Health Minister Dzulkefly Ahmad said that while the MOH oversees the Dangerous Drugs Act 1952, its implementation and enforcement are carried out by other agencies, including the Royal Malaysia Police under the Ministry of Home Affairs.

“At present, the MOH does not plan to make any amendments to the Dangerous Drugs Act 1952 regarding the abolition of the death penalty for drug-related offences.

“However, MOH is open to any proposed amendments, which will be brought to the Cabinet for a decision,” Dzulkefly said in a written Dewan Rakyat response on October 24 to Bukit Bendera MP Syerleena Abdul Rashid and Bandar Kuching MP Dr Kelvin Yii Lee Wuen.

Both MPs had asked if the government intends to amend the Dangerous Drugs Act to align with international human rights laws and standards, including abolishing the death penalty for drug-related offences and the statutory presumption of guilt.

Dzulkefly noted that the Dangerous Drugs Act was amended twice in recent years – in 2017 and again in 2023 – removing the mandatory death penalty for drug-related offences.

The mandatory death penalty for drug trafficking under subsection 39B(2) of the Dangerous Drugs Act 1952 was first revised in 2017 to allow for either a death sentence or life imprisonment, with a minimum number of caning strokes for those not sentenced to death.

In 2023, further amendments reduced the minimum caning requirement and removed certain subsections, allowing the revised penalties to apply retroactively to relevant cases.

Source: codeblue.galencentre.org, Staff, October 30, 2024

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