In June last year, Malaysia announced its intention to abolish the mandatory death penalty for non-violent offences and give the courts discretion in sentencing. theSun theSundaily crime court law humanrights Malaysia
: In June last year, Malaysia announced its intention to abolish the mandatory death penalty for non-violent offences and give the courts discretion in sentencing but the road to achieving this is long and winding albeit with an end in sight.
Previously, the government had agreed to amend the related Acts to pave the way for the abolishment of the mandatory death sentence. At the first reading in the Dewan Rakyat in October last year, the amendments were presented via the following seven government Bills: the Penal Code Bill 2022, the Criminal Procedure Code Bill 2022, the Criminal Justice Bill 2022, the Kidnapping Bill 2022, the Firearms Bill 2022, the Arms Bill 2022 and the Dangerous Drugs Bill 2022.
A 2018 study by The Centre – a Kuala Lumpur-based centrist think tank – and a 2021 study by Associate Prof Dr Saralah Devi Mariamdaran Chethiyar and her team from Universiti Utara Malaysia found most people who support capital punishment considered it as a deterrent. Many also cited retribution for their support. Other factors that influence support for and against the death penalty are cost and rehabilitation.
Others thought differently, with a few thinking the moratorium on the death penalty meant Malaysia had actually abolished the death penalty. As for newly-minted engineer Ahmad Arif Abu Zaimah, 26, he was against the death penalty as it was absolute. As such, he said there should be more options in sentencing to allow for rehabilitation.
“Mandatory death penalty is an unfair punishment because you don’t take into account the personal circumstances of the individual. Take for example someone with mental health issues whose culpability may be in question. With the mandatory system, the court would not be able to take that into account,” he said.
Human rights activists are concerned that the amendments will not address them. Due to the moratorium, all have had their execution stayed but some or all may be at risk of being put to death once the amendments have passed.
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