The death penalty is currently retained for 33 offences in Malaysia, including 12 for which it is the mandatory punishment, and in recent years has been used mostly for murder and drug trafficking. It is found that most cases where the death sentence is imposed in Malaysia are for drug trafficking offences. Registered company (No. Malaysia is amongst the 15 countries in the world where the death penalty is carried out for drug-related offences in 2018. 1 Malaysia’s criminal law provides for death by hanging in … 05579286).Design by MintTwist, The Death Penalty Project Charitable Trust, For none of four scenario drug trafficking cases did more than 30% choose the death penalty, even when one case involved smuggling 25 kg of heroin. However, Nazri Aziz stated that abolition of the death penalty could not be done without support from the public. Malaysia is set to abolish the death penalty, joining 106 other countries that have already done so.But would this mean more crime? The findings suggest that there would be little public opposition to abolition of the mandatory death penalty, in particular for drug trafficking, murder and firearms offences. The death penalty has been a part of the Malaysian legal framework since its independence in 1957. Many of the persons on death row, however, have claimed they were coerced or … The death penalty is currently retained as the punishment for 33 offences in Malaysia and is mandatory for 12 of these. There is a growing political and public debate. Joint stakeholder report – 31st session of the UPR Death penalty in Malaysia March 2018 2 punishment should only be used for the “most serious crimes”.7 This threshold was specified to mean crimes that were limited to those “with lethal or other extremely grave consequences”8, and was endorsed by the UN General Assembly.9 This threshold is not being met by Malaysia. The 2010 Save Vui Kong campaign saw more than 109,346 signatures collected over a span of more than a month. Contrary to what we hoped for, the bill failed to provide the judiciary with full discretion to impose sentences and to take into account mitigating factors of the defendant. No information is made publicly available on individual death penalty cases in Malaysia, while families are often informed at the last minute that their loved ones will be executed. Iranian Hamidreza Farahmand Hassan and Ranjit Singh Jit Singh, a Malaysian, filed review applications in 2018, seeking to stay the mandatory death penalty imposed on them by the High Court pending amendment to the Dangerous Drugs Act 1952 to include provisions to allow the courts to use discretion to impose a sentence other than death. UK woman avoids death penalty in Malaysia after stabbing husband to death British woman Samantha Jones arrives at Alor Setar's courthouse, Kedah state, Malaysia, Monday, Aug. 3, 2020. The death penalty has occupied a place in the Malaysian criminal justice system since the British colonial administration, when the mandatory death penalty was originally enforced for murder. Google Scholar In Malaysia, there are several offences which are punished with death penalty. In October 2012, the DPP commissioned Professor Roger Hood, Professor Emeritus of Criminology at the University of Oxford, to design and analyse the findings of a public opinion survey on the mandatory death penalty in Malaysia. The death penalty has occupied a place in the Malaysian criminal justice system since the British colonial administration, when the mandatory death penalty was originally enforced for murder. Between 1980 to 1996, there were an average of 15-16 executions per year. Malaysia’s drug laws were considered one of the harshest in the world, with a “no-mercy” policy applied towards drug convicts applying for clemency until the early 1990s. Under Prime Minister Mahathir, the use of the death penalty (both sentencing and executions) was expanded, with the administration viewing drug crime as one of the country’s most important security concerns. Malaysia says no ‘U-turn’ in death penalty abolition Some 32 offences currently carry the death penalty, but government says punishment is no deterrent to … This punishment was made mandatory in 1983. The report was launched at the Bar Council of Malaysia, at an event, attended by over 100 guests including the Chief Justice of Malaya, senior members of the judiciary, lawyers, members of the diplomatic community, academics and NGOs. The Death Penalty in Malaysia: Public Opinion on the Mandatory Death Penalty for Drug Trafficking, Murder and Firearms Offences. This study reports the findings of a major public opinion survey of the views of a representative sample of 1,535 Malaysian citizens on this issue. Concerning the mandatory death penalty, a majority of 56% said they were in favour of it for murder, but only between 25% and 44% for drug trafficking and 45% for firearms offences. Malaysia’s Dangerous Drugs Act of 1952 makes the death penalty mandatory for drug trafficking. These signatures, together with a formal clemency petition, were submitted to the Istana on 24 August, 2010. Should the mandatory death penalty be abolished and replaced by a discretionary system where capital punishment is used only in exceptional circumstances, or abolished altogether? On 10 October 2016, the 14th World Day against the Death Penalty, Malaysians Against Death Penalty And Torture (Madpet) called on Malaysia to expedite the abolition of the death penalty and to impose a moratorium on all executions against the death penalty. He was charged under Malaysia’s unforgiving 1952 Dangerous Drug Act for possession 3.01 liters (about 100 fluid ounces) of cannabis oil and 279 grams (about 10 … In 2013, the Death Penalty Project’s report exploring the Malaysian public’s views on the death penalty revealed that they were not as anti-abolitionist as initially believed. Indeed, Malaysian authorities hanged more than 120 prisoners convicted of capital drug offences from 1983 to 1992. We hope that this evidence will urge the Malaysian Government to consider legislative reform – in line with both public sentiment and international human rights standards.”. 10 October 2019: On the 17th World Day against the Death Penalty, PGA, Hon. Malaysia has a mandatory death sentence for anyone found guilty of carrying more than 50 grams of a prohibited drug (A guard stands outside Kajang prison) Australian grandmother sentenced to … Only 8% chose death for all the scenario cases they judged, Regarding 6 murder scenarios, a majority chose death for only 3 of the cases, the highest proportion being 65% for a recidivist robber, Of the 56% who said they favoured the mandatory death penalty for murder whatever the circumstances, only 14% of them actually chose the death penalty for all the scenario cases they judged. In recent years, the death penalty has been imposed for murder and drug-trafficking and fewer firearms-related offences. This amendment also did not have retrospective effect. JULY 17 — MADPET(Malaysians Against Death Penalty and Torture), in light of the recent conviction for murder and the sentencing to death of six persons in the Kevin Morais case on 10 July 2020, reiterates the call for the immediate abolition of the mandatory death penalty, which deprives the trial judge the discretion to sentence persons convicted of murder justly. Malaysia – on track towards abolition. From 2010, a stronger abolitionist movement in civil society emerged, eliciting positive responses from Ministers and politicians. A key to this has been the introduction of an official moratorium on all executions, and the introduction of a discretionary death penalty for drug-trafficking offences in … The death penalty is currently applicable to 33 offences in Malaysia, including 12 for which it is the mandatory punishment. Senior government officials recently said Malaysia was considering abolishing the mandatory death penalty, which is currently the punishment for crimes including murder and drug-related offences. From 1998 onwards, only 33 executions have been recorded. Saul Lehrfreund and Parvais Jabbar, Co-Executive Directors of The Death Penalty Project, said: “This study, for the first time, provides unique data from a large scale and detailed analysis of the views of the general public on the mandatory death penalty in Malaysia. Notwithstanding the global trend towards restriction and final abolition of capital punishment, the mandatory, automatic, imposition of the death penalty for drug trafficking, murder, certain firearms offences and treason, remains the law in Malaysia. There is a growing political and public debate. However, in Malaysia, waging war against Yang di-Pertuan … Over the past few years, several prominent figures in Malaysia had expressed doubt over the effectiveness of the mandatory death penalty in deterring drug trafficking and - unrelated to this article - murder. 6. Centre for Criminology, University of Oxford & The Bar Council of Malaysia. This major survey of the views of a representative … The death penalty can be handed down for 33 offences in Malaysia and it is mandatory for 12 of these of which drug trafficking offences are the most common and the most controversial. By using a series of scenarios it shows the extent to which members of the public support the mandatory death penalty when faced with the reality of having to judge whether the crime merits the death penalty. The term death penalty is also known as capital punishment. The Malaysian government’s shifting policies on drugs and security offences are likely to have the greatest effect, although a latent recognition that executions were not effective in deterring crime may also have influenced this pattern. A British woman who faced the death penalty in Malaysia after stabbing her husband to death is set to be freed within weeks, it has been reported. While executions have decreased, total death sentences have not declined, resulting in a hefty death row population, which has risen from 245 prisoners in 1996 to 1,281 in 2019. Malaysia is one of only 58 countries remaining in the world that retain the death penalty for ordinary crimes. In 2017, the government amended section 39B of the DDA to give the court to impose either the death penalty or life imprisonment, subject to certain conditions by the public prosecutor (limited discretion). A new case will spotlight Malaysia’s approach to the death penalty at home as well as its ties with Australia and Western countries more generally. They are in the Penal Code, the Dangerous Drugs Act 1952 [Act 234], the Firearms (Increased Penalties) Act 1971 [Act 37] and the Kidnapping Act 1961 [Act 365]. The Death Penalty Project, London. The survey of a representative sample of 1,535 Malaysian citizens from all over the country, was carried out by Ipsos Malaysia, a leading market research company. By the mid-1990s, there was a concerted push to lower execution rates. Public support for the death penalty for murder is also lower than is perhaps assumed, so may not be regarded as a definite barrier to complete abolition. Amnesty International Malaysia considers it deeply troubling, as the judges can rely on presumptions of drug possession and trafficking which, when invoked, shift the burden of proof from the prosecution to the defendant. Muhammad Lukman was convicted and sentenced to death by a court in the city of Shah Alam on Aug. 30. Deterrence was mentioned by no more than 15%, When interviewees were asked whether they would support the death penalty if it were proven that innocent persons had been executed, the proportion in favour for murder fell to 33%, for drug trafficking to 26%, and to 23% for firearms offences, ‘Greater number of executions’ was ranked as the least-effective policy for reducing very violent crimes leading to death and for reducing the amount of trafficking in illegal drugs, These findings suggest that there would be little public opposition to abolition of the mandatory death penalty for drug trafficking, murder, and firearms offences. Then Law Minister Nazri Aziz stated, “if it is wrong to take someone’s life, then the government should not do it either.” In its 2010 annual report, SUHAKAM stated that it supported full abolition. In recent years, Malaysia has made significant progress in moving towards the abolition of the death penalty. Although the Dangerous Drugs Act was introduced by the British colonial government in 1952 to combat the threat of drug-related substances, the DDA did not carry the death penalty until 1975, when the government’s campaign against drugs began, and capital punishment was introduced as a discretionary penalty for drug traffickers. They are drug trafficking, murder, offences against the King, five offences pertaining to terrorism, hostage taking, organised crime, firearms offences and rape. As of February 2019, 1,281 people were reported to be on death row in Malaysia, including 568 (44%) foreign nationals. The research was designed to elicit views on the mandatory death penalty for drug trafficking, murder and offences under the Firearms Act. In 1992, there were at least 39 executions, representing the highest minimum total that Amnesty International has ever recorded in one year in Malaysia. In Malaysia, death penalty is a mandatory punishment for murder, drug trafficking, treason, and waging war against the YDPA. This report, launched in association with the Bar Council Malaysia, presents the findings of a public opinion survey on the mandatory death penalty carried out in Malaysia. In Malaysia, the death penalty is the mandatory and, thus, the only punishment available to the courts for persons convicted of murder; for trafficking in narcotics in various amounts; and for discharging a firearm during the commission of various crimes, even if no-one is hurt. Professor Emeritus Roger Hood’s report on The Death Penalty in Malaysia: Public Opinion on the mandatory death penalty for drug trafficking, murder and firearms offences, commissioned and published in July 2013 by The Death Penalty Project in London, has been discussed recently in the Malaysian Parliament and in the Malaysian press. Capital punishment has recently been extended to acts of terrorism, rapists that cause death, child rapists and kidnapping. In Malaysia, the death penalty is the mandatory and, thus, the only punishment available to the courts for persons convicted of murder; for trafficking in narcotics in various amounts; and for discharging a firearm during the commission of various crimes, even if no-one is hurt. 1115035). When asked to say what sentences they would themselves impose on a series of ‘scenario’ cases, all of which were subject to a mandatory death sentence, a large gap was found between the level of support ‘in theory’ and the level of support when faced with the ‘reality’: Help protect those facing the death penalty, © 2018 The Death Penalty Project.Registered charity (No. The announcement comes only days after Wan Azizah Wan Ismail, By 2011, the Malaysian government had set up the International Centre for Law and Legal Studies (I-CeLLs) to address the use of capital punishment in Malaysia. The mandatory death penalty might be abolished. The death penalty can be handed down for 33 offences in Malaysia and it is mandatory for 12, of which drug trafficking offences are the most common and the most controversial. 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