Associated Press
KUALA LUMPUR, Malaysia (AP) – Malaysia has agreed to abolish the mandatory death penalty and allow judges to set alternative punishments for a range of crimes, the country’s law minister said on June 10.
Wan Junadi Tuanku Jaafar said in a statement that the government will study other proposed penalties for 11 crimes that currently trigger the mandatory death penalty and more than 20 crimes for which the death penalty may be imposed at the discretion of the courts.
Amendments to the law still have to go to Parliament for approval before they can come into force.
“The decision on this matter demonstrates the government’s priority to ensure that the rights of all parties are protected and guaranteed, thus reflecting the transparency of the country’s leadership in improving the dynamic criminal justice system,” the minister said.
More than 1,300 people in Malaysia are on death row, with the majority of cases involving drug trafficking. The death penalty in Malaysia provides for hanging as punishment for a range of crimes, including murder, drug trafficking, treason, kidnapping and terror.
Foreigners make up 526 of the 1,355 people on death row in the country, according to the Anti-Death Penalty Asia Network.
In 2018, Malaysia said it would abolish the death penalty for all crimes and halt all pending executions. But it backtracked in 2019, saying the death penalty would no longer be enforced for selected crimes.
ADPAN said the mandatory death penalty “deprives judges of the discretion to impose sentences on the circumstances of each criminal … (this) has resulted in absurd sentences that have led to a public outcry.”
Human rights groups welcomed the announcement but said the agreement was only a starting point.
“Before everyone starts cheering, we need to see Malaysia pass actual legislative amendments for this commitment to take effect, because we have been down this road before and successive Malaysian governments have promised a lot on human rights, but what is ultimately achieved Very few,” said Phil Robertson, deputy Asia director at Human Rights Watch.
Katrina Jorene Maliamauv, executive director of Amnesty International Malaysia, said the move was a step in the right direction, but urged the country to go further and work towards a complete abolition of the death penalty.
“The government should immediately submit the necessary amendments to parliament and conduct a comprehensive review of all cases involving the mandatory death penalty with a view to commuting sentences,” Maliamav said.
