Malaysia – on track towards abolition. 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. This punishment was made mandatory in 1983. The death penalty is currently applicable to 33 offences in Malaysia, including 12 for which it is the mandatory punishment. They are drug trafficking, murder, offences against the King, five offences pertaining to terrorism, hostage taking, organised crime, firearms offences and rape. 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. 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. The 2010 Save Vui Kong campaign saw more than 109,346 signatures collected over a span of more than a month. A large majority said they were in favour of the death penalty, whether mandatory or discretionary: 91% for murder, 74 to 80% for drug trafficking depending on the drug concerned, and 83% for firearms offences. 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. 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. From 2010, a stronger abolitionist movement in civil society emerged, eliciting positive responses from Ministers and politicians. 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. 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]. In 1992, there were at least 39 executions, representing the highest minimum total that Amnesty International has ever recorded in one year in Malaysia. However, in Malaysia, waging war against Yang di-Pertuan … Malaysia is set to abolish the death penalty, joining 106 other countries that have already done so.But would this mean more crime? 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. 1115035). This was only 8% of the total number of respondents, When judging two scenarios where a firearm had been discharged during a burglary, only 20% chose death in the most serious case where the person fired at had been wounded, Only 1.2 persons in 100 thought that the death penalty was the appropriate punishment for all 12 scenario cases of murder, drug trafficking and firearms offences that were judged- showing decisively that the vast majority favoured a discretionary use of the death penalty, The main reason why people chose the death penalty was retribution and when against it they said it would be a disproportionate punishment. However, Nazri Aziz stated that abolition of the death penalty could not be done without support from the public. 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. In recent years, it has mostly been used for murder and drug trafficking convictions. 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. This major survey of the views of a representative … It is found that most cases where the death sentence is imposed in Malaysia are for drug trafficking offences. 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? 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. Malaysia’s Dangerous Drugs Act of 1952 makes the death penalty mandatory for drug trafficking. 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. 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. Malaysia’s move to abolish the mandatory death penalty is a valiant display of courage to uphold restorative justice and to return discretionary judiciary powers back to the courts as a breakthrough to fight crime and punish criminals instead of ending lives 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. 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. Amnesty International Malaysia welcomes the 2 July announcement by Datuk Seri Nadzri Siron, deputy secretary-general of the Ministry of Home Affairs, that the government of Malaysia has put the implementation of the death sentences of 17 prisoners on hold, pending the review of the country’s death penalty laws. 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). 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. In Malaysia, death penalty is a mandatory punishment for murder, drug trafficking, treason, and waging war against the YDPA. Centre for Criminology, University of Oxford & The Bar Council of Malaysia. 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 … 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. 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 … Malaysia is amongst the 15 countries in the world where the death penalty is carried out for drug-related offences in 2018. There is a growing political and public debate. As noted by scholar Daniel Pascoe, “with neither acquittals on appeal nor clemency being granted as often as is needed to reduce the size of death row, the present pattern for most condemned prisoners is indefinite delay.”. stand that the Government of Malaysia should take on the death penalty in Malaysia. September 17, 2020 The mandatory death penalty might be abolished. 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. In recent years, Malaysia has made significant progress in moving towards the abolition of the death penalty. The death penalty has been a part of the Malaysian legal framework since its independence in 1957. The research was designed to elicit views on the mandatory death penalty for drug trafficking, murder and offences under the Firearms Act. Muhammad Lukman was convicted and sentenced to death by a court in the city of Shah Alam on Aug. 30. 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. By the mid-1990s, there was a concerted push to lower execution rates. This amendment also did not have retrospective effect. 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. There is a growing political and public debate. 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. 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 … As of February 2019, 1,281 people were reported to be on death row in Malaysia, including 568 (44%) foreign nationals. 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. 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. 10 October 2019: On the 17th World Day against the Death Penalty, PGA, Hon. 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. Google Scholar 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. Between 1980 to 1996, there were an average of 15-16 executions per year. Between 1997 to 2016, there was an average of 2 recorded executions a year, with no recorded executions in 1998, 1999, 2003-5, and 2012. 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. 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. 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