M'sia Govt Agrees To Abolish Death Penalty & Substitute It With Alternative Punishments
Capital punishment will be substituted with other sentences at the discretion of the judges.
By Yap Wan Xiang — 10 Jun 2022, 04:38 PM
The government announced that it has agreed to abolish the mandatory death penalty today, 10 June
The announcement was made by Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar in a statement today, reported New Straits Times.
The courts will have the discretion in meting out other types of punishments in place of capital punishment.
He said the decision was reached after he presented a report on substitute sentences for the mandatory death penalty at the Cabinet meeting on Wednesday, 8 June.
Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar.
Image via Bernama via Free Malaysia TodayIn his statement, Wan Junaidi said the Cabinet has also agreed for a further study to be carried out on the proposal to substitute sentences for 11 offences carrying the mandatory death penalty
Of the 11, one is under Section 39B of the Dangerous Drugs Act 1952, which deals with the trafficking of dangerous drugs.
It also includes murder, kidnapping, and possession of firearms, among other crimes.
22 other offences also carry the death penalty, but the courts have the discretion to mete out the sentence, said the minister.
"Further studies will be carried out with the cooperation of the Attorney General's Chambers, the Legal Affairs Division of the Prime Minister's Department, as well as other ministries or departments," he added.
"Such an action is very significant to ensure amendments to the related legislations take into consideration proportionality and the constitutionality of such principles."
Wan Junaidi said the government has also accepted in principle the recommendations of the special committee to review alternative sentences to the mandatory death penalty
The committee is chaired by former chief justice Richard Malanjum, who is joined by law and criminology experts.
"The government also expresses its appreciation for the commitment given by the committee in producing this report, which will be the basis for more systematic and effective change in the country's criminal justice system," he said.
According to Free Malaysia Today, Malaysia voted in favour of two United Nations General Assembly resolutions calling on states to establish a moratorium on executions in 2020.
It is reported that 1,359 people in total are on death row as of November last year.
Malaysia had a moratorium on the death sentence in July 2018 but the then Cabinet was criticised for backpaddling the following year for introducing amendments to the Dangerous Drugs Act 1952 that give judges discretion whether to mete out the death sentence. The amendments were not complete abolishment of capital punishment.
The Anti-Death Penalty Asia Network (ADPAN) — a non-governmental organisation (NGO) — said in April that many drug traffickers were still being sentenced to death in Malaysia, reported Free Malaysia Today.
