The Malaysian government’s decision to eliminate the death penalty is a step toward a more humane and equitable criminal justice system.
By potentially pardoning over 1,300 death row convicts, Malaysia acknowledges that the death penalty sentence is prone to errors and that more nuanced and rehabilitative approaches to justice are needed.
Capital punishment is a highly contentious issue globally, with proponents arguing it serves as a deterrent to violent crime, while critics contend that it is inhumane, often applied unfairly, and does not effectively deter crime.
“A review of this sentence reflects the government’s commitment to always be open to renewing and improving legislation and justice in this country,” Deputy law minister Ramkarpal Singh said.
When the law goes into effect, he says, prisoners will have 90 days to request a review of their sentences but not their convictions. He emphasized that courts retain the authority to uphold the death sentence after review.
Reuters reported that the amendments passed will offer options other than the death penalty, such as imprisonment ranging from 30 to 40 years or corporal punishment like whipping. The existing laws that mandate life imprisonment will be substituted with these new provisions.
“Essentially, we have now narrowed down our death penalty to only three main groups of offenses: murder, drug trafficking, and treason,” said Dobby Chew of ADPAN. “This is a good first step forward. It brings Malaysia closer in line with international standards for those countries that retain the death penalty.”
Since 2018, the nation has had a moratorium on executions. According to the agency report, life sentences, which are defined by Malaysian law as a fixed period of 30 years, will be maintained and judges will have the discretion to impose the death penalty in exceptional cases.
The new law would provide judges with greater discretion in sentencing, allowing them to consider mitigating factors such as the offender’s age, mental state, and level of involvement in the crime. It would also allow convicts to appeal their sentences and have them reconsidered in light of the new law.
It is important to note that the bill has not yet been passed into law, and it remains to be seen how it will be implemented in practice after which the bill will next be brought to the government-controlled senate for approval, before being presented to the King and gazetted into law.
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The fact that the Malaysian government is considering such reforms is a positive sign, and it could pave the way for other countries in the region to follow suit. This move has been hailed by human rights organizations and anti-death penalty activists who have long fought against Malaysia’s mandatory death penalty.
