by Joseph Masilamany

In its latest annual report, Amnesty International calls for full abolition of the death penalty. With the 2018 moratorium Malaysia has made progress, but that's not enough. Between July 2023 and January 2024, the death penalty was pronounced 26 times. For lawyer Michael Kong, “open public discussions about justice” are needed.

Kuala Lumpur (AsiaNews) – Amnesty International (AI) Malaysia, in its latest annual report on the state of human rights in the country released two days ago, calls once more for the full abolition of the death penalty.

While acknowledging some positive developments in 2023, a consequence of the moratorium on executions in force since 2018 and legislation approved in April 2023 removing mandatory death sentence for 12 offences, including drug trafficking, for AI, this is still not enough.

The human rights organisation wants the government to ensure that all resentencing efforts uphold the right to a fair trial with adequate time and resources given to the person charged. 

Although the last execution by hanging dates back to 2017, AI steadfastly stands by its position, noting that the moratorium could be lifted at any time.

“Amnesty International opposes the death penalty unconditionally, for all cases and under any circumstances, as it is a violation of the right to life and is ultimately a cruel, inhuman, and degrading punishment,” said Katrina Jorene Maliamauv, AI executive director, during the launch of the annual report.

For this reason, AI calls for the moratorium to be extended until the death penalty is completely abolished and all death sentences commuted.

Some laws have been adopted to remove mandatory death penalty, most notably the Abolition of Mandatory Death Penalty Act 2023, and the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023, which came into effect on 4 July 2023 and 12 September 2023 respectively.

This has “allowed a total of 1,020 prisoners who were sentenced to mandatory death or life imprisonment to file applications in court for a review of their sentences,” the report reads.

Despite these legislative changes, AI, after reviewing court decisions involving 139 people from 4 July 2023 to 4 January 2024, found that 26 cases (27 per cent) resulted in the death penalty.

The AI report ALSO found that 18 of these (69 per cent) were related to murder, while the remaining eight (31 per cent) involved drug offences.

“While it's commendable that the country has moved towards abolishing the mandatory death penalty, it should not sit in the comfort of the praise," Maliamauv said.

For her, efforts to uphold human rights must continue beyond this point, especially considering the opposition to the complete abolition of the death penalty, above all by the families of murder victims.

Maliamauv places hope in open public discussions on justice and alternatives to the death penalty. Two lawyers who are also elected officials agree with AI’s stance.

"I am aware of the pros and cons of abolishing the death penalty, but one reason that appears very strong in favour of abolishing it, to me, is the fact that the death penalty is irreversible and irreparable, unlike imprisonment,” said Baru Bian, a Sarawak state assemblyman and lawyer, speaking to AsiaNews.

“But if a 'life imprisonment' is substituted for the death penalty, then it must be a sentence for the rest of the convicted person's natural life,” he added.

Michael Kong, from the opposition Democratic Action Party, also praised the steps Malaysia is taking towards a full abolition of the death sentence, but stressed the importance of extending the moratorium.

“With certain offences still carrying the death penalty, it is essential to ensure that no irreversible actions are taken while a concrete and final decision on this matter is pending,” he said.

Like Maliamauv, Kong also highlights the importance of a public debate. “The focus should remain on upholding human rights and exploring alternatives to the death penalty through open public discussions about justice,” he noted.

• malaysia
• death penalty
• abolition
• amnesty international
• report
• moratorium