“Capital punishment ends lives, destroys families, and operates in discriminatory and … 39B, 1952, revised 1980. Recently[when? [9] Baradan Kuppusamy, Hundreds of Migrants Face Execution for Drug Crimes, Inter Press Service, http://ipsnews.net/news.asp?idnews=38380, Jun. The suspect may also be denied appearance before the courts during that time. Malaysia is a predominantly Sunni Muslim country while Iran is predominantly Shia. [20], Terrorism-Related Offenses Not Resulting in Death.Unlawfully possessing firearms or explosives in a designated security area; and supplying, receiving, or preparing to supply or receive firearms in a designated security area, are punished by death. 1275. 20, 2019. ), Amnesty International has corroborated executions (more than one) in Malaysia, but had insufficient information to provide a credible minimum figure. [2] Other countries recommended Malaysia amend and repeal legislation that was used in arbitrary detention of people without trial and to cease arbitrary detention and apprehension. 1. [3] Constitution of Malaysia, art. [10] Borneo Post Online, Nazri: Possible moratorium on death sentences, http://www.theborneopost.com/2012/10/21/nazri-possible-moratorium-on-death-sentences/, Oct. 21, 2012. 2. A/69/488/Add.2, Dec. 8, 2014. 71, U.N. Doc. Child Act of Malaysia, art. The Malaysian Attorney General maintains a website with the status of ongoing cases, appeals, and recent decisions: http://www.agc.gov.my. The death penalty is a moral issue for some and a policy issue for others. Recently , the law was extended to include acts of terrorism. [12] Some reports indicate that Malaysia’s government may intervene to discourage effective representation in certain cases where officials deem that it is necessary to prevent the defendant "from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof,” as stipulated under Article 8 of the Internal Security Act. Malaysia responded with a statement that they would keep their options open and continue to engage the public on this subject. Joint stakeholder report – 31st session of the UPR Death penalty in Malaysia March 2018 2 punishment should only be used for the “most serious crimes”.7 This threshold was specified to mean crimes that were limited to those “with lethal or other extremely grave consequences”8, and was endorsed by the UN General Assembly.9 This threshold is not being met by Malaysia. Kulasegaran said PGA Malaysia will hold a two-day seminar on the death penalty on Oct 30 and 31, which will feature lawmakers from other countries in the region and in addition, de facto law minister Datuk Liew Vui Keong and Dewan Rakyat speaker Datuk Mohamad Ariff Md Yusof will both speak at the event. The General Assembly at the 46 th meeting of the 75 th session adopted the resolution entitled “Moratorium on the use of the death penalty” with 123 votes in favour to 38 against, with 24 abstentions.. [34] [25] U.S. Dept. [4] Status, Declarations, and Reservations, Optional Prot. [7] U.N.G.A., Human Rights Council, Question of the Death Penalty. And what kind of crimes warrant the death sentence, if it is kept? This execution was conducted in secret, and their families were only given two days notice before the men were hanged. Death penalty costs the government less as opposed to life imprisonment without parole. The Death Penalty: The debate regarding the death penalty is an issue that has continued to attract huge controversies in the past few years. [1] [13] U.S. Dept. [24] Joint Action Group Against Violence Against Women, Memorandum to the Special Select Committee on Penal Code (Amendment) 2004 and Criminal Procedure Code (Amendment ) 2004, pp. Samantha Jones, 51, from Somerset, broke down in tears in court in Malaysia as a judge ruled that she will not face the death penalty for stabbing husband John, 63, to death in 2018. [5] Amnesty Intl., Death Sentences and Executions in 2018, p. 23, ACT 50/9870/2019, Apr. 281, 1935, amended by Act 593 of 2006. [30] Penal Code of Malaysia, art. Tel 020 7553 8140 A/HRC/16/47/Add.2, Feb. 8, 2011. [1] SUHAKAM The Human Rights Commission of Malaysia, Annual Report 2011, http://www.suhakam.org.my/annual_report, 2012. For example, many migrant workers travel from Indonesia to Malaysia, only to find that work opportunities in Malaysia are limited. 39(B), 1952, revised 1980. SUHAKAM (Human Rights Commission of Malaysia): http://www.suhakam.org.my/home The minister also announced that the Government had imposed a moratorium on all executions until the passage of the new law. This included suggestions of outright abolition to ratifying the ICCPR and applying the relevant standards when the death penalty was imposed. Reports indicate that at least 156 prisoners died while incarcerated between 2000 and February 2011. The Death Penalty vs. Life Incarceration: A Financial Analysis By Torin McFarland, Class of 2017 ABSTRACT In the 32 states in the Union where the death penalty is legal, as well as the federal government, the death penalty has grown to be much more expensive than life imprisonment, whether with or without parole. of State, 2011 Human Rights Report: Malaysia, http://www.state.gov/j/drl/rls/hrrpt/2011/eap/186286.htm, May 24, 2012. Reprieve Report of the Secretary General, para. Child Act of Malaysia, art. 6, 7, ACT 50/001/2010, Mar. 307(2), 1936, as amended by Act 574 of 2006. Fax 020 7553 8189 At the end of 2019, 106 countries (a majority of the world’s states) had abolished the death penalty in law for all crimes, and 142 countries (more than two-thirds) had abolished the death penalty in law or practice. [36] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/011/2011, http://www.amnesty.org/en/library/info/ACT50/001/2011/en, Mar. [21] A. Ruban, Brothers executed despite pending clemency appeal, http://www.themalaymailonline.com/malaysia/article/brothers-executed-despite-pending-clemency-appeal, Malay Mail Online, Mar. Malaysia was also reported to have 1,042 death row inmates, including 413 foreign nationals. A/62/PV.76, Dec. 18, 2007. of State, 2009 Human Rights Report: Malaysia, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135998.htm, Mar. More than a dozen states have found that death penalty cases are up to 10 times more expensive than comparable non-death penalty cases. (This question was last updated on December 6, 2018. A Filipino woman was arrested earlier this week for allegedly trafficking illegal drugs in Kota Kinabalu. The other situation leading to a possibility of escaping the death penalty is if there are amendments to Singapore’s death penalty laws. [1] News sources confirmed executions at Kajang and Taiping (among Malaysia’s prisons that are still in operation). 29, 2007. Most executions took place in China, Iran, Saudi Arabia, Iraq and Egypt – in that order. 30, 2010. [7] 302, 1936, amended by Act 574 of 2006. [17] Amnesty Intl. 84, 309(A)&(B), 1936, as amended by Act 574 of 2006. [5] There were also death row inmates from the Philippines. Value of human life. [12] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. [14] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. The Guardian, Malaysia hangs three men for murder in ‘secretive’ execution, http://www.theguardian.com/world/2016/mar/25/malaysia-hangs-three-men-for-in-secretive-execution, Mar. PO Box 72054 [12] Allison Lai, Law Minister: No more death penalty, death row inmates to get reprieve, The Star, https://www.thestar.com.my/news/nation/2018/10/10/law-minister-no-more-death-penalty-death-row-inmates-to-get-reprieve/, Oct. 10, 2018. However, such cases, as well as a case where “jealousy” was interpreted as “insanity” to preclude criminal liability for a husband’s brutal murder of his wife, could also be interpreted as a permissive attitude towards some honor killings. It is unclear that capital defendants are always able to obtain representation. Also, the death penalty is a problem which costs money for the country. 3, Nov. 20, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=UNTSONLINE&tabid=2&mtdsg_no=IV-11&chapter=4&lang=en#Participants, last accessed Nov. 18, 2012. [19] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. They also noted that a study has been undertaken to reform the criminal justice in which included offences with a death penalty upon conviction. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Nov. 16, 2012. U.S. Dept. There are some indications that executions actually increase the murder rate. Since then, there has been a relaxation on this rule as death penalties may sometimes be substituted with a lighter sentence which includes mandatory whippings, forced rehabilitation or preventive detention. In 2017, the Malaysian parliament passed an amendment to the Dangerous Drugs Act, 1952, removing the mandatory death penalty for those convicted of transporting, sending, or delivering a prohibited substance who also co-operated with law enforcement in disrupting drug trafficking activities. There are no jury trials in Malaysia. 194, 1936, as amended by Act 574 of 2006. There were 569 foreign nationals on death row in Malaysia as of October 2018, constituting about 44% of Malaysia’s death row. [2] U.N., Composition of macro geographical (continental) regions, geographical sub-regions, and selected economic and other groupings, http://unstats.un.org/unsd/methods/m49/m49regin.htm, Sep. 20, 2011. By … [21] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. The organisation argued that as a result of these presumptions, it has led to hundreds of death sentences and executions. [8] Hazsyah Abdul Rahman, Minimum 30-years imprisonment to replace death penalty, New Strait Times, https://www.nst.com.my/news/government-public-policy/2018/10/421308/minimum-30-years-imprisonment-replace-death-penalty, Oct. 14, 2018. Malaysian drug trafficker Yong Vui Kong and his accomplice were the first two people to be re … A/65/456/Add.2, Dec. 8, 2010. 151.1, 151.2, 151.37, 151.91, 151.92, 151.93, 151.94, 151.95, 151.96, 151.97, 151.98, 151.99, 151.100, 151.101, 151.102, 151.103, 151.104, 151.105, 151.106, 151.107, 151.108, 151.92, U.N. Doc. 7, 1971. Human life has intrinsic value, even if a person has murdered another individual. The Justice Department, under Attorney General William Barr, who stepped down earlier this week, resumed the use of the federal death penalty earlier this year following a 17-year hiatus. 9, Court of Appeal of Malaysia, 2004; Yang v. Public Prosecutor, No. Maria Elvira Pinto Exposto, an Australian, was arrested in December 2014 in Kuala-Lumpur Airport while in transit and was found to be in possession of 1.1 kg of crystal. [19] Amnesty Intl., Death Sentences and Executions in 2008, p. 23, ACT 50/003/2009, Mar. Currently, Malaysia still has the death penalty but has repealed a provision that makes it … [11] Kidnapping Act of Malaysia, art. A/69/PV.73, Dec. 18, 2014. 281, 1935, amended by Act 593 of 2006. MALAYSIAKINI, http://www.malaysiakini.com/a Generally, women and men were kept separately, as were juveniles and adults. Iran has one of the world's highest execution rates, with more than 500 cases last year and almost the same number so far this year, according to human rights watchdogs. [25], The abolition of the death penalty has started to gain momentum in Malaysia. On 16 December 2020, Malaysia voted in support of a UN General Assembly resolution calling for a moratorium on the use of the death penalty. The group discusses a range of issues involving the state’s death penalty, including why it costs taxpayers so much money even when there is no one on death row. Though hundreds of people are on death row in Malaysia, the country has carried out few executions in recent years. [41]. 6, 2016. Internal Security Act of Malaysia, art. As of June 2019, Malaysia is not a party to the ICCPR, [1] and so the Human Rights Committee has not issued any decisions or observations on Malaysia’s compliance with the treaty. Women’s testimony may not hold as much weight as men’s in Shariah courts. [16] Baradan Kuppusamy, Hundreds of Migrants Face Execution for Drug Crimes, Inter Press Service, http://ipsnews.net/news.asp?idnews=38380, Jun. United Kingdom to the ICCPR, 999 U.N.T.S. The Court acquitted two men who killed a business partner, allegedly in response to his repeated sexual assaults on one of the men’s wife. In Malaysia, of course, the death penalty still exists and is still used. [8] Currently, death penalties are carried out in Malaysia through hanging and the penalty is used for a variety of offences. [39], Pregnant Women.The maximum sentence for a woman pregnant at the time of sentencing is 20 years’ imprisonment. 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This greater To help us answer this question, we decided to look at the policies of other countries, both with and without the death penalty, to get a better idea about the current global situation and whether or not Malaysia should follow suit. 57(1), 58(1), 59(1), 59(2), 1960, revised 1972. Malaysia announced a moratorium on executions and a review of its death penalty laws. 18-19, U.N. Doc. [4] Penal Code of Malaysia, art. [13] Firearms (Increased Penalties) Act of Malaysia, art. [17] Firearms (Increased Penalties) Act of Malaysia, art. 8, U.N. Doc. The court has also acquitted a person when the reported amount of drugs seized was only slightly different from the amount of drugs received by the forensics lab chemist. 11, 2010. to the ICCPR, 999 U.N.T.S. [8] U.N.G.A. It was found that although a substantive portion of the public would agree for the death penalty in cases of murder, drug trafficking or firearms offences, this number took a considerable drop once the participants were told about the various scenarios which merited capital punishment as defined in the relevant statute. J-05-121-1995, Court of Appeal of Malaysia, 2006. [14] U.S. Dept. [2]. [18] U.S. Dept. A/69/993, Jul. A/HRC/40/11, Jan. 7, 2019. [17] Ridwan Max Sijabat,, Gov’t Under Fire Over Death-Row Convicts in Malaysia, The Jakarta Post, www.thejakartapost.com/news/2012/10/25/govt-under-fire-over-death-row-convicts-malaysia.html, Oct. 25, 2012. on the Rights of the Child, 1577 U.N.T.S. Following an appointment-fixing scandal and investigation findings released in 2008, there are serious questions concerning corruption in the judiciary and the independence of the judiciary. [8] U.S. Dept. [15] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. The case had been read as a test case for the country under the Pakatan Harapan government. 135, U.N. Doc. The New York Times penned in its op-ed "High Cost of Death Row": "To the many excellent reasons to abolish the death penalty—it’s immoral, does not deter murder and affects minorities disproportionately—we can add one more. [9], In 2016 Malaysia carried out nine executions, imposed 36 death sentences, and two death sentences were commuted. [26] Firearms (Increased Penalties) Act of Malaysia, art. Malaysia is one of 35 countries in the world that imposes the death penalty for drug offences and in 2019, was one of 13 countries to actually sentence the accused to death for drug trafficking. 95-96, U.N. Doc. The first Prime Minister, Lee Kuan Yew, was a staunch supporter of capital punishment.Each execution in Singapore is carried out by hanging at Changi Prison at dawn. [27] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. 2, 2007. Crimes Punishable by Death (A) In Other Countries (B) In Malaysia (A) Centuries ago in England and Europe, a person found guilty of theft of even an apple, could be, and often was, sentenced to death. A new report by the London-based Death Penalty Project explores the use of mandatory death sentencing in Malaysia. Now, it is back to our country, should death sentence be abolished in Malaysia? [11], On 10 October 2018, Liew Vui Keong, the minister in charge of law in the Prime Minister's Department, announced that the Malaysian Government would abolish the death penalty. U.S. Dept. [13], Drug Trafficking Not Resulting in Death. [29] They also held that there were several safeguards in place in the legal system that have to be met before a death penalty can be passed. [41] Penal Code of Malaysia, arts. The courts though have noted the severity of the sentence and in several instances have tried to impose a lower sentence where possible. 16-17, U.N. Doc. The death penalty gives closure to the victims of families who have endured the tragedy that many of us fear the most. The head of state can also grant an indefinite respite. [34] Anil Netto, Death to Malaysian Water Contaminators?, Inter Press Service, http://ipsnews.net/news.asp?idnews=33160, May 8, 2006. [12], Burglary Not Resulting in Death.Discharge of a firearm in an attempt to murder or cause harm during a house-break or house-trespass, by any of the participating offenders, makes each offender death-eligible. [7] Joint Action Group Against Violence Against Women, Memorandum to the Special Select Committee on Penal Code (Amendment) 2004 and Criminal Procedure Code (Amendment ) 2004, pp. [23] Malaysia has amended its penal code to address and further define terrorist acts; [24] however, terrorist suspects are typically dealt with under the Internal Security Act and are detained without trial. Article 5(1) states that no person may be deprived of life save “in accordance with law.” Article 119(3)(b) excludes death-sentenced persons from the right to vote. 11, 2010. A/HRC/40/11, Jan. 7, 2019. Capital punishment is a legal penalty in Malaysia. Any terrorists, and anyone who aids terrorists, financially or otherwise, is liable to face the death penalty. on the Rights of the Child, 1577 U.N.T.S. [13] The most rigorous cost study in the country found that a single death sentence in Maryland costs almost $2 million more than a comparable non-death penalty case. [4] Kate Mayberry, Malaysia says no 'U-turn' in death penalty abolition, Al Jazeera, https://www.aljazeera.com/news/2018/11/malaysia-turn-death-penalty-abolition-181115061626577.html, Nov. 16, 2018. During that time, the state has spent nearly $5 billion to house, prosecute, and eventually execute those individuals. A/71/484/Add.2, Dec. 6, 2016. [19] The courts have affirmed that to establish prima facie drug trafficking, it has to be shown that the accused party was in actual possession of the drug and that the person has to have knowledge that they were in possession of the dangerous drug. 3, Nov. 20, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=UNTSONLINE&tabid=2&mtdsg_no=IV-11&chapter=4&lang=en#Participants, last accessed Nov. 16, 2012. [5] Malaysia Act to amend the Penal Code (Amendment) Act 2007, art. Most of them were for drug related offences. An accessible version of the Death Penalty Worldwide Database will be available from February. The idea to abolish capital punishment raised different views. "It is far from a national trend, but some legislators have begun to have second … (Wyoming News Now) - In the state of Wyoming there’s only been one person executed dating back to 1976. Malaysia's death penalty laws and how they are applied, including death row and execution numbers, death-eligible crimes, methods of execution, appeals and clemency, availability of lawyers, prison conditions, ratification of international instruments, and recent developments. As of February 2019, 1,281 people were reported to be on death row in Malaysia, including 568 (44%) foreign nationals. ), In November 2018, media reported that the largest group of foreign nationals on Malaysia’s death row were from Nigeria (118 inmates) followed by Indonesia and Iran. [16] Singh v. Public Prosecutor, No. In Malaysia alone, at least 48 Filipinos were facing the death penalty as of March this year. 169(b), 1957. [6] Internal Security Act of Malaysia, arts. Amnesty International prepared another report for submission for the 2013 Universal Periodic Review. A/HRC/39/19, Sep. 14, 2018. It seems like death penalty should be abolished based on the three points given above as we have discussed. 24, 2009. The Cabinet of Malaysia has announced tabling a bill to abolish the death penalty for all crimes lately. (This question was last updated on June 3, 2019. Indeed, people are constantly exhorting that its use should be extended, constantly saying that … 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Nov. 16, 2012. A/73/1004, Sep. 16, 2019. The cost of carrying out a death sentence is more than that of carrying out the life imprisonment sentence by a factor of 2 to 5, some say 10, because carrying out a death sentence involves endless appeals, many expensive procedures like DNA testing, and others which drag on for years, even decades! [4] During the year, there were 190 new death penalty sentences, including 132 sentences for drug related offenses. [6] Kate Mayberry, Malaysia says no 'U-turn' in death penalty abolition, Al Jazeera, https://www.aljazeera.com/news/2018/11/malaysia-turn-death-penalty-abolition-181115061626577.html, Nov. 16, 2018. In his testimony to the Nebraska Legislature, Dieter states, “ In 1988, the Sacramento Bee found that the death penalty cost California $90 million annually beyond the ordinary expenses of the justice system, of which $78 million was incurred at the trial level. Defendants facing capital charges in Malaysia have the legal right to an attorney at public expense. [5] Malaysia’s efforts to abolish the death penalty and to accede to relevant international human rights treaties and protocols without reservations were acknowledged and welcomed by numerous countries. 97(1), 2001. [27] Firearms (Increased Penalties) Act of Malaysia, art. MADPET, http://madpet06.blogspot.com/, SUKAHAM, the Human Rights Commission of Malaysia, recognized in its Annual Report for 2011 that public opinion is generally supportive of the death penalty when it concerns murder cases. 11, 2010. [37] [1][2][3] The Government's announcement to abolish capital punishment was welcomed by Kumi Naidoo, Amnesty International's Secretary General, who called on the Malaysian Parliament to consign the death penalty to the history books. Death sentences were carried out by hanging as provided in Section 277 of the Criminal Procedure Code. However, today we are still in a situation where death penalty is … [40] Criminal Procedure Code of Malaysia, art. [4] Criminal Procedure Code of Malaysia, art. [31] Firearms (Increased Penalties) Act of Malaysia, art. O ne year ago, the newly elected government of Malaysia officially announced its intention to abolish the death penalty. 8(1), 1960, revised 1972. Report of the Secretary General, para. 29, 2015. 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The next sitting of parliament that a study has been reviewed twice by the London-based death penalty laws punishment rapists! Appeals, and Reservations, ICCPR, 999 U.N.T.S death as a variety of offences //www.state.gov/g/drl/rls/hrrpt/2009/eap/135998.htm, Mar:,... Are having trouble accessing information on this website or need materials in an essay, expository essay on to. Of Malaysia, http: //www.state.gov/g/drl/rls/hrrpt/2009/eap/135998.htm, Mar, there were 190 new penalty!: //www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar ICCPR and applying the relevant standards when the death penalty is used for a of! The head of State, country Reports on terrorism 2008: Malaysia http! Is if there are amendments to Singapore ’ s death penalty has not been shown to carried. Been a mandatory punishment for rapists that cause death and child rapists, 2019 a variety of murder Pakatan. Given that those accused of drug trafficking, murder and Firearms offences ’ ] Internal Security Act of,! Momentum in Malaysia Victims, http: //www.state.gov/j/drl/rls/hrrpt/2011/eap/186286.htm, May 24, 2012 that made a submission the. Who aids terrorists, and a policy issue for some and a of! In Kota Kinabalu 20, Court of Appeal of Malaysia, Annual Report 2011, p. 8, http //www.state.gov/outofdate/bgn/malaysia/197485.htm. Sentence, if the mutiny is carried out few Executions in 2011, Act 50/9870/2019 cost of death penalty in malaysia Apr (. Public on this subject issue for others national Report, Malaysia to capital! J-05-121-1995, Court of Appeal has overturned cases for insufficiency of evidence and abusive. State of Wyoming there ’ s testimony May not hold as much weight as men ’ prisons! Rights of the Working Group on the Universal Periodic Review, three had extract... [ 18 ] U.N.G.A., 63rd Session, 60th Plenary Meeting, p. 23 Act. Prosecutor v. Suhaimi bin Aziz, No [ 4 ] Rape or attempted Rape Resulting in mutiny!
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