New Bills Set to Abolish Death Penalty in Malaysia

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,” the Universal Declaration of Human Rights states. Several countries, including Malaysia, still enforce death penalties despite the global movement to abolish them. However, the tide is slowly turning. The parliament recently passed a bill to remove the death penalty in Malaysia.

An infringement of human rights

Like slavery and other forms of violence, the use of the death penalty goes the opposite of humans’ right to live and to be free from cruel torture and degrading punishment. By the end of 2021, as many as 108 countries had abolished the death penalty in their laws. A few countries, however, still practice it. Amnesty International recorded 579 executions in 18 countries in 2021, which increased by 20% from the previous year.

The most common reason for employing the death penalty is deterrence. When death is the consequence, it makes people think twice before committing illegal or immoral actions that they have planned. However, studies found a lack of evidence for this claim. The weight of death penalties is also often disproportionately carried by marginalized people and the poor and can be used as a means of oppression.

“The existence of the death penalty in countries that maintain it — as well as the threat of its use — can be turned to improper purposes, such as instilling fear, repressing opposition, and quashing the legitimate exercise of freedoms,” said UN Human Rights Chief Volker Türk.

Death penalty in Malaysia

The death penalty has been a part of Malaysia’s criminal justice system since the British settlement in the country. Currently, 33 crimes are punishable by death in Malaysia. For 11 of them – such as murder, drug trafficking, treason, kidnapping, and acts of terror – death penalty is a mandatory sentencing. Amnesty International recorded that 1,320 people are on death row as of February 2023, and more than half of them are for drug offenses.

Recently, the parliament of Malaysia has approved two bills that will erase mandatory death penalties for serious crimes and imprisonment for life. Instead, courts will be granted the option of giving jail sentences of between 30 and 40 years and caning. When the bill is implemented, the prisoners are allowed 90 days to submit reviews on their sentences. Courts still have the power to enforce death penalties in particular situations after review.

Malaysia has suspended hanging as the death penalty since 2018. In 2022, the parliament announced the plan to abolish death penalties altogether, and the bill was passed in March 2023. The bills show progress in Malaysia’s human rights protection that will hopefully move forward further once passed into law. Still, in the middle of creating a better world for all, the work continues to ensure fair and transparent justice systems without discrimination.

Editor: Nazalea Kusuma

Kresentia Madina

Reporter at Green Network Asia | Website |  + postsBio

Madina is the Assistant Manager of Stakeholder Engagement at Green Network Asia. She holds a bachelor’s degree in English Studies from Universitas Indonesia. As part of the GNA In-House Team, she supports the organization's multi-stakeholder engagement across international organizations, governments, businesses, civil society, and grassroots communities through digital publications, events, capacity building, and research.

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