Background and Timeline
Before the abolition of mandatory death penalty in Malaysia by this Act, there are a total of 33 criminal offences under nine Malaysian laws that are punishable by death, and among them there are 12 offences that carried the mandatory death penalty. [4] [11]
During the 14th General Election of Malaysia in 2018, Pakatan Harapan, the main opposition coalition at the time, has in its official manifesto promised to abolish "Mandatory death by hanging in all Acts" among a few other Malaysian laws that Pakatan Harapan deem oppresive in nature. [12] [13] Pakatan Harapan eventually defeated the Barisan Nasional government in the general election and resulted in the change of government for the first time in Malaysia's history.
During the first Pakatan Harapan government (2018-2020)
On 29 June 2018, Deputy Prime Minister Dr Wan Azizah Wan Ismail revealed that the government is looking into the need to make amendments to do away with the mandatory death penalty in legislation pertaining to criminal offences, as this measure would enable Sirul Azhar Umar, who was convicted and sentenced to death over the murder of Mongolian model Altantuya Shaariibuu, to return to Malaysia from Australia if he wanted to. [14] [15] [16] [17]
On 2 July 2018, Deputy Secretary General of the Ministry of Home Affairs, Datuk Seri Nadzri Siron said that the death sentence on 17 inmates in death row had been put on hold pending a government review on capital punishment. [18] [19] [20]
On 7 October 2018, Law Minister Datuk Liew Vui Keong under the newly formed Pakatan Harapan cabinet revealed that a study conducted by the Attorney General's Chamber to abolish mandatory death penalty in Malaysia is in the final stage and will be presented to the cabinet for determination. [21] [22]
Total abolition of death penalty proposed and moratorium on execution
On 10 October 2018, Law Minister Liew Vui Keong announced to the press that the Cabinet has given the green light for the death penalty to be abolished and the government will abolish death penalty for all crimes. [23]
"All death penalty will be abolished. Full stop." — he told the press.
Liew also said there should be a moratorium in place for execution before the death penalty is formally abolished and the relevant Bill will be tabled in the next Parliament sitting, which would begin on 15 October [24] [25] [26] until 29 Nov. [27]
On the following day, 11 October 2018, Deputy Home Minister Datuk Azis Jamman announced that the government has imposed a nationwide moratorium on all death sentences with immediate effect, and the execution of the 1,278 inmates who are currently on death row will be halted. [28] On the same day, an online poll conducted by Berita Harian, Harian Metro and New Straits Times on Facebook and Twitter following the Law Minister's announcement to abolish all death penalty showed that 82% of Malaysians are against such move by the government. [29] A survey conducted by The Star concluded on 13 October 2024 also showed 45% of Malaysians are against the total abolition of death penalty. [30]
During a speech on 14 October 2018, Liew reveals that the death penalty will be replaced by a minimum 30 years imprisonment instead. [31] He also said existing death sentences will be commuted to minimum 30 years imprisonment instead during the Parliament session on 16 October 2018. [27] [32] On 16 November 2018, Liew also told Al Jazeera that there will be no "U-turn" on death penalty abolition. [33] The proposed Bill however was not tabled in 2018 and was deferred to the next Dewan Rakyat sitting next year. "There has been some slight changes as we need to look into some issues, but I believe everything will be ready by the next sitting,” Law Minister Liew Vui Keong told reporters at the Parliament lobby on 20 December 2018. [34] [35]
On 11 January 2019, during a conference held at Monash University Malaysia, Liew again reiterated he remained a strong supporter of abolishing the death penalty despite his cousin was murdered 40 years ago. [36] On 18 January 2019, Liew said there will be no referendum held on the abolition of death penalty as the matter is still yet to be finalised. [37] [38] On 24 January 2019, famillies of 30 death row prisoners submitted a memorandum of support on death penalty abolition to Liew at Putrajaya. [39] Liew also said the proposed Bill is expected to be tabled in 2019. [39]
On 9 March 2019, Law Minister Liew Vui Keong however hinted that the death penalty may not be fully abolished and the Cabinet is considering among three options. First option being the total abolition of death penalty for all crimes, while second option involves changing the death penalty for crimes such as murder to be non-mandatory and granting judges the discretion to impose life imprisonment as alternative sentence. The third option however would only abolish the mandatory death penalty for drug trafficking under the Dangerous Drugs Act 1952, and replacing it with life imprisonment of 30 years instead. [40]
The "U-turn"
On 13 March 2019, Deputy Law Minister Mohamed Hanipa Maidin told the Dewan Rakyat that the government will only repeal the mandatory death penalty for 11 criminal offences, and the death penalty will become optional and imposed at the discretion of the court. [41] [42] [43]
This move was soon accused and criticised by several NGOs and human rights groups as a sudden "U-turn" on the Pakatan Harapan government's stance on total abolition the death penalty. [44] [45] Human rights groups such as Amnesty International described the announcement as "disappointing", accusing the government as "appears to have bowed to political and public pressure to retain the death penalty". [46] [44] Lawyers for Liberty (LFL) has also criticised the Pakatan Harapan government as succumbing to "moral cowardice" and calling the decision as "shocking, unprincipled and embarrassing". [47] [48] The Malaysian Coalition Against the Death Penalty has also expressed its deep disappointment and claimed that "the death penalty, whether mandatory or not, has no place in today's world". [49] [50] Malaysians Against Death Penalty and Torture (MADPET) was also saddened by the U-turn, and said that the Prime Minister and parliamentarians must have the required political will and courage to "do the right and just" to immediately abolish the death penalty. [51]
On 5 April 2019, Law Minister Liew Vui Keong said that the process to abolish the mandatory death penalty was still ongoing as the government had to deal with various issues related to the imposition of a moratorium against executions. The process is expected to be completed in June and in time for the July sitting of the Dewan Rakyat. [52] [53] [54] On 10 May 2019, after nearly a year in office, Liew conceded that legal reforms such as proposal to abolish mandatory death penalty is still work in progress as the government must consider the views of all stakeholders, given the complexity and sensitivity of the issue. [55]
On 4 July 2019 during the Dewan Rakyat sitting in July 2019, Liew Vui Keong said the studies on the abolishment of mandatory death penalty has been completed and the Bill is expected to be tabled in Parliament next week. [56] However, contrary to his previous statement, the Bill was not tabled in the July sitting and was again deferred to the next sitting in October 2019 [57] (and would deferred again to March 2020). [58] A task force will also be set up to further study the matters, Liew revealed during a press conference on 13 July 2019. [57]
On 29 August 2019, the Cabinet agreed to set up the task force, [59] [60] which would later be called the Special Committee on the Study on the Alternative to the Mandatory Death Sentence. [61] [62] It was headed by the former Chief Justice Tan Sri Richard Malanjum [60] [61] and consists of other eight experts. [58] The special committee was formally established on 20 September 2019 and held its first meeting on the same day. [62] [63] [58] In the next four months, the committee would also held several town halls and public consultations across the country with all segments of society. [64] [65] The study was concluded on 31 January 2020 and a 128-page final report was submitted by the special committee to the government in February 2020. [64]
Fall of Pakatan Harapan government
The Bill was originally expected to be tabled to the Dewan Rakyat in March 2020, [58] but this would not be materialised as the Pakatan Harapan government would collapsed on 24 February 2020 following Sheraton Move and the resignation of the then-Prime Minister Mahathir Mohamad. [66] Malaysia would also be struck by the COVID-19 pandemic and the country went into lockdown on 18 March 2020. [67] [68] Since its proposal in October 2018, the tabling of the Bill under the Pakatan Harapan government has experienced four deferment, from October 2018 to March 2019, July 2019, October 2019, and finally to March 2020.
During Muhyiddin's term (2020-2021)
During Muhyiddin Yasin's 17-months term as the 8th Prime Minister from his swearing in on 1 March 2020 [69] until his resignation on 16 August 2021, [70] no Bill relating to abolition of mandatory death penalty was ever tabled in any of the Parliament sitttings held. No real progress was achieved either as the then-Law Minister Takiyuddin Hassan merely on separate occasions told Parliament that the report submitted by the special committee will be presented to the Cabinet for "further consideration" [71] [72] [73] and still "required further scutiny". [74]
During Ismail Sabri's term (2021-2022)
In August 2021, Malaysia experienced another round of political turmoil and change of Prime Minister, which resulted in Ismail Sabri Yaakob swearing in as the 9th Prime Minister [75] [76] and the formation of a new Cabinet. [77] On 29 December 2021, the new Law Minister, Wan Junaidi Tuanku Jaafar, said the government will make a decision once the special committee formed two years ago has presented its findings and the findings were expected to be submitted soon. [78] On 28 January 2022, Wan Junaidi in a statement said the special committee's report will be presented to the Cabinet by the end of February and he has been briefed on the report's findings by the committee. [79] [80]
Abolition effort revived
On 10 June 2022, Law Minister Wan Junaidi in a press statement announced that the government has agreed to abolish mandatory death penalty and replace it with punishment that are meted out at the discretion of the court. The decision was reached following a presentation of the committee's report by him in a Cabinet meeting held on 8 June 2022. The Cabinet has also agreed that further scrutiny and study be conducted on the proposed substitute sentence for 34 criminal offences that carries either mandatory death penalty or discretional death penalty, which will be carried out with the cooperation of Attorney General's Chambers, Legal Affairs Division of the Prime Minister's Department, and other relevant ministries and departments. [81] [82] [83]
Following the release of the press statement, Wan Junaidi further elaborate that the government has yet to set a timeframe for the abolition of the mandatory death penalty to take effect, as many areas still need refining, including the proposal by Attorney General's Chambers to set up a tribunal [84] to study cases already served with the mandatory death sentence. [85] He also told reporters that all current cases with mandatory death sentences that have yet to be decided by the courts will be postponed until the decision takes effect. [85] On the same day, Prime Minister Ismail Sabri Yaakob emphasised that the death penalty will remain and not be abolished entirely, and the change is only on the fact that judges are now given discretion in sentencing. He said only the “mandatory” part will be removed and judges will no longer be bound by the word "mandatory", which had left them with no choice but to impose the death penalty on criminal offenders as provided by law, such as in drug trafficking cases. [86]
On 13 June 2022, Wan Junaidi in a press conference revealed that the recommendation made by the special committee on a new sentencing policy is based on three principles: (1) For offences causing death, the death penalty at the court's discretion will be maintained; (2) for offences not causing death, death penalty should not be imposed by the courts; and (3) if the offender was not sentenced to death, then he can be punished with caning. [2] [84] He also said public feedback is welcomed and a public survey will be conducted on the abolition of mandatory death penalty. [2] [87] He also disclosed that as of June 2022 there're currently 1,342 death row inmates in the country since 2012. [2] [84] Wan Junaidi is hopeful that the Bill will be tabled in Dewan Rakyat for its first reading in October 2022, then Dewan Negara in December 2022, and finally takes effect by January or February 2023. [2] [87]
On 13 September 2022, Wan Junaidi said the government has agreed in principle on the alternative sentences to the mandatory death penalty for 12 offences under the law. [88] A moratorium on the execution of 1,337 death row inmates was also announced. [88] The decision was made after two series of meetings held on 6 September and 13 September by the Substitute Sentences for the Mandatory Death Penalty Task Force Technical Committee which he had chaired. [89] On 20 September 2022, an engagement session with MPs and representatives from Barisan Nasional, Perikatan Nasional, and Pakatan Harapan was held at the Parliament building to discuss the alternative sentences and the moratorium on execution. [90] The engagement session was also attended by senior officers from Home Ministry, AGC, and Prison Department. [90]
Tabling of Bills in Parliament
On 6 October 2022, the Bills relating to abolition of mandatory death penalty were finally tabled for their first reading in Dewan Rakyat. [91] To abolish the mandatory death penalty under Malaysian law, seven separate Bills were tabled, which are: [92] [93]
- Criminal Justice (Amendment) Bill 2022
- Kidnapping (Amendment) Bill 2022
- Dangerous Drugs (Amendment) Bill 2022
- Firearms (Increased Penalties) (Amendment) Bill 2022
- Arms (Amendment) Bill 2022
- Criminal Procedure Code (Amendment) (No. 3) Bill 2022
- Penal Code (Amendment) (No. 2) Bill 2022
Under the introduced Bills, other than the abolition of mandatory death penalty, the Criminal Justice Act 1953 will be amended to include the definition for "imprisonment for natural life" and the words "imprisonment for life" under other amended Acts will be changed to "imprisonment for natural life". The death penalty under Kidnapping Act 1961 and Arms Act 1960 will also be removed as an option. Death penalty for kidnapping and attempted murder while under life sentence under the Penal Code will also be entirely abolished. The amendment will also apply retrospectively to all ongoing court cases. [93]
However, four days after its first reading, the Parliament was dissolved on 10 October 2022 to make way for the 15th General Election [94] and these pending Bills were lapsed upon the dissolution of Parliament.
During Anwar Ibrahim's Unity Government (2022-2023)
After the 15th General Election, a PH-BN unity government was formed with Anwar Ibrahim sworn in as the 10th Prime Minister on 24 November 2022. [95] Azalina Othman Said [96] and Ramkarpal Signh [97] was appointed as the new Law Minister and Deputy Law Minister respectively. On 12 December 2022, during a speech in Human Rights Day Forum 2022 at Royale Chulan Hotel, Azalina briefly mentioned that she will continue the effort of previous administration to abolish the mandatory death penalty. [98] [99]
Abolition effort continued
On 21 December 2022, Azalina in a statement said, following a reexamination and rediscussion on the proposal for substitute sentences for mandatory death penalty, the Cabinet has agreed to continue the effort of abolishing the mandatory death penalty. She said the Attorney General's Chambers has examined the proposed substitute punishment for 11 offences that carry mandatory death penalty and 23 other offences that carry discretionary death penalty. The moratorium on the execution of death row inmates will continue to be remained in place. Seven Bills introduced by the previous Ismail Sabri's administration will also be retabled again to Parliament in February 2023. [100] [101]
On 10 January 2023, Deputy Law Minister Ramkarpal Singh said the government is studying the suggestions and views given by the special committee, government agencies, civil societies and NGOs regarding the substitute sentences for the mandatory death penalty. [102] On 12 January 2023, Dewan Rakyat Speaker Johari Abdul suggested for a special tribunal to be set up to decide the fate of persons who were already sentenced to death. The tribunal will be akins to Pardons Board but consists of prominent or former judges. However, former Law Minister Wan Junaidi disagree with such proposal, saying such tribunal could be seen as holding higher authority than the Federal Court, which is the highest court of the country, therefore possibly violating the Constitution. [103] [104]
On 15 February 2023, in response to a Parliamentary question, Ramkarpal Singh said the government is considering to enact a new temporary law to handle the cases of convicts who were already sentenced to death, which will directly impact 840 prisoners (64%) out of the 1,320 death row inmates, while the remaining 480 people will go through the appeal process as usual. [105] On 22 February 2023, after attending a dialogue session with death row and life sentence prisoners at Kajang Prison, Ramkarpal Singh said the relevant Bill will be tabled for first reading at Dewan Rakyat in March 2023, then passed in April and gazetted by May. Under the new law, death row inmates and prisoners under natural life sentence will be able to file an application to Federal Court to review their sentences. [106]
On 23 March 2023, Law Minister Azalina Othman told Dewan Negara that the Cabinet has agreed to several new policies relating to abolition of mandatory death penalty in a meeting held on 17 March 2023. [107]
One Bill, which would later be called Abolition of Mandatory Death Penalty Bill 2023, will be tabled to abolish all mandatory death penalty and all natural life imprisonment. Criminal offences that carry mandatory death penalty will be changed to be punishable by either the death penalty, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping. Death penalty will also be entirely removed for offences that did not result in death, except three offences under Section 121 and 121A of the Penal Code and Section 39B of the Dangerous Drugs Act 1952 in which the death penalty will remained as an option. [107]
A second Bill, later called Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Bill 2023, will also be introduced to allow Federal Court to review the death sentence and natural life imprisonment of prisoners who have already exhausted all their appeals or legal remedies. [107]
Passage in Parliament and becoming law
On 27 March 2023, the Abolition of Mandatory Death Penalty Bill 2023 was officially tabled for its first reading in Dewan Rakyat by Law Minister Azalina Othman. The Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Bill 2023 was also tabled in Dewan Rakyat on the same day. [108] [109] On 3 April 2023, the second and third reading of the Abolition of Mandatory Death Penalty Bill 2023 was passed by a voice vote in Dewan Rakyat. [110] The Bill was subsequently tabled to Dewan Negara for first reading by the Deputy Law Minister Ramkarpal Singh on 5 April 2023. [111] On 11 April 2023, the second and third reading of the Bill was passed without amendment by Dewan Negara with a voice vote. [112] The Bill received royal assent on 9 June 2023 and was officially gazetted as Abolition of Mandatory Death Penalty Act 2023 (Act 846) on 16 June 2023. [113] On 4 July 2023, the Act officially came into operation. [114]
