Amnesty International: Malaysia continues to violate international law despite abolition of the death penalty – JURIST

It has been a year since Malaysia abolished the mandatory death penalty. However, Amnesty International has highlighted ongoing violations of international human rights standards. The abolition of the mandatory death penalty under the Abolition of Mandatory Death Penalty Act 2023 has resulted in a significant reduction in death sentences and a reduction in the number of people sentenced to death by over a third. However, Amnesty International’s assessment shows that the use of the death penalty and alternative punishments in Malaysia continues to violate international law.

The revised legislation allows judges to impose discretionary punishments, including 30-40 years’ imprisonment and caning, for crimes that previously carried mandatory death sentences. While this has resulted in fewer death sentences (only 45 of 274 cases resulted in the death penalty), concerns remain. Drug-related crimes continue to carry the death penalty, accounting for 49% of cases in which the death penalty has been imposed or confirmed since the new law came into force.

Despite the government’s 2018 moratorium on executions, there is no guarantee that it will be maintained until the death penalty is completely abolished. Amnesty International is calling on the Malaysian government to extend the moratorium indefinitely and commute all death sentences. It is also calling for legal reforms to abolish the death penalty for drug trafficking and remove the presumption of guilt.

The Dangerous Drugs Act of 1952, originally enacted by the British colonial administration and amended in 1975 to include the death penalty for drug trafficking, remains a contentious issue. Despite the introduction of sentencing discretion in 2017, the use of legal presumptions that shift the burden of proof to the accused continues to result in unfair trials.

Corporal punishment, another serious problem, persists even under the new legal framework. More than half of those spared the death penalty were forcibly flogged, a practice condemned by international human rights organizations as cruel, inhuman and degrading. Amnesty International recorded 142 men sentenced to flogging and imprisonment, underscoring the urgent need for legislative changes to abolish corporal punishment.

Access to legal representation also remains problematic: 46% of those charged with capital crimes reportedly appeared in court without representation, despite the existence of legal aid programs.

Amnesty International’s recommendations include extending the moratorium on executions, abolishing the death penalty for drug-related offences, abolishing corporal punishment, ensuring fair trials and publishing comprehensive data on the use of the death penalty. The organisation also calls on Malaysia to ratify the Convention against Torture and support the UN General Assembly resolution on a moratorium on the death penalty.

The abolition of the mandatory death penalty in Malaysia is a positive step towards reform, but significant problems remain. The government must address these systemic deficiencies to align its practices with international human rights standards and advance the complete abolition of the death penalty.