Malaysia agrees to end the death penalty’s mandatory application

Malaysia’s law minister announced on Friday that the country has agreed to abolish the mandatory death sentence and empower judges to determine alternative punishments for a variety of offences.

According to Wan Junadi Tuanku Jaafar, the government would investigate alternative punishments for the 11 felonies that currently carry a required death penalty, as well as the more than 20 charges that carry a potential death sentence at the discretion of the court.
Before amendments to the law to take effect, they would need to be tabled and enacted in Parliament.
“The government’s decision on this subject reflects the country’s leadership’s honesty in enhancing the dynamic criminal justice system by ensuring the rights of all parties are protected and guaranteed,” the statement said.

In Malaysia, about 1,300 people are on death row, with the majority of the cases involving drug trafficking. In Malaysia, the death sentence is mandatory for a variety of crimes, including murder, drug trafficking, treason, kidnapping, and acts of terrorism.
According to the Anti-Execution Penalty Asia Network, foreigners account for 526 of the 1,355 prisoners on death row in the country.

Malaysia announced in 2018 that it would abolish the death penalty for all offences and put an end to all pending executions. However, in 2019, it reversed course, stating that the death penalty would no longer be mandatory for certain crimes.
The mandatory death penalty, according to the ADPAN, “deprives judges of the ability to punish depending on the circumstances of each individual offender… (resulting in) ridiculous judgments that have sparked popular outrage.”

Rights groups applauded the announcement on Friday, but stressed it was only the beginning.

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