International
Amnesty International: Violations of international law in Malaysia continue despite the abolition of the death penalty – JURIST
However, it has been a year since Malaysia abolished the mandatory death penalty. Amnesty International has emphasized the continuous violations of international human rights standards. Abolition of the mandatory death penalty, according to Abolition of the Mandatory Death Penalty Act 2023has led to an important reduction in death sentences and a drop of over a third in the death row population. However, Amnesty International's assessment finds that Malaysia's use of the death penalty and alternative punishments continues to violate international law.
The revised legislation allows judges to impose discretionary sentences, including with imprisonment of 30-40 years and whipping, for crimes that were previously punishable by death. While this has resulted in fewer death sentences, with only 45 out of 274 cases resulting in the death penalty, concerns remain. Drug-related offenses continue to attract the death penalty, accounting for 49% of cases where the death penalty has been imposed or upheld since the new law took effect.
Regardless of the government 2018 moratorium on executions, there is no certainty of its continuation until the death penalty is completely abolished. Amnesty International is calling on the Malaysian government to indefinitely extend the moratorium and commute all death sentences, along with initiating legislative reforms to abolish the death penalty for drug trafficking and abolish legal presumptions of guilt.
of Dangerous Drugs Act 1952, originally created by the British colonial administration and amended in 1975 to include the death penalty for drug trafficking, remains a controversial issue. Despite the introduction of sentencing discretion in 2017, the use of legal presumptions that shift the burden of proof onto defendants continues to result in unfair trials.
Corporal punishment, another major concern, continues under the new legislative framework. Over half of those who have been spared the death penalty have been submissive compulsory flogging, a practice condemned as cruel, inhuman and degrading by international human rights bodies. Amnesty International recorded 142 men sentenced to flogging and imprisonment, underscoring the urgent need for legislative changes to abolish corporal punishment.
Access to legal counsel also remains problematic, with reports indicating that 46% of individuals accused of capital crimes appeared in court without representation, despite the existence of legal aid schemes.
Amnesty International RECOMMENDATIONS include extending the moratorium on executions, abolishing the death penalty for drug-related offenses, abolishing corporal punishment, ensuring fair trial standards, and publishing comprehensive data on the use of the death penalty. The organization also calls on Malaysia to ratify the Convention Against Torture and support the UN General Assembly resolution for a moratorium on the death penalty.
The abolition of the mandatory death penalty in Malaysia represents a positive step towards reform, but important issues remain. The government must address these systemic flaws to bring its practices into line with international human rights standards and move toward the complete abolition of the death penalty.
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