Malaysians Against Death Penalty and Torture (Madpet) applauds Malaysia’s continued commitment to the abolition of the death penalty.
On 17 December, at the plenary session of the UN General Assembly, Malaysia again voted in favour of a resolution calling for a moratorium on executions pending the abolition of the death penalty.
This year is significant, as it is the first time this resolution has managed to get over two-thirds support from the 193 UN member states: 130 UN member states voted in favour of the resolution, while 32 voted against and 22 abstained.
This outcome also affirms the global trend towards the abolition of the death penalty.
In 2022, there were 125 votes in favour (two more than in 2020), 37 votes against, 22 abstentions and nine absentees.
When the resolution was first tabled on 18 December 2007, the General Assembly passed this resolution calling for “a moratorium on executions” by an overwhelming majority of 104 votes in favour, 54 against and 29 abstentions.
Since then, the number of votes in favour has been growing, until it achieved 130 in 2024, the 10th time the Resolution has been adopted.
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Malaysia began voting in favour of this Resolution in 2018, and this stance has not changed as Malaysia voted in favour in 2020, 2022 and again now in 2024.
Moving Asean towards abolition
As the current Asean chair, Malaysia hopefully will be able to convince the 10 Asean member nations to also agree to impose a moratorium on all executions pending abolition of the death penalty.
Malaysia, Philippines, Myanmar and Cambodia have already voted in favour. Thailand, Indonesia, Laos and Vietnam abstained. Only Singapore and Brunei voted against.
Hopefully, Malaysia will be able to get at least two-thirds of Asean member states to vote in favour at the next General Assembly resolution in 2026.
866 escaped death row since the abolition of the mandatory death penalty, but some still remain
Malaysia has enacted the Abolition of Mandatory Act 2023 (which came into force on 4 July 2023) and the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023 (which came into force on 12 September 2023).
These laws have had the effect of saving 814 individuals from death row. The Federal Court replaced their death sentences with imprisonment and whipping.
The Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said also revealed that the abolition of mandatory death penalty, also resulted in the appellate courts replacing the death penalty with imprisonment in about 52 cases. – Malay Mail, 6 November 2024
However, a problem remains as the Federal Court, in reviewing the death sentences, still decided to maintain the death sentence for some cases.
Further, the courts are still sentencing the convicted to death. Azalina noted that 18 individuals received new death sentences – 12 from the High Court and six from the Court of Appeal.
Thus, until Malaysia totally abolishes the death penalty, there will be new people ending up in death row waiting to be hanged to death.
Given that Malaysia has already abolished life imprisonment, when it abolished the mandatory death penalty, the country cannot simply keep death row prisoners until they die as that will be akin to life imprisonment.
A solution needs to worked out to ultimately close down death row for good. Should there be a law that will require courts to review the sentences of those on death row every two years? Should there be a law that commutes the death sentence to imprisonment?
Madpet calls on Malaysia to take the next step and totally abolish the death penalty.
For the immediate next step, Malaysia may want to abolish the death penalty for offences where the perpetrator does not kill or rape-kill the victim.
Madpet reiterates the call for the abolition of the death penalty, and the continuation of the moratorium on executions pending abolition.
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture.
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
