[14], Treason.Waging war against Malaysia or offenses against the person of any Malaysian federal or federated head of state is punishable by death. [22] U.N.G.A., 63rd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. In its 2018 Question of the Death Penalty Report, the U.N. Secretary General reported to the U.N. Human Rights Council that in November 2017, Malaysia introduced discretionary sentencing when persons convicted of transporting drugs cooperate with law enforcement. Families of murder victims would get a sense of closure knowing the person who took the life of their loved one would not be afforded the same opportunity again. 20, Court of Appeal of Malaysia, 2006; Sanusi bin Ismail v. Public Prosecutor, No. [35], Comments.Very little, if any, information is available to determine crimes for which individuals were executed recently. A/73/PV.55, Dec. 17, 2018. Report of the Secretary General, para. Article 5(1) states that no person may be deprived of life save “in accordance with law.” Article 119(3)(b) excludes death-sentenced persons from the right to vote. [3] Amnesty Intl., Death Sentences and Executions in 2018, p. 23, ACT 50/9870/2019, Apr. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Nov. 18, 2012. The Justice Department, under Attorney General William Barr, who stepped down earlier this week, resumed the use of the federal death penalty earlier this year following a 17-year hiatus. Malaysia Death Penalty Shamini Darshni Kalimuthu, Executive Director of Amnesty International Malaysia, seeks during a press conference in Petaling Jaya, Malaysia, Thursday, Oct. 10, 2019. [4] Criminal Procedure Code of Malaysia, art. [20] Once the death sentence has been passed, the sentence shall be passed on to the chief minister of the state where the judgment was given where a note about the evidence used in the case and a report about the judges opinion of the sentence would be included. [15] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. [7] Joint Action Group Against Violence Against Women, Memorandum to the Special Select Committee on Penal Code (Amendment) 2004 and Criminal Procedure Code (Amendment ) 2004, pp. of State, 2009 Human Rights Report: Malaysia, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135998.htm, Mar. 11, 2010. [28], Drug Trafficking Not Resulting in Death. [25] U.S. Dept. The Death Penalty vs. Life Incarceration: A Financial Analysis By Torin McFarland, Class of 2017 ABSTRACT In the 32 states in the Union where the death penalty is legal, as well as the federal government, the death penalty has grown to be much more expensive than life imprisonment, whether with or without parole. The most rigorous cost study in the country found that a single death sentence in Maryland costs almost $2 million more than a comparable non-death penalty case. In drug trafficking cases, the Court of Appeal appears to restrict a finding of drug trafficking to cases where there is absolute, corroborated proof of the actual event of a drug transaction. [5], Terrorism-Related Offenses Not Resulting in Death.Unlawfully possessing firearms or explosives in a designated security area; supplying, receiving, or preparing to supply or receive firearms in a designated security area; or consorting with individuals who perform such acts, is punishable by death. Amendments to Singapore’s death penalty laws. B-05-81-2000, Court of Appeal of Malaysia, 2004; Public Prosecutor v. Suhaimi bin Aziz, No. The cost of carrying out a death sentence is more than that of carrying out the life imprisonment sentence by a factor of 2 to 5, some say 10, because carrying out a death sentence involves endless appeals, many expensive procedures like DNA testing, and others which drag on for years, even decades! [23] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp.16-17, U.N. Doc. [11] In practice they are not always able to secure effective representation. [21] A. Ruban, Brothers executed despite pending clemency appeal, http://www.themalaymailonline.com/malaysia/article/brothers-executed-despite-pending-clemency-appeal, Malay Mail Online, Mar. 57(1), 59(1), 59(2), 1960, revised 1972. It is unclear that capital defendants are always able to obtain representation. 73rd session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, para. Other judgments suggest that in some cases the Court of Appeal finds ways to avoid the mandatory death penalty. Kulasegaran said PGA Malaysia will hold a two-day seminar on the death penalty on Oct 30 and 31, which will feature lawmakers from other countries in the region and in addition, de facto law minister Datuk Liew Vui Keong and Dewan Rakyat speaker Datuk Mohamad Ariff Md Yusof will both speak at the event. [18] However, such cases, as well as a case where “jealousy” was interpreted as “insanity” to preclude criminal liability for a husband’s brutal murder of his wife, could also be interpreted as a permissive attitude towards some honor killings. The death penalty is currently retained for 33 offences in Malaysia, including 12 for which it is the mandatory punishment, and in recent years has been used mostly for murder and drug trafficking. [32] Defendants facing capital charges in Malaysia have the legal right to an attorney at public expense. In the working group's report, several nations commented on the fact that Malaysia still has the death penalty and suggested that the death penalty be abolished or that a moratorium on the death penalty be recognised. By … [11], On 10 October 2018, Liew Vui Keong, the minister in charge of law in the Prime Minister's Department, announced that the Malaysian Government would abolish the death penalty. [6] Internal Security Act of Malaysia, arts. Consequently, public opinion about the death penalty has relatively changed in the recent years though this concept has less support unlike mid-1990s. [8] Status, Declaration, and Reservations, Conv. [30] [7] In 2017, the Malaysian parliament passed an amendment to the Dangerous Drugs Act, 1952, removing the mandatory death penalty for those convicted of transporting, sending, or delivering a prohibited substance who also co-operated with law enforcement in disrupting drug trafficking activities. The first was the Human Rights Commission of Malaysia (SUHAKAM). Death Penalty In Malaysia 1555 Words | 7 Pages. Internal Security Act of Malaysia, arts. [2] Charles Hector, Malaysia Blindly Accepts Myths Propagated by Death Penalty Retentionists, The Malaysian Bar, http://www.malaysianbar.org.my/index2.php?option=com_content&do_pdf=1&id=3433, Jul. Some of the nations that recommended this included Spain, Switzerland, Argentina, Belgium, Costa Rica and Kazakhstan. - Weapons Trafficking: Trafficking in firearms, or possessing more than two firearms illegally, is punishable by death. At least 1,100 new death sentences across 17 countries were known to have been imposed, a slight increase from the total of 1,037 recorded the previous year. [7] Ida Nadirah Ibrahim, Minister: Putrajaya to abolish death penalty, Malay Mail, https://www.malaymail.com/s/1681448/minister-putrajaya-to-abolish-death-penalty, Oct. 10, 2018. [25], The abolition of the death penalty has started to gain momentum in Malaysia. When someone Is executed who killed a family member, vengeance is a part of the emotions that everyone feels. A total of 1634 persons were executed. [13] See, e.g., Anderson v. Prosecutor, W-05-46-2000, Court of Appeal of Malaysia, 2004. For example, the average cost of this case is almost $2.5 million (Goodman). [15], Military Offenses Not Resulting in Death.Abetting mutiny, if the mutiny is carried out, is punishable by death. Death row inmates are kept in a variety of prison locations, including Pengkalan Chepa prison, Puncak Borneo prison, and Kajang women’s prison. There have also been suggestions by those in the executive for a re-appeal of the death sentence for drug trafficking. [15] U.S. Dept. Other participants must be punished by death if they cannot prove they took all reasonable measures to prevent the weapon from being discharged. Malaysia announced a moratorium on executions and a review of its death penalty laws. [23] The difference in amount was 10.21 grams. of State, Country Reports on Terrorism 2008: Malaysia, http://www.state.gov/s/ct/rls/crt/2008/122413.htm, Apr. A/63/PV.70, Dec. 18, 2008. 3(A), 1971. The case had been read as a test case for the country under the Pakatan Harapan government. Gunasegar Pitchaymuthu was convicted of murder, an offence which attracts the mandatory death penalty in Malaysia. Of the various non-governmental organisations that made a submission for the review, three had an extract about the death penalty. [19], Comments.While Malaysia does permit the application of Shariah law in Islamic courts, only the High Court, which applies only the civil and criminal law of Malaysia, may try capital cases. 29, 2007. Most of them were for drug related offences. [8] Hazsyah Abdul Rahman, Minimum 30-years imprisonment to replace death penalty, New Strait Times, https://www.nst.com.my/news/government-public-policy/2018/10/421308/minimum-30-years-imprisonment-replace-death-penalty, Oct. 14, 2018. 30, 2009. NG, Appeal Rejected, ex-Driver to Hang, The Star Online, http://thestar.com.my/news/story.asp?file=/2006/12/13/courts/16300826&sec=courts, Dec. 13, 2006. In Oregon, similar findings showing the cost of death penalty vs life in prison found that maintaining the death penalty creates a significant financial burden for taxpayers of about 2.3 million dollars yearly that include incarceration costs. [23] Internal Security Act of Malaysia, arts. 54-71 U.N. Doc. Child Act of Malaysia, art. It seems like death penalty should be abolished based on the three points given above as we have discussed. ... Case for and Against the Abolition of the Death Penalty. See e.g. 12, 2018. 36, U.N. Doc. [11] U.S. Dept. [14] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. [29] Dangerous Drugs Act of Malaysia, art. [41]. 39(B), 1952, revised 1980. [27] Firearms (Increased Penalties) Act of Malaysia, art. 15, 2008. 25, 2016. 11, 2017. [8] Currently, death penalties are carried out in Malaysia through hanging and the penalty is used for a variety of offences. 11, 2010. 2, 2007. 20, 2019. [4][5][6], In 10 December 2019, Law Minister has announced that a high-anticipated proposal on alternatives to the death penalty will be submitted in January 2020, allowing judges a discretion in certain serious crimes. 95-96, U.N. Doc. A/62/658, Feb. 2, 2008. 277, 1935, amended by Act 593 of 2006. Also, the death penalty has a negative effect on African American culture. 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