It has been one year since Malaysia repealed the mandatory death penalty, however, Amnesty International has highlighted ongoing violations of international human rights standards.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 led to a significant reduction in death sentences and a decrease of over one-third in the death row population. Yet, Amnesty International’s assessment reveals that Malaysia’s use of the death penalty and alternative punishments continues to breach international law.

The revised legislation allows judges to impose discretionary sentences, including imprisonment terms of 30-40 years and whipping, for crimes previously mandatorily punishable by death. While this has resulted in fewer death sentences, with only 45 out of 274 cases resulting in capital punishment, concerns remain. Drug-related offenses continue to attract death sentences, constituting 49% of cases where the death penalty was imposed or upheld since the new law came into effect.

Despite the government’s 2018 moratorium on executions, there is no assurance of its continuation until the full abolition of the death penalty. Amnesty International urges the Malaysian government to indefinitely extend the moratorium and commute all death sentences, alongside initiating legislative reforms to remove the death penalty for drug trafficking and abolish legal presumptions of guilt.

The Dangerous Drugs Act 1952, initially established 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 onto defendants continues to result in unfair trials.

Corporal punishment, another grave concern, persists under the new legislative framework. Over half of those spared the death penalty have been subjected to mandatory whipping, a practice condemned as cruel, inhuman, and degrading by international human rights bodies. Amnesty International recorded 142 men sentenced to whipping and imprisonment, highlighting the urgent need for legislative amendments to abolish corporal punishment.

Access to legal counsel also remains problematic, with reports indicating that 46% of individuals charged with capital crimes appeared in court without representation, despite the existence of legal aid schemes.

Amnesty International’s recommendations include extending the moratorium on executions, repealing 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 on a moratorium on the death penalty.

The abolition of the mandatory death penalty in Malaysia represents a positive step towards reform, but significant issues persist. The government must address these systemic flaws to align its practices with international human rights standards and move towards the full abolition of the death penalty.