Death penalty easing a step towards ‘new Malaysia’ but worry over free pass for criminals remains

Malaysia’s move has raised hopes other Southeast Asian countries can follow suit

Reform reflects changing attitudes in Malaysia since 2010, with advocates saying good government reflects a duty to protect and improve lives rather than punish

Reading Time:5 minutes

Motorcyclists pass by the entrance of Sungai Buloh Prison, in Shah Alam, Malaysia, on April 3 2023. Photo: EPA-EFE

Published: 9:30am, 7 Apr 2023

Rizalni Mohamad, 46, missed his mother’s death – and has been unable to see his ailing father – while waiting out 17 long years on death row in Malaysia’s Perlis prison over a conviction for trafficking cannabis.

Then on April 3, Malaysia’s parliament repealed the mandatory death penalty for crimes including murder, treason, kidnapping, acts of terror and drug trafficking – Rizalni’s offence, giving him a glimmer of hope of release after a third of his life spent awaiting the gallows.

“Everyone inside the prison was very happy,” said his sister Hayati Mohamad, 42, after breaking the news to Rizalni.

Judges can still order the death penalty but the revision culls the “mandatory” death clause from sentencing rules, meaning more than 1,300 people in jail can ask for judicial review of their cases, or have hope of a commutation of sentences to 30-40 years’ imprisonment instead.

Singapore insists that capital punishment is an effective deterrent against serious crimes. Photo: AP

Until the move, Malaysia, alongside neighbouring Singapore, had some of the world’s harshest penalties for drug trafficking.

Amnesty International, which closely monitored the death penalty in Malaysia, reported that more than 120 prisoners were hanged for drug offences from 1983 to 1992, with an average of 15 to 16 executions per year between 1980 and 1996. A moratorium on executions has been in place since 2018.