Malaysia: Abolition of Mandatory Death Penalty A Progressive Step Forward
June 30, 2022, Statements
Anti-Death Penalty Asia Network (ADPAN) welcomes the announcement by the Malaysian government that it will be reviewing and abolishing the mandatory death penalty in Malaysia.
The mandatory death penalty regime does not provide justice as it deprives judges of the discretion to sentence based on the situation of each individual offender. This regime has resulted in absurd sentences that have led to public outcries, such as those involving Hairun Jalmani, a single mother sentenced to death for drug trafficking in Tawau, and Mainthan Arumugam, a person on death row for a murder that never happened.
In addition to abolishing the mandatory death penalty, critical reform, including but not limited to mental health and criminal culpability; redefining drug offenses to account for drug mules and other exploited individuals within the drug trade; and strengthening rehabilitative justice and victim support system needs to be considered.
ADPAN reiterates our support for Malaysia’s abolition of the mandatory death penalty and calls on the Malaysian government to engage with key stakeholders and experts to support and further the systemic reform suggested by the Minister of Law.