government: federal parliamentary constitutional monarchy
state of civil and political rights: Partly free
constitution: 31 August 1957 (amended many times, latest in 2007)
legal system: based on English common law; judicial review of legislative acts in the Supreme Court at request of supreme head of the federation; Islamic law is applied to Muslims in matters of family law and religion;
legislative system: bicameral Parliament (Parlimen) consists of Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat)
judicial system: Civil Courts include Federal Court, Court of Appeal, High Court of Malaya on peninsula Malaysia, and High Court of Sabah and Sarawak; Sharia Courts include Sharia Appeal Court, Sharia High Court, and Sharia Subordinate Courts; decisions of Sharia courts cannot be appealed to civil courts
religion: Muslim 60.4%, Buddhist 19.2%, Christian 9.1%, Hindu 6.3, others
death row: 1041 as of 16/5/16 according to the Prisons Department
year of last executions: 0-0-0
death sentences: 0
international treaties on human rights and the death penalty:
Convention on the Rights of the Child (made reservation to Art.37 which prohibits the application of the death penalty to minors under eighteen)
The legal system in Malaysia is based on English Common Law. Islamic law is applied to Muslims in matters of family law and religion. In Malaysia capital crimes include murder, terrorist acts, treason, kidnapping, rape, armed robbery, burglary, military offences, drug trafficking and possession of arms.
The death sentence is mandatory for murder (section 302 of the Penal Code), for trafficking narcotics in various amounts according to the drug concerned (section 39B of the Dangerous Drugs Act 1952), and for discharging a firearm with intent to cause death or hurt while committing various crimes, even where no one is hurt (section 3 of the Firearms (Increased Penalties) Act 1971).
The Penal Code, under Section 302, makes the penalty for murder mandatory death by hanging. Malaysia imposes mandatory death sentences for other offences like terrorism, and for poisoning of the water supply causing death.
The Dangerous Drugs Act 1952, at Section 39B on possessing and distributing drugs, also carries a mandatory death sentence. Possession of 200 grams of cannabis is enough to put one away for a 20-year life sentence. Trafficking in more than 200 grams of dangerous drugs carries a death sentence.
A 1961 law on kidnapping prescribes a life sentence or the death penalty preceded by a whipping.
In January 2003 the death penalty was instated as mandatory punishment for rapists who cause death and child rapists. On March 6, 2007, a new amendment to the Malaysian penal code went into effect calling for the death penalty as a mandatory sentence for terrorist acts that cause death. Providing terrorists with ordinance, training, equipment or money, as well as offering terrorists refuge or hiding information concerning terrorists, all fall under the definition of a terrorist act. In investigating these crimes, police can process and arrest suspects without due process and there is no possibility of release on bail. In the event that the terrorist act does not cause death, the new law provides for prison terms ranging from 7 to 30 years.
On 13 November 2015, Attorney-General Tan Sri Apandi Ali said he would propose to the Cabinet that the mandatory death penalty be scrapped. He said mandatory death sentences were a “paradox” as it robbed judges of their discretion to impose sentences on convicted criminals. On 17 November, Minister in the Prime Minister’s Department Nancy Shukri said they were looking to table a motion during the Parliament seating in March 2016 to abolish the mandatory death sentence for drug-related offences. Such proposed reforms had already been announced in October of 2012.
The Malaysian High Courts only try criminal cases punishable with the death penalty. Death sentences issued by a High Court can be appealed at the Court of Appeal. If an appeal is unsuccessful a death row inmate can have resort to the Federal Court. The last resort is the State Pardons Board. The King alone is empowered to commute death sentences.
In general about two years pass between the passing of a death sentence and the execution of the person condemned. Some appeals processes however exceeded 10 years.
Top secret death
The carrying out of the death sentences is shrouded in secrecy, as dates of executions are not reported and details of those who have been or will be executed are not made public. Under current Malaysian law and practices arrested persons have no immediate access to lawyers, no immediate right to a phone call and no right to full pre-trial disclosure.
However, a change has been recorded in 2016.
On 29 March 2016, in a written reply to Puchong MP Gobind Singh, Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi said that there had been 12 executions from year 2010 till February 2016, while Hands off Cain recorded only 7 executions for the same period.
In October 2016, the Home Ministry had informed, for the first time with disaggregated data per year, the Parliament that Malaysia had executed 6 people in 2014, 1 in 2015 and 9 in 2016.
Furthermore, statistics from the Prisons Department showed that between 2010 and February 2016, the courts sentenced 829 prisoners to death for various crimes, including murder, drug trafficking, firearms trafficking and kidnapping, and 95 were pardoned or given reprieves, said Ahmad Zahid, who is also the Home Minister.
As of 30 April 2016, the government had stated that 1,042 people - comprising of 629 Malaysians and 413 foreign nationals were sentenced to death due to murder, drug trafficking, firearms trafficking or kidnapping. 649 of those sentenced to death have a case pending before courts and 393 are waiting for pardon.
In 2016, Malaysia imposed at least 36 death sentences, including 17 for drug-related offences of which 7 on foreign nationals according to Amnesty International.
Death penalty for blasphemy and apostasy
The legal system in Malaysia is based on English Common Law. Islamic law is applied to Muslims in matters of family law and religion. Despite contradicting federal law, the State governments of Kelantan and Terengganu passed laws in 1993 and 2002, respectively, making apostasy a capital offense. As well, the death penalty by stoning is sanctioned regionally but banned nationally.
On 19 March 2015, the Kelantan State Assembly unanimously passed a hudud (crimes against God) bill that would remove the caps currently set in place for Sharia punishments and would extend them to permit amputation for theft, stoning for adultery, flogging for alcohol consumption, crucifixion for armed robbery, and execution for apostasy. Although not applying to non-Muslims this law would deny any Muslim the opportunity to change to another religion. Anyone who chooses to renounce Islam and convert to another religion would be imprisoned for a period of time in order to repent. If the convert refused to repent, they would then be sentenced to death. In the state of Kelantan, Sharia courts run alongside the penal court system and are governed by state legislation rather than federal law.
Kelantan’s hudud bill was initially passed in 1993 but was prevented from being implemented after the federal government ruled that it was unconstitutional.
On 12 March 2014, in its written response to the recommendations received under the Universal Periodic Review of the UN Human Rights Council, the Government said that Malaysia was not in the position to commit to put in place an alternative to the death penalty and to establish a moratorium on its application. In clarifying, it said the Attorney-General’s Chambers was undertaking a comprehensive study to examine the legal and policy frameworks related to the application of the death penalty in the country.
On 19 December 2016, Malaysia voted against the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.