Malaysians Against Death Penalty and Torture (Madpet) is appalled by Machang MP Wan Ahmad Fayhsal Wan Ahmad Kamal’s call on the government to study legal amendments to allow capital punishment to be imposed on drunk drivers who cause death.
A deterrent sentence may be required, but not the death penalty, which in Malaysia means a person is hanged.
Courts still meting out death penalty
Malaysia abolished the mandatory death penalty, but sadly, the death penalty remains in Malaysia.
The Abolition Of Mandatory Death Penalty Act 2023, which came into force on July 4, 2023, still gives the court the power to impose the death penalty - and sadly, Malaysian courts continue to hand out the sentence.
On March 10, 2026, for example, the Court of Appeal upheld the death sentences imposed on the Klang Valley couple involved in the 2020 Sibu “suitcase murder”.
On Jan 9, 2026, it was reported that a Malaysian-based Nigerian, Ibekwe Emeka Augustine, was sentenced to death by hanging for murdering a four-year-old boy in 2020.
“You are sentenced to death by hanging until you are dead. However, you have the right to appeal against the sentence at the Court of Appeal,” said High Court judge K Muniandy.
As a consequence, the number of death row inmates is increasing again.
When the mandatory death penalty was abolished, Malaysia also enacted the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023, which came into force on Sept 12, 2023, to enable the Federal Court to review the death sentence of those on death row.
It resulted in most death sentences being revised to imprisonment and whipping sentences. However, the Federal Court retained the death sentence for some.
On Nov 21, 2025, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said that a total of 863 inmates facing the death penalty have had their sentences commuted or reduced.
However, 49 remained on death row as of October 2024. The number of inmates on death row would have now increased.
End of the road for death row inmates
The major problem now is that the ability of the Federal Court to revise death sentences was only a temporary provision, and now, those on death row, and thereafter, no longer have this option of applying to the Federal Court to revise their death sentence.
This means the number of death row inmates will only increase with time.
Madpet calls for a law for death row inmates to apply to the court for their death sentence to be revised to an alternative sentence, avoiding any more persons being hanged to death.
The new Indonesian Penal Code (Kitab Undang-Undang Hukum Pidana Baru or KUHP Baru), which should have come into force on Jan 2, 2026, regarding the death penalty, now imposes a 10-year probationary period, during which good behaviour may lead to the death sentence being reduced to imprisonment.
Malaysia should totally abolish the death penalty, and until then, enact a law that ensures that the capital punishment is not carried out, requiring the court to periodically review death sentences, perhaps once every two to five years.
The review should take into account good behaviour and repentance, which may lead to a revision of the death penalty to a sentence of imprisonment. Forgiveness and second chances are matters that Malaysians accept.
Azalina previously said the government has formed a task force to reassess the country’s death penalty policy and long-term direction.
“The review is expected to be completed by January 2026, after which its recommendations, including the future of the execution moratorium, will be presented to the cabinet,” she said.
It is April 2026, and we have not yet heard anything.
Madpet hopes that Malaysia will abolish the death penalty, and in the interim, a law is enacted to speedily deal with the rising number of inmates on death row.
Death caused by road accidents
While Wan Fayhsal focuses on drunk driving, some of the causes of road accidents that resulted in deaths in Malaysia have been due to the failure of law enforcement and the government.
“The failure of the bus braking system, which was contaminated and inconsistent, combined with driving at speeds exceeding safe limits, led to a loss of vehicle control.
“Challenging road conditions, weaknesses in the design and installation of road barriers and the structural failure of the bus cabin further increased the severity of the impact and the resulting injuries,” said the Transport Ministry’s report on June 9, 2025, concerning a bus crash in Gerik, Perak, that killed 15 university students.
If the braking system failed, could any driver be reasonably blamed for speeding? Was the regular inspection of the bus’ roadworthiness properly carried out by the relevant authorities? Or did a lackadaisical attitude, or corruption, or compromise prevail?
“Apart from that, road markings have worn out, and guardrails are defective,” the report further stated.
It is sad that we do not see any criminal actions taken against the government and public officers, when their actions (or failures) may have caused road accidents that caused deaths.
Therefore, Madpet calls for the enactment of laws that impose criminal liability on even ministers (personally) and public officers, who, by their action or omission, contributed to and/or caused fatal road traffic or industrial accidents.
Driving under influence of alcohol or drugs
Driving under the influence (DUI) is and must be a crime, but it must also apply to drugs, and not just alcohol.
Does Malaysia now have an effective way of determining whether drivers are under the influence of drugs? Should laws be enacted barring drug users from driving until proven that they are no longer consumers? Focusing on alcohol only is just not enough in DUI cases.
Many countries impose the death penalty for a variety of offences, including corruption, but Malaysia should abolish the death penalty for all crimes instead of increasing the number of crimes in which capital punishment is applicable, including DUI causing death.
Clear justification for abolishing death penalty
Madpet is of the opinion that the death penalty is cruel, inhumane, violates the right to life, and there is a high possibility of miscarriage of justice, which can never be reversed if the convicted is already dead.
The death penalty goes against the religious values of Malaysians, where our faith or beliefs advocate for compassion, forgiveness, and second chances.
The death penalty also inadvertently makes all Malaysians murderers, as it is intentional killing by the state.
We again call for the total abolition of the death penalty in Malaysia, and a moratorium on executions pending abolition.
Madpet also calls on Malaysian political parties, MPs, and people’s representatives to make a clear public commitment to the abolition of the death penalty. - Mkini
CHARLES HECTOR is a Malaysians Against Death Penalty and Torture member.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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