Indefinite extension of execution moratoriums needed: Amnesty

 

Amnesty International said its monitoring of judicial decisions in capital cases in Malaysia since the repeal of the mandatory death penalty indicates an urgent need for the authorities to indefinitely extend the 2018 official moratorium on executions.

In a statement today, the human rights group said figures it recorded in the first six months since courts were granted full sentencing discretion showed a significant decrease in the number of death sentences imposed or upheld by the courts.

However, Amnesty claimed that the cases identified during this period also gave rise to concerns that systemic flaws and violations of international human rights law and standards continued to be present in the country’s use of the death penalty, as well as its alternatives, under the amended laws.

“The assessment of the outcomes in capital cases that Amnesty International has been able to record between July 4, 2023, and Jan 4, 2024, pointed to a significant reduction in the courts’ overall use of the death penalty.”

It cited that the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023 (Act 847), which came into effect on Sept 12, 2023, gave special jurisdiction to the Federal Court to resentence 1,020 individuals under the sentence of death or imprisonment for natural life who had already exhausted their ordinary judicial proceedings.

“According to figures released by Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said, all 1,020 eligible individuals had applied for resentencing by Nov 17, 2023,” said Amnesty.

Amended charges

Amnesty reviewed decisions related to cases involving 139 individuals during this period and of this total, 42 people (28 percent) had their charges amended to a lesser offence or were acquitted, in the High Court or on appeal.

In the remaining 97 cases, where defendants were convicted of a capital crime, only 26 (27 percent) resulted in the death penalty being imposed or upheld.

In other words, in 71 cases (73 percent) the alternative punishment to the death penalty was imposed at the High Court or through commutation on appeal.

Amnesty said discretion appeared to be embraced in favour of non-death penalty sentences proportionally more by appellate courts.

“The death penalty was imposed in an alarming 44 percent of recorded cases before the High Court, whereas this percentage reduced to 21 percent and 25 percent before the Court of Appeal and Federal Court (ordinary jurisdiction), respectively.

“Significantly, the offence of murder correlated to a higher number of cases where the death penalty was imposed or upheld − 18 out of 26 cases (69 percent),” it added.

It said although it is encouraging that sentencing discretion has resulted in fewer death sentences, it remains greatly concerning that the death penalty continued to be imposed for drug trafficking, in violation of international law and standards.

“Amnesty International recorded that a deeply worrying 31 percent of all cases in which the death penalty was imposed or upheld (eight out of 26) related to this offence.

“Noticeably, the majority of the recorded drug-related death sentences (six out of eight) were imposed by High Courts.”

Amnesty called on the government to introduce further legislative amendments to the Dangerous Drugs Act 1952 to bring it in line with international human rights law and standards, including repealing the death penalty and legal presumptions of guilt. - Mkini