MALAYSIA HAS A FELONY MURDER RULE SINCE 1953 ,IN ADDITION,BEARING FALSE WITNESS,RESULTING IN AN INNOCENT VICTIMS CONVICTION AND EXECUTION IS PUNISHABLE BY DEATH.PEOPLE EXECUTED BY MALAYSIA BY HANGING. MALAYSIA STILL PRACTISES THE DEATH PENALTY AND AS LAST YEAR THERE WERE 114 DEATH SENTENCES WITH ANOTHER 744 PERSON ON DEATH ROW.
Malaysia has executed 12 out of a total 829 people who were sentenced to death since 2010, the Home Ministry said.In a written parliamentary reply to Puchong MP Gobind Singh Deo, the ministry added that 95 others have received either a royal pardon or had their death sentence commuted.“The sentence has been handed out due to the offences of murder, drug trafficking, smuggling firearms, and also kidnapping,” the ministry said.Gobind had asked the government to give a breakdown on the death sentences meted out since 2010.
Malaysia is now one of just seven countries worldwide that executes people for drug-related crimes. Yet after all these years of executions, the number of drug users continue to rise. We should hold no illusions about the mandatory death penalty. It doesn’t work. It’s time to drop it, completely, not in some half-baked way. And surely the decision to spare a life should not rest on whether someone “assisted” the authorities enough.Capital punishment is a legal penalty in Malaysia.The
Criminal Justice Act 1953 is a Malaysian law which enacted relating to
penal servitude, methods of imprisonment and whipping; and for purposes
3 provides that a sentence of imprisonment for life is deemed as 30
years imprisonment. Previously, a life sentence was deemed to be 20
years until the Act was amended by the Criminal Justice (Amendment) Act
2007. However, there are some Acts (e.g. Firearms (Increased Penalties)
Act 1971) that provides for the imprisonment for the duration of the
natural life of the person sentenced, notwithstanding Section 3 of the
Criminal Justice Act 1953.It
is a mandatory punishment for murder, drug trafficking, treason, and
waging war against Yang di-Pertuan Agong (the King). Recently, the law
has been extended to include acts of terrorism. Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face the death penalty.Abolitionists around the world have been quoting the late Gandhi that ‘An eye for an eye will make the whole world go blind’ effectively in some countries but not so in Malaysia.The abolitionists argue that the death penalty is never a superior deterrent because murder and drug trafficking happen from time to time.The worst case scenario is that an innocent man may be executed and when that happens, the sentence is irreversible, they point out.The very few conservative countries are adamant about keeping the death penalty, especially as punishment for murder, drug trafficking and illegal possession of firearms.Malaysians who support the abolitionists around the globe have suggested the country can go slow in changing the mindset of the people and/or public opinion by first urging the authorities to start making the death penalty discretionary for judges presiding over drug trafficking cases.Later, the judges may proceed to invoke their discretionary powers in murder cases.Discretion, the abolitionists suggest, may call forth some kind of compassion.However most Malaysians note that compassion can also come in the form of a pardon by the King.. Since January 2003, the death penalty in Malaysia has been a mandatory punishment for rapists that cause death and child rapists. A 1961 law states that kidnapping carries a life sentence or a death sentence, preceded by a whipping.Only High Courts have jurisdiction in capital cases. Appeals to the Court of Appeal and the Federal Court are automatic. The last resort for the convicted is to plead pardon for clemency. Pardons or clemency are granted by the Ruler or Yang di-Pertua Negeri (Governor) of the state where the crime was committed or the Yang di-Pertuan Agong if the crime was committed in the Federal Territories or when involving members of the armed forces. Death sentences are carried out by hanging as provided in Section 277 of the Criminal Procedure Code.Pregnant women and minors may not be sentenced to death. In lieu of the death penalty, women pregnant at the time of sentencing would have their sentences reduced to life imprisonment as provided by Section 275 of the Criminal Procedure Code, while juvenile offenders would be detained at the pleasure of the Ruler, Governor or Yang di-Pertuan Agong depending on where the crime was committed as provided by the Child Act 2001. Malaysia has been review twice by the United Nations Human Rights Council under the Universal Periodic Review (UPR). First in 2009 and the other in 2013. In 2009, Malaysia reported in their national report that the death sentence was only imposed on the most serious crimes and was in line with Article 6 of the ICCPR. They also held that there were several safeguards in place in the legal system that have to be met before a death penalty can be passed.Of the various non-governmental organisations that made a submission for the review, three had an extract about the death penalty. The first was the Human Rights Commission of Malaysia (SUHAKAM). In their report, they noted that they were against the death penalty and natural life sentences and recommended that such cases be reviewed by the Pardon Board.Amnesty International reported that although such a heavy punishment was being carried out, very little information about execution itself was actually made public. This included when the punished was set to be carried out, the person being punished and who had been executed.
Malaysia hangs three men for murder in 'secretive' execution in 2016.Malaysia has executed three men for murder, their lawyer said, in what rights groups called a “secretive” hanging in which the men’s families were given only two days notice.“The execution was done between 4:30 and 5:30 this morning,” lawyer Palaya Rengaiah . “They were hanged to death.”Gunasegar Pitchaymuthu, 35, Ramesh Jayakumar, 34, and his brother Sasivarnam Jayakumar, 37, were sentenced to the gallows after they were found guilty by the high court of murdering a 25-year-old man in a playground in 2005
Hanging is the oldest but most widely used method of execution in the world today. In 2017, at least 737 men and 9 women were hanged in twelve countries, down from 666 men and 8 women in twelve countries during 2016. These executions took place in Afghanistan, Bangladesh, Egypt, Iran, Iraq, Japan, Jordan, Malaysia, Nigeria, Palestine, Pakistan and Singapore. Iran also carried out a number of public hangings of men. Malaysia parliament removes mandatory death penalty for drug offenders on November 30,2017.The amendment to Section 39B of the Dangerous Drugs Act 1952 was made to serve public interest and for the good of the nation, said Minister in the Prime Minister’s Department Azalina Othman Said.The amendments were passed on the last day of the current Dewan Rakyat meeting via a majority voice vote after Putrajaya altered a provision in the amendment bill that was criticised by Opposition members and the Bar Council.Minister in the Prime Minister’s Department Datuk Seri Azalina Othman tabled an alteration to the bill to give full discretion to judges in sentencing drug convicts.The previous version of the amendment bill said that the judge could only exercise their discretion if the Public Prosecutor issued a certificate declaring that the convict had cooperated with authorities.The relevant section 39B of the amendment bill was alerted to remove the requirement of the certificate.The amendment bill however does not apply in retrospective for previous convictions.Attorney General Tan Sri Apandi Ali had also claimed earlier that his proposed amendment bill did not include the condition of a written certificate.Earlier, when tabling the bill for the second reading, Azalina said even though the government had taken various drastic measures, the statistics from the Royal Malaysia Police showed a high number of drug-related cases from January 2014 until October this year, with 702,319 individuals detained for trafficking and possessing drugs.She said during the same period, 21,371 arrests were made under Section 39B, and 13,036 investigation papers were opened with 10,878 cases brought to court.“What’s more worrying is that 1,743 of the arrests involved schoolchildren and 1,953 others, involved college and university students,”.Hanging remains the standard method of execution in many retentionist countries, notably Japan, Singapore, Malaysia, South Korea, India, Pakistan, Bangladesh, several African countries, including Botswana, Kenya and Zimbabwe, and some Middle Eastern countries including Iran, Iraq, Egypt, Jordan, Kuwait, Lebanon and Syria and in most Caribbean states. It is also a lawful method, as an option to lethal injection, in the American state of Washington which has carried out two hangings since the re-introduction of the death penalty in 1976.It was used extensively in Iraq under Saddam Hussein and continues to be the lawful method there under the new government which carried out 125 executions during 2017 according to official figures. Iraq uses the American style of hanging.Hanging originated as a method of execution in Persia (now Iran) about 2500 years ago for male criminals only, (women were strangled at the stake for the sake of decency!) It was the method of choice in many countries as it produced a highly visible deterrent without the blood and gore of beheading. In early times, it was considered ideal because it was the simplest method to carry out, did not give the condemned person a particularly cruel death (by the standards of the day), made a good public spectacle as the prisoner was above the level of the viewers and because the equipment was easy to come by - a tree, a piece of rope and a ladder or cart, being available everywhere. Unlike beheading there was no requirement for a skilled executioner. Beheading was the other most common form of execution, adopted as the sole means by some countries.There is no means of knowing how many people have hanged worldwide in the last 2,000 years but it is probably at least half a million. From 1800 and 1964, over 5,000 people suffered death by hanging in Britain. In America it is estimated that some 9,300 people including up to 356 women were hanged from the early 1600's up to 1996. Hanging was the normal form of execution in many countries up to the end of the 19th century when there was a general trend to abolition or to use supposedly more humane methods than the type of hanging used at that time (short drop). It was the standard method in Britain and its colonies and was widely used in France prior to the French Revolution and also in Germany and pre-communist Russia. It was the lawful method in all states of America up to 1890 and continued in some until suspension of the death penalty in 1968. Hanging was also used by many other countries that have since abolished capital punishment such as Australia, Austria, Canada, Czechoslovakia, Hungary, Ireland, New Zealand, Poland and South Africa. Hitler reintroduced it to Nazi Germany and very large numbers of prisoners were executed by this method in prisons, concentration camps and in the "field" by German soldiers between 1937 and 1945 (see The execution of women by the Nazis during World War II).
Malaysia has executed one Ahmad Najib Aris on Friday (Sept 23, 2016), at a time when Malaysia is in the process of abolishing the mandatory death penalty, and possibly the death penalty for some offences.Ahmad Najib Aris was found guilty of murder (Section 302 Penal Code) of one Ong Lay Kian (also known as Canny Ong).