Govt Forms Special Task Force To Conduct Study On Abolishing Death Penalty - Kulasegaran

KUALA LUMPUR, Nov 13 (Bernama) -- The government is setting up a special task force to study the status and direction of the death penalty in Malaysia, including the possibility of abolishing it completely, said Deputy Minister in the Prime Minister's Department (Law and Institutional Reforms) M. Kulasegaran.

He said the task group will cooperate with the Malaysian Criminal Law Reform Committee (CLRC) and involve the government, legal bodies, academics, criminal law experts and non-governmental organisations (NGOs).

"The main objective of this study is to ensure any government decision regarding the status of the death penalty in Malaysia is made based on an evidence-based approach.

"This study will include doctoral research, holistic engagement sessions, as well as the views of local and international criminal law experts, including family members of victims and prisoners,” he said during the question-and-answer session in the Dewan Rakyat today.

He was replying to a question from Ramkarpal Singh (PH-Bukit Gelugor), who wanted to know if the government plans to totally abolish the death penalty in the near future and whether appropriate studies will be carried for that purpose.

Kulasegaran said the move to establish the special task force was a continuation of the legal reforms implemented through the Abolition of Mandatory Death Penalty Act 2023 (Act 846), which abolished the mandatory death penalty for 11 criminal offences and introduced judicial discretion in imposing the death penalty or a prison sentence of 30 to 40 years.

"A death penalty review mechanism has also been established through the Federal Court’s Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847), providing space for former prisoners to apply for a review in the Federal Court,” he said.

However, he said the death penalty remains in the Malaysian legal system, depending on the judge’s discretion after taking into account the facts and circumstances of the case, while the moratorium on the execution of the death penalty agreed to by the government in 2018 remains in effect until a final policy decision is determined.

He said the government is also of the opinion that the total abolition of the death penalty requires further study, taking into account the balance between public interest, justice for victims and human rights principles.

Kulasegaran said the study is expected to begin in January next year and is planned to run for four months, although this period may be extended if necessary.

He said that as of Tuesday (Nov 11), there were 97 death row inmates, including 38 awaiting appeal in the Court of Appeal, nine awaiting appeal in the Federal Court and 50 who had exhausted all stages of appeal and are eligible to apply for clemency.

Replying to a supplementary question from Datuk Mas Ermieyati Samsudin (PN-Masjid Tanah), regarding Malaysia's direction compared to other countries, like the Philippines, Thailand and Indonesia, Kulasegaran said the government's policy is to conduct in-depth research after a decision is made, including the moratorium period since 2018, to ensure that any action taken is done comprehensively and based on evidence.

-- BERNAMA