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Government forms task force to study abolishing death penalty

A special task force will study the complete abolition of the death penalty in Malaysia, building on recent legal reforms and maintaining the execution moratorium

KUALA LUMPUR: The government is establishing a special task force to study the status and direction of the death penalty in Malaysia, including the possibility of complete abolition.

Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms) M. Kulasegaran announced the initiative during today’s Dewan Rakyat session.

He said the task force will collaborate with the Malaysian Criminal Law Reform Committee and involve government agencies, legal bodies, academics, criminal law experts and 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,” Kulasegaran stated.

The comprehensive study will include doctoral research, holistic engagement sessions, and input from local and international criminal law experts.

It will also incorporate views from family members of victims and prisoners currently on death row.

Kulasegaran was responding to Ramkarpal Singh (PH-Bukit Gelugor), who inquired about government plans to abolish capital punishment completely.

The task force represents a continuation of legal reforms initiated through the Abolition of Mandatory Death Penalty Act 2023.

That legislation abolished mandatory death sentences for 11 criminal offences while introducing judicial discretion in sentencing.

Judges may now impose either the death penalty or prison terms of 30 to 40 years after considering case circumstances.

A death penalty review mechanism was also established through separate 2023 legislation.

This allows former prisoners to apply for sentence reviews in the Federal Court.

However, the death penalty remains within Malaysia’s legal system, subject to judicial discretion.

The government’s moratorium on executions, agreed in 2018, remains in effect pending final policy decisions.

Kulasegaran emphasized that complete abolition requires further study balancing public interest, victim justice and human rights principles.

The study is scheduled to begin in January 2025 and run for four months, with possible extensions if necessary.

As of Tuesday, 97 inmates remain on death row nationwide.

Thirty-eight are awaiting appeal in the Court of Appeal, nine in the Federal Court, and 50 have exhausted appeals and may seek clemency.

Responding to Datuk Mas Ermieyati Samsudin (PN-Masjid Tanah) about regional comparisons, Kulasegaran stressed the government’s evidence-based approach.

He noted the importance of comprehensive research following the moratorium period since 2018. – Bernama

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