Media Statement – 9/4/2025
From Death
Row to Life Imprisonment for Drug Trafficking – Government/Parliament Oversight
as Malaysia wanted to also abolish life imprisonment, and impose fixed term
imprisonment
Courts
still bound to follow law, and thus those convicted for Drug Trafficking end up
with Life Imprisonment if not Death until Parliament does needed amendments
For as long as Section 39B
Dangerous Drugs Act states that the punishment for drug trafficking ‘…shall be
punished on conviction with death or imprisonment for life…’, anyone convicted
of the offence will be sentenced to death, and, if not to imprisonment for life
plus whipping.
That means that the convicted will
be hanged to death, or languish in prison until death, and so it can be said to
still be a death penalty, be it expedited or delayed until one dies naturally
in prison.
As such, when even the Federal
Court, vide the Revision of Sentence of Death and Imprisonment for Natural Life
(Temporary Jurisdiction of the Federal Court) Act 2023, revised the death
penalty of drug traffickers, it had no choice but to impose life
imprisonment only – it could not sentence them to imprisonment for a term
between 30 years and 40 years as it could for all other death penalty offences.
Pope Francis previously stated that ‘Life imprisonment is a hidden death
penalty’.
That means that the majority on
death row, who were convicted drug traffickers, may have escaped death by
hanging, but is now subjected to life imprisonment, and this is just wrong.
It was previously reported that ‘Of
the 1,281 people on death row as of Feb 2019, 73 percent (935 people) were
convicted of trafficking illicit substances under Section 39(b) of the
Dangerous Drugs Act 1952 (DDA)…’(Malaysiakini, 10/10/2019).
This means that more than 70% convicted drug traffickers who had the death
penalty revised to imprisonment are now sentenced to life imprisonment, and
this is unacceptable and most unjust – more so after the realization most those
convicted for drug trafficking are not kingpins or crime bosses, but mere
mules, often young, poor, ‘duped’ and possibly first-time offenders.
It must be noted that the case Umi
Azlim Lazim, a 24-year-old university graduate, convicted for trafficking 2.9kg
of heroin into China, in May and was sentenced to death.(SCMP,
13/12/2007) and other cases finally opened the eyes of many in Malaysia
to the fact that those convicted for trafficking may simply be young, poor or
‘foolish’ persons that were duped, and that led to the thinking that a
mandatory death penalty may not be a JUST sentence. Umi’s sentence was
subsequently commuted to imprisonment as in China, all death sentences are
reviewed by the Supreme People’s Court. Sentences with a two-year reprieve may
be commuted to life imprisonment upon good behaviour.
Mandatory Death Penalty
for Drug Trafficking Was Abolished First in 2017
Mandatory death penalty was
abolished earlier in March 2018 for the offence of drug trafficking vide
Dangerous Drugs (Amendment) Act 2017, which thereafter 39B(2), read as
follows “(2) Any person who contravenes
any of the provisions of subsection (1) shall be guilty of an offence against
this Act and shall be punished on conviction with death or imprisonment
for life and shall, if he is not sentenced to death, be punished with
whipping of not less than fifteen strokes.”
When Malaysia abolished the
remaining mandatory death penalty and life imprisonment vide the Abolition of Mandatory Death Penalty Act 2023(AMDP
Act), which came into force on 4/7/2023, it abolished the mandatory death
penalty, and provided an alternative sentence of
"imprisonment for a term of not less than thirty years but not exceeding
forty years and with whipping”.
However, it failed to amend the
alternative life imprisonment sentence for drug trafficking (Section 39B(1) DDA
1952).
MADPET(Malaysians Against Death
Penalty and Torture) believes that it
was probably an oversight of the government and Parliament, and that means,
even if not sentenced to death, they will be sentenced to life imprisonment.
When the AMDP Act was introduced,
it was the government’s intention to not only abolish the mandatory death
penalty, but also life imprisonment.
Thus, MADPET calls on the
government and Parliament to speedily do the needful amendment, amending the
alternative sentence of ‘imprisonment for life’ to ‘of "imprisonment for a
term of not less than thirty years but not exceeding forty years’.
MADPET also calls for the
removal of the lower limit of the sentence, allowing Court the discretion to
impose a just sentence. Alternatively, the lower limit maybe should be 3 or 5
years. First time offenders duped into committing crime should be
imprisoned for a short period, and they. Trust in the Courts to impose a just
sentence.
It is a serious matter, as the
Courts are still sentencing those convicted for drug trafficking to life
imprisonment. On 7/1/2025, The Malaysian High Court sentenced a former air
steward and his two accomplices to life imprisonment for drug trafficking. “The
court sentences each accused to life imprisonment and 12 strokes of the
cane for the first charge and life imprisonment with six strokes of the
cane for the second charge.”(Malay
Mail, 7/1/2025)
Rightfully and reasonably,
Abolition Of Mandatory Death Penalty Act 2023 should have abolished that
imprisonment for life in that section 39B offence, and replaced the ‘imprisonment
for life’ with ‘imprisonment for a term of not less
than thirty years but not exceeding forty years and with whipping’.
Sadly, the 2023 Act failed to do
this for the Section 39B offence in the Dangerous Drugs Act 1952, and only just
amended the number of whippings, REDUCING the minimum whipping from ‘…not less
than fifteen strokes" to ‘…not less than twelve strokes".
Minister
in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri
Azalina Othman Said said 866 individuals received reduced sentences from the
Federal Court between Jan 1 and Oct 14, 2024. “Of that number, 52 were
prisoners at the appeal stage who were granted a reduction of their death
sentences to imprisonment. “Additionally, another 814 individuals were granted
a reduction of their death sentences to imprisonment (Malay Mail, 6/11/2024).
Unfortunately, the Minister did not reveal how many were for the offence of
drug trafficking, and they, as the law stands now, would have been sentenced to
imprisonment for life.
Yusoff
Rawther and many others are facing trials on charges of drug trafficking, so
when Parliament does the needed amendment, the new revised sentence should
apply to all crimes, even those committed before that new law comes into force.
If not, it will not apply to crimes committed earlier, and the courts will only
still be able to sentence them to death or life imprisonment.
Federal
Court Should Revise Again Convicted Drug Traffickers Serving Life Imprisonment
Due
to this oversight, the question arises whether those who were previously
sentenced to death, now sentenced to life imprisonment after Federal Court
revision ought to have their sentence revised again by Federal Court after
Parliament amends the Dangerous Drugs Act deleting ‘imprisonment for life’ and
replacing it for imprisonment within a certain range?
The
question also arises whether Revision of
Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of
the Federal Court) Act 2023, out to be amended to give PERMANENT
jurisdiction to the Federal Court to consider revising death or life
imprisonment sentences. Of concern are those who have had to be sentence to
life imprisonment for drug trafficking because of Parliament’s failure.
Periodic Review by Court
of Persons Still Facing Death Sentence
In China, following a death
sentence, the sentenced is reviewed after 2 years.
In Indonesia, the new Penal Code
(KUHP), adopted in late 2022 which will take into effect in 2026, states that
people sentenced to death under the new law would be given a probation period
of ten years, during which the death penalty can be commuted to life
imprisonment if the convict demonstrates ’commendable behavior ‘.
Hence, MADPET proposes that a
law be enacted that will give the Courts the right to review those still facing
the death penalty, after 2 years or more, to consider whether the death penalty
ought to be revised to a prison sentence, taking into consideration good
behavior, repentance and other factors. This is a solution, as there still
remains about 140 on death row, and the courts still will sentence people to
death so long as the law provides for Death Penalty. So, the number on death
row will increase, and Malaysia no longer wants to execute anyone.
It was revealed in Parliament
that between November 2023 and October 2024, the number of people on death row
dramatically declined from more than 1,300 to 140. (ALIRAN,
22/3/2025)
MADPET (Malaysians Against
Death Penalty and Torture) calls for a speedy amendment of the Dangerous Drugs
Act 1952 to substitute life imprisonment with "imprisonment for a term of
not less than thirty years but not exceeding forty years and with whipping”.
This is to prevent the injustice, of still having to be imprisoned until death,
even if one is spared the death penalty.
MADPET also
urges for the abolition of the sentence of WHIPPING, where it recently resulted
in death (Malaysiakini, 9/10/2024), or
alternately at least not stating any mandatory minimum number of
whipping that the convicted should receive. In light of the recent
tragedy at Pokok Sena Prison, SUHAKAM also called on the government to
immediately abolish all forms of corporal punishment, including those codified
in the Penal Code, the Criminal Procedure Code, the Prisons Act, and related
legislation. (SUHAKAM,22/10/2024)
MADPET reiterate for the total
abolition of death penalty, and a moratorium on executions pending abolition.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
39B Trafficking in dangerous drug (DANGEROUS DRUGS ACT 1952)
(1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Malaysia-
(a) traffic in a dangerous drug;
(b) offer to traffic in a dangerous drug; or
(c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.
(2)
Any person who contravenes any of the provisions of subsection (1)
shall be guilty of an offence against this Act and shall be punished on
conviction with death or imprisonment for life and shall, if he is not
sentenced to death, be punished with whipping of not less than twelve
strokes.
KL High Court hands life sentences to trio convicted of drug trafficking and cultivating cannabis
Judge
Datuk Azhar Abdul Hamid meted the sentences on K. Karthik, 40, former
factory manager C. Praveen, 35, and former salesman Muhammad Afiq Mohd
Ali, 26, after ruling that the defence had failed to raise a reasonable
doubt in their cases. — Reuters pic
Tuesday, 07 Jan 2025 5:03 PM MYT
KUALA
LUMPUR, Jan 7 — A former air steward and his two accomplices were
sentenced to life imprisonment and 18 strokes of the cane by the High
Court today after being convicted of trafficking 707.05 gm of marijuana
and cultivating cannabis plants four years ago.
Judge Datuk Azhar
Abdul Hamid meted the sentences on K. Karthik, 40, former factory
manager C. Praveen, 35, and former salesman Muhammad Afiq Mohd Ali, 26,
after ruling that the defence had failed to raise a reasonable doubt in
their cases.
“The
court sentences each accused to life imprisonment and 12 strokes of the
cane for the first charge and life imprisonment with six strokes of the
cane for the second charge.
“Both sentences will run concurrently from the date of their arrest on Dec 14, 2021,” the judge said.
Deputy
public prosecutor Syajaratudur Abd Rahman appeared for the prosecution,
while the three accused were represented by lawyers M. Mathavan, M.
Manoharan, and Mohd Yusoff Awang Lah, respectively.
Ten
prosecution witnesses and three defence witnesses, namely the accused,
testified during the trial, which began in September 2023.
On the
first charge, the trio were accused of jointly trafficking 707.05 gm of
marijuana at a condominium unit on Jalan Pantai Murni 7, Pantai Sentral,
Brickfields, at 10 am on Dec 14, 2021.
They
were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952,
which provides for the death penalty under Section 39B(2) of the same
Act, read together with Section 34 of the Penal Code.
They were
also charged with jointly cultivating cannabis plants at the same
location, date, and time under Section 6B(1)(a) of the Dangerous Drugs
Act 1952.
The offence is punishable under Section 6B(3) of the
same Act, read together with Section 34 of the Penal Code, which
mandates life imprisonment and not less than six strokes of the cane. —
Bernama - Malay Mail, 7/1/2025
Malaysia’s progress in death penalty reform and indefinite juvenile detention
Over 800 death row sentences commuted to imprisonment under new Act, says Azalina
Minister
in the Prime Minister’s Department (Law and Institutional Reform) Datuk
Seri Azalina Othman Said said 866 individuals received reduced
sentences from the Federal Court between Jan 1 and Oct 14, 2024. —
Bernama pic
By Muhammad Yusry
Wednesday, 06 Nov 2024 8:39 PM MYT
KUALA
LUMPUR, Nov 6 — More than 800 death row inmates in Malaysia have had
their sentences commuted to imprisonment under the new Death Penalty and
Life Imprisonment Review Act 2023.
Minister in the Prime
Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina
Othman Said said 866 individuals received reduced sentences from the
Federal Court between Jan 1 and Oct 14, 2024.
“Of that number, 52 were prisoners at the appeal stage who were granted a reduction of their death sentences to imprisonment.
“Additionally,
another 814 individuals were granted a reduction of their death
sentences to imprisonment through hearings under the Death Penalty and
Life Imprisonment Review (Temporary Jurisdiction of the Federal Court)
Act 2023 [Act 847], which came into effect on September 12, 2023,” she
said in a parliamentary written reply to Bukit Gelugor MP Ramkarpal
Singh Deo.
Ramkarpal
had asked the Prime Minister’s Department for the number of individuals
newly sentenced to death from January 1 to October 14 this year, and
the number of death penalty commutations during the same period.
Azalina noted that 18 individuals received new death sentences — 12 from the High Court and six from the Court of Appeal. - Malay Mail, 6/11/2024