Abolition of the Mandatory Death Penalty: A Turning Point in Criminal Justice and Human Rights in Malaysia

The Criminal Justice System and Human Rights in Malaysia reached their defining moments on 4 July 2023 through the implementation of the Abolition of Mandatory Death Penalty Act 2023. Other alternative forms of non-lethal punishments substitute the death penalty, keeping in mind that the punishments are subject to the discretion of the judges. 

The death penalty is viewed as a punishment method that violates the right of a human to live. While many countries have opted to ban Capital Punishment, some still hold on to this primitive way in order to deter and punish wrongdoers.

During the Regional Conference on Prison Reform by the Human Rights Commission of Malaysia (SUHAKAM) the importance of rehabilitation and reintegration programmes for prisoners, the need for adequate healthcare and mental health services in prisons, the promotion of human rights and dignity of prisoners, and the role of education and vocational training in reducing recidivism were discussed. The idea of using a rehabilitative and restorative approach in dealing with inmates showed significant differences in the recovery of prisoners and the rate of recidivism.

The United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules) is a standard that all prisons should subscribe to for its best practices on the treatment of prisoners and inmates. All prisons must aim to adhere to Rule 1, which states, “All prisoners shall be treated with respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman, or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers, and visitors shall be ensured at all times.” 

The abolition of the mandatory death penalty will make a radical change to the governance of our country in terms of the administration of Criminal Justice, making it more in line with the prison reform that we ought to make in order to make this country a better place for all its inhabitants.

Written by: Priyadarshini Nadaraj