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
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
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
