Media Statement – 20/12/2024
Malaysia votes in favour again in 2024 UNGA Resolution for moratorium on executions pending abolition of death penalty
Resolution that has been gaining more and more support, and finally manages to secure the support of more than 2/3 UN member States in 2024
MADPET (Malaysians Against Death Penalty and Torture) applauds Malaysia’s continued commitment to the abolition of death penalty, as Malaysia again on 17/12/2024 voted in favor at the plenary session of the UN General Assembly (UNGA) for the resolution calling for a moratorium on executions pending abolition of the death penalty.
This year is significant, as it is the first time this Resolution has managed to get more that two third support from the 193 UN member States. 130 UN member states voted in favor of the resolution, while 32 voted against and 22 abstained.
This outcome also affirms the global trend towards the abolition of the death penalty.
In 2022, there were 125 votes in favor (2 more than in 2020), 37 votes against, 22 abstentions and 9 absent. When the Resolution was first tabled on 18/12/ 2007, the UN General Assembly (UNGA) passed this resolution calling for "a moratorium on executions" by an overwhelming majority of 104 votes in favor, 54 against and 29 abstentions. Since then, the number of votes in favor has been growing, until it achieved 130 in 2024, the 10th time the Resolution has been adopted.
Malaysia began voting in favor of this Resolution in 2018, and this stance have not changed as Malaysia voted in favor in 2020, 2022 and again now in 2024.
Moving ASEAN towards abolition of Death Penalty
As the current ASEAN Chair, it is hoped that Malaysia will be able to convince the 10 ASEAN member nations to also agree to impose a moratorium on all executions pending abolition of the death penalty. Malaysia, Philippines, Myanmar and Cambodia already voted in favour. Thailand, Indonesia, Laos and Vietnam abstained. Only Singapore and Brunei voted against. Hopefully, Malaysia will be able to get at least two third of ASEAN member states to vote in favour at the next upcoming UNGA Resolution in 2026.
866 escaped Death Row since abolition of Mandatory Death Penalty – But still some remain
Since Malaysia enacted the Abolition of Mandatory Act 2023(which came into force on 4/7/2023) and the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023(which came into force on 12/9/2023), it has had the effect of saving 814 individuals from death row, who had their death sentences replaced with imprisonment and whippings by the Federal Court.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said also revealed that the abolition of mandatory death penalty, also resulted in the appellate courts replacing the death penalty with imprisonment in about 52 cases. (Malay Mail, 6/11/2024)
However, a problem remains as the Federal Court in reviewing the death sentence still decided to maintain the death sentence for some cases. Further, the courts are still sentencing the convicted to death. Azalina noted that 18 individuals received new death sentences — 12 from the High Court and six from the Court of Appeal.
Thus, until Malaysia totally abolishes the death penalty, there will be NEW people ending up in death row waiting to be hanged to death.
Given that Malaysia has already abolished life imprisonment, when it abolished the mandatory death penalty – Malaysia cannot simply keep death row prisoners until they die as that will be akin to life imprisonment.
A solution needs to worked out to ultimately close death row down for good. Should there be a law that will require courts to review sentences of persons on death row every 2 years? Should there be a law that commutes death sentence to imprisonment?
Thus, MADPET calls on Malaysia to take the next step and totally abolish the death penalty. For the immediate next step, Malaysia may want to abolish death penalty for offences where the perpetrator does not kill or rape-kill the victim; and
MADPET reiterates the call for the abolition of the death penalty, and the continuation of the moratorium on executions pending abolition.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
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
UN General Assembly passes resolution calling for global moratorium on death penalty
The United Nations General Assembly (UNGA) has passed a resolution calling for a global moratorium on executions, marking a significant step toward the abolition of the death penalty Amnesty International on Wednesday.
In a vote on December 17, 2024, 130 UN member states—more than two-thirds of the membership—supported the resolution, while 32 voted against and 22 abstained.
The resolution, the tenth of its kind since 2007, was introduced by Argentina and Italy on behalf of an Inter-Regional Task Force and co-sponsored by 70 states. Support for the resolution has steadily grown, with countries such as Antigua and Barbuda, Kenya, Morocco, and Zambia voting in favor for the first time.
Several others, including Gabon, Bangladesh, and the Democratic Republic of the Congo, shifted their positions positively compared to the last vote in December 2022.
However, some states changed their stance negatively. Guinea and Uganda abstained after supporting the resolution in 2022, while Mauritania and Papua New Guinea moved to vote against it. Five countries, including Dominica and Syria, were absent from the latest vote.
Amnesty International described the vote as a pivotal moment in the global movement to abolish the death penalty. Chiara Sangiorgio, the organization’s death penalty expert, noted the increasing consensus among states to reject executions as incompatible with human rights.
Sangiorgio acknowledged the moral and political significance of the resolution while expressing concerns over language affirming state sovereignty in criminal penalties, which could undermine progress.
Despite the resolution’s growing support, Amnesty highlighted ongoing concerns about executions in countries such as Iran, Saudi Arabia, and the United States, urging states retaining the death penalty to take immediate steps toward its abolition.
Since 2007, the number of UN member states classified as abolitionist for all crimes has risen from 90 to 113. The resolution’s backers emphasized the importance of continued dialogue and accountability to ensure global progress toward ending capital punishment. - ShiaWaves, 19/12/2024
Global: UN member states move closer to rejecting death penalty as lawful punishment under international law
In a landmark vote, more than two thirds of the UN membership have supported the UN call for the establishment of a moratorium on executions with a view to abolishing the death penalty. The vote took place at the plenary session of the UN General Assembly (UNGA) on 17 December 2024.
Following the announcement, Chiara Sangiorgio, Amnesty International’s expert on the death penalty, said:
“This vote marks a major turning point for countries around the world and proves that UN member states are steadily moving closer to rejecting the death penalty as a lawful punishment under international human rights law. The support from states for the death penalty looks very different from when international treaties allowing for its retention were first adopted. The unprecedented support for this resolution shows that the global journey towards abolition is unstoppable.
“These resolutions carry considerable moral and political weight, ensuring that the way in which this cruel punishment is used will continue to be scrutinized. Those voting in favour of the call for a moratorium on executions now represent a two third majority of all countries, having risen from 104 in 2007 to 130 this year. In a hugely positive move, this year’s vote saw Antigua and Barbuda, Kenya, Morocco and Zambia vote in favour of the call for a moratorium for the first time, reflecting steady advances and dialogues towards abolition at national level.
This vote shows a developing consensus among states towards rejecting executions as a practice compatible with the protection of human rights.
Chiara Sangiorgio, Amnesty International’s death penalty expert
“However, we regret the support given to language in the resolution reaffirming the sovereign right of each state to determine their own criminal penalties to justify the imposition of the death penalty. This language must be rejected as a matter of priority, as it weakens the spirit of UN resolutions as the standard to aspire to and has the only intention of stymieing human rights progress on an issue as important as the death penalty.
“Amnesty International has been campaigning for an end to the death penalty for close to five decades. This vote shows a developing consensus among states towards rejecting executions as a practice compatible with the protection of human rights. Despite alarming execution figures recorded in countries such as Iran, Saudi Arabia and the USA in 2023, the number of states that still carry out executions represents a small and isolated minority.
“Prompted also by this resolution, countries that still retain the death penalty must take immediate steps towards abolition, while all UN member states must bring accountability for the flagrant violations of the right to life that we are witnessing daily through executions.”
Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence, or other characteristics of the individual; or the method used by the state to carry out the execution.
Background
- 130
UN member states, more than two-thirds of the UN membership, voted to
adopt the tenth resolution on a moratorium on the use of the death
penalty, while 32 voted against the proposal and 22 abstained. This
resolution was proposed by Argentina and Italy on behalf of an
Inter-Regional Task Force of member states and co-sponsored by 70
states.
- Support for the resolution has increased since it was last adopted
by the plenary session in December 2022. Several states changed their
vote positively compared to then. Antigua and Barbuda changed its vote
from against to in favour. Gabon, Kenya, Morocco and Zambia voted in
favour, after abstaining in 2022; and the Bahamas, Bangladesh and the
Democratic Republic of the Congo changed from against to abstention. Sao
Tome and Principe, Seychelles, Somalia and Vanuatu voted in favour,
after not voting at the plenary two years ago.
- Several countries negatively changed their position. Guinea and
Uganda changed from vote in favour in 2022 to abstention this year.
Mauritania and Papua New Guinea moved from abstention to vote against.
- Dominica, Grenada and Syria, which had voted against in 2022, as
well as the Central African Republic and Marshall Islands, which had
voted in favour in 2022, were not present at yesterday’s vote. Comoros
abstained, after it was not present in 2022.
- Since 2007, the UNGA has adopted ten resolutions calling for the
establishment of a moratorium on executions with a view to abolishing
the death penalty, with increased cross-regional support.
- The number of countries classified by Amnesty International as
abolitionists for all crimes has grown from 90 in 2007 to the current
figure of 113. - Amnesty International , 18/12/2024