Apex court begins review hearing for death row inmates

Review proceedings for seven inmates who were sentenced under mandatory death penalty laws began today at the Federal Court.

These are the first review proceedings since the implementation of the Revision of Sentence of Death and Imprisonment for Natural Life (Temporal Jurisdiction of the Federal Court) Act 2023 on Sept 12.

In a statement today, Minister in the Prime Minister’s Department (Law and Institutional Reforms) Azalina Othman Said said the seven were on death row after being found guilty under Section 39B of the Dangerous Drugs Act 1952 for drug trafficking.

The use of Section 39B has often been criticised because the law was often applied to drug mules rather than kingpins.

"Today is a historic day for the nation... This proves that the principle of restorative justice in Malaysia's criminal justice system is always maintained.

"This success also reflects the commitment of the government in promoting and defending human rights," she said.

Azalina also stressed that the death penalty still exists in Malaysia but it is no longer mandatory and can only be applied at the court's discretion.

The minister said there are 1,020 death row and life imprisonment inmates who are qualified to file applications for a review.

Several factors to be considered

As of Nov 9, the Federal Court has received 861 applications from death row inmates and 117 applications from inmates sentenced to life imprisonment.

"The courts will take into account a variety of factors including the age of the prisoner, health condition and the duration of imprisonment, among others," she added.

Azalina said the latest development was in line with the coalition government's commitment to ensuring that inmates are given a second chance to return to society and their families.

In April, the Dewan Rakyat passed laws which abolished the mandatory death penalty.

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