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Malaysia - Compliance with the Convention on the Rights of the Child - Death Penalty - November 2024

Date: November 1, 2024
Country: Malaysia
Partner: World Coalition Against the Death Penalty
Issues: Death Penalty
Mechanism: UN Committee on the Rights of the Child
Report Type: List of Issues

In 2023, Malaysia abolished both the mandatory death penalty as well as the discretionary death penalty for 21 offenses. The death penalty remains an available but discretionary sentence for 15 offenses, including murder, drug trafficking, terrorism-related offenses, and treason. Although the Child Act prohibits courts from sentencing any person to death for an offense committed when the person was a child, the law authorizes indefinite detention of such persons at the pleasure of His Majesty if a court finds that they have committed what would otherwise be a death-eligible offense. 2023 resentencing laws do not appear to benefit these individuals. Moreover, juvenile offenders and children in conflict with the law who stand trial before the High Court may not enjoy the procedural safeguards available in Courts For Children under the Child Act. There is a possibility that juvenile offenders could still be sentenced to death for certain security-related and terrorism-related offenses.