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