KUALA LUMPUR – At least 40% of individuals were without legal representation when they were charged with capital offences, according to Amnesty International Malaysia.
The human rights watchdog said its data was based on media monitoring of 50 cases from the period of July 2023 to January 2024.
Amnesty International Malaysia executive director Katrina Jorene Maliamauv said that detainees having legal representation from the beginning of the criminal process could sometimes avoid unnecessary wrongful prosecution and convictions.
She highlighted the concern that suspects may be denied their rights from the moment of arrest.
This, she says, is especially a concern for foreigners or even Malaysians who may not understand Bahasa Malaysia or English when used in court.
Meanwhile, touching on the overall available statistics on the death penalty, Maliamauv said at least 1,275 individuals remained on death row in Malaysia.
Last year alone, Malaysia’s judiciary issued 38 death sentences – 20 for drug-related crimes while 18 were for murder.
“Not only is the continued sentencing to death for drug-related offences in Malaysia unlawful under international law and standards, but it also disproportionately affects those from more disadvantaged backgrounds, already facing intersecting forms of discrimination,” Maliamauv told a press conference after launching Amnesty’s global report on Death Sentences and Executions, here this afternoon.
Currently, although Malaysian courts can and have been using their discretion to impose death sentences, Putrajaya confirmed to Parliament in March that it had no plans to lift a moratorium on executions.
However, Maliamauv says this is still a concern given the government has not acknowledged it will continue the moratorium until the death penalty is fully abolished.
“We welcomed the confirmation by the government that the moratorium on executions remains in place for now, but as long as people remain on death row, the risk of this moratorium being lifted cannot be underestimated.
“We cannot afford to take one step forward and two steps back by resuming executions in Malaysia,” Maliamauv added. – May 29, 2024