Don't add drunk driving to Malaysia's death penalty list

Malaysians Against Death Penalty and Torture (Madpet) is appalled by the call of Machang MP Wan Ahmad Fayhsal Wan Ahmad Kamal – formerly of Bersatu – urging the government to study amending “the law to allow for the death penalty to be imposed on drunk drivers who cause death” (Free Malaysia Today, 30 March).

A deterrent sentence may be required, but not the death penalty – where, in Malaysia, a person is hanged to death.

Mandatory death penalty abolished but…

Malaysia abolished the mandatory death penalty – but sadly the death penalty remains. The Abolition of Mandatory Death Penalty Act 2023 (AMDP Act), which came into force on 4 July 2023, still gives the court the power to impose the death penalty – and sadly, Malaysian courts continue to use it.

On 10 March 2026, for example, the Court of Appeal upheld the death sentences imposed on the Klang Valley couple involved in the 2020 Sibu “suitcase murder”.

On 9 January 2026, it was reported that Malaysian-based Nigerian Ibekwe Emeka Augustine was sentenced to death by hanging for murdering a four-year-old boy in 2020. “You are sentenced to death by hanging until you are dead. However, you have the right to appeal against the sentence at the Court of Appeal,” said High Court judge K Muniandy.

As a consequence, the numbers on death row are increasing again.

When the mandatory death penalty was abolished, Malaysia also enacted the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023. This came into force on 12 September 2023 to enable the Federal Court to review death sentences of those on death row. It resulted in most death sentences being revised to imprisonment and whipping sentences. However, the Federal Court retained the death sentence for some.

On 21 November 2025, Azalina Othman Said, the minister responsible for law and institutional reform, said a total of 863 inmates facing the death penalty had their sentences commuted or reduced. However, 49 remained on death row as of October 2024. Today, that number will have risen.

No more mechanism to revise sentences

The major problem now is that the Federal Court’s ability to revise death sentences was only a temporary provision. Those on death row – then and thereafter – no longer have the option of applying to the Federal Court to revise their sentence. This means the numbers on death row will only increase with time.

Madpet calls for the enactment of a law that will permanently allow death row inmates to apply to court for their death sentence to be revised – and it is best revised to an alternative sentence, avoiding any more people being hanged to death.

The new Indonesian Penal Code (Kitab Undang-Undang Hukum Pidana Baru or KUHP Baru), which should have come into force on 2 January 2026, now imposes a 10-year probationary period on death sentences. Good behaviour during this period may lead to the death sentence being reduced to imprisonment.

Malaysia should totally abolish the death penalty. Until then, it should enact a law ensuring that death sentences are not carried out, requiring courts to review death sentences periodically – perhaps once every two to five years – taking into account good behaviour and repentance. This may lead to a revision of the death penalty to a sentence of imprisonment. Forgiveness and second chances are values that people in Malaysia do accept.

Minister Azalina said the government had formed a task force to reassess the country’s death penalty policy and long-term direction. “The review is expected to be completed by January 2026, after which its recommendations, including the future of the execution moratorium, will be presented to the cabinet,” she said. It is now April 2026, and nothing has been heard yet.

Madpet hopes that Malaysia will abolish the death penalty and, in the interim, enact a law to speedily deal with the rising numbers on death row.

Death caused by road accidents

While this Malaysian politician focuses on drunk driving, some fatal road accidents in Malaysia have been caused by the failure of law enforcement and the government.

“The failure of the bus braking system, which was contaminated and inconsistent, combined with driving at speeds exceeding safe limits, led to a loss of vehicle control. Challenging road conditions, weaknesses in the design and installation of road barriers and the structural failure of the bus cabin further increased the severity of the impact and the resulting injuries,” read the Ministry of Transport report on 9 June 2025 bus crash in Gerik, Perak, that killed 15 Universiti Pendidikan Sultan Idris (UPSI) students. If the braking system fails, can any driver be reasonably blamed for speeding?

Were the regular roadworthiness inspections of the bus properly carried out by the relevant authorities? Or did a lackadaisical attitude and corruption prevent or compromise law enforcement?

“Apart from that, road markings have worn out and guardrails are defective,” said a new report.

It is sad that no criminal actions have been taken against the government and public officers when their actions – or failures – may have caused road accidents resulting in deaths.

Madpet calls for the enactment of laws that impose criminal liability on ministers personally and on public officers who by their action or omission contributed to or caused fatal road traffic accidents and fatal industrial accidents.

Driving under the influence

Driving under the influence is, and must be, a crime – but it must apply to drugs as well, not just alcohol.

Does Malaysia currently have an effective way of determining whether drivers are under the influence of drugs?

Should laws be enacted barring drug users from driving until they are proven to no longer use drugs? Focusing on alcohol alone is simply not enough in cases of driving under the influence.

Many countries impose the death penalty for a variety of offences, including corruption. But Malaysia should abolish the death penalty for all crimes and never widen its use for any new offences, including causing death while driving under the influence.

Justification for abolition is clear

Madpet notes that the death penalty is cruel and inhumane, violates the right to life, and carries the high possibility of a miscarriage of justice – which can never be reversed if the convicted person is already dead.

The death penalty goes against the religious beliefs and values of people in Malaysia, where our faith advocates for compassion, forgiveness and second chances.

The death penalty also inadvertently makes all people in Malaysia complicit in killing – as it is intentional killing by the state.

Madpet reiterates its call for the total abolition of the death penalty in Malaysia and for a moratorium on executions pending abolition.

Madpet calls on Malaysian political parties, MPs and other people’s representatives to make a clear public commitment to the abolition of the death penalty. – Madpet

Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture.

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