Royal pardon - the way out for death row convicts in Malaysia

The king and rulers of states in Malaysia can grant clemency to those sentenced to death.

Doan Thi Huong was escorted by police into court in Malaysia.

Doan Thi Huong was charged by a Malaysian court on March 1 with the murder of a North Korean man carrying a passport named Kim Chol, whom Malaysian authorities believe is Kim Jong-nam, the brother of North Korean leader Kim Jong-un. Huong could face the death penalty if convicted.

Death sentences in Malaysia are carried out by hanging. In addition to appeals, death row inmates in Malaysia can escape their sentences by applying for a royal pardon. According to Malaysia's Deputy Prime Minister Ahmad Zahid Hamidi, from 2010 to February 2016, 95 of the 829 death row inmates were granted royal pardons.

Only the King of Malaysia and the Sultans (rulers of the states in Malaysia) have the power to issue royal pardons. They can order a complete remission of a sentence, a commutation of a death sentence to life imprisonment, or a stay of execution.

Those sentenced to death can seek clemency by petitioning the Pardon Board, which consists of the Malaysian Attorney General, the head of the state government and up to three members appointed by the King, according to Ask Legal.

Under Section 42 of the Malaysian Federal Constitution, the King has the power to grant pardons for crimes committed in the federal territories of Kuala Lumpur, Putrajaya and Labuan. For crimes committed in other states, the Sultan of that state has sole discretion.

There is essentially no set procedure for applying for a royal pardon, nor is there a time limit for the King or Sultan to grant clemency. Local media also rarely reports on clemency cases.

Malaysian King Muhammad V. Photo: Sun Daily

When making a decision, the King and Sultan may consider factors that the courts do not, such as the innocence of the prisoner or the unfairness of the sentence. The court bases its decision on the evidence, but the King and Sultan may consider other factors and decide based on their own judgment.

The King and Sultan do not need to give a reason for their decision to pardon. Their decision cannot be challenged in court.

In 2015, a Filipino woman named Jacqueline Quiamno escaped the death penalty after being convicted of drug smuggling at Kuala Lumpur International Airport. The Sultan of Selangor pardoned her after receiving requests from the Philippine Embassy and her family.

The Sultan of Johor, Ibrahim Almarhum Sultan Iskandar, last year commuted the death sentences of four men convicted of murder and drug trafficking to life imprisonment.

David Wang was arrested in 1984 and sentenced to death in 1989 for drug trafficking. After a failed appeal to the federal court in 1996, Wang wrote to the Sultan of Terengganu. Two years later, his death sentence was commuted to life imprisonment (life imprisonment in Malaysia then had a minimum term of 20 years, now 30). He was released in 1998, after serving only 14 years, for good behavior.

The moment the North Korean suspected of being Kim Jong-nam was murdered

According to VNE