Brunei Foreign Nationals and the Death Penalty Death Penalty Overview The last known execution in Brunei was in 1957, making the 5,770km² nation on the island of Borneo de facto abolitionist in status. There are thought to be at least 6 inmates on death row, yet this gure is unknown and could be higher (Amnesty International 2022). The last individual sentenced to death was a Malaysian national sentenced for drug traf cking in February 2017. Despite the lack of implementation of the death penalty, Brunei nevertheless voted against the UNGA resolution on a death penalty moratorium in 2022. fi fl fi fi fi In 2013, the Syariah Penal Code Order (SPCO) was introduced, which represented the adoption of a dual legal system in Brunei, combining civil law with Shari’a, or Islamic, law. The introduction of Shari’a law into Brunei’s justice system re ected the more conservative form of Islam that has been adopted by the state in recent years, particularly under the current Sultan of Brunei, Hassanal Bolkiah (Ellis-Petersen 2019). The SPCO underwent a phased implementation, with the most recent phase ‘Phase 3’ - ushering in the full enforcement of the Penal Code in April 2019. The full force of the SPCO included offences punishable by death. Offences such as rape, adultery, sodomy, robbery and insult or defamation of the Prophet Muhammad became punishably by death under the SPCO (BBC 2019). Brunei received international condemnation over its adoption of laws that would criminalise acts such as homosexuality. Celebrities such as George Clooney, Elton John and Ellen DeGeneres all voiced their opposition to the anti-LGBT laws, coordinating a boycott of nine hotels across the US and Europe that had ties to Brunei’s Sultan Hassanal Bolkiah. In a rare response to public criticism, the Sultan extended the moratorium on the death penalty to exclude legislation on capital punishment for gay sex. Executions are, in theory, carried out either by hanging or stoning. Crimes punishable by death by hanging include: murder; abetting the suicide of a person unable to give legal consent; participation in a gang robbery during which a murder takes place; arson; terrorism-related offences (including illegal possession of rearms and explosives); kidnapping; drug traf cking and possession of drugs; treason; military offences; perjury resulting in the conviction of an innocent defendant charged with a capital offence. Under Phase 3 of the SPCO 2013, implemented in 2019, the following crimes

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