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.
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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