Brunei Darussalam (Brunei).

Asia (South-eastern Asia).

Malay, English. Malay is the official language, and all laws or anything required by law to be published are published in Malay and an official English translation. The Malay text prevails in cases of conflict.

406,200.

Abolitionist de facto.

No known executions have occurred in Brunei since 1957.

1957.

Hanging.

Executions can be carried out by hanging.

Stoning.

Executions can be carried out by stoning. After implementing a law prescribing stoning for same-sex sexual relations and adultery, on May 5, 2019, Sultan Hassanal Bolkiah confirmed a moratorium on executions after facing international backlash.

(This question was last updated on May 24, 2019.).

At least one.

At the end of 2020, the was at least one person on death row in Brunei. No new death sentences were reported in 2020.

(This question was last updated on November 30, 2021.).

Yes, on 5 May 2019, the Sultan of Brunei released a statement confirming that Brunei has practiced a de facto moratorium on executions for more than two decades for offenses committed under the common law. The Sultan clarified that this moratorium also applied to Shariah law cases.

The Constitution of Brunei Darussalam makes no reference to fundamental rights of any nature and prohibits judicial review. However, capital punishment is referenced twice in Constitutional Matters I and Constitutional Matters II, Succession and Regency Proclamation of 1959. Specifically, it states that any person who has been sentenced to death, imprisonment or a fine of $1,000 or more shall not be qualified to be a Member of the Legislative Council. Additionally, should an Heir of the Sultan conspire or attempt to do any act against another lawful Heir with the attempt that he may be in a better position to succeed to the throne, he may be found guilty of an offense punishable by death, imprisonment or a fine.

Murder.

“Whoever commits murder shall be punished with death.”

Other Offenses Resulting in Death.

Abetting the suicide of a person unable to give legal consent is punishable by death. All participants in a gang robbery during which a murder takes place “shall be punished by death.” Arson resulting in death “shall be punished with death.”

Terrorism-Related Offenses Resulting in Death.

Terrorism-related offenses resulting in death are punishable by death.

Laws penalizing attacks using fire or explosion could be applied to terrorism resulting in death. Such offenses when resulting in death “shall be punished with death.”

Terrorism-Related Offenses Not Resulting in Death.

Persons in unlawful possession of weapons in security areas or “special” areas, or accompanying those who unlawfully possess weapons in security areas, are punished with death.

Arson Not Resulting in Death.

Arson of certain public utilities “shall be punished…with death.”

Kidnapping Not Resulting in Death.

Kidnapping “shall be punished by death” when carried out with the intent of murdering the victim or putting the victim in danger of murder.

Drug Trafficking Not Resulting in Death.

Unauthorized trafficking, manufacture, import or export or possession for the purpose of trafficking of requisite quantities of scheduled drugs—including opium, morphine, diamorphine, cocaine, cannabis, methylamphetamine, and methylenedioxy-methamphetamine—is punishable by death. A person accused of possession for the purpose of trafficking is presumed guilty. By law, an individual can be accused of possession for the purposes of trafficking for simply possessing the keys to anything containing a controlled drug or any premises on which drugs are found. The individual has the burden to prove that he did not possess the drugs, know of the drugs, or possess them for trafficking.

Drug Possession.

A person accused of possession of drugs for the purpose of trafficking is presumed guilty of that offense. By law, an individual can be accused of possession for the purposes of trafficking for simply possessing the keys to premises on which drugs are found; that individual has the burden to prove that he did not possess the drugs, know of the drugs or possess them for trafficking. The punishment is death when the offender is in possession of requisite quantities of scheduled drugs.

Treason.

High treason is punishable by death.

Military Offenses Not Resulting in Death.

Abetting a successful mutiny is punishable by death.

Other Offenses Not Resulting in Death.

Perjury resulting in the conviction of an innocent defendant of a capital offense is punishable by death.

Several offenses against Islam not resulting in death also carry a death sentence: Blasphemy against Islam is a death-eligible offense. A Muslim who declares themselves or another person God may be sentenced to death. A Muslim who claims to be an apostle or prophetic messenger (Rasul or Nabi) may be sentenced to death. A Muslim who attempts to commit apostasy or cause the commission of apostasy may be sentenced to death.

Rape Not Resulting in Death.

Rape (zina bil-jabr), defined as a married man or woman having non-consensual sex with a person they are not married to forcibly or by deceit, is punishable with death by stoning.

Apostasy.

A Muslim who declares themselves non-Muslim is guilty of the offense of apostasy (irtidad) and may be sentenced to death.

Adultery.

Adultery by a married man or woman is a zina offense, publishable with death by stoning.

Consensual Sexual Relations Between Adults of Same Sex.

Sex between two men or anal sex between an unmarried heterosexual couple (liwat) are zina offenses, punishable by death by stoning if a person is married.

A review of cases on drug trafficking and murder reveals that the Brunei High Court does apply the mandatory language of Brunei’s statutes to pronounce mandatory death sentences upon defendants. It should be noted that under the Criminal Procedure Code, the trial judge is required to submit to the Sultan a report explaining why a death sentence should or should not be imposed, and may be required to advise the Privy Council on the subject of mercy. While this still constitutes a mandatory death penalty by international standards (because the judge, ultimately, lacks the power to exercise independent discretion), no one has been executed since 1957.

Murder.

“Whoever commits murder shall be punished with death.”

Other Offenses Resulting in Death.

All participants in a gang robbery during which a murder takes place “shall be punished by death.” Arson resulting in death “shall be punished with death.”

Terrorism-Related Offenses Resulting in Death.

Laws penalizing attacks using fire or explosion could be applied to terrorism resulting in death. Such offenses when resulting in death “shall be punished with death.”

Terrorism-Related Offenses Not Resulting in Death.

The statutory penalty for persons in unlawful possession of weapons in security areas or “special” areas, or accompanying those who unlawfully possess weapons in security areas is death.

Arson Not Resulting in Death.

Arson to certain public utilities “shall be punished…with death.”

Kidnapping Not Resulting in Death.

Kidnapping “shall be punished by death” when carried out with the intent of murdering the victim or putting the victim in danger of murder.

Drug Trafficking Not Resulting in Death.

Unauthorized trafficking, manufacture, import or export or possession for the purpose of trafficking of requisite quantities of scheduled drugs—including opium, morphine, diamorphine, cocaine, cannabis, methylamphetamine, and methylenedioxy-methamphetamine—is punishable by death. A person accused of possession for the purpose of trafficking is presumed guilty. By law, an individual can be accused of possession for the purposes of trafficking for simply possessing the keys to anything containing a controlled drug or any premises on which drugs are found. The individual has the burden to prove that he did not possess the drugs, know of the drugs, or possess them for trafficking.

Drug Possession.

A person accused of possession of drugs for the purpose of trafficking is presumed guilty of that offense. By law, an individual can be accused of possession for the purposes of trafficking for simply possessing the keys to premises on which drugs are found; that individual has the burden to prove that he did not possess the drugs, know of the drugs or possess them for trafficking. The punishment is death when the offender is in possession of requisite quantities of scheduled drugs.

Individuals Below Age 18 at Time of Crime.

A person who commits a capital offense while under the age of 18 is detained at the pleasure of the Sultan.

Pregnant Women.

Pregnant women face a maximum sentence of life imprisonment, and a lighter sentence may be passed when possible.

Intellectually Disabled.

Individuals suffering from “abnormality of mind” including “arrested or retarded development” substantially impairing mental responsibility are not to face capital charges such as for murder—they can be convicted of culpable homicide not amounting to murder.

Mentally Ill.

Persons under sentence of death cannot be executed if it is shown that they are “mentally disordered or mentally defective.” Individuals suffering from “abnormality of mind” substantially impairing mental responsibility are not to face capital charges such as for murder—they can be convicted of culpable homicide not amounting to murder.

Comments.

No known executions have occurred in Brunei since 1957.

We did not find any opinions of Brunei courts significantly altering application of the death penalty in Brunei. We did find some cases elucidating whether Brunei awards death sentences or death sentences in a mandatory fashion—it does. We were unable to access cases that were published after 1997.

The Constitution of Brunei Darussalam makes no reference to fundamental rights of any nature and prohibits judicial review.

Because Brunei is not a party to the International Covenant on Civil and Political Rights, the Human Rights Committee does not issue Concluding Observations on periodic review or decisions on petitions filed regarding human rights in Brunei.

In 2009, members of the Human Rights Council pursuant to its Universal Periodic Review of human rights in Brunei recommended that Brunei consider ratifying core international human rights treaties; Brunei favored such recommendations. Brunei did not accept recommendations that it institute an official moratorium on the death penalty or officially abolish the death penalty.

While we did not find the supporting law, Brunei reportedly utilizes English common law safeguards and fully extends the right to defense counsel except to individuals facing charges under the Internal Security Act.

While we did not find the supporting law, Brunei reportedly utilizes English common law safeguards and fully extends the right to defense counsel except to individuals facing charges under the Internal Security Act.

Individuals facing charges under the Internal Security Act may receive limited representation.

Judicial review is prohibited; appeals may not be based on the judicial review of official actions or laws. Although the appellate procedure rules did not fully set forth the appellate proces, our review of case law shows that capital cases are tried in the High Court and appealed to the Court of Appeal. Sentencing cannot be challenged in most capital cases, which involve the mandatory death penalty, and courts lack the power to review the propriety of a mandatory penalty.

In any case where the death penalty is pronounced, the trial judge submits a report to the Sultan describing why the sentence should or should not be executed. The Sultan has the constitutional power to grant an unconditional pardon, grant pardon with lawful conditions, grant reprieve, remit a sentence in part, or stay a sentence. Prior to 2004, the Privy Council, considering the advice of the Attorney General and, at times, the trial judge, advised the Sultan on whether to exercise his prerogative of mercy. Between 2004 and 2006, this function was performed by a constitutionally created Pardons Board; in 2006 the relevant portion of the 2004 amendment was repealed, shifting the responsibility to advise the Sultan back to the Privy Council. The 2008 edition of the Constitution published on the Attorney General’s website does not re-introduce the role of the Attorney General; we do not know whether this is an omission.

No.

Brunei reportedly utilizes English common law safeguards, except that individuals detained under the Internal Security Act are denied the right to counsel and are not presumed innocent. Despite reports that Brunei otherwise presumes the accused innocent, a fair reading of the drug laws show that individuals accused of possessing requisite quantities of drugs are presumed to be engaged in drug trafficking, a potentially capital offense. The U.S. Department of State reports that the judiciary is “independent” despite a lack of legal guarantees of independence. While we found no reports that the executive interferes with judicial affairs, it is also true that the judiciary is not empowered to engage in judicial review of laws or actions of the Sultanate and is limited in its actions to the administration of laws. Despite the lack of judicial independence and the nearly universal mandatory death penalty for capital offenses, the Sultanate seeks the advice of the judiciary in capital matters and has not approved a death sentence since 1957.

If any prisoners are held under sentence of death, they are held in Jerudong Prison, which houses individuals convicted of serious offenses.

Reportedly, international human rights monitors have not visited Brunei prisons recently, although they are permitted to do so; consular and family access is permitted. Brunei’s prisons were filled below capacity and generally met international standards.

Possibly.

Mark Warren reports that Malaysians may be held under sentence of death in Brunei.

We found no reports of women held under sentence of death in Brunei.

We found no reports of individuals held under sentence of death for crimes committed while under the age of 18; Brunei’s law and international treaty commitments prohibit this practice.

We found no reports on racial or ethnic disparities on death row.

Brunei enacted a new Sharia penal code on April 30, 2014, with phased implementation. The first phase applied to tazir offences, such as failure to attend prayers on Friday. The second phase applies to higher severity hudud and qisas offences, including same-sex relations. On April 3, 2019, Brunei implemented the second phase, which prescribes stoning as the method of execution for same-sex sexual relations. However, on May 5, 2019, Sultan Hassanal Bolkiah extended a moratorium on the use of the death penalty for the criminalization of sexual relations between men and adultery. The reversal came after international condemnation of the measures, including condemnation from the U.N. as “cruel and inhuman.” The Sultan also stated commitment to ratifying the Convention against Torture. Part of the international backlash included calls to boycott the Sultan’s luxury hotels. In his response, he stated, “I am aware that there are many questions and misperceptions with regard to the implementation of the [Syariah Penal Code Order] . . . We are conscious of the fact that misperceptions may cause apprehension.” He added, “However, we believe that once these have been cleared, the merit of the law will be evident.”

No known executions have occurred in Brunei since 1957. This is despite the retention of the mandatory death penalty for offenses such as murder and drug trafficking and current reports that individuals continue to be sentenced to death or face capital prosecution in Brunei for murder or drug crimes.

None.

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk.

A web resource for Brunei court decisions is available at http://www.commonlii.org/bn/cases/BNHC/. We did not find any cases currently posted at the judiciary’s website, http://www.judicial.gov.bn/.

None.

None.