This article is more than 6 months old

This article is more than 6 months old

Human rights groups in Malaysia are calling for the repeal of a law that criminalises attempted suicide after a man with a physical disability was sentenced to six months in prison for trying to take his own life.

Malaysia is one of the few countries where attempting suicide is illegal. Under existing legislation, people found guilty can be punished by up to a year in prison, a fine, or both. But the Malaysian government is now considering a change to the law, which advocates say cannot come soon enough.

“The facts of this case underscore the urgency and need to repeal this law,” said Lim Wei Jiet, secretary general of Hakam, a human rights group in Malaysia. “This particular disabled man, who probably had reached a very depressing point of his life, is now punished with a jail term that is grossly inhumane and incompassionate in our view.”

The 38-year-old man from Kuala Nerus, in the north-east of the country, was arrested in December after his family reported erratic behaviour. When police arrived at the home, they found the man attempting to kill himself. A psychiatric evaluation found him fit to stand trial and he was sentenced on 2 February.

According to police figures previously released, about 10% of people found by officers to have attempted to kill themselves are taken to court.

Hakam is one of several groups calling for the repeal of section 309 of Malaysia’s penal code, which criminalises those who try to take their own lives. Advocates say the law causes undue stress to people already struggling with mental health issues.

“It is a deterrent to being able to speak about it openly,” said Justin Victor, chairman of Befrienders Kuala Lumpur, a helpline organisation.

Individuals are reluctant to seek help after attempting to kill themselves for fear they could be charged, said Victor. Malaysia lacks accurate data because well-meaning police officers and medical professionals are reluctant to name suicide attempts to spare the individual potential criminal charges, he explained.

In addition, deaths are not always properly classified due to ongoing stigma.

“If it’s decriminalised it will go and add a lot towards getting people to see suicide, or attempting suicide, as a cry for help – as a mental health issue rather than a criminal act,” said Victor.

Campaigners have been urging a repeal of the law for more than a decade, but calls for reform struggled to gain traction until recently, he said.

In an interview this month Datuk Liew Vui Keong, a minister in the prime minister’s legal department said it was “the right time” for change.

“These people who have attempted to end their life should not be punished, but rather be given medical help because they are probably going through tremendous pressure in their life,” he said.

Research published in 2015 in the International Journal of Law and Psychiatry examined the criminal codes of 192 countries and states and found 25 where suicide is illegal and 20 countries that follow Sharia law, under which suicide attempts can be punished with jail sentences.

This year, Malaysia’s neighbour Singapore changed legislation to end the hundreds of arrests for attempted suicide previously made there each year.

A 2014 report on suicide by the World Health Organization said: “When suicide is considered a criminal act, suicide attempts are often hidden”. The study went on to recommend that all countries review their laws to ensure they do not deter people from seeking help.

The report also found that suicide rates tend to decline in countries that decriminalise suicide.

Liew said that, once the law is repealed, people serving sentences for attempting to kill themselves should be released.

The Malaysian government began reviewing the law early last year, but said it wants to ensure that mental health supports are in place before any repeal. He says he is committed to decriminalisation before the end of the year.

“We will consistently hold him to that and follow up with him and ensure that the government lives up to its word,” said Lim.

• In the UK and Ireland, Samaritans can be contacted on 116 123 or email jo@samaritans.org or jo@samaritans.ie. In the US, the National Suicide Prevention Lifeline is 1-800-273-8255. In Australia, the crisis support service Lifeline is 13 11 14. Other international helplines at www.befrienders.org.