KUALA LUMPUR: Convicted murderer Sirul Azhar Umar can apply for his death sentence to be reviewed if he wishes to return to Malaysia.
Inspector-General of Police Tan Sri Razarudin Husain said Sirul or his lawyer may file his application to review his sentence to the Malaysian government.
He also confirmed that Sirul has yet to apply for his sentence to be reviewed.
Razarudin said despite our extradition agreement with Australia, the process cannot be done because Malaysia did not fulfil one of the requirements, which is the dual criminality provision.
Dual criminality refers to a criminal act in both countries that carries similar sentences.
In Sirul's case, the reason why the Australian government was unable to repatriate the former police officer was due to the fact that they did not recognise death penalty.
"Any criminal who has been sentenced to death and is still awaiting the execution may be given the opportunity to apply to the court to amend an appeal against the sentence.
"So, if Sirul intends to return to Malaysia, he or his lawyer can submit an application to have the death sentence amended to another punishment, such as imprisonment.
"If he wishes to return to Malaysia, his lawyer or Sirul himself can file such an application to the Malaysian government.
"Only if this happens can Malaysia then submit an extradition request for him to serve the sentence in Malaysia," said Razarudin.
Sirul and his accomplice Azilah Hadri were sentenced to death for the murder of Altantuya in 2009.
Both of them filed appeals against their sentences and the Court of Appeal ordered both of their release in 2013.
However, the prosecution filed an appeal against the decision in the Federal Court and a five-judge panel unanimously upheld the death sentences for Sirul Azhar and Azilah after allowing the prosecution's appeal on Jan 13, 2015.
Sirul in an exclusive interview with Al-Jazeera English's 101 East on Friday pleaded for the Australian government to allow him to remain in Australia, adding that it is unsafe for him to return to Malaysia.
"Whatever happens, I want to build a life with my child here in Australia.
"I hope the Australian community accepts me (for) who I am. I am not a bad person.
"I love Australia from my heart, from my soul. Give me a second chance," he had said.