The government has announced that a comprehensive study on the total abolition of the death penalty will begin in January 2026.
To this, Amnesty International Malaysia’s research and advocacy officer Nicole Fong said: “This review has been a long time coming and is a crucial opportunity for Malaysia to show that we are serious about the promotion and protection of human rights.
“After the welcome abolition of the mandatory death penalty and reduction in the number of capital offences in 2023, new concerns on the use of the death penalty have emerged, adding to the systemic flaws and unfairness that we have been denouncing for many years.
“It’s heartening to see the government finally taking this next step, but there should be no hesitation – Malaysia must stay on an irrevocable path towards the total abolition of this cruel, inhuman and degrading punishment,” she said.
“As the review moves forward, it must go beyond a doctrinal study and be grounded in international human rights law and standards.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara (ALIRAN), Maybank a/c 507246118995 or CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
“Most of the world has already consigned this cruel punishment to the history books. Malaysia has taken important steps in the right direction, but we cannot stop halfway. Every delay means more lives put at risk and more families left in limbo.
“The death penalty does not make us safer. The government must move with urgency and conviction to end the death penalty once and for all – leading the region by example,” she added.
Background
The deputy minister in the Prime Minister’s Department responsible for law and institutional reform reportedly announced in Parliament that the government is in the process of establishing a policy and direction review working group on the death penalty in Malaysia. This group will work together with the Malaysian law reform committee to conduct a comprehensive study on the total abolition of the death penalty.
The study is scheduled to begin in January 2026 and is expected to run for four months, with the possibility of extension to ensure a thorough and inclusive review.
This announcement follows Malaysia’s landmark decision in 2023 to abolish the mandatory death penalty and reduce the scope of the death penalty, which led to the reduction of more than 1,000 death sentences and brought Malaysia closer to aligning with global human rights standards.
However, Amnesty International’s initial assessment of the implementation of the new sentencing discretion in Malaysia revealed emerging concerns, including in relation to the presentation and assessment of mitigating factors at sentencing, which might have contributed to the imposition and confirmation of the death penalty in recent cases.
They also added to existing concerns on the retention of laws that violate restrictions to the use of the death penalty, pending its abolition, set out under international human rights law and standards.
As of 11 November, 97 individuals remain on death row in Malaysia, according to data from the Prison Department reported to Parliament. Of these, 38 are awaiting appeal in the Court of Appeal and nine in the Federal Court. And fifty have exhausted all appeals and may submit a pardon application.
Amnesty International opposes the death penalty unconditionally, in any cases and under any circumstances. As of today, 113 countries have abolished the death penalty for all crimes and close to three-quarters are abolitionist in law or practice. – Amnesty
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
