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Malaysia’s death penalty review a crucial step towards abolition: Amnesty

Human rights watchdog welcomes the move, urging the government to stay committed to fully abolishing capital punishment in line with international human rights standards

8:27 PM MYT

 

KUALA LUMPUR – A Human Rights watchdog has welcomed the Malaysian government’s announcement to review the death penalty, calling it a crucial step toward the full abolition of capital punishment.

The move comes as part of ongoing efforts to address systemic flaws and fairness in the justice system, which Amnesty International has long denounced.

Nicole Fong, Research and Advocacy Officer at Amnesty International Malaysia, described the review as “a long time coming” and a vital opportunity for the country to demonstrate its commitment to human rights.

She highlighted that the 2023 abolition of the mandatory death penalty and the reduction in capital offences were significant achievements, but concerns remain over the continued use of the death penalty.

“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,” she said.

Fong further emphasised that while the government’s step forward was commendable, Malaysia must remain resolute in its path towards full abolition.

“Malaysia must stay on an irrevocable path towards the total abolition of this cruel, inhuman and degrading punishment,” she urged, adding that the review process must adhere to international human rights standards.

She stressed the urgency of the matter, pointing out that many countries have already abandoned the death penalty.

“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.”

In a move announced by the Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran , the Malaysian government revealed the formation of a Policy and Direction Review Working Group on the Death Penalty.

Kulasegaran confirmed that the task force reviewing the death penalty will work closely with government agencies, legal bodies, and experts, including both local and international criminal law specialists. He stated that the study would follow an evidence-based approach, involving consultations with victim families and prisoners on death row.

The group, in collaboration with the Malaysian Law Reform Committee (CLRC), will conduct a comprehensive study aimed at fully abolishing the death penalty. The study is set to begin in January 2026 and will last for four months, with an option for an extension.

This review follows Malaysia’s historic decision in 2023 to abolish the mandatory death penalty, a change that resulted in the reduction of over 1,000 death sentences.

While this move aligned Malaysia more closely with international human rights standards, Amnesty has raised concerns over the implementation of new sentencing discretion, particularly around the assessment of mitigating factors that may still lead to death sentences.

As of November 11, 2025, 97 individuals remain on death row in Malaysia, with 38 awaiting appeal in the Court of Appeal, nine in the Federal Court, and 50 who have exhausted all appeals. These individuals may apply for a pardon.

Amnesty International said it continues to advocate for the unconditional abolition of the death penalty, noting that 113 countries have already abolished it for all crimes. Nearly three-quarters of the world’s nations are either abolitionist in law or practice.

The government’s moratorium on executions, which has been in place since 2018, remains in effect while the review is underway.

The review is part of the broader legal reforms initiated by the 2023 Abolition of Mandatory Death Penalty Act, which gives judges discretion to impose either the death penalty or prison terms of 30 to 40 years for 11 criminal offences, depending on case specifics.

The government remains committed to making any decisions regarding the death penalty based on evidence, balancing public interest, victim justice, and human rights principles. – November 13, 2025

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