Following the government’s announcement that a comprehensive study on the total abolition of the death penalty will begin in January 2026, 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.”
“Malaysia must stay on an irrevocable path towards the total abolition of this cruel, inhuman and degrading punishment”
Amnesty International Malaysia’s Research and Advocacy Officer, Nicole Fong
“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. As the review moves forward, it must go beyond a doctrinal study and be grounded in international human rights law and standards,” said Nicole Fong.
“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,” said Nicole Fong.
“The death penalty does not make us safer.”
Nicole Fong
Background
The Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) was reported to have 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, which will work together with the Malaysian Law Reform Committee (CLRC) 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 2025, 97 individuals remain on death row in Malaysia, according to data from the Prisons Department reported to Parliament. Of these, 38 are awaiting appeal in the Court of Appeal, nine in the Federal Court, and 50 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.
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