Malaysia made significant progress in 2024 by drastically reducing its death row population following the repeal of the mandatory death penalty, but the continued imposition of death sentences—including for drug-related offenses—remains a grave concern, said Amnesty International Malaysia today, as it launched its annual report on the global use of the death penalty, entitled Death Sentences and Executions 2024 (‘the Report’).
According to the Report, global executions surged to their highest level since 2015, with 1,518 executions being recorded across 15 countries last year. At the same time, the number of countries carrying out executions reached a record low for the second consecutive year—demonstrating how most of the world has moved away from the death penalty, while only a handful of countries continue resorting to the use of this cruel and inhumane punishment.
The Asia-Pacific region remains the region with the highest number of executions in the world, though official figures do not account for thousands of executions believed to have taken place in China, North Korea, and Viet Nam—countries that continue to shroud their use of the death penalty under the guise of ‘state secrecy’.
Where does Malaysia stand globally?
Malaysia has not carried out executions since 2018, but without full abolition, it remains among the 54 retentionist countries—preventing it from joining the global majority of 145 countries that have abolished the death penalty in law or practice. It was also one of only 13 countries known to have imposed death sentences for drug related offences although drug-related offences do not meet the threshold of the “most serious crimes” to which the use of the death penalty must be restricted under international law and standards.
“Malaysia must choose to be on the right side of history—and that means taking the next step toward full abolition of the death penalty. While the moratorium on executions since 2018 and the abolition of the mandatory death penalty in 2023 were important steps forward, the fact remains that death sentences are still being handed down—with an alarming 38% of newly imposed death sentences by the High Courts being for drug-related offences. This is unlawful under international law and standards. This raises serious concerns about Malaysia’s commitment to human rights and adherence to international human rights standards.”
Vilasini Vijandran, Interim Executive Director of Amnesty International Malaysia.
Amnesty International’s report acknowledges Malaysia’s progress in 2024, with the Federal Court and Court of Appeal commuting more than 1,000 death sentences—through both the Federal Court’s temporary jurisdiction and the ordinary jurisdiction of the Malaysian courts. However, this progress has been undermined by the continued imposition of new death sentences, with 24 new death sentences recorded before the High Courts in the same year alone (including 9 for drug-related offences).
Sentencing People to Death for Drug-Related Offenses
Alarmingly, all the newly imposed drug-related death sentences came from High Courts. On the other hand, none of the 43 death sentences upheld by the Federal Court following the review of 860 applications under the Temporary Jurisdiction of The Federal Court—were for drug-related offenses. This contrast raises concerns about the continued reliance on the death penalty by the lower courts which can only be resolved with the complete abolition of the death penalty in law.
“Malaysia’s progress remains tainted while courts continue sentencing people to death for drug-related offences—an act that violates international human rights law. If Malaysia is serious about becoming a leader for human rights reform in the region, the next step is clear: abolish the death penalty for drug-related offences as the next step towards full abolition.”
Vilasini Vijandran
Next Steps for Malaysia – Domestic Reforms Necessary to Strengthen Foreign Advocacy
Malaysia has consistently voiced its opposition to the death penalty on the global stage, voting in favor of the UN General Assembly’s resolution calling for a moratorium on the use of the death penalty with a view to its abolition —including in December last year, when a record two-thirds of UN member states backed the resolution. Yet, this position is undermined by inaction at home. While the government signals support for steps towards abolition internationally, it has yet to enact the necessary legislative and systemic reforms to align Malaysia’s laws with international human rights standards.
The fate of more than 140 individuals currently on death row in Malaysia remains uncertain. The opaque and secretive nature of the pardons process only deepens concerns, leaving those on death row—and their families—in a prolonged state of anxiety and uncertainty. As Malaysia stands at pivotal crossroads, the need for decisive action to commute their death sentences has never been more urgent.
Further, Malaysian nationals continue to face execution abroad, including in Singapore, with some of their families who have lamented the lack of meaningful intervention by the Malaysian government.
“If Malaysia is to be a credible voice against the death penalty—not just in diplomatic forums but in practice—it must lead by example. As the chair of ASEAN, abolishing the death penalty for drug-related offences would set a powerful precedent in the region. It would also considerably strengthen Malaysia’s ability to advocate for its own nationals facing execution overseas once its foreign policy commitments are supported by real and lasting reforms at home.”
Vilasini Vijandran
Now is the time for Malaysia to take its long-overdue next step towards completely abolishing the death penalty; abolish the death penalty for drug related offenses—before more lives are lost to a punishment that has no place in a just and humane society.
For more information or to schedule an interview with a spokesperson, kindly contact Divya Shesshsan Balakrishnan at [email protected]