Two years after abolishing the mandatory death penalty, data shows Malaysia may be moving on for good (2025)

KUALA LUMPUR, April 5 — Within two years year of the Prime Minister Datuk Seri Anwar Ibrahim administration abolishing the mandatory death penalty, the number of death row inmates has plunged by nearly 90 per cent, the clearest sign yet that Malaysia is moving away from capital punishment — even as it remains legal.

Data presented in Parliament during the February-March sitting this year showed a sharp increase in commutations of existing death sentences in the six months after Putrajaya repealed the mandatory death penalty.

This comes as death row inmates filed appeals for resentencing and judges granted them.

Most sentences were commuted to prison terms of between 20 and 40 years, with the latter often reserved for serious crimes such as murder.

Rapid speed in resentencing

In January 2024, there were 1,275 death row inmates, with 936 awaiting their resentencing applications. By January 1 this year, the total number of death row inmates had dropped to just 140 — a staggering 87 per cent decline.

The data reflects the speed at which judges commuted these sentences, slashing resentencing cases by over half by July 2024 before clearing most of them as the year progressed.

Just 50 death sentences were retained

A total of 860 death sentences were commuted within 12 months, with just 50 retained. Meanwhile, courts struck out 22 applications on administrative grounds, barring them from reapplying.

Four inmates, however, died in prison before their resentencing applications could be approved.

Some drug offenders remained on death row

While the data shows judges largely retained death sentences for murder cases, dozens of drug offenders were not spared.

Still, the number of death row inmates convicted for drug trafficking dropped significantly by January 1 this year, from 840 a year earlier to just 40 — the highest rate of commutations among all offences.

In contrast, death sentences for homicide had the highest rate of retention. On January 1, 2024, there were 435 death row inmates convicted of murder, with 335 of them having their sentences commuted 12 months later.

A total of 100 death sentences were retained.

By gender, male death row inmates had the highest rate of sentence retention, at 137. Only three of the remaining death row inmates are women.

Progress made, but gaps remain

Anti-capital punishment groups such as Hayat, which works with families of death row inmates, said the data signals progress but also highlights gaps.

For instance, the absence of written judgments for resentencing cases was a missed opportunity to provide guidance for fair and just sentencing discretion, the group said.

There is also ambiguity around resentencing for juvenile offenders and those with mental health conditions. Laws governing sentencing for these groups still allow for indefinite imprisonment and the death penalty.

Another issue is whipping, which was not repealed despite the move to abolish the mandatory death penalty. Human rights groups have described whipping as inhumane.