A new statement from the Anti-Death Penalty Asia Network (ADPAN) highlights a dramatic shift in Malaysia’s use of capital punishment, with recent parliamentary data revealing a sharp reduction in the number of people on death row.
According to ADPAN, between November 2023 and October 2024, the death row population fell from over 13,002 to 140 following extensive resentencing hearings.
The statement commends Malaysia’s transition from mandatory to discretionary sentencing, which allowed the Federal Court to review cases individually and consider mitigating factors.
ADPAN views this as a significant move away from capital punishment as a default and a step towards compliance with international human rights standards.
However, the organisation also raises concerns about remaining injustices, particularly the continued use of the death penalty for drug-related offences and the indefinite detention of juvenile offenders.
Progress: A declining death row population
According to ADPAN, data from the Malaysian Prisons Department shows that the number of women on death row has fallen sharply.
As of 22 January 2025, women make up just 1.43% of those still facing execution, compared to 9.65% in 2022.
The World Coalition Against the Death Penalty had previously identified Malaysia as the country with the highest number of women sentenced to death, with 129 female inmates recorded in 2022.
That number has now fallen to two, along with one individual whose gender identity is unclear from publicly available data.
The number of foreign nationals on death row has also decreased significantly.
ADPAN notes that as of early 2025, 27 foreign nationals (19.3%) remain on death row, a stark contrast to the 568 foreign inmates recorded by Amnesty International in 2019, when they made up 44% of the total.
At the time, 73% of these individuals were convicted of drug trafficking.
While ADPAN recognises that these figures reflect a positive trend, it also highlights ongoing concerns about fair trial rights and access to legal representation for foreign nationals, particularly those facing capital punishment.
ADPAN’s concerns: Drug-related executions
Despite the overall decline in executions, ADPAN remains troubled by the fact that nearly one-third (40 individuals) of those still on death row were convicted of drug-related offences.
The organisation argues that these offences do not meet the international legal threshold of “most serious crimes,” as defined by Article 6 of the International Covenant on Civil and Political Rights (ICCPR), which applies only to crimes involving intentional killing.
ADPAN points to calls from international bodies—including the United Nations Office on Drugs and Crime and the International Narcotics Control Board—for governments to abolish the death penalty for drug offences.
It urges Malaysia to review its stance and move towards an evidence-based drug policy focused on prevention, treatment, rehabilitation, and reintegration rather than capital punishment.
Call for mitigation reviews
ADPAN further urges authorities to ensure that the 140 individuals still facing execution receive mitigation reviews, allowing courts to fully consider factors that may not have been presented at the time of their original sentencing or resentencing. It warns that failing to consider mitigating circumstances can result in unjust and disproportionate sentences.
The organisation highlights international human rights standards, particularly Article 14(1) of the ICCPR, which guarantees the right to a fair and public hearing by an independent tribunal.
ADPAN recommends that Malaysia establish a formalised mitigation system based on internationally accepted principles to ensure sentencing fairness.
Indefinite juvenile detention
Beyond the death penalty, ADPAN’s statement also addresses concerns over the indefinite detention of juvenile offenders under Section 97(2) of the Child Act 2001.
Parliamentary data shows that 27 juveniles have been sentenced under this provision:
- 11 have been imprisoned for over 10 years.
- 12 have served between 10 and 20 years.
- 2 have been detained for more than 20 years.
Although these individuals receive annual reviews, there is no clear path to release, contradicting Malaysia’s commitments under the Convention on the Rights of the Child (CRC).
The CRC mandates that detention be a last resort and for the shortest possible duration while ensuring a focus on dignity, rehabilitation, and reintegration.
ADPAN expresses concern that decisions regarding juvenile release rest with the Yang di-Pertuan Agong, state rulers, or governors, with little transparency in the review process.
The organisation also notes that these individuals were excluded from the 2023 resentencing reforms, leaving them trapped in an outdated system.
ADPAN calls on Malaysia to abolish indefinite juvenile detention and establish rehabilitative justice models aligned with international best practices and the principle of the child’s best interests.
The push for broader reform
While ADPAN acknowledges Malaysia’s criminal justice reforms as a significant step forward, it stresses that true justice requires broader systemic changes.
The organisation remains committed to working with civil society, legal practitioners, and policymakers to advocate for a fairer and more humane justice system.
ADPAN urges Malaysia to continue its legal reforms by addressing concerns over drug-related executions, ensuring fair sentencing reviews, and ending indefinite juvenile detention.
It argues that only by tackling these broader issues can Malaysia fully align its justice system with international human rights standards.
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