KUALA LUMPUR — Amnesty International Malaysia has criticised the government’s continued use of the death penalty, despite commitments made at the international level to abolish the punishment entirely, noting that 140 individuals remain on death row in Malaysia.
In a statement issued on Monday, Amnesty acknowledged Malaysia’s progress in 2023, particularly with the abolition of the mandatory death penalty.
It also recognised the judiciary’s role in commuting over 1,000 death sentences this year, with both the Federal Court and the Court of Appeal contributing to the reduction.
However, the organisation remains deeply concerned over the imposition of 24 new death sentences by the High Courts in 2024, nine of which involved drug offences.
“All the newly imposed drug-related death sentences came from High Courts,” it said, noting the disparity in approach at different levels of the judiciary.
“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,” the group said.
“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.”
Amnesty’s statement came in conjunction with the launching of 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.
The report also noted that 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.”
Global commitment, local inaction
Amnesty also criticised Malaysia for failing to translate its global commitments into domestic reforms. The country has consistently voted in favour of United Nations General Assembly resolutions calling for a moratorium on the use of the death penalty — most recently in December last year.
However, the rights group said this position rings hollow without the legislative changes and systemic reforms necessary to bring Malaysia’s legal framework in line with international human rights standards.
It also highlighted Malaysia’s lack of intervention in cases involving its citizens facing execution overseas, such as in Singapore.
“(Additionally), 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,” it said.
Amnesty further called for the government to take “its long-overdue next step” by abolishing the death penalty for drug-related offences, warning that continued inaction may result in more lives lost to a punishment that “has no place in a just and humane society.”
Asean leadership at stake
Amnesty Malaysia’s interim executive director Vilasini Vijandran said the government must demonstrate leadership in practice — not just in international forums.
“If Malaysia wants to be a credible voice against the death penalty — not just in diplomatic forums but in practice — it must lead by example,” she said.
She added that with Malaysia holding the Asean chairmanship, abolishing the death penalty for drug offences would send a strong regional message.
“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,” said Vilasini.
Malaysia has maintained an informal moratorium on executions since 2018. Nevertheless, without full abolition, the country remains one of 54 retentionist states — unable to join the majority of 145 nations that have abolished the death penalty in law or practice.
Amnesty also flagged Malaysia as one of only 13 countries that still impose capital punishment for drug offences, which do not meet the threshold of “most serious crimes” under international law and standards.
Public debate persists
The death penalty continues to divide public opinion in Malaysia. While rights groups have long pushed for abolition, families of violent crime victims argue for its retention.
One such case is the 2017 murder of naval cadet Zulfarhan Osman Zulkarnain at Universiti Pertahanan Nasional Malaysia (UPNM), which has fuelled ongoing debate.
The Court of Appeal recently sentenced six former students to death for torturing Zulfarhan, which led to his death. Those convicted were Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.
The Human Rights Commission of Malaysia (Suhakam) opposed the sentence, arguing that the death penalty was neither a fair nor effective form of justice. The commission urged the government to reconsider its use and move towards a more humane system.
However, Zulfarhan’s parents — Zulkarnain Idros and Hawa Osman — welcomed the ruling, expressing relief that justice had finally been served.
The Malaysian Crime Prevention Foundation (MCPF) also defended the sentence, calling it just and appropriate given the brutality of the crime.
Its senior vice-chairman Datuk Seri Ayub Yaakob said: “Torturing someone to death is a blatant violation of human norms, especially when perpetrated by educated individuals.”
He added that Suhakam must understand that although the mandatory death penalty has been abolished, the judiciary retains the discretion to impose capital punishment in certain cases. — April 8, 2025