Two years after scrapping the mandatory death penalty, data suggests Malaysia could be leaving it behind for good.

KUALA LUMPUR, April 5 — Two years after Prime Minister Datuk Seri Anwar Ibrahim’s administration abolished the mandatory death penalty, Malaysia has seen a dramatic 87 per cent drop in its death row population — the strongest sign yet that the country is shifting away from capital punishment, even though it remains legal.

Commutations Surge After Law Reform

During the February-March Parliament sitting, data showed a notable rise in the number of commuted death sentences in the six months following the repeal. The spike came as inmates filed appeals for resentencing, which judges largely approved.

Most of the sentences were reduced to prison terms ranging between 20 and 40 years, with the longer durations typically reserved for serious crimes like murder.

Fast-Tracked Resentencing

As of January 2024, there were 1,275 individuals on death row, with 936 awaiting resentencing. By January 1 this year, that number had fallen sharply to just 140 inmates— a reduction of nearly 90 per cent.

Judges handled resentencing cases swiftly, cutting them by more than half by mid-2024 and resolving the majority by year-end.

Only 50 Death Sentences Retained

In total, 860 death sentences were commuted within a year. Only 50 were retained, while 22 applications were struck out on administrative grounds, preventing inmates from reapplying. Four inmates died in custody before their appeals could be heard.

Drug Offenders See Highest Commutation Rate

While courts tended to uphold death sentences for murder, many drug trafficking offenders were granted commutations. The number of death row inmates convicted of drug trafficking dropped from 840 in January 2023 to just 40 a year later — the highest commutation rate among all offences.

Conversely, homicide cases had the highest sentence retention. Of 435 inmates convicted of murder at the start of 2024, 335 had their sentences commuted by year-end. The remaining 100 retained their death sentences.

Men accounted for the majority of retained sentences, with 137 male inmates remaining on death row. Only three women are still facing execution.

Advocacy Groups Welcome Progress, Raise Concerns

Groups such as Hayat, which works with families of death row inmates, said the data marks significant progress but highlighted areas that still need reform.

One key issue is the lack of written judgments in resentencing cases — a missed opportunity to guide consistent and fair sentencing decisions.

Concerns also remain regarding juvenile offenders and inmates with mental health conditions. Current laws still allow for indefinite imprisonment or the death penalty for these groups.

Additionally, whipping remains legal, despite calls from human rights organisations to abolish it alongside the mandatory death penalty. Activists continue to describe the punishment as cruel and inhumane.