Malaysia

We have been working in Malaysia for more than fifteen years, where the death penalty remains in force, but has been the subject of significant legislative reform. Our research and advocacy have played a central role in the restriction of its use. The work towards full abolition continues.

Malaysia retains the death penalty, including for drug offences. However, in July 2018, the government declared a nationwide suspension on executions. No executions are known to have taken place since 2017.

In 2023, a landmark legislative reform abolished the mandatory death penalty across all offences, enabling judges to have discretion in sentencing. It also triggered a review of the sentences of more than a thousand people on death row. The reforms also included the full abolition of the death penalty for several offences and the repeal of natural life imprisonment.

While these are significant steps forward, capital punishment remains available in law and the work to achieve full abolition continues.

We began working in Malaysia in the early 2010s, representing individuals facing the death penalty and engaging with key stakeholders on the question of capital punishment.

Central to our work has been the use of rigorous research to shift policy. In 2012, we commissioned the Death Penalty Research Unit at the University of Oxford to conduct a large-scale public opinion survey on the mandatory death penalty, based on a representative sample of 1,535 Malaysian citizens. The findings played a pivotal role in the government’s decision to abolish the mandatory death penalty for drug-related offences.

Building on that foundation, we collaborated with the Death Penalty Research Unit on a major three-year study mapping the political economy of drugs and the death penalty across Southeast Asia, generating the evidence base needed to drive further reform across the region.

We continue to push for evidence-based reform, and to work towards the full abolition of capital punishment in Malaysia. Recent research we have conducted in Indonesia on the death penalty and drug crime will be a vital resource for engagement with decision makers throughout the region.

Related news and resources

Resource
Mapping the Political Economy of Drugs and the Death Penalty in Southeast Asia
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Mapping the Political Economy of Drugs and the Death Penalty in Southeast Asia
This three-year research project (2022- 2025), co-directed by the Death Penalty Research Unit and The Death Penalty Project, will test the veracity of assumptions about who is convicted of drug offences and the deterrent effect of the death penalty. It will generate new empirical knowledge about who is on death row for drug offences and the factors that influence decisions…
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Resource
Dealing with Punishment: Risks and Rewards in Indonesia’s Illicit Drug Trade
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Dealing with Punishment: Risks and Rewards in Indonesia’s Illicit Drug Trade
In 2020-2021, The Death Penalty Project, in partnership with Community Legal Aid Institute, LBH Masyarakat, commissioned The Death Penalty Research Unit (DPRU) at the University of Oxford, in association with University Centre of Excellence HIV/AIDS Research Centre-HPSI at Atma Jaya Catholic University of Indonesia (AJCU),  to conduct the research building empirical knowledge on who is being convicted for drug offences…
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Resource
Risks and Rewards in Indonesia’s Illicit Drug Trade
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Risks and Rewards in Indonesia’s Illicit Drug Trade
At the end of 2021, more than 80% of all recorded death sentences in Indonesia were imposed for drug related offences. Together with LBH Masyarakat, we commissioned the Death Penalty Research Unit (DPRU), University of Oxford and Atma Jaya Catholic University of Indonesia (AJCU) to undertake research investigating the economic and social motivations for entry into Indonesia’s illicit drugs trade,…
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Media
Malaysia scraps mandatory death penalty, natural-life prison terms
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Malaysia scraps mandatory death penalty, natural-life prison terms
This article was originally posted in Reuters, 3 April 2023 By Rozanna Latiff           1,300 convicts will be eligible for sentence review Death penalty has been an ineffective deterrent – minister Moratorium on executions in Malaysia since 2018 KUALA LUMPUR, April 3 (Reuters) – Malaysia’s parliament on Monday passed sweeping legal reforms to remove the mandatory…
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News
Malaysia set to abolish the mandatory death penalty
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Malaysia set to abolish the mandatory death penalty
UPDATE: On 11 April, the Dewan Negar (The Senate) passed the bills abolishing the mandatory death penalty in Malaysia. Once gazetted, the death penalty will no longer be the mandatory (automatic) sentence and judges will have the discretion to consider all the circumstances of a case before deciding on the appropriate sentence, including a prison sentence not exceeding 40 years.…
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Resource
Investigating Attitudes to the Death Penalty in Indonesia
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Investigating Attitudes to the Death Penalty in Indonesia
In 2019-20, The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, commissioned Prof. Carolyn Hoyle of the Death Penalty Research Unit at the University of Oxford to conduct a thorough survey of attitudes towards the death penalty in Indonesia. The research aimed to better understand attitudes and facilitate a nuanced discourse.  This briefing note presents…
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News
Malaysian man has death sentence quashed as judgment in Singapore makes judicial history
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Malaysian man has death sentence quashed as judgment in Singapore makes judicial history
On Monday, judicial history was made in Singapore when the death sentence imposed on Malaysian national, Gobi a/l Avedian, for importing class A drugs was overturned.
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Media
Malaysia could lead way in abolishing death penalty
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Malaysia could lead way in abolishing death penalty
Recent moves to end capital punishment show that change is possible even in the strictest countries, Saul Lehrfreund writes for The Times
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News
Imminent Execution of Malaysian National in Singapore
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Imminent Execution of Malaysian National in Singapore
*UPDATE* Prabagaran Srivijayan was executed at 06:00 (Singapore) on Friday 14th July 2017.
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News
Supporting Foreign Nationals Facing the Death Penalty in Malaysia
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Supporting Foreign Nationals Facing the Death Penalty in Malaysia
For the past four years the Death Penalty Project has been working to protect the human rights of foreign nationals in Malaysia facing the death penalty.
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News
Forensic Psychiatry Training Workshop for Mental Health and Legal Professionals in Malaysia
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Forensic Psychiatry Training Workshop for Mental Health and Legal Professionals in Malaysia
On 26th October 2013, in association with Bar Council Malaysia, the National Human Rights Society (HAKAM) and Newcastle University Medicine Malaysia, we held a forensic psychiatry training workshop in Kuala Lumpur for mental health and legal professionals involved in capital cases in Malaysia.
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News
DPP Launches Report on the Public Opinion Survey on the Mandatory Death Penalty in Malaysia
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DPP Launches Report on the Public Opinion Survey on the Mandatory Death Penalty in Malaysia
In association with the Bar Council Malaysia, the DPP today launched a report of the findings of a public opinion survey on the mandatory death penalty.
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Resource
Investigating Attitudes to the Death Penalty in Indonesia (Part Two)
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Investigating Attitudes to the Death Penalty in Indonesia (Part Two)
In 2019-20, The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, commissioned Professor Carolyn Hoyle, of The Death Penalty Research Unit at the University of Oxford to conduct research investigating attitudes towards the death penalty in Indonesia. The findings have been presented in a two-part report; the first details the findings of a nuanced public…
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Resource
Investigating Attitudes to the Death Penalty In Indonesia (Part One)
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Investigating Attitudes to the Death Penalty In Indonesia (Part One)
In 2019-20, The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, commissioned Professor Carolyn Hoyle, of The Death Penalty Research Unit at the University of Oxford to conduct research investigating attitudes towards the death penalty in Indonesia. The findings have been presented in a two-part report; the first details the findings of a nuanced public…
Read more
Resource
Unjust and Unwanted: Malaysia’s Mandatory Death Penalty (2018)
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Unjust and Unwanted: Malaysia’s Mandatory Death Penalty (2018)
Malaysia is one of only a handful of countries around the world that continues to retain a mandatory death penalty – where death sentences are imposed automatically with no chance for the courts to consider the individual circumstances of the case. The newly elected Malaysian government has promised to abolish mandatory death sentences and other “oppressive laws”. This short animation…
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Resource
The Death Penalty in Malaysia
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The Death Penalty in Malaysia
This report, launched in association with the Bar Council Malaysia, presents the findings of a public opinion survey on the mandatory death penalty carried out in Malaysia. In October 2012, the DPP commissioned Professor Roger Hood, Professor Emeritus of Criminology at the University of Oxford, to design and analyse the findings of a public opinion survey on the mandatory death penalty in Malaysia. The…
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