DEATH PENALTY IN MALAYSIA
Malaysia has a death penalty. In most cases those who are sentenced to death are hanged. Malaysia is particularly notorious for imposing death sentences on people caught trafficking drugs. People convicted of murder are also often sentenced to death.
The main offences where the death penalty may apply are murder, offences against the King such as war, treason, drug trafficking, terrorism and possession of firearms Foreigners are not exempt from capital punishment. Capital punishment can only be handed down by the High Court of Malaysia. Death sentences are carried out by hanging. An automatic appeal is made when a death sentence is passed, and the final option is a pardon or clemency granted by the King or Governor of the state. Children and pregnant women are exempt from the death penalty. [Source: Expat Focus]
Between 1960 and 2010 more than 440 people were executed in Malaysia. As of early 2011, Malaysia had nearly 700 prisoners, mostly men, on death row. More than two-thirds of them were involved drug offenses. .[Source: AFP]
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Ten Year Jail Sentence Changed to Death Penalty
In April 2009, The Star reported: “They were looking forward to their release next year after serving time for their roles in the murder of Australian engineer Hans Herzog in 2003. However, their hopes turned into a nightmare. The Appeals Court yesterday substituted the 10-year sentence on Low Kian Boon, 24, with the death penalty after finding him guilty of murder. His male accomplice, 23, (whose name cannot be disclosed as he was a juvenile at the time of trial) was ordered to be further detained in prison at the pleasure of the Sultan of Selangor. [Source: The Star, April 9, 2009]
Court of Appeal judge Datuk Gopal Sri Ram, who sat with Justices Datuk Hasan Lah and Datuk Jeffrey Tan Kok Wha, arrived at the decisions after allowing the prosecution’s appeal against the High Court’s decision in convicting Low and his accomplice of culpable homicide not amounting to murder in Herzog’s killing.
The duo, aged 18 and 17 at that time, were charged with committing the offence at a house in Jalan USJ 1/4E, in USJ, Selangor, between 12.20am and 12.45am on Nov 12, 2003. Herzog’s stepdaughters (aged 16 and 14 at the time of the incident) were also charged in connection with the offence but were acquitted and discharged by the Shah Alam High Court on Feb 6, 2006, without their defence being called.
On April 25, 2006, Judge Datuk K.N. Segara ordered Low to be jailed 10 years from the date of his arrest on Nov 15, 2003, and the accomplice also 10 years from his date of arrest on Nov 12, 2003. In April 2009 Justice Sri Ram told Low: “The court finds you guilty of the offence of murder and you will be taken to a place of execution where you will be hanged by your neck until you are dead. May God have mercy on your soul.” As for the accomplice, a child within the Child Act 2001 at the time of the offence, the judge said under Section 97 of the Act, no sentence of death may be passed upon him. “As such, under Section 97(2) of the same Act, we direct (the accomplice) be detained at a place of lawful imprisonment at the pleasure of the Sultan of Selangor,” he ordered.
He said the court found it was Low or the accomplice who must have inflicted the fatal injury on the deceased. “The attack on the deceased was pre-planned. This is supported by the purchase of two parangs and the manner they entered the deceased’s house. “It is equally supported by the fact that one of the accused pursued the deceased down the staircase of his home. “Taking into consideration premeditation, the nature of the weapons, the nature of the injuries inflicted, it indicates a savage attack. “There were 23 slash wounds on (Herzog’s) body including one each at the neck and face. “The irresistible conclusion which a reasonable tribunal properly directed itself on the totality of the evidence is that the accused intended to kill the deceased.”
Malaysia Keeps the Death Penalty But Abolishes Mandatory Sentencing
In April 2023,Malaysia abolished the mandatory death penalty, allowing judges greater discretion in sentencing. For 11 major offences, including drug-related crimes, courts can now impose alternatives such as life imprisonment instead of automatically issuing a death sentence.The bill that Malaysia’s Parliament approved that scrapped mandatory death penalties and limitted capital punishment to serious crimes was part of wide-ranging reforms and brought possible reprieves to more than 1,300 prisoners on death row. Before the reform courts had no choice but to mandate hanging as punishment for a range of crimes including murder, drug trafficking, treason, kidnapping and acts of terror. [Source: Associated Press, April 4, 2023
Associated Press reported: The reforms include abolishing the death penalty for some offenses that don’t cause death that fall under kidnapping and certain firearm crimes, officials said. Natural life imprisonment, in which prisoners are kept behind bars till death, will also be replaced with jail terms of between 30 and 40 years. Deputy Law Minister Ramkarpal Singh called the reforms a significant step forward for Malaysia’s criminal justice system. He said 1,318 people are on death row in the country, including 842 who have exhausted all avenues of appeals. Most cases are linked to drug trafficking. Once the bill comes into effect, prisoners will have 90 days to file a review of their sentences but not their convictions, he said.
A review of this sentence reflects the government’s commitment to always be open to renewing and improving legislation and justice in this country,” Singh said. He stressed that courts still have the power to uphold a death penalty after reviewing a prisoner’s sentence. The bill is expected to be approved by the upper house and the king and become law.Essentially, we have now narrowed down our death penalty to only three main groups of offenses: murder, drug trafficking and treason,” said Dobby Chew of ADPAN. “This is a good first step forward. It brings Malaysia closer in line with international standards for those countries that retain the death penalty.”
Despite these reforms, drug trafficking remains a capital offence, meaning the death penalty can still be applied at the judge’s discretion. As a result, individuals convicted of such crimes may still face severe penalties depending on the circumstances of their cases. The changes primarily shift sentencing from a fixed punishment to one that considers individual factors. Foreign nationals continue to make up a significant proportion of those on death row in Malaysia, accounting for nearly half of inmates according to recent reports. Many of these individuals come from economically vulnerable backgrounds. A notable number are women, some of whom have claimed they were coerced, misled or pressured into acting as drug couriers.
Following the 2023 legal reforms, many inmates have sought to have their sentences reviewed. Hundreds of prisoners, including foreign nationals, have applied for resentencing in the hope of having their death penalties reduced. In many cases, this could result in prison terms of approximately 30 to 40 years instead of execution.
Caning in Malaysia
Caning—being flogged with a moistened rattan cane— is a punishment in Malaysia. It is used as a supplementary punishment to imprisonment for about 60 crimes, including embezzlement, robbery, rape, and kidnaping. In most cases the punishment is carried out in private. In the early 2000s, incest and rape were made crimes punishable by public flogging.
In December 2010, London-based human rights watchdog Amnesty International urged Malaysia to end a caning "epidemic", saying that highly publicized case involving women was "just the tip of the iceberg". Donna Guest, the group's deputy Asia-Pacific director, said in a statement that Malaysian authorities caned more than 35,000 mostly foreigners since 2002. "The government needs to abolish this cruel and degrading punishment, no matter what the offense," she said. [Source: Al-Jazeera, February 18 2010]
In a report called “A Blow to Humanity,” Amnesty International said: “The Malaysian government must immediately end the practice of judicial caning, which subjects thousands of people each year to systematic torture and ill-treatment, leaving them with permanent physical and psychological scars, Amnesty International said today in a new report. Victims, including many foreigners seeking asylum, have little recourse, support or hope. Many have no understanding of the charges or fate that awaits them. “Caning in Malaysia has hit epidemic proportions,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. “In every case that we examined, the punishment amounted to torture, which is absolutely prohibited under any circumstances.”[Source: Amnesty International, December 6, 2010 +++]
“In recent years, Malaysia has increased the number of penal offenses subject to caning to more than 60. Since 2002, when Parliament made immigration violations such as illegal entry subject to caning, tens of thousands of refugees and migrant workers have been caned. Refugees who fled torture and forced labour in Myanmar told Amnesty International how Malaysia (which does not recognize refugees) caned them for immigration violations, sometimes repeatedly. In Indonesia, Amnesty International met migrant workers deported by boat from Malaysia; 63 of the men had been caned. +++
“Judicial caning was originally imposed under British colonial rule in the 19th century. Under international law, all judicial corporal punishment constitutes torture or other ill-treatment, which is prohibited in all circumstances. Malaysian officials and state employees who are complicit in torture are liable to prosecution worldwide under universal jurisdiction for grave human rights crimes such as these, Amnesty International said. +++
“Neighbouring countries significantly contribute to Malaysia’s economy by sending tens of thousands of migrant workers,” said Sam Zarifi. “Indonesia and other migrant-sending countries should insist that Malaysia stop caning their citizens.” Amnesty International called on the Malaysian government to: 1) Enact immediately a moratorium on caning punishment in all cases, with a view to its abolition; 2) Ratify the UN Convention Against Torture and its Optional Protocol, as well as the International Covenant on Civil and Political Rights; 3) Amend legislation to treat immigration violations as administrative offences rather than crimes punishable by prison or corporal punishment. +++
Drawing on testimony from 57 former prisoners, the report describes how victims are given little warning of the timing of their punishment and forced to line up to watch others being caned. "They only notified me one day before," said Abdul Wahab, a Malaysian who received a single stroke. "I would have been less scared if I had known before. I could have prepared myself. If you don't know, you just wait and wait." Details of Caning in Malaysia
Caning victims are tied down to a wooden trestle and flogged on their bare buttocks with a half-inch-thick rattan cane wielded by an official trained in the martial arts. The canes are moistened so they don't fray. The reason it so painful is that the first few blows open the skin and subsequent blows are wielded on the open wounds. Caning is so painful that victims usually go into shock before the caning is finished and are left with permanent scars. They often have to sleep on their stomach for weeks and have difficulty walking.
According to Amnesty International: “In Malaysian prisons specially trained caning officers tear into victims’ bodies with a metre-long cane swung with both hands at high speed. The cane rips into the victim’s naked skin, pulps the fatty tissue below, and leaves scars that extend to muscle fibre. The pain is so severe that victims often lose consciousness. The Malaysian government does not punish officers for their actions. Instead, it trains officers how to conduct caning and pays them a bonus for each stroke. Many double their income through their caning work. Others take bribes to intentionally miss, sparing their victims. +++
“State-employed doctors also play an integral role in caning. They examine victims and certify their fitness to be caned. When victims lose consciousness during caning, they revive them so the punishment can continue. After caning, some victims suffer long-term physical disabilities. “The role that Malaysian doctors play in facilitating deliberate pain and injury through caning is absolutely contrary to international medical ethics,” said Sam Zarifi. “Instead of treating the victims, doctors are assisting in their torture and ill-treatment.” +++
Caning is carried out differently on men and women. Male drug offenders, kidnappers and others have been caned with a thick rattan stick on bare buttocks, breaking the skin and leaving lifelong scars. The handful of women that have been caned have been struck under Islamic laws with a thin cane on the back with their clothes on.
Caning of Women in Malaysia
In February 2010, three women were caned in Malaysia under Islamic law for committing adultery, the first such case in the country. Two of the women were whipped six times while the third received four strokes of the rotan (cane). Al-Jazeera reported: “Hishamuddin Tun Hussein, the Malaysian home affairs minister, said the sentences were carried out 9 after a sharia court found them guilty of extra-marital sex. "It was carried out perfectly," Hishamuddin said in a statement. "Even though the caning did not injure them [the women], they said it caused pain within them." He said one woman was released after the caning, another was freed a few days later while the third set free four months later. [Source: Al-Jazeera, February 18 2010]
“The women, and four men, were caned following a decision in the religious courts, Hishamuddin said. His comments came as authorities were preparing to cane another Muslim woman, Kartika Sari Dewi Shukarno, who was arrested in 2009 for drinking beer and sentenced to six strokes of the cane. The case, when first reported, raised concerns that the nation's secular status is under threat, eroding the rights of some 40-45 percent of the country's ethnic minorities.
“Hishammuddin said Kartika's case had flagged concerns about how women should be flogged and that the recent canings demonstrated that the prisons department can carry out punishments in accordance with Islamic law. Under the sharia, the women have to be whipped in a seated position by a female prison guard and be fully clothed. "I hope this will not be misunderstood so much that it defiles the purity of Islam," Hishammuddin said, according to state media. "The punishment is to teach and give a chance to those who have fallen off the path to return and build a better life in future."
“The caning, however, has raised new questions about whether a state religious court can sentence women to be caned when federal law precludes women from such a punishment, while men below 50 can be punished by caning. The case is expected to fuel a debate over rising "Islamisation" in Malaysia, where religious courts have been clamping down on moral offences, as well as a ban on Muslims consuming alcohol that had been rarely enforced.
“News of the women's caning sparked public outrage, with lawyers and rights groups blaming the government for allowing it. Ragunath Kesavan, president of the Malaysian Bar, said it was worrying that the punishment had gone ahead even as the caning issue was being hotly debated by Muslim scholars, religious groups and human rights activists. "The impression was that Kartika's case would be the first so I've got no idea what has happened," he said. "It's not as if this is the Middle East... it's not a good signal that they're [the government] sending out." "We are against any form of corporal punishment, for men or women," Kesavan said. "The fact is that any form of whipping is barbaric." Sisters in Islam, a local group of Muslim women activists, said the caning "constitutes further discrimination against Muslim women in Malaysia".
Malaysian Man Publicly Caned for Getting Too Close to a Non-Relative Woman
In December 2024, a Malaysian man was publicly caned at a mosque in the northeastern state of Terengganu after being convicted of the Islamic offence of “khalwat,” or close proximity with a non-family member of the opposite sex. The punishment drew national and international attention because it was carried out in public rather than inside a courtroom, making it one of the rare public Sharia canings in the country. [Source: Reuters, December 27, 2024; AFP, December 27, 2024]
The 42-year-old construction worker, Mohd Affendi Awang, pleaded guilty to the offence and was sentenced by a Sharia court to six strokes of the cane and a fine. It was reportedly his third conviction for khalwat. Mohd Affendi, who is also a father of five, underwent a medical examination before the punishment was carried out at a mosque following Friday prayers. Around 90 people witnessed the caning under heavy police presence. According to local broadcaster Astro Awani, the procedure, carried out by a prison officer from Marang Prison, lasted about two minutes.
An AFP journalist reported seeing Mohd Affendi arrive at the mosque in a prison van wearing an orange inmate uniform before entering the mosque before a hushed crowd. Bernama described the event as the first instance of a Sharia court-ordered whipping taking place outside a court setting in Malaysia. Terengganu is governed by the Islamist party Parti Islam Se-Malaysia, commonly known as PAS, which has long advocated stricter implementation of Islamic law. PAS deputy president Tuan Ibrahim Tuan Man defended the punishment, saying: “The implementation of public caning for khalwat repeat offenders serves to educate the public in accordance with the commands of Allah.”
The public caning sparked criticism from legal and human rights groups. The Human Rights Commission of Malaysia said punishments involving “physical violence and public humiliation have no place in a modern justice system,” while also questioning whether public caning complies with Malaysia’s Federal Constitution and federal law. The Malaysian Bar expressed “profound concern” over the punishment, stating that “such punishments strip individuals of their dignity.” However, some residents supported the sentence. One spectator, Mohd Sabri Muhammad, said he hoped the punishment would deter immoral behaviour, adding: “Valentine’s Day, New Year’s, there are many opportunities for young people to engage in inappropriate behavior.”
Prisons in Malaysia
Prisoners are often forced to sleep on concrete floors of their cells. Prison sentences are customarily reduced by a third for good behavior. Sometimes prisoners are pardoned by the king. According to AFP in 2009: “The current capacity of prisons nationwide is only 32,200. The government recently approved the building of 16 new prisons with a combined holding capacity of 18,000, the Star newspaper reported. Malaysia has already introduced an early-release programme for prisoners who demonstrate good conduct as part of its plan to cut costs and overcrowding in prisons. It has also introduced alternative non-prison sentences and community service orders for minor offences.
Describing a prisoner kept in soundproof cell, Peter Gwin wrote in National Geographic, “The closest the guards let me get to him is the other side of a scratched, bulletproof window looking onto an interview cell. Ariffin sits silently, the telephone pressed to his ear, his eyes shifting between the interpreter and me, his shirt damp with sweat. “The lawyer took all my money,” he says finally. “I have no soap. I haven’t brushed my teeth since I got here.” I offer to leave some toiletries for him with the guards. His demeanor brightens. After a while “a guard signals that our time is up. I hurriedly tell Ariffin about my plans to visit Batam. The guard puts his hand on Ariffin’s shoulder. The prisoner squeezes the phone. For the first time, I notice his muscular forearms. He speaks quickly before the guard leads him away. He said, “Don’t forget about the toothbrush.” [Source: Peter Gwin, National Geographic, October 2007]
Parole—the early release of a prisoner who is then subject to continued monitoring as well as compliance with certain terms and conditions for a specified period—was not introduced in Malaysia until 2008. Prisons director Datuk Wira Zulkifli Omar told Th Star it works and has helped ease congestions in prisons nationwide and given prisoners a second chance at life. For instance, in Johor, of 578 convicts given parole over the past four years until Thursday, only 1.9 percent (less than a dozen of them) had broken the conditions and sent back to prison. “This is a very good statistic which shows that the parole system is working in the country,” he said when launching the department's Message from the Prison programme at the Simpang Renggam Prison here. [Source: the Star June 30, 2012]
Zulkifli said recently 169 convicts undergoing rehabilitation programme for parole were sent for community service at places such as mosques, old folks homes and orphanage. They recorded a good attendance, he added. Zulkifli said 22 convicts stayed at the department's half-way house in Johor Baru, introduced last year, which gave them an opportunity to find employment and to get back on their feet. He said the department also housed 564 convicts at Kem Mahkota, Kluang, for a community rehabilitation programme.
Malaysia Deports Foreign Prisoners
In June 2009, Malaysia announced plans to deport foreign prisoners and allow them to serve out the rest of their sentences in their home countries to cut costs and overcrowding in local jails. AFP reported: “Proposed legal amendments will allow a prisoner-transfer agreement withother countries to ease congestion in Malaysia's 30 prisons, Home Minister Hishammuddin Hussein said. "As of May, 41 percent or 15,279 of the 37,242 inmates serving time in our jails are foreigners," the minister told the New Straits Times newspaper. "Not only are the prisons congested but there is also the high cost of management that would be a burden to the country if this continues," he added. [Source: AFP, June 9, 2009]
The agreement would also allow Malaysians jailed overseas to return to prisons back home to serve the remainder of their sentences. The report did not say how many Malaysians were believed to be held in prisons abroad. No nationality breakdown was given for the foreign prisoner population in Malaysia, one of Asia's largest importers of labour with an estimated 2.2 million guests workers largely employed in the plantation, manufacturing, construction and service sectors.
Image Sources: Wikimedia Commons
Text Sources: New York Times, Washington Post, Los Angeles Times, Times of London, Lonely Planet Guides, Library of Congress, Malaysia Tourism Promotion Board, Compton’s Encyclopedia, The Guardian, National Geographic, Smithsonian magazine, The New Yorker, Time, Newsweek, Reuters, AP, AFP, Wall Street Journal, The Atlantic Monthly, The Economist, Foreign Policy, Wikipedia, BBC, CNN, and various books, websites and other publications.
Last updated May 2026