KUALA LUMPUR – Malaysians are on a mission to save a 33-year-old man with mental disabilities from the gallows in Singapore.
While standing trial in Singapore for drug trafficking, Nagaenthran Dharmalingam told the court that he was coerced to perform the illegal act by a man who assaulted him and threatened to murder his girlfriend.
It is learnt that Nagaenthran only has an IQ of 69 and suffers from impaired executive functioning and attention deficit hyperactivity disorder.
Nevertheless, despite psychiatrist Dr Ung Eng Khean’s submission that Nagaenthran suffers from an “abnormality of the mind” during his arrest, the death sentence was imposed on him.
According to his appeal summary as delivered by Singapore chief justice Sundaresh Menon, Nagaethran was detained while entering Singapore from Malaysia in 2009 when he was only 21 years old.
Upon his detention, Nagaenthran was found to have diamorphine strapped to his thigh, which he said was placed there by a friend he only knew as “King”.
On appeal, because Nagaenthran provided different and irreconcilable accounts of why he committed the offence, the court had no reason to doubt the veracity of his initial statement upon arrest.
Thus, the court held that Nagaenthran’s mental responsibility for the offence could not have been substantially impaired because he understood the nature of his act as well as its illegal nature.
“In the court’s judgment, the appellant took a calculated risk, which contrary to his expectations, materialised.
“In the circumstances, even if his ability to assess the risk was impaired, on no basis could this amount to an impairment of his mental responsibility for his acts,” the case summary read.
Speaking to The Vibes, Singapore lawyer M. Ravi suggested the situation concerning Nagaenthran is now an international law matter, requiring the intervention of the Malaysian government.
Providing an example, he said countries like Germany have challenged the United States (US) over the legality of executing German citizens under international law.
Checks showed in year 2000, that Germany sued the US in the International Court of Justice (ICJ) over the execution of Karl LaGrand and Walter LaGrand for murdering a bank manager in 1982.
Germany argued that Karl and Walter were not notified of their rights under international law to contact their German consular officials after their arrest.
In Nagaenthran's case, Ravi said that the execution of a mentally disabled individual contravenes international law, pointing out that Singapore is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
Under Article 15 of the CRPD, countries are to take “legislative, administrative, judicial or other measures” to prevent disabled individuals, on an equal basis with others from being subjected to torture or cruel, inhumane, or degrading treatment or punishment.
Further, according to Ravi, the execution of a mentally disabled person not only goes against the CRPD but customary international law as well.
Lawyers For Liberty adviser N. Surendran explained customary international law as legal provisions that build up over a course of time.
“Once there’s a customary international law against something, states can sue other states in the International Court of Justice.
“Executing a mentally disabled individual goes against customary international law, thus Malaysia can take Singapore to the ICJ over the death penalty imposed against Nagaenthran.
“Nagaenthran’s execution is only a week away and we hope the Singapore government does not go on with it given the public opinion on the matter.
“We are not ruling out anything including legal challenges, which I can’t divulge now,” Surendran said when contacted.
Currently, there is a petition on change.org that has already garnered 25,940 signatures at the time of writing.
The petition seeks for Singapore President Halimah Yacob to pardon Nagaenthran for the commission of a non-violent crime.
“Given that Nagaenthran is intellectually disabled, committed a non-violent crime, and was allegedly coerced by assaults and threats, we sincerely appeal for President Halimah Yacob to uphold Singapore’s commitment to the CRPD by pardoning Nagaenthran’s death sentence,” the petition reads.
The Malaysian Bar Council, Sarawak Advocates Association and Sabah Law Society are also expected to submit a letter of appeal for clemency for Nagaenthran, to the Singapore High Commissioner today.
Nagaenthran has been scheduled to be executed eight days from now on November 10. – The Vibes, November 2, 2021
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