Singapore urged to halt execution of mentally disabled Malaysian

KUALA LUMPUR – The Singaporean government has been urged to immediately halt the impending execution of Malaysian Nagaenthran Dharmalingam.

Thirty international non-governmental organisations in a joint statement called on United Nations (UN) entities, the European Union, and all relevant stakeholders to take urgent action.

“The use of the death penalty for drug offences is a clear violation of international human rights, as well as drug control standards – as reiterated by the UN High Commissioner for Human Rights, the Human Rights Council, the UN Office on Drugs and Crime, and the International Narcotics Control Board. 

“Contrary to the government’s claims, there is no proof that the death penalty has a unique deterrent effect on drug use or trafficking. 

“We call on the government of Singapore to halt Nagaenthran’s execution and to commute his sentence, as a first step towards abolition of the death penalty, and towards drug policies that centre health and human rights,” said the statement jointly signed by Harm Reduction International (HRI), the International Network of People who Use Drugs, and the International Drug Policy Consortium, alongside 27 organisations and networks.

Nagaenthran, 32, was arrested in 2009 and sentenced to death in 2011 for importing with the intent of trafficking 42.72g of diamorphine. 

The Singapore Court of Appeal upheld the sentence in November 2011, and further re-sentencing applications were dismissed. 

On October 26, Nagaenthran’s family was informed that he would be executed on November 10, and was advised to start making travel and funeral arrangements.

Nagaenthran – reportedly pushed to import drugs in exchange for RM500 to pay for his father’s upcoming heart surgery – experiences mental health issues and has an intellectual disability, having been diagnosed with mild attention deficit hyperactivity disorder.

According to the statement, his IQ of 69 meets international standards for intellectual disability, and his functioning skills (including verbal fluency, abstract reasoning, and problem solving) are impaired. Nevertheless, judges concluded that his impairment was not sufficient to grant re-sentencing, and in 2017 upheld his death sentence.

“Like many capital drug defendants, Nagaenthran was evidently at the low end of the drug supply chain, was tricked – if not coerced – to carry drugs, and did not stand to make a sizeable profit in return for the incredibly high risk activity of carrying drugs across international borders. 

“Rather, the use of the death penalty and punitive drug policies more generally work to deepen stigma and discrimination against people who use drugs, and entrench cycles of poverty and marginalisation. 

“As more countries move away from using the death penalty as a tool of drug control, research by HRI shows Singapore is one of the few countries that regularly sentence individuals to death for drug offences.

“In addition, the imposition of capital punishment against persons with mental or intellectual disabilities is prohibited by international law and a violation of the Convention on the Rights of Persons with Disabilities, which Singapore ratified,” the statement read.

It said Nagaenthran’s siblings and mother live in Malaysia, and – in addition to the extraordinary mental and emotional toll – are facing significant financial and logistical challenges to travel to Singapore, particularly in light of Covid-19 restrictions. 

“Once in the country, they will have to comply with the stay-home notice (SHN) and are strictly prohibited from using public transportation. If they test negative for Covid-19, they will be granted an exception to SHN to travel to and from the prison, although it is unclear whether they will be able to have any physical contact with Nagaenthran. 

“If the test comes back positive, they will be barred from visiting Nagaenthran and may be confined to a medical facility.”

The statement co-signatories comprise Adrian & Adrian, Abogados Consultores; Anti Death Penalty Asia Network; Asia Catalyst; Capital Punishment Justice Project; Centre on Drug Policy Evaluation; Centro de Convivência É de Lei; Citywide Drugs Crisis Campaign; Corporación Acción Técnica Social; Drug Policy Network South East Europe; Eleos Justice, Monash University; Ensemble Contre le Peine de Mort; Episteme, Investigación y Acción Social; Instituto RIA AC; Intercambios Puerto Rico; International Center for Ethnobotanical Education, Research and Service; Jakarta Feminist Association; Lawyering On The Margins; Lawyers Collective; LBH Masyarakat; Metzineres; Mexico Unido Contra la Delincuencia; Reprieve; RESET – Política de Drogas y Derechos Humanos; Rights Reporter Foundation; Singapore Anti-Death Penalty Campaign; Viso Mutop; and Washington Office on Latin America. – The Vibes, November 4, 2021