[UPDATED] S’porean govt should commute Nagaenthran’s death sentence: rights groups

KUALA LUMPUR – The public dismay and outrage should spur Singapore to commute Malaysian Nagaenthran Dharmalingam’s death sentence, said civil society organisations.

Amnesty International Malaysia (AIM) has submitted a petition to the Singaporean government calling for clemency to be granted to mentally disabled Nagaenthran, who is currently on death row in the island republic.

AIM research consultant Brian Yap was accompanied by Anti-Death Penalty Asia Network executive coordinator Dobby Chew and representatives from rights groups, including Generasi Gabungan Aspirasi Rakyat Malaysia and Sebaran Kasih to hand over a petition to First Secretary (Political) Bhargav Sriganesh at the Singapore High Commission here.

Yap said in a press conference that the overwhelming dismay and outrage that has surfaced since Nagaenthran’s case was made public should be a sign to the Singapore government to commute his sentence.

“Most of the world do not want to see a person of questionable mental capacity executed as we do not want to take the life of a man who barely understands what is going on.”

He added that by hanging victims of crime lords, the bigger issue of combating drug syndicates is not addressed.

“Executing drug mules unwittingly used by drug syndicates does not solve drug problems,” he said, adding that more than 400 individuals in support of Nagaenthran have written to the Singapore president appealing for his life to be spared.

“The ball is now in the court of the Singaporean prime minister and cabinet. They get to decide whether they want to be a country that executes a mentally challenged individual or a nation that does not take barbaric and inhumane actions.

“As such, we hope that the government will rethink its position on the death penalty in general by reviewing the mandatory usage of the death sentence as the first step towards doing away with capital punishment, which is cruel, inhumane and degrading.”

Yap added that AIM will not be giving up its fight for justice for Nagaenthran, who suffers from impaired executive functioning and attention deficit hyperactivity disorder, even if today’s petition brings no positive change to the situation.

“If the petition fails, we will continue to fight not only for Nagaenthran, but for the many other death row inmates who are in similar predicaments.

“There have been many obstacles and hurdles along the way, but we will persist in our fight on their behalf for as long as they are alive.”

Chew, meanwhile, said the Malaysian and Singaporean governments share a similar viewpoint on the death penalty being a deterrent for drug trafficking.

“However, when the public is made aware that the person who will be executed is someone with an intellectual disability, there is a shift in public perception as there is no justice in this.”

He added that based on the court proceedings during Nagaenthran’s recent hearing at the Singapore Court of Appeal on March 1, the nation does not have a “clear position” on the outstanding issue of executing those who are mentally challenged.

“The public prosecution and judge had pointed to the direction of there being no clear position on what happens to an inmate on death row if their mental capacity has deteriorated and they are not fit for execution.”

Nagaenthran was arrested in 2009 for trafficking a small amount of heroin into the city-state and was sentenced to death the following year.

Channel News Asia reported that during the hearing, Nagaenthran’s lawyer Violet Netto had requested for an independent psychiatric assessment of her client while seeking for the release of existing medical and psychiatric evaluations currently in the possession of the Singapore Prison Service.

In response, chief justice Sundaresh Menon had said the court needed evidence to be persuaded that there is a “real issue” to be looked at.

The outcome of Nagaenthran’s appeal is yet to be decided. – The Vibes, March 9, 2022