KUALA LUMPUR – Following Singapore’s decision to proceed with the execution of disabled Malaysian Nagaenthran K. Dharmalingam on April 27, civil society organisations are once again up in arms over the republic’s insistence on resorting to the death penalty.
In a joint statement from the Anti-Death Penalty Asia Network and the Transformative Justice Collective, the groups raised their doubts over whether Nagaenthran had been accorded due legal rights.
They claimed that the timeframe in which Nagaenthran’s legal challenge and clemency application was dismissed has raised questions as to whether the clemency process outlined under Article 22P(2) of the Singaporean constitution was complied with.
Under Article 22P of the island republic’s constitution, the clemency process is a layered procedure where the trial judge, the appeal judges and the attorney-general provide their respective opinions and feedback to the cabinet before advice is presented to the president.
“If the process was complied with, what was the opinion provided by stakeholders, particularly regarding Nagaenthran’s legal challenge on him possibly having suffered from declining mental health and psychosis during his detention?” they pressed.
Noting that the Singaporean government has yet to provide Nagaenthran with an independent psychiatric assessment, the groups called on the nation to halt the execution and conform with international human rights law on executing persons with intellectual or psychosocial disabilities.
Last month, Singapore’s appeals court dismissed Nagaenthran’s appeal against his death sentence for trafficking a small amount of heroin, ruling that it had “no factual and legal basis”.
Amnesty International Malaysia had also submitted a petition last month calling for clemency to be granted to Nagaenthran.
Nagaenthran was arrested in 2009 and found guilty a year later for trafficking in 42.72g of heroin.
During his trial it was established that Nagaenthran had an IQ of 69, but the judge ruled that he was on the borderline of having a functional intellect.
The court also came to the conclusion that Nagaenthran was aware that what he was doing was a crime. – The Vibes, April 20, 2022
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