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SINGAPORE, DO NOT EXECUTE MALAYSIAN PRABAGARAN ON 14 JULY 2017
MADPET calls on Singapore to stop its plans to execute Malaysian citizen in respect of Malaysian court
MADPET(Malaysians Against Death Penalty and Torture) calls on
Singapore to stop its plans to execute Malaysian citizen Prabagaran
Srivijayan on Friday, 14 July 2017. Prabagaran was convicted and
sentenced to death for the offence of drug trafficking by Singapore.
There are concerns that he was not accorded a fair trial.
There is an application now pending at the Malaysian Court of Appeal
to refer Singapore to the International Court of Justice (ICJ) for
breach of the right to a fair trial. Last March, the Malaysian High
Court denied the application for leave for a judicial review to compel
Malaysia to intervene by referring Singapore to the ICJ.
That means that
this judicial review is not even been heard on the merits. Justice
demands that Prabagaran not be executed until this court application be
heard.
Singapore will not lose anything by simply postponing the execution, better still commuting the death penalty to imprisonment.
As such, for Singapore to execute this Malaysian at this stage, it
may be said to be an act of disrespecting not only the Malaysian courts
and Malaysia, but also be an affront to justice to execute before the
convicted is able fully exercise all available legal options. To now
continue with a speedy execution, will also raise the presumption that
Singapore may be fearful that the International Court of Justice may
indeed confirm that Prabakaran was denied a fair trial.
Whilst Singapore may have amended its laws, making it a possibility
that persons convicted for drug trafficking not to be sentenced to
death, there are serious flaws in this new current law.
To escape the death penalty, the accussed needs to satisfy 2
conditions - (1) Must get a Certificate Of Substantive Assistance from
the Attorney General's Chambers, and (2) prove on a balance of
probabilities, that his involvement in the offence under section 5(1) or
7 was restricted — to transporting, sending or delivering a controlled
drug; to offering to transport, send or deliver a controlled drug; to
doing or offering to do any act preparatory to or for the purpose of his
transporting, sending or delivering a controlled drug; or to any
combination of activities above;
Thus, without the Attorney General Chamber’s certificate, the judges
in Singapore cannot exercise their discretion when it comes to
sentencing, and will have no choice but to sentence the convicted to
death.
It should be only court who determines whether ‘substantive
assistance’ was given or not, certainly not the Attorney General’s
Chambers. Some persons may not have any other information, and it is
unjust conclude since they had not provided ‘substantive assistance’,
they will die. Judges will certainly be more independent in determining
whether the required or possible ‘substantive assistance’ was given or
not – certainly not the Attorney General’s Chambers, who is also the
prosecuting authority.
Hopefully, Malaysia will not make a similar mistake when it abolishes
the death penalty, and would always ensure that only judges will be
vested with the discretion when it comes to sentencing.
To compound matters, the denial of access of lawyers in the Malaysian
court actions to Prabagaran is unacceptable and against human rights.(Malay Mail, 7/7/2017)
MADPET calls on Singapore to immediately postpone the planned
execution of Prabakaran until he has fully exhausted all his legal
options in Malaysia and Singapore, and maybe even the International
Court of Justice(ICJ);
MADPET also call for Prabakaran’s death penalty to be commuted;
MADPET calls on Singapore to amend its laws, returning discretion to
judges when it comes to sentencing. The provision in law about the
requirement of ‘Certificate of Substantive Assistance’ by the Attorney
General’s Chambers, before the convicted becomes entitled to a sentence
other than death penalty must be repealed.
MADPET also urges the Prime Minister Najib Tun Razak and the
Malaysian government to speedily act to save the life of this Malaysian.
Malaysia should also withdraw its objections, and allow the judicial
review to be heard on its merits by the court.
MADPET also calls on both Singapore and Malaysia to abolish the death
penalty, and immediately impose a moratorium on all executions.- The Online Citizen, 11/7/2017
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