SINGAPORE, DO NOT EXECUTE MALAYSIAN S. PRABAGARAN ON 14 JULY 2017 - Respect Malaysian Courts and Malaysia (MADPET)

Media Statement – 11/7/2017

SINGAPORE, DO NOT EXECUTE MALAYSIAN S. PRABAGARAN ON 14 JULY 2017

-          Respect Malaysian Courts and Malaysia -

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 sentence 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.

Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

Lawyers complain Malaysian set for Singapore hanging despite lawsuit

Friday July 7, 2017
03:24 PM GMT+8

KUALA LUMPUR, July 7 — Malaysian citizen S. Prabagaran’s execution in Singapore has been scheduled next Friday despite his court application here to refer Singapore to the International Court of Justice (ICJ), his lawyers said today.

N. Surendran and Latheefa Koya called for a halt to the 29-year-old man’s scheduled execution, saying that his trial and conviction for drug trafficking were tainted by a breach of his right to a fair trial.

“Why is Singapore rushing the execution before the court proceedings in Malaysia are concluded?

“To carry out the execution despite the pending proceedings in Malaysia would be in breach of international law and would disregard Prabagaran's constitutional rights,” they said in a statement.

The lawyers pointed out that there was an application pending at the Malaysian Court of Appeal to refer Singapore to the ICJ for breach of the right to a fair trial, after their client failed last March to obtain leave from the High Court here for a judicial review to compel Malaysia to intervene by referring Singapore to the ICJ.

Surendran and Latheefa also said Singapore had denied their application to interview and to take instructions from their client in Changi prison.

“We call upon the government of Singapore to halt the execution, and allow us immediate access to Prabagaran as his duly appointed lawyers acting in the pending Malaysian proceedings,” they said. - Malay Mail, 7/7/2017