Media Statement – 26/11/2021
Courts, if not Singapore President, justly ought to commute mentally challenged Malaysian Nagaenthran’s death sentence to imprisonment
Stay Of Execution Until President Halimah Decides On Pleas For Clemency
MADPET(Malaysians Against Death Penalty and Torture) applauds caring Malaysian Prime Minister Ismail Sabri and the Malaysian King when they pleaded for clemency to the Singapore government and Singapore’s President Halimah Binte Yacob to spare the life of Malaysian Nagaenthran K Dharmalingam, who have been sentenced to death for drug trafficking by the Singapore courts.(Malay Mail, 7/11/2021; FMT, 23/11/2021).
MADPET calls on Opposition Leader and all Malaysian political parties to also plea for the life of this Malaysian, whilst noting that a failure to care for the lives of individual Malaysians, especially those at risk of being executed overseas, indicates a lack of care of individual Malaysians by these political parties. This augurs negatively for parties and politicians on a quest for power to represent the people and/or to govern, if the lack care for life, human rights and justice.
It must be noted that Malaysia at present has a moratorium on executions, in line with the United Nations General Assembly Resolution, that Malaysia too voted in favour in 2018, and again in 2020 calling for a moratorium on execution pending abolition of the death penalty.
Nagaenthran K Dharmalingam Court Date – 30/11/2021
Nagaenthran K Dharmalingam, who was scheduled to be hung to death on 10/11/2021, managed to get a stay of execution until the Court of Appeal heard and decided on an application now pending before this court. That case, that was scheduled to be heard on 10/11/2021, was thereafter postponed when Nagaenthran was infected by Covid-19.
It has recently been revealed that the Singapore Court has now re-scheduled the hearing for 30/11/2021(Malaysian Insight, 25/11/2021). It was reported that Nagaenthran Dharmalingam’s appeal against his death sentence will be heard at Singapore’s Court of Appeal on November 30, his family said, after receiving information from the lawyer.
Nagaenthran was arrested in 2009 and sentenced to death in 2011 under the Misuse of Drugs Act for illegally importing 42.7g of diamorphine. This case has sparked public outcry with particular attention on his lower-than-average IQ of 69 and other mental health issues.
Despite what Court decides, President has power of clemency/pardon
Irrespective of whether the Courts uphold the death sentence, the Singapore President still has the power to grant clemency, and commute the death sentence to imprisonment, and historically, this has happened several times in Singapore in, amongst others, in the following cases:-
a) 1978: Mohamad Kunjo s/o Ramalan, death sentence for murder commuted to life imprisonment by then President Benjamin Sheares;
b) 1980: Bobby Chung Hua Watt, death sentence for murder was commuted to life imprisonment by then President Benjamin Sheares;
c) 1983: Siti Aminah binte Jaffar, death sentence for drug trafficking commuted to life imprisonment by then President Devan Nair;
d) 1993: Sim Ah Cheoh, death sentence for drug trafficking in 1985 was commuted and she released on 16 February 1995 by then President Wee Kim Wee;
e) 1992: Koh Swee Beng, death sentence for murder was commuted to life imprisonment by then President Wee Kim Wee; and
f) 1998: Mathavakannan Kalimuthu, death sentence for murder was commuted to life imprisonment by then President Ong Teng Cheong.
As such, MADPET pleads for clemency by President Halimah Binte Yacob in this case of Nagaenthran K Dharmalingam, who has recently been shown to be mentally and/or intellectually disabled or challenged – as such, it would be a gross injustice to continue to execute such a person.
Stay Of Execution Until President Halimah Responds To Pleas Of Clemency
MADPET recalls the case of convicted murderer Malaysian Jabing Kho, 32, who was executed on the same day, hours after a five-judge appeal court denied his latest bid to escape the gallows. (Straits Times, 20/5/2016), and hope that the same does not happen with Nagaenthran.
Time must be given, as a sign of respect, to the Singapore President to consider the many pleas for clemency, and as such MADPET urges that execution be stayed until President Halimah decides whether to grant clemency and commute the death sentence or not.
MADPET reiterates its call for abolition of the death penalty, and for a moratorium on execution pending abolition.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
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Nov 30 to hear Nagaenthran’s appeal against death sentence
NAGAENTHRAN Dharmalingam’s appeal against his death sentence will be heard at Singapore’s Court of Appeal on November 30, his family said.
“Our lawyer M. Ravi informed us this morning through a phone call,” said Nagaenthran’s sister Sharmila.
The 35-year-old said her family is now hopeful that the court would overturn the death sentence.
On Tuesday, Deputy Foreign Minister Kamarudin Jaffar told the Dewan Rakyat that the Yang di-Pertuan Agong had also asked the Singapore president to review the sentence imposed on the 32-year-old.
Earlier this month, the appeals court in Singapore extended the stay of execution on grounds that Nagaenthran has Covid-19.
Nagaenthran was arrested in 2009 and sentenced to death in 2011 under the Misuse of Drugs Act for illegally importing 42.7g of diamorphine.
He was caught with a bundle of heroin strapped to his thigh when entering the city-state from Malaysia via the Woodlands checkpoint in April 2009.
The Malaysian on death row for drug trafficking was slated to be executed on November 10.
The Singapore Court of Appeal upheld the sentence in November 2011, and further resentencing applications were dismissed.
Nagaenthran has been diagnosed with intellectual disability and has
an IQ of 69, which is lower than average. – November 25, 2021.Malaysian Insight
King wrote to Singapore president on Nagaenthran’s behalf, Dewan told
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KUALA LUMPUR: The Yang di-Pertuan Agong had written to the president of Singapore, appealing for clemency for a Malaysian who has been sentenced to hang in the island republic, the Dewan Rakyat was told.
“We tried all we could to help and I can reveal that apart from the foreign minister and the prime minister, the Yang di-Pertuan Agong had also written to the Singapore president for the sentence to be reduced for a certain case, or the individual to be freed,” deputy foreign minister Kamarudin Jaffar said, referring to Nagaenthran K Dharmalingam.
Kamarudin said this when winding up the Supply Bill 2022 at the committee stage in reply to Kasthuri Patto (PH-Batu Kawan) who had asked what was Putrajaya’s rolling plan to uphold human rights in the country.
Kasthuri also thanked the foreign minister and the ministry for intervening in Nagaenthran’s case.
Earlier this month, a Singapore court stayed until further notice the execution of Nagaenthran on the grounds of “common sense and humanity” after confirming he had tested positive for Covid-19.
Nagaenthran was detained in 2009 for trafficking in 42.72gm of heroin and was set to be executed on Nov 9.
The court had convened for a ruling on a last-ditch appeal that argued the Malaysian should not be hanged because he was not of sound mind.
The judge did not rule on the appeal. FMT, 23/11/2021
List of death row inmates granted clemency by the President
- 1978: Mohamad Kunjo s/o Ramalan, a Singaporean convicted of murdering a lorry driver in 1975 and sentenced to death in 1976. After losing his appeals against his sentence over the next two years, he filed for clemency, which was granted by President Benjamin Sheares in 1978. His death sentence was commuted to life imprisonment.[169][170][171][172]
- 1980: Bobby Chung Hua Watt, a Singaporean convicted of murdering his brother-in-law's brother in 1975. He was found guilty of murder and sentenced to death. After losing his appeal against his death sentence, he was initially scheduled to be executed on 18 January 1980. However, on 15 January 1980, President Benjamin Sheares granted him clemency and his death sentence was commuted to life imprisonment. He was released from prison in 1993 for good behaviour after serving at least two-thirds of his life sentence.[173][174][175]
- 1983: Siti Aminah binte Jaffar, a Singaporean convicted of drug trafficking in 1977 and sentenced to death in 1978 along with her lover, Anwar Ali Khan. The two of them appealed to President Devan Nair for clemency in 1983. Anwar's plea was rejected and he was executed, but Siti's was accepted and she had her death sentence commuted to life imprisonment.[176][177][172]
- 1993: Sim Ah Cheoh, a Singaporean convicted of drug trafficking in 1985 and sentenced to death in 1988 along with her two accomplices. President Wee Kim Wee accepted her plea for clemency in 1992 and her death sentence was commuted to life imprisonment; her two accomplices, however, were executed in 1992. While serving her life sentence, she was diagnosed with cervical cancer in 1993 and had at most a year to live. She appealed to President Ong Teng Cheong for clemency so that she could be released in order to spend the final moments of her life with her family. The President accepted the petition, and she was released on 16 February 1995 and eventually died on 30 March that year.[178][179][180][181][182][183][184][185][186][175]
- 1992: Koh Swee Beng, a Singaporean who killed a man who assaulted his foster father in 1988. He was convicted of murder and sentenced to death in 1990. He lost his appeal against his death sentence in 1991 but was eventually granted clemency by President Wee Kim Wee on 13 May 1992 (two days before he was scheduled to be executed) and had his sentence commuted to life imprisonment. He was released from prison in September 2005 for good behaviour after serving at least two-thirds of his life sentence.[187][175]
- 1998: Mathavakannan Kalimuthu,
a Singaporean convicted of murder and sentenced to death in 1996 along
with his two friends. After losing their appeals in 1997, the three of
them petitioned to President Ong Teng Cheong for clemency in 1998. The President accepted only Mathavakannan's plea so his sentence was commuted to life imprisonment;
the other two had their pleas rejected and were subsequently executed.
Mathavakannan was eventually released in 2012 after spending about 16
years in prison.[188][189][190] - Source: Wikipedia
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