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Case Analysis of
Singapore faces criticism for use of death penalty and allegations about prisoner treatment

In April, 46-year-old Tangaraju Suppiah was executed by the Singaporean authorities after being found guilty of conspiring to smuggle cannabis. In 2022, all 11 people executed in Singapore had also been convicted of drug-related charges. However, the IBA’s Human Rights Institute (IBAHRI) says that drug-related crimes don’t ‘meet the threshold of “the most serious crimes” for which death sentences may be imposed under Article 6(2) of the International Covenant on Civil and Political Rights’.

In August 2022, the IBAHRI condemned the rise in executions in Singapore and urged the country to move towards abolishing the death penalty. Singapore’s Ministry of Law and its Ministry of Home Affairs, however, jointly stated last autumn that ‘there is no international consensus against the use of capital punishment when it is imposed according to the due process of law and with judicial safeguards’. A spokesperson for the two ministries told Global Insight that the death penalty is an ‘effective deterrent’ when it comes to the ‘most serious crimes’, including the trafficking of significant quantities of drugs as well as crimes such as murder.

The UN High Commissioner for Human Rights was among those to request that the execution of Suppiah be abandoned, highlighting that ‘imposing the death penalty for drug offences is incompatible with international norms and standards’ and noting its concerns around due process and respect for fair trial guarantees in relation to the allegations against Suppiah. Amnesty International suggested that Suppiah didn’t have access to a lawyer or a Tamil interpreter during his interrogation by the police.

In 2022, Nagaenthran K Dharmalingam, a Malaysian national with psychosocial disabilities, was also executed in Singapore. Prior to his death, members of the Special Procedures of the UN Human Rights Council raised concerns that Dharmalingam had not been provided with the necessary procedural accommodations for his disabilities during interrogation.

‘The current situation as it comes to access to counsel, fair trial rights and the inability of capital defence lawyers to practice because of the types of intimidation and harassment they face is a huge access to justice and rule of law issue’, says Preetha Gopalan, Joint Head of UK Litigation and Project Lead – Death Penalty (South East Asia) at the non-governmental organisation Reprieve. ‘What we’ve seen in the last year is a significant number of individuals having to self-represent from prison via Zoom, sometimes in cases where their lives are hanging in the balance. To say that this is a system that has access to fair trials and due process, it’s just completely not in line with the facts on the ground.’

 

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The case of Singapore's use of the death penalty and allegations about prisoner treatment raises several important issues related to human rights and the criminal justice system.

Firstly, the International Bar Association's Human Rights Institute (IBAHRI) argues that drug-related crimes do not meet the threshold of "the most serious crimes" for which death sentences may be imposed under international law. This raises questions about the proportionality of the death penalty for such offenses. The IBAHRI's call for Singapore to move towards abolishing the death penalty is in line with the global trend towards abolition, as many countries have recognized the inherent flaws and human rights concerns associated with capital punishment.

However, Singapore's Ministry of Law and Ministry of Home Affairs contend that there is no international consensus against the use of capital punishment when it is imposed with due process and judicial safeguards. They argue that the death penalty is an effective deterrent for serious crimes like drug trafficking and murder. This viewpoint highlights the ongoing debate surrounding the deterrence effect of capital punishment and the need to balance it with respect for human rights.

The United Nations High Commissioner for Human Rights and Amnesty International have both raised concerns about the use of the death penalty in Singapore. They argue that it is incompatible with international norms and standards, particularly in relation to drug offenses. There are also concerns about due process and fair trial guarantees, such as access to legal representation and interpretation services. Allegations that prisoners, like Tangaraju Suppiah, did not have access to a lawyer or interpreter during their interrogations raise serious concerns about the fairness of the legal process.

The case of Nagaenthran K Dharmalingam, a Malaysian national with psychosocial disabilities, who was executed in Singapore, highlights another issue. Members of the UN Human Rights Council expressed concerns that Dharmalingam did not receive the necessary procedural accommodations for his disabilities during interrogation. This raises questions about the treatment of vulnerable individuals in the criminal justice system and the need for adequate support and accommodations to ensure a fair trial.

The comments from Preetha Gopalan of the non-governmental organization Reprieve shed light on the challenges faced by individuals involved in capital cases in Singapore. Issues such as limited access to counsel, intimidation, and harassment faced by capital defense lawyers, and the need for self-representation via video conferencing all raise concerns about the fairness and due process of the legal system.

In summary, the case of Singapore's use of the death penalty and allegations about prisoner treatment raises important questions about the proportionality of capital punishment for drug offenses, the adherence to international human rights norms, the fairness of the legal process, and the treatment of vulnerable individuals. These issues warrant careful consideration and further examination to ensure that Singapore's criminal justice system upholds the principles of human rights and the rule of law.

 

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