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Singapore towards abolishing the death penalty?

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In Singapore, there are 32 offenses that could potentially warrant death sentences, 4 of these call for the mandatory death penalty, in fact, judges are not able to take into consideration mitigating circumstances when sentencing Murder, Drug Trafficking, Terrorism, and possession of unauthorized firearms, ammunition or explosives.

However, since an amendment to the law in 2012, the mandatory death penalty for the offences of murder and drug trafficking has been lifted in certain conditions and the courts can decide to impose life imprisonment instead, specifically, for drug trafficking, the trafficker must have only played the role of courier (i.e. transport, send or deliver) for a controlled drug or Either cooperated with the Central Narcotics Bureau in a significant way that has disrupted drug trafficking activities within or outside Singapore; or had a mental disability that impaired their judgment of the severity of their actions in relation to the offense.

Singapore executes by hanging, and it is usually done on a Friday at dawn, however, the date of execution is usually not revealed in advance, families are usually only informed on the Monday of the week of the execution, that said, families of foreign death-row inmates have slightly more time in order for them to arrange to visit the inmate.

According to Amnesty International, more than 400 prisoners have been hanged in Singapore since 1991, with the highest number of executions being 76 in 1994, in recent years, the number of executions seems to have decreased, but not to the point where none are carried out anymore.

Furthermore, Singapore is known for its strict stance on the death penalty and as a result, it’s not common for offenders sentenced to death to be able to escape the death penalty.

At first glance, public opinion seems overwhelmingly in favor of the death penalty, as the 2006 Straits Times survey reported that 96% of Singaporeans supported the death penalty shows.

Thus, the public’s opinion on the death penalty is often not held strongly or unconditionally, rather, the opinion appears conditional upon the existence of mitigating circumstances of individual cases; the death penalty’s effectiveness in deterring crimes; the strength of the belief that the process of administering the death penalty is error-free.

This suggests that the oft-spoken “public support” should not be taken as inherent support for the death penalty because public opinion on the matter may not be reliable.

However, international arguments have been made against Singapore’s use of the death penalty, with the argument specifically leaning towards the global trend of eliminating the cruel practice.

The willingness of 106 countries to abolish the death penalty for all crimes further urges Singapore to abolish the death penalty as well, moreover since 2008, the UN General Assembly has been debating on a call for a moratorium (i.e. a temporary prohibition) on executions with a view of getting all member states, including Singapore, to abolish the death penalty.

In particular, the Human Rights Watch has also criticized Singapore’s use of the death penalty as a “barbaric practice” and affirms that it deserves no place in modern society.

Regardless, Singapore urges the community, particularly anti-death penalty activists, to look at the bigger picture of the possible increase in crime caused by drug abuse, and the impacts of such crimes on victims and their families, should the death penalty be abolished.

In November 2018, the Senior Parliamentary Secretary for Home Affairs Amin also revealed that there are “currently no plans to review the use of the death penalty in Singapore “.

Nevertheless, a survey is being conducted by the Ministry of Home Affairs to provide the government with an updated understanding of public sentiment on the death penalty.

In addition, Nagaenthran Dharmalingam remains confined to a cell in Singapore’s Changi Prison, living on death row as he has been over the past 11 years, this week was set to be his last, but an eleventh-hour stay of execution and the discovery of a positive COVID-19 test, kept him alive.

His story has caused ripples in the tiny Southeast Asian city-state, intensifying the debate around the death penalty in a country famed for its no-nonsense approach to crime.

The case has provoked widespread international condemnation from human rights groups to representatives from the European Union and British entrepreneur Richard Branson as well.

The plight of Nagaenthran has also generated rare criticism within the city-state itself, as a matter of fact, a petition started by a Singaporean to halt the execution has received more than 80,000 signatures so it’s safe to say that this case has reignited the debate about Singapore’s death penalty.

“There are a few factors of Nagen’s case that catch people’s attention and garner sympathy,” said local activist Kirsten Han.

“The fact that he has an IQ of only 69 and other cognitive impairments, and yet has still been sentenced to death with his execution scheduled, is really alarming.”

“All death penalty will be abolished. Full stop. Since we are abolishing the sentence, all executions should not be carried out,” declared Malaysia’s de facto law minister Liew Vui Keong on 10 October, designated the World Day Against the Death Penalty.

It’s clear that the conversations about the death penalty that are taking place in Malaysia aren’t happening in Singapore, in fact, executions in Singapore are increasing.

Four executions took place in 2016; a year later, it doubled to eight, of course we won’t know the official number until the annual prison report is published early next year, but activists have so far counted about nine executions this year.

The difference lies not in the populace, but the political will of the leadership.

References:

Majority of Singapore residents still support death penalty in latest MHA survey, available at:

https://www.channelnewsasia.com/singapore/death-penalty-majority-singapore-residents-support-shanmugam-2535331

The death penalty, a hidden toll of executions, available at:

https://www.refworld.org/pdfid/402f8e974.pdf

The last man executed in Singapore until the next, available at:

https://www.lowyinstitute.org/the-interpreter/singapore-death-penalty

Nagaenthran case puts Singapore’s death penalty in spotlight, available at:

https://www.aljazeera.com/news/2021/11/12/nagaenthran-case-puts-singapore-death-penalty-in-spotlight

The Singapore lawyer who defends those facing the gallows, available at:

https://www.aljazeera.com/news/2022/3/7/death-penalty-the-singapore-lawyer

By The European Institute for International Law and International Relations.

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