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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.’
 
In conclusion, Singapore has faced criticism for its use of the death penalty and allegations regarding prisoner treatment. The International Bar Association's Human Rights Institute has argued that drug-related crimes do not meet the threshold of the most serious crimes for which death sentences can be imposed under international law. The IBAHRI has called for Singapore to move towards abolishing the death penalty.

However, Singapore's Ministry of Law and Ministry of Home Affairs have defended the use of the death penalty, stating that there is no international consensus against it when imposed with due process and judicial safeguards. They argue that the death penalty is an effective deterrent for serious crimes, including drug trafficking and murder.

The United Nations High Commissioner for Human Rights and Amnesty International have both raised concerns about the death penalty in Singapore. They argue that it is incompatible with international norms and standards, and have expressed concerns about due process and fair trial guarantees. There have been allegations that prisoners have not had access to legal representation or necessary accommodations for disabilities during interrogations.

These criticisms highlight the issues of access to counsel, fair trial rights, and the ability of defense lawyers to practice without intimidation or harassment. The current situation raises concerns about access to justice and the rule of law in Singapore. The reliance on virtual hearings, where individuals are self-representing from prison, is seen as inadequate for cases where lives are at stake. These concerns challenge the notion that Singapore's legal system provides fair trials and due process.
 

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