Today, UN human rights experts* urged the Singapore government to immediately impose a moratorium on the use of the death sentence, stating that the country's ongoing use of capital punishment for drug-related offences violated international law.
The experts condemned the execution in Singapore in March and April 2022 of two Malaysians, Abdul Kahar bin Othman and Nagaenthran Dharmalingam, for drug-related offences. They requested the government to postpone any execution plans for Datchinamurthy Kataiah, another Malaysian convicted of a similar offence.
Mr. Nagaenthran Dharmalingam was hanged despite assertions that he suffered from an intellectual disability, a mental condition that was deteriorating, and was a victim of human trafficking. “Executions of persons with intellectual disabilities and for drug-related offences are a violation of the right to life and the right to be free from torture or cruel, inhuman or degrading treatment or punishment and amount to unlawful killings,” said the experts.
"States that have not yet abolished the death penalty may apply it only for the 'most heinous crimes'. Under international law, the term "most serious" may only be used to crimes of great seriousness involving intentional killing. Clearly, drug offences do not fulfill this threshold.
"We encourage the government of Singapore to immediately impose a moratorium on all executions with the goal of abolition of the death penalty in its entirety.
“As a first step, the Government of Singapore should review, without delay, the scope of the death penalty, particularly with regard to drug-related offences, in order to ensure that its imposition and implementation are strictly limited to cases involving intentional killing.”
In compliance with international human rights legislation and norms, the experts urged the Singaporean government to suspend Mr. Datchinamurthy Kataiah's execution and reduce his death sentence to jail terms. In May 2015, Mr. Datchinamurthy Kataiah was sentenced to death for trafficking 44.96 grams of diamorphine from Malaysia to Singapore. He was set for execution on April 29, 2022, but a stay of execution was issued until May 20, 2022.
The experts have also expressed concern on the discriminatory treatment of minority members, such as Mr. Datchinamurthy Kataiah, who is presently on death row in Singapore for drug-related offences, and reports of reprisal against their legal counsel.
They added, "We reiterate that the mandatory use of the death sentence involves an arbitrary deprivation of life since it is imposed without any opportunity to consider the defendant's personal circumstances or the circumstances of the particular offence."
*The experts: Mr. Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions; Working Group on Arbitrary Detention, Ms. Miriam Estrada-Castillo (Chair-Rapporteur), Mr. Mumba Malila (Vice-Chair), Ms. Elina Steinerte, Ms. Leigh Toomey, Ms. Priya Gopalan; Mr. Felipe González Morales, Special Rapporteur on the human rights of migrants; Mr. Fernand de Varennes, Special Rapporteur on minority issues; Ms. Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; Mr. Gerard Quinn, Special Rapporteur on the rights of persons with disabilities; Ms. Tlaleng Mofokeng, Special Rapporteur on the right to physical and mental health.
The Experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact- finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.
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