The Anti-Death Penalty Asia Network (ADPAN) condemns the execution of Nagaenthran K Dharmalingam  by the Singaporean government on the morning of 27 April 2022 at Changi Prison. 

Nagaenthran was a young man convicted of trafficking 42.72 grams of diamorphine (heroin). Nagaenthran had an intellectual disability and a diagnosis of Attention Deficit Hyperactivity Disorder (ADHD). His  execution in Singapore was conducted in defiance of international law and norms prohibiting the  execution of a person with intellectual or psychosocial disability (United Nations Convention on the Rights  of Persons with Disabilities). In addition, the execution also failed to meet the international threshold of  the ‘most serious crimes’ as the offence of which Nagaenthran was convicted of was a non-violent drug  offence. 

Since the execution was scheduled for October 2021 until his execution today, the Singapore government  has refused to acknowledge the undisputed fact that Nagaenthran’s IQ of 69, a level which is  internationally recognised as an intellectual disability. Concerns raised about his recent mental health  condition and his vulnerability to further deterioration in detention, particularly solitary confinement,  have not been addressed by the Singapore government in any form. It is a great shame that until the end,  there was no independent assessment of Nagaenthran’s mental condition. 

Following Nagaenthran’s execution, the Singapore government scheduled the execution of  Datchinamurthy Kataiah, another Malaysian individual on death row for drug trafficking. Datchinamurthy  still has a pending legal challenge in the High Court of Singapore that has a hearing listed on 4 May 2022 in relation to an alleged breach of privileged communications by the Singapore Prison Service providing  letters between persons on death row and their lawyers to the Attorney-Generals’ Office. This injustice is  compounded when the nature of the allegation that Datchinamurthy is seeking to litigate is based on a  profound breach of fair trial rights in itself. Datchinamurthy represented himself in court as he was unable  to secure legal representation. Fortunately, Datchinamurthy managed to secure a stay of execution with  further appeals by the Public Prosecutor dismissed. 

Singapore’s international reputation has already deteriorated significantly with the execution of  Nagaenthran. Further executions in direct violation of Singapore’s international obligations will only  alienate Singapore from its peers on the global stage.  

ADPAN calls for Singapore to abolish the death penalty and impose a moratorium on executions pending  abolition of the death penalty. Contrary to the overwhelming global trend to move away from the use of  the death penalty, in the last month, Singapore has proceeded with the execution of Abdul Kahar bin  Othman and Nagenthran; Datchinamurthy’s execution is set to take place on Friday, and three other  persons are at imminent risk: Roslan bin Bakar, Rosman bin Abdullah, and Pannir Selvam Pranthaman. 

The common thread between these six individuals is that they came from vulnerable families with very  limited resources, and all played relatively minor roles in relation to the drug trade. There is no evidence  that their deaths will have any effect on the illicit drug trade in Singapore or globally; there is no proof that the death penalty has been an effective deterrent to drug-related offenses.  

ADPAN would also like to extend our condolences to the family and friends of Nagaenthran. ADPAN stands  in solidarity with the lawyers and activists in Singapore and Malaysia who have the unenviable task of  supporting the families of those facing execution in extremely challenging circumstances.

The Anti-Death Penalty Asia Network (ADPAN) and Transformative Justice Collective (TJC) are alarmed by the scheduled execution of Nagaenthran K Dharmalingam by the Singapore government on 27th April 2022, during the holy month of Ramadhan observed by the Muslim communities in Malaysia and Singapore. 

Nagaenthran was convicted under Singapore’s Misuse of Drugs Act for trafficking 42.72 grams of Diamorphine (heroin). His I.Q. has been assessed to be 69, a level that is internationally recognised as an intellectual disability. 

His last legal challenge was dismissed on 29 March 2022, leaving him with no further legal avenue to challenge the scheduled execution. During the hearing, the Public Prosecutor alluded that the issue of fitness to execute is an issue that should be addressed through the clemency process as opposed to legal process. On 1 June 2020, the President’s office rejected Nagaenthran’s clemency application. On 3 December 2021, a further clemency petition was submitted by Nagaenthran’s mother and family; on 31 March 2022 – after Nagaenthran’s final court hearing – the President’s office advised that it had not shifted its position and that the sentence of death remained in place. 

Under Article 22P of the Singapore Constitution, the clemency process is not a discretionary power afforded to the President, but a layered process where the trial judge, the appeal judges, and the Attorney-General provide their respective opinions and feedback to the Cabinet before an advice is made to the President. 

The timeframe in which Nagaenthran’s legal challenge was dismissed and his clemency application was dismissed raises substantial questions as to whether the clemency process outlined under Article 22P(2) of the Singapore constitution was complied with. If the process was complied with, there is a question as to what was the opinion provided by all the stakeholders involved, particularly in relation to the information that arose during Nagaenthran’s legal challenge regarding the possibility that he suffered from declining mental health including psychosis during his detention. 

The opaque nature of the clemency process leaves little to no room for Nagaenthran or his lawyers to ascertain whether due process was complied with inline with Article 22P(2). This

potentially deprives Nagaenthran a fair opportunity to pursue clemency in light of his present circumstance. 

To date, the Singapore government has not provided Nagaenthran with any independent psychiatric assessment and has dismissed the issue of psychosis based solely on the statement and feedback from the Singapore Prison Services. To provide Nagaenthran with an independent psychiatric assessment at this stage would cause no prejudice to the State; rather it would demonstrate that Singapore takes its obligations under Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, namely that they “take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity”. 

ADPAN and TJC calls for the Singapore government to halt the execution and conform with international human rights law on executing persons with intellectual or psychosocial disabilities. We reiterate the call for Singapore to abolish the death penalty and impose a moratorium on executions pending abolition of the death penalty.