MARUAH’s Statement: Abolish the Death Penalty

1 October 2020

1 October 2020

MARUAH is relieved that an interim stay of execution had been granted to Syed Suhail bin Syed Zin, and he was spared from being hanged to death on Friday, 18th September 2020. We are pleased that the Court of Appeal has ordered a subsequent hearing fixed on 6th October 2020 to hear further arguments on his case. MARUAH appreciates the appeal and the work of the pro bono team of lawyers and volunteers led by lawyer M Ravi which has led to this stay order, till the verdict at the hearing. Syed Suhail was sentenced to death on 2016 for drug trafficking.

Syed Suhail’s case has also brought to light that his personal correspondence including letters to his lawyer, had been sent by the Singapore Prison Service to the Attorney-General’s Chambers (AGC). There has been no statement from the AGC. But Ministry of Home Affairs had stated that, in 2018, there was “no legal prohibition’ to sharing correspondences. Numerous troubling questions have surfaced on what had happened in the past and the current legal prohibition that is available. Pertinently, MARUAH is concerned over the past practices as even if there was no legal provision, there is an inherent ethical code that correspondence on cases ought not be shared without approval of the inmate or the lawyer. We note that in a recent case in April this year, the Court of Appeal ruled that the prison service cannot pass to AGC the prisoners’ correspondences to lawyers or family members, without their consent or a court order. This chain of shared correspondences, inadvertently, raises questions related to the integrity of prosecutorial processes and prejudice. In the light of what Syed Suhail’s case is highlighting, MARUAH asks that an independent inquiry be held to ascertain breaches that have taken place in the past and to assess impact on the outcome against defendants in the court cases.

Singapore reviewed the Death Penalty in 2012 to review the charges that carried a mandatory death sentence for a person guilty of drug trafficking offence. It offered certificates of substantive assistance for drug traffickers who give assistance that enable broader investigations into the case for prosecution. The certificate offers an eligibility to be reprieved from capital punishment. MARUAH notes that Syed Suhail has not been given such a certificate. We ask what are the conditions that the accused persons have to fulfil in the process of offering assistance so that the prosecution will offer such certificates. There is a lack of transparency on the scoping of ‘assistance’, risking clarity on the certification.

MARUAH believes that death penalty is inconsistent with prevailing customary international law. Involved in a research with National University of Singapore, MARUAH has to accept that most Singaporeans still see the death penalty as a deterrent, keeping Singapore safe. To validate this belief, MARUAH asks that data on all forms of drug-related offences and number of executions be made public so that we can assess the co-relation between the death penalty and keeping Singapore drug-free. We agree that Singapore needs more debates and education on the death penalty so that citizens understand that this is an inhuman punishment as the death penalty constitutes a violation to the right to be free from cruel, inhuman or degrading treatment. Singapore and Singaporeans can do better and work on alternative punishments, such as longer prison terms, instead of executions. MARUAH reiterates its call along with many committed stakeholders, that Singapore ought to look at the practices in many countries,[1] and so Abolish the Death Penalty.

MARUAH


[1] As of 2017, 106 countries had abolished the death penalty and 142 were abolitionist in law or practice, according to the Death Penalty Information Center.

Capital punishment is meted out for drug-related crimes in 15 countries, but according to rights group Amnesty International only four countries recorded executions for drug offences in recent years – Singapore, Iran, Saudi Arabia, and China.