The campaign to #SaveNagaenthran has been progressing at an unexpectedly rapid pace!
Just yesterday, the High Court granted an interim stay for Nagaenthran’s lawyer to appeal its dismissal of his application to the Court of Appeal. The appeal hearing was then set for 2.30pm today, and was meant to be heard alongside a second motion asking for Nagaenthran to be assessed by psychiatrists. This last-minute stay of execution was reported by prominent news outlets including the BBC, The Washington Post, SBS News, The Sydney Morning Herald, South China Morning Post, and Taipei Times. However, Singapore’s mainstream media outlets, CNA and The Straits Times, have instead chosen to report on the court’s dismissal of claims.
Singapore’s decision to rush the appeal hearing has drawn criticism from numerous lawyers and activists. Human rights lawyer Surendran commented that “these unreasonable court directions... amounts to a blatant denial of due process to Nagaenthran contrary to Article 9 of the Singapore Constitution”, pointing out that “no criminal justice system in any country which upholds the rule of law, rushes through criminal appeals in this manner.” He also asserted that “no lawyer can be reasonably expected to file written submissions and prepare and file affidavits overnight.”
In an serendipitous and sudden twist of events, the Court of Appeal has ordered an indefinite stay of execution on the grounds of “common sense and humanity”, after Naga tested positive for COVID-19. Although abolitionists are immensely relieved that the Nagaenthran’s legal team has more time to prepare for the appeal, they have pointed out the absurdity and cruelty of the death penalty which “[requires a] person to be healthy enough to kill”, yet fails to factor in how mental disabilities affect one’s culpability. Naga’s family has also been informed that they are not allowed to continue visits or video calls with him.
Moreover, United Nations (UN) experts and the ASEAN Parliamentarians for Human Rights (APHR) have called for a halt to Nagaenthran’s imminent execution. The APHR has condemned the death penalty as “inhumane, an affront to human dignity... and illegal under international law", while UN’s statement writes:
"We are concerned that Mr. Nagaenthran a/l K Dharmalingam did not have access to procedural accommodations for his disability during his interrogation. We further highlight that death sentences must not be carried out on persons with serious psychosocial and intellectual disabilities....We are also concerned that his past 11 years on death row has reportedly caused further deterioration of his mental health.
Under international law, countries which have retained the death penalty may only impose it for the most serious crimes...Drug related offences do not meet this threshold. Resorting to this type of punishment to prevent drug trafficking is not only illegal under international law, it is also ineffective. There is a lack of any persuasive evidence that the death penalty contributes more than any other punishment to eradicating drug trafficking.”
In the same vein, the International BAR Association (IBAHRI) has called for the revocation of Naga’s execution, citing the fact that the Singapore Government has violated multiple articles in its Constitution. IBAHRI Co-chair Anne Ramberg commented:
"It is clear that Singapore’s authorities hold views on the rule of law and human rights that are contrary to those held by the IBAHRI and the international community. That the court disregarded Mr Dharmalingam’s intellectual disability during the trial proceedings and sentencing demonstrates Singapore’s profound lack of respect for the relevant international standards and the principle of proportionality. The IBAHRI opposes the death penalty, without exception, and calls on the Singaporean authorities to immediately reintroduce the moratorium on executions and to ratify the International Covenant on Civil and Political Rights and its Second Optional Protocol without delay, which prohibit such cruel and barbaric practices."
Business magnate Richard Branson has also publicly denounced Nagaenthran’s execution as “an inhumane practice that deserves no place in modern society”. He warns that the execution “would cast serious doubts on Singapore’s willingness to uphold international law, [and is] undoubtedly a setback for a country that prides itself with its commitment to the rule of law.” Furthermore, he notes that draconian laws have failed miserably in controlling the illicit drug trade, and alluded to the aspect of inequality in cases such as Nagaenthran’s, whereby the most vulnerable people bear the brunt of the prosecution rather than the kingpins. Similarly, previously nominated Member of Parliament Calvin Cheng has also demonstrated his opposition to capital punishment, contending that “developed nations should focus on rehabilitation”.
Recently, social justice activist Kokila Annamalai composed a poignant and beautiful write-up portraying the heart of who Nagen is as a person. Here is an excerpt from her Facebook post:
"This past week, during visits with his family, he is delighted to see photos of his nieces and nephews. He is often silent, but when he talks, it is usually about what he remembers of his childhood. He talks about coming home again, about wanting to eat home-cooked food.
His mother, Panchalai, hasn't been able to touch her child since the day he was arrested. Today, when I asked her if she wanted to share a message with everyone, she said in Tamil, 'he has suffered so much. Isn't it enough? How much more will they take from us? They have punished him so severely already. Please don't hang him. Not this, it is unbearable. Have mercy on us. Please do whatever you can to help him.'"
According to Nagen’s younger brother Navin, his mother has visited the temple every day for the past 12 years to pray for Nagen. Navin was only 9 years old when Nagen was arrested, and does not have any memories of Nagen from before his arrest. Naga’s older sister Sarmila has also released a statement conveying her sentiments regarding the stay of execution. After a sleepless night and endless crying, Sarmila now feels “relaxed and relieved”. Yet, she is “only a little bit happy, because [she] knows that they haven’t actually stopped the execution”, and is “worried that all this will repeat again”.
Last night, the New Naratif hosted a lifestream where social activists discussed about Nagaenthran’s case, the lack of a fair trial that accommodated his disabilities, and the death penalty in Singapore. This morning, anti-death penalty activists Kirsten Han and Emmy Charissa have also hand-delivered personal pleas for clemency to President Halimah Yacob’s office at the Istana.
Thanks to overseas news companies such as the BBC, our petition to #SaveNagaenthran has garnered the attention of supporters from countries including the United Kingdom, New Zealand and Australia: As of this evening, we have surpassed 75K signatures! Currently, a candlelight vigil is also taking place in Malaysia, where the public is standing in solidarity with Naga and his family.
We can only hope that the court’s “common sense and humanity” will prevail not just in the context of a COVID- 19 infected person, but also in the context of a cognitively impaired man.
(Pictured above: Nagaenthran's mother, Panchalai Supermaniam, speaking during a press conference in Petaling Jaya, July 2019)