Singapore, Malaysia lawyers race against clock to save Malaysian from hangman

Singaporean M Ravi, founder of the Singapore Anti-Death Penalty Campaign

S Prabagaran is to be executed in Singapore before the end of the month for trafficking drugs in the island republic.

PETALING JAYA: Malaysian S Prabagaran, 29, is doomed to the gallows for trafficking drugs in neighbouring Singapore in 2012 and is set to be executed in a couple of weeks.

But a prominent Singaporean lawyer and two of his Malaysian counterparts are racing against the clock to save his life.

Singaporean M Ravi, who founded the Singapore Anti-Death Penalty Campaign is working with human rights lawyers Latheefa Koya and N Surendran to stop Prabagaran’s execution.

Both Latheefa and Surendran are members of PKR. Surendran is also the Padang Serai MP.

According to Singapore website The Independent, the Malaysian lawyers may file for a judicial review in the Kuala Lumpur High Court for an order to compel Putrajaya to file an immediate complaint at the International Court of Justice (ICJ).

They hope that this would save Prabagaran from being “unlawfully executed” under customary international law, on account of a breach of his right to a fair trial in Singapore.

Ravi also said he met with Malaysia’s ambassador-at-large for human rights Shafee Abdullah and briefed him on his ICJ memorandum addressed to the Malaysian government.

Anti-death penalty activists in Singapore say that Prabagaran has maintained his innocence and helped Singapore’s Central Narcotics Bureau to disrupt drug activities. He is waiting for the result of his clemency petition to the Singapore President.

“If the Public Prosecutor so certifies, and if the offender is also merely a courier, then the sentencing judge has the discretion to impose life imprisonment in lieu of the death penalty,” said Ravi.

Both Singapore and Malaysia have strict anti-drug laws which can carry the death penalty.

Source: FMT News, January 8, 2017

Lawyers from both sides of Causeway cooperate to save Malaysian citizen sentenced to die in Singapore

The Singapore Anti-Death Penalty activists, led by human rights advocate M Ravi, are collaborating with lawyers and lawmakers from across the Causeway to save the life of a convict currently on death row, Prabagaran A/L Srivijayan (Praba).

Praba (age: 29) a Malaysian citizen was arrested on 12 April 2012 when he was just 24 years old, for a narcotic trafficking offence. He has been on death row for more than 4 years since 2012, and is awaiting the result of his clemency petition to the Singapore President.

Writing in his Facebook Mr Ravi said that he was extremely grateful to prominent Malaysian Human Rights Lawyers Latheefa Koya and N Surendren (also a Member of Parliament in Malaysia) for agreeing to represent Prabagaran in Malaysia.

They are considering filing an urgent application for Judicial Review in the High Court in KL for a court order to compel the Malaysian government to file an immediate complaint at the International Court of Justice (ICJ) to save Prabagaran from being unlawfully executed under customary international law on account of breach of right to a fair trial in Singapore. Mr Ravi said that he also met with Malaysia's ambassador-at large for human rights, Tan Sri Dr Shafee Abdullah and briefed him on his ICJ memorandum addressed to the Malaysian government.

The Ambassador assured Mr Ravi that he will speak to the Malaysian Minister of Foreign Affairs on Monday and do his level best to assist.

The Singapore Anti-Death Penalty activists allege that Praba is being deprived of his life in a manner that is in breach of the principles of the separation of powers, the fundamental rules of natural justice, and the rule of law.

"In respect of a person who has been convicted of a drug offence that is punishable with death under the Second Schedule of the Misuse of Drugs Act (MDA), Section 33B(2)(b) of the Misuse of Drugs Act (MDA) provides that the Public Prosecutor may certify that a person convicted of a drug offence punishable with the death penalty has substantively assisted the Central Narcotics Bureau (CNB) in disrupting drug activities. If the Public Prosecutor so certifies, and if the offender is also merely a courier, then the sentencing judge has the discretion to impose life imprisonment in lieu of the death penalty. If the Public Prosecutor does not so certify, then the sentencing judge must sentence the offender to the death penalty.

As discussed above, although in this case Praba has maintained his innocence, he has, in fact, done his best to provide CNB with credible leads that could well have resulted in persons involved in drug activities (i.e., Balu and Nathan) being apprehended."

They argue that the right to a fair trial is one of the most important fundamental human rights and that the death sentence imposed on Praba violates the right to fair trial under customary international law.

The activists said "the Public Prosecutor's determination of whether or not substantive assistance was provided is too fluid and unstable a standard by which to determine the penalty which an offender should receive."

In an earlier statement, they further strongly suggested that the matter should compel the Malaysian government to lodge a complaint with the International Court of Justice (ICJ) and urged the Malaysian government to safeguard the life of its own citizen who is facing impending death.

The activists also urged the Malaysian government to consider several factors including the irreversibility of the death penalty and make submissions to ICJ without delay.

"In light of the punishment's irreversibility, the very limited time available may not be enough for preparing submissions to the ICJ. Therefore, if a submission to the ICJ is to be ultimately made, that submission should ideally be made as soon as possible."

In speaking to this publication, the activists say that Praba is likely to be executed by the State in the third week of January.

Source: independent.sg, January 8, 2017

➤ Recommended reading: Once a Jolly Hangman, Singapore Justice in the Dock, July 23, 2016. The government of Singapore does not want anyone to read this book. When it was first published in Singapore, police raided [author] Alan Shadrake's hotel room and arrested him. He was taken into custody and interrogated for two full days and two sleepless nights, then charged with contempt of court by "scandalising the judiciary". As Shadrake awaited trial, he discovered to his discomfort just what happens when a person challenges the Singapore system...

⚑ | Report an error, an omission; suggest a story or a new angle to an existing story; submit a piece; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.

Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term: Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight. In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution. Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month. Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1. No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week.

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

Death Penalty News

Search This Blog