Singapore: Vigil held for executed man deemed as possible offence of "assembly without permit"

Vigil for Prabagaran, Singapore. Photo by Kirsten Han

Malaysian national Prabagaran Srivijayan was executed by the state in the early morning of Jul 14, years after multiple attempts failed to overturn his death sentence in 2014 for importing heroin into Singapore.

Hangings in Singapore are always carried out on Fridays at dawn in Changi Prison, and it was outside the prison that 15 people gathered to hold a vigil for the young man.

The group that congregated consisted of Prabagaran's family and friends, all of whom stood solemnly in solidarity.

One of the attendees was none other than local journalist and anti-death penalty activist Kirsten Han, whose group We Believe In Second Chances has spoken out to oppose the execution of the young man (and many others before him).

According to Han, the police dropped by the vigil to break up the crowd and film the whole thing, taking candles and photos along with them when they left. No explanation was provided, though the group was allowed to stay on as long as they didn't light any more candles or set up photos.

It was only yesterday (Sep 3) that Han found out she might be in trouble for taking part in the vigil. According to her account on Facebook, police officers showed up at her door to hand her a letter stating that she is required to assist in their investigations regarding "an offence of Taking part in a Public Assembly without Permit".

It's part of the Public Order Act that basically outlaws protests without permit in Singapore. It's considered an offence if there are 2 or more people assembled for the purpose of (i) demonstrating support for or opposition to the views or actions of any person, group of persons or any government; (ii) publicizing a cause or campaign; or (iii) marking or commemorating any event.

Vigils may or may not be considered a chargeable offence, but it may take a different form, considering that it's a gathering of people standing in solidarity for an individual impacted by the politically controversial death penalty. By its definition itself, vigils are peaceful demonstrations in support of a particular cause.

Han notwithstanding, imagine the distress felt by the family members of Prabagaran who might've also received the letter - they'll have to deal with a police investigation on top of mourning his death.

"...when a simple, nonviolent, quiet vigil for a man about to be hanged by the state is deemed an illegal assembly worthy of a police investigation, perhaps it is time to think about whether we are striking the right balance between public order, freedom of assembly and compassion," Han wrote.

Source: Coconuts Singapore, September 4, 2017

Activist investigated for illegal assembly after vigil for hanged Malaysian

An activist is being investigated by Singapore police over her participation in a candlelight vigil outside Changi Prison for Malaysian S. Prabagaran, who was hanged almost 2 months ago.

Anti-death penalty activist Kirsten Han, who attended the vigil on July 13, said that 2 police officers showed up at her house on Sunday and handed her a letter saying that they are investigating an offence of "taking part in a public assembly without a permit".

She said that the letter also summoned her and "some of the participants" to present themselves for questioning.

Han said that the July 13 vigil for Prabagaran was to show support for the family, who were present at the vigil, after they realised that Prabagaran's execution would go ahead.

"There weren't that many people and there was no disturbance," Han told The Star Online.

"We lit candles and put up his photo, but when the police came and told us to take it down we complied," she said.

According to Han, the police showed up at the vigil 15 minutes after the candles were lit.

Police confiscated the candles and photos, and filmed the people present at the vigil.

"We were then told that we would be allowed to stay as long as we didn't light any more candles, which we didn't," said Han.

Han said that she is aware of the "very restrictive laws" on public assembly in Singapore.

"I'm not completely surprised that a peaceful candlelight vigil is now being seen as an illegal assembly," she said.

However, Han said that the timing of the investigation is "a little odd" considering that the vigil was held almost 2 months ago.

Han said that she would meet Singapore police on Thursday at 2pm for questioning.

Singapore NGO Function 8 condemned the "police harassment" of anti-death penalty activists who held the vigil.

"Article 14 of the Constitution of the Republic of Singapore guarantees the right of citizens to freedom of speech, expression and assembly," said Function 8 in a statement on Monday.

"The act of issuing and having the police personally delivering letters which require the said activists to appear at police stations to assist in investigations, almost two months after the event, goes against the spirit of our Constitution and is a waste of police resources," it said.

Function 8 urged the Singapore home affairs minister to rescind the action of the police and cease the investigation.

Prabagaran was sentenced to hang for trying to smuggle a form of pure heroin into Singapore in April 2012.

The Malaysian, who was working in a petrol station, was arrested at the Woodlands checkpoint in April 2012 for possession of 22.24g of heroin, which was found in a black bundle in the centre arm-rest console of the car he was driving.

Prabagaran maintained his innocence, claiming that he borrowed the car from a friend to enter Singapore that day and was not aware of the drugs in the car.

Source: thestar.com.my, Sept. 5, 2017

➤ Related content: Once a Jolly Hangman, Singapore Justice in the Dock.

'Once a Jolly Hangman'... 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 justice system. His trial in the Singapore Supreme Court started on Monday, 18 October 2010. At the heart of the prosecution was the allegation that Shadrake had committed contempt of court by saying that there was "something sinister: how the Singapore legal system works in secret and how politics, international trade and business often determine who lives and who dies on the gallows". A must read...

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