Skip to main content

Singapore | Court of Appeal rejects 36 death row inmates’ PACC Act constitutional challenge

Singapore Supreme Court dismissed appeal by 36 death row inmates challenging new measures to prevent execution delays. Chief Justice deems the challenge lacking current basis and an abuse of court process.

SINGAPORE: The Court of Appeal of Singapore on Wednesday (27 March) dismissed an appeal lodged by 36 death row prisoners challenging two new provisions introduced by a law aimed at preventing death row inmates from exploiting court processes to delay their executions.

The case specifically addressed the Post-Appeal Applications in Capital Cases Act (PACC Act), which introduces a distinct procedure for certain applications by death row inmates after exhausting their appeal options.

Under this new law, a convicted prisoner can only undertake post-appeal and clemency actions with the permission of the Court of Appeal.

Additionally, applications can only be filed if the prisoner possesses “new relevant evidence” that was not previously available or could not have been presented earlier.

These procedures are outlined in fresh provisions under the Supreme Court of Judicature Act (SCJA).

The PACC Act was passed in Parliament on 29 November 2022, assented to by the President on 27 December 2022, and published in the Government Gazette on 13 January 2023.

However, it has not yet become effective, rendering the new procedure non-operational at this time.

In December 2023, a High Court judge dismissed the inmates’ challenge, ruling that they lacked legal standing to bring the challenge since the provisions were not yet in operation and thus did not affect the rights and interests of the 36 inmates.

Justice Hoo Sheau Peng, presiding over the case at the time, made this determination.

The 36 inmates, who were not represented by a lawyer, argued that two of the provisions were “onerous,” “oppressive,” and inconsistent with the rights to a fair trial and access to justice as outlined in Article 9 of the Constitution.

Subsequently, the inmates appealed against the High Court decision.

Inmates allege unjust burden imposed by new provisions on applicants


On Wednesday, the inmates participated in a Zoom hearing before the Court of Appeal, which was composed of Chief Justice Sundaresh Menon and Justices Steven Chong and Belinda Ang.

Among the inmates involved in this constitutional challenge are Iskandar Rahmat, convicted in the 2013 Kovan double murder case, Teo Ghim Heng, who committed the murders of his pregnant wife and daughter in 2017, and Syed Suhail bin Syed Zin, convicted in 2015 for heroin trafficking.

Syed Suhail, who was scheduled for execution on September 18, 2020, had his execution halted at the last minute by human rights lawyer M Ravi.

Currently, Syed Suhail is part of a civil litigation suit against the Singapore Prison Service over the release of private letters to the Attorney-General’s Chambers, which has resulted in a stay of his execution pending the outcome of the case.

Chief Justice’s clarification on the inactive status of PACC Act


During the hearing, the Chief Justice clarified to the inmates that the Act was not currently in force and thus did not impact any applications they had filed.

Masoud expressed the inmates’ uncertainty regarding the enactment timeline of the law.

The Chief Justice responded that there was no hindrance to them filing the challenge once the Act became effective.

Inmate Iskandar argued that the Act would be enforced at some point in the future.

The Chief Justice explained that the law would not be applied retroactively.

Following a brief recess, the apex court dismissed the inmates’ appeal, concurring with the High Court judge’s analysis.

In delivering the apex court’s decision, the Chief Justice emphasized that the crucial question in the present case was whether the prisoners had actually been impacted by the provisions.

He stated unequivocally that they had not.

“The appellants are currently free to bring any application they wish without being affected in any way by the PACC Act provisions, because these are not currently in force,” he clarified.

He added that any application made by the inmates would not be affected by the Pacc Act coming into force in the future, as the Act expressly applies only prospectively.

The Chief Justice highlighted the importance of actual or intended applications affected by the PACC procedure for assessing the appellants’ basis to object to the provisions’ validity or determine whether they were prejudiced in any way.

“That is a purely theoretical challenge which we see no basis or justification for determining today. ”

He concluded that the appellants’ challenge amounted to an abuse of the court’s process, as it sought to address potential future effects without a current basis.

Although the case was dismissed solely on the issue of standing, the court acknowledged that the expectations of due process for a prisoner who has exhausted all avenues of appeal are likely to differ significantly from those of an accused person undergoing trial for the first time.

M Ravi earlier raised concerns over lack of representation in death row inmates’ case


In December 2023, M Ravi, an internationally recognised human rights lawyer, expressed his concern over the High Court’s dismissal of the inmates’ challenge about the lack of legal representation for the 36 death row inmates who argued their cases independently.

“Quite a number of them were my former clients. The adverse personal cost orders I faced when I took up late-stage applications in death penalty cases did cause a chilling effect on the profession.”

"The fact that 36 death row inmates are unrepresented is an indictment on the entire legal profession and a black day for Singapore." — M Ravi

Mr Ravi, well-known for his exceptional work in advocating for the underprivileged, criticized the judges and AG for sending a message that undermines trust in the legal system.

“When the state takes away a person’s life, it must allow the opportunity for all avenues to be exhausted given the irreversibility of the death penalty. ”

He said the fact that 36 death row inmates were unrepresented is an indictment on the entire legal profession and a black day for Singapore.

Source: gutzy.asia, Yee Loon, March 28, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.