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)

South Korea ferry disaster: Surviving passengers of Sewol tragedy give evidence in court

Surviving passengers of a South Korean ferry which sunk in April, killing 304 people, are due to give evidence in the trial of its captain and 14 crew members. Students from the Danwon High School in Ansan, 18 miles south of Seoul, will testify with other passengers in a smaller court nearer to their home, rather than the one where the defendants are being seen in Gwangju, in the south of the country. The Sewol ferry set sail on 16 April with 476 passengers and crew on board - more than 300 of which were schoolchildren. They were enroute from the mainland to the island resort of Jeju as part of a school trip, when nearing the end of the journey, the vessel, which was overloaded, also made a sharp turn to the right causing it to capsize. Captain Lee Joon-seok, 68, was caught on rescue footage being one of the first to leave the ship, while many passengers, obeying orders, remained in the cabins. It is thought a delayed evacuation order from the captain did n...

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

Arizona executes Leroy McGill

Arizona executes inmate who set couple on fire in 'horrific attack' Arizona has executed Leroy McGill for setting 21-year-old Charles Perez and his 24-year-old girlfriend on fire. Perez died the next day and Perez survived with severe burn injuries.  Arizona has executed a death row inmate for setting 2 people on fire more than 20 years ago, killing 1 of them and changing the other's life forever.  The state executed Leroy McGill, 63, by lethal injection on Wednesday, May 20, for the 2002 murder of 21-year-old Charles Perez. McGill set Perez and his girlfriend on fire after they accused him of theft, court records say. Perez died of his injuries the next day while his girlfriend survived with severe burns. 

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...

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

Tennessee fails to execute Tony Carruthers after IV difficulties. State won't try again for a year

NASHVILLE, Tenn. (AP) — Tennessee officials on Thursday called off the lethal injection of Tony Carruthers, who was convicted of kidnapping and murdering three people in 1994, after his executioners tried and failed for over an hour to establish an intravenous line. Gov. Bill Lee announced soon afterward that the state would not try again for at least a year. In a written statement, the Tennessee Department of Corrections said medical personnel had quickly established a primary IV line but were unable to find a suitable vein for a backup line as required by the state’s execution protocol. Efforts to insert a central line also failed, and officials called off the execution.

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.

Former Oklahoma death row inmate Richard Glossip goes free on $500k bond

Richard Glossip was released from jail Thursday, May 14, on a $500,000 bond, a major victory for the former death row inmate who has come so close to execution that he has had three last meals. Glossip, 63, is awaiting his third trial in his 1997 murder-for-hire case. He walked out the front door of the Oklahoma County jail, holding hands with his wife, Lea Glossip, as a stiff Oklahoma breeze whipped his hair. "I'm just thankful for my wife and my attorneys," he told reporters. "I'm just happy." His release came hours after Oklahoma County District Judge Natalie Mai set bail in a 13-page order that pointed to issues with the key witness against him.

Florida executes Richard Knight

Man convicted of killing a woman and her 4-year-old daughter is executed in Florida  A Florida man convicted of fatally stabbing his cousin’s girlfriend and the couple’s 4-year-old daughter was put to death Thursday evening, becoming the 7th person executed by the state this year.  Richard Knight, 47, was pronounced dead at 6:13 p.m. following a 3-drug injection at Florida State Prison near Starke. Knight was convicted of 2 counts of 1st-degree murder in the June 2002 killings of Odessia Stephens and her daughter, Hanessia Mullings.  The curtain of the death chamber went up promptly at the scheduled 6:00 p.m. execution time. Knight was already strapped down with his arms extended and an IV line in place.