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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

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.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Kuwait | New Anti-Drug Law Introduces Death Penalty, Surprise Testing, and Strict Enforcement

KUWAIT CITY, Nov 26: Divorce rates in Kuwait are rising, with recent statistics indicating that addiction—particularly among wives—has become a significant contributing factor. In response, authorities are preparing to introduce surprise premarital drug testing as part of a broader set of reforms under Kuwait’s new drug law. The countdown has officially begun for the enforcement of this new legislation, which was drafted by a judicial committee formed by the First Deputy Prime Minister and Minister of Interior, Sheikh Fahd Al-Yousef. The committee is headed by Counselor Mohammed Rashid Al-Duaij.