Singapore must be transparent in implementation of executions

Singapore must be transparent in implementation of executions

The ICJ condemned Singapore’s execution of two people today and is concerned over the Singapore government’s lack of transparency with regards to its implementation of executions.

The government does not update the list of names and number of death row inmates and often does not give death row inmates and their families adequate notice prior to executions, the ICJ notes.

“The very short notice does not allow the death row inmates and their families enough time to file last minute appeals,” said Sam Zarifi, ICJ’s Asia Director.

“Singapore authorities, by hastening executions, hinder measures that could save the lives of those on death row, and also try to minimize public outcry over the executions,” he added.

Both Nigerian national Chijoke Stephen Obioha and Malaysian national Devendran A/L Supramaniam were convicted of drugs-related charges.

Chijoke Stephen Obioha was convicted of possession and trafficking of drugs on 30 December 2008, while Devandran was convicted on 29 July 2014 for importing 83.36 grams of diamorphine into Singapore.

The ICJ opposes capital punishment in all cases without exception and considers the death penalty a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading treatment.

The ICJ calls on the Singapore government to publicly release the number of death row inmates awaiting execution, and the number and names of individuals who have been executed in 2016.

ICJ also calls on the Singapore government to immediately establish a moratorium on the use of the death penalty, with a view towards its abolition.

Contact:

Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia, t: +66840923575 ; e: emerlynne.gil(a)icj.org

End harassment of bloggers in Singapore

End harassment of bloggers in Singapore

The ICJ is alarmed by the intimidation and harassment experienced by bloggers in Singapore recently, perpetrated by police authorities.

In the last few days, the homes of four bloggers were raided and their phones and laptops confiscated, without the legal process or justification required by international standards.

The ICJ strongly urges the Government of Singapore to stop this harassment and ensure that bloggers are protected against such unjustified interference with or reprisals for the exercise of their right to freedom of expression.

“By resorting to this kind of harassment and intimidation of bloggers, Singapore is showing complete disregard for human rights and the rule of law,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.

“The Government of Singapore must stop intimidating citizens who express their political opinions openly. The actions taken by the Singaporean police against the four bloggers do not only constitute an attack on freedom of opinion and expression in the country, but also clearly violates their right to privacy,” he added.

On 27 May 2016, the Election Department of Singapore filed police reports alleging that bloggers Roy Ngerng and Teo Soh Lung, and The Independent Singapore, an independent news website, violated the rules against election advertising ahead of polling day.

Under Singapore’s election rules, campaigning is prohibited 24-hours prior to polling day, which is called the “Cooling-Off Day”.

Roy Ngerng and Teo Soh Lung were alleged to have written posts on their social media accounts expressing support for the opposition candidate, Mr. Chee Soon Juan.

The Independent Singapore, on the other hand, was alleged to have published articles that amount to election advertising.

The ICJ considers that provisions or interpretations of Singapore’s election laws that would impose a sweeping ban on all political expression in relation to particular candidates in a 24-hour period prior to polling day, including the expression of opinions by private individuals without remuneration, cannot constitute a demonstrably justified and proportionate restriction on freedom of opinion and expression under international standards.

Early this year, the delegation representing the Government of Singapore said as it went through the 2nd cycle of the Universal Periodic Review that “no one in Singapore is prosecuted for criticizing the government or its policies.”

The delegation emphasized that Singapore’s Constitution guarantees the right to freedom of expression.

The Government of Singapore also accepted recommendations made by other States at the Universal Periodic Review to “ensure the full enjoyment of the right to freedom of expression”.

It also accepted the recommendation to protect bloggers from persecution and harassment for the exercise of their human rights.

The ICJ urges the Government of Singapore to remain true to the commitments it made during the recent Universal Periodic Review and respect the right to freedom of expression of bloggers.

Contact:

Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia, t: +668 4092 3575 ; e: emerlynne.gil(a)icj.org

Additional information

 On 6 May 2016, The Independent Singapore published two articles: 5 Highlights of DPM Speech and Workers’ Party and the Bukit Batok by-election – what WP members said.

The first article reported about the speech of the Deputy Prime Minister of Singapore at the rally of the ruling party, the People’s Action Party (PAP), wherein he expressed support for the PAP candidate.

The second article reported statements made by the Workers’ Party (WP) members on key issues relating to the elections.

On 7 May 2016, it published the article Tan Cheng Bock Denies involvement in posting by irrational group of PAP fans, where it reported on how the former Member of Parliament, Dr. Tan, disavowed statements he allegedly made and that were posted on the Facebook group which favor the ruling party.

On 31 May 2016, Roy Ngerng and Teo Soh Lung were interrogated for three hours by police. The two were interrogated separately. Teo Soh Lung was accompanied by her lawyer, while Roy Ngerng was not.

After the interrogation, the police accompanied the bloggers back to their respective homes. The police searched their homes without warrants or their consent, and confiscated their mobile phones, laptops, and hard disks. After the search, Roy Ngerng was taken back to the police station and interrogated for another few hours.

At the police station, law enforcement authorities intimidated Roy Ngerng into logging in and out of his social media accounts and his blog, The Heart Truths, in their full view and presence.

The publisher and editor of The Independent Singapore were likewise interrogated separately by the police, on 31 May 2016 and 1 June 2016. Their mobile phones and laptops were also confiscated by the police after their interrogation.

Imminent executions in Singapore and Indonesia must be halted

Imminent executions in Singapore and Indonesia must be halted

The ICJ and other human rights organizations condemn the imminent executions of Kho Jabing in Singapore and at least 15 individuals which apparently includes, 4 Chinese nationals, 2 Nigerians, 2 Zimbabweans, 1 Senegalese, 1 Pakistani and 5 Indonesian nationals in Indonesia.

The organizations call on the authorities of the two countries to halt the impending executions.

On 12 May 2016, the family of Kho Jabing, a Malaysian national on death row in Singapore, received a letter from the Singapore Prisons informing them that he would be executed on 20 May 2016. Kho Jabing was convicted of murder in 2011.

Of particular concern is the fact that there was a lack of unanimity in sentencing Kho Jabing to death, which demonstrates that reasonable doubt exists as to whether he deserved the death penalty.

As regards the imminent executions that will be taking place in Indonesia, Indonesia would contravene her own international obligations under the International Covenant on Civil and Political Right by executing these individuals.

The Association of South East Asian Nations Member States (“ASEAN”), including Singapore and Indonesia, have continuously emphasized the importance of the rule of law and the protection of rights.

The death penalty therefore stands out as an aberration.

In December 2014, the United Nations General Assembly adopted its latest resolutions calling on all States to adopt a moratorium on the use of the death penalty, with a view towards abolition.

A record number of 117 Member States supported the Resolution.

Regrettably, Indonesia abstained and Singapore voted against the Resolution.

The ASEAN Member States must use the opportunity presented by this Resolution to align themselves with the global movement towards abolition.

Singapore has recently undergone its second Universal Periodic Review in January 2016.

The continued use of the death penalty was one of the key highlights of the review, with Singapore receiving over 30 recommendations related to the death penalty, including recommendations to abolish the death penalty.

In 2015, Indonesia, a United Nations Human Rights Council Member until 2017, executed 14 individuals convicted of drug-related offences amid strong international opposition.

The imminent executions would further damage Indonesia’s human rights record and erode her standing in the international community.

The death penalty has no place in the 21st Century.

Not only is there a real possibility of wrongful executions, it deprives inmates of their life and dignity, and creates new classes of victims.

We strongly urge the governments of Singapore and Indonesia to halt the upcoming executions, immediately impose a moratorium on the use of the death penalty and take meaningful steps towards its eventual abolition.

List of signatories:

Anti-Death Penalty Network Asia (ADPAN)

Center for Prisoner’s Rights Japan (CPR)

Community Action Network (CAN, Singapore)

Free Community Church (Singapore)

Function 8 (Singapore)

MADPET (Malaysians Against Death Penalty and Torture)

Maruah (Singapore)

International Commission of Jurists (ICJ)

Journey of Hope

Legal Aid Community (LBH Masyarakat, Indonesia)

Murder Victims’ Families for Human Rights (MVFHR)

Ocean

Pusat Studi Hukum dan Kebijakan Indonesia (The Indonesian Center for Law and Policy Studies)

Reprieve Australia

Sayoni (Singapore)

Singapore Anti-Death Penalty Campaign (SADPC)

Suara Rakyat Malaysia (SUARAM)

Taiwan Alliance to End the Death Penalty (TAEDP)

The Commission for the Disappeared and Victims of Violence (KontraS, Indonesia)

The Indonesian Center for Law and Policy Studies (PSHK, Indonesia)

The Institute for Criminal Justice Reform (ICJR, Indonesia)

The Institute for Policy Research and Advocacy of Indonesia (ELSAM)

The National Human Rights Society, Malaysia (HAKAM)

Think Centre Singapore

We Believe in Second Chances (WBSC, Singapore)

Contact:

Sam Zarifi, ICJ Asia-Pacific Director, t: +66-807-819-002; e: sam.zarifi(a)icj.org

 

Singapore: Court of Appeal decision upholding Kho Jabing’s death sentence a serious blow to human rights

Singapore: Court of Appeal decision upholding Kho Jabing’s death sentence a serious blow to human rights

The Court of Appeal’s decision to lift the stay of execution of Kho Jabing is a serious blow to human rights in Singapore, the International Commission of Jurists (ICJ) said today.

The ICJ urges the Government of Singapore to grant Kho Jabing clemency and immediately impose a moratorium on executions, with a view towards abolishing the death penalty in the near future.

“The death penalty is never justifiable,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific. “If Singapore goes through with the execution of Kho Jabing, it will go against the growing international consensus to abolish the death penalty.”

Currently, 117 member states of the United Nations support the General Assembly resolution passed in December 2014 calling for an international moratorium on the use of death penalty, the ICJ reminds.

The Geneva-based organization opposes the death penalty in all circumstances and considers the imposition of the death penalty to constitute a denial of the right to life and a form of cruel, inhuman and degrading punishment.

The ICJ has received information that there are nine other individuals currently on death row in Singapore.

Authorities have not yet released the date of Kho Jabing’s execution.

The lawyers of Kho Jabing will be filing a petition for clemency in the next few days.

The ICJ urges the Government of Singapore to halt the imminent execution of Kho Jabing, grant the petition for clemency and commute his death sentence.

Background

Kho Jabing, a Malaysian national, was convicted of murder and sentenced to death in Singapore in 2010. After amendments were made in 2012 on the laws on the death penalty in Singapore, Kho Jabing was re-sentenced to life imprisonment and 24 strokes of the cane. The prosecution, however, appealed the re-sentencing and the case was brought to the Court of Appeal.

The court rejected his application for clemency in October 2015. On 23 November 2015, he was granted a temporary reprieve pending the outcome of a petition filed by his lawyers, which raised questions of fact and law.

The decision of the Court of Appeal this morning lifted the temporary reprieve and upheld its decision to impose the death penalty on Kho Jabing.

Contact

Emerlynne Gil, ICJ’s Senior International Legal Advisor, tel. no. +66840923575, email: emerlynne.gil(a)icj.org

 

 

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