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Nagaenthran Ok Dharmalingam, a 33-year-old Malaysian man, was arrested in 2009 for bringing 42.7 grams (1.5 ounces) of heroin into Singapore. He is because of be executed by hanging on Wednesday.
The Excessive Court docket dismissed a final minute constitutional problem from his lawyer on Monday however granted a keep of execution so the choice might be appealed, lawyer M. Ravi posted on Fb — a small glimmer of hope for Dharmalingam’s supporters.
Through the attraction listening to on Tuesday, the courtroom ordered one other keep of execution after saying Dharmalingam examined constructive for Covid-19, in accordance with Ravi. The keep of execution will stay in place till the brand new attraction is heard.
Dharmalingam’s older sister, Sarmila Dharmalingham, mentioned in an announcement the household has been “struggling” however she is “relieved” to listen to the execution had been stayed.
“However I am solely just a little bit pleased, as a result of I do know they have not really stopped the execution, solely given it a short lived keep,” she mentioned.
“We’ve got been instructed by the jail that we’ll not be allowed to go to him anymore, and that we’ll solely be allowed telephone calls with him.”
Dharmalingam’s attorneys and rights teams combating to avoid wasting him say Singapore is violating worldwide legislation by executing an individual with a psychological impairment. They’ve exhausted all different authorized appeals and a petition to the President for clemency was unsuccessful.
Nevertheless, his attorneys argue that Dharmalingam shouldn’t have been sentenced to loss of life underneath Singaporean legislation as a result of he was incapable of understanding his actions. A psychologist assessed his IQ to be 69, which is internationally acknowledged as an mental incapacity. At his trial, the protection additionally argued he had extreme consideration deficit hyperactivity dysfunction (ADHD), borderline mental functioning, and extreme alcohol use dysfunction.
Dharmalingam has spent a decade on loss of life row and through that point his situation has additional deteriorated, his attorneys mentioned.
“He has not an excellent sense of what’s taking place round him,” mentioned N. Surendran, a Malaysian lawyer who’s representing Dharmalingam’s household, and adviser to Malaysian NGO Legal professionals for Liberty. “He’s disoriented. He is obtained no actual clue of what will occur to him.”
Surendran mentioned executing Dharmalingam “could be tantamount to executing a toddler.”
Singapore has among the strictest drug legal guidelines on the earth. Trafficking a certain quantity of medication — for instance, 15 grams (0.5 ounces) of heroin — leads to a compulsory loss of life sentence underneath the Misuse of Medication Act. It was solely not too long ago — and after Dharmalingam’s case started — the legislation was amended to permit for a convicted individual to flee the loss of life penalty in sure circumstances.
Dharmalingam was convicted of drug trafficking and sentenced to loss of life by Singapore’s Excessive Court docket in 2010. His first attraction was dismissed a 12 months later. One other attraction after Singapore amended its drug legislation was once more rejected in 2018.
The courtroom argued Dharmalingam transported medicine “in an effort to repay his money owed” and he knew it was illegal so he “tried to hide the bundle by strapping it to his left thigh.” It additionally mentioned Dharmalingam was “constantly altering his account of his schooling {qualifications}, ostensibly to replicate decrease academic {qualifications} every time he was interviewed.”
“This was ‘the working of a legal thoughts, weighing the dangers and countervailing advantages related to the legal conduct in query.’ Nagaenthran thought-about the dangers, balanced it towards the reward he had hoped he would get, and determined to take the chance,” the ministry mentioned in its assertion, quoting the courtroom’s resolution.
Public stress
Greater than 62,000 individuals have signed a petition urging Singapore’s President Halimah Yacob to difficulty a pardon. Final week, dozens of activists protested exterior Parliament within the Malaysian capital Kuala Lumpur.
Human Rights Watch, Amnesty Worldwide, Anti-Demise Penalty Asia Community (ADPAN) and different rights teams have additionally known as on the Singapore authorities to halt the execution.
“Singapore ought to commute Nagaenthran Dharmalingam’s sentence and amend its legal guidelines to make sure that nobody is subjected to the loss of life penalty, actually not individuals with mental or psychosocial disabilities.”
Surendran, the lawyer, mentioned the execution order was “sickening past perception.”
He criticized the courtroom for ordering the attraction hearings on Tuesday, arguing it gave little time put together submissions in a single day.
“These unreasonable courtroom instructions and unholy rush to have each hearings heard in lower than 24 hours quantities to a blatant denial of due course of to Nagaenthran opposite to Article 9 of the Singapore Structure. No legal justice system in any nation which upholds the rule of legislation, rushes via legal appeals on this method; and all of the extra so in a loss of life penalty case,” he mentioned.
Household ‘shocked’
The letter stipulated solely 5 members of Dharmalingam’s household could be allowed to enter Singapore and would want to cope with an inventory of Covid laws.
4 members of the family — his mom, brother, sister and a cousin — managed to journey to Singapore and meet with Dharmalingam in Changi jail however have been “shocked” at his situation, Surendran mentioned.
“They see a totally totally different individual, they don’t seem to be in a position to get via to him,” he mentioned.
Anti-death penalty activist Kirsten Han, launched a crowdfunding marketing campaign that raised greater than $19,000 Singapore {dollars} to pay for the household’s flights and lodges.
“This isn’t one thing that the household might have afforded themselves,” she mentioned.
She mentioned the execution order, made worse as a result of it was issued shortly after the vital Hindu competition Deepavali, which Dharmalingam’s household celebrates, is “very emblematic of how chilly and scientific your entire loss of life penalty regime is.”
“The Singapore authorities has insisted for a really very long time that (the legislation) protects Singapore. However drug coverage consultants say there isn’t any proof that this form of punitive capital punishment regime deters drug trafficking,” Han mentioned.
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