PETALING JAYA: Singapore’s move to execute Malaysian Datchinamurthy Kataiah on April 29 despite an ongoing legal proceeding is in contempt of court and unlawful, says Lawyers for Liberty adviser N. Surendran.
He urged the Singapore government to immediately revoke the execution notice dated April 21 against Datchinamurthy and allow the court processes to proceed unimpeded.
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“To block a person on death row from access to courts by executing him prior to the hearing, is in breach of international law as well as the Singapore Constitution," he said.
Surendran said the shocking news was conveyed on Friday (April 22) to Datchinamurty’s family by a letter dated April 21 from the Singapore Prison Service.
The letter was addressed to Datchinamurthy’s mother in Johor.
“Malaysian citizen Datchinamurthy Katiah is now scheduled to be executed on Friday (April 29) in Singapore," it read.
Datchinamurthy has been on death row in Singapore’s Changi prison since he was convicted in 2015 by the High Court for allegedly trafficking in 44.96g of diamorphine.
His Singaporean co-accused was spared the death sentence by a special certificate of the Attorney General of Singapore.
“We are appalled and disturbed that Singapore plans to hang Datchinamurthy although he has a legal challenge still pending in the Singapore High Court.
“This case (Originating Summons No 188 of 2022) is on the court hearing list for May 20.
“The execution notice, issued despite ongoing legal proceedings, is therefore a fundamental breach of Datchinamurthy’s right to life and right to a fair trial contained in Article 9(1) of the Constitution.
“No civilised country in the world hangs a person in the middle of a court process,” he said.
Surendran added that by issuing this execution notice, the Singapore Prison Service and the Singapore Home Minister are in clear and serious contempt of court.
“The Attorney General of Singapore, having knowledge and being complicit in the planned execution, is equally in contempt of court.
“Coming in the wake of mentally disabled Malaysian Nagaenthiran Dharmalingam’s scheduled execution just two days earlier on April 27, it is clear that Singapore is now engaged in a reckless and bloody execution spree, in disregard of the rule of law and civilised norms,” he said.
The execution order on Nagaenthran, 34, came after a Singapore court rejected his final appeal against the death sentence imposed for drug trafficking on March 29.
He was detained in 2009 and convicted of trafficking 42.72g of heroin in 2010, a crime punishable by the mandatory death penalty.
His appeal against the conviction and sentence were dismissed in 2011.
In 2017, the High Court in Singapore ruled that Nagaenthran did not qualify to be given life imprisonment based on evidence from four psychological and psychiatric experts.
Nagaenthran’s case drew public attention in October last year after a letter from the Singapore Prison Service of his pending execution on Nov 10 was sent to his mother in Ipoh.
The letter, which was posted on social media, drew calls for clemency against the death sentence both locally and from abroad.