I UNDERSTAND that the Singapore High Court has postponed the hearing of the appeal of Nagaenthran Dharmalingam in the Court of Appeal on the grounds that he had been found to be COVID-19 positive.
In fact, the appeal was to be heard yesterday at 2.30 pm before the postponement.
This means that Nagaenthran will not be executed on November 10, 2021, which is the original date.
It is not sure when the Court of Appeal will hear the case of Nagaenthran, as it will depend on how fast he recovers from the virus.
Despite the postponement of the execution, nothing is certain about the fate of Nagaenthran.
There is fear that despite worldwide appeals for compassion and mercy, Singapore might just go ahead to execute Nagaenthran.
The question is whether the Court of Appeal will find merit in the defence argument that Nagaenthran is intellectually-impaired.
I also understand from his lawyer M. Ravi that Nagaenthran does not understand English and whether he fully understands his predicament.
Ravi has urged the court to provide Tamil language experts to brief Nagaenthran about his fate.
Ravi is a dedicated human rights lawyer who wants the death sentence to be abrogated on the grounds of Nagaenthran’s low intelligence quotient (IQ).
In accordance with international law, a person cannot be executed if he or she was found to be intellectually challenged.
Nagaenthran falls into this category of a mentally-challenged person.
It is not easy to be a human rights lawyer in Singapore especially defending persons who have been imposed capital punishment by the state.
It has been brought to my attention that the prosecution is finding ways to impose a punitive cost on Ravi.
He thinks that this a clear act of intimidation on the part of the Singapore state.
Singapore is a world-class city state with modern infrastructures and facilities, and is renowned for its efficiency.
But the only thing that is visibly lacking in Singapore is compassion, mercy and respect for human rights.
Many countries have done away with capital punishment simply because it does not serve as a deterrent against crimes nor has any rehabilitative value.
The matter is just not about Nagaenthran but is also about others who are awaiting their turn to be executed.
It is not about Singapore needing to act tough against criminals but balancing firmness with compassion and understanding for the poor and the unfortunate.
Invariably those involved in criminal activities are those from the lower socio-economic background.
Death penalty cannot act as the deterrent simply because the real culprits in drug trafficking remain free.
The intermediaries from the poor and unfortunate families get caught and pay with their lives.
The abolition of the death penalty can start with Nagaenthran.
Just imagine the goodwill and respect Singapore can earn through such a humanitarian measure. – Nov 10, 2021
Ramasamy Palanisamy is the state assemblyperson for Perai. He is also deputy chief minister II of Penang.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
