MORE than a decade after he was condemned to death for drug trafficking, Nagaenthran Dharmalingam, 33, is scheduled to become the first prisoner executed by Singaporean government since 2019.
But here are ten reasons why the island state should not impose the death penalty on him:
First, Nagaenthran might have admitted to the crime of engaging in drug trafficking, but he was found to be mentally impaired.
In other words, his testimony as to the crime might not be valid and hence the death penalty should be quashed or reduced to imprisonment.
Second, Nagaenthran was sentenced to death and his appeals were dismissed on grounds of his testimony that perpetrated drug trafficking.
But understand from his lawyers that the fact that he was mentally impaired was not factored in the final decision making.
Third, punitive laws against drug trafficking are found to be inhumane in that they punish the drug mules and not those who are the brains behind the global drug syndicates.
Those who receive draconian punishment are not the real perpetrators of the global drug trade.
Fourth, International laws and conventions on human rights have long argued for countries to move away from capital punishment to laws that are rehabilitative in nature.
The argument being that capital punishment does not function effectively in reducing drug trafficking.
Fifth, moving away from capital punishment on drug trafficking does not in any way impair the sovereignty of countries to have their own laws and mechanisms to deal with the menace of drug trafficking.
In fact, doing away with crude capital punishment laws might enhance the reputation of countries like Singapore and Malaysia as responsible and humane in nature.
Sixth, Singapore is a responsible nation in the global community.
Even though it is a tiny island, it has achieved tremendous growth and development in the decades after independence.
It is a strong base for global companies engaging in trade and investment.
However, there is one blot – the existence of repressive laws in general and on drug trafficking in particular.
Doing away with capital punishment might be the first significant step in the direction of having a liberal and democratic political environment.
Seventh, executing Nagaenthran might give the impression that Singapore is tough and uncompromising on matters of drug trafficking.
Many others have been executed in the past but had such executions brought down the number of drug trafficking cases?
The answer is simply no.
The root of the problem is the existence of drug syndicates with powerful political connections.
Singapore is in no position to make a dent in curbing the menace of drug trade.
It can merely exercise its limited jurisdiction within the confines of the small island territory.
Eighth, the passage and enforcement of laws must be based on justice and not merely to punish those who were caught and found guilty.
But unfortunately, countries like Singapore, Malaysia and others have never approached laws from the point of justice.
This is the reason why the poor and the unfortunate get entrapped in crimes and get punished severely.
Punishment is often class-biased in nature.
Nineth, the poor and the unfortunate get caught in drug trafficking not because they might be earning big bucks but because this is a chance in their lifetime to make money for themselves and their families.
It is not that they should be spared because they come from poor socio-economic background; rather, they should be punished without resorting to capital punishment.
Tenth, the global challenge to move in the direction of justice and democracy presupposes commitment from the community of nations.
Nations that are still in possession of archaic and cruel laws must ensure these blots are removed in the quickest possible time.
Imposing the death penalty on Nagaenthran simply reinforces the impression that Singapore is adamant and unprepared in partaking in the efforts to render the world as more humane and democratic. – Nov 5, 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.
