PUBLISHED ONMay 08, 2024 10:31 AMByClaudia TanMinister for Home Affairs and Law K Shanmugam has called out anti-death penalty activists for spreading misinformation and helping death row inmates "abuse" legal processes.
During his ministerial statement in Parliament today (May 8) on Singapore's drug control policy, Shanmugam also criticised anti-death penalty activists for painting a one-sided image of convicted drug traffickers to mislead the public.
"They publish videos, pictures, stories from the trafficker’s childhood, sharing interviews with family members... portraying the trafficker as a victim of unfortunate circumstances."
However, these stories omit the realities of the harms these traffickers have caused to the victims of drug abuse, he said.
During his statement, the home affairs minister brought up several cases where innocent victims were harmed by drug abusers, such as a man who fatally stabbed his mother and punched his grandmother to death while under the influence of drugs.
Some activists have also tried to undermine Singapore's drug penalties by disrupting the carrying out of death sentences, he said.
This is done by filing "unmeritorious" legal applications at the last minute on behalf of convicted drug traffickers who have exhausted all avenues of recourse.
"And those who help with these applications often hide behind the persons awaiting capital punishment (PACP)s and their families," said Shanmugam.
In one case, a PACP filed seven post-appeal applications after his substantive appeal was dismissed. The seventh application contained a correspondence email address belonging to Kirsten Han, an anti-death penalty activist.
"The court dismissed that application – said it was a blatant and ill-disguised application to disrupt the carrying out of the sentence. In other words, a clear abuse of process.
"The person, with the email account by the name of Kirsten Han, if she was involved, was helping in the abuse of process."
Because of these such applications, there are PCAPs whose sentences have not been carried out, even though their cases were decided more than a decade ago.
Activists have also made baseless allegations that "cast doubt" on the legal process.
Such was the case in May 2023, where POFMA directions were issued against 10 social media posts and two online articles which contained false statements about a capital sentence.
Despite the warning, the five parties behind the posts – the Transformative Justice Collective, The Online Citizen Asia, Andrew Loh, Kirsten Han, M Ravi – continued to claim that a PACP was denied an interpreter during the recording of his statement.
"A blatant, false attack on the criminal justice system," said Shanmugam.
To streamline these applications, Shanmugam said that the Post-appeal Applications in Capital Cases Bill, or the PACC Act, was passed in November 2022.
Under the Act, a person awaiting capital punishment (PACP) who has already had his or her sentence upheld by the Court of Appeal will have to seek permission to make a PACC Application.
From there, only a Court of Appeal can hear PACC Applications and grant a stay of execution.
The PACP will also be required to state their grounds of application and why they did not file the application earlier.
"The Act will come into force very soon, within a few weeks," said Shanmugam.
He also noted that 36 PACPs filed a post-appeal application in September last year to challenge the constitutionality of the law.
The application was dismissed by the High Court in December 2023, on the grounds that the PACPs had no standing to bring such a challenge.
A day after the appeal was dismissed, 36 PACPs - 34 of whom were involved in the earlier post-appeal application - filed another post-appeal application on another matter.
Declining to comment on the "merits" of the ongoing applications, Shanmugam said this is not the first time that large groups of PACPs have jointly filed applications to the court as a last resort.
"The PACC Act, when it comes into force, will deal with many such applications."
He shared that the ministry is considering other factors to ensure that the new law, when passed, is properly supported.
"We will take necessary steps to ensure that this sort of abuse of process is dealt with."
Separately, as part of Singapore's continued fight against drugs, every third Friday of May will now be designated as Drug Victims Remembrance Day from 2024 onwards.
To kickstart the launch, an observance event will be held at Ngee Ann City Civic Plaza on May 17, together with an immersive exhibition at the same venue till May 19.
Shanmugam added that there will be a candlelight display to remember the victims of drug abuse, not only from Singapore, but from all around the world.
"These are the people who deserve our sympathy."
"I strongly encourage Singaporeans to visit the exhibitions, participate in these activities, to be aware of the global and local drug situation, and to show solidarity in our fight against drugs."
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