The Hague/New York/ Kuala Lumpur
Parliamentarians for Global Action (PGA) call on the authorities of Singapore to grant Mr. Nagaenthran Dharmalingam, a mentally disabled national of Malaysia, who is facing an imminent death penalty for drug trafficking, clemency, or commutation of his death sentence to imprisonment. PGA also calls Malaysia to request urgent repatriation of Mr. Dharmalingam back to Malaysia to serve his sentence, possibly conducted through a prisoner swap with Singapore.
Mr. Nagaenthran Dharmalingam (34) was arrested 13 years ago for smuggling 42.72 grams of heroin into Singapore from Malaysia. He was later handed a mandatory death sentence and has been on death row for more than a decade. The Singapore court accepted evidence that Nagaenthran has an IQ of 69, ADHD, and "borderline intellectual functioning.
Executing a person with an intellectual or psychosocial disability is inconsistent with international law and practice. I strongly call on the authorities of Singapore to halt the execution and commute the death sentence to imprisonment. I also urge the authorities of my country to reach out to Singapore with a request for a prisoner swap and repatriate Nagaenthran back to Malaysia to serve his sentence. Ms. Kasthuri Patto, MP (Malaysia), PGA’s President
As emphasized by the UN Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment, “international law considers the imposition and enforcement of the death penalty on persons with mental disabilities a violation of the prohibition of torture and other cruel, inhuman and degrading treatment or punishment.”
In addition, Mr. Nagaenthran Dharmalingam was not provided with the required support and accommodation for his disabilities to facilitate his effective participation in his trial, nor procedural accommodations to ensure a fair trial and due process. As highlighted by the Office of the United Nations High Commissioner for Human Rights, “the lack of procedural accommodations violates the right to a fair trial and may lead to effective exclusion from proceedings and/or being subjected to unfair sentences.”
Given that Mr. Nagaenthran Dharmalingam is intellectually disabled and committed a non-violent crime, and he was not provided with the required support and accommodation for his disabilities, we sincerely appeal for the authorities of Singapore to uphold their country’s international human rights commitments by pardoning Mr. Nagaenthran Dharmalingam’s death sentence.
PGA opposes capital punishment in all circumstances. Parliamentarians have a crucial role to play in the movement to restrict the use of the death penalty and ultimately abolish it through drafting legislation, deliberating on national policies, and enlightening public opinion.
