Rights experts urge Singapore to halt execution of man with mental disability

Nagaenthran K. Dharmalingam, known arsenic Naga, was primitively scheduled to beryllium hanged connected Wednesday for cause offences aft spending much than a decennary connected decease row. 

“We enactment that a impermanent enactment has been granted contiguous until a last entreaty tin beryllium heard tomorrow. However, we are earnestly acrophobic that, if the entreaty is dismissed, helium could inactive beryllium executed imminently,” the experts said in a statement. 

Incapable of understanding 

Mr. Dharmalingam, 33, was apprehended successful 2009 aft helium crossed the borderline carrying astir 43 grams of diamorphine, a narcotic analgesic utilized to dainty terrible pain.  He was sentenced to decease successful 2010.  

His lawyers argued that Mr. Dharmalingam should not person received the decease punishment due to the fact that helium was incapable of knowing his actions.  During the proceedings it was revealed helium has an IQ of 69, which is recognized arsenic representing an intelligence disability.  

”We are acrophobic that Mr. Nagaenthran a/l K Dharmalingam did not person entree to procedural accommodations for his disablement during his interrogation. We further item that decease sentences indispensable not beryllium carried retired connected persons with superior psychosocial and intelligence disabilities,” said the UN experts. 

“We are besides acrophobic that his past 11 years connected decease enactment has reportedly caused further deterioration of his intelligence health.” 

Illegal and ineffective 

They added that nether planetary law, countries which person retained superior punishment whitethorn lone enforce it for the astir superior crimes, namely those involving intentional killing. 

“Drug related offences bash not conscionable this threshold,” they said. “Resorting to this benignant of punishment to forestall cause trafficking is not lone amerciable nether planetary law, it is besides ineffective. There is simply a deficiency of immoderate persuasive grounds that the decease punishment contributes much than immoderate different punishment to eradicating cause trafficking.” 

The UN experts called connected Singapore to commute the decease condemnation against Mr. Dharmalingam, successful enactment with planetary quality rights law. 

They recalled that the state had amended its drugs authorities successful 2012, which allowed cause couriers to beryllium sentenced to beingness down bars if they assistance the Public Prosecutor, oregon successful cases of “abnormality of the mind”.  The decease punishment remains mandatory successful different cases 

“We impulse Singapore to further betterment its authorities to guarantee the decease punishment is ne'er compulsory, arsenic mandatory decease sentences are inherently over-inclusive and unavoidably interruption quality rights law,” said the experts.  

Independent viewpoints 

The 5 experts who issued the connection were each appointed by the UN Human Rights Council successful Geneva. 

As Special Rapporteurs, they are mandated to study to the Council connected thematic issues which see extrajudicial, summary oregon arbitrary executions; the quality rights of migrants, and the rights of persons with disabilities. 

Experts are autarkic from immoderate government, and service successful their idiosyncratic capacity.  They are not UN staff, neither are they paid by the Organization.