Government urged to help Malaysian man facing execution in Singapore after controversial drug conviction

Twenty civil society organisations, led by global rights group Amnesty International and a coalition of anti-death penalty activists, have urged Putrajaya to intervene on behalf of a Malaysian prisoner facing execution in Singapore, more than three years after the previous government made a similar appeal to spare the life of a mentally disabled Malaysian who was sentenced to death for a drug offence.

In a joint statement, Amnesty and the Anti-Death Penalty Asia Network said the government must "take "immediate and decisive action" for Pannir Selvam Pranthaman as he had exhausted all legal options eight years after being sentenced to death under Singapore's controversial drug laws.

"Nothing stands between Pannir having his life taken away from him at any given moment by the Singapore government," said the statement, which is also endorsed by 18 civil society and human rights groups, including Lawyers for Liberty and Bersih.

It said Pannir’s case is riddled with violations of international human rights laws, adding that the circumstances of the offence as well as Pannir's background were ignored as the death penalty for drugs was a mandatory sentence.

Pannir, 37, was arrested in 2014 after being found in possession of 51.84g of heroin and was convicted three years later.

"The judge found that Pannir had acted as a 'courier' as he only transported the drugs. However, the prosecution did not provide him with a Certificate of Substantial Assistance, leaving no option to the judge but to impose the mandatory sentence of hanging," the statement added.

"This process violates the right to a fair trial, as it placed the decision between a life- or- death sentence in the hands of the prosecution– which is not a neutral party in the trial and should not have such powers, and as it breaks down the clear separation that must exist between prosecution and the court."

The groups reminded Malaysia of its duty to take "all possible actions" to stop executions and the use of the death penalty by its neighbour, adding that Malaysia's chairmanship of Asean this year should be utilised to advocate for human rights issues in the region.

"Malaysia’s intervention in Pannir’s case would not only demonstrate its commitment to support its nationals facing execution abroad, but also its leadership in advancing a human rights agenda within Asean," they added.

Sister's plea

In November 2021, the Singapore Court of Appeal rejected Pannir’s final bid to commute the death sentence.

Following this, Pannir's sister Sangkari Pranthaman wrote a scathing letter to the Singaporean authorities, describing her brother's case as a "serious miscarriege of justice".

Sangkari also questioned prison authorities for refusing to allow Malaysian lawyer N Surendran to visit Pannir.

"And this happened when Pannir was about to be brought to the courts for the final time to get his official sentence. Can any of you imagine this moment? Surendran did not get permission to visit Pannir until the end and he was only able to see Pannir in court on May 23,2019, a day before his scheduled execution. This is ridiculous," wrote Sangkari.

"Please do not carry out any hanky-panky job behind the scenes like denying death row inmates their rights to seek and meet legal counsel and refusing to cooperate with lawyers arguing for death penalty cases in Singapore."

In October 2021, then prime minister Ismail Sabri Yaakob and the then Agong, Sultan Abdullah Sultan Ahmad Shah, wrote to the Singapore government and president seeking leniency for Nagaenthran Dharmalingam, a Malaysian who had been diagnosed with intellectual disabilities and sentenced to death for trafficking 43g – about three tablespoons – of heroin.

Despite international outrage over Nagaenthran's case, he was eventually executed in April 2022.

In 2019, Singapore ignored appeals from the Malaysian government as well as a petition for clemency for Malaysian drug trafficker Abd Helmi Ab Halim, whose execution was carried out in November that year.

In the joint statement today, Amnesty noted that Singapore has "intensified its pursuit of executions" by shortening the notice period for those whose executions were previously stayed to just four days.

In addition, two new laws that have recently come into force have restricted the ability of death row inmates to file appeals or reviews, they said.

"These developments underscore the urgency for the government of Malaysia and the international community to take unified and stronger action, calling on Singapore to immediately end all executions as a critical step toward abolishing the death penalty," the statement added.

During his time in prison, Pannir had written three songs, joining hands with popular local artistes in the campaign to abolish the death penalty.

"These songs bring Pannir’s story, and the broader plight of death row prisoners,to the forefront, encouraging Malaysians to reflect on the power of forgiveness and the value of giving someone a second chance," the groups said.

The PAP-led Singapore government has defended its spree of executions in recent years even as neighbouring Malaysia announced a major step to abolish the mandatory death penalty, including for drug offenders.

Last year, nine individuals were executed in Singapore, eight of them for drug-related offences.

In 2022, 23 death row inmates came together to file a historic suit against the Singapore government, accusing authorities of scuttling their right to justice after a series of troubling executions of prisoners who were forced to defend themselves without lawyers in their final hours.