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Singapore court rejects Malaysian man's death row appeal

March 29, 2022

A man with an IQ of 69 was arrested on drug trafficking charges in 2009 and sentenced to death. Lawyers had argued executing someone with a mental disability violates international law.

https://p.dw.com/p/499U9
Activists attend a candlelight vigil against the impending execution of Nagaenthran K. Dharmalingam
Activists attend a candlelight vigil holding a poster showing Nagaenthran K. Dharmalingam and calling for his execution to be stoppedImage: Vincent Thian/AP/picture alliance

Singapore's top court on Tuesday rejected a mentally disabled Malaysian man's last-ditch appeal against an execution.

Nagaenthran K. Dharmalingam was arrested in 2009 for trafficking around 42.7 grams of heroin into Singapore and in the following year was given a then-mandatory death sentence.

Lawyers of the 34-year-old man had argued in his final appeal that executing someone with mental disabilities was a contravention of international law.

But the Court of Appeal dismissed the challenge, saying that it had "no factual and legal basis," and domestic legislation takes precedence over international law.

Dharmalingam's lawyer, Violet Netto, had objected to presenting her client's prison medical records at the last hearing, over confidentiality concerns, and had instead requested an independent psychiatric review.

At an earlier court hearing, his IQ was revealed to be 69 —  a level which is internationally recognized as an intellectual disability.

However, the court ruled Dharmalingam knew what he was doing in violating Singapore's anti-drug laws — one of the harshest in the world.

M. Ravi, a human rights lawyer assisting the case, wrote on social media that Dharmalingam is "due to be hanged possibly in the next few days."

Amnesty report: Death sentences up, executions down

Why did the court reject the appeal?

On Tuesday, Singapore's Chief Justice Sundaresh Menon said the attempt to prevent the disclosure of medical records was unreasonable and there was no admissible evidence that showed any decline in his mental condition.

Dharmalingam had been "afforded due process" and his defense had put "nothing forward to suggest that he has a case," Menon said.

He added that the Dharmalingam's lawyers were filing "hopeless" motions after several appeals had already been rejected.

UK-based rights group Reprieve — which campaigns against the death penalty — said in a statement that Dharmalingam faces imminent execution unless he receives a pardon from Singapore President Halimah Yacob.

 "We urge President Halimah Yacob to listen to the cries for mercy within Singapore and around the world ... and spare the life of this vulnerable man," the organization's director Maya Foa said.

dvv/wmr (AFP, AP, Reuters)