Singapore — A petition has been started in the hopes of saving a mentally impaired man sentenced to death on Nov 10 for drug trafficking offences.
Malaysian Nagaenthran was arrested for drug trafficking when he was 21 years old and sentenced to death a year later.
After 11 years on death row, his execution date is scheduled for Nov 10.
“During his forensic psychiatric evaluation, Nagaenthran was assessed to have an IQ of 69 – a level internationally recognised as an intellectual disability,” the petition noted.
He was also diagnosed with impaired executive functioning and attention deficit hyperactivity disorder (ADHD).
While on trial, Nagaenthran reportedly testified that he had been coerced by a man who assaulted him and threatened to murder his girlfriend.
Dr Ung Eng Khean, a psychiatrist in private practice, submitted that Nagaenthran was suffering from “an abnormality of mind at the time of his arrest”.
It is stipulated in Singapore law that such findings should have been sufficient grounds for the accused to be acquitted or released from charges.
“However, the defence was dismissed despite psychiatric evidence highlighting Nagaenthran’s inability to make rational judgments and decisions; assess risk and consequences; as well as control his impulses,” the petition added.
Under international human rights law and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), it is prohibited to execute a mentally ill person.
Having signed the UNCRPD, “the Singapore government runs the risk of violating its obligation towards ‘ensuring that persons with disabilities are treated equally with dignity and respect,'” the petition highlighted.
It added that the execution for drug offences contravenes international law.
Capital punishment is upheld in Singapore to maintain the government’s moral obligation of protecting the safety and welfare of Singaporeans.
“However, Nagaenthran’s death sentence indicates that the Singapore judicial system is failing to protect the safety and welfare of those with disabilities.”
“Specifically, it demonstrates the systemic failure of Singapore’s criminal justice system to recognise the impact of intellectual disabilities on a person’s culpability and capacity to commit a criminal offence,” the petition noted.
The petition is appealing to President Halimah Yacob to “uphold Singapore’s commitment to the UNCRPD by pardoning Nagaenthran’s death sentence.”
To date, it has 18,718 signatures out of the 25,000 goal. /TISG
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Death penalty to proceed for Singaporean who brought in 1 kilo of cannabis