Surendran Pans Singapore Claim Man On Death Row Not Mentally Substantially Impaired

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A human rights lawyer representing the family of Nagaenthran K Dharmalingam who is on death row for drug trafficking has criticised a Singapore Home Affairs Ministry (MHA) statement that his client was not mentally "substantially impaired" when he committed the crime.
N Surendran maintained that executing anyone with a mental disability is against international law.
"Firstly, the MHA relies on the fact that Singapore courts found Nagaenthran’s 'mental responsibility for his crime was not impaired', and hence no one should object to this hanging.
"However, the MHA deliberately sidesteps the fact that the court also found that Nagaenthran suffers from borderline intellectual functioning and attention deficit hyperactivity disorder (ADHD), has a full-scale IQ score of 69, and that his executive functioning skills are impaired," Surendran said in a statement.
Singapore-based Today Online reported the MHA as saying that the courts in the city-state concluded that Nagaenthran's mental responsibility for his offence was not substantially impaired and he clearly understood what he did was a crime.
It added that the Malaysian had fabricated claims that he committed the crime under duress.
Nagaenthran was sentenced to death in 2010 for trafficking 42.72g of heroin. He is set to be executed on Nov 10.

Lawyer N Surendran
Surendran, who is the adviser to Lawyers of Liberty, described the MHA's response as "robotic" and does not address public concerns.
"Executing a person with any kind of mental or intellectual disability is in breach of customary international law. It is also inhumane and sickens everyone who hears about it.
"This is the real objection and concern of right-minded people, both Malaysians and Singaporeans, to the planned execution of Nagaenthran.
"This is why Singaporeans have been raising funds for the family and Malaysians have been carrying out public protests in recent days," he said.
Surendran added that the MHA did not address Nagaenthran's mental and intellectual disabilities.
"Instead, they try to paint this man with a child’s intellect as a calculating and deliberate criminal, in a desperate bid to defuse public outrage on both sides of the causeway, as well as rising international disgust," he said.
An online petition asking Singapore president Halimah Yacob to pardon Nagaenthran has garnered over 46,000 signatories at the time of writing.
A formal petition for a pardon to Halimah did not succeed.
'Short notice'
Nagaenthran's family had also complained about the short notice given to them on his execution date, which is just a week after Deepavali, amid the Covid-19 pandemic where cross-border travel is subject to various conditions.

The MHA had said it is assisting Nagaenthran's family to travel to Singapore ahead of his execution. However, Surendran disputed this.
"It is public knowledge that the complex logistics and hefty costs are being managed by prominent Singaporean activist Kirsten Han.
"The Singapore Prison Services ( SPS ) only bothered to communicate with the family whenever Han made queries to the SPS.
"The SPS has in fact made the process more difficult by childishly refusing to communicate directly with Han, who is the family’s representative in Singapore for these arrangements," he said.

Surendran said if Singapore proceeded with the execution, it will be a "permanent blot" on the country and urged the city-state to heed "civilised opinion".




Nagaenthran K Dharmalingam and his family
Meanwhile, Malaysians Against Death Penalty and Torture (Madpet) said it was appalled that only a two-week notice was given to the family about the execution.
"It is only just and morally responsible that family and friends of persons to be executed, including children involved, be accorded an opportunity and the right to say final good-byes to a loved one before he dies.
"The ‘to be executed’ may be guilty, but let’s not forget the rights of the family and friends of him/her, who are innocent victims of the situation which Singapore has full control," said Madpet representative Charles Hector.
He suggested that the execution be postponed to a later date.
Hector added that there were also a number of considerations in the sentencing, pointing out that the 42.27g of drugs - equivalent to three tablespoons, would get the same death penalty as someone who trafficked 10kg of the drug.
Likewise, he added that Nagaenthran's mental disability also remains an issue.
Hector said at the very least, Nagaenthran's sentence should be commuted to life imprisonment.
"A sentence serving prisoner with a mental illness or intellectual disability really should be treated, not simply continued to be imprisoned and worse still, hanged to death," he added. - Mkini

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