Singapore: Authorities must end executions and stop cracking down on death penalty opponents to curb criticism

We, the undersigned seven organisations, are deeply concerned about developments in Singapore since early August 2024. Authorities there have carried out two executions in violation of international protections for the death penalty and have also restricted the freedom of expression of the Transformative Justice Collective, a non-governmental organisation that has expressed concern about human rights violations and criticised the processes that led to the executions.

Given growing fears that more people on death row are at imminent risk, we call on the Singapore government to take important first steps by immediately imposing a moratorium on all executions and ending the harassment of those opposed to the death penalty.

On August 2 and 7, Singapore authorities executed two men convicted of drug trafficking, violating international human rights law and standards that limit the death penalty to the “most serious crimes.” The death penalty has recently been interpreted as “crimes of extreme gravity involving premeditated killing.” Several UN bodies, including the International Narcotics Control Board, have repeatedly made clear that drug-related crimes do not meet this threshold.

In both cases, the death penalty was imposed as a mandatory penalty, which meant that the judge could not take into account the specific circumstances of the crime or the background of the convicted person, which also violates international law and standards. Another troubling aspect of these cases is that the convictions were made by relying on statutory presumptions of drug trafficking under the Misuse of Drugs Act. When these statutory presumptions are invoked, the burden of proof is shifted to the accused, who must then be rebutted by the higher legal standard of “on the basis of probabilities”. Statutory presumptions of guilt violate the right to the presumption of innocence – a mandatory norm of customary international law – and other fair trial guarantees under international human rights law, which stipulate that the burden of proof for the prosecution rests with the prosecution. In addition to undermining the right to a fair trial, presumptions of guilt have also had the effect of lowering the bar of proof for conviction in capital crimes.

As the Transformative Justice Collective denounced, both men had pending appeals at the time their executions were scheduled: both were parties to pending civil cases and one of them had additionally requested a pending criminal case. Safeguard No. 8 of the UN Safeguards for the Protection of Death Penalty Rights, adopted by two UN bodies without a vote in 1984, states: “[c]A capital penalty may not be enforced during an appeal or other legal remedy or during any other proceedings relating to the pardon or commutation of sentence.’

Given the lack of transparency surrounding the application of the death penalty in Singapore, it is unclear what procedural steps the authorities took before issuing the execution orders in these two cases, as well as in four others earlier this year. Within the narrow limits under which the death penalty can be imposed under international law – drug trafficking is excluded – the criminal justice system should allow for a thorough review of the individual's right to review, up to and including the gallows.

The circumstances in which the Singapore authorities ordered and carried out these executions violated safeguards under international law and standards against arbitrary killing. Subsequent statements by the authorities that the executions were carried out “in accordance with all legal requirements” fail to recognise that Singapore’s legislation falls short of international human rights standards, including the norms of customary international law to which Singapore is bound. We call on the authorities not to ignore these standards in their statements on the death penalty and to recognise that respect for human rights is a key pillar of the rule of law. Pending the complete abolition of the death penalty, we call on the government to immediately impose a moratorium on executions and to review domestic legislation to bring it into line with international human rights law.

A change of course is more urgent than ever after the Supreme Court in recent weeks considered and rejected the petitions of several death row inmates, potentially putting them at risk of execution.

We further condemn the frightening climate of fear and repression that the authorities have created around anti-death penalty activism in Singapore. We strongly oppose the issuance of two correction orders and one targeted correction order under the Protection from Online Falsehoods and Manipulation Act (POFMA) against statements made by the Transformative Justice Collective on 1 and 6 August 2024. The orders request “factual corrections” which were disputed by the Transformative Justice Collective. The POFMA orders issued by the Minister for Home Affairs and the POFMA Office target those who criticise the handling of death penalty cases in Singapore. They have the further effect of restricting freedom of expression and human rights activism in the country and preventing fully informed debates on the continued use of the death penalty.

If the authorities want to protect the people of Singapore from harm, they must act in accordance with international human rights standards, including those relating to the protection of the right to freedom of expression. Restrictions on this right must be clearly and narrowly defined in law and meet strict criteria of necessity and proportionality to a legitimate aim, rather than becoming a weapon of censorship, as in the case of POFMA.

We call on the Singapore government to stop using POFMA orders to silence critics and ensure that all legal provisions designed to protect national security or unreasonably restrict freedom of expression are reviewed to ensure they comply with international human rights law and standards and to ensure freedom of expression for all.

This declaration was co-signed by:

Amnesty International

Project “Justice in relation to the death penalty”

FIDH – International Federation for Human Rights

MADPET – Malaysians against the death penalty and torture

Parliamentarians for global action

Taiwanese Alliance Against the Death Penalty

World Coalition against the Death Penalty