Under Article 22P of the Constitution of #Singapore, the President is able to, on the advice of the Cabinet (this bit is important), grant clemency to death row inmates. This is usually understood to mean that the President will commute the death sentence to life imprisonment.
There's a catch: the words "on the advice of the Cabinet". In 2011, the Court of Appeal ruled that this means the President must act according to what the Cabinet says. Essentially, while it is known as a presidential pardon, it is actually the Cabinet of #Singapore that decides.
This was a matter of controversy in 2010/2011 in relation to the case of Yong Vui Kong, a young Sabahan who was on death row for drug trafficking. In 2010, while Yong's case was still before the Court of Appeal, Law Minister K Shanmugam said this:
At the time, Yong's lawyer, M Ravi, argued that these comments were sub judice and had "poisoned" his client's case with "biasedness". After the Court of Appeal decision that the President has to act according to the Cabinet's decision in clemency cases, we had more concerns.
Where the law ends, mercy begins. The president's power to grant a pardon should be the final check on the system — and it is especially important when the punishment is as grave and *irreversible* as the #deathpenalty.
But this check is completely undermined if the president can't consider a case and decide independently. #Singapore's ministers often defend the #deathpenalty, domestically & abroad. Look at Shanmugam's comment on whether Yong should get clemency, and what MinLaw said about it:
How independent and fair is the process if the Cabinet, including a minister like Shanmugam, is then the one considering Yong (or any other inmate)'s clemency plea, and telling the President what to do about it?
Why is the President just a rubber stamp in such a serious matter?
Every death row inmate has the right to submit an appeal to the President. I've accompanied multiple families to the Istana so they can submit their own pleas on behalf of their loved ones. These families have knelt on tarmac, stood under the hot sun, been drenched by rain.
In the 10 years I've been involved in the #deathpenalty issue in #Singapore, I've never seen a successful clemency application (although we always try anyway).
Actually, there's been no clemency granted since 1998.
This is an example of a response. In my experience, the letter is signed by the President's Principal Private Secretary, not by the President. After this response, the prison authorities are free to schedule the hanging. #deathpenalty#Singapore
There was a clemency case in 2018, an inmate who was 15 when convicted of a capital offence. I haven’t counted this as a case #deathpenalty clemency, since his age at conviction meant he was detained at the president’s pleasure rather than on death row. straitstimes.com/singapore/anni…
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🧵 on Twitter and Mu*k, from the perspective of a journalist/activist from #Singapore (me)
1/ I am from a country that has significant issues with civil, political, and human rights. But my government also puts significant effort into public relations to bolster its reputation.
2/ I'm constantly meeting people who have no idea that, in #Singapore, you can be arrested for holding up a placard in public. That 11 men have been executed this year for #drugs. That we have serious issues with press freedom and media diversity.
3/ In this context, Twitter has been, and is, an extremely valuable tool in allowing me — a freelance journalist and activist with limited resources and no big institutional backing — to talk to people outside of #Singapore about our problems.
#Singapore will finally repeal Section 377A (which criminalises sex between men), while also undermining the main point of repealing Section 377A by enshrining the discrimination against #LGBTQ people elsewhere
Once the Constitution is amended it's going to be freakin' hard to change it again. And as Lee himself points out, this is not just about marriage. It affects housing, education, who gets to be recognised as next-of-kin, even advertising and film codes (media censorship).
Right now, Section 377A is not enforced. So the reason it should be repealed is not 'cos gay men are getting arrested for having sex, but 'cos 377A exists as a signal that #LGBTQ people are different and less acceptable and therefore can be discriminated against.
🧵 I’ve been sharing updates but wanted to put together a thread covering the substantive points of the Court of Appeal hearing today (well, yesterday now) involving 24 death row prisoners in #Singapore
On 1 August, 24 death row prisoners filed an originating claim against the state, in relation to their right to access to justice. They claimed that the practice of handing out punitive cost orders against lawyers have deterred lawyers from taking on late-stage capital cases.
Due to this fear, they say that they’ve faced difficulties finding lawyers to represent them. Therefore, this practice of imposing cost orders has affected their constitutional rights in relation to access to justice.
It’s been about an hour since the court stood down to deliberate the appeal brought by 24 death row prisoners against the High Court striking out their civil suit relating to their right to access to justice. The hearing is conducted on Zoom so the 24 are calling in from prison.
On multiple screens in the courtroom you can see the Zoom gallery. 24 of those little rectangles are the death row prisoners, representing themselves because they don’t have a lawyer to represent them in this application.
It took some time to bring them all into the Zoom room and make sure they were all connected, audio working, etc. So instead of putting them in the waiting room like it usually does, they’ve just been left in the room while the judges were put in the waiting room.
Okay, finally got access. If I understood what happened to me in interrogation correctly, after this morning there are now *more* offences that @justanotherock and I are on the hook for. Just going to sum it up as best I can…
The original 2 alleged offences that @justanotherock and I were questioned for this morning were: (1) when 4 of us hung out outside Changi Prison chatting the night of Kahar was executed, and (2) when we took photos outside of prison a couple of nights before Nagen was hanged.
However, ‘cos @justanotherock and I were wearing (different) T-shirts with anti-#deathpenalty slogans today, the police claim that we have committed another offence of “illegal procession”, ‘cos we walked from the market across the street to the police station this morning.