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LFL statement on alleged judicial execution method in Changi Prison “baseless” and “preposterous”: MHA

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5 years ago

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The statement made by Malaysia-based human rights organisation Lawyers For Liberty (LFL) last Thu (16 Jan) regarding the alleged judicial execution methods in Changi Prison is “untrue, baseless and preposterous”, said the Ministry of Home Affairs (MHA) on Wed (22 Jan).

MHA in its statement today stressed that all executions by the state “are conducted in the presence of the Superintendent of the Prison and a medical doctor, among others”.

The Ministry added that Singapore law also requires a Coroner — a Judicial Officer of the State Courts — to establish an inquiry within 24 hours of the execution to ensure that “the execution was carried out duly and properly”.

“For the record, the rope used for judicial executions has never broken before, and prison officers certainly do not receive any “special training to carry out the brutal execution method” as alleged.

“Any acts such as those described in the LFL statement would have been thoroughly investigated and dealt with,” MHA added.

The Ministry also charged that the “scurrilous allegations of misconduct” are the latest in “a series of sensational and untrue stories” previously published by the human rights organisation.

“LFL has been publishing various falsehoods to seek attention in hopes of getting Malaysian prisoners, who have been convicted of drug trafficking and sentenced to death in Singapore, off the death penalty,” charged MHA.

The Ministry, however, warned that individuals involved in drug trafficking into the Republic “must be prepared to face the consequences of their actions”, as they “harm and destroy the lives of countless Singaporeans”.

The following section contains a graphic depiction of the alleged process of state execution by hanging in Singapore, which may be distressing to certain readers. Readers’ discretion is advised.

The allegations concerning the “brutal” and “unlawful” process of execution by hanging in Changi Prison first surfaced in a statement by LFL on its website last Thu (16 Jan).

Citing an unnamed former Singapore Prison Services (SPS) officer’s account, LFL advisor N Surendran said that the former officer and other prison officers were “instructed to carry out the following brutal procedure whenever the rope breaks during a hanging, which happens from time to time”:

a) The prison officer is instructed to pull the rope around the neck of the prisoner towards him.

b) Meanwhile, another prison officer will apply pressure by pulling the body in the opposite direction.

c) The first officer must then kick the back of the neck of the prisoner with great force in order to break it.

d) The officers are told to kick the back of the neck because that would be consistent with death by hanging.

e) The officers are told not to kick more than 2 times, so that there will be no tell-tale marks in case there is an autopsy.

f) Strict orders are also given not to divulge the above to other prison staff not involved in executions.

Mr Surendran said that LFL were told that “prison officers were given special training to carry out the above brutal execution method”.

“This execution method is unlawful as the mode of execution prescribed by law is hanging by the neck, and not execution by brutal kicking of the neck,” he stressed.

The information on the alleged hanging method, said Mr Surendran, is also especially pertinent to the organisation, as there are a number of “Malaysians are on death row in Changi prison, mainly being convicted drug mules”.

“Every death row prisoner in Changi, including the Malaysians, are in danger of suffering this excruciating death, should the rope break during the hanging,” he said.

Touching on why LFL was “compelled” to disclose the above details of the hanging process, Mr Surendran claimed that the organisation had written to the Singapore authorities and were prepared to hand over the evidence they had of the methods used to execute prisoners, but were met with “deafening silence”.

“Significantly, they have also not denied our allegation of brutality in carrying out hangings, which has been widely reported,” he alleged, adding that the organisation’s disclosure may result in “ensuing public scrutiny” that “will bring to an end these methods”.

Mr Surendran noted that the purported former SPS officer “is prepared to come forward and testify at the appropriate forum”.

Alleged hanging process a “blatant deception and illegality” by S’pore authorities, “in flagrant breach” of Art. 9 of Constitution, LFL alleges

Branding the alleged hanging method a “blatant deception and illegality by the Singapore authorities”, Mr Surendran in his statement on behalf of LFL said: “It is particularly disturbing that this is being done surreptitiously, with specific measures adopted to ensure that nothing incriminating is revealed during any subsequent autopsy.”

“It is in flagrant breach of Article 9 of the Singapore Constitution, the effect of which is to prohibit cruel and unusual punishments,” he added.

He also alleged that such an execution method could not have been carried out “without the knowledge and approval of the Home Minister and government”.

“Quite clearly, the Republic of Singapore has been knowingly carrying out executions by methods prohibited by both Singapore law, as well as international law.

“At this point, we cannot say how many Malaysians or other nationals have been executed in Changi prison by this horrendous method. Only the Singapore government has that information,” he charged.

S’pore should immediately impose moratorium on all executions in the Republic pending investigations or COI, compensate families of those who were executed: LFL

LFL in its statement last Thu urged the Singapore Government to consider the following actions:

i) To immediately impose a moratorium on all executions in Singapore pending investigations or a Commission of Inquiry into this matter.

ii) To handover a copy of the findings to Malaysia, many of whose citizens have been executed in Changi or are facing execution.

iii) To reveal the number and identities of Malaysian prisoners who have been executed using this brutal method in Changi.

iv) To agree to compensate families for the unlawful execution of their loved ones.

“We further call upon the Malaysian government to take urgent steps to protect the safety and basic rights of all Malaysian prisoners now on death row in Singapore,” the statement read.

Melissa Sasidaran, the director of LFL, in a press conference on 23 Jul last year said that “Singapore seems hellbent” on joining countries such as China — which she dubbed “the world’s leading executioner” — as well as Iran and Saudi Arabia, as seen in the string of rejected clemency petitions made by Malaysian death row prisoners in particular.

Illustrating her point, she cited the cases of Nagaenthran s/o K Dharmalingam, Pannir Selvam Pranthaman and the cases of four other Malaysian death row prisoners in Singapore.

She pointed out that the increase in State executions in Singapore are made in a time where “all around the world” countries are “reducing the number of executions”.

“It is particularly troubling in this case where it is a Malaysian citizen [who is involved], and at a time when Malaysia itself is looking at our own death penalty laws, and we have already imposed a moratorium on the death penalty.

“I think Singapore should look into their death penalty laws, in light of the developments in the region and also worldwide … Hopefully the death penalty will be abolished in Singapore,” Ms Sasidaran added.

In its statement today (22 Jan), MHA also revealed that the Minister for Home Affairs K Shanmugam has instructed the Protection from Online Falsehoods and Manipulation Act (POFMA) Office to issue a Correction Direction against LFL, as well as other media outlets including TOC, for publishing the allegations regarding the judicial execution methods.

TOC has submitted an appeal to the Home Affairs Minister against the Correction Direction today, based on the grounds that our report does not affirm the authenticity of the claims made by LFL, and that we did not receive any response from MHA after submitting a query regarding the claims made by the human rights organisation.

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Civil Society

29 organisations demand criminal prosecution of law-breaking police in Malaysia

A coalition of 29 organisations is demanding that Malaysia end the perception of shielding law enforcement officers from prosecution when involved in serious violations like torture and killings. Highlighting cases such as the disappearances of Raymond Koh and Amri Che Mat, they call for accountability through criminal charges.

Published

3 days ago

on

3 October 2024

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Activist Amri Che Mat and Pastor Raymond Koh

A coalition of 29 organisations is calling for an end to what they describe as a “policy” or perception in Malaysia that shields police and law enforcement officers from criminal prosecution, even when they are involved in serious violations such as death, torture, or human rights abuses.

These groups argue that law enforcement officers who break the law should be subject to the same criminal prosecution and sentencing as ordinary citizens.

The coalition points to several high-profile cases where police officers allegedly committed serious crimes, yet no action was taken to prosecute those responsible.

They argue that merely subjecting officers to internal disciplinary actions does not fulfil the public’s demand for justice. Instead, such officers must be charged and tried in open courts, allowing for transparency in the administration of justice.

Enforced Disappearance of Raymond Koh and Amri Che Mat

One prominent case cited is the enforced disappearance of Pastor Raymond Koh and Amri Che Mat. In 2019, the Malaysian Human Rights Commission (SUHAKAM) concluded, following a public inquiry, that both men were likely victims of enforced disappearance carried out by police officers from the Special Branch.

The government formed a Special Task Force to investigate SUHAKAM’s findings, but when the report was completed, it was classified as an “Official Secret” and was not disclosed to the public.

Recently, during a civil trial initiated by the families of the victims, parts of the report were revealed.

These findings supported SUHAKAM’s conclusions, asserting that the officers involved were rogue individuals acting independently. However, despite this revelation, no criminal charges have been filed against the responsible officers.

The delay in prosecuting these officers, even after clear findings, further bolsters the perception that Malaysia protects its law enforcement officers from the full extent of the law.

Assault on Ong Ing Keong

In another case, Ong Ing Keong, a deaf and mute e-hailing driver, was allegedly assaulted on 28 May 2024 by a police officer escorting a VIP.

Despite video evidence supporting Ong’s claims, no charges have been brought against the officer involved. This case has raised further questions about the government’s willingness to hold law enforcement accountable.

Failures in Investigating Police-Related Deaths

The coalition also highlights multiple cases involving deaths caused by police officers, where no significant legal action has been taken.

A coroner’s court ruling on 31 May 2023 determined that the fatal shooting of three men by police officers was not justified as an act of self-defence. Despite this finding, the officers involved have not been charged.

Similarly, in a separate incident, the High Court ruled on 1 February 2024 that the death of a man in Sitiawan, Perak, at the hands of police was homicide, yet no charges have been filed.

The coalition argues that these incidents contribute to a widespread loss of public confidence in Malaysia’s criminal justice system, particularly when it comes to cases involving law enforcement officers.

They stress that the government must act decisively to ensure that justice is seen to be done, by investigating, charging, and prosecuting officers found responsible for these crimes.

Concerns About Torture and Deaths in Custody

There are growing concerns over allegations of torture and deaths in police custody, with many cases seemingly underreported due to victims’ fear or lack of faith in the system.

The groups worry that if the public continues to perceive that justice is inaccessible, it may lead to increased incidents of violence or retaliation against police officers.

The Need for Clearer Laws and Specific Offences

The coalition believes that existing Malaysian laws, such as the Federal Constitution and the Criminal Procedure Code, clearly outline the legal obligations of police officers.

However, they argue that there is a need for additional specific laws to address violations committed by law enforcement officers, particularly in cases involving torture, illegal searches, or denial of legal rights.

They propose enacting special criminal offences targeting police misconduct to ensure greater accountability.

They further highlight the challenge posed by the fact that police misconduct often occurs in the presence of fellow officers, who may be reluctant to report their colleagues. This creates a culture of impunity within the force, making it difficult for victims to seek justice.

Recommendations for Reform

The coalition’s demands include the immediate investigation, charging, and trial of the officers responsible for the enforced disappearance of Raymond Koh and Amri Che Mat, as well as the disclosure of their whereabouts.

They also call for the prosecution of officers involved in the disappearance of Joshua Hilmy and Ruth Sitepu, based on findings from SUHAKAM’s public inquiry.

Moreover, the group advocates for the prosecution of the officers involved in the assault of Ong Ing Keong and those found guilty of homicide in recent court decisions.

They also call for the implementation of new laws to address police misconduct and for the government to take active steps to discard the perception that law enforcement officers are immune from prosecution.

The coalition urges the Malaysian government to demonstrate its commitment to justice by ensuring that all law enforcement officers who break the law are charged and tried in open courts.

This transparency, they argue, is critical to restoring public faith in the country’s criminal justice system.

The list of the 29 organisations in the coalition

  1. ALIRAN
  2. MADPET (Malaysians Against Death Penalty and Torture)
  3. Teoh Beng Hock Association for Democratic Advancement
  4. Association of Home and Maquila Workers (ATRAHDOM), Guatemala
  5. Banglar Manabadhikar Suraksha Mancha (MASUM), India
  6. Center for Orang Asli Concerns (COAC)
  7. Greenpeace Malaysia
  8. Global Women’s Strike, UK
  9. Haiti Action Committee
  10. KLSCAH Civil Rights Committee (KLSCAH CRC)
  11. Legal Action for Women, UK
  12. Migrant Care, Indonesia
  13. National Garment Workers Federation, Bangladesh
  14. North South Initiative, Malaysia
  15. National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), West Malaysia
  16. Parti Sosialis Malaysia (PSM)
  17. PAYDAY Men’s Network (UK/US)
  18. Persatuan Amal Progresif Malaysia
  19. Persatuan Sahabat Wanita Selangor (PSWS)
  20. Programme Against Custodial Torture & Impunity (PACTI), India
  21. Sabah Timber Industry Employees Union (STIEU)
  22. Sarawak Dayak Iban Association (SADIA)
  23. Saya Anak Bangsa Malaysia (SABM)
  24. Singapore Anti Death Penalty Campaign (SADPC)
  25. The Workers’ Assistance Center, Inc. (WAC), Philippines
  26. Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
  27. WH4C (Workers Hub for Change)
  28. Black Women for Wages for Housework, US
  29. Women of Color/Global Women’s Strike, US/UK
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Civil Society

WMP: The Dyson lay-offs is a test of how useful PAP’s relationship with unions is for workers

In response to Dyson’s recent layoffs, Workers Make Possible (WMP) questioned whether The United Workers of Electronics and Electrical Industries (UWEEI), an NTUC affiliate, will fight for workers’ livelihoods or accept defeat. WMP highlighted that many PAP leaders, including SM Teo Chee Hean and MP Patrick Tay, lead UWEEI’s Council of Advisors, raising concerns about its effectiveness.

Published

4 days ago

on

2 October 2024

By

The recent lay-off decision by UK-based tech giant Dyson in Singapore has raised significant questions about the effectiveness of the ruling People’s Action Party (PAP)’s relationship with unions, according to local civil society group Workers Make Possible (WMP).

In an Instagram post, WMP shared two screenshots of news articles, highlighting the irony of British billionaire James Dyson receiving the Public Service Star (Distinguished Friends of Singapore) award in July 2023 for his contributions to the Singaporean economy.

However, fast forward to recently, Dyson’s unexpected round of layoffs left many employees in shock and morale at an all-time low, with only a day’s notice given to The United Workers of Electronics and Electrical Industries (UWEEI), an affiliate of the National Trades Union Congress (NTUC).

 

According to Channel News Asia, the layoffs come just three months after Dyson had assured staff that its Singapore operations, which serve as its global headquarters, would be unaffected by a global restructuring that had cut 1,000 jobs in Britain.

Employees reported that the retrenchment process was conducted discreetly, with affected workers receiving email notifications for private “one-on-one” meetings.

During these meetings, attended by human resources representatives, employees were informed that their roles had been rendered redundant.

A Dyson spokesperson responded to media inquiries by stating that the company was adjusting its team composition to ensure it had the right skills in place for future growth.

“Our ambitions in Singapore remain unchanged, and we expect to continue growing here in the medium term,” the spokesperson said.

Dyson did not, however, disclose the number of employees laid off or provide specifics on how the company plans to support the affected staff.

UWEEI expressed disappointment over the layoffs, revealing that it was informed only a day before the retrenchment, which left little room for meaningful discussions.

The union has since escalated the matter to the Ministry of Manpower (MOM) for further review.

While the union acknowledged that the affected employees fell outside its scope of representation under its agreement with Dyson, it pledged to support the laid-off workers in collaboration with NTUC’s Employment and Employability Institute (e2i).

UWEEI and e2i will assist with job searches, career coaching, and retraining. The union also called on companies to adhere to NTUC’s Fair Retrenchment Framework, emphasizing the need to protect local workers and ensure that adequate support is given during layoffs.

WMP Calls on UWEEI to Act Decisively Amidst Dyson Layoffs, Questioning PAP’s Commitment to Worker Advocacy

Commenting on UWEEI’s response to the recent Dyson layoffs, WMP noted that many PAP members are part of its Council of Advisors, with Senior Minister Teo Chee Hean serving as Chairman and PAP MP Patrick Tay as secretary.

WMP also pointed out that during a parliamentary sitting last month, PAP MPs fervently defended the importance of involvement in trade unions to protect workers.

“Critics should pause their judgement and see what the UWEEI can do in this moment of crisis for the laid-off workers,” WMP remarked.

The group questioned the effectiveness of UWEEI’s actions, suggesting that if PAP MPs are correct in their assertions, then UWEEI should not remain passive.

“It surely cannot be the case that all the UWEEI is able to advertise up-skilling programs to laid-off workers?”

WMP questioned what UWEEI’s next steps will be and whether they will accept defeat or fight for workers’ livelihoods.

 

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