SINGAPORE: The Anti-Death Penalty Asia Network (ADPAN), an organisation advocating for the abolition of the death penalty across the Asia-Pacific region, has been served with a correction order by the Singapore government under the Protection from Online Falsehoods and Manipulation Act (POFMA).

The order, initiated by Minister for Home Affairs and Law K Shanmugam, was directed to the POFMA office in response to alleged false claims made by ADPAN in social media posts on 3 October 2024.

These posts pertained to Singapore’s legal processes for death row prisoners and the treatment of activists opposing the death penalty.

The posts, shared across Facebook, Instagram, and LinkedIn, were released just before the scheduled execution of Mohammad Azwan Bohari, a drug trafficking convict who had been sentenced to death for possessing over 26.5 grammes of pure heroin.

ADPAN’s posts claimed that Azwan had been subjected to an unjust burden of proof and described the sentencing system in Singapore as arbitrary.

Additionally, the posts accused the Ministry of Home Affairs (MHA) of ignoring legal proceedings in its push to carry out executions and alleged that authorities were harassing Singapore-based anti-death penalty activists.

In its statement on 9 October, the MHA stated that the correction order addressed two major falsehoods: first, the assertion that executions in Singapore are carried out without due legal process, and second, the claim that the government targets, silences, and harasses anti-death penalty groups such as the Transformative Justice Collective.

The ministry emphasised that Singapore takes a strict stance against the deliberate spread of false information, especially when it could undermine public confidence in the nation’s institutions.

According to records, to date, Mr Shanmugam has issued 18 correction directions under POFMA to various individuals, media outlets, and civil society groups on behalf of the MHA and the Ministry of Law.

MHA: Due Legal Process for Azwan Bohari

Addressing the case of Mohammad Azwan Bohari, MHA clarified that Azwan had been afforded legal due process throughout his trial and subsequent appeals.

“An execution will only be scheduled when a prisoner has exhausted all rights of appeal and the clemency process in relation to his or her conviction and sentence. This was so in Azwan’s case,” asserted MHA.

MHA highlighted Azwan’s previous conviction in 2009 for drug trafficking, which led to a five-year prison sentence. He was released in October 2014 but was re-arrested in October 2015 for drug trafficking.

MHA claimed during his trial, although Azwan did not contest ownership of the drugs found in his possession, he denied intending to traffic all of them, claiming half was for personal use.

However, MHA pointed out that under Section 17 of the Misuse of Drugs Act (MDA), possession of more than a specified quantity of drugs is presumed to be for trafficking unless the accused can prove otherwise.

“Even where the Prosecution relies on this presumption, it still bears the legal burden of proving the material elements of the charge beyond a reasonable doubt, i.e., the fact of possession and knowledge (of the nature of the drugs). ”

“The use of such presumptions is only an evidential tool to prove certain elements of an offence after a predicate fact has been proven by the Prosecution. Further, this presumption can be rebutted if the accused person is able to show, on a balance of probabilities, that he or she was not trafficking in drugs.”

Azwan, who was convicted and sentenced on 11 February, 2019, had his appeal dismissed by the Court of Appeal on 24 October, 2019. Further, two clemency bids were unsuccessful. On 12 April, 2024, he was notified that his execution was scheduled for 19 April.

MHA detailed that by the time of his execution notice, Azwan was involved in only one legal proceeding—an application challenging the constitutionality of the Legal Assistance Scheme for Capital Offences (Lasco), a scheme that provides free legal counsel to those facing capital charges.

The ministry emphasised that this application did not request a stay of execution.

It was only on 16 April, three days before his execution, that Azwan submitted a motion for a stay of execution, prompting the Court of Appeal to issue a temporary stay on 17 April while considering the Lasco application.

On 20 May, 2024, the High Court struck down the Lasco application, with the Court of Appeal dismissing a subsequent appeal on 9 September.

On 19 September, Azwan, along with 30 other death row prisoners, filed another civil application challenging specific provisions of the Capital Cases Act 2022.

However, MHA pointed out that this civil matter did not impact Azwan’s conviction or sentence, nor did it request a stay of execution. Azwan received a new execution notice on 30 September, with the date set for 4 October.

Despite filing another last-minute application on 1 October for a stay of execution, the Court of Appeal dismissed it on 3 October.

The court ruled that Azwan’s intended review application had “no prospect of success whatsoever” and found no grounds to challenge the validity of his conviction or sentence.

Allegations of Harassment of Activists

In response to ADPAN’s claims that authorities targeted anti-death penalty activists, including the Transformative Justice Collective, MHA categorically denied these allegations.

The ministry stated that any action taken against activists was in response to the spreading of false information, and was conducted in the public interest to preserve the integrity of the criminal justice system.

The Transformative Justice Collective has been issued several Pofma correction orders for its posts on the death penalty.

MHA argued that these posts cast “serious aspersions” on Singapore’s legal system, posing a risk of eroding public trust in governmental institutions.

The ministry noted that these correction orders did not require the removal or alteration of the original posts, stating, “Readers can still read the falsehoods, and consider the Government’s clarifications alongside it.”

ADPAN has since complied with the correction order by adding a correction notice to the original posts on its Facebook, Instagram, and LinkedIn accounts.

ADPAN’s Response: “We Stand in Solidarity with Human Rights Defenders and Groups on the Ground”

In its latest response, ADPAN highlighted on its Facebook page that it received the POFMA correction order on 9 October at 11 p.m., coinciding with the eve of the World Day Against the Death Penalty.

The Executive Committee of ADPAN stated that it has decided to engage with the order.

“Let it be known that ADPAN stands by its statements, expressions, and opinions which are protected by international human rights law and standards. We stand in solidarity with human rights defenders and groups on the ground.”

ADPAN also reserved the right to issue further statements on the matter.

A coalition of concerned citizens and organisations in Singapore has written to the Minister for Foreign Affairs, Dr Vivian Balakrishnan, urging the government to expedite the formal recognition of the State of Palestine.

This request follows a statement by the Singaporean government on 2 July 2024, expressing its readiness to recognise the Palestinian state “at an appropriate time.”

The coalition believes that such recognition is timely, particularly in light of recent developments and ongoing humanitarian concerns in the region.

The letter highlights the International Court of Justice (ICJ) ruling of 19 July 2024, which declared Israel’s occupation of the Gaza Strip, West Bank, and East Jerusalem as unlawful.

According to the coalition, the ICJ decision reinforces the right of the Palestinian people to self-determination and obliges countries to refuse to recognise any illegal changes to the occupied territories.

They argue that Singapore’s recognition of Palestine would affirm the country’s respect for international law and its commitment to a rules-based global order.

Rationale for Expedited Recognition

The letter outlines several reasons why the coalition believes immediate recognition is necessary.

Firstly, it argues that Singapore’s decision would demonstrate a commitment to upholding international legal norms, especially as Singapore has long advocated for a rules-based international system.

According to the coalition, formal recognition of Palestine would align with the ICJ’s call for the global community to support Palestinian rights and end unlawful occupation practices.

Secondly, the coalition emphasises that Singapore’s recognition of Palestine would strengthen the two-state solution, a framework the country has consistently supported.

They note that negotiations between Israel and Palestine have stalled since 2014, and recent actions, including the Israeli Prime Minister’s presentation of a map excluding the West Bank, have further strained prospects for peaceful dialogue.

The coalition argues that waiting for Israel to return to negotiations should not delay the recognition of Palestine, as ongoing violence in the region underscores the urgency of the issue.

Aligning with Global Consensus

The coalition points out that over 140 countries have already recognised Palestine, suggesting that Singapore’s recognition would align with the global majority.

They argue that this move would position Singapore as a principled advocate for peace and justice, reinforcing its diplomatic standing on the international stage. Moreover, recognising Palestine would demonstrate Singapore’s support for international cooperation, which has been a central aspect of its foreign policy.

Addressing Humanitarian Concerns

The ongoing humanitarian situation in Palestinian territories is another critical aspect highlighted by the coalition.

The letter references ongoing suffering in Gaza and the West Bank, including reports of settler violence and significant civilian casualties. The coalition describes this as a pressing humanitarian crisis, with concerns about potential genocide as raised by both the ICJ and the United Nations Human Rights Council.

By recognising the State of Palestine, the coalition suggests that Singapore would take a stance consistent with its values of human rights, fairness, and equality.

Strengthening Diplomatic Relations

The coalition also believes that the recognition of Palestine could enhance Singapore’s diplomatic and economic relations with Palestine and other nations in the international community.

They assert that this move would underline Singapore’s position as a respected voice in advocating for global peace and human rights. In their view, such a decision would contribute to a broader effort to resolve the Israeli-Palestinian conflict and support regional stability.

Conclusion and Call for Action

In the letter, the coalition expresses confidence that recognising the State of Palestine would bolster Singapore’s reputation as a nation committed to fairness and international law.

They urge the Ministry of Foreign Affairs to act swiftly, given the escalating violence and humanitarian concerns in the region. They believe that the time for action is now, as Singapore’s recent statements and the ICJ ruling provide a clear basis for formal recognition.

Signatories to the letter include several notable organisations, such as the Centre for Interfaith Understanding, Echoes of Gaza, and SG Climate Rally, alongside individual advocates like former People’s Action Party Members of Parliament Zainal Sapari and Dr Intan Azura Mokhtar; former Nominated Members of Parliament Dr Kanwaljit Soin, Anthea Ong, Braema Mathi, Dr Geh Min, and Kok Heng Leun; as well as historian Thum Ping Tjin. The coalition’s appeal underscores a significant segment of Singapore’s civil society advocating for a proactive approach in support of Palestinian statehood.

The letter concludes by urging the Singaporean government to reflect its values of balanced diplomacy and justice in this decision. It requests a prompt plan for recognition, emphasising that such a step would align with Singapore’s longstanding dedication to international peace and the rule of law. The coalition looks forward to a considered response from the Ministry of Foreign Affairs.

146 of the 193 United Nations (UN) member states have recognized the State of Palestine.

Read the Letter to the Minister for Foreign Affairs here.