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.

The Singapore Prison Service (SPS) has lodged a police report following an accident involving one of its prison transport vehicles, which resulted in damage to the side mirror of a private car. The incident occurred on Tuesday, 8 October 2024, along Simei Street 3, around 9.20am.

According to a statement from SPS released on Facebook on Wednesday afternoon, the transport vehicle was carrying inmates and escorting officers from Changi Prison Complex. The group was on their way to Changi General Hospital (CGH) for medical appointments when the incident occurred.

The accident took place about 400 metres from CGH when the right side of the SPS vehicle came into contact with the left side of a private car travelling in the adjacent lane.

Dashcam footage of the incident, recorded from the affected car, was shared on the Facebook group SG Road Vigilante on Wednesday.

The video shows an object falling onto the road as the SPS vehicle passed by. However, the SPS vehicle did not stop after the collision.

According to the post accompanying the video, the car owner reported hearing a “knocking sound” and subsequently found their left side mirror “slightly damaged.”

In its statement, SPS acknowledged that the driver of the prison transport vehicle did not follow the organisation’s standard operating procedures.

SPS procedures dictate that drivers must stop their vehicle to assess any damage or injuries after an accident. “We regret that our staff in the SPS vehicle had failed to stop the vehicle after the accident,” the agency stated.

Following the incident, SPS reached out to the private car driver involved and assured that it would cooperate fully with the ongoing police investigations.

“We lodged a police report soon after the accident and will co-operate fully with the police on the investigations,” the SPS added.

The Singapore Police Force confirmed with local media that a police report was lodged regarding the incident, and investigations are currently underway. There were no reports of injuries as a result of the accident.

This incident has drawn attention due to the involvement of a government agency and the release of dashcam footage on social media. Online reactions have varied, with some questioning the actions of the SPS vehicle driver and others calling for accountability.

The SG Road Vigilante Facebook group, where the video was shared, is known for highlighting traffic incidents and road safety issues in Singapore. Posts such as these often spark public discussions around road safety and the responsibilities of government-operated vehicles.

SPS, responsible for managing the safe and secure custody of inmates, stressed its commitment to following proper protocols and ensuring the safety of both the public and those under its care.

The agency did not provide further details regarding any disciplinary actions against the driver involved, stating that it would await the outcome of the police investigation before deciding on any further steps.