Everyone must be afforded due process rights, especially those facing the ultimate penalty: execution. The DPP has made extraordinary progress in protecting this most fundamental right in a range of jurisdiction.
Imminent execution of Malaysian national in Singapore
*UPDATE* Prabagaran Srivijayan was executed at 06:00 (Singapore) on Friday 14th July 2017.
In the early hours of Friday morning, 14th July 2017, Singapore will execute Prabagaran Srivijayan, a 29 year old Malaysian male facing the death penalty. His case raises serious fair trial concerns.
We have been involved in this case for a number of years, working with local legal teams in Singapore and Malaysia. Recently, we have been assisting his Malaysian team, in an attempt to compel the Government of Malaysia to intervene in his case.
Prabagaran was convicted of drug trafficking and sentenced to the mandatory death penalty in Singapore in July 2012. He had been found entering the country with 22.24g of diamorphine concealed in a car that he had borrowed from a friend. Srivijayan has always maintained that he had no knowledge that the drugs were in the vehicle and is innocent of the charges against him.
In March 2017, an application for judicial review was made to the High Court of Malaysia on the basis that Malaysia had failed in its responsibilities towards Prabagaran. Malaysia has a duty to take all reasonable steps to protect the rights of its citizens, including by making diplomatic representations on their behalf. The application was dismissed on the 24th March 2017 and a Notice of Appeal was filed a few days later. Despite the fact that Prabagaran’s matter remains pending before the Court of Appeal of Malaysia, his warrant of execution has been read.
A criminal motion seeking an emergency stay of execution was filed in the Court of Appeal of Singapore last night in an attempt to postpone the execution until the Malaysian Court of Appeal has delivered its judgment. Regrettably, this was denied. His execution has been scheduled for tomorrow morning.
Parvais Jabbar, Co-Executive Director of the DPP, says:
“We are deeply disappointed to hear that Mr Srivijayan’s application for a stay of execution has been refused and his execution scheduled whilst he still has an appeal pending before the courts in Malaysia. Mr Srivijayan, as a Malaysian citizen, sought to exercise his rights in the Malaysian Courts to seek his Government’s intervention on his behalf. The stay of execution was sought to allow time for the Appellant to exhaust all his available remedies. The proceedings before the Malaysian Court of Appeal are still in process. Awaiting the final decision, on important issues concerning international law rights to a fair trial, in no way prejudices the Government of Singapore. Moreover, executing him before the completion of his appeal in Malaysia renders any future judgment nugatory.”
Note to Editors
Mr Choo Zheng Xi and Ms Priscilla Chia, of Messrs Peter Low & Choo LLC, represented Prabagaran Srivijayan in his application for a stay of execution.
The Death Penalty Project has also provided assistance to N. Surendran (Edwin, Lim & Suren Advocates & Solictors), and Raul Bhaskaran (Daim & Gamany Advocates & Solictors), the Malaysian legal team in this case, and Eugene Thuraisingam LLP and M.Ravi, the Singaporean legal team in this case. Ben Cooper, Doughty Street Chambers, was instructed pro bono.
Related media articles:
Singapore executes Malaysian for drug trafficking, Channel News Asia, 14 July 2017
Malaysian Prabagaran executed in Singapore, The Star Online, 14 July 2017
Indian-Origin Man Executed For Trafficking Drugs In Singapore, NDTV, 14 July 2017
The Death Penalty Project's oral statement, delivered to the 36th Session of the Human Rights ... Read more
Privy Council holds Presidential commutation can remedy breach of Constitutional rights, but process must be fairJuly 2017
Today, the Judicial Committee of the Privy Council in London delivered judgment in the appeal ... Read more
*UPDATE* Prabagaran Srivijayan was executed at 06:00 (Singapore) on Friday 14th July 2017. In the ... Read more
Legal provision restricting the right to appeal in death penalty cases struck down as a denial of due processJune 2017
In a judgment delivered today, the Privy Council has found unconstitutional a law excluding death ... Read more