A regional NGO has called for the Home Ministry's intervention to bring death row inmate Nagaenthran K Dharmalingam back to Malaysia as a final bid to save him from execution next Wednesday in Singapore.
Anti-Death Penalty Asia Network (Adpan) submitted a memorandum to the Home Ministry calling on the ministry to engage with its Singaporean counterpart for the prisoner transfer process on humanitarian grounds.
Adpan executive coordinator Dobby Chew said this is the last attempt where it is no longer about the legal process or a clemency appeal but a diplomatic process that the government can take.
"Let's get our people back to us so that we can carry out the sentence in Malaysia.
"If no action is taken, Singapore will undoubtedly carry out the execution of Nagaenthran contrary to their international obligations and international law.
"Nagaenthran had exhausted legal channels (available to him), and his clemency appeal had been denied," he told the media after arriving at Putrajaya to submit the memorandum to Home Minister Hamzah Zainudin.
In its memorandum, Adpan said the prisoner transfer process is allowed under the International Transfer of Prisoners Act 2012 with conditions.
"We are aware of cases where international prisoner transfers have occurred on an ad hoc basis between governments, particularly where there are extenuating circumstances or compelling, compassionate grounds.
"We believe Nagaenthran's case falls into this category and therefore, clearly merits an attempt by the Malaysian government to negotiate with the Singapore government for Nagaenthran to be returned to us and serve his sentence in Malaysia," it said.
Adpan added that there are factors that are given consideration in any international prisoner transfer process, such as humanitarian concerns and international cooperation.
"In Nagaenthran's case, the humanitarian concerns behind his case, such as his intellectual disabilities and mental health issues, make him a prime candidate for the Malaysian government to consider engaging the Singapore government in transferring Nagaenthran back to serve his sentence in Malaysia.
"The key policy considerations for transferring him back to Malaysia fall under the categories of (i) humanitarian concerns; and (ii) law enforcement and international cooperation.
"As he was convicted on the basis of being a drug mule, having him serve his sentence in Malaysia provides an opportunity for further investigations into the drug trafficking syndicate that operates in both countries," it said.
Intellectual disability
Nagaenthran, a 33-year-old Malaysian, has been on death row for more than a decade for trafficking about 42.7g of heroin into Singapore, which has some of the world's toughest narcotics laws.
His lawyers say he has a mild intellectual disability due to his lower-than-average IQ of 69.
Nagaenthran was scheduled to hang on Nov 10 last year but was granted a stay of execution on Nov 8 after his Singaporean lawyer M Ravi filed an 11th-hour constitutional challenge.
Although the Singaporean High Court dismissed the challenge, it allowed an appeal to the Court of Appeal.
The appeal was supposed to be heard in November but was postponed to March this year when Nagaenthran tested positive for Covid-19 on Nov 9.
Nagaenthran's case has garnered significant attention from international media, with particular attention on Singapore's move to execute someone with an intellectual disability.
Founded in Hong Kong 16 years ago, Adpan is an independent cross-regional network that campaigns for an end to the death penalty across Asia and the Pacific. - Mkini
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