Singapore (CU)_ According to the London-based rights organization, international law and norms prohibit the introduction of obligatory death sentences because they preclude judges from considering mitigating circumstances. Additionally, international law and norms dictate that the death sentence be limited for the most heinous offenses such as deliberate murders.
Amid the global outrage, Singapore executed the Malaysian of Indian ancestry who was convicted of drug smuggling. His request for mercy on the grounds that he was mentally impaired was rejected by the court. According to media reports, Nagaenthran K Dharmalingam was found guilty and was given a death sentence in November 2010 for trafficking 42.72 grams of diamorphine (heroin) into Singapore in April 2009.
In July 2011, Nagaenthran’s conviction and death sentence were confirmed. However, his medical specialists discovered that he had borderline functional IQ and concurrent cognitive impairments, which may have contributed to his misguided loyalty and inadequate appraisal of the risks associated with deciding to commit the offense.
The Court of Appeal disregarded the argument, saying, “His alleged deficiency in assessing risks might have made him more prone to engage in risky behavior; that, however, does not in any way diminish his culpability.” Erwin van der Borght, Amnesty International’s Asia-Pacific Regional Director, responded to Malaysian national Nagaenthran Dharmalingam’s execution in Singapore, saying, “The execution of Nagaenthran is a disgraceful act by the Singapore government – ruthlessly carried out despite extensive protests in Singapore and Malaysia and an outcry across the world.”
Borght added, “Nagaenthran’s hanging highlights the deep flaws of the death penalty in Singapore and the horror of its continued use. He was executed after he was sentenced to the mandatory death penalty for drug trafficking, amid concerns about his mental health state and despite having a diagnosed intellectual disability – in violation of international law and standards”.
