Think Centre calls for moratorium on death penalty

Posted by under Breaking News on 16 May 2010

Any humane criminal justice system could not continue to justify the retention of the death penalty based on retribution.

Think Centre Calls for moratorium on death penalty
Sign Petition

Moratorium on the death penalty

We believe any humane criminal justice system could not continue to justify the retention of the death penalty based on retribution. The eradication of the supply of the drugs is important but equally important is the alleviation of the social conditions that encourage would-be traffickers or addicts. The socially excluded young and poor are the most affected and drug addictions is also increasing among the young middle-class, drug-related offenders have formed about 55\% of the prison population. Are we assisting the excluded and young to reintegrate into society or are we disposing them off as rejects?

We believe that the abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights. Article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966 refers to the abolition of the death penalty. International documents have restricted and in some cases even banned the death penalty, calling for the abolition of death penalty.

The Singapore government has ignored the UN Special Rapporteurs recommendation of 1996."The Special Rapporteur wishes to reiterate his call on the Government of Singapore to change its Drug Act so as to bring it into line with international standards. The Special Rapporteur considers that the Misuse of Drug Act, which partially shifts the burden of proof to the accused, does not provide sufficient guarantees for the presumption of innocence and may lead to violations of the right to life when the crime of drug trafficking carries a mandatory death sentence."

"An immutable fact remains that the loss of life is irreversible and judicial error irreparable. A wide range of experts in sciences such as criminology, sociology and psychology have expressed doubts concerning the deterrent effect of capital punishment. Therefore, Governments of countries in which the death penalty is still enforced are urged to deploy every effort that could lead to its abolition, the desirability of which has repeatedly been affirmed by the General Assembly."

Think Centre's call to right to life in connection with capital punishment is guided by the desirability of abolition of the death penalty which has been expressed on numerous occasions by the UN General Assembly, the Human Rights Committee, the Economic and Social Council and Security Council[ in its resolutions 808 (1993) of 22 February 1993 and 955 (1994) of 8 November 1994]

Let us rise above our feelings of fear and vengeance to seek solutions to drug trafficking and crimes that reflect human dignity and promote justice for all. We call on our government, the members of parliament, to abandon the use of death penalty.

In the interim, we endorse a moratorium on the death penalty in Singapore as fair and moral regarding the death penalty. It gives a chance to re-examine both the purpose of the penalty and its perceived effectiveness, and can save the lives of the condemned.

A sentence of life in prison for the most serious offenses would keep us just as safe. We could offer more help and guidance to troubled kids before they turn to drugs and crime. Instead of investing foolishly in vengeance, we ought to be investing wisely in humanityand human dignity.

Death penalty is a practice from the past like torture and slavery which must be rejected by all decent human beings. The death penalty is a inhumane, cruel and degrading punishment. The right to life is the most fundamental of all human rights.

We bring to your attention that in Singapore drug trafficking carries a mandatory death sentence and is inconsistent with the criteria of absolute necessity and proportionality. When a court wrongly sentences a person to death, the result is irreversible.

    THINK CENTRE'S RECOMMENDATIONS
    Consider death penalty moratorium and abolition

    • Where miscarriages of justice have occurred and wrongly convicted and executed - the death sentence is too late for an appeal. "Every punishment, which does not arise from absolute necessity is tyrannical" says Montesquieu.
    • Think Centre campaigns for Moratorium through public education to gather support for the moratorium on death penalty. Legislation should be introduced in parliament to establish a moratorium on executions. Civil Society Organizations should call for moratorium on executions.
    • Think Centre seeks the abolition of the death penalty because it believes that state-sanctioned killing denies the right to life and denies the human capacity for change. In the name of victims' rights the death penalty creates more victims.
    • Rational and Humane approach

      A more rational approach will save more lives. A change in approach to drug-related problem is needed. Statistics indicate that out of 340 people executed between 1991 and 2000, 247 had been convicted of drug trafficking. Drug addiction is disproportionately high among young people coming from broken families, the poor and the unemployed with low education - the excluded people of Singapore. Many of those convicted for drug offense and face the death penalty are poor with lower education. We may still wish to turn the face the other way but the death penalty remains with human mistakes and discrimination. This inhumane practice remains a part of our justice system. Why?

      Think Centre calls to remove the mandatory capital punishment

      • The mandatory death sentence must be removed. The laws have to be changed to permit judicial discretion and fairness for all cases.
      • Under the current practices judges are helpless to do anything about the disproportional number of drug addicts who are young school dropouts, poor and with broken family background. They face heavy sentencing and death.
      • A drug addict or a "runner" could be serving long term prison sentences or sentence to death. Drug addicts are used and abused by traffickers. The police target the drug addict as incidence of crime is higher among addicts.

      Remedies

    • All evidence should be properly disclosed in capital cases - no withholding of evidence - which could lead to wrongful convictions.
    • All detainees should get a fair look at evidence against them to review and rebut the evidence in the course of due process.
    • No secret evidence from informers should be used against detainees. The CNB and police should end the practice of using undisclosed evidence against the addicts.
    • There is a strong need to challenge evidence based on suggestive interviews, expose biased police investigation, and track down evidence withheld by the prosecution.

    Where miscarriages of justice have occurred and wrongly convicted and executed - the death sentence is too late for an appeal.

    Sources and Relevant Links:

    E/CN.4/1997/60/Add.1 COMMISSION ON HUMAN RIGHTS, Fifty-third session, 23 December 1996

    "The Special Rapporteur wishes to reiterate his call on the Government of Singapore to change its Drug Act so as to bring it into line with international standards. The Special Rapporteur considers that the Misuse of Drug Act, which partially shifts the burden of proof to the accused, does not provide sufficient guarantees for the presumption of innocence and may lead to violations of the right to life when the crime of drug trafficking carries a mandatory death sentence." Para. 438

    Think Centre's call to right to life in connection with capital punishment is guided by the desirability of abolition of the death penalty which has been expressed on numerous occasions by the UN General Assembly, the Human Rights Committee, the Economic and Social Council and Security Council[ in its resolutions 808 (1993) of 22 February 1993 and 955 (1994) of 8 November 1994]

    E/CN.4/2004/86 UN quinquennial report on capital punishment: Debate: "Singapore emphasised the lack of clear international consensus on whether the death penalty was a violation of human rights."

    Commission on Human Rights Resolutions 2004/67 Question of the death penalty

    COMMISSION ON HUMAN RIGHTS 50th SESSION SPECIAL RAPPORTEUR's REPORT

    Singapore: para 280 "The UN "Special Rapporteur sent an urgent appeal to the Government after being informed of death sentences imposed on Abdullah A. Rahman, a Malaysian national, and Lim Choon Chye, both reportedly for drug trafficking. In both cases, witnesses were said to have given testimony indicating that the two men were not involved in the crimes for which they had been convicted, but the Court of Appeal allegedly refused to reopen the cases on the grounds of this new evidence (21 July 1994). At the time the present report was finalized, no reply had been received from the Government."

    Para 376 "Reports were also received concerning death sentences imposed after proceedings in which the defendants did not fully benefit from the rights and guarantees for a fair trial contained in the international instruments" Singapore was one of the concern countries named by the rapporteur.

    E/CN.4/1997/60, 24 December 1996 Extrajudicial, summary or arbitrary executions, Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on Human Rights resolution 1996/74

    "118. An immutable fact remains that the loss of life is irreversible and judicial error irreparable. A wide range of experts in sciences such as criminology, sociology and psychology have expressed doubts concerning the deterrent effect of capital punishment. Therefore, Governments of countries in which the death penalty is still enforced are urged to deploy every effort that could lead to its abolition, the desirability of which has repeatedly been affirmed by the General Assembly."


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