Singapore court reserves ruling over appeal of disabled man on death row

Activists hold placards before submitting a memorandum to parliament in protest of the impending execution of Nagaenthran K. Dharmalingam, sentenced to death for trafficking heroin into Singapore, in Kuala Lumpur. (AFP)
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Updated 02 March 2022
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Singapore court reserves ruling over appeal of disabled man on death row

  • Nagaenthran K. Dharmalingam arrested in 2009 for trafficking nearly 43 grams of heroin into Singapore
  • Malaysia’s highest officials have pleaded with Singaporean government to grant him clemency

KUALA LUMPUR: The Singapore Court of Appeal on Tuesday reserved a ruling on Nagaenthran K. Dharmalingam, a Malaysian national on death row, in a case that has drawn international attention over the man’s mental disability.

The 34-year-old was arrested in 2009 for trafficking nearly 43 grams of heroin into Singapore, which has some of the world’s strictest anti-drug laws. He was sentenced to death in 2010.

After losing several appeals, Dharmalingam was to be executed by hanging in November. The execution was stayed amid pressure from international rights groups, Malaysia’s prime minister, and the EU, as the defense filed another appeal.

During Tuesday’s proceedings, Dharmalingam’s Singaporean counsel, Violet Netto, pleaded with the judges to show “mercy” and allow him to undergo an independent psychiatric assessment.

His Malaysian lawyer, N. Surendran, told Arab News that the judgment was likely to be “in the upcoming days.”

He said: “The lawyers put up a good submission. Of course, you can’t execute someone who is mentally challenged. (It’s) a total breach of Singapore’s procedures and own law.

“We hope they make the right decision and not proceed with the execution,” he added.

Dharmalingam was allegedly coerced into the crime and his lawyers argued that with an IQ of 69 — a level recognized as a disability — he is not capable of making any intellectual decision. He was arrested at 21, after the bundle of heroin equivalent to about three tablespoons was found strapped to his thigh.

The case put a spotlight on Singapore’s use of capital punishment, which triggered international condemnation. If Dharmalingam was hanged, it would be the first execution in Singapore since 2019.

An online petition urging the Singaporean president to pardon Dharmalingam has gathered more than 101,000 signatures, with petitioners highlighting that executing mentally disabled people was prohibited under a UN convention the country was a signatory of.

Zaid Malek of Lawyers for Liberty, a Malaysian human rights and law reform NGO, which has also urged Singapore to reconsider its decision, told Arab News that capital punishment for mentally disabled people was against international human rights.

“We hope for the (Singapore Courts) to have a proper consideration of Dharmalingam’s current mental state,” he said.

“Our position is that a person with mental disabilities cannot be sentenced to death.”


Hundreds march in silence to honor victims of Swiss bar fire that left 40 dead

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Hundreds march in silence to honor victims of Swiss bar fire that left 40 dead

CRANS-MONTANA: Hundreds marched in silence Sunday to honor the victims of the New Year’s Eve fire at a bar in the Swiss Alpine resort of Crans-Montana, which left 40 dead and many severely injured.
Somber mourners, many with reddened eyes, filed silently out of the chapel to organ music after the hourlong Mass at the Chapelle Saint-Christophe in Crans-Montana. Some exchanged hugs, others applauded, before joining the silent march up the hill to Le Constellation bar.
Many hundreds of people, some cradling flower bouquets, walked in the dense snaking procession in the bright sunlight past shuttered stores. Up on the mountain overlooking the town, snow machines sent plumes of white flakes into the air.
At the top of the street, in front of Le Constellation that is still largely shielded from view by white screens, the swelling crowd stood in near total silence, some weeping. Then they broke out into sustained applause — hands in gloves and mittens against the cold — as a stream of mourners and well-wishers deposited flower bouquets at a makeshift memorial piled with flowers, cuddly toys and other tributes.
“We are going through a moment of crushing darkness but we are going through it together,” one speaker said.
During the Mass, the Rev. Gilles Cavin spoke of the “terrible uncertainty” for families unsure if their loved ones are among the dead or still alive among the injured. “We pray for their friends hard hit by misery on this day that was meant to be one of festivities and friendship,” he said.
In the crowded pews, a grieving woman listened intently, her hands clasped tightly and sometimes clasping rosary beads, as speakers delivered readings in German, French and Italian.
Forty people died and 119 were injured in the blaze that broke out around 1:30 a.m. on Thursday at Le Constellation bar. Police have said many of the victims were in their teens to mid-20s.
By Sunday morning, Swiss authorities identified 24 out of the 40 fatalities. They include 18 Swiss citizens aged 14 to 31 years, two Italians 16 years old, one dual citizen of Italy and the United Arab Emirates also 16 years old, an 18-year-old Romanian, a 39-year-old French and a Turkish citizen, 18.
A grieving mother
One of the victims was 16-year old Arthur Brodard, whose mother had been frantically searching for him.
“Our Arthur has now left to party in paradise,” a visibly shaken Laetitia Brodard said in a Facebook story posted on Saturday night, speaking to camera. “We can start our mourning, knowing that he is in peace and in the light.”
Brodard’s frenzied search for her son reflected the desperation of families of the young people disappeared during the fire, who did not know whether their loved ones were dead or in the hospital.
Swiss authorities said the process of identifying victims was particularly hard because of the advanced degree of the burns, requiring the use of DNA samples. Brodard also had given her DNA sample to help in the identification process.
In her Facebook post, Brodard thanked those who “testified their compassion, their love” and to those who shared information as she anxiously searched and waited for news of her son. Other parents and siblings are still waiting in anguish.
Bar managers face a criminal investigation
Swiss authorities have opened a criminal investigation of the bar managers.
The two are suspected of involuntary homicide, involuntary bodily harm and involuntarily causing a fire, the Valais region’s chief prosecutor, Beatrice Pilloud, told reporters Saturday. The announcement of the investigation did not name the managers.
Investigators said Friday they believe sparkling candles atop Champagne bottles ignited the fire when they came too close to the ceiling of the crowded bar.
Authorities planned to look into whether sound-dampening material on the ceiling conformed with regulations and whether the candles were permitted for use in the bar. Officials said they also would look at other safety measures on the premises, including fire extinguishers and escape routes.
Swiss President Guy Parmelin announced a national day of mourning for the victims on Jan. 9.
France’s Health Minister Stéphanie Rist said 17 patients have received care in France, out of a total of 35 transferred from Switzerland to five European countries. Other patients were planned to be transferred to Germany, Italy and Belgium.