Execution of Nagaenthran K. Dharmalingam

However, his execution was put on hold due to a moratorium placed on all hangings in Singapore pending judicial changes of the mandatory death penalty laws, which considered and approved the imposition of life imprisonment with or without caning for drug traffickers who were couriers or had mental illnesses.

[22] When the new death penalty laws took effect in January 2013, Nagaenthran applied for re-sentencing on account of clinical intellectual disability and mental illness, and his case was sent back to the original trial judge Chan Seng Onn for review in the High Court.

Despite this, on 24 February 2015, Nagaenthran brought forward the application and tried to ask for mercy based on the conditions of an intellectual disability, low IQ, impaired executive functioning and attention deficit hyperactivity disorder, which would have made him ineligible for the death penalty.

The five judges - Sundaresh Menon, Belinda Ang, Andrew Phang, Judith Prakash, and Chao Hick Tin - held that Nagaenthran may have a low IQ, but his mental responsibility for his offence was not substantially impaired.

Additionally, he was earlier found to have done this with the intention of paying off some of his debts, and his actions were deliberate, calculated and purposeful, which was "the working of a criminal mind" and was able to weigh the benefits and risks, and the concept of right or wrong.

He said the majority of Singaporeans favour the death penalty and it would be good for both sides if drug traffickers were caught by Malaysian authorities, as the offenders could be dealt with according to Malaysia's laws and not have to worry about Singapore's capital punishment.

SPS also stated they will facilitate and help explain the travelling arrangements to any of Nagaenthran's family members on the necessary procedures on quarantine and COVID-19 tests, as well as allowing the family to have extended daily visits with a prolonged duration of a few hours and a maximum of five visitors per visit to curb possible risks of COVID-19 infection within the prison walls, due to Singapore's worsening rate of local transmission within the community (affected by the mutated Delta variant).

[36][37][38] Upon receiving news of the death warrant, Malaysian lawyers and both international and local anti-death penalty activists - including World Coalition Against the Death Penalty, Human Rights Watch, Amnesty International, United Nations Commission on Human Rights, and FIDH - tried to appeal to the Singapore government for clemency, reiterating that Nagaenthran was mentally disabled and should not be hanged for his crime since he could not understand what he was going through, as well as insisting on his innocence.

[38] There were also diplomats sent by the Malaysian embassy to provide consular support for Nagaenthran's family, who arrived in Singapore with the help and funding of abolitionist advocate Kirsten Han and her activist group.

Within a short span of two days, Han and her fellow activists managed to raise more than $14,000 for flights, quarantine hotel rooms and other arrangements, including a funeral, on behalf of Nagaenthran's family.

[53][54] Amnesty International's researcher of Singapore, Rachel Chhoa-Howard, commented on the court verdicts of Naganethran's case where they dismissed his reports of diminished responsibility, "Taking people's lives is a cruel act in itself but to hang a person convicted merely of carrying drugs, amid chilling testimony that he might not even fully understand what is happening to him, is despicable.

[56][57][58] A man was arrested on 4 November 2021 for posting a poster advocating against Nagaenthran's death sentence at a train in Kuala Lumpur, which was classified as an illegal act of public provocation.

[2] On 31 October 2021, Malaysian lawyer Mahajoth Singh had launched a one-man protest against the execution of Nagaenthran in front of the High Commission of the Republic of Singapore in Kuala Lumpur.

Ćerimović also added, "The government's determination to execute a man with an intellectual disability for importing a small amount of drugs is disproportionate and cruel, and deserves global condemnation.

"[90] The Malaysian Bar, together with the Advocates Association of Sarawak and the Sabah Law Society, also activated their efforts to appeal to the Singapore government for clemency to lower Nagaenthran's death sentence to life imprisonment, and they cited that they maintain their respect for Singapore's laws but implored the city-state, on the basis of compassion and humanity, to assess Nagaenthran's mental state to see if he is mentally competent to be hanged due to their concerns of the possible psychological impact that his 11-year death row period had on him.

Deputy Public Prosecutor Wong Woon Kwong described the appeal as a "continuation of a very cynical attempt to abuse the process of the court" and criticized Netto for seeking to suppress the prison's independent medical records.

[125] Earlier in the same month Nagaenthran lost his appeal, a 2021 survey result was publicly revealed and it showed that more than 80% of Singaporeans believed that the death penalty should remain in Singapore due to its deterrent effect and relevance in fighting crime.

[128][129] On 16 April 2022, rights advocate Kokila Annamalai revealed in a Malaysian newspaper that a second clemency appeal submitted by Nagaenthran's family and supporters was rejected by the President of Singapore on 31 March 2022.

It was also revealed that both Datchinamurthy and Nagaenthran were close friends while staying next to each other in neighbouring cells at the death row section of Changi Prison, and both men's mothers bonded due to their loss and common goal to save their sons from execution.

[151] On 25 April 2022, Nagaenthran's mother Panchalai Supermaniam filed a lawsuit against Sundaresh Menon, the current Chief Justice of Singapore, as a final attempt to help her son escape the gallows.

In the lawsuit, which she made with the help of family members, activists and friends, she alleged that Menon was the same attorney general who, prior to his appointment as Chief Justice, prosecuted Nagaenthran and secured his conviction, which she claimed was a move that "blatantly" deprived her son's rights to a fair trial.

Justice Phang added that Nagaenthran did not raise this allegation in his previous appeal the month before, which made the application look like a "calculated attempt" to downplay the finality of the court process.

DPP Wong also urged the court to compel Nagaenthran's mother to disclose the identities of those who played a part in submitting the lawsuit, so as to "stem the continued attacks on the fundamental administration of justice.

[173] The Malaysian government also received calls from related parties to abolish the death penalty in light of Nagaenthran's execution, with PKR leader and deputy chief Jimmy Puah Wee Tse describing it as an irrelevant punishment due to it not being effective in reducing crime.

[191] In response to the United Nations' criticism of Singapore, Ambassador Umej Bhatia defended the government's decisions to execute Nagaenthran and Abdul Kahar Othman, as well as their use of the death penalty on drugs.

Bhatia stated that all criminal proceedings in Singapore were conducted with due process before an "impartial and independent judiciary", and the death penalty would be passed on any suspect if their guilt were proven according to the law.

Bhatia ended off his statement by citing that every country has its sovereign right to determine its own criminal justice system, considering its own circumstances and in accordance with its international law obligations.

[181] With regards to Nagaenthran's case and the abuse of court processes made by Nagaenthran's lawyers, Minister of State for Home Affairs Muhammad Faishal Ibrahim stated that they accepted there were bound to be some liberal citizens harbouring passionate views towards capital punishment but he reiterated that there should be basic respect given to the law and it was unacceptable for individuals to repeatedly launch appeals in an concluded capital case without tangible evidence.

[197] In a May 2022 litigation conference, Chief Justice Sundaresh Menon cited the increasing trend of multiple baseless legal applications made by many inmates against the death penalty, especially Nagaenthran's case where he expressed his concern about the blatant abuse of court processes.

[205] Also, Ravi, who also need to pay S$10,000 and S$12,000 for another two lawsuits separately, remained defiant and unapologetic, stating that he paid a heavy price in saving lives from capital punishment despite the government's condemnation of his errors.

The Woodlands Checkpoint, where Nagaenthran was caught importing heroin as he entered Singapore from Malaysia.
Changi Prison Complex , where Nagaenthran was held on death row
The Supreme Court of Singapore, where Nagaenthran's final appeal was heard by its higher division – known as the Court of Appeal.