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Singapore's controversial death penalty

by Sukrit Sabhlok

Created on: April 06, 2008   Last Updated: April 07, 2008

Singapore is a nation estimated to have the highest per capita rate of executions in the world, according to Amnesty International, and over 400 people have been hanged since 1991. The government justifies its position by citing low crime rates and the need to maintain "public order" among a population of 4.6 million. However, some commentators argue the ruling People's Action Party (PAP) has compromised basic tenets of a fair justice system.

This report provides a general overview of Singapore's usage of the death penalty. It examines political circumstances as well as community and media views. There is also a brief evaluation of the procedural and efficacy concerns surrounding the death penalty.

WHAT OFFENCES ATTRACT CAPITAL PUNISHMENT?

Penal Code

There are two offences under the Penal Code for which a mandatory death sentence applies. These are murder (s 302) and endangering a person's life during an act of piracy (s 130B).

There are nine other offences where a court can apply the death penalty at its discretion: waging or attempting to wage war against the government (s 121); offences against the President's person (s 121A); abetment of mutiny if mutiny is a consequence thereof (s 132); fabricating false evidence leading to the conviction and execution of an innocent person (s 194); abetting the suicide of a child or "insane" person (s 305); attempted murder in prison, if offender was imprisoned for life and hurt is caused (s 307); kidnapping in order to commit murder (s 364); kidnapping in order to extort the government (s 364A); and, gang robbery with murder (s 396).

Some of these offences could be considered vaguely defined crimes against the State' that have no place in a fair justice system. Yet, the Penal Code provisions are not unusual among countries that still retain the death penalty. Where Singapore stands clearly in the minority however, is in imposing mandatory capital punishment for non-violent crimes. It is to these offences that we now turn.

Drug Offences

The Misuse of Drugs Act is responsible for the majority of executions that occur in Singapore. The Act mandates a death sentence for 20 different non-violent offences.

A person found guilty of trafficking more than 1200 grams of opium containing more than 30 grams of morphine; any amount of controlled drug (except opium) containing more than 30 grams of morphine; more than 15 grams of heroin; more than 30 grams of cocaine; more than 500 grams of cannabis; more than 1000 grams of cannabis mixture;

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