Corrections regarding false statements concerning the legal processes for Prisoners Awaiting Capital Punishment and treatment of anti-death penalty activists

The Ministry of Home Affairs (MHA) is aware of falsehoods circulated by the Anti-Death Penalty Asia Network (ADPAN) on Facebook, Instagram and LinkedIn on 3 October 2024, about the legal processes for Prisoners Awaiting Capital Punishment (“PACPs”) in relation to Mohammad Azwan bin Bohari (“Azwan”), and the treatment of anti-death penalty activists.

The Facebook, Instagram and LinkedIn posts make the following false statements:

1. The State carries out executions without regard for due legal process.

2. The Government targets, silences and harasses Transformative Justice Collective (TJC) and other individuals for speaking up against the death penalty.

Facts:

Facts pertaining to Azwan’s case

• Azwan was accorded due legal process.

• Azwan was arrested on 17 October 2015 and underwent trial in the High Court (“HC”) for a capital drug trafficking offence.

• He was convicted after the trial and was sentenced to death on 11 February 2019 for possessing not less than 26.5g of diamorphine for the purpose of trafficking.

• His appeal against his conviction and sentence was dismissed by the Court of Appeal (“CA”) on 24 October 2019.

• He was represented by legal counsel for the trial and the appeal, provided under the Legal Assistance Scheme for Capital Offences (“LASCO”).

• His applications for clemency were denied by the President on 23 March 2020 and on 15 June 2022.

• Since his appeal against conviction and sentence was dismissed in October 2019, Azwan has been a joint applicant with other PACPs in three legal proceedings. All these proceedings were dismissed by the HC and/or CA as they were found to be unmeritorious. In one of these applications, the Court found that the application was an abuse of the court process.

• On 12 April 2024, Azwan was given notice that his execution was scheduled on 19 April 2024. At that point, he was only involved in one pending court application, i.e. HC/OA 306/2024 (“LASCO application”), where he and other PACPs sought a declaration that the policy of not assigning LASCO counsel for post-appeal applications was unconstitutional. The LASCO application did not seek a stay of execution.

• On 16 April 2024, three days before his scheduled execution, Azwan filed a Criminal Motion (“CM 14”) to the CA seeking a stay of execution on the basis that he was involved in the LASCO application. On 17 April 2024, the CA allowed CM 14 and ordered a stay of execution pending the outcome of the LASCO application. The LASCO application was struck out by the HC on 20 May 2024. Azwan and the other PACPs appealed against the HC’s decision and the CA dismissed the appeal on 9 September 2024.

• On 19 September 2024, Azwan together with 30 PACPs filed a fresh application (“OA 972”) challenging the constitutionality of certain provisions introduced under the Post-appeal Applications in Capital Cases Act 2022. OA 972 was a civil application which had no bearing on Azwan’s conviction and sentence. Again, the application in OA 972 did not seek a stay of execution.

• On 30 September 2024, Azwan was given notice that his execution was scheduled on 4 October 2024.
  

• On 1 October 2024, three days before his scheduled execution, Azwan filed another application for a stay of execution (“CM 40”). Azwan’s basis for filing CM 40 was that, amongst other reasons, OA 972 was still pending and he intended to file a “review application” against his conviction after OA 972 had been determined by the Court. On 3 October 2024, the CA dismissed CM 40. In its judgment, the CA found that Azwan’s “intended review application [had] no prospect of success whatsoever and there [was] no basis for the Court to stay his execution to await the outcome in OA 972”.

• Accordingly, Azwan’s execution was carried out on 4 October 2024.

• Executions are only scheduled when a prisoner has exhausted all rights of appeal and the clemency process. This was so in Azwan’s case. After being notified of his execution date on both occasions, he filed last-minute applications to the Court to stay the execution of his sentence – the first in April 2024 (i.e. CM 14) was allowed by the Court and his execution was stayed; the second in October 2024 (i.e. CM 40) was dismissed by the Court. Azwan’s execution was not scheduled without regard for due legal process.

The Government did not target, silence and harass TJC and other individuals for speaking up against the death penalty.

• The Government takes action against organisations and individuals who spread false information (for instance, about the death penalty and its use) where it is in the public interest to do so.

• TJC has been issued with several POFMA Correction Directions (“CDs”) in relation to its false statements about (amongst others) the purported arbitrary laws and processes relating to the death penalty and the implementation. In every one of the cases, the Government had assessed that it was in the public interest to issue the CDs as the false statements cast serious aspersions on the Government and the criminal justice system, and could undermine public confidence in public institutions.

• The CDs issued against TJC simply required them to carry a Correction Notice on the posts containing the falsehoods. There was no requirement for the text of the original posts to be removed or altered. Readers can still read the falsehoods, and consider the Government’s clarifications alongside it. The Government does not, through the use of POFMA or otherwise, silence any organisation or individual for speaking out against the death penalty. The Government only seeks to correct falsehoods.

The Government takes a serious view of the deliberate communication of falsehoods.

The Minister for Home Affairs has instructed the POFMA Office to issue a CD to ADPAN’s Facebook, Instagram and LinkedIn posts. The CD requires ADPAN to insert a Correction Notice against the original post, with a link to the Government’s clarification. We advise members of the public not to speculate and/or spread unverified rumours.