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Factually
Corrections and Clarifications

Corrections regarding false statements concerning treatment of prisoners awaiting capital punishment (PACPs) made on 6 Aug 2024

11 August 2024

False statements concerning treatment of prisoners awaiting capital punishment (PACPs)

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The Ministry of Home Affairs is aware of the following publications that contain false statements of fact concerning the treatment of prisoners awaiting capital punishment (“PACPs”):

  • Transformative Justice Collective’s (TJC) Facebook, Instagram and X (formerly known as Twitter) posts on 6 August 2024 (“TJC’s FB, IG and X posts”); and

  • Julie O’Connor’s LinkedIn post on 6 August 2024.

These publications contain the following false statements:

  • The executions of two Singaporean death row prisoners on 2 and 7 August 2024 were scheduled without regard for due legal process.

  • The State uses capital punishment to arbitrarily decide whether people live or die.

Facts:

Facts in relation to the first false statement

  • The PACPs referred to in these posts were afforded due legal process.

  • In respect of the PACP executed on 2 August 2024, an earlier Factually article dated 8 August 2024 at https://www.factually.gov.sg/corrections-and-clarifications/factually080824/ has detailed the relevant facts relating to him, in particular, that he was afforded due legal process.

  • The PACP executed on 7 August 2024 (the “2nd PACP”) was similarly afforded due legal process.

  • The 2nd PACP was arrested on 24 October 2017 and underwent trial in the High Court in 2019 and 2021. The High Court considered the evidence adduced at trial and the arguments put forth by the Prosecution and the 2nd PACP’s lawyers. He was convicted after the trial and was sentenced to death on 10 August 2021. His appeal against his conviction and sentence was dismissed by the Court of Appeal (“CA”) on 11 May 2022.

  • The 2nd PACP’s application for clemency was denied by the President on 14 October 2022 and again on 22 November 2022 (when another clemency petition was submitted on his behalf).

  • On 3 December 2022, the 2nd PACP filed a legal application for permission to review the CA’s decision to dismiss his appeal against his conviction and sentence. This application was summarily dismissed by the CA on 28 February 2023.

  • The 2nd PACP was also a joint applicant with other PACPs in one other legal application which was dismissed by the CA on 27 March 2024. The CA found that the application amounted to an abuse of the court’s process.

  • On 31 July 2024, the 2nd PACP was given notice that his execution was to take place on 7 August 2024. As at the date of the execution notice, the 2nd PACP had one pending civil appeal (jointly with other PACPs).

  • On 5 August 2024, the 2nd PACP filed a Notice of Withdrawal of Appeal in respect of the civil appeal, which was accepted on the same day by the Court. As such, there were no ongoing legal proceedings involving the 2nd PACP when his execution was carried out on 7 August 2024.

Facts in relation to the second false statement

  • Laws in Singapore, including those relating to the death penalty, are considered and enacted by the Legislature (consisting of the Parliament and the President), according to proper legal process. Any law that is sought to be introduced or amended must go through the Parliamentary process and be assented to by the President, before it becomes law. Our laws are not made arbitrarily.

  • The criminal justice system in Singapore requires every accused person facing a capital charge to go through a full trial, where evidence is considered by the Court before it decides whether to convict the accused person and impose the capital sentence.

  • All persons in Singapore are subject to the law. If they choose to traffic drugs in Singapore, they will face the penalty according to the law. This penalty is the death sentence if they traffic drugs in quantities above the capital sentence threshold.

  • Our laws are not enforced arbitrarily.

The false statements could erode public trust in the Singapore Government and the Judiciary.

The Minister for Home Affairs has instructed the Protection from Online Falsehoods and Manipulation Act (“POFMA”) Office to issue a POFMA Correction Direction for TJC’s FB, IG and X posts; and for a Targeted Correction Direction to be issued to Linkedln. The Correction Direction requires recipients to insert a notice against the original post, with a link to the Government’s clarification. Linkedln will also be required to place a correction notice on the LinkedIn post by Julie O'Connor. We advise members of the public not to speculate and/or spread unverified rumours.

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