Latest news with #PannirSelvamPranthaman
The Sun
4 days ago
- Politics
- The Sun
Singapore court delays judgement on Pannir Selvam's execution appeal
SINGAPORE: The Singapore Court of Appeal has reserved its judgement on Malaysian death-row inmate Pannir Selvam Pranthaman's post-appeal application. The decision follows a second hearing held on Wednesday, where the Ministry of Home Affairs' execution scheduling policy was closely examined. Pannir Selvam's legal team argued that the policy was applied unequally, violating his constitutional right to equal treatment. Chief Justice Sundaresh Menon clarified that Article 12 of the Constitution does not prevent policy changes but ensures they are not unfairly discriminatory. His lawyers contended that the MHA failed to justify why delays in executions were only granted for state-led cases, not private legal proceedings. Deputy Senior State Counsel Terrence Chua defended the policy, stating state proceedings serve public interest, unlike individual cases. The court noted that if the policy creates unfair distinctions without rational basis, it could breach Article 12. After over an hour of arguments, the bench reserved its decision, leaving Pannir Selvam's fate pending. Dressed in a purple prison uniform, Pannir Selvam remained composed as his siblings watched from the public gallery. He was convicted in 2017 for trafficking 51.84g of diamorphine and sentenced to mandatory death. Despite multiple appeals and clemency petitions, his execution was scheduled twice, in 2019 and 2025. The latest stay was granted under Singapore's PACC Act, allowing post-appeal applications for capital cases. - Bernama
Malaysiakini
4 days ago
- Politics
- Malaysiakini
S'pore court reserves judgment on Pannir's post-appeal application
Malaysian death row inmate Pannir Selvam Pranthaman gained a reprieve when the Singapore Court of Appeal reserved its judgment, following the second hearing on his post-appeal application held on Wednesday. The Singapore Ministry of Home Affairs' policy on the scheduling of executions came under scrutiny during the proceedings, as Pannir's counsel and the Attorney-General's Chambers addressed the content of affidavits they submitted after the first hearing on May 7.
New Straits Times
5 days ago
- Politics
- New Straits Times
Singapore court reserves judgement on Pannir Selvam's post-appeal application
SINGAPORE: Malaysian death-row inmate Pannir Selvam Pranthaman gained reprieve when the Singapore Court of Appeal reserved its judgment, following the second hearing on his post-appeal application held on Wednesday. The Singapore Ministry of Home Affairs' (MHA) policy on the scheduling of executions came under scrutiny during the proceedings, as Pannir Selvam's counsel and the Attorney-General's Chambers addressed the content of affidavits they submitted after the first hearing on May 7. At the initial hearing, the court observed that Pannir Selvam's request for a stay of execution, pending the conclusion of disciplinary proceedings arising from his complaint to the Law Society, rested fundamentally on the principle that the MHA's policy on execution scheduling must be applied equally to all. His lawyers argued that the MHA policy applied to him differs from an earlier policy, thereby violating his right to equal treatment under Article 12 of the Constitution. On this, Chief Justice Sundaresh Menon, who led the five-man bench, stated that Article 12 does not prohibit a state agency from changing its policy. "Article 12 applies by looking at the current legislation, the current statute, or the current policy, and asking yourself whether that policy is being applied in a way that is unfairly discriminatory," he said. Pannir Selvam's counsel further argued that the MHA had not provided an explanation for the differing application of its policy between state and non-state proceedings. In their submission, his counsel team argued that the MHA's approach to preserving a prisoner's life had changed. Previously, executions could be delayed if a prisoner's testimony was needed in any legal case. Now, the MHA says delays are only considered if the testimony is needed in a state-led case. "There have been no reasons provided by the MHA as to why this differential treatment between a state and a non-state proceeding is reasonable," said counsel Ng Yuan Siang. In response, Deputy Senior State Counsel Terrence Chua said the distinction exists because state-brought proceedings are, by definition, in the public interest. "It goes beyond the interest of an individual PACP (prisoner awaiting capital punishment), whereas the PACP cannot claim to represent public interest in their private applications. "But even then, I pointed out in my affidavit that state-brought applications are still assessed on a case-by-case basis," he said. The court responded by saying that if the applicant can show that the policy can give rise to an unfair distinction between two categories of persons between whom there is no rational difference, he may be entitled to a finding that the policy offends Article 12. The proceedings, which lasted over an hour, ended with Chief Justice Menon stating that the Court would reserve its judgment. Seated in the dock wearing a purple-coloured prison uniform, Pannir Selvam appeared calm throughout the proceedings in a packed courtroom, which was also attended by his siblings who had arrived from Malaysia earlier in the day. The hearing marks the latest chapter in Pannir Selvam's ongoing legal battle against his death sentence. He was convicted by the High Court on May 2, 2017, for importing not less than 51.84g of diamorphine into Singapore and was sentenced to the mandatory death penalty. Pannir Selvam filed an appeal, but it was dismissed by the Court of Appeal on Feb 9, 2018. Together with his family and legal team, he submitted petitions for clemency to the President of Singapore, who subsequently declined to commute the sentence. Pannir Selvam and his family were informed that he would be executed on May 24, 2019. He then filed another application to the Court of Appeal, seeking a stay of execution on the grounds that he intended to challenge both the rejection of his clemency petition and the Public Prosecutor's decision not to issue a Certificate of Substantial Assistance (CSA). The court granted this application on May 23, 2019. Following this, he filed several other judicial review applications. Pannir Selvam received another notice of execution on Feb 16, 2025, for a scheduled execution on Feb 20. He then filed for permission to make a Post-Appeal Application in a Capital Case (PACC), seeking a stay of execution, which was granted on Feb 19. Judge of the Appellate Division Woo Bih Li, in his written judgment, stated that the stay was granted pending the determination of his PACC application. Singapore's PACC Act, which came into effect on June 28, 2024, allows prisoners awaiting capital punishment to make post-appeal applications, which can only be heard by the Court of Appeal. – Bernama
The Sun
04-06-2025
- Health
- The Sun
Protect coerced drug mules
MALAYSIA is facing a pressing human rights and legal crisis. We see a growing number of citizens being exploited by international drug syndicates as couriers and many are ending up on death row in foreign countries. From 2021 to 2023, 77 Malaysians were arrested overseas for drug trafficking. In 2023 alone, 28 individuals were detained in various countries including the UK, France, China and the Maldives. As of early 2024, 74 Malaysians were reported to be on death row abroad, convicted for transporting narcotics across borders, often under circumstances that suggest coercion or deception. The majority were not hardened criminals but individuals lured by false job offers, online romance scams or the promise of quick money. Syndicates have used social media platforms to offer payments of RM5,000 to RM10,000 per trip to smuggle drugs, exploiting economic desperation and emotional vulnerability. In early 2024, British authorities noted a threefold increase in cannabis seizures at Scottish airports involving Malaysians, underscoring the scale of the problem. Closer to home, the Johor Bahru–Singapore trafficking corridor has become a known route for cross-border smuggling. In one high-profile case, Pannir Selvam Pranthaman was convicted in Singapore in 2017 for trafficking over 50g of diamorphine. He has consistently maintained he was unaware the parcel he was carrying contained drugs and alleged he was coerced by a trafficker known as 'Anand'. The late Kalwant Singh, executed in 2022, similarly claimed he was forced into transporting narcotics by an individual identified only as 'Anna'. These cases reveal a deeper systemic flaw as drug syndicates exploit loopholes in Malaysia's legal framework and take advantage of jurisdictional boundaries that restrict foreign authorities such as Singapore from investigating trafficking operations within Malaysian territory. Despite the clear patterns of coercion and manipulation, Malaysia's current legal structure provides little to no protection for individuals caught in these scenarios. While the Penal Code does include defences such as duress/threat (s.94) and mistake of fact (s.76), these provisions are narrowly defined and often inapplicable in complex trafficking cases involving psychological pressure or deceit. More critically, section 25 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Atipsom) only grants immunity to victims for immigration-related offences, not for more serious crimes like drug trafficking, even when such acts were committed under coercion. This legal gap is at odds with international norms. Malaysia is a signatory to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol), which promotes a victim-centred approach and the principle of non-punishment. This means victims should not be penalised for crimes committed as a direct consequence of their exploitation. Countries such as the UK have already translated this into domestic law through provisions in the Modern Slavery Act 2015, which provide statutory defences for trafficked persons compelled to commit offences. Malaysia, however, has yet to adopt similar legal safeguards. Without legislative reform, the government risks compounding the harm faced by victims. Malaysians who are prosecuted abroad often lack adequate consular assistance, legal representation or mechanisms for proper victim identification. The absence of guidelines or institutional support means that many are misclassified as criminals and denied access to justice, despite strong indicators of coercion. This reflects not only a failure of protection but a fundamental failure of principle. Atipsom must be amended to include broader immunity provisions for victims of trafficking who are coerced into committing serious offences. Section 94 of the Penal Code, which governs duress, should also be revised to recognise psychological coercion and manipulation. Additionally, law enforcement, prosecutors and consular officers must be trained to identify and support potential victims of forced criminality. Malaysia must also strengthen bilateral cooperation with destination countries to ensure the fair treatment, repatriation and rehabilitation of its citizens who have been exploited. Diplomatic intervention is crucial in cases where victims face the death penalty or life imprisonment without the opportunity to raise a defence. The time has come for Malaysia to move beyond a punitive approach and adopt a rights-based, victim-focused framework that reflects our international obligations and national conscience. Those coerced into crime should not be punished. Dr Haezreena Begum Abdul Hamid is a criminologist and senior lecturer at the Faculty of Law, University of Malaya.
Malay Mail
31-05-2025
- Health
- Malay Mail
Drug mules or victims? Confronting the legal dilemma of forced criminality — Haezreena Begum Abdul Hamid
MAY 31 — Malaysia is facing a pressing human rights and legal crisis. We see a growing number of citizens being exploited by international drug syndicates as couriers, and many are ending up on death row in foreign countries. From 2021 to 2023, 77 Malaysians were arrested overseas for drug trafficking. In 2023 alone, 28 individuals were detained in various countries including the United Kingdom, France, China and the Maldives. As of early 2024, 74 Malaysians are reported to be on death row abroad, convicted for transporting narcotics across borders — often under circumstances that suggest coercion or deception. The majority were not hardened criminals, but individuals lured by false job offers, online romance scams, or the promise of quick money. Syndicates have used social media platforms to offer payments of RM5,000 to RM10,000 per trip to smuggle drugs, exploiting economic desperation and emotional vulnerability. In early 2024, British authorities noted a threefold increase in cannabis seizures at Scottish airports involving Malaysians, underscoring the scale of the problem. Closer to home, the Johor Bahru–Singapore trafficking corridor has become a known route for cross-border smuggling. In one high-profile case, Pannir Selvam Pranthaman was convicted in Singapore in 2017 for trafficking over 50 grams of diamorphine. He has consistently maintained he was unaware the parcel he was carrying contained drugs and alleged he was coerced by a trafficker known as 'Anand.' The late Kalwant Singh, executed in 2022, similarly claimed he was forced into transporting narcotics by an individual identified only as 'Anna.' These cases reveal a deeper systemic flaw, as drug syndicates exploit loopholes in Malaysia's legal framework and take advantage of jurisdictional boundaries that restrict foreign authorities such as Singapore from investigating trafficking operations within Malaysian territory. Despite the clear patterns of coercion and manipulation, Malaysia's current legal structure provides little to no protection for individuals caught in these scenarios. While the Penal Code does include defences such as duress/threat (s.94) and mistake of fact (s.76), these provisions are narrowly defined and often inapplicable in complex trafficking cases involving psychological pressure or deceit. More critically, Section 25 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM) only grants immunity to victims for immigration-related offences — not for more serious crimes like drug trafficking, even when such acts were committed under coercion. Drug syndicates exploit loopholes in Malaysia's legal framework and take advantage of jurisdictional boundaries. — Unsplash pic This legal gap is at odds with international norms. Malaysia is a signatory to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol), which promotes a victim-centred approach and the principle of non-punishment — meaning victims should not be penalised for crimes committed as a direct consequence of their exploitation. Countries such as the United Kingdom have already translated this into domestic law through provisions in the Modern Slavery Act 2015, which provide statutory defences for trafficked persons compelled to commit offences. Malaysia, however, has yet to adopt similar legal safeguards. Without legislative reform, the government risks compounding the harm faced by victims. Trafficked Malaysians who are prosecuted abroad often lack adequate consular assistance, legal representation, or mechanisms for proper victim identification. The absence of guidelines or institutional support means that many are misclassified as criminals and denied access to justice, despite strong indicators of coercion. This reflects not only a failure of protection, but a fundamental failure of principle. Moving forward, ATIPSOM must be amended to include broader immunity provisions for victims of trafficking who are coerced into committing serious offences. Section 94 of the Penal Code, which governs duress, should also be revised to recognise psychological coercion and economic manipulation. Additionally, law enforcement, prosecutors, and consular officers must be trained to identify and support potential victims of forced criminality, particularly in cross-border contexts. Malaysia must also strengthen bilateral cooperation with destination countries to ensure the fair treatment, repatriation, and rehabilitation of its citizens who have been exploited by syndicates. Diplomatic intervention is crucial in cases where victims face the death penalty or life imprisonment without the opportunity to raise a trafficking defence. The time has come for Malaysia to move beyond a punitive approach and adopt a rights-based, victim-focused framework that reflects our international obligations and national conscience. Those coerced into crime should not be punished for their own victimisation. * Dr Haezreena Begum Abdul Hamid is a Criminologist and Senior Lecturer at the Faculty of Law, University of Malaya. ** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
