Malaysian government must support commutation of death sentence of Pannir Selvam in Singapore

Malaysian government must support commutation of death sentence of Pannir Selvam in Singapore

Pannir Selvam is one of several Malaysian nationals currently on death row in Singapore. In 2017, aged 29, he was sentenced to the mandatory death penalty for importing just over 50g of diamorphine (heroin) – an offence that does not meet the threshold of the “most serious crimes” to which the use of the death penalty must be restricted under international law and standards. Singapore is one of five countries where Amnesty International confirmed drug related executions in 2023.

Pannir's case has been riddled with several violations of international human rights law and standards. The death penalty was imposed as the mandatory sentence, which meant that the judge could not take into account the particular circumstances of the offence or of his background. The judge found that Pannir had acted as a “courier” as he only transported the drugs. However, the Prosecution did not provide him with a Certificate of Substantial Assistance, leaving no option to the judge but to impose the mandatory sentence of hanging. This process violates the right to a fair trial, as it placed the decision between a life-or-death sentence in the hands of an official who is not a neutral party in the trial and should not have such powers and breaks down the clear separation that must exist between prosecution and court.

Additionally, the conviction was reached with reliance on legal presumption of knowledge of the drugs under the Misuse of Drugs Act. When these legal presumptions are invoked, the burden of proof is shifted onto the defendant to be rebutted to the higher legal standard of “on a balance of probabilities”. Legal presumptions of guilt violate the right to be presumed innocent –a peremptory norm of customary international law – and other fair trial guarantees under international human rights law that mandate that the burden of proving the charge rests on the prosecution.

Seven years on, Pannir remains on death row. He may become at imminent risk once his judicial recourse is exhausted.

What can you do to help?

Sign the petition and call on the Minister of Foreign Affairs of Malaysia to intervene to secure the commutation of the death sentence imposed on Malaysian national Pannir Selvam and others facing execution in Singapore.

Pannir Selvam is one of several Malaysian nationals currently on death row in Singapore. In 2017, aged 29, he was sentenced to the mandatory death penalty for importing just over 50g of diamorphine (heroin) – an offence that does not meet the threshold of the “most serious crimes” to which the use of the death penalty must be restricted under international law and standards. Singapore is one of five countries where Amnesty International confirmed drug related executions in 2023.

Pannir's case has been riddled with several violations of international human rights law and standards. The death penalty was imposed as the mandatory sentence, which meant that the judge could not take into account the particular circumstances of the offence or of his background. The judge found that Pannir had acted as a “courier” as he only transported the drugs. However, the Prosecution did not provide him with a Certificate of Substantial Assistance, leaving no option to the judge but to impose the mandatory sentence of hanging. This process violates the right to a fair trial, as it placed the decision between a life-or-death sentence in the hands of an official who is not a neutral party in the trial and should not have such powers and breaks down the clear separation that must exist between prosecution and court.

Additionally, the conviction was reached with reliance on legal presumption of knowledge of the drugs under the Misuse of Drugs Act. When these legal presumptions are invoked, the burden of proof is shifted onto the defendant to be rebutted to the higher legal standard of “on a balance of probabilities”. Legal presumptions of guilt violate the right to be presumed innocent –a peremptory norm of customary international law – and other fair trial guarantees under international human rights law that mandate that the burden of proving the charge rests on the prosecution.

Seven years on, Pannir remains on death row. He may become at imminent risk once his judicial recourse is exhausted.

What can you do to help?

Sign the petition and call on the Minister of Foreign Affairs of Malaysia to intervene to secure the commutation of the death sentence imposed on Malaysian national Pannir Selvam and others facing execution in Singapore.

Malaysian government must support commutation of death sentence of Pannir Selvam in Singapore

Dear Minister,

I urge you to intervene to secure the commutation of the death sentence imposed in Singapore on Malaysian national Pannir Selvam.

In 2017, the judge found that Pannir Selvam acted as a “courier” to import 51.48g of diamorphine. However, the prosecution did not certify that he had assisted the authorities and the judge had to impose the mandatory death penalty. The death penalty for drug related offences and its mandatory imposition violate international human rights law and standards.

I urge you to help Pannir and others facing execution in Singapore.

Yours sincerely,