6 February 2025
We, the undersigned civil society organizations, urgently call on the Malaysian government to take immediate and decisive action on behalf of Malaysian national Pannir Selvam Pranthaman, and others who are at risk of execution in Singapore. At this stage, having exhausted all his legal avenues, nothing stands between Pannir having his life taken away from him at any [given] moment by the Singapore government.
Human Rights Violations in Pannir’s Case
Pannir’s case has been riddled with several violations of international human rights law and standards. In 2017, Pannir was convicted of importing into Singapore 51.84g of diamorphine (heroin) and was sentenced to the mandatory death penalty, although drug-related offenses do not meet the threshold of the “most serious crimes” to which the use of the death penalty must be restricted under 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 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 the prosecution–which is not a neutral party in the trial and should not have such powers, and as it breaks down the clear separation that must exist between prosecution and the court.
Additionally, the conviction was reached with reliance on a 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.
Urgent need for Malaysia’s intervention
As a neighboring state with close historical and diplomatic ties to Singapore, Malaysia is uniquely positioned to stand up for human rights and safeguard the rights of its nationals facing execution in the country. When human rights are at stake, silence is not a tenable option and all possible actions should be undertaken to halt executions and the use of the death penalty, including when it is applied in violation of international human rights law and just across our borders.
Since June 2024, Singapore has intensified its pursuit of executions, including by shortening the notice period to just four days for those who have previously had their notices of execution stayed. This not only adds cruelty and anxiety for those on death row and their families, but also effectively limits the time that they can spend together. The Post-Appeal Applications in Capital Cases Act 2022 (PACC) that came into effect on 28 June 2024 and the amendments to the Administration of Justice (Protection) Act 2024, which came into effect on 28 January 2025, have the effect of further restricting the ability of death row inmates to file legal appeals or seek reviews, prioritizing the finality of judgment over reviews and testing of process safeguards.
In 2024, eight out of nine individuals were executed in Singapore for drug-related offenses. These developments underscore the urgency for the government of Malaysia and the international community to take unified and stronger action, calling on Singapore to immediately end all executions as a critical step toward abolishing the death penalty.
As the current Chair of the Association of Southeast Asian Nations (ASEAN), Malaysia is uniquely positioned to champion human rights and set a strong example for the region. Malaysia’s representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) has emphasized the importance of regional cooperation to uphold human rights at the Human Rights and Environmental Rights dialogue in January 2025. Malaysia’s intervention in Pannir’s case would not only demonstrate its commitment to support its nationals facing execution abroad, but also its leadership in advancing a human rights agenda within ASEAN.
Pannir is asking for a second chance
Since 2017, Pannir has channeled his energy into creativity, advocacy, and reflection, using his time on death row in Singapore to shed light on the realities faced by those under the sentence of death. From his prison cell, he has written heartfelt songs and poems that speak of the anguish, hope, and prayers of those on death row, many of which have been shared with the public through the Sebaran Kasih NGO founded by his sister, Angelia Pranthaman. These songs not only reflect Pannir’s personal growth but also amplify his message of compassion and the importance of giving people second chances.
To date, Sebaran Kasih has released three of Pannir’s songs, featuring renowned local talents such as Dato DJ Dave, Kidd Santhe, Santesh Kumar, and Saint TFC. These songs bring Pannir’s story—and the broader plight of death row prisoners—to the forefront, encouraging Malaysians to reflect on the power of forgiveness and the value of giving someone a second chance.
A Call for Urgent Action
Pannir Selvam’s case is not unique; it is emblematic of broader issues of systemic injustice in the application of the death penalty across the region. Malaysia has demonstrated leadership by abolishing the mandatory death penalty and commuting a significant number of sentences in 2024. While Malaysia’s journey towards abolition must continue, now, it is also the time to extend that leadership to protect its nationals abroad and advocate for global abolition of the death penalty. The death penalty is the ultimate cruel, inhuman, and degrading punishment that must no longer have a place in our societies. We call on the Malaysian government to urgently intervene in Pannir’s case and to prevent further executions from taking place in Singapore, including those that would be unlawful under international law and standards.
We urge the Malaysian government to take the following steps without delay:
1. Engage in swift and effective intervention: Utilize all available channels, including direct appeals to Singapore’s President and Prime Minister, to seek the immediate review of Pannir’s case, and commutation of his death sentence and to ask for an immediate moratorium on all executions in Singapore.
2. Leverage ASEAN mechanisms: Utilize Malaysia’s position as ASEAN Chair to advocate for regional cooperation on abolishing the death penalty.
Jointly issued by:
- Amnesty International Malaysia
- Anti-Death Penalty Asia Network (ADPAN)
Endorsed by the following civil society organisations:
- Lawyers for Liberty
- MADPET (Malaysians Against Death Penalty and Torture)
- Sebaran Kasih MY
- Sisters in Islam (SIS)
- HAKAM
- Suara Rakyat Malaysia (SUARAM)
- Bersih
- Centre for Independent Journalism
- Freedom Film Network
- Family Frontiers (Malaysia)
- justice for sisters
- North South Initiative
- Parti Sosialis Malaysia
- Agora Society Malaysia
- Gerakan Belia Sepunjabi Malaysia (GBSM)
- Kuala Lumpur and Selangor Chinese Assembly Hall Civil Rights Committee (KLSCAH – CRC)
- Saya Anak Bangsa Malaysia (SABM)
- The Good Society Malaysia
Endorsed by the following individuals:
- Andrew Khoo
- Mohammad Alshatri bin Abdullah
- Thulasi Munisamy
For more information, please contact Divya Shesshsan Balakrishnan at [email protected]