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Internal Communication Clearance Form HAUT-COMMISSARIAT AUX DROITS DE L’HOMME • OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND Mandates of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment REFERENCE: UA SGP 3/2015: 30 October 2015 Excellency, We have the honour to address you in our capacity as Special Rapporteur on extrajudicial, summary or arbitrary executions and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment pursuant to Human Rights Council resolutions 26/12 and 25/13. In this connection, we would like to bring to the attention of your Excellency’s Government information we have received concerning the imminent execution of Mr. Kho Jabing, a Malaysian national sentenced to death for murder by a Singaporean court. According to the information received: On 30 July 2010, Mr. Kho Jabing, a Malaysian national and a co-defendant were convicted of murder in Singapore after a 2008 robbery resulting in death. As the capital punishment was mandatory for murder until 2012, they were sentenced to death. On 24 May 2011, Mr. Jabing’s co-defendant was convicted of “robbery with hurt” while his death sentence was confirmed. In 2012, following a penal reform Singapore reviewed its mandatory capital punishment laws. The courts were allowed to impose either the death penalty or other sanctions including life imprisonment for drug trafficking and murder. On 30 April 2013, the Court of Appeal decided to re-sentence Mr. Jabing, arguing that his case meets the requirements of the definition of murder under Section 300(c) of the Penal Code, stating that when there is no intention to cause death judges have the option to impose either the death penalty or life imprisonment or caning. Subsequently, the High Court decided to re-sentence Mr. Jabing to life imprisonment and caning. The Prosecution appealed this decision. In January 2015, the Court of Appeal re-imposed the death sentence against Kho Jabing. It is believed that the five judges of the Appeal Court reached different conclusions with a close three-to-two majority. It was not possible to prove beyond reasonable doubt that Mr Jabing, in killing his victim, had showed a “blatant disregard for the sanctity of human life”. The sentence was confirmed by the High Court. On 19 October, the President of Singapore rejected Mr Jabing's clemency petition filed on 27 April 2015. Mr. Jabing may be executed at any time. We express grave concern that the mandatory imposition of the death penalty against Mr. Kho Jabing may be in contravention of the international standards. We further express grave concern that this execution may be a step back concerning the use of the death penalty in Singapore, which had adopted a moratorium on this sentence in 2012. Without expressing, at this stage, an opinion on the facts of the case, the above allegations appear to be in contravention of the rights of every individual to life, in accordance with articles 3 of the Universal Declaration of Human Rights (UDHR), and 11 of the ASEAN Human Rights Declaration. Moreover, the UN Human Rights Committee stated that “the automatic and mandatory imposition of the death penalty constitutes an arbitrary deprivation of life” (Pagdayawon Rolando v Philippines, Views of the Human Rights Committee, Communication No. 1110/2002, UN document CCPR/C/82/D/1110/2002, 8 December 2004, para. 5.2). Finally, with regards to the possible sentences amounting to life imprisonment or the death penalty, we would like to refer to the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/67/279), in which retentionist States are called upon to rigorously observe the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights and articles 1 and 16 of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).. In view of the urgency of the matter, and of the irreversibility of the punishment of the death penalty, we respectfully call upon your Excellency’s Government, as a matter of urgency to halt the execution of Mr. Kho Jabing, which, on the facts available to us may constitute a violation of applicable international human rights standards, and thus an arbitrary execution. We further appeal to Singapore to annul the death sentence against the aforementioned individual and to commute his sentence. We also call upon your 2 Excellency’s Government to reinstate the moratorium on the use of the death penalty, with a view to its complete abolition. The full texts of the human rights instruments and standards recalled above are available on www.ohchr.org or can be provided upon request. It is our responsibility under the mandate provided to us by the Human Rights Council, to seek to clarify all cases brought to our attention. Since we are expected to report on these cases to the Human Rights Council, we would be grateful for your observations on any additional information and any comment you may have on the above mentioned allegations. We also take this opportunity to inform your Excellency’s Government that a copy of this letter will be shared with the authorities of Malaysia. Your Excellency’s Government’s response will be made available in a report to be presented to the Human Rights Council for its consideration. Please accept, Excellency, the assurances of our highest consideration. Christof Heyns Special Rapporteur on extrajudicial, summary or arbitrary executions Juan E. Méndez Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment 3 .
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