How many has Singapore hanged from the gallows?

The death penalty has been a part of crime and punishment in Singapore from day one.  Although there is a host of crimes under Singapore law which attracts the death penalty, Singapore has by and large executed persons convicted of murder and, since the enactment of the Misuse of Drug Act in 1975, drug-trafficking.       

Back in 2004, Singapore was put in the spotlight by a scathing paper, "Singapore - The death penalty: a hidden toll of executions" published by Amnesty International criticising Singapore's use of the death penalty. In particular, the paper chastised Singapore for its high rate of execution relative to its population size. The paper said that more than 400 had been executed since 1991 up the date of their paper, 15 January 2004.  How true is that?  Since Singapore became an independent nation in 1965, how many persons have Singapore executed?

I tried to find official judicial execution statistics, but it turned out to be a cat-and-mouse game.

On 12 October 2011, then newly elected Member of Parliament Pritam Singh from the Workers' Party filed a written question for the Minister for Home Affairs (MHA), asking from 2004 to 2010, how many criminals had been hanged in Singapore and what was the breakdown in terms of foreigners, permanent residents and Singaporeans for each of those years.[1]  In reply, DPM Teo Chee Hean provided statistics indicating that from 2004 to 2010, a total of 38 people were executed, comprising 26 Singaporeans and 12 foreigners.

DPM Teo Chee Hean also stated that the Singapore Prison Service (SPS) publishes the number of judicial executions in its Prisons Annual Report and that those Annual Reports were publicly available on the SPS website.

DPM Teo Chee Hean's statement gives the impression that the Singapore Government is transparent about execution statistics.  It may seem to the casual observer that Pritam Singh's question was unnecessary if execution statistics were publicly available by checking the SPS website.

In fact, Pritam Singh's question was not redundant at all.  If you go to the SPS website[2], you will only find SPS Annual Reports from 2008 onwards.  SPS Annual Reports prior to 2008 is not obtainable from the SPS website (and I do not know where to find them).   Moreover, looking through the 2008 Annual Report, it does not contain any statistics on judicial executions at all.  It is only starting with the 2009 Annual Report, that executions statistics are published in every Annual Report to date.  The 2009 Annual Report contains execution statistics for 2007, 2008 and 2009. So, it would be more accurate to say that execution statistics from 2007 onwards are publicly available on the SPS website.[3] Execution statistics prior to 2007 cannot be found on the SPS website.

Perhaps Pritam Singh was motivated to ask for the execution statistics from 2004 to 2010 because prior to filing his question, which DPM Teo Chee Hean answered on 12 October 2011, Pritam Singh could not find those figures anywhere. 

Thanks to Pritam Singh's question, official information on the number of persons executed in each year from 2004 to 2010 is on public record.  Further, based on the SPS website, we also know the number of persons executed in each year from 2007 to 2019. 

How about executions statistics prior to 2004? 

Amnesty International's paper published on 15 January 2004 prompted the Singapore Government to issue a rebuttal on 30 January 2004. Residing as footnote no. 4 at the end of the rebuttal were a set of statistics indicating that a total of 138 persons were executed "in the last 5 years".  Given the date of that rebuttal, "the last 5 years" would mean 1999 to 2003. Thanks to Amnesty International's paper, another piece of official information was coughed up. 

The Government’s rebuttal 30 January 2004 indicated that a total of 138 persons were executed in the 5 years from 1999 to 2003, but did not provide the breakdown for each year between 1999 to 2003.  From the yearly statistics given in Parliament on 12 January 2001, we can see how many persons were hung in 1999 and 2000.  But how many persons were hung in each of the years 2001, 2002 and 2003? 

Fortuitously, a set of official execution statistics that fell into the public domain inadvertently answered this question. On 24 September 2003, then Prime Minister Goh Chok Tong gave the BBC in an interview in which he glibly said that up to 80 people had been executed in the first nine months of 2003.  To correct the erroneous figure, the Singapore Government attached a note to the transcript of the BBC interview stating that 21 persons were executed in 2000, 27 in 2001 and 28 in 2002. [4] Thus, another set of official statistics fell out into the open. The number of persons executed in 2003 can be worked out by arithmetic.  Thus, the gap in the execution statistics was filled.

How about executions statistics prior to 1999?

Rolling up my sleeves, I went on my hands and knees to claw and trawl the graveyard of old Parliamentary reports.  My efforts were rewarded.  I found that on 12 January 2001, in reply to a question filed by then non-constituency member of parliament JB Jeyaretnam from the Workers’ Party, Wong Kan Seng provided the number of persons who have been hanged in Singapore for the years 1991-2000, giving the numbers year by year and splitting the number for each year into the various crimes for which they were hanged.[5]  Thanks to JBJ's guts, another trove of official execution statistics was given out. 

As for the number of persons hanged prior to 1991, my efforts to find those numbers have drawn a blank.  Hopefully, someone has or has found those numbers and if so, I would be keen to learn.   

 In summary, the official sources which I managed to find are as follows:

1. SPS website giving execution statistics from 2007 to 2019;
2. Parliamentary report dated 12 October 2011 giving execution statistics from 2004 to 2010;
3. Singapore Government’s rebuttal dated 30 January 2004 to Amnesty International's paper giving execution statistics from 1999 to 2003;
4. Note attached to the transcript of Goh Chok Tong's interview with BBC released by the Singapore Government on 25 September 2003 giving number of persons executed in 2002, 2001 and 2000; and
5. Parliamentary report dated 12 January 2001 giving execution statistics from 1991 to 2000. 

Piecing them together, the total number of persons hanged in each year from 1991 to 2019 can be calculated. Below is a tabulation of the information provided by the official sources.  From the tabulation, the following conclusions can be quickly be drawn:

1. From 1991 to 2003 (13 years), 414 persons were executed, thus vindicating Amnesty International’s charge that more than 400 had been executed in Singapore since 1991 up to the date of their paper, 15 January 2004;
2. From 2004 onwards, there has been perceptible drop in the rate of executions for mysterious reasons; and
3. From 1991 to 2019 (29 years), 491 persons were executed.

No doubt more observations or inferences will come to mind on further consideration of the statistics. 

A set of information with gaps is incoherent. A complete set of figures is always useful. Which is why coherent factual information, especially information relating to state action carried out on behalf of the citizenry, should be made available for one to consider and ponder.  

Who knew that one has to be quite a sleuth to track down the number of persons hanged by the state. 

I do feel I am like Sherlock Holmes solving a murder mystery, pardon the pun.

 

Jeannette Chong-Aruldoss is a practising lawyer of more than 30 years’ standing who is interested in but does not specialise in the practice of Criminal Law. In uncovering the facts discussed in this article, her research tool was a good wi-fi connection to the internet and a bee in her bonnet.  Putting herself in the shoes of a layman, she did not avail of materials which are only accessible by subscription or otherwise unavailable to the general public. 

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[1] “Judicial Executions in Singapore” Parl. No. 12, Sess. 1, Vol. 88, Sitting No. 6 (21 October 2011)

[2] https://www.sps.gov.sg/news-about-us/publications

[3] Execution statistics from 2007 to 2019 are also available at https://data.gov.sg/dataset/judicial-executions

[4] "More people executed in Singapore", AFP report published in The Age, 25 September 2003 https://www.theage.com.au/world/more-people-executed-in-singapore-20030925-gdwejk.html

[5] “Number of Persons Hanged” Parl. No. 9, Sess. 2, Vol. 72, Sitting No. 13 (12 January 2001)

Why I think Kho Jabing should not suffer the death sentence

No intention to kill

Jabing was convicted under Section 300(c) of the Penal Code. Section 300(c) is notorious for providing a controversial definition of murder. To convict an offender for a Section 300(c) murder, it is not necessary for the offender to have an intention to kill the victim. It suffices to prove that the offender intended the bodily harm which caused the victim's death.  All of Jabing's judges agreed that Jabing's motive was to rob the victim and, though he intended to physically harm the victim, he never intended the victim's death. But since the Court found that Jabing intended the injuries which caused the victim's death, the court convicted him of section 300(c) murder. 

"An eye for an eye" is a form of justice. On that basis, it may be justifiable or acceptable that someone who intentionally commits murder should himself have intentional murder committed on him. But Jabing never intended to kill, yet he has now been sentenced to suffer the penalty of being killed. His punishment is harsher than his own culpability and being so, it does not seem justifiable or acceptable.  

Disadvantaged at sentencing

The Court of Appeal conceded that that the sequence of events which took place during the time of the offence, was garbled and not entirely clear. The gaps in the factual matrix were not crucial for the purposes of proving the charge under Section 300(c). So it was not necessary to belabour the trial proceedings to elicit a blow-by-blow account of how the crime was committed, unless such facts were relevant either to prove his guilt or for his defence. Jabing was convicted of the murder charge notwithstanding certain gaps and inconsistencies in the factual matrix.     

More importantly, at the time of Jabing's trial, the death penalty was the only sentence - it was mandatory once the offender was found guilty of the murder charge.  There was then no other sentencing option.

in 2012, after Jabing's conviction, the Penal Code was amended to give the Court a discretion to commute the death sentence to life imprisonment. The factors relevant to the Court in deciding whether to commute the death penalty to life imprisonment was not known at the time of Jabing's trial. Had such factors been known to Jabing's lawyers at the time of his trial, I believe that Jabing's lawyers would have made it a point to bring up for the record, certain facts of the case equivocal to his defence, but helpful for his sentencing if found guilty.  

Hence, I find that Jabing was at a disadvantage when he came before the sentencing court. Certain gaps in the factual matrix which, had they been explored, canvassed or clarified during his trial, might have helped him to escape the gallows. (Alternatively, such clarification might have served the legal process by enabling the judges to have no doubt he should be hanged, in which case, a unanimous decsion would have ensured.)  

Indeed, the dissenting judges were of the view that it would be unsafe to sentence him to death, given the uncertainties caused by the gaps in the factual matrix, and that the offender should be given the benefit of doubt. Unfortunately, the majority of the Court of Appeal were prepared to sentence him to death despite the gaps in the factual matrix.

No unanimity within the Court of Appeal

Under the law, the death sentence may be carried out so long as a majority of the judges of the Court so decides. The death penalty is the ultimate punishment from which there is no turning back. The decision to execute must be very certain. But in Jabing's case, the five judges did not agree amongst themselves. The decision was split 3 - 2.  Notwithstanding the law, it is difficult to accept that Jabing should hang when two of the five sentencing judges did not think so. 

Current Status: 

On 19 October 2015, Jabing's clemency petition was rejected by the President, on the advice of the Cabinet. On 5 November 2015, Jabing was granted a temporary stay of execution to allow for the consideration of last-minute legal challenges. The hearing of the criminal motion is fixed for 23 November 2015. 

Sign the Petition 

HANGING BY MYTHS AND BELIEFS

Dear Readers

Before you start reading this posting, I had better tell you that what I am about to discuss, is an issue which will have virtually no impact on your lives, your livelihood, your choices, your lifestyle or your pocket. It is a matter which only affects …maybe 20 people? … in a year, some of those affected will not even be Singaporeans.

But for those who are affected, it is quite literally a matter of life and death. What we Singaporeans think and say about this issue, will make a difference to whether someone lives … or dies. I am talking about the use of the death sentence in Singapore. For certain crimes like murder and drug trafficking, the death sentence is mandatory, meaning that the judge has no power to change the death sentence to life imprisonment in deserving cases. They must hang.

Don’t get me wrong, I want a safe and secure Singapore. I want a low crime and drug-free society where I can raise my kids and walk around in freedom.

We have been told that Singapore’s low crime rate is due to our tough laws, including our willingness to impose the ultimate penalty of death.

We have been told that the mandatory death penalty for murder and drug trafficking has been an effective deterrent against would-be murders and drug traffickers.Sparing the lives of convicted murders and drug traffickers, would signal that we have gone soft. Going soft will put our families and loved ones in danger of crime.
http://app.mfa.gov.sg/pr/read_content.asp?View,14940,

And we have been told that a Singapore Press Holdings survey conducted in 2006, indicated that a large majority of Singaporeans are in support of the death penalty, and thus, the death penalty is the will of the majority.
http://singabloodypore.blogspot.com/2006/02/96-of-sporeans-back-death-penalty.html

If it were really so straightforward that “death penalty means low crime”and “no death penalty means high crime”, then of course, we should and must retain the death penalty, and to oppose those idealists who seek to abolish it. Why should I risk the safety and well-being of my family for the sake of a worthless criminal who should have known better?

But is it really as simple as “death penalty means low crime”?
· Why do people kill?
· Why do people agree to be drug mules?
· Does the death penalty really deter murder or it is to exact revenge, as in “life for a life”?
· Will murders and drug trafficking be more rampant if Judges were given power to change the death sentence to life imprisonment in deserving cases?
· What are other effective ways to reduce crime?
· What are other ways of keeping down crime besides the death penalty?

I am glad to see that today in Singapore 2011, we are more discerning and a lot more sophisticated. Decades of emphasizing the value of a good education has produced a generation of new Singaporeans who ask for the facts and figures behind claims and statements.

In the old days, whenthere was no Internet, it was harder to double check statements and not easy to find alternative views to a proposal. Today is the age of information technology. The new generation Singaporeans are better educated, well-travelled and well-informed.

Today, we do not accept propositions at face value. If someone tells us, “eating durians causes baldness” we will automatically retort: “How so? Who said that? What are his credentials? Where are the surveys, scientific studies or research showing the correlation between eating durians and baldness?”

We don’t let people get away with saying something, without providing hard evidence for what is being said.

So if we cannot see the evidence that the death penalty for a particular crime has served its role as an effective deterrent to that crime, then I am afraid to say, that such a proposition is a belief which is at best a hypothesis and at worse a myth!

Now surely no one will be party to taking away a person’s life on the strength of anunsupported hypothesis or a personal belief?

When it comes to the issue of death penalty, the stakes cannot be any higher. A person’s life is to be taken from him. The sting of the death sentence is after all based on the fact that the wrongdoer highly values his own life. If it were not so, then it would not mean much to take it away!

When it is a matter of life and death, surely we need to call for convincing evidence proving the deterrent effect of the death penalty, so as to justify using such a drastic measure. Surely it is only right that we think long and hard about whether or not to use the death sentence.

We have been told: Look at Singapore’s low rate of drug abuse – that is evidence that mandatory death penalty has been an effective deterrent against drug trafficking. I am thankful that Singapore’s drug problem is well under control. But aren’t there also other factors which contribute to Singapore’s successful fight against drug abuse? Factors like a well-organized police force, well-trained investigation officers, a well-equipped central narcotic bureau and a comprehensive anti-drug abuse education program – don’t all these also help in the fight against drug abuse?Will Singapore’s fight against drug abuse be seriously hampered without the mandatory death penalty?

The mandatory death penalty for murder has been with us since the colonial days. We have had the mandatory death penalty for drug trafficking since 1975. Today is 2011. We have at least 40 years of data on state executions. It is time to take stock and review in detail all the statistics on state executions to date. The public should also be involved in this extensive review. The results of the review should be published for the public to digest and to ask questions about the findings. After all, it is has been said that the death penalty is the will of the majority of Singaporeans. So Singaporeans should be informed.

The public has the right to see the studies, statistics or research published by officials which support their claim that the mandatory death penalty has been an effective deterrent against drug trafficking. The burden of proof must rest on those seeking to retain the mandatory death penalty.

In the absence of such evidence, then we Singaporeans must conclude that it is not necessary to resort to using the mandatory death penalty for drug trafficking. In which case, we should seriously consider changing the law to give judges the power to convert the death sentence to life imprisonment in deserving cases.

There is also the question whether it is even necessary to retain the death penalty at all. Again, without convincing documentary evidence that the death sentence has more of a deterrent effect than a life sentence for drug trafficking, then it is only right that we do away with the death sentence altogether.

A person’s life, even the life of a drug trafficker who should have known better, is too high a price to pay for an opinion not supported by enough evidence.