Silencing those criticising the death penalty

August 27, 2024

KATHMANDU – The Transformative Justice Collective (TJC), an activist group that campaigns against the death penalty, has received two corrective orders following a posting expressing concern about the recent execution of two drug convicts in Singapore.

The orders, issued by the Ministry of Home Affairs, were based on the Protection from Online Falsehoods and Manipulation Act (POFMA), the design and use of which have been widely criticized by anyone who truly understands and cares about civil freedoms and freedom of expression.

The TJC was complaining about the fact that the two prisoners already sentenced to the gallows were executed despite the fact that they still had pending civil applications – and in one case, an additional pending criminal review application.

It is true, we are talking about technicalities. But they do matter. The correction notice imposed by the POFMA office basically confirmed what the activists had claimed, that the two prisoners still had ongoing legal reviews.

Undeterred, the TJC published a response boldly starting with “Dear Minister Shanmugam, here is our correction direction for you”.

Among different points, the group objects to the government’s following statement: “Some PACPs [prisoners awaiting capital punishment] have repeatedly filed last-minute applications, without basis, with the obvious purpose of preventing capital punishment from being carried out”.

You do not need to be a legal luminaire to realize that the courts and not the state should decide if a case does or does not have a basis.

The TJC’s response was as follows, “Regardless of whether this review application was “materially similar” to previous applications, it is not for the government to substitute