July, 28 2010, 10:37am EDT
Singapore: Legal Charges Threat to Freedom of Expression
British Author’s Critique of Death Penalty Leads to Arrest
NEW YORK
Singapore officials should cease using criminal defamation and contempt laws to silence government critics, Human Rights Watch said today. The arrest of Alan Shadrake, the 75-year-old British author of Once A Jolly Hangman: Singapore Justice in the Dock, a critical review of Singapore's death penalty law and its administration, further narrows the space for reporting and analysis of issues the government prefers to keep under tight control, Human Rights Watch said.
On July 16, 2010, the day before the book launch, the Media Development Authority, responsible for regulation of Singapore's media and publishing industry, filed a police complaint against Shadrake for criminal defamation and contempt of court. The defamation charge is still under investigation. On the same day, Singapore's attorney general submitted an affidavit saying that Shadrake should be "committed to prison or receive such other punishment ... for his contempt of court ... for bringing into existence, publication and distribution of the Book which contains passages that scandalize the Singapore Judiciary." Supporting documents add that passages "undermine the authority of the Singapore courts and public confidence in the administration of justice..." If convicted, Shadrake faces a potential two-year sentence and fines.
"Free speech is an endangered species in Singapore," said Phil Robertson, deputy Asia director at Human Rights Watch. "It's sadly predictable that the government did not hesitate to threaten prosecution, fines, and imprisonment against an author whose views run contrary to its own."
Authorities arrested Shadrake, a death penalty opponent, on July 18, seized his passport, and released him on bail the following day. The court hearing on the contempt charge is set for July 30, but in the interim the 75-year-old author has been subjected to several days of police interrogation without benefit of counsel. Shadrake stated that the lengthy interrogation sessions left him exhausted, and his lawyer reported that he had been placed on a heart monitor.
Once a Jolly Hangman is based on interviews with a longtime executioner at Changi Prison who has now retired and with dozens of lawyers and death penalty opponents. Shadrake also reviewed years of court case files. He is outspoken in his suggestion that Singapore death penalty sentencing decisions are not always made through impartial and independent examination of the alleged crimes.
Human Rights Watch considers criminal penalties for defamation to be disproportionate and unduly harmful to freedom of expression. Many states have abandoned such laws, recognizing that civil defamation is generally adequate to protect the reputation of others.
Scandalizing the court, the contempt charge applied in Shadrake's case, is a relic of British colonial law no longer in use in the UK or in other commonwealth countries such as Brunei, Hong Kong, New Zealand, and Canada, but retained in Singapore. And although Singapore's constitution protects free expression, it also specifically protects against contempt of court.
Another well known case was that of the academic Christopher Lingle and the International Herald Tribune, who were fined for contempt when Singapore's High Court deemed that a reference in an October 7, 1994 op-ed article to "intolerant regimes" and a "compliant judiciary" could only refer to Singapore. In the 2009 case of Attorney-General v. Hertzberg, the High Court rejected the proposition that contempt had to pose a "real risk" to the administration of justice and affirmed that conviction could be based merely on the "inherent tendency" of words to suggest bias, impropriety, or other judicial wrongdoing.
"All the government's action will do is jail yet another author, while ensuring that Shadrake's book will be a best seller outside Singapore, most likely in Southeast Asia's airport bookstores" Robertson said.
Although media reports state the book is not banned in Singapore, it is apparently hard to purchase because the government has advised bookstores not to stock it.
The death penalty is a touchy issue for Singapore officials, who rigorously defend the state's mandatory death penalty for murder, treason, and some 20 drug-related offenses. The latest high-profile case on Singapore's death row involves a Malaysian,Yong Vui Kong, due to be executed in August for a drug-related offense committed when he was 19. Singapore refuses to make public statistics on executions in the city-state, but is believed to have one of the highest per capita execution rates in the world. Human Rights Watch opposes capital punishment in all circumstances because of its cruel, inhumane, and irreversible nature.
Singapore's drug law, which carries a mandatory death penalty for some offenses, also fails to meet international human rights standards, Human Rights Watch said. The mandatory nature of this penalty effectively obstructs judges from considering the circumstances of a case or handing down lighter sentences. The United Nations special rapporteur on extrajudicial, summary or arbitrary executions has stated that the death penalty should under no circumstances be mandatory by law, regardless of the charges involved.
"If the government is truly concerned with protecting its reputation, it could do better than to jail authors and execute drug offenders," Robertson said. "Abandoning criminal punishment for defamation and prosecutions for criticizing the judiciary would be a good start."
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
LATEST NEWS
Sanders Slams 'Big Money Interests' and Consultants That Control Democratic Party After Loss to Trump
"While the Democratic leadership defends the status quo, the American people are angry and want change," said the Vermont Independent. "And they're right."
Nov 06, 2024
Shortly before Vice President Kamala Harris delivered her concession speech on Wednesday, U.S. Sen. Bernie Sanders forcefully called out Democratic Party leadership for losing the White House and at least one chamber of Congress to Republicans.
"It should come as no great surprise that a Democratic Party which has abandoned working-class people would find that the working class has abandoned them," Sanders (I-Vt.) said in a statement. "First, it was the white working class, and now it is Latino and Black workers as well."
"While the Democratic leadership defends the status quo, the American people are angry and want change," said the senator, who decisively won reelection on Tuesday as Republicans reclaimed the upper chamber. "And they're right."
After seeking the Democratic presidential nomination in 2016 and 2020, Sanders spent this cycle campaigning for Harris, warning of Republican President-elect Donald Trump's return, blasting billionaire involvement in U.S. politics, and uring Democrats to better serve working people.
"Will the big money interests and well-paid consultants who control the Democratic Party learn any real lessons from this disastrous campaign? ...Probably not."
In Sanders' new statement, he highlighted U.S. income and wealth inequality, worker concerns about artificial intelligence, and the federal government's failure to provide paid leave and universal healthcare while pouring billions of dollars into Israel's war on the Gaza Strip.
"Will the big money interests and well-paid consultants who control the Democratic Party learn any real lessons from this disastrous campaign? Will they understand the pain and political alienation that tens of millions of Americans are experiencing? Do they have any ideas as to how we can take on the increasingly powerful oligarchy which has so much economic and political power?" he asked. "Probably not."
"In the coming weeks and months those of us concerned about grassroots democracy and economic justice need to have some very serious political discussions," Sanders concluded. "Stay tuned."
Progressives—who have responded to Trump's Electoral College and popular vote win by criticizing billionaires who backed him and promising "unprecedented resistance" during his second term—echoed Sanders' remarks.
Sharing Sanders' statement on X—the social media platform owned by billionaire Trump backer Elon Musk—United Auto Workers (UAW) communications director Jonah Furman said: "The task has been clear for a decade. The question is only whether and when we will rise to the task."
Separately, the union's president, Shawn Fain, said in a Wednesday statement that "UAW members around the country clocked in today under the same threat they faced yesterday: unchecked corporate greed destroying our lives, our families, and our communities."
"We've said all along that no matter who is in the White House, our fight remains the same," Fain continued, pointing to the battle against "broken trade laws" like the United States-Mexico-Canada Agreement and fights for good union jobs, a secure retirement for everyone, a living wage, affordable healthcare, and time for families.
"It's time for Washington, D.C. to put up or shut up, no matter the party, no matter the candidate," added Fain, whose union endorsed Harris. "Will our government stand with the working class, or keep doing the bidding of the billionaires? That's the question we face today. And that's the question we'll face tomorrow. The answer lies with us. No matter who's in office."
"Will our government stand with the working class, or keep doing the bidding of the billionaires?"
In a post-election column, Chuck Idelson, former communications senior strategist for National Nurses United, made the case that "amid the postmortems and reckoning that will now follow the wreckage of Donald Trump's return to 'absolute' power, as authorized by the Supreme Court, there are... two notes in particular that deserve a deeper dive."
"In Missouri, a state Trump won by 58%, voters also acted to increase the state's minimum wage to $15 an hour and to require employers to provide paid sick leave to workers," he pointed out. "In Nebraska, another red state won by Trump, voters also passed a paid sick leave measure, Initiative 436, by 75%."
In addition to the ballot measures, Idelson highlighted that "in the multitude of exit poll results, one particularly stands out—94% of registered Republicans voted for Trump, the exact same percentage he received in 2020. The heavy campaign focus on pulling away Republican voters from Trump turned out to be a pipe dream. The old cliché 'it's the economy stupid,' triumphed again."
Harris' campaign, he argued, "reflected the direction the Democratic Party establishment has taken, away from working-class issues since the advent of neoliberal policies in the 1970s and carried out by most Democratic Party presidents since."
Historian Harvey J. Kaye, professor emeritus at the University of Wisconsin-Green Bay, took aim at the Democratic Party on social media Wednesday, noting failures to stand up to billionaires, raise the minimum wage, or pass the Richard L. Trumka Protecting the Right to Organize (PRO) Act.
Morris Pearl, chair of the Patriotic Millionaires and a former managing director at BlackRock, said in a Wednesday statement that "a self-avowed authoritarian successfully wielded the economic frustrations of millions to win the most consequential election of our nation's history. The Democratic establishment has only itself to blame."
"Voters demanded a fundamental overhaul of a rigged economic system. When neoliberal Democrats dithered, Donald Trump offered to clear the board, and voters chose the dark unknown rather than the status quo," Pearl added. "The only question remaining is, why are Democrats surprised? This is the entirely predictable result of a multidecade strategy to appease the rich that met no serious resistance."
The Sunrise Movement—a youth-led climate group that worked to reach millions of young voters in swing states to defeat Trump—similarly stressed on social media Wednesday that "last night's results were a call for change. Millions of people are fed up after living through decades of a rigged economy and corrupt political system. They are looking for someone to blame. It's critical the Dem Party takes that seriously."
"For decades, Democrats have prioritized corporations over people. This is the result. Every working American feels the crisis. We can't pay rent. Our government can't pass basic legislation. The WEATHER has turned against us. And Dems look us in the eye and say it's fine," the group continued. "Trump loves corporations even more than Democrats do, but he ran an anti-establishment campaign that gave an answer to people's desire for change."
"We can stop him, and we must," Sunrise said of Trump. "But it's going to take many thousands of people taking to the streets and preparing to strike. And it's going to take mass movements putting out a better vision for our country than Trumpism and proving that we can make it happen."
Keep ReadingShow Less
Peace Advocates Fear Trump May Hand Israel 'Full Control of Gaza and the West Bank'
"We in the anti-war movement must redouble our efforts to end the genocide and wars in the Middle East," said one campaigner.
Nov 06, 2024
While many critics of U.S. Vice President Kamala Harris opposed the Democratic presidential nominee due to the Biden-Harris administration's nearly unconditional support for Israel's annihilation of Gaza, peace advocates on Wednesday warned that Republican President-elect Donald Trump could lift the few guardrails the Democrats had placed on Israel and unleash the key ally to seize all of Palestine.
"A Harris victory would not have stopped Israel's genocide in Gaza or drive to war across the Middle East, but Trump's racism, Islamophobia, and bigotry, and his close relationship with [Israeli Prime Minister Benjamin] Netanyahu, could well enable Israel to pursue its desire for full control of Gaza and the West Bank," Lindsey German of the London-based Stop the War Coalition said in a statement.
"We face an extremely dangerous situation worldwide."
Israel has gradually and systematically seized more and more Palestinian lands since illegally occupying the Gaza Strip and West Bank, including East Jerusalem, in 1967. The goal of Israel's far right is expansion of Israeli territory to include what proponents call "Greater Israel," which is based on biblical boundaries that stretched from Africa to Turkey to Mesopotamia. Netanyahu has repeatedly displayed maps showing the Middle East without Palestine, all of whose territory is shown as part of Israel.
On Wednesday, far-right Israelis including senior government officials like National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich celebrated Trump's win. They are openly plotting ways to steal more land, including by ethnically cleansing Palestinians during the current war on Gaza, through home demolitions and forced expulsions in the West Bank and East Jerusalem, and by expanding Jewish-only apartheid settlements that are illegal under international law.
David Friedman, who served as U.S. ambassador to Israel during Trump's first term, recently released a book advocating Israel's annexation of all of Palestine, a policy "based first and foremost on biblical prophecies and values," according to the author. Friedman envisions a situation in Palestine akin to the U.S. conquest and rule of Puerto Rico, in which Palestinians don't have voting rights but are granted limited autonomy so long as they act in accordance with Israeli law.
Powerful Trump backers also support annexation. Republican megadonor Miriam Adelson's wish list for the president-elect's second term includes Israeli annexation of the West Bank and U.S. recognition of the move.
During Trump's first term, then-Secretary of State Mike Pompeo ended a 30-year State Department policy under which Israeli settler colonies in the occupied West Bank were viewed as inconsistent with international law. Pompeo later explained that as an evangelical Christian, his position was based on the biblical belief that Israel is God's "promised land" for his "chosen people," the Jews.
In February, U.S. Secretary of State Antony Blinken reversed the so-called Pompeo Doctrine, declaring Israeli settlements to be "inconsistent with international law"—even as he provided diplomatic cover for the war on Gaza for which Israel is on trial at the International Court of Justice for alleged genocide.
According to Israeli media reports, Trump has pushed Netanyahu to wrap up the Gaza war before he takes office next January. Many observers fear that could mean Israeli forces ramp up already devastating attacks that have killed more than 43,000 Palestinians, mostly women and children, while wounding more than 102,000 others and displacing, starving, and sickening most of Gaza's population.
United Nations human rights officials said last week that Israeli forces are creating an "apocalyptic" situation in northern Gaza, where the invaders are being accused of carrying out the so-called General's Plan to starve and then ethnically cleanse Palestinians from parts of the coastal enclave in order to make way for Israeli recolonization.
"We face an extremely dangerous situation worldwide, with a growing arms race," warned German. "We in the anti-war movement must redouble our efforts to end the genocide and wars in the Middle East. We also need peace in Ukraine, for the West to stop arming Ukraine, and for an end to the escalation of militarism and conflict aimed at China in the Pacific."
Keep ReadingShow Less
Watchdogs Vow Accountability for Trump Crimes Despite Presidential Win
Public Citizen said it would "mobilize Americans to resist Trump's agenda of cruelty and corruption."
Nov 06, 2024
Government watchdogs on Wednesday said they are "not going anywhere" and will continue pushing for U.S. President-elect Donald Trump to face accountability for his 34 felony counts and other alleged crimes, even as the Republican and his allies threatened the special counsel who has been prosecuting him.
"Trump will still be sentenced for the 34 felony counts on which he has been convicted, and other pending legal proceedings must
also move forward,"
said Robert Weissman and Lisa Gilbert, co-presidents of consumer advocacy group Public Citizen, which spent Trump's first term exposing corruption and unethical profiteering in his administration.
The group pledged to "mobilize Americans to resist Trump's agenda of cruelty and corruption" as it was reported that Special Counsel Jack Smith, who was appointed by the U.S. Department of Justice to investigate Trump's alleged mishandling of classified documents and his role in the January 6, 2021 attack on the U.S. Capitol, was in talks with the DOJ to wind down the federal prosecutions.
Under DOJ policy, a sitting president cannot face prosecution while in office.
Smith filed charges against Trump over the allegations, but the cases were thrown into uncertainty by the U.S. Supreme Court's ruling in July that held presidents have legal immunity for "official acts" while in office.
In legal filings that were unsealed last month, Smith argued Trump should not be entitled to immunity from prosecution because he "resorted to crimes" when he attempted to overturn the 2020 election results.
Trump said in recent weeks that he would fire Smith "within two seconds" if he won the presidency.
His allies, including Sen. Lindsey Graham (R-S.C.) and Rep. Steve Scalise (R-La.), have also demanded an end to what they call "lawfare" against Trump, with Scalise
saying Wednesday that the election results proved American voters want federal and state officials in to "immediately terminate the politically motivated prosecutions of President Donald Trump."
Graham wrote on the social media platform X on Wednesday, addressing Smith and his team, that "it is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall."
Trump was convicted of 34 state felony counts in New York for falsifying business records related to a hush-money payment to adult film star Stormy Daniels. He is currently scheduled to be sentenced on November 26, but his lawyers are likely to ask for an indefinite delay.
There's also state case in Georgia stemming from Trump's attempts to reverse his 2020 loss.
The work of ensuring Trump is "not about the law," said Weissman and Gilbert, "will continue in earnest [and] will be more important in 2025 than ever before."
Citizens for Responsibility and Ethics in Washington (CREW) said Trump's victory "is making the urgency of accountability and checks on the presidency clearer than ever before."
"We're going to keep standing up against corruption and authoritarianism," said CREW, "as we have been for years."
Public Citizen was among more than 200 groups that announced a virtual event called "Making Meaning of the Moment," planned for November 7 at 8:00 pm. More than 20,000 people had registered as of Wednesday evening.
Keep ReadingShow Less
Most Popular