Looking Through the Critical Analytic Perspective Reviews on the Extrajudicial of the Death Penalty;
- Awaken Resistance
- May 6, 2020
- 11 min read
“The death penalty has no place in the 21st century.” UN Secretary-General Ban Ki-moon
Introduction Overview:
Basically any of the territorial State jurisprudence government, that opted to underscore in promoting upon their own State country patriarchy ideologies political populist approach, such as applying or even simply promoting in silent by providing their political sentiment support, in utilizing their national administrative extrajudicial criminalizing law of the death penalty application, are condoned by United Nation and other human rights organization as the most and worst of an ultimate cruel, inhumane and degrading form of torture or punishment.
Nevertheless, a sudden emergence of a positive evolution trending happen around the global world. Majority of the worldwide top global leader including United Nation legal entity sub-bodies human right organization, are finally stepping up to fully engage in providing their State country collective support in recognizing that is just not the ‘right to intervene’ of any State, but the ‘responsibility to protect’ of every State when it comes to people suffering from avoidable catastrophe – mass murder and rape, ethnic cleansing by forcible expulsion and terror, and deliberate starvation and exposure to disease.
Bringing our local audience to have an in-sight critical analytic reviews, upon the global world high-level development meeting, that was held on 18th December of 2018, at the recent 73rd Session of UN General Assembly. Delivery the key valuable message or sharing latest update on the official UN General Assembly consolidated consensus number, on the recorded votes indicate listed 121 out of 193 Member State country votes in favor with the seventh resolution moratorium use of the death penalty, whereas, 35 voted against and 32 abstained. These enhance clearly to further displayed upon an positive trend support coming from the global abolitionist State member countries, in achieving the global high-record support participated, in heading ahead to marked for the global world development progress that call upon all State member country to total abolition the use of mandatory capital punishment of the death penalty application. By advancing fully ahead to promote in recognizing that the death penalty is an ultimate denial of the most basic human rights; as it violates one of the most fundamental principles under widely accepted human rights law—that states must recognize the right to life.
Even-though, with the current positive trending of the 2018 global resolution moratorium, sadly a total record number of 35 retentionist State countries including Singapore, had opted once again, to deliberately rebuke against the international humanitarian calling in urging all State countries member to move ahead with the global moratorium on the use of the death penalty punishment. A clear observation towards the independent government of Singapore in portraying their arrogance and draconian political populist leadership, integrate in governing the national criminal justice judicial legal system through a rigorous and harsh pragmatic approach. Literally, the current parliamentarian cabinet of Singapore independent government, are engaging consistently to further undermine the public opinion/knowledge by manifesting in applying the most common fallibility ideology political sentiment that profusely propagate of having a strong public support towards Singapore zero-tolerance against illicit drug-related activity, which has been the reason behind the nation positive and improving state of Singapore drug situation.
Whereas for the very first time, Singapore had invited about a total of 2,000 candidates, to facilitates for face to face public survey session conducted between July - October 2018, coordinated by the Ministry of Home Affairs (MHA) to foster an in-depth key awareness upon the public sentiment or perception towards the nation drugs criminology situation. The concluding consolidated result released on May 2019 by MHA, indicate that there was a strong public support from the community who participate for the national public survey, listed of 80% that show their support with the local government for applying the tough and harsh anti-drug policies, including 70% that support for the imposition of the death penalty, even cited that the public community recognize it is an appropriate punishment to an individual drug trafficker who are arrested for trafficking a large amount of drugs, synchronize further through polarize a fallible theoretical hypothesis, public statement that the national social security are the most logical and effective harm preventative approach in deterring to reduce or maximize against any internal security threats of the 'most serious crimes' of drug trafficking.
Under the new globalization millennia era, majority of the legal entity of UN Member State government developed limited understanding upon the universal standard framework mechanism development on the international principle of sovereign equality rights, enhances essential as sources of State development entitlement to identified State self-determination recognition as an independent Sovereign State-hood country in moving away from their decolonization colonies day. Majority of the UN State member legal entity tend to misinterpreted upon the interpretative terminology definition of the principles of sovereign equality rights, with the lack of understanding and engaging for a comprehensive interpretation definition these enhance the local government including state policy-analyzing maker, judge, practitioner, lawyer, minister, professor and lecturer, etc., to engage in promoting a fallibility and widely-spread polarization with regards surrounded on the profound general principles of sovereignty equality rights. The principles of sovereignty equality rights, established under the international standard theology theory were literally adopted and developed through an historical political philosopher incoherence cognitive notion, that dated back in sixteenth era, to quote, 'that there must be, within each state, some entity which possessed supreme legislative power and/or supreme political power, who defined law as the general commands of a sovereign, supported by the threat of sanctions.'
Nevertheless, under the current positive trending support upon the global resolution moratorium to abolition on the use of the death penalty punishment, generate an emergence conscience from the global top leader delegates leader in respecting and promoting the international standard fundamental framework principles of share responsibility, that is to fully protect and delivered collective responsibility on all states is grounded in: obligations inherent to the concept of sovereignty. Literally, such limits exist as a counterbalance to individual rights and express the collective rights concerns of the community as a whole. Majority of the UN global top leader including legal entities of human rights organization are slowly recognizing upon the underlying significance in cultivating to collectively work towards achieving sustainable development through cooperation and integrating the social, economic and environmental dimensions of development.
"Drugs will forever be a lightning rod in political discourse, but leaders cannot continue to be guided by ill-informed prejudice against drug use. For too long, the evidence has been ignored that punitive drug policies, including the death penalty, do more harm than good to our societies." Professor Adeeba Kamarulzaman, Dean of Medicine, University of Malaya, Malaysia.
IN-DEPTH UNDERSTANDING ON PRINCIPLE OF SOVEREIGN EQUALITY AND THE PRINCIPLE OF RESPONSIBILITY TO PROTECT;
Human rights is undeniably the fundamental key essential basic foundation, of an indivisible, inalienable and inherent dignity rights, entitled among all of Singapore human being person without being subjected to any unfair and injustices treatment and discrimination. Giving birth to the Universal Declaration of Human Rights (UDHR) charter, adopted by the United Nation General Assembly, on 10th December 1948, in San Francisco, United State. The universal standard of human rights-based approach, is the basic foundation key pillar structure that embodies to harmonize with the UDHR Charter treaties including other UN's sub-bodies treaties, core-mandate to promote peace and security, protect human rights, addresses humanitarians, and advance economic and social progress and development, in the current and future imperatives of the sustainable development agenda, and in the UN policy framework constructed to advance those imperatives and to deliver results.
Subsequently, State Sovereignty proposition entices the exclusive rights impunity as political authority over a defined territory (land, airspace and certain maritime areas such as the territorial sea) and the people within that territory. No other State can have formal political authority within that State. Therefore, sovereignty is closely associated with the concept of political independence. However, an overarching of misleading interpretation between the Sovereign equality rights of State with their international relation, utilize often to promote by citing that an Sovereign State indirectly posses the ultimate supremacy power for having the unlimited power above the law than the international law itself.
In 2005, United Nations General Assembly had endorsed the principle of the responsibility to protect, commonly referred to as ‘R2P’, an new proposition of an emergence norms shared responsibilities community engagement were developed. The basic premise of the responsibility to protect is that the international community has a duty to collectively protect civilian populations from certain categories of atrocities, established the legal entities obligation for State to act in a certain ways or refrain from certain act to promote and protect the inherent dignity human rights and the fundamental freedom of an individual and organizational. Subsequently, these enhance to extinguished further for the local level diverse social collective network movement in enabling us to evaluate and monitor towards Singapore government predisposition relation performance with regards upon their international cooperation work commitment to delivered their inclusive full responsibility and accountability role-duty towards the global calling for an effective human rights approach obligates duty bearers (usually States) to: 1) respect; 2) protect; and 3) fulfill human rights;.
Literally, Singapore, had incorporate in developing a long participation by building collective network alliance rapport and trust with the United Nation, including other sub-bodies treaties of the UN Charter, dated way back since 21st of September 1965, - such as the Convention of CEDAW, CERD, CRC, CRC-OP-AC-, and CRPD -. Thus, these provide the local audience with an better and clearer descriptive overview towards the internal structure on how Singapore sovereignty democratic de-facto jurisprudence quasi-legalization governance are encompasses and founded with the foundation to developed under the international standards development general practices for an fair and equal criminal justices judicial legal systems. Rather, ever since Singapore had attained their sovereignty territorial independence statehood statues, for past 55 years the nation are governed under the strong subjugation predisposition embodies through the political patriarchy attitude adherence correlate an evident to showcased upon the fact that a ruler can do what he likes to his own subjects does not mean that he can do what he likes—either as a matter of law or as a matter of power politics—to other states. Hence, these prompted to resonates strongly towards the similarity of Singapore governance are founded since their sovereignty State independence are contrary from the basic fundamental framework embodies in the general Principles of Democracy, whereby the current independent government of Singapore opted to promote and practices an contradictory political ideology sentiment and through State-sponsor administrative policy enhance the tendency of promoting the power dynamic infrastructural internal system deliberately not only to further undermined but diminishing the credibility development sources of the international law of human rights bills, which the rule above all law.
Nevertheless, the common anticipation upon the State sovereignty legal terminology definition meanings are polarize in contradictory misrepresentation of the international standard legal terminology basic definition understanding is to recognize or identified a country that had achieved the self-determinate State-hood identity as an Sovereignty territory independence State country whom had attained their State decolonization recognition from being under any colonies subjugation territorial rulings. Based with the limited and appropriate understanding international law universal standard framework systems, these indirectly provides the clearer observatioupon how the representative delegates of Singapore, had firmly expressed towards Singapore disappointment during the seventy-third session of United Nation General Assembly, that the outcome draft resolution contains a “one-size-fits-all” approach to a delicate question, imposing a particular vision of the world onto others, whilst reminding other State delegates upon the fundamental principle sovereign equality rights to developed their own legal systems, emphasizing the justification towards Singapore political sentiment and the criminal law internal judicial legal system are indeed aligned in-accordance with the imposition technical sources of the international laws of human rights bills.
THE COMMUNITY-BASED 'ROMANTICIZING' QUALITATIVE AND QUANTITATIVE SUBSTANTIVE QUALITY PEER REVIEWS CONCLUDING FINDING;
The Republic Constitutional of Singapore jurisdiction are strongly founded to encompassed through the national post-colonial predecessors judicial legal systems, even-though there have never (publicly, at least) made any conscious and deliberate decision to preserve nor retaining any of the British post-colonial legal system. The current political populist independent government of Singapore, including the internal criminal justice judicial legal system, literally defines the global moratorium calling in moving away on the use of Death Penalty especially to utilizing heavily on the national extrajudicial application of the death penalty against drug trafficker, profess as a necessary measure for the preservation of law and order to maintain the national social security safety while safeguarding the other public community welfare and health.
Under a recent interpretative public statement made by the local enforcement, that deliberately highlighted to the national public social societal that there is nothing in international law to forbid the independent government of Singapore from being binding to the global resolution moratorium of the death penalty. Manipulating the public opinion further, in proclaiming upon the national social security literally will be the most best-practice logical and effective pragmatic approach, fabricating towards the credibility of applying the extrajudicial predisposition of the death penalty 'deterrence effects' promote the national social security success rate level in deterring to maximize or reduce any negative influence of the adverse harmful direct exposures to drug use related-activity among the national younger youth generation.
Furthermore, to reduce any form of national security threat as well as to safeguarding the public health and welfare against the social security number one 'menace' threat of international high-level drug trafficker or drug trafficking organised crimes. Purported in adding on that the national appointed drugs enforcement social security agency parties, Central Narcotic Bureau (CNB) adopted to incorporate with practice of an comprehensive, balanced, sustained and tough approach in addressing and tackling both of the domestic drug supply and demand. Literally for past 45 years, ever since the introduction of the 2nd amendment bills of Misuse of Drugs Act in 1975, promulgated to implemented the extrajudicial application of the mandatory capital punishment of death penalty utilize in deterring Drugs Act (MDA) quasi-legislative administrative, including the internal criminal justice judicial legal systems, inviolability to undermine in deprive an individual drug user or drug trafficker from any adverse harmful practice.
An in-depth qualitative and quantifying case-study research conducted by Amnesty International, in 2017, to evaluate and documented on Singapore criminal justice judicial legal system, including the domestic death penalty framework mechanism and the drugs administrative criminalizing law policy. Since 1 January 2013, 40 out of 93 cases of people tried after that date and convicted of capital offences involving murder or drug trafficking, or who were sentenced under the revised laws, resulted in death sentences while 38 people, or 41%, were spared the death penalty. Twenty-seven of the 82 men escaped the gallows, while 9 of the 10 women did so. Furthermore, in 2018, Singapore is recorded of having the highest number of 8 individual person, who were sent to the death row, all total of the 8 inmate was charged under the presumption criminal-offences for drug-trafficked.
The contrary political belief, that illicit drug-related activity such as drug trafficking carries the thresholds as the 'most serious crimes', whereby the imposition of the death penalty punishment, are promulgated by the independent government of Singapore after due deliberation in Parliament and for the express purpose of deterrence. Even to made the public announcement in the UN General Assembly 73rd Session, whereby, the representative delegate of Singapore, had clearly expressed upon Singapore disappointment towards the recommendation resolution of the global moratorium by pointed out that, " .... the moratorium resolution is deeply flawed and imbalanced, as it fails to acknowledge that international law allows for use of death penalty for the most serious crimes under due process. It fails to acknowledge that the death penalty is an issue of criminal justice, not human rights....".
The irrelevant overarching political power sentiment to utilize the predisposition of the death penalty deterrence effect produce the correlation impact in reducing or minimize against any negative influence, among any individual person nor the younger youth generation, are simply administer by our own retentionist government in justifying against their repressive attributes to retain the death penalty punishment. Nevertheless, there's an substantive quality of equivocal collective finding documented by global top delegate, professional researcher, professor or lecture, including the UN agencies, whom had acknowledge to legally identified that the application of the death penalty doesn't contribute of having any form of deterrence effect, nor does it developed any empirical coherence tendency to deterred or reduce against any future crime-related activity.
Even though, there is an strong adherence evident to deduce upon the widely-spread of misinformation and contradictory interpretation, disseminated as form of the domestic public knowledge or opinion surrounded with regards on issue of the death penalty. Collectively identified within the local level as the main overlapping cross-setting primary challenge, limited the barrier for majority of our local human rights activity/defender in moving ahead to change and shifting the public opinion sentiment on the various provision of international human rights technical sources framework standard related to the death penalty issues.
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