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Is Singapore’s new criminal law threatening human rights?
Singapore passed a law to hold "dangerous offenders" indefinitely, even after they complete their jail sentences.
Singapore's Law Minister K. Shanmugam speaks to Reuters in Singapore July 31, 2019. REUTERS/Edgar Su/File Photo
The legislation applies to those above 21 who are convicted of crimes such as culpable homicide, rape and sex with minors, who are deemed to be at risk of reoffending upon release.
The facts
In a speech in parliament, Law and Home Affairs Minister K. Shanmugam said: “An offender who continues to pose a real danger to others should not be released.” He gave an example of a man jailed for raping his 6-year-old stepdaughter, who, after his release started sexually assaulting his sister’s granddaughter who was 10 in 2015. In 2017, he sexually assaulted the girl’s younger sister who was 9. “We have to deal with these kinds of menace and protect our society,” said Shanmugam.
Singapore anticipates that this legislation will impact fewer than 30 offenders annually. The United States has a comparable law, applicable to sex offenders deemed likely to reoffend, implemented in 20 states, the District of Columbia, and at the federal level.
The arguments
Under the new law, instead of being automatically released upon completing their prison sentences, offenders of concern will now require the approval of the home affairs minister to ascertain that they no longer pose a threat to the public.
A review board, consisting of experts such as retired judges, lawyers, psychiatrists, and psychologists, will advise the minister. The offender, along with their legal representatives, has the opportunity to present their case to the board. Those deemed unsuitable for release will undergo annual reviews.
Despite concerns, the law in Singapore received broad support, including from the opposition party.
Critics of the law expressed reservations, underlining the difficulty of accurately predicting future violence. They cautioned against the risk of over-detaining someone based on a wrong prediction of dangerousness. They also pointed out that judges already have the authority to order consecutive sentences, allowing for extended incarceration, which is a preferable alternative to leaving release decisions to the executive branch.
Human Rights Watch, a non-governmental organization, opposes continued detention laws, asserting that they violate due process rights.
