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Anti-death penalty activist files application to seek declaration that Singapore police abused its powers in investigation

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SINGAPORE — An application has been filed in the Singapore court by an anti-death penalty activist to seek, among other things, a declaration that the police had abused its powers in investigating him for participating in a purported ‘illegal procession’.

Rocky Howe, a member of the Transformative Justice Collective (TJC) filed the application on 23 September over the police investigations that he and fellow TJC member, and independent journalist Kirsten Han were subjected to on 24 June this year.

The police sought their presence at the Bedok Police Station for allegedly participating in two ‘illegal assemblies’ outside Changi Prison earlier this year: once when they sat there with a few others the night before the execution of Abdul Kahar bin Othman, and another time when they took photos with the sign “END OPPRESSION, NOT LIFE”’ two nights before Nagaenthran K Dharmalingam was hanged.

A photo taken outside Singapoare’s Changi Prison on 25 April 2022.

Both Howe and Han went to the police station wearing T-shirts bearing anti-death penalty slogans.

During the interrogation, police officers took issue with the T-shirts that they were wearing. Specifically, the police officers claimed that by walking from the nearby market to the police station in those T-shirts, they had participated in an ‘illegal procession’.

The T-shirts that they were wearing were then confiscated on the spot. Teo Soh Lung, their friend and fellow activist, who was at the waiting area of the police station had to hastily purchase other T-shirts for them to wear instead.

 

On top of seizing their mobile phones, the police also asked Han for her social media passwords, which she refused to give them. Han said when she refused, she was warned that Section 39 of the Criminal Procedure Code (CPC) “might come into play”.

Under Section 39 of the CPC, police officers have the power to access, inspect and check the operation of a “computer” used in connection with an arrestable offence.

Following the social media posts published by Teo and Han made about the interrogations on the same day, the local media approached the Police for comments.

In response to media queries, the Police confirmed that AGC, having reviewed the facts, has advised that Han and Howe did not commit any offences, by reason of the T-shirts they wore when they went for the police interview,”

Taking part in a public assembly without a police permit is illegal in Singapore and is an offence under the Public Order Act. First-time offenders can be fined up to $3,000, while repeat offenders face a fine of up to $5,000.

Police Powers Often Go Unchallenged And Unchecked

TJC, a Singapore Non-Government Organisation, said in a statement that police overreach and harassment of activists and critics of the government are longstanding issues in Singapore, noting that it has intensified in recent years, with the expansion of police powers to search and seize, and a growing arsenal of legislation like POFMA (Protection from Online Falsehoods and Manipulation Act) and FICA (Foreign Interference Countermeasures Act) that can be used to police and punish almost any activity or association the government deems a threat.

TJC also point out how police powers often go unchallenged and unchecked. The Internal Affairs Office, which supposedly investigates police misconduct, is not an independent body, lacks accountability, and operates as a department in the Singapore Police Force.

It noted that Rocky’s court application is a necessary act of resistance in an authoritarian regime that thrives on obedience and compliance of the people.

“Such acts of resistance are rare in Singapore. There are less than a handful of cases where ordinary citizens have sued the police force. In taking out this application, Rocky stands in solidarity with the thousands of ordinary people who, under the PAP government, have been intimidated by law enforcement, detained without trial, forced into exile, imprisoned, fined, sued, bankrupted, had their homes raided and their belongings seized, lost their jobs, and who have been publicly shamed and slandered for daring to dream of a more just, compassionate Singapore, and working towards building one.”

Based on the interviews, it has carried out with persons who have experienced heavy-handedness by law enforcement, TJC expressed its fear that assault under custody, arbitrary detentions, threats of harm, and forced confessions may be routinely deployed, not just by the police but by other law enforcement agencies as well.

“It is almost impossible to verify accounts of abusive behaviour by the police and other law enforcement agencies, as they are extremely opaque institutions that only answer citizen or media queries on their own terms,” said TJC in its statement.

“There are no cameras in police interview rooms and the government has refused to install them despite calls from some activists and opposition politicians to do so. Meanwhile, ordinary citizens are constantly surveilled as they go about their lives, by an exponentially growing number of police cameras.”

It further highlights other troubling issues such as the police not allowing lawyers to be present during the interrogation process of the accused or immediate access to one, which the NGO claims is to make it easier for law enforcement authorities to ride roughshod over ordinary citizens’ basic rights.

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Civil Society

RSF Director General meets Taiwanese President Lai Ching-te, proposes measures to combat disinformation

Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met Taiwanese President Lai Ching-te on 16 October 2024 to discuss measures for strengthening Taiwan’s democracy against disinformation. Bruttin highlighted the importance of media reform, citing Taiwan’s improved press freedom ranking and RSF’s global initiatives.

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Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met with Taiwanese President Lai Ching-te in Taipei on 16 October 2024.

The meeting focused on strategies to bolster Taiwan’s democratic resilience against disinformation. Bruttin was accompanied by key figures from RSF and Taiwan’s leadership, including Secretary-General of the National Security Council Joseph Wu and Deputy Minister of Foreign Affairs François Wu.

The delegation also included notable figures from RSF’s Taipei Bureau, such as Director Cédric Alviani, Advocacy Manager Aleksandra Bielakowska, and Development and Projects Manager Shataakshi Verma.

The talks were held in the context of Taiwan’s rising prominence in global press freedom, with the nation moving from 35th to 27th place in RSF’s 2024 World Press Freedom Index.

Bruttin praised Taiwan’s advancement but emphasised the importance of continued reforms to ensure that Taiwan’s media remains resilient in the face of increasing disinformation campaigns, particularly given the island’s tense geopolitical situation with the People’s Republic of China.

“Taiwan, as a regional leader in press freedom and the only democracy in the Chinese-speaking world, has everything to gain from aligning its media regulations with international standards,” Bruttin stated. He argued that reforms are crucial not only for combating disinformation but also for restoring public trust in the Taiwanese media, which he noted is alarmingly low.

According to recent studies, only three out of ten Taiwanese citizens trust the media, a figure that ranks among the lowest in democratic nations. Bruttin attributed this in part to Taiwan’s polarised and sensationalist media landscape.

During the meeting, Bruttin outlined several key RSF initiatives that Taiwan could adopt to enhance its media environment.

Among these was the Journalism Trust Initiative (JTI), the world’s first ISO-certified media quality standard, designed to promote reliable and transparent journalism.

He also discussed the Paris Charter on Artificial Intelligence and Journalism, which aims to ensure ethical standards in the use of AI within the media.

Additionally, Bruttin introduced RSF’s Propaganda Monitor, a project that tracks and counters propaganda and disinformation worldwide, including efforts by state actors.

Bruttin stressed that implementing these initiatives could help Taiwan build a more transparent and trusted media sector, crucial for democratic stability. He also addressed the role of international platforms, which often dominate local media landscapes, posing a long-term threat to the viability of independent journalism.

Bruttin’s visit coincided with two significant events for RSF in Taiwan.

Firstly, the organisation held its inaugural Asia-Pacific Correspondents Seminar, which gathered regional representatives from RSF for internal discussions on the state of press freedom across Asia.

Secondly, RSF celebrated the seventh anniversary of its Taipei Bureau, which was opened in 2017 to strengthen RSF’s presence in the region. The anniversary reception saw over 200 prominent figures from the media and academic spheres attend, highlighting the increasing significance of RSF’s work in Asia.

Taiwan’s media landscape has long been under pressure due to aggressive efforts by the People’s Republic of China to assert sovereignty over the island. China’s state-sponsored disinformation campaigns are frequently aimed at destabilising Taiwan’s democratic institutions.

These efforts have exacerbated divisions within Taiwan’s media sector, which is already fragmented and prone to sensationalist reporting. Bruttin’s recommendations reflect a broader push to enhance Taiwan’s ability to resist such external interference through robust media governance and public trust-building measures.

Bruttin’s discussions with President Lai follow a similar visit by RSF’s previous Director General, Christophe Deloire, in 2017, when he met with then-President Tsai Ing-wen. RSF has consistently praised Taiwan for its commitment to press freedom but continues to advocate for further regulatory improvements.

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Meta and X served targeted POFMA order after activist’s non-compliance

Meta and X received targeted correction directions under the Protection from Online Falsehoods and Manipulation Act on 11 Oct after activist Kokila Annamalai failed to comply with a correction order. The Ministry of Home Affairs stated her misleading posts claimed the government executes arbitrarily without due legal process and will refer her to the POFMA Office for investigation.

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SINGAPORE: Two social media platforms have been served with targeted correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA) on Friday (11 October), after activist Kokila Annamalai failed to comply with a correction order issued to her last week.

Ms Annamalai received the order on 5 October for misleading posts made on Facebook and X.

In a statement, The Ministry of Home Affairs (MHA) said the posts falsely claimed that “the government schedules and stays executions arbitrarily and without regard for due legal process, and that the State does not bear the legal burden of proving a drug trafficking charge against the accused person.”

MHA noted that an article on the government fact-checking website Factually elaborated on why Ms Annamalai’s assertions were false.

The order mandated that she post a correction notice on the two posts; however, she has not complied.

In light of this non-compliance, the Minister for Home Affairs has directed the POFMA Office to issue a targeted correction direction to Meta Platforms and X.

This order requires the platforms to notify users who have seen the posts that they contain false statements and to provide a link to the Factually article explaining the inaccuracies.

MHA also announced that it would refer Ms Annamalai to the POFMA Office for investigations regarding her failure to comply with the correction direction issued on 5 October.

Earlier, the Anti-Death Penalty Asia Network (ADPAN), an organisation advocating for the abolition of the death penalty in the Asia-Pacific region, was also served with a correction order by the Singapore government under POFMA.

This order, initiated by Minister for Home Affairs and Law K Shanmugam, was in response to alleged false claims made by ADPAN in social media posts on 3 October 2024.

The posts, which were circulated on Facebook, Instagram, and LinkedIn, related to Singapore’s legal processes for death row prisoners and the treatment of activists opposing the death penalty.

They were released just before the scheduled execution of Mohammad Azwan Bohari, a drug trafficking convict sentenced to death for possessing over 26.5 grammes of pure heroin.

While ADPAN has since complied with the correction order by adding a notice to the original posts across its social media accounts, the group has expressed its intention to engage further with the order.

ADPAN reiterated its commitment to its statements and opinions, which it asserts are protected by international human rights law and standards, and expressed solidarity with human rights defenders and groups on the ground.

The organisation also reserved the right to issue additional statements on the matter.

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