Alan Shadrake

Mobylives has been following the story of Alan Shadrake, British journalist and author, who was being tried in Singapore for “scandalising the judiciary” with his book Once a Jolly Hangman: Singapore Justice in the Dock.

According to a report in the Guardian (UK), the 75-year-old Shadrake has now been fined, and sentenced to 6 weeks in prison. They go on to explain the point at issue with the judiciary:

The central theme of the book is Shadrake’s claim that Singapore’s legal system does not accord equal treatment to those suspected of capital offences. The death penalty is mandatory for a number of offences including murder and possession of drugs over a certain amount. In Singapore, as a result, he asserts that the question of who lives and who dies is an arbitrary lottery.

He explains that this is because the manipulation and decision-making takes place at the time of investigation and prosecution. Those who are rich, powerful or likely to have the backing of a significant trade partner escape charges that carry the death penalty. Those who have no influence behind them are charged with capital crimes, convicted, sentenced to death and executed.  If his analysis is correct, it makes a mockery of the claim that the law is applied equally to all and without discrimination.

Singapore has one of the highest per-capita execution rates in the world, and Shadrake’s book points to the dangers of their capital punishment system. Amnesty International and other human rights organizations have decried Singapore’s policies for years, and are actively protesting the jailing of Shadrake.

The Guardian goes on to point out two important issues raised by this case:

First, the power to punish a person for contempt on the ground of “scandalising the court” is in many parts of the world a rare offence. Legitimate criticism of judicial conduct is protected by the right to free expression and in turn strengthens public confidence….

The prospect of judges punishing someone in the matter of a book criticising the legal system creates a very dangerous precedent. The judiciary should not be judges in their own cause. To convict a man for writing a book of this nature, and furthermore to imprison him, fails to deal with the issues he has raised.

Shadrake’s case and jailing have brought much needed attention to this important issue. It remains to be seen whether enough pressure will be brought to bare on the Singaporian government to change their system for the better.