Home Affairs Minister confirms no further disciplinary action against prison officers who unlawfully shared death row inmates’ letters with AGC.
SINGAPORE – Home Affairs Minister K. Shanmugam confirmed on November 13 that no further action will be taken against the prison officers involved in the unlawful disclosure of letters belonging to 13 death row inmates. This decision was made after determining that the officers acted in good faith, and there was no basis for further disciplinary measures.
On October 11, the Court of Appeal found that both the Attorney-General’s Chambers (AGC) and the Singapore Prison Service (SPS) had violated confidentiality and acted unlawfully by exchanging a series of letters sent by the inmates, mostly convicted drug offenders, to external parties, including their lawyers and the Singapore Police Force.
The inmates had filed a civil suit against AGC in July 2021, seeking damages for unlawful practices, breach of confidence, and copyright infringement. However, the court ultimately ruled that the relevant prisoners’ consent, or a court order, should have been obtained before any disclosure of the correspondence. No damages were awarded to the prisoners for the breach of confidence, but the Court upheld a nominal award of $10 in damages for copyright infringement for three of the applicants.
Minister Shanmugam clarified that the letters were shared with AGC to ensure that the legal processes surrounding the inmates’ executions were properly handled, including any potential delays due to ongoing legal proceedings. The officers, according to Shanmugam, believed they were acting appropriately by seeking legal advice to safeguard the inmates’ rights and to ensure due process.
The Minister also noted that since May 2020, the SPS and AGC have adopted a policy requiring prisoners’ correspondence to be sent to AGC only with the prisoner’s consent or a court order. Shanmugam reiterated that while lapses had occurred in this case, the agencies strive to meet legal obligations and will continue to refine their processes to prevent such breaches in the future.
Regarding the protection of attorney-client privilege, Shanmugam emphasized that letters to and from a prisoner’s legal adviser are exempt from copying or withholding under the Prisons Regulations, although security considerations in prison management will always be a priority.
