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HUMAN RIGHTS FOR EACH PERSON REGARDLESS OF AGE, RACE, RELIGION OR POLITICS
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LATEST NEWS
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Singapore: Urge authorities to stop the execution of Van Tuong Nguyen
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Van Tuong Nguyen is facing imminent execution following the rejection of his
appeal for clemency by the President of Singapore on 21 October. A date has
not yet been announced, although the hanging is likely to be carried out
within weeks.
An Australian of Vietnamese origin, Van Tuong Nguyen was arrested at
Singapore's Changi airport in transit from Cambodia to Australia in December
2002, after police found a package of heroin strapped to his back and a
second package in his backpack.
In March 2004 Van Tuong Nguyen, a former salesman, was sentenced to death
for importing 396.2 grams of heroin into Singapore. He was convicted under
the Misuse of Drugs Act, which carries a mandatory death sentence for anyone
found guilty of trafficking in more than 15 grams of heroin. In October 2004
the Court of Appeal rejected his appeal against the death sentence.
Van Tuong Nguyen, who had no previous criminal record, was born in a refugee
camp in Thailand and moved to Australia with his mother and twin brother
when he was six months old. He told investigating officers that he had
agreed to carry the drugs in order to pay off debts owed by his twin brother
He said he did not know how much he was being paid for the trip. It was his
first trip outside Australia. Since his arrest he has shown remorse and
cooperated fully with the authorities. The Australian Federal Police have
confirmed that, while in custody, Van Tuong Nguyen assisted their
investigation into the international drugs syndicate for which he had worked
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Background information
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There is usually very little public debate in Singapore about the death
penalty, partly as a result of tight government controls on the press and
civil society organisations. However, the case earlier this year of
Shanmugam s/o Murugesu, who was sentenced to death after he was found in
possession of just over one kilogram of cannabis, sparked unprecedented
public discussion. In April and May, local activists organised a public
forum, petitions, vigils and other events to campaign for Shanmugam's life
to be spared, and to raise awareness in Singapore about the cruel and
arbitrary nature of the death penalty. The authorities refused to allow an
Amnesty International representative who attended the public forum to
address the meeting. Shanmugam was hanged on 13 May. His lawyer was
reportedly subjected to attacks on his character in government-controlled
newspapers over his work on the case.
In April, the Singapore Law Society Gazette published a commentary on Van
Tuong Nguyen's Appeal Court decision, arguing that there was "light on the
path" because "it is now open to an accused to show ... that a mandatory
death sentence is cruel and inhuman punishment under customary international
law".
Singapore, with a population of just over four million, has the highest per
capita execution rate in the world. More than 420 people have been executed
since 1991, the majority for drug trafficking. The Singapore government has
consistently maintained that the death penalty is not a human rights issue.
The Misuse of Drugs Act provides for a mandatory death sentence for at least
20 different offences and contains a series of presumptions which shift the
burden of proof from the prosecution to the defence. Prisoners facing
execution may be granted clemency by the President, but this is extremely
rare.
Amnesty International opposes the death penalty in all cases as a violation
of one of the most fundamental of human rights: the right to life. It is the
ultimate cruel, inhuman and degrading punishment and there is no escaping
the risk of error, which can lead to the execution of an innocent person.
The UN Special Rapporteur on extrajudicial, summary or arbitrary executions
has called for the death penalty to be eliminated for drug-related offences.
In April 2005, the UN Commission on Human Rights (UNCHR) renewed calls upon
all states that retain the death penalty to abolish it completely and, in
the meantime, to establish a moratorium on executions.
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Recommended action:
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Please send appeals in English to arrive as quickly as possible:
urging the Cabinet to reconsider the decision to refuse clemency in the case
of Van Tuong Nguyen, and commute his death sentence;
urging them to impose a moratorium on executions, with a view to complete
abolition, in line with the April 2005 UN Commission on Human Rights (UNCHR)
resolution on the question of the death penalty;
noting that the UNCHR has urged states which still maintain the death
penalty not to impose it as a mandatory sentence, or for crimes without
lethal or extremely grave consequences.
Appeals to
Prime Minister LEE Hsien Loong Prime Minister's Office Istana, Orchard Rd
Singapore 238823 Fax: 0015 65 6332 8983 Email: lee_hsien_loong@pmo.gov.sg
Salutation: Dear Prime Minister
Minister of Law Prof. S. Jayakumar Ministry of Law 100 High Street The
Treasury #08-02 Singapore 179434 Fax: 0015 65 6332 8842 Email:
jayakumar_s@mfa.gov.sg Salutation: Dear Minister
Attorney General Chan Sek Keong Attorney General's Chambers 1 Coleman Street
#10 00 Singapore 179803 Fax: 0015 65 6332 5984 Email: agc@agc.gov.sg
Salutation: Dear Attorney General
Copies to
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Recommended wording for appeal
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His Excellency Joseph Koh High Commissioner High Commission of the Republic
of Singapore 17 Forster Crescent YARRALUMLA ACT 2600
Your Excellency
I am appealing to your Cabinet to urgently reconsider granting clemency to
Australian man Van Tuong Nguyen who will otherwise be executed for drug
trafficking.
I believe the death penalty is the most cruel and inhumane punishment and is
an appalling abuse of the most fundamental human right - the right to life.
Van Tuong Nguyen is a young man with no prior criminal conviction who does
not deserve to pay the ultimate price for this mistake.
I understand under Singapore's Constitution, clemency can be granted in rare
circumstances and that Van Tuong Nguyen's case fits the criteria - I believe
he has always shown remorse, confessed at the earliest opportunity and
cooperated fully with the Singaporean authorities and the Australian Federal
Police.
I urge your government to show compassion and grant clemency to this young
man.
Yours sincerely
PLEASE SEND YOUR APPEALS IMMEDIATELY.
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