Singapore: Imminent Execution: Van Tuong NGUYEN (m), Australian national
PUBLIC AI Index: ASA 36/003/2005
24 October 2005
UA 279/05 Imminent Execution
SINGAPORE Van Tuong NGUYEN (m), aged 25, Australian national
Australian national Van Tuong Nguyen, who has been condemned to death in
Singapore, had his appeal for clemency rejected by the President on 21 October,
and is now facing imminent execution. 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.
BACKGROUND INFORMATION
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.
AI Index: ASA 36/003/2005 24 October 2005