Young Malaysian Facing Execution in Singapore

Urgent Appeal Updates...

13 October 2010

In the third attempt to save Yong Vui Kong from execution, Mr. Ravi, his lawyer, lodged a petition for judicial review of the clemency process in July 2010. Yong was convicted by the High Court of trafficking heroin in 2007 and sentenced to mandatory death penalty on 14 November 2008.

Mr. Ravi felt “deeply disturbed” by the disapproval of clemency and planned to appeal against it. He added that, ‘We have been sending petitions to the Istana (Office of the President) all these years, but they (the petitions) are not really considered by the President. This is an outrage.”

The High Court dismissed the petition for judicial review on 14 August 2010. Judge Steven Chong reiterated that the President can only act on the advice given by the Cabinet. Attorney-General Mr. Walter Woon had said that “although in theory it is the President who exercises the prerogative of mercy, in fact it is the Cabinet who makes the decision”.

Urging clarification of presidential powers, Mr. Ravi called on the President to convene a constitutional court, and has decided to launch a petition to press for it.

Yong’s sentence was once again delayed although the petition for judicial review was dismissed. On 13 August 2010, Judge Steven Chong announced that Yong was allowed more time to appeal to the President for clemency until the Court of Appeal reaches a decision. The original deadline for Yong’s clemency petition was on 26 August 2010.

The Malaysian government had been silent about his case until Md Hussin Nayan, a representative from the Malaysian High Commissioner's office, visited Yong in June 2010. Mr. Ravi was “hopeful that Malaysia would intervene in this matter.”

Yong Vui Kong, a 22-year-old Malaysian coming from a poor family, had been ordered by his “boss”, the gang leader, to bring things across the border several times before getting arrested when he was 19. Despite imprisonment, he has been studying languages and converted to Buddhism. Civil society urged the Singaporean government to give Yong a second chance in life and to repeal the mandatory death sentence. In support of the local campaign for clemency for Yong Vui Kong, ACPP issued SUA091110(1) in November 2009.

Sources: Straits, The Online Citizen, Malaysiakini.TV

10 June 2010

Chief Justice Chan Sek Keong and Justices Phang and Rajah of Singapore's Court of Appeal dismissed Yong Vui Kong’s appeal on 14 May 2010. Yong, the 22-year-old Malaysian arrested in June 2007, was charged of drug trafficking which bring mandatory death penalty. In the past 3 years, Yong has been appealing against his death sentence, which only led to a temporary stay of execution in December 2009, upon recognition by Singapore Court of Appeal that mandatory death sentence is considered a cruel, degrading and inhuman punishment in other countries. The last day for Yong to file clemency petition will be on 28 August 2010.

The mandatory sentence has been criticized that it would deprive a judge of discretionary power to take mitigating factors into account. In response, the Minister of Law, K Shanmugam, justified the mandatory death penalty for drug traffickers, arguing that it would be wrong if [the accused] got off cheaply because of mitigating factors [like being young].

"We are sending a signal to all the drug barons out there: Just make sure you choose a victim who is young, or a mother of a young child, and use them as the people to carry the drugs into Singapore," the Minister said.

Meanwhile, Singapore anti-death penalty campaigners are working with human rights groups and lawyers in Kuala Lumpur to create awareness and appeal against the death penalty of the Malaysian citizen.

Singapore has a mandatory death sentence for anyone aged 18 or over who is convicted of carrying more than 15 grams of heroin. In support of local campaign for amnesty for Yong Vui Kong, ACPP issued SUA091110(1) in November 2009.

Sources: http://statutes.agc.gov.sg, Channelnewsasia.com, Earthtimes.org, Straits Times

31 March 2010

The verdict of Yong Vui Kong's appeal was once again postponed. Yong, the 22-year-old Malaysian, was subjected to mandatory death penalty by the Singaporean government for drug trafficking.

In the hearing on 15 March 2010, lawyers representing Yong Vui Kong argued that the death sentence has violated international standard and human rights laws; and the mandatory sentence was unconstitutional that it deprived a judge of discretionary power to take mitigating factors into account. In response, the prosecution, led by Attorney-General Walter Woon, said that if there was to be any change to the law on mandatory death penalty, it could only be decided by the legislature, but not the judiciary. He added that Yong had been given every chance to put forward his case as he has exercised his rights to appeal and to file a clemency plea, which was rejected by the President in November 2009.

After almost 3 hours of hearing, the Court of Appeal announced that it would deliver its decision on Yong Vui Kong's case later, without saying the exact date.

In Singapore, there is a great decline in the use of death penalty since the country got the highest execution rate in the world in 1990s, but the government resists any changes to the law of death penalty, as well as the mandatory one.

To oppose mandatory death penalty and to raise concern on Yong Vui Kong, ACPP issued SUA091110(1) on 10 November 2009.

Sources:
guardian.co.uk, todayonline.com, singaporelawwatch.sg

30 January 2010

The young Malaysian, Yong Vui Kong, has been detained for two years since he was arrested on drug trafficking in 2007.

Yong was 19 when arrested by Singaporean officers from the Central Narcotics Bureau and charged with trafficking heroin. Yong was convicted under the Misuse of Drugs Act, which provides that anyone found guilty of illegally importing, exporting or trafficking more than 15 grams of heroin will automatically receive a mandatory death sentence, and sentenced to death in January 2009. Lawyers and civil societies have been striving to appeal for Yong Vui Kong.

On 2 December 2009, Yong’s lawyer, Mr Ravi, asked the court to treat Yong's previous withdrawal (on 29 April 2009) of appeal as a nullity on the ground that the withdrawal was made mistakenly based on wrong advice or misapprehension and his poor mental status. Mr. Ravi also reiterated that the mandatory death sentence was arbitrary and cruel according to international law. The Judge ordered a stay of the execution of the death sentence, pending that hearing.

On 8 December, Yong Vui Kong was granted a further extension of stay to have his appeal heard. After hearing arguments from both sides, the three judges agreed with his lawyer that Yong had a right to have his appeal considered by the courts. The time of the hearing for his appeals was not decided but it is believed that it would take place in March 2010. In other words, Yong will not face execution until his appeal gets heard.

It is important for the Singapore authorities to feel the weight of concern from the international community on this case. Therefore, ACPP sent an Urgent Reminder on SUA091110(1) to remind the urgency to write to the authorities as soon as possible.

Civil societies in Singapore are making effort to appeal for clemency for Yong Vui Kong. For example, the Singapore Anti-Death Penalty Campaign has sent 3 appeals urging commuting of his death penalty but all of them were rejected by the President.

Singapore has one of the highest rates of state-sanctioned executions in the world. Anti-Death Penalty campaigners have highlighted the shortcomings in the law and in the procedures in determining guilt. Moreover, the mandatory death penalty reveals the over-power of state. The case of Yong has manifested that the provision of mandatory death sentence deprived the courts of the discretion to weigh the evidence in capital cases in order to consider mitigating circumstance. (For the story of Yong Vui Kong, please visit: <http://vodpod.com/watch/2647757-lianain-films-the-story-of-yong-vui-kong> )

Disappointingly, the case of Yong Vui Kong was not covered by the mainstream media in Singapore. Forums and activities conducted by local anti-death penalty campaigners have gone unmentioned. The mandatory death penalty deprives the courts of their legitimate jurisdiction to exercise their discretion not to impose the death sentence in appropriate cases. However important the issue is, the vast majority of Singaporeans haven’t been given an opportunity to debate whether the young Malaysian should be put to death.

To support the local efforts against death penalty, ACPP has issued SUA091110(1) to express concern that due to mandatory the death penalty, the court had no discretion to the cases, and urge the government to the grant Yong Vui Kong clemency.

Sources:
www.amnestyusa.org, http://singabloodypore.rsfblog.org, local source

8 December 2009

Urgent Reminder! SUA(1) – SINGAPORE: Emergent Development

Dear friends,

Greetings from ACPP-Hotline Asia!

This is an urgent reminder for the recent Special Urgent Appeal SUA091110(1) which calls the Singapore President to grant clemency to a Malaysian youth sentenced to death for drug trafficking – an offence that carries mandatory death penalty without any consideration of the circumstances of the accused.

We thank those who have already responded. We would like to request you to follow-up your letter with the authorities, in view of the recent development.

An appeal against the execution of Yong Vui Kong was made on the basis of his right to appeal at the highest court, Court of Appeal, and the recognition that mandatory death sentence is arbitrary and cruel. The hearing of the final decision was scheduled on 8 December, which was expected to make the final decision if he would be hanged on Friday, 11 December or not. Surprisingly, the verdict was once again postponed and will probably take place in 2 months, according to the source. Details will be notified in the upcoming UA Updates.

Local groups reiterate that it is important for the Singapore authorities to feel the weight of concern from the international community on this case. Therefore, it is a critical moment to enhance your appeal for clemency for Yong Vui Kong. For those who have not yet responded to the appeal, we are reminding the urgency to write to the authorities as soon as possible.

Send letters or faxes to:

President of Singapore

His Excellency SR Nathan

Office of the President
Istana, Orchard Road
Singapore 0922
Fax: (65) 6735 3135
Email: s_r_nathan@istana.gov.sg

Send copies to:
Prime Minister LEE Hsien Loong and The Cabinet
Orchard Road
Istana Office Wing
Singapore 238823
Fax : (65) 6332 8983
Fax: (65) 6835 6261 (The Cabinet)
Email: lee_hsien_loong@pmo.gov.sg

(for other addresses, please see the SUA appended below)

The President is the authority that can grant clemency upon the advice of the Prime Minister and his Cabinet. Kindly send your letter to both 1) the President and 2) the Prime Minister and his Cabinet as they influence each other bilaterally.

Your letters can also serve as a reminder to the authorities about the injustice of mandatory death penalty for drug traffickers and that death penalty is not an effective deterrent in this case if the head of drug dealers remain unpunished.

The UA and printable signature form can be found at:
http://acpp.org/uappeals/2009/signature form 091110s1.pdf (PDF)or
http://acpp.org/uappeals/2009/signature%20form%20091110s1.doc (Word).

Besides writing letters to the authorities, you can also help spread the message of this injustice in the following ways:
- translate the UA into your local language;
- share the information with your friends and network and invite them to receive UAs;
- collect signatures in support to the UAs; and
- use the information in group discussions, training, prayer intentions and other activities.

Thank you for your continued support. Please share with us your action, it adds value to the peace effort.

ACPP