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Tin Tức : LIÊN
HIỆP QUỐC KÊU GỌI SINGAPORE NGƯNG XỬ TỬ NGUYỄN TƯỜNG VÂN
Posted by
Admin
on 2005/11/16 2:45:16
(Vietland-news)
Ủy Ban Nhân Quyền của Liên Hiệp Quốc đă chính thức yêu cầu chính phủ
Singapore hăy ngưng xử tử Nguyễn Tường Vân , Liên Hiệp Quốc cho biết nếu
Singapore cho xử tử Nguyễn Tường Vân là vi Phạm Luật cơ bản Quốc Tế " The
execution of Nguyễn Tường Vân violate international legal standards (UN)".
"Chính phủ Singapore cho rằng sự trừng phạt là chuyện bắt buộc, điều nầy đă
ngăn cản tiến tŕnh của ṭa án, làm cho sự h́nh thành của một bản án theo
từng trường hợp thêm khó ra (UN)".
“Singapore making such a penalty mandatory - thereby eliminating the
discretion of the court - makes it impossible to take into account
mitigating or extenuating circumstances and eliminates any individual
determination of an appropriate sentence in a particular case,” "Những
trường hợp đặt biệt đi ra ngoài hệ thống Luật , bán án qúa tóm lược phải
thông qua điều lệ của Liên Hiệp Quốc dựa trên yếu tố Nhân Quyền mà các nước
đă kư.
Ông Philip Alston cho biết. " Một nước mà chỉ có luật Trắng hoặc Đen th́
không hợp lệ cho trường hợp xử một tội liên quan đến mạng sống con người.
"Một khi Singapore đă tử h́nh rồi th́ cuộc diện không thay đổi ngược lại
được" Đại diện cho Liên Hiệp Quốc về Nhân Quyền , ông Alston cho biết thêm
là chính phủ Singapore trong quá khứ đă từng tuyên bố là chuyện tử h́nh được
ưu tiên đặt ra, đó có phải là quyền của mỗi quốc gia muốn làm ǵ theo ư họ
không?.
Thật ra đó la quyền của mỗi quốc gia chọn cho họ một thứ h́nh luật riêng,
duy có điều, những luật lệ đó phải đúng với những yếu tố về Luật Nhân Quyền
, luật cơ bản của Quốc Tế đă thỏa hiệp chung. Ông Philip Alson nói tiếp là
"Hệ thống kháng án của Singapore đă không được công bằng , trong qu'a khứ
cho tới nay, hệ thống nầy đă từ chối tất cả những người nào đă xin kháng án
!" Câu nói bất hữu của những tiền nhân viết ra luật pháp từ Anh Quốc có câu
"Không có một ṭa án Quốc Tế Nhân Quyền Nào trên thế giới đă công nhận một
chế độ "Bắt Buộc phải xử tử" thích hợp với đạo đức Nhân Quyền trên thế giới
"
“No international human rights tribunal anywhere in the world has ever found
a mandatory death penalty regime compatible with international human rights
norms.” một bộ luật mà lâu nay Singapore đă xử dụng. Ông Alston ke^u gọi
Singapore hăy có những bước cần thiết để tránh chuyện xử tử (Nguyễn Tường
Vân) v́ như vậy là đi ngược lại những điều luật Nhân Quyền của Liên Hiệp
Quốc."
http://omekanahuria.blogspot.com/2005/10/stop-this-state-sponsored-murder.html
But the
verdict that Nguyen was trafficking into Singapore is a nonsense. He
was arrested in the airport transit lounge while preparing to board a
plane for the second leg of a journey from Cambodia to Australia. He
had not passed through Singapore immigration and he had no intention
of entering Singapore. Even neighbouring Malaysia — which has hanged
three Australians for drug trafficking since the 1980s — acknowledges
a legal distinction between people who formally enter a country and
those who are merely in transit (those found with drugs in transit
face a relatively modest jail sentence).
Nguyen's lawyers did not pursue this obvious defence because the
Singapore courts — which adopt the airs and trappings of their British
colonial ancestry but are in practice a deeply politicised law unto
themselves — have flatly refused such arguments in the past.
The trial itself and the subsequent failed appeal were also flawed.
The judges ignored evidence that might well have brought an acquittal
in the Australian courts, or other properly independent jurisdictions.
The Singapore judges ignored evidence that the arresting and
investigating police had themselves broken the law by denying Nguyen
Australian consular support before he was interrogated, and had failed
to secure the evidentiary drugs that showed significant and
unexplained variations when weighed at different times. No action was
taken against a senior police officer who gave contradictory
testimony.
The trial judge also brushed aside a compelling defence argument that
mandatory death sentences — which have helped create a
world's-worst-practice of 400 people executed in Singapore since the
early 1990s — are a violation of international human rights standards.
Singapore's mandatory sentencing regime also meant no consideration
could be given to mitigating circumstances or the character of the
defendant. And there was plenty that should have been heard.
Born in a refugee camp in Thailand and raised by a struggling single
mother in Melbourne, Nguyen was not a drug addict, a drug trader or
even an avaricious "mule" for a drug syndicate. Naive and desperate,
he was pressured into making the trip to Cambodia to repay substantial
debts owed by his twin brother to loan sharks. Nguyen and his family
were threatened before he left Australia.
In the end, Singapore's uncompromising policy on mandatory sentencing
made a conviction virtually inevitable, but last week's failure of the
petition for a presidential pardon — Nguyen's last lifeline — has
raised more disturbing issues.
While the Federal Government gave strenuous support to the application
for a pardon, including a personal plea by Howard to Prime Minister
Lee Hsien Loong during a visit to Singapore earlier this year,
Canberra's increasing ambivalence about capital punishment surely
undermined the credibility of its argument.
What is left of principle when one day Australia's Government cheers
the death penalty for Bali bombers, on another its police assist in
sending accused drug runners to face the death penalty abroad and the
next it tries to argue against a hanging on humanitarian grounds?
The refusal of a pardon to Nguyen, dictated by the Singapore cabinet,
now stands as a stinging diplomatic rebuff to Howard personally and
Australia as a whole. And this from a nation that is supposed to be
our best friend in South-East Asia and the neighbour with which we
have the strongest strategic, commercial and personal links.
The Prime Minister and the Foreign Minister now solemnly shake their
heads and lament there is nothing more that can be done. But there is
plenty that can be done by Australians who believe state-sanctioned
killing — however odious the crime — has no place in a civilised
society.
They can boycott Singapore-owned companies such as Optus and Singapore
Airlines, they can take their shopping holidays elsewhere, they can
protest against the thousands of Singapore military who train on
Australian soil and they can start flying to Europe via Bangkok — not
a bad idea when a visit to the transit lounge at Changi Airport can
finish in a cell at Changi prison.
Mark Baker is
opinion editor. He was Asia editor, based in Singapore, from 2001 to
2004 and reported the arrest and trial of Nguyen Tuong Van.
http://www.geocities.com/law4u2003/nguyentuongyan.htm
poor
boy! he is of the same age with my youngest son!
http://singabloodypore.blogspot.com/
http://www.drugsense.org/dsw/2005/ds05.n389.html#sec5
http://www.news.com.au/story/0,10117,17145979-954,00.html
http://singabloodypore.civiblog.org/
Singapore rejects to
reconsider planned execution of Australian heroin trafficker
by
Steven on November 15, 2005 12:24PM (GMT)
12:33 2005-11-15
Australian Foreign Minister Alexander Downer said Tuesday that he urged
Singapore to reconsider the planned execution of an Australian heroin
trafficker, but was told that the decision was irreversible. Downer said
he met Singaporean Foreign Minister George Yeo late Monday on the
sidelines of the APEC ministerial meetings in the South Korean port city
of Busan to plead for the life of Vietnam-born Nguyen Tuong Van, 25, who
is expected to go to the gallows within a month.
Downer said he was pessimistic about Nguyen's fate.
Yeo explained Singapore's decision and said his government considered
Australia's plea, Downer told reporters.
"But in the end he said that the decision of the Singapore Cabinet has
been made, the decision of the president has been made and those decisions
are irreversible," Downer said.
"I will always do my best to try to save the life of this Australian," he
said, but added that he did not want to raise false hopes. "It's not only
wrong for me to do that, it's cruel to do that."
Nguyen was arrested at Singapore's Changi Airport in 2002 while flying
from Cambodia to the southern Australian city of Melbourne with 396 grams
(14 ounces) of heroin strapped to his back and in his luggage.
Australian officials have told Singapore that Nguyen could become a
crucial witness in any prosecution of drug traffickers, but Singapore said
his offense was serious and it would remain firm on its tough position
against drug trafficking.
Singapore has said it would be hard to explain to its people why Nguyen
should be exempted from that policy, Downer has said.
Australia's Labor Party leader Kim Beazley has urged Prime Minister John
Howard to ask his Singaporean counterpart, Lee Hsien Loong, to reconsider
the execution when they meet at the annual APEC summit this week. Downer
said Howard might raise the issue, but declined to elaborate.
Downer refused to answer when asked if Yeo informed him of the execution
date but said it would be in the "short term."
"I, at this stage, don't have any other angles that I can pursue but I'm
happy to take advice and hear other ideas and I'll always continue to push
the case until the last moment," he said. "But I'm quite pessimistic about
it,” reports the AP.
I.L.
http://www.thecouriermail.news.com.au/printpage/0,5942,17145979,00.html
http://www.msnbc.msn.com/id/9957853
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