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A second chance for Yong Vui Kong

Published

11 years ago

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November 14, 2013, Singapore – The Singapore Anti-death Penalty Campaign and We Believe In Second Chances welcome today’s decision by Justice Choo Han Teck to spare former drug mule Yong Vui Kong from the gallows. It has always been our position that Yong, a young, first-time offender, deserves a second chance. We are relieved he will not have to pay the ultimate price for his mistake. However his punishment remains a heavy one – Yong will now have to serve a life sentence and receive 15 strokes of the cane.

Today’s verdict was possible because of recent changes to Singapore’s death penalty regime. While we are glad that the amendments have given judges a restricted amount of discretion where they used to have none, we would also like to echo Justice Choo who on October 25, 2013, pointed out that the new law might be problematic in providing defendants a fair process in meeting requirements that need to be fulfilled, before they are eligible for a re-sentencing hearing.

Under the amendments, the death penalty is no longer mandatory for those convicted in drug trafficking cases if the accused is no more than a courier and if the prosecution certifies that he or she rendered substantial assistance to the Central Narcotics Bureau.

The Court only determines whether the two requirements are met after the accused person is convicted.  However, as Justice Choo noted, if evidence relating to whether the accused was a courier is introduced after he is convicted, there is a possibility that this could contradict the court’s original findings or even cast doubts on the accused’s guilt.

Disallowing this evidence on the other hand, might prejudice the accused, making it impossible for him to prove he was just a courier.  Justice Choo suggested that an alternative would be to make it a rule that evidence be produced at trial. However, this puts the accused in a tough position – in order to make the claim that he was just a courier, he must first admit he was trafficking drugs.

Either way, the accused person may potentially be disadvantaged in being able to discharge the burden of showing that the requirements have been met. This is unacceptable, especially since the punishment is mandatory death. We note that this problem would not persist should full discretion be given to judges to decide on the punishment, and we reiterate our calls for this to be so.

We also question whether the caning of those who have already received a life sentence, is necessary. As Yong’s lawyer, M Ravi, pointed out in Court today, his client is “a pale shadow of the person he was four years ago. He has little fat. He is weak and frail.”   Given Yong’s poor health, we hope that the Prison or the Courts will be extra vigilant in meting out any punishment to him. Moreover, it is important to note that only 33 jurisdictions around the world allow the caning of convicted offenders. Most civilised countries consider the punishment to be a barbaric one.

Furthermore, we would like to point out that the deterrent effect of the death penalty over alternative forms of punishment is unproven. Furthermore, the penalty is an irreversible punishment at the end of a process, which is subject to the fallibilities of humans. We may be able to release innocent persons from prison, but we cannot reverse their executions.

Finally, we join Yong’s family in expressing our deepest gratitude to his lawyer, M Ravi, for working so tirelessly and selflessly for his client these past four years. We know it has not been an easy journey and we are glad he never gave up.

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Civil Society

Thailand withdraws reservation on refugee children’s rights, welcomed by UN Human Rights Office

Thailand’s withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.

Published

7 days ago

on

6 September 2024

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The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.

Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it “a significant, positive step” toward aligning Thailand’s laws with international standards. “This move helps protect the rights of all children on the move, no matter their nationality or origin,” Veliko said.

The Thai Cabinet’s decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.

This withdrawal is also expected to strengthen the implementation of Thailand’s National Screening Mechanism (NSM), introduced on 22 September 2023.

The NSM grants the status of “protected person” to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.

The UN has raised concerns over the continued detention of children despite the Thai government’s 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.

Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.

“Children on the move are children first and foremost,” Veliko stressed, adding that detention due to migration status is never in the best interests of children.

The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.

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Civil Society

FORUM-ASIA condemns Myanmar junta’s forced conscription expansion, urges international action

FORUM-ASIA condemns Myanmar’s military junta for expanding forced conscription, calling it a desperate bid to maintain power. The policy, affecting men aged 35 to 60, adds to a long list of human rights violations, including forced labor and the use of civilians as human shields.

Published

1 week ago

on

4 September 2024

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The Asian Forum for Human Rights and Development (FORUM-ASIA) has condemned the Myanmar military junta’s recent decision to expand the age limit of its forced conscription policy, calling on the international community to stand in solidarity with the people of Myanmar.

The move is seen as a desperate attempt by the junta to maintain control in the face of a growing pro-democracy resistance movement.

On 25 August 2024, Senior General Min Aung Hlaing announced the introduction of a new “security system with public participation.”

This system would require men aged 35 to 60 to serve as guards, potentially placing them on the frontlines of conflict. The announcement follows the formation of the Central Supervisory Committee for People’s Security and Anti-Terrorism on 16 August, tasked with organizing military training and overseeing “people’s security and anti-terrorism” groups at various administrative levels.

The junta’s plan builds upon the forced conscription policy it implemented on 10 February 2024, invoking the 2010 People’s Military Service Law.

The law mandates men aged 18 to 35 and women aged 18 to 27 to serve two years in the military, with professionals like doctors and engineers potentially serving up to five years. Those who evade service or assist others in doing so face up to five years in prison. As part of this policy, the junta planned to conscript 5,000 individuals monthly from April 2024.

Civilians as Human Shields and Forced Labor

FORUM-ASIA has condemned the junta’s forced conscription policies, highlighting the military’s history of using civilians as human shields and forcing them into hard labor.

The International Labour Organization’s Commission of Inquiry found in October 2023 that the military continues to impose forced labor amidst the ongoing armed conflict, a practice that has escalated since the 2021 coup attempt.

Local news and human rights groups have reported that the junta is also abducting and arresting citizens to use as human shields, further contributing to the human rights violations in Myanmar. Many youths, rather than being conscripted into fighting for a regime they oppose, have fled their homes to join the resistance.

United Nations Secretary-General António Guterres has expressed concern over the junta’s detention and recruitment of Myanmar youth. Meanwhile, Tom Andrews, UN Special Rapporteur on Myanmar, noted the junta’s increasing use of powerful weapons against civilians as troop losses and recruitment challenges mount.

Call for Action

FORUM-ASIA is calling on the Myanmar military junta to immediately halt its forced conscription, abductions, forced labor, and the use of civilians as human shields.

“FORUM-ASIA urges the international community, including the UN and ASEAN, to thoroughly investigate the Myanmar military junta’s long list of human rights violations. The junta should be held accountable for all its crimes through sanctions and other punitive measures,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

“The international community must urgently isolate the junta and support the people of Myanmar in their struggle for justice and freedom,” Bacalso added.

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