Nov. 30
MEXICO:
Mexican Court Overturns Extradition Ban
Mexico's Supreme Court ruled Tuesday that suspects facing life in prison
can be extradited, overturning a 4-year-old ban that had prevented many of
the country's most notorious criminals from being sent to the United
States.
A 1978 treaty with the United States allows Mexico to deny extradition if
a person faces the death penalty - a restriction that still stands under
Tuesday's ruling. But the ruling overturns a 2001 the Supreme Court
decision that blocked extradition of suspects facing life in prison
without the possibility of parole.
Capital punishment has been banned by Mexico's constitution since June and
was only rarely applied for decades before that. Life sentences are also
rare.
The high court took up the issue after the government of the northern
state of Chihuahua modified its penal code to include life sentences in
convictions involving homicide and kidnapping.
Tuesday's ruling also declared Chihuahua's state law constitutional,
setting a precedent that could allow for more life sentences.
Judges ruled 6-5 to throw out the life without parole restriction, but
their ruling will not ease extradition restrictions for suspects who could
face the death penalty, a court spokesman said.
He said the ruling will apply to all suspects captured in Mexico -
including U.S. citizens who commit crimes, then flee south of the border.
"This is a landmark legal decision that clears the way to return murderers
to face justice here in the United States, where they committed their
crimes," said Los Angeles County District Attorney Steve Cooley, who
estimated that as many as 3,000 murderers have fled the U.S. to Mexico to
avoid prosecution.
During a full high court session, 10 judges normally vote. In the case of
a tie, chief justice Mariano Azuela is called upon to cast the deciding
vote.
The 2001 ban kept many of the country's top drug lords and other notorious
suspects in Mexico - and out of reach of U.S. authorities.
In one of the latest cases, Raul Gomez-Garcia was caught in Mexico in June
after being accused of killing a Denver police officer. Denver District
Attorney Mitch Morrissey brought second-degree murder charges against
Gomez-Garcia because a 1st-degree charge could have blocked the
extradition by allowing life imprisonment or the death penalty.
The U.S. Embassy had no comment on Tuesday's ruling.
The federal attorney general's office is considering U.S. extradition
requests for Benjamin Arellano Felix, the reputed head of the
Tijuana-based cocaine- and marijuana-smuggling syndicate bearing his
family's name.
U.S. prosecutors are also seeking to try Osiel Cardenas, who authorities
say ran the Gulf cartel and was responsible for moving thousands of tons
of cocaine and other narcotics across the Texas border.
Despite Tuesday's ruling, Mexican law still requires that suspects be
tried first in this country before being sent abroad for new trials.
(source: Associated Press)
AUSTRALIA:
Australian Senate passes resolution opposing death penalty in shadow of
Van Nguyen execution
The Australian Senate passed a resolution "opposing the death penalty" in
response to the looming execution of Van Nguyen, the Australian man found
to be trafficking drugs through Singapore, which has a mandatory death
sentence policy in regards to drug trafficking matters.
There was some argument in the Senate however over the exact wording of
the resolution -- the motion as originally moved by Senator Bob Brown of
the Australian Greens had said "abhorrence of the death penalty", to which
the Government Minister for Justice and Customs Chris Ellison moved to
amend the substitute "opposition to" in place of "abhorrence of".
Green members and Australian Democrat members were angered at this, with
Senator Brown saying that "Should we just say, 'We oppose that but we
don't abhor it'?" and asked "Is trade so important that we cannot speak
our mind on utterly important matters of life and death[?]". There was
confusion to whether the Australian Labor Party supported the Government
amendment, but during Senator Natasha Stott Despoja's speech their
opposition to the amendment was made clear. She had noted before that
"What is wrong with this place? How can two major parties be such wimps
and wimp out on this word? If 'wimp' is considered inappropriate, I could
say 'weak', 'timorous' or 'ineffectual'" but later apologised to the Labor
Party and redirected her criticism to the Government.
Senator Ellison had noted later that "When you look at international
instruments, you do not often find the language of emotion. You do not
often find language which is colourful or extreme. You find language which
spells out the situation." and that "We should not bring emotion into the
debate which could well hamper other efforts being made in relation to the
Van Nguyen matter."
A division on the amendment was called and the motion was amended in the
Government's favour 34 to 30. The motion as amendment was carried on the
voices (without having to resort to a divison).
(source: RedBolivia.com)
SINGAPORE:
Singapore Death Row Man Denied Hug with Family
An Australian drug courier who is due to be hanged in Singapore on Friday
has not been allowed to embrace his mother or twin brother and will not
donate his organs for transplant, his lawyer said on Wednesday.
Nguyen Tuong Van, a 25-year-old salesman from Melbourne who was caught
with 400 grams (0.9 lb) of heroin while in transit in Singapore, has not
heard whether he will be able to have physical contact with his family
before he dies, lawyer Lex Lasry said.
``There is just no basis on which the family shouldn't be consoled with at
least some level of physical contact with a brother and son,'' Lasry told
reporters as he emerged from an 80-minute visit with Nguyen in Changi
prison.
Prisoners on death row in Singapore are separated from visitors by a thick
pane of glass and have to communicate via telephone, according to a 2004
Amnesty International report about the death penalty in Singapore.
Amnesty also said that about four days before the execution date prisoners
are allowed extra visits from relatives, but that no physical contact is
permitted at any time before the execution.
Singapore's prison service would not immediately comment.
As a special concession in their last 4 days, prisoners are allowed to
watch TV or listen to the radio and are given meals of their choice,
within the prison's budget, Amnesty said.
Nguyen's mother, Kim Nguyen, arrived at the prison in the afternoon,
holding hands with Nguyen's twin brother, Khoa.
"She is very distressed. But I think she realizes that this is something
she has to come to terms with," said Lasry.
The family has made no public comments in the past few weeks.
Asked whether Nguyen would be donating his organs for medical use, Lasry
said: "I am confident there won't be any donation."
On Monday, executioner Darshan Singh told Reuters convicts on death row
can chose whether or not to donate their organs.
Death by hanging does not damage vital organs, unlike execution by lethal
injection, Singh said.
It is not clear who will execute Nguyen after Singh said on Sunday he had
been sacked and would not be required for further executions after
speaking to the Australian media.
Nguyen will be executed by "long-drop hanging," an execution method
inherited from British colonial days.
Long-drop hanging was introduced in the late 19th century as a more humane
form of hanging compared to the short-drop hangings that are still
practiced in some countries. Convicts drop several feet and die when the
spinal cord snaps, not by asphyxiation.
The Amnesty report said that about 420 people had been hanged in Singapore
since 1991, mostly for drug trafficking, giving the city-state of 4.4
million people the highest execution rate in the world relative to
population.
The Australian government has made repeated appeals for clemency, with
Prime Minister John Howard talking to his Singaporean counterpart 5 times.
But Singapore has stood firm, saying Nguyen was caught with a large amount
of heroin and that the government would not allow Singapore to be used as
a transit for illicit drugs.
(source: Reuters)
*************************
Outcry over death penalty blurs line between fact and fiction: High
Commissioner
Singapore's High Commissioner in Australia Joseph Koh said the outcry over
the death penalty for drug trafficker Nguyen Tuong Van had made it
difficult to separate fact from fiction.
He was asked by the Melbourne paper The Age to contribute an opinion
piece.
In an article published in The Age and The Sydney Morning Herald on
Wednesday, he noted that many Australians strongly oppose Singapore's
decision not to commute the death sentence.
While he respected these views, some facts remained.
For instance, contrary to some beliefs, Singapore has not breached any
international law as there isn't any international agreement to abolish
the death penalty.
And while some Australians feels the death penalty has not deterred drug
trafficking, statistics in Singapore show otherwise.
Mr Koh also refuted arguments that the Australian drug trafficker was an
unsuspecting victim.
While Nguyen may not be a hardened criminal, he is not an unsuspecting
victim either.
He knew what he was doing and the penalty if caught.
Had he succeeded, Nguyen would have made a lot of money.
Some have also pleaded for leniency for Nguyen as they believe he can
testify against the drug syndicates.
But Mr Koh said the information that Nguyen provided was in fact intended
to mislead and delay investigations by the authorities.
Responding to allegations that Singapore connives with drug lords in
Myanmar by investing in the Myanmar Fund, Mr Koh said Singapore had made
clear its investments in Myanmar were open and above board.
Stressing that Singapore values its good relations with Australia, Mr Koh
added that both countries shared a common belief in the sanctity of the
law.
The High Commissioner said Australians who oppose the death sentence on
Nguyen would not agree with everything he has said.
But he hoped they would accept that the Singapore government had a
responsibility to protect the many lives that would otherwise be destroyed
by the drug syndicates, and to prevent Singapore from becoming a conduit
for illicit drugs in the region.
Mr Koh said Singapore was touched by the pain and anguish of Nguyen's
mother, but if it wavered in its firm position against drug trafficking,
many more families would be shattered.
However, when Mr Koh's article appeared in The Age on Wednesday, the title
was changed by the editors.
Mr Koh said: "Instead of using my original title 'Separate Fact from
Fiction', they say why Nguyen must die and this was attributed to me and I
thought this is a bit underhanded. I think it is dishonest to put words in
my mouth. I expressed my disgust over such tactics. I have sent a message
to all the other Australian media to say this was what happened. Some of
the TV stations have reported that the Singapore High Commission is not
happy with the way they have treated my article."
Nguyen's execution has been scheduled for Friday December 2.
(source: ChannelNewsAsia)
******************
Drug runner 'deserves' the death penalty
NGUYEN Tuong Van's fate was sealed yesterday when Singapore's hardline
leader ruled out a last-minute reprieve from the gallows.
Prime Minister Lee Hsien Loong said the young Melbourne drug trafficker
would hang at dawn Friday.
"We think that drug trafficking is a crime that deserves the death
penalty," Mr Lee said.
"The evil inflicted on thousands of people with drug trafficking demands
that we must tackle the source by punishing the traffickers rather than
trying to pick up the pieces afterwards.
"It's a law which is approved of by Singapore's inhabitants and which
allows us to reduce the drug problem."
Mr Lee's final say came as grim rehearsals began for the execution at
Changi prison.
Nguyen's mother, Kim, last night prepared to bid farewell to her son, not
knowing if she would be able to hug him one last time.
It is believed a decision to allow a contact visit will be made at senior
government level and announced today.
Mrs Nguyen told Melbourne priest Father Peter Norden by phone yesterday
she was hoping against hope she would be allowed to touch her son.
Kelly Ng, in Singapore to farewell her friend, said a final embrace meant
everything to Mrs Nguyen.
"I think that really, really breaks her heart," she said.
"Showing your affection physically speaks volumes and I'm sure that if she
had a choice of either speaking to her son for hours or just being able to
hold him just once, I think she'd choose the latter."
As Nguyen entered his final 24 hours, his kindergarten teacher recalled a
little boy full of energy and love.
Anne Hawkins, who taught Nguyen and his twin brother, Khoa, at St Ignatius
school in Richmond, said they were delightful boys.
"I have remembered these little boys all this time. And I've taught many,
many children," Ms Hawkins said.
"I remember them because I was so fond of them."
Ms Hawkins said the Nguyens were very close.
"I must have been their teacher for about 12 months and I just remember
them with great fondness and I remember that they were delightful to be
with and teach," she said.
"They were full of energy and very loving."
As she left Changi Prison yesterday, Kelly Ng said Nguyen's biggest
concern was for his mother, who is suffering physically as well as
emotionally.
"In a physical sense she's lost a lot of weight and her hair's becoming
quite white, and that's only been a change within a week," she said.
Prime Minister Lee, who is in Paris, said the death penalty was a
necessary part of the criminal justice system, rejecting claims that
executing people for non-violent crimes is out of date and inhuman.
But Nguyen's Lex Lasry, QC, lashed out at the Singapore Government's
inflexibility as he stood outside Changi Prison.
"The criticism will continue because, despite the courage of our client,
this country can't go on executing people without giving them the
opportunity to say why they shouldn't be executed, " he said. "This law
has to change."
Mr Lasry said he would continue to press for Mrs Nguyen to be allowed a
last hug with her son.
"It's inhumane," he said.
"They've got him in their prison, right behind us. They're going to hang
him at 6am on Friday.
"They have a distressed family that has done nothing wrong to Singapore."
Nguyen's death-row visitors yesterday included Melbourne filmmakers Kim
Beamish and Shannon Owen, who have been putting together a documentary
about him over the past 2 years.
Mr Beamish said he appeared amazingly calm and told them: "It's a shame I
won't be able to see the film."
Mr Beamish said Nguyen had a folio of letters and drawings - some of
himself, others of pandas and polar bears.
"His eyes are clear and his face is clear - it's amazing," he said.
Nguyen, convicted of trying to smuggle nearly 400g of heroin through
Singapore to Australia, will be hanged at 9am Melbourne time.
His family will have just 90 minutes to collect his body before it becomes
the property of the Singapore Government to be cremated.
Mrs Nguyen has booked a flight to Melbourne on Saturday night. She is
expected to accompany her son's body home.
Barrister Julian McMahon, who also acts for Nguyen, plans to stand side by
side with Kim and Khoa at the gates of Changi Prison as the execution
takes place.
"That will be a terribly sad moment," he said before flying out yesterday.
Nguyen supporters last night lit 3000 candles of hope near Old Parliament
House in Canberra.
(source: The (Melbourne Herald)
