Originally posted by LazerLordz:
UN expert calls on Singapore not to hang Nigerian on drug
charges, says breaches rights
1/25/2007 1:24:40 AM - (DPM)
An independent United Nations human rights expert today called on
Singapore not to proceed with tomorrows planned hanging of a
Nigerian for heroin trafficking, charging that the island states
Government has failed to ensure respect for relevant legal
safeguards under international standards.
It is a fundamental human right to be presumed innocent until
proven guilty, UN Special Rapporteur on extrajudicial, summary or
arbitrary executions Philip Alston said in a statement, noting that
the trial judge ruled that although there was no direct evidence
that Iwuchukwu Amara Tochi knew the capsules contained heroin
ignorance did not exculpate him.
The standard accepted by the international community is that
capital punishment may be imposed only when the guilt of the person
charged is based upon clear and convincing evidence leaving no room
for an alternative explanation of the facts, Mr. Alston added.
[b]Singapore cannot reverse the burden and require a defendant to
prove beyond a reasonable doubt that he didnt know that he was
carrying drugs.
The appeal court rejected the trial courts suggestion that it was
irrelevant whether Mr. Tochi had knowledge of what he was carrying
but still upheld his conviction, reasoning that under Singapore law
such knowledge is presumed until the defendant rebuts that
presumption on a balance of probabilities and not merely by
raising reasonable doubt.
Mr. Alston also said that Singapore law making the death penalty
mandatory for drug trafficking was inconsistent with international
human rights standards, because it keeps judges from considering
all of the factors relevant to determining whether a death sentence
would be permissible in a capital case.
Mr Tochis co-defendant, Okele Nelson Malachy of South Africa, was
convicted of having abetted Mr. Tochis offence and was also
sentenced to death. There has reportedly been no date set for his
execution, but it would raise similar grave human rights issues,
Mr. Alston stressed.
One of the tasks given to me by the UN Human Rights Council is to
monitor states respect for those safeguards in order to protect
the human rights of those facing the death penalty, he said. In
the case of Iwuchukwu Amara Tochi, the Government of Singapore has
failed to ensure respect for the relevant legal safeguards. Under
the circumstances, the execution should not proceed.
Special Rapporteurs are unpaid, independent experts who report to
the Council.
http://www.dpm.ae/doc_cont.asp?id=108959
--
IMHO, this is one aspect of our legal system that needs to be
changed. It is inherently unfair. [/b]
how to prove clear and convincing evidence leaving no room for
an alternative explanation of the facts?
he just need to say he don't know what he is carrying, can anyone
prove that?
ensure respect for the relevant legal safeguards? does he meant UN
safeguard? who ever follow UN guideline in the first place
