Urgent Action - Singapore - execution for "pot"

[CCADP]

SINGAPORE:
Shanmugam s/o Murugesu (m), aged 38,
former taxi-driver and window cleaner

Shanmugam s/o Murugesu is facing imminent execution,
following the rejection of his appeal for clemency to the
President of Singapore. He was arrested when immigration
officers found 1029.8 grams of cannabis in his motorcycle
carrier box as he entered Singapore from Malaysia. It is
thought likely he will be hanged at dawn on 13 May.

In April 2004, Shanmugam s/o Murugesu was sentenced to
death under the Misuse of Drugs Act, which carries a
mandatory death sentence for anyone found guilty of
trafficking in more than 500 grams of cannabis. In January
2005 the Court of Appeal rejected his appeal against the
death sentence. He has no previous criminal record, has
reportedly expressed deep regret for his actions and has
asked for the opportunity to be rehabilitated. Following his
divorce in 2002 he was granted custody of his twin 14-
year-old sons. The twins have lost contact with their mother
and are currently being cared for by their grandmother who
is in frail health. In their clemency appeal to the President
of Singapore, the twins wrote: ''Now that he is going to be
executed we will become orphans. We cannot imagine our
lives without him and if he is not with us, we don't have the
strength to take it... We beg you to spare his life''.

There is very little public debate about the death penalty in
Singapore due to controls imposed by the government on
the press and civil society organizations. However, on 16
April 2005, local activists organized a rare public forum to
highlight Shanmugam's case. Participants at the forum
described the cruel and inhuman nature of the death penalty
and its impact on the families of those on death row. They
also described the risk of miscarriages of justice and
expressed serious concerns about the Singapore
government's justification of the death penalty as an
effective deterrent against drug trafficking and other
crimes. An Amnesty International representative who
attended the forum was refused permission by the
authorities to address the meeting. Local activists plan to
hold a vigil for Shanmugam on 6 May.

BACKGROUND INFORMATION
Singapore, with a population of just over four million, has
the highest per capita execution rate in the world. At least
420 people have been executed since 1991, the majority for
drug trafficking. The Singapore government has
consistently maintained that the death penalty is not a
human rights issue.

The Misuse of Drugs Act provides for a mandatory death
sentence for at least 20 different offences and contains a
series of presumptions which shift the burden of proof from
the prosecution to the accused. Such presumptions erode
the right to a fair trial, increasing the risk that an innocent
person may be executed, and conflicting with the
universally guaranteed right to be presumed innocent until
proven guilty. Prisoners facing execution may be granted
clemency by the President, on the advice of the Cabinet,
but it is extremely rare for clemency to be given.

Amnesty International opposes the death penalty
worldwide in all cases as a violation of one of the most
fundamental of human rights: the right to life. It is the
ultimate cruel, inhuman and degrading punishment and is
imposed disproportionately on the poorest, least educated
and most vulnerable members of society. It takes the lives
of offenders who might otherwise have been rehabilitated.
There is no escaping the risk of error which can lead to the
execution of an innocent person. In April 2005 the UN
Commission on Human Rights renewed calls upon all
states which still maintain the death penalty to abolish it
completely and, in the meantime, to establish a moratorium
on executions.

RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- urging the authorities to reconsider the decision to refuse
clemency in the case of Shanmugam s/o Murugesu and
urging them to commute his death sentence;
- urging the authorities to impose a moratorium on
executions, with a view to complete abolition, in line with
the April 2005 UN Commission on Human Rights
(UNCHR) resolution on the question of the death penalty;
- noting that the UNCHR has urged states which still
maintain the death penalty not to impose it as a mandatory
sentence, or for crimes without lethal or extremely grave
consequences.

APPEALS TO:
Minister of Law:
Prof. S. Jayakumar
Ministry of Law
100 High Street
The Treasury #08-02
Singapore 179434
Fax: [phone]
Salutation: Dear Minister

Attorney General:
Chan Sek Keong
Attorney General's Chambers
1 Coleman Street #10-00
Singapore 179803
Fax: [phone]
Salutation: Dear Attorney General

Chief Justice:
Yong Pung How
Supreme Court
Supreme Court Building
St Andrew's Road
Singapore 178957
Fax: [phone]
Salutation: Dear Chief Justice

COPIES TO:
Ambassador Heng Chee Chan
Embassy of the Republic of Singapore
3501 International Place NW
Washington DC 20008
Fax: [phone]
PLEASE SEND APPEALS IMMEDIATELY. All
appeals must arrive by 13 May 2005.


Amnesty International is a worldwide grassroots movement that
promotes and defends human rights.

This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable). Thank
you for your help with this appeal.

Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [e-mail]
www.amnestyusa.org/urgent/
Phone: [phone]
Fax: [phone]

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