Do the right thing for Yong, M'sia urged

With Singapore premier Lee Hsien Loong in Putrajaya on an official visit today, a pressure group has called on Malaysia to raise the case of Yong Vui Kong, a death-row prisoner in the island republic.

Lawyers for Liberty said the case had received no support at all from the Malaysian High Commission in Singapore since Yong, now 22, was arrested in 2007.

It was only after the media recently highlighted the case that a representative visited him in prison - the first time in two years since his incarceration, said the group’s representative Eric Paulsen (left) .

The Malaysian government has also contacted Ravi, scheduling a meeting with him when he visits Kuala Lumpur between Friday and next Tuesday.

“Lawyers for Liberty is of the view that there are good grounds for the Singaporean authorities to review the death penalty decision as there were flaws in the clemency process,” claimed Paulsen.

“Since the case deals with a death sentence, and more so with a young person, it is incumbent on the authorities to halt the execution and re-examine the whole judicial and clemency process.”

The execution of Yong, who is from Sabah and was only 19 when arrested for trafficking in 47g of heroin, was deferred after his lawyer M Ravi filed for a stay pending his clemency plea.

The sentence was to have been carried out on Dec 4 last year.

Ravi (right) , who is representing Yong on pro bono basis, argued that Singapore President SR Nathan’s rejection of Yong’s clemency plea was “flawed and illegal”.

Lee is meeting his Malaysian counterpart Najib Abdul Razak at his office in Putrajaya, where they will chair a meeting before holding a joint news conference.

Param criticised

Lawyers for Liberty also disputed a claim that the Asean principle of non-interference implies that Malaysia cannot intervene in the case.

Renowned jurist and legal expert Param Cumarasamy had made the claim last week in backing the stance of de facto law minister Mohd Nazri Abdul Aziz, who said Malaysia will not interfere in Singapore’s legal process.

Param (left) said that Nazri cannot be faulted for not wanting to interfere in Singapore's legal process.

The group took offence with Param’s comments, saying it may be used to justify the death penalty, which both countries impose for drug trafficking among other offences.

Paulsen said Param’s statement was “certainly shocking and irresponsible”, especially since it comes from someone well known in matters of the law.

"It is a well-established principle of international human rights, that states are prohibited from claiming ‘internal affairs’ in order to avoid human rights obligations," Paulsen said in a statement.

“And certainly no Asean internal principles can trump international laws and standards as seemingly advocated by the reported statement. We urge Param to clarify his reported view lest it be used by both governments to justify the death sentence.”    

The case is significant for Malaysians as it could set a precedent for future cases involving citizens on death row or who face criminal charges in foreign countries.

This is especially if the government succeeds in getting Singapore to commute Yong’s death sentence to life imprisonment through the International Court of Justice (ICJ).

However, Param said this was not a case for the ICJ, whose main function is to settle legal disputes between states and to advise on legal questions submitted by authorised international organs, agencies, and the UN General Assembly.

When contacted, Ravi appeared to be upset with Param for supporting Nazri’s (right) view of non-interference in the young man’s fate.

“The ICJ is always available. Malaysia and Singapore have gone there in the past to resolve their differences,” said Ravi.

“I met Param at the Bar Council (on June 10, when I was in Kuala Lumpur) and he was totally uninterested (in the case). This is utterly disappointing.”