Media Release

Nguyen Van Tuong - Letter to HE Professor S Jayakwnar
Minister for Foreign Affairs and Minister for Law
Republic of Singapore

5 November 2003

Dear Minister

I am writing to you about the 22 year old Australian citizen, Nguyen Tuong Van who was arrested at Changi airport in December 2002 for trafficking heroin. Mr Nguyen is to go to trial on 24 November on a charge which carries a mandatory death sentence in the event of a guilty verdict.

My ministerial colleague, Daryl Williams, who was Attorney General for Australia at that time, raised this case with you in August this year. The purpose of those representations was to support the submission made by Mr Nguyen's lawyers for a reduction in charges from the capital offence of importing to a lesser charge, which would not carry the death penalty but would nevertheless provide for a prison sentence of sufficient length to reinforce messages about Singapore's tough stand on narcotics.

I was advised on 30 October that the Deputy Public Prosecutor had been unable to accede to that submission. This is regrettable in light of the humanitarian and other mitigating circumstances Mr Nguyen's lawyers brought to the attention of Singaporean authorities. These circumstances inc1uded his youth, his difficult family background, the absence of previous criminal activity of any form and his willingness to cooperate fully with Singaporean and Australian law enforcement agencies following his arrest. His co-operation with the Australian Federal Police has been valued and holds the prospect of yielding useful results in our common efforts against drug trafficking.

I wish to convey formally to you the Australian Government's support for Mr Nguyen's lawyers' request that he be tried on charges that do not carry a mandatory death sentence. Australia is opposed to capital punishment and outlawed the death penalty in 1973. I understand that Nugyen has agreed to plead guilty to a non-capital offence which would involve a very substantial prison sentence. If Singapore were able to accept that plea, Australia would be ready to explore all possible avenues for Mr Nguyen to serve his sentence in Australia rather than in Singapore at Singaporean expense.

In conveying this message to you, I should emphasise that our opposition to and concern about the possible application of the death penalty in this case does not diminish Australia's respect for Singapore's sovereign rights, nor our continued support for firm penalties against drug trafficking offences . Indeed, it highlights the importance of our governments' ongoing cooperative efforts to combat the range of transnational criminal activity affecting our region.

I would be grateful for your further consideration of the submission from Mr Nguyen's lawyers. I believe that it is the specific circumstances of Mc Nguyen's case that justify this special approach, and that this might best be done before the matter proceeds to trial.

Yours sincerely

 

Alexander Downer

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28 November 2005

Nguyen Van Tuong - Representations to Singapore Ministers and President

Written Representations

From	to	Date
Governor General	President	17 November 2005
Governor General	President	2 December 2004
Prime Minister	Prime Minister of Singapore (conveying resolution of Parliament of Australia of 31 October to Parliament of Singapore)	4 November 2005
Prime Minister	Prime Minister	17 May 2005
Foreign Minister	Foreign Minister	25 October 2005
Foreign Minister	Foreign Minister	4 May 2005
Foreign Minister	Foreign Minister	5 November 2003

Personal Representations

Governor General	President of Singapore	March 2005
Prime Minister	Prime Minister	November 2005 (CHOGM)
Prime Minister	Prime Minister	October 2005
Prime Minister	Prime Minister	November 2005 (APEC)
Prime Minister	President of Singapore	March 2005
Prime Minister	Prime Minister	February 2005
Prime Minister	Senior Minister Goh	February 2005
Prime Minister	Prime Minister	November 2004 (APEC)
Foreign Minister	Foreign Minister	November 2005 (APEC)
Foreign Minister	Foreign Minister	August 2005
Foreign Minister	Deputy Prime Minister and Minister for Defence	June 2005
Foreign Minister	President of Singapore	March 2005
Foreign Minister	Foreign Minister	November 2004 (APEC)
Trade Minister	Information Minister	April 2005
Trade Minister	Trade Minister	April 2005
Attorney General	Various Ministers	April 2004
Attorney General	Attorney General	August 2003
Attorney General	Minister for Law and other Ministers	August 2003
Justice Minister	Senior Minister Goh	April 2005
Justice Minister	Home Affairs Minister	December 2002
Parliamentary Secretary Billson	Transport Minister	February 2005
DFAT Senior Officials	Home Affairs Minister	May 2005
High Commissioner	Attorney General	June 2003
High Commissioner	All Singapore Senior Ministers	From early 2003 until present