Some thoughts on Asian drug laws

If you want to see the detail of just how tough the Singaporean drugs laws are, have a look at the website for its Central Narcotics Bureau. More than 500g of cannabis - death. Same with more than 15 g of heroin. Talk about tough.

The Nguyen and "Bali Nine" cases have made me think about arriving in Asian airports and seeing the warning posters about the death penalty for drugs. As far as I can recall, these posters are not done with the intention of giving a drug carrier any last minute chance of "declaring" the drugs before they enter the country. (In fact, I am not sure whether they are put up before or after customs.) There is no equivalent of the 'fruit bin', and even if you wanted to thrown out the drugs strapped to your body, removing them discretely may be somewhat of a challenge. There may be a possibility of going to the toilets before going through customs to remove and flush the drugs, but I am not sure that all airports have toilets accessable in that part. Or if they do, perhaps the airport authorities take a special interest in what goes on in there.

My point is, if as a country such as Singapore is going to insist on a death penalty for "trafficking" in drugs, why not give the potential trafficker a last minute opportunity to avoid death by declaring the possession? This would be particularly fair for any drugs smuggler who claims (as have some of the Bali Nine) that they have been forced into it under threat of harm to them or their family.

Such declarations should, as an absolute minimum, guarantee that the person will not be executed, but I would propose that the consequence be a relatively short period of jail - say a month or two- with assistance provided to ensure a safe return to the country of residence. (You would have to have some jail to dissuade people from getting free flights home by carrying drugs into the airport. However, it is much cheaper for the country to pay a $2000 plane ticket than to keep them in jail for any length of time.) Of course, the Australian could then have a life ban on entry into Singapore (I will use these countries as the example.) Perhaps the 'free flight' home could also be conditional on an interview with the Federal Police, and their being satisfied that the person has provided as much information as they can on anyone connected with the deal in Australia.

I presume that there could be no prosecution in Australia for the possession in the foreign country. Perhaps some other administrative punishment could be imposed.

The result would be that the drugs never get through customs to harm Singaporeans; the person gets enough jail so that there is no attraction to "take advantage" of the system; they can never return to Singapore in future; no drugs are returned to Australia; and perhaps some information is obtained to track any drugs bosses in Australia. Sounds like win/win for all concerned to me.

Now, for all I know, maybe the Singaporean courts might be a little softer on those who "declare" drugs at the airport, at least if the quantity is not such that it carries a compulsory death sentence. (I presume that must happen occasionally, although the death penalty posters may make it less likely.) However, if the sign before customs said "declare illegal drugs now and you will not hang in this country" maybe it would happen more often.

It would be an additional argument for Singapore for the "fairness" of the death penalty for those who fail to take advantage of this last minute reprieve. (Although I want to be clear that I do not support the death penalty for drugs, ever.)

Someone in Singapore agrees with this idea (which I had been thinking about before I found their post.)

As for the Nguyen case itself, I still find it terribly sad for all concerned. There has been over-reaction by some on both sides of the debate here, and the executioner himself should be retired immediately as a result of his appallingly insensitive comments to the media.

The concentration should be on getting Singapore and other Asian countries to look seriously at whether the death penalty is working as a deterrent; the inherent injustice of having compulsory death sentences in particular; and why they think that an offence that may involve no harm to any other person should carry such a sentence. (With the small quantities involved for it to be deemed trafficking, it is entirely possible that some people have hung for being caught with their own drug supply.)