Pubdate: Mon, 21 Nov 2005
Source: Sydney Morning Herald (Australia)
Copyright: 2005 The Sydney Morning Herald
Contact:  http://www.smh.com.au/
Details: http://www.mapinc.org/media/441
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)

FAMILY FLIES OUT FOR FINAL DAYS

The mother and brother of condemned heroin smuggler  Nguyen Tuong Van
today began their final, sad journey  to Singapore to spend his last
days with him ahead of  his execution on Friday week.

Nguyen's mother Kim, appearing red-eyed and frail, was  physically
supported by friends as she walked through  Melbourne airport with her
head bowed.

Her other son Khoa, who is visiting his twin Nguyen for  the first
time since his arrest almost three years ago,  was stony-faced and
silent.

The family was escorted through the airport by Nguyen's  friends
Bronwyn Lew and Kelly Ng and his Melbourne  legal team Lex Lasry, QC,
and Julian McMahon, who  offered words of assurance and embraces
before the  stricken family passed into customs.

It is expected the family will be allowed to see the  25-year-old
Melbourne man for half an hour each day,  with additional visits on
the last three days before he  is due to be hanged on December 2.

However, glass partitions will separate Nguyen from his  family and
prevent any physical contact.

Nguyen was arrested in Singapore's Changi Airport on  December 2002
while trying to board a flight to  Australia with 396 grams of heroin
strapped to his body  and in his hand luggage.

He told police he had agreed to traffic drugs from  Cambodia to
Australia for a Sydney-based syndicate to  help repay more than
$30,000 in legal and other debts  owed by his brother Khoa.

Nguyen had agreed to testify in any prosecutions that  might arise
from his evidence, but multiple appeals by  the federal government,
the United Nations and  international human rights organisations to
Singapore  for clemency have proved unsuccessful.

Even as his family flew to his side, Nguyen's Melbourne  legal team
continued to push for clemency through  international bodies.

Mr Lasry today approached Foreign Minister Alexander  Downer about
taking the case to the International Court  of Justice (ICJ) to stop
Nguyen's execution.

Although Labor has voiced its support for the move, Mr  Downer was
today pessimistic about the court agreeing  to hear Nguyen's case.

"My own preliminary view is that it would be almost  impossible to
bring a case to the International Court  of Justice because you would
have to have Singapore's  agreement to do so," Mr Downer told
reporters in  Adelaide.

"The chance of Singapore agreeing to a case being  brought to the
International Court of Justice are  fairly obviously remote given the
position they have  taken on the execution of Nguyen.

"My advice is that given Singapore doesn't accept the  jurisdiction of
the International Court of Justice,  except in a very narrow range of
areas which are not  relevant to Van Nguyen's case, that you would
have to  get Singapore to agree to a case being brought before  the
International Court of Justice.

"And that is remote in the extreme that they would do  that, bearing
in mind that they have heard all the  arguments in relation to
clemency for Van Nguyen."

Mr Downer said, given Singapore was a long-time friend  of Australia,
it was "particularly disappointing that  they haven't listened to our
entreaties on behalf of  Van Nguyen".

"It's not the Australian way to give up but it's also  not fair on Van
Nguyen, his family ... to offer people  false hope," Mr Downer said.

"I can't offer people false hope. The chances of us  saving him now
are very very remote."

Mr Downer also rejected imposing economic sanctions on  Singapore in
protest at the scheduled execution.

"Imposing economic sanctions would be a classic case of  cutting off
your nose to spite your face," he said.

"It would damage Singapore but it would damage  Australia, it would
damage our commercial interests.

"And in doing so, we would make no contribution  whatsoever to helping
save Van Nguyen so it would be a  lose-lose policy.

"It's a question here of thinking through practical  things which
might be able to save Van Nguyen's life,  not jumping into a series of
political or economic  stunts.".

No trade sanctions

Prime Minister John Howard earlier ruled out the  possibility of trade
sanctions against Singapore.

Mr Howard said changing Australia's trade relations  with Singapore
over the death sentence was not  sensible.

"The consequence of it would be absolutely zero in  relation to
helping Van Nguyen. It would only harden  Singapore's resolve."

But Opposition Leader Kim Beazley says Mr Howard must  at least try to
take up the case with the United  Nations' International Court of
Justice to show  Singapore just how serious Australia is.

"If John Howard were to start the process by which this  went to the
international court it would be a further  demonstration to the
Singaporeans about how seriously  we take that issue," Mr Beazley told
Southern Cross  Broadcasting.

"He won't get jurisdiction by that court unless the  other country
agrees, and I'm not sure Singapore would  do that, but the fact that
you're prepared to take it  that far would be an indication to them
that they've  perhaps misread how seriously and how serious you are 
and how concerned you are about the fate of this poor  fellow.

"It's about a week away from the deadline set, it's an  issue now of
doing everything that you can to effect a  change in the intentions of
the Singapore Government."

Opposition foreign affairs spokesman Kevin Rudd said  there were
"legal complexities" involved but Mr Howard  and Mr Downer had to do
all they could to save Nguyen.

"I believe where there is life there is hope," Mr Rudd  told reporters
in Brisbane today.

"An International Court of Justice provides us with  hope and
therefore my strong encouragement to Mr Howard  and Mr Downer is to
not just explore this course of  action, but to exert every effort in
deploying it in Mr  Nguyen's interests."
- ---
MAP posted-by: Larry Seguin