16 March 2006, the Court of Appeal dismissed their appeal. They could appeal to the President of Singapore for clememcy. But there is no precedence that the President, who is advise by the Singapore cabinet, will grant them clemency.

In Singapore, "the law presumes that a person caught in possession of prohibited drugs knows that he is in possession of such drugs, with the burden of rebutting that presumption on the person charged."

Amara Tochi Iwuchukwu thought that he was carrying African herbs that tasted like chocolate.

Both Iwuchuku Amara Tochi,19, a Nigerian and Okele Nelson Malachy, 33, who is stateless [from South Africa] were sentence to death.

On 28 Nov 2004, Iwuchuku Amara Tochi was arrested at the Changi Airport transit lounge with heroin. Iwuchuku had with him 100 capsules of heroin about 727.02g. Okele Nelson Malachy was arrested at a coffee Bean shop at the Changi airport.

APPEAL

Please write to the president requesting him to commute the death sentence of Iwuchuku Amara Tochi,19, a Nigerian and Okele Nelson Malachy,33, who is stateless [from South Africa]. Send copies and appeals the Embassy of Nigeria and South Africa in your country.

Click Here TO SEND APPEALS to the PRESIDENT and Singapore Authorities Go to the Bottom

Iwuchukwu Amara Tochi, a Nigerian was arrested when he was only 18-years-old. Singapore has ratified the Convention on the Rights of the Child but made reservation to Art.37 which prohibits the application of the death penalty to minors under eighteen.

The court in Singapore has imposed the death penalty on two Africans for violation of prohibited drugs. The two, namely Iwuchukwu Amara Tochi (19) and Okele Nelson Malachy [from South Africa], were arrested on 27 November 2004 at the Changi Airport in Singapore.

Tochi was arrested for allegedly carrying heroine drugs with him while Malachy was nabbed in a subsequent police operation after Tochi identified him as one of his companions. The court in Singapore handed the sentence on them reportedly after concluding its 13-day trial.

Singapore is one of the many countries in Asia who have not yet abolished or repeal capital punishment in their justice system. The death penalty, just like torture, is considered as a form of "cruel, inhuman and degrading punishment". It is a violation of a person's right to life as guaranteed under the Universal Declaration of Human Rights (UDHR). The abolition of the death penalty is essential for the protection of this right to life.

In May 2005, a father of two children was hanged amidst the appeals from various human rights organization, including the Think Centre, asking clemency to save his life. The groups have been asking for jail terms and rehabilitation instead. There are number of prisoners, including foreign nationals, facing death in Singapore however, the government has continued carrying out punishment instead of addressing these problem.

Think Centre's call to right to life in connection with capital punishment is guided by the desirability of abolition of the death penalty which has been expressed on numerous occasions by the UN General Assembly, the Human Rights Committee, the Economic and Social Council and Security Council [in its resolutions 808 (1993) of 22 February 1993 and 955 (1994) of 8 November 1994]

Article 3 of the Universal Declaration of Human Rights, affirms the right of everyone to life, the abolition of the death penalty is essential for the protection of the right to life. The right to life is also defended by article 6 of the International Covenant on Civil and Political Rights and articles 6 and 37 (a) of the Convention on the Rights of the Child.

Sources and Relevant Links:

Court of Appeal Judgement Iwuchukwu Amara Tochi and Another v Public Prosecutor -[2006] SGCA 10
16 March 2006

High Court Judgement Public Prosecutor v Iwuchukwu Amara Tochi and Another

AHRC APPEAL SINGAPORE: Two Africans sentenced to death for drug offen

News24 SA man may hang for R12m drugs01 December 2004

AP Two Africans face death penalty in Singapore after heroin seizure? 30 November 2004

Think Centre Campaign Against Death Penalty Continues 06 December 2005

Think Centre Think Centre: Reaffirms Call for Moratorium on executions

Think Centre Urgent: Commute the death sentences of Nguyen Tuong Van 01 December 2005

Think Centre Nguyen Tuong Van's Last Days & Events 27 November 2005

Today Online Was innocent man hanged due to procedure? 27 September 2003