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Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the Child

po2wq

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Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

Whoa, ST published big picture of the five accused on the front page.

Never mind that the accompanying headline reads: HIGH-RISE GRAFFITI TEEN SUSPECTS CHARGED.
ah loon is f**king furious! ... :mad:
 

xingguy

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Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

Source: Singapore Law Watch

14 May 2014

Court to hear lawyer's bid for access to teen client
SourceStraits Times
Date14 May 2014
AuthorK.C. Vijayan

Application to meet alleged vandal in remand is a test case, lawyers say

THE State Court is due to hear an application today for one of the five teens accused of vandalising a Toa Payoh HDB block to be allowed access to his lawyer.

Defence counsel Choo Zheng Xi made the application when he could not get permission from the police to speak to his client last week. It is understood that he offered to meet the teen in the presence of the police so as not to affect investigations but this was also denied.

The suspect is one of five Singaporeans, all aged 17, who were charged last Saturday with vandalism. They are accused of spray-painting graffiti at the top of a 22-storey HDB block in Lorong 4 Toa Payoh. The expletives painted in red were seemingly directed at the ruling People's Action Party and the police.

The five - Boaz Koh Wen Jie, Chay Nam Shen, David William Graaskov, Goh Rong Liang and Reagan Tan Chang Zhi - are in remand at Tanglin Police Division.

They are being investigated in connection with other similar cases, the court had heard earlier.

Mr Choo, who declined to name his client, is also seeking a court gag order on his client's identity given that he is a minor.

His application comes in the wake of a High Court decision earlier this year which ruled that the onus is on police to explain why they are not ready to allow defence lawyers access to accused persons remanded for ongoing investigations.

Justice Choo Han Teck's judgment in the case of alleged hacker James Raj Arokiasamy suggested that the police would have to show how allowing a detained person access to counsel would hinder investigations.

Last week, the apex court ruled when the case came up on appeal that a 1994 precedent had made clear that an accused person has to be allowed access to counsel within a reasonable time.

Deputy Public Prosecutor G. Kannan, however, argued then that a time limit cannot be imposed because "reasonable time" would vary from case to case and cannot be a fixed period.

For instance, a shoplifter taking a can of beer would not need the same amount of time for investigations as a serial burglar breaking into 20 homes or a white collar crime involving 250 victims and $3 million, he told the court.

Lawyers say the latest application could serve as a test case in regard to whether access to counsel for a suspect would affect investigations.

The suspect's age may also factor in the outcome.

The Public Prosecutor's view in relation to the police position is expected at today's hearing.

[email protected]


Read this thread to know more about the vandalism law.
 

tanwahtiu

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Loyal
Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

hope that some kunghu lawyers can stand up to PAP for the people sake.

It has been too long lawyers do not have guts to take on government, a shame of their profession and hope changes are coming.



Source: Singapore Law Watch

14 May 2014

Court to hear lawyer's bid for access to teen client
SourceStraits Times
Date14 May 2014
AuthorK.C. Vijayan

Application to meet alleged vandal in remand is a test case, lawyers say

THE State Court is due to hear an application today for one of the five teens accused of vandalising a Toa Payoh HDB block to be allowed access to his lawyer.

Defence counsel Choo Zheng Xi made the application when he could not get permission from the police to speak to his client last week. It is understood that he offered to meet the teen in the presence of the police so as not to affect investigations but this was also denied.

The suspect is one of five Singaporeans, all aged 17, who were charged last Saturday with vandalism. They are accused of spray-painting graffiti at the top of a 22-storey HDB block in Lorong 4 Toa Payoh. The expletives painted in red were seemingly directed at the ruling People's Action Party and the police.

The five - Boaz Koh Wen Jie, Chay Nam Shen, David William Graaskov, Goh Rong Liang and Reagan Tan Chang Zhi - are in remand at Tanglin Police Division.

They are being investigated in connection with other similar cases, the court had heard earlier.

Mr Choo, who declined to name his client, is also seeking a court gag order on his client's identity given that he is a minor.

His application comes in the wake of a High Court decision earlier this year which ruled that the onus is on police to explain why they are not ready to allow defence lawyers access to accused persons remanded for ongoing investigations.

Justice Choo Han Teck's judgment in the case of alleged hacker James Raj Arokiasamy suggested that the police would have to show how allowing a detained person access to counsel would hinder investigations.

Last week, the apex court ruled when the case came up on appeal that a 1994 precedent had made clear that an accused person has to be allowed access to counsel within a reasonable time.

Deputy Public Prosecutor G. Kannan, however, argued then that a time limit cannot be imposed because "reasonable time" would vary from case to case and cannot be a fixed period.

For instance, a shoplifter taking a can of beer would not need the same amount of time for investigations as a serial burglar breaking into 20 homes or a white collar crime involving 250 victims and $3 million, he told the court.

Lawyers say the latest application could serve as a test case in regard to whether access to counsel for a suspect would affect investigations.

The suspect's age may also factor in the outcome.

The Public Prosecutor's view in relation to the police position is expected at today's hearing.

[email protected]


Read this thread to know more about the vandalism law.
 

Sinkie

Alfrescian (Inf)
Asset
Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

It is draconian and non-constitutional not to allow the accused access to lawyer..........I'm very sure these teens are also not allowed contact with their families...........

Why the media never queried the police if these teens are allowed access to their families or not?

It's like you suddenly losses contact with your loved one..........like in MH370..........not knowing when you can speak to them.........besides, is vandalism a non-bailable offense......

Our justice system is very arbitrary........totally non-transparent.......things can be done by the police that need not be justified under law.........full of shit.
 

Bigfuck

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Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

Once UK strikes SGP law as recognized in the Commonwealth, SGP law will internationally known as pirate law. Obama can fly the planes in and do the Lees in. Anyone can sleep with the USA for quid pro quo.
 

xingguy

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Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

It is draconian and non-constitutional not to allow the accused access to lawyer..........I'm very sure these teens are also not allowed contact with their families...........

Why the media never queried the police if these teens are allowed access to their families or not?

It's like you suddenly losses contact with your loved one..........like in MH370..........not knowing when you can speak to them.........besides, is vandalism a non-bailable offense......

Our justice system is very arbitrary........totally non-transparent.......things can be done by the police that need not be justified under law.........full of shit.

The existing Minor Offences Act already made vandalism a crime, punishable with a $50 fine and/or a week in jail. But this was not considered sufficient when the objective became one of political extermination. So a new law was introduced raising the fine to $2,000 with a maximum of three years in jail. It was also made into a non-bailable offence — which is quite incredible for such a minor, non-violent offence — presumably to stop accused persons from putting up more posters while out on bail. More crucially, it made caning (minimum three strokes, maximum eight) mandatory.

................
 

xingguy

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Asset
Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

Source: The Online Citizen

Statement by civil society over concern of treatment rendered towards teenagers
May 15 2014 19:01

Members of the civil society in Singapore have issued a joint statement to raise concerns to the members of the Singapore Parliament regarding the treatment rendered by the press and the District Court towards the five teenagers arrested on 10 May 2014 for their alleged involvement in a case of vandalism in Toa Payoh on 7 May 2014.

Below attached is the statement issued by them.

Alleged vandals should be treated in accordance with UN Convention on the Rights of the Child​
We, the undersigned, wish to raise our concern regarding the treatment rendered by members of the broadcast and print media and the District Court towards the five teenagers (aged 17) arrested on 10 May 2014 for their alleged involvement in a case of vandalism in Toa Payoh on 7 May 2014. As a signatory of the UN Convention on the Rights of the Child (CRC), Singapore is obligated to fulfil the commitments set in the CRC which are all aimed at achieving its noble purpose of protecting the rights and welfare of all children.

According to Article 16 of the CRC, “No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation”.

Under Article 40(1), parties to the Convention, “recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society”.

Article 40(2)(b)(vii) further states that privacy of the child must be guaranteed and respected at all stages of the proceedings.

Although Article 1 of the CRC defines a child as an individual who is not over the age of 18, Singapore’s Children and Young Persons Act (CYPA) only provides protections for individuals aged 16 and below.

Therefore, the actions of the broadcast and print media in revealing the identities of the five accused aged 17, run counter to the spirit and intent of the CRC, particularly Articles 16, 40(1), and 40(2)(vii).

In addition, a request made by one of the teenagers to inform his parents about his arrest was denied by the judge at the first mention of his case in court. This denial of assistance by the district judge is a violation of Article 16 of the CRC; however, since the CYPA does not cover individuals over the age of 16, the judge had acted within the boundaries of our laws.

We, the undersigned, believe that Singapore’s laws, and especially the CYPA in the area of children’s rights, should be aligned with the provisions of the CRC. This is to ensure that individuals aged 18 and below are duly protected in accordance with international human rights norms.

Further, we note that the five accused teenagers have yet to be proven guilty in a court of law. As such, we urge the Attorney General to look into possible violations of the CRC by members of Singapore’s print and broadcast media as well as provide adequate protection for these teenagers, adhering fully to the spirit of the CRC.

We also urge the Attorney General and the Singapore Police Force to grant the accused five immediate communications with their families as well as access to immediate and adequate legal representation.

Yours Sincerely,

Amy LauschkeJevon NgRachel Zeng
Adrian GopalJocelyn YeoRaymond Chan
Andrew LohJoe TanRobert Yong
Ariffin ShaJolene TanRoger Yap
Betty TanJolovan WhamRoy Ngerng Yi Ling
Braema MathiJoshua ChiangSarah Sidek
Bryan ChoongJufri SalimShelley Thio
Chan Wai HanKirsten HanSidek Mallek
Chng Nai RuiKoh Eng Thiem, RonaldSiew Kum Hong
Chng Suan TzeKokila AnnamalaiSophie Tan
Chong Kai XiongKumaran PillaiStephanie Chok
Chong Wai FungKwan Jin-EeSteve Chia
Clarence Lenon DoraiKZ ArifaSuziana Mohd
Constance SinghamLaw Kah HockSylvia Tan
Damien ChngLenney LeongTan Elice
Dana LamLeow Yong Fatt [Liao Yangfa]Tan Kin Lian
Dr. Paul Ananth TambyahLim Han ThonTan Simin
Dr. Vincent WijeysinghaLim JialiangTan Tee Seng
Dr. Wong Wee NamLim Kay SiuTeo Soh Lung
Eddie NgLow Yit LengTerry Xu
Emily BooLujahhan Mohd IslamTimothy Soh
Evan Ong Eng AnnLukas GodfreyVanessa Ho
Fong Hoe FangLynn LeeVeronica Denise Goh
Francis LawMahaboob BaatshaVincent Cheng
Frederique SohMansura SajahanVincent Law
Han Hui HuiMartin FerraoVivian Wang
Ho Choon HiongMelissa TsangWong Chee Meng
Howard LeeMiak SiewWong Souk Yee
Immae ThamNg E-JayWoon Tien Wei
Isrizal Mohamed IsaNg Joo HockXu Zhi Long
Jacob GeorgeNicholas HarrimanYap Ching Wi
Jacqueline TanNoor Effendy IbrahimYeo Yeu Yong
Jaslyn GoNurul HudaZeng Ziting
Jean ChongPak Geok Choo
Jennifer TeoPatrick Ong

And the following organisations:

Function 8
  • MARUAH
  • Restore
  • Singapore Anti-Death Penalty Campaign
  • Think Centre
  • We Believe in Second Chances
 

Sinkie

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Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

Where got such nonsense as the court not allowing the teen to inform his parents he was arrested?

Even non-bailable crimes does not mean incommunicado.....

It's as good as the alleged had disappeared from the face of the earth.
 

vtran2684

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Loyal
Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

PAP has violated UN rules but Ban Ki-Moon does not care.
 

neddy

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Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

woh, nice piece of investigative research and well done.

No need research. If you lived in Hong Kong for sometime, you will noticed that the press blackout the faces of minors.
 

escher

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Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

Where got such nonsense as the court not allowing the teen to inform his parents he was arrested?

Even non-bailable crimes does not mean incommunicado.....

It's as good as the alleged had disappeared from the face of the earth.

ALL PAPs MUST BE HUNG UNDER LAMP POSTS TO SWING AND DANCE
OR BBQ TO MAKE THEM SCREAM IN PAIN

ONE WAY OR OTHER BE SEND TO THE LAND OF JOSS STICKS AND CANDLEWAX EATERS


GET RID OF THE POISON IN SINGAPORE
HANG ALL THOSE FUCKING PAPs AND THEIR COLLABORATORS
BBQ THE BASTARD PAPs

AND SINGAPORE CAN BE AS GOOD IF NOT BETTER THAN SWITZERLAND

OR REMAIN HEAD DOWN DOWN AND ARSEHOLES UP HIGH HIGH TO BE FUCKED TO BE TIEWED TO BE KANNED BY THE PAP MAGGOTS COCKROACHES

Kill them all PAPs
Let GOD sort out the good from the really bad ones
The good PAPs can then eat joss sticks and candle wax from time to time
The bad PAPs like smear of shit on sole of shoe LKY will be raped and tiewed and kanned by legions of ghouls and demons and not ever
get time off to eat joss sticks and candle wax

Hang those PAP maggots cockroaches with piano wires from lamp posts to make them dance before it is too late and we have no more CPF to get back.

BBQ those PAP maggots cockroaches before it is too late and we have no more CPF to get back.

Cut a few more arseholes into those PAP maggots cockroaches to let out their shit before it is too late and we have no more CPF to get back.

Make those PAP maggots cockroaches eat joss sticks and candle wax before it is too late and we have no more CPF to get back.


None of those in PAP work for anyone but that smear of shit on sole of shoe LKY, to help him hold down Singaporeans to screw and fuck hundreds of BILLIONs from us all into smear of shit on sole of shoe LKY stinkapore sovereign funds.

They are there in PAP because LKY know that they are a bunch of self serving greedy bastards and scrapings of scums of society. To call them maggots cockroaches will be to insult real maggots and real cockroaches.
LKY will never allow good decent people into the PAP and good decent people will not want to get into the PAP.

Those in PAP are the most corrupt and moral degenerates and moral bankrupts and moral filths that are being presented to stinkaporeans as moral compasses.

Despite the leeching and fucking of singaporeans by the cheebye PAP and LKY, Singapore still managed to survive to date.
Despite their being hung as a fucking millstones around the necks of Singaporeans and the idiocy and corrupt manipulations of PAP and LKY, Singapore still not dead yet.

WE ALL ARE NOW WAITING FOR THE DEATH OF LKY IN COMING DAYS OR WEEKS.
WE ALL WILL YUM SENG AND YUM SENG AND YUM SENG AGAIN AND AGAIN DANCING SINGING ON TABLE TOPS AND STREETS

WE THEN WILL SEE THOSE IN PAP WITH SHARPENED KNIVES HOOTING ARSEHLOON A DOZEN NEW ARSEHOLES AND THE DEATH OF THE ENTIRE LEE KWA CLAN

WE THEN WILL PICK UP PIANO WIRES AND HANG ALL THOSE REMAINING PAP AND THEIR COLLABORATORS FROM LAMP POSTS AND SEE THOSE BASTARDS AND BITCHES DANCE.
AND HAPPINESS WILL RETURN TO OUR LAND.

AND STINKAPORE WILL BECOME SINGAPORE ONCE MORE.
 

xingguy

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Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

Source: The Independent

Name, shame…what a shame!
May 19th, 2014 | by Nicole Chang

Those who are 17 years old in Singapore are not old enough to vote. They’re not old enough to get married without parental consent, they’re not old enough to serve National Service, they’re not old enough to drive, they’re barely old enough to have legal sex. They’re also not old enough to walk into the supermarket and buy a can of beer.

But apparently they’re old enough to be publicly named and shamed for crimes that they haven’t yet been convicted of.

A group of five 17-year-olds, the alleged Toa Payoh vandals, have had their full names and faces splurged across local media from the day they were charged with vandalism on May 10, right from the get-go. But technically, they’re still innocent; accused, but not convicted. They haven’t been found guilty of any of the charges against them yet.

Yet, local entertainment blog Alvinology published an article studded with personal photos of the five, obviously taken from Facebook. We live in a digital age, we all know how easy it is to access a mine of personal information on practically any known individual (look at the Anton Casey saga) – even more so if those individuals are young and have a large social media footprint.

Once publicly-named, a person’s network – information of not just their friends and colleagues, but possibly that of their siblings and parents too – can be dug out and, potentially, tarnished by association. One quick Google search and a person’s name can unlock a heap of personal data.

Kudos then to the coordinated statement signed by over 100 civil society activists and others on May 15, which calls for the five teenagers to be treated in line with the UN Convention on the Rights of the Child (CRC). Article 40(1) of the CRC urges “the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society’’ among other considerations.

Though a party to the convention, Singapore’s Children and Young Person’s Act (CYPA) ly protects only “minors aged 16 years old and below (the CRC defines a child as someone not over the age of 18).

But like a 16-year-old, a 17-year-old offender has his or her whole life ahead of them. Does one year really make or break much in the grand scheme?

The Singapore justice system is based on the doctrine of “innocent until proven guilty”, something that has been reiterated by no less than Justice V. K. Rajah in his written judgment acquitting former teacher William Ding.

When the lawyer for one of the accused teens failed in his attempt to secure a gag order, the prosecution cited the fact that this was because it was being sought in respect of an accused person (not a victim, or a witness). Taken to its extreme, this reasoning seems to show an almost callous lack of concern for the important distinction between “accused” and “guilty”, for the rights of accused persons.

It’s hard to see what constructive purpose the naming and shaming of accused minors sets out to achieve, even if they are eventually found guilty. Certainly, it doesn’t seem to be rehabilitation. How could it, when your name is inextricably locked with a crime in the public consciousness even before conviction?

The media’s naming and shaming of accused 17-year-olds is, at best, an act of unthinking callousness; at worst, a punishment meted out prematurely.
 

vtran2684

Alfrescian
Loyal
Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

So far no UN sanctions against Singapore.
 

Sinkie

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Asset
Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

So far no UN sanctions against Singapore.

Because SG is the largest exporter of oil.......no one dares to sanction or else if SG pull hand-brake, the earth stops turning.
 

shelltox

Alfrescian
Loyal
Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

what nonsense, in some countries they would be arm bearing soldiers. "Ho mia zou lao peh liao"( if their lives are blessed, they are already fathers“
 

Papsmearer

Alfrescian (InfP) - Comp
Generous Asset
Re: Publishing Photo of TPY Vandals Violates The UN Convention on the Rights of the C

Source: Remy Choo Zheng Xi Facebook

I'm shocked that CNA has decided to use photos of the alleged Toa Payoh vandals, all of whom are considered children under the UN Convention on the Rights of the Child, which Singapore has acceded to. Article 16 of the CRC provides that no child shall be subject to arbitrary interference with his privacy. Article 40 (2)(b)(vii) the CRC recognizes that every child alleged to have committed a penal offence has the guarantee that his privacy will be respected at all stages of the proceedings. I hope the AGC takes swift and immediate action to prevent the media from further reporting on their identities, and to warn the media for their actions to date. A failure to do so might amount to a breach of Singapore's treaty obligations under international law.

Further, if any of the individuals pictured are eventually found to be 16 and below, CNA and the relevant media outlets will be in breach of Section 35 of the Children and Young Persons Act which makes it an offence to publish the pictures of young persons in court proceedings.

It's of utmost importance to protect young persons involved in judicial proceedings, I hope the authorities act accordingly.

P.s. have edited this post to remove the CNA link, which shows the photos of the boys.

Very good points he made.
 
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