Presumption of innocence
According to the Channelnewsasia article, the Home Affairs Minister Wong Kan Seng said, "(The suspect) will have access to legal counsel when the police have almost wrapped the case. "
If the Home Affairs Minister Wong Kan Seng has read the Singapore Constitution, he would have seen article 12, which states, "All persons are equal before the law and entitled to the equal protection of the law."
What does the phrase equal protection means? According to law.com, this phrase refers to "the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law."
That means regardless of the crime the suspect allegedly committed, be it smoking in public lifts, a homicidal murder or a criminal breach of trust, the suspect must have full access to the law like everybody else. Let me put it this way, if Wong Kan Seng is suspected of a crime, I think it is unlikely that the police would hold him without access to a lawyer for a month.
Maybe Wong Kan Seng would have heard of the principle of presumption of innocence also. According to the Wikipedia article, presumption of innocence is "an essential right that the accused enjoys in criminal trials in all countries respecting human rights. It states that "no person shall be considered guilty until finally convicted by a court". The burden of proof is thus on the prosecution, which has to convince the court of the guilt of the accused."
The Universal Declaration of Human Rights, article 11, states: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
If the suspect is presumed innocent right from the beginning, I'm pretty sure Wong Kan Seng would have no problem allowing the suspect access to a lawyer. Since Wong Kan Seng is so paranoid about lawyers leaking information during police investigations, why don't he use court orders to gag the lawyers instead of depriving the suspect of his constitutional rights? There are many ways to solve the issue of information leaks, but to hold a suspect for a month without access to a lawyer, seems a tat extreme.
Perhaps all of us should bear in mind this age-old proverb: "Do unto others as you would have them do to you."
If the Home Affairs Minister Wong Kan Seng has read the Singapore Constitution, he would have seen article 12, which states, "All persons are equal before the law and entitled to the equal protection of the law."
What does the phrase equal protection means? According to law.com, this phrase refers to "the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law."
That means regardless of the crime the suspect allegedly committed, be it smoking in public lifts, a homicidal murder or a criminal breach of trust, the suspect must have full access to the law like everybody else. Let me put it this way, if Wong Kan Seng is suspected of a crime, I think it is unlikely that the police would hold him without access to a lawyer for a month.
Maybe Wong Kan Seng would have heard of the principle of presumption of innocence also. According to the Wikipedia article, presumption of innocence is "an essential right that the accused enjoys in criminal trials in all countries respecting human rights. It states that "no person shall be considered guilty until finally convicted by a court". The burden of proof is thus on the prosecution, which has to convince the court of the guilt of the accused."
The Universal Declaration of Human Rights, article 11, states: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
If the suspect is presumed innocent right from the beginning, I'm pretty sure Wong Kan Seng would have no problem allowing the suspect access to a lawyer. Since Wong Kan Seng is so paranoid about lawyers leaking information during police investigations, why don't he use court orders to gag the lawyers instead of depriving the suspect of his constitutional rights? There are many ways to solve the issue of information leaks, but to hold a suspect for a month without access to a lawyer, seems a tat extreme.
Perhaps all of us should bear in mind this age-old proverb: "Do unto others as you would have them do to you."
posted by beowulf at 3:17 PM
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