Protocol for the Investigation and Release of Foreign Visitors Detained for a Criminal Offence

Question:

Mr Gerald Giam Yean Song: To ask the Coordinating Minister for National Security and Minister for Home Affairs (a) what is the protocol for the investigation and release of foreign visitors detained for a criminal offence; (b) whether diplomatic intervention from a foreign embassy can influence the legal outcome of such a case; and (c) why are two Italian swimmers recently issued only a warning and an entry ban for a shoplifting offence.

Answer:

Mr K Shanmugam, Coordinating Minister for National Security and Minister for Home Affairs:

1. The two swimmers were treated in accordance with a framework for treating offenders, based on types of offences committed – and the same framework applies to all persons, whether foreign or local. Singaporeans are treated similarly.

2. In the case of foreign offenders, the Singapore authorities will inform them of their right to consular access upon their arrest or detention. Should they request consular access, we will inform the embassy, so that the embassy can provide consular assistance as appropriate. This is a requirement under the Vienna Convention on Consular Relations, to which Singapore is a party. Singaporeans have similar rights if they are arrested or detained in other countries. The provision of consular assistance has no bearing on the investigation process and legal outcome.

3. In the case of the two Italian swimmers, they stole items worth about $150. The items were recovered.

4. After they were arrested, the two requested consular access. The Police alerted the Italian embassy of their arrest, and continued their investigations. There were no diplomatic interventions to influence the legal outcome.

5. In deciding on the appropriate course of action for a case, the Police and Attorney General's Chambers will generally consider the following factors: (i) The facts and circumstances of the case, (ii) the severity of the offence, (iii) any aggravating or mitigating factors; and (iv) how similar cases have been treated. In this case, the Police and AGC assessed that a 12-month conditional warning was appropriate. Given that they are foreigners, an entry ban was also imposed – such a ban will obviously not be applicable to Singaporeans.