March 25
SINGAPORE:
Call for guidelines on death penalty
A former senior district judge has called for guidelines on how judges should
use their discretion to decide if a capital offender should hang or get a life
term.
At issue is whether such discretion will lead to inconsistency in sentencing,
said Dr S. Chandra Mohan, now a Singapore Management University law don.
He raised these points in an article titled The Death Penalty and the
Desirability of Judicial Discretion, in the current issue of the Law Society's
Law Gazette.
His comments about granting judges complete discretion to impose death or life
sentences for certain murder offences comes at a time when the new provisions
passed by Parliament last year could be tested in a murder case for the 1st
time.
The sentence of death row inmate Kamrul Hasan Abdul Kudus, convicted of killing
a 25-year-old maid, is set to be reviewed by the Court of Appeal in light of
the new provisions. A pre-trial conference is due next month.
It is understood that the apex court could use the case to indicate how the new
discretion is to be used by the courts in general.
Under the new laws, the mandatory death penalty is retained for intentional
murder. But for three other forms of murder, the judge can impose a life term
and caning instead.
"The real question that will plague our judges is how is consistency in
sentencing murder cases to be maintained? What type of murders... qualify more
readily for the death penalty?" Dr Mohan wrote in the article jointly authored
by SMU law student Priscilla Chia.
He raised the prospect that the life term could even be seen as a "default
sentence" for murder.
For example, it could end up being viewed in a similar way to kidnapping. In a
1974 case, the Appeal Court made clear kidnappers would get the death penalty
only in cases where their conduct outraged the community's feelings.
"It follows from this reasoning the default position in murder cases other than
(for intentional murder) is a life term," he said.
Some nations have tried to minimise the prospects of inconsistency by
formulating statutory guidelines or guidelines developed by the judiciary, the
authors noted.
"It may now fall on the Chief Justice or the Council of Judges to lay down some
general guidelines as to when the death penalty ought to be imposed until
further clarification from the Court of Appeal," wrote the authors.
The list should contain common aggravating and mitigating factors, as is the
practice in countries such as the US, they added.
Law Minister K. Shanmugam indicated in Parliament last July that factors should
include the need for deterrence, the manner in which the offence was committed
and the personal culpability of the accused.
The authors added: "Broad sentencing guidelines in murder cases will make the
sentencing process in such cases more objective, rational and transparent. Only
then can the newfound judicial discretion in murder cases truly represent the
better part of valour."
(source: The Straits Times)
TUNISIA:
Child rape protesters call on Tunisia minister to quit
Protesters on Monday demanded the resignation of Tunisia's minister for women's
affairs, Sihem Badi, accusing her of defending a children's nursery where a
3-year-old girl was raped.
The protesters, among them relatives of the victim, gathered outside the
ministry in Tunis shouting slogans against Badi, including "Minister of shame,
get out!" and "Ministers who protect paedophiles have no place among us."
The young girl was raped repeatedly by the caretaker of the nursery in La
Marsa, an upscale suburb of the capital, according to the police.
The suspect was arrested on Saturday.
On the same day, Badi, who as minister of families as well of women's affairs
is responsible for children's nurseries, said a member of the girl's family was
to blame and that no measures against the caretaker were needed.
"Three weeks ago, my life turned into a nightmare. When I imagine my daughter,
who weighs 10 kilos, in the hands -- and on several occasions -- of this
55-year-old caretaker, I have only one wish, to die," the father of the victim
told AFP.
"The children's nursery is still open despite what happened to my daughter," he
added, his voice welling with emotion.
If found guilty, the suspect risks the death penalty, even though no executions
have been carried out in Tunisia since 1991.
The last person to be put to death was a rapist and child serial killer.
(source: Agence France-Presse)
SAUDI ARABIA:
Saudi- Filipinos on death row are patiently hoping to be freed
Some Filipinos on death row are patiently hoping to be freed soon. They are
waiting for the final freedom based on the assistance of the Saudi government
at least in the case of Rodelio "Dondon" Lanoza.
A source at the Philippine Embassy, who did not want to be identified,
confirmed that there are at least 5 Filipinos on death row. They are Rodelio
"Dondon" Lanoza, Joselito Zapanta, Edison Gonzales, Roland Gonzales and Eduardo
Arcilla.
In his text message sent to Arab News, Dondon said: "This is to inform those
who have been asking for updates reference to my case. Since that joyful day on
Jan. 31 when I received the good news that the Saudi government is paying for
the balance of the blood money, my case is still open.
"I can't say for sure that I am truly safe from the death penalty since the
money has not been turned over to the aggrieved family."
He asked that authorities follow up his case.
"Please help me plead to the embassy, to Department of Foreign Affairs, (DFA),
vice president, Jejomar Binay and to the Philippine president, Benigno S
Aquino, they could have the heart, the urgency to resolve and give full
attention to my case," Dondon said.
He added: "My campaign for freedom has drawn a lot of attention. There are
times when people have judged me for being the center of attention, but one
thing I know, I never asked for any of this because it comes with a price ...
my freedom and my privacy."
The Filipino Migrante party-list group said yesterday in a statement that they
have received information from reliable source that Custodian of the Two Holy
Mosques King Abdullah's donation for Lanuza's blood money was already sent to
the aggrieved Saudi family through the Saudi Ministry of Foreign Affairs.
"We are waiting for the confirmation from the aggrieved family. Only then we
can expect them to issue an affidavit of forgiveness and waiver of execution in
the court," said Saudi-based Migrante-Middle East (M-ME) regional coordinator
John Leonard Monterona.
There are other groups that are making a plea for blood money assistance for
Ernesto "Jhigs" Nuguid, but the same source at the embassy said he is not a
death row OFW since he was involved in a traffic accident
(source: MENAFN--ASrab News)
ALGERIA:
How the murder of 2 children shook a nation
The tragic fate of Brahim and Haroun has acted as a powerful conduit for the
expression of wider, deeper ills and discontent at the state of the nation.
2 weeks ago, on the afternoon of Saturday, March 9, Brahim and Haroun, 2 boys
aged 9 and 10 respectively, were playing with friends just outside their block
of flats in the city of Constantine, to the east of the capital, Algiers.
Suddenly, they were gone. A couple of hours later, after some tentative
searches, their parents alerted the police.
As the clock ticked, the prospect of a benign explanation quickly faded and the
search grew more frenetic and desperate. It was soon becoming clear that the
worst was to be expected. 3 days into the search, on Tuesday 12, the children's
discarded bodies were discovered, strangled and tied up, in a refuse sack
dumped deep in the cellar of a communal building 500 hundred yards away from
their homes. 2 men, aged 21 and 38, were arrested a day later. According to
media reports, they have already confessed to the kidnapping and murder of the
children.
The public reaction was immediate and unprecedented. The mounting tension built
up during the search finally gave way to a colossal wave of revulsion and shock
that was felt across the country. With the initial outpouring of grief, came a
blind tide of rage, most vividly expressed in widespread calls for the two
culprits to be executed. Demands for a public stadium hanging, something that
hasn't taken place in a century, have been strident, particularly across social
media platforms.
A national day of mourning was held the following Sunday, March 17. However,
despite the families of the victims distancing themselves from any
demonstrations, hundreds of youths descended on the town centre brandishing
placards (one read "The Death Penalty or War"). Tension quickly escalated, and
many were injured as clashes erupted between protesters and the police, the
latter deploying tear gas and arresting dozens. The days since have seen a
precarious and tense stand-off; with police forces keeping a low profile to
avoid another flare-up.
Although most of the anger has been directed against the culprits, a debate is
already under way as to the deeper, structural reasons that have allowed such
an epidemic to take root. According to official statistics, the number of child
kidnappings rose from 4 in 2008 to 180 in 2012, with 31 recorded so far this
year. Only a few weeks ago, an 8-year old girl was snatched from her home near
the capital Algiers, her body discovered days later. A pervasive sentiment has
been that this type of crime was utterly alien to Algerians' conception of the
society they live in. As one newspaper put it, "the question we must ask is not
about the manner or the consequences of this crime but why it has happened?"
How did things - how did we - come to this?
As such, the case has left in its wake a national moment of unprecedented
soul-searching. For many, a mounting sense of unease is growing over a number
of problematic issues. Some are pointing the finger at the judicial system:
sentences were too lenient for crimes against children, leading to ever-rising
re-offending rates among child kidnappers. Others are blaming the authorities
for failing to keep the nation's streets, schools and public spaces safe for
children. However, many have pointed to social issues, including unemployment
and poverty, as being fundamentally linked in helping produce an environment
where such crimes are more likely.
In the ensuing panic following the kidnappings, calls have been raised for a
"national campaign to protect children", one popular comment on social media
boards reads "a message to all parents: watch over your children, do not take
your eyes off them, we live in a crazy land".
In the meantime, against a crescendo of calls for it to act, the government has
been slow and hesitant in its response. On Sunday, an emergency cabinet meeting
was held to discuss the issue, emerging with a set of measures such as
introducing police patrols at school gates, launching awareness programmes and
initiating a judicial overhaul to address the perceived leniency of current
sentencing regimes. For many, however, these measures were another instance of
"too little, too late". The Algerian League for Human Rights has called on the
government to start "acting instead of reacting", arguing the fight against
child abuse is integral to the wider fight against issues such as poverty,
inequality and corruption.
Meanwhile, law enforcement agencies have been heavily critical of some media
outlets for contributing to public alarm and anger by publishing graphic
pictures of the victims' bodies as well as leaking photos of the culprits. More
worryingly for the authorities, anger is mounting at the perceived general
absence of the state and its failure to perform its basic law and order
functions.
Many are worried the troubles seen in the past few days could expand into
something wider and harder to contain. In particular, it remains unclear what
the authorities intend to do when the trial eventually takes place; although
never abolished, the death penalty has been, for the past 20 years, in legal
hibernation. A judge can nominally still issue a death sentence, but only the
president can authorise its implementation or, alternatively, grant a pardon.
The tragic fate of Brahim and Haroun has brought the country together in
mourning, but has also acted as a powerful conduit for the expression of wider,
deeper ills and discontent at the state of the nation. Many of those clamouring
for a public hanging have done so under explicitly Islamist slogans, a fact
noted with alarm by many in the secular media. Other voices, including those of
academics and social workers, have called for a measured, dispassionate
response to the tragedy, a call unlikely to be heeded any time soon.
Ultimately, only time will tell whether there will be a serious effort to learn
the necessary lessons of this deeply tragic story, or whether the case will be
forgotten as soon as the wave of public outrage fades away.
(source: Open Democracy)
BANGLADESH:
Rallies in 40 global cities demand death to war criminals
Bangladeshi expatriates staged rallies in 40 cities across the world
simultaneously demanding death penalty to war criminals, reports BBC Bangla.
The rallies were held expressing solidarity with the Shahbagh movement that
began on February 5 demanding capital punishment to war criminals.
Expatriate journalist Lavlu Ansary told the BBC Bangla that the rallies were
held in 22 cities in the United States.
Apart from that, such rallies were organised in 3 cities in Canada, 8 cities in
Europe, 3 cities in Australia, 3 cities in Asia and in Cape Town of South
Africa.
Organised by expatriate Bangladeshi students, Bangladeshi expatriates from
different walks of life took part in the rallies.
The organisers said they were working to create awareness in favour of war
crimes trials.
(source: The Daily Star)
MALAYSIA:
Australian Dominic Bird loses bid to throw out drugs trafficking charges in
Malaysia
A Malaysian court on Monday refused to drop charges against an Australian truck
driver facing the death penalty for drug trafficking, saying there was enough
evidence for his trial to proceed.
Dominic Jude Christopher Bird, 32, was arrested in March last year for alleged
possession of 167 grams of methamphetamine.
He was charged with drug trafficking, which carries a mandatory sentence of
death by hanging in Muslim-majority Malaysia. But lawyers for the Australian
argued a government chemist erred in analysing the drugs.
The Kuala Lumpur high court said Monday that prosecutors had presented enough
evidence for the case to proceed, according to defence lawyer Shafee Abdullah.
"The court found the prosecution has proven the elements of the offence," Mr
Shafee said, calling the decision "disappointing".
Mr Shafee said Mr Bird was expected to testify when the trial resumes in early
June.
Some 700 people, mostly men convicted of drug-related offences, were on death
row in Malaysia in 2011 though few have been executed in recent years.
Since 1960 more than 440 people have been executed, including 2 Australians put
to death in 1986 for heroin trafficking - the 1st Westerners to be hanged under
then new tough anti-drug laws.
In November Australian nurse Emma Louise L'Aiguille, 34, was freed after
prosecutors dropped a drug trafficking charge against her.
(source: The News)
DENMARK/IRAN:
Denmark indirectly supporting Iranian drug executions
By supporting a UN anti-drug programme operating in Iran, Denmark may be
helping Iranian authorities arrest and execute suspected drug users and
smugglers
Questions have been raised over Denmark's support of a UN anti-drug programme
that could be indirectly leading to executions in Iran.
Denmark voluntarily supports the United Nations Office on Drugs and Crime
(UNODC), which supports countries around the world in tackling drug-related
crime.
But Denmark's approximate 35 million kroner donation to the programme may be
contributing to the number of drug traffickers and users arrested and
subsequently executed in Iran, according to Amnesty Danmark.
"The wish to limit the drug trade is of course legitimate, but as the situation
stands in Iran, the money could end up supporting arrests and ultimately
executions," Trine Christensen, the deputy general secretary at Amnesty
Danmark, told Politiken newspaper. "If we continue to support the programme, it
legitimises Iran's use of the death penalty for drug-related crimes."
Despite draconian punishments for the possession and consumption of drugs, Iran
suffers from huge levels of drug addiction and a large domestic market for
illicit drugs. Thousands of tonnes of heroin produced in Afghanistan are also
smuggled every year through Iran, mostly destined for Western markets.
As a result, Amnesty estimates that around 260,000 people were arrested in 2011
for drug-related offences. Of the 488 people executed by Iran in 2011, around
3/4 were for drug-related offences.
The UNODC claims to have made progress in Iran, however, by strengthening
legislation, combating drug trafficking and corruption, and improving border
management and law enforcement.
But Enhedslisten's development spokesperson, Christian Juhl, argues that
Denmark ought to be more concerned about the treatment of Iranian prisoners.
"We should not participate in a project where people are executed for
committing a crime," Juhl told Politiken newspaper. "We can't close our eyes to
how people are treated just because we want to combat drug smuggling. We end up
compromising our principles."
The development minister, Christian Friis Bach (Radikale), conceded that he was
concerned by Iran's use of the death penalty.
"The human rights situation in Iran is extremely troubling," Bach told
Politiken. "We are very critical of the Iranian authorities' unacceptable use
of executions when handling drug-related crime."
(source: The Copenhagen Post)
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