Feb. 6
PAPUA NEW GUINEA:
PNG's government adamant on death penalty implementation
The secretary of Papua New Guinea's justice department says the 13 people on
death row in the country will be executed this year.
This comes after cabinet endorsed guidelines for the implementation of the
death penalty.
Lawrence Kalinoe says the government is adamant on starting executions this
year, and the 13 people had exhausted all their appeal and constitutional
review processes.
The newspaper, The National, says cabinet has approved guidelines for 3 modes
of execution - hanging, lethal injection and firing squad - which will carried
out at a facility to be built at Port Moresby's Bomana Prison.
PNG's government reactivated the death penalty in 2013 in reaction to a spate
of violent crimes, drawing the ire of international human rights groups.
But Mr Kalinoe says critics are hiding behind human rights to criticise the
government, and says the death penalty is implemented in sophisticated
countries, such as the United States.
(source: Radio New Zealand)
ZIMBABWE:
Child Killer Sentenced to Death
A 39-year-old man from Mberengwa has been sentenced to death by hanging after
being found guilty of the murder of his 3-year-old stepdaughter whom he had
raped.
High Court judge Justice Lawrence Kamocha on Tuesday convicted and sentenced
Samson Mutero of Madhuve Village in Mberengwa. He was sentenced to death due to
aggravating circumstances.
In passing the sentence, Justice Kamocha said the murder was planned and
committed against a defenceless child who looked up to Mutero for protection.
Justice Kamocha said the murder was committed with actual intent considering
that Mutero had forced his stepdaughter, Chipochashe Ndlovu, to accompany him
to the bush to look for firewood.
He said it was clear that Mutero, who was represented by Mr Albert Mhaka of
Mhaka Attorneys, had ulterior motives.
State counsel Mr Tafadzwa Mupariwa had asked the court to consider a stiffer
punishment on Mutero since he had failed to protect the minor who looked up to
him for protection and love.
"The minor had a right to life, but that right was violently taken away from
her," said Mr Mupariwa.
"There was no justification for killing the toddler and the State is calling
for the maximum penalty."
It was proved that on September 20, 2013 at around 11am, Mutero was at his
homestead in the company of the child and her mother, Kudzai Dube.
Mutero took the infant into the bush on the pretext that he wanted her to
assist him in fetching firewood.
While in the bush, Mutero raped her once and had anal sex with her before
assaulting her all over her body with an unknown object until she fell
unconscious.
Mutero ferried the child home and placed her in a bedroom hut, but she never
gained consciousness.
After it was clear that the girl had died, Mutero arranged for her burial in
Nkomonye Village, Chief Nyamhondo, in Mberengwa.
But the village head Mr Shumeka Shumba became suspicious and reported the
matter to the police, leading to the arrest of Mutero.
9 witnesses were called to testify in case.
(source: The Herald)
INDIA:
Women's imminent executions likely to revive death penalty debate in India
The imminent execution of the 1st women to receive the death penalty in India
since independence is likely to revive long-standing debate in the country
about its use of capital punishment.
The 2 sisters, Renuka Shinde and Seema Gavit, kidnapped 13 children under the
age of 5 in the early 1990s and brutally murdered at least 7 of them in the
state of Maharashtra.
Human rights lawyer Asim Sarode, who worked on the sisters' mercy plea, does
not expect the executions to take place until at least next month.
Although personally opposed to the death penalty, Mr Sarode said given the
nature of the sisters' crimes, he did not believe the Indian public would be in
a hurry to see the laws change in this case.
"India as a society is not very much concerned about the way of punishment," he
told the ABC.
"They are of very general thought that punishment should be hardened and it
will create [an] impact and fear on people not to commit offences. This is a
very traditional way of thinking."
Some, however, have spoken out against the sentence.
The MP for the sisters' home state of Kolhapur, Dhananjay Mahadik, told The
Independent that while the women's crimes were "very serious", he believed
women should not face the death penalty.
The sisters' case has also been championed by human rights groups which have
long campaigned for capital punishment to be abandoned.
"We oppose the death penalty altogether because it's irreversible, inhumane,"
Meenakshi Ganguly from Human Rights Watch told the ABC.
"Every time there is a serious incident like the gang rape in Delhi in 2012,
almost always the demand in the protest is for a hanging.
"That to me is the concern, it is the maximum punishment that anyone can
receive so therefore people ask for it when they're outraged by the crime."
But the punishment also has many supporters in India's legal and political
system.
"Nobody values anything more than his or her life, and any system that takes
away your life will terrify you," Pinky Anand, a Supreme Court lawyer and
politician, told the New York Times last year.
"It is human psychology in addition to criminal jurisprudence."
'Rarest of the rare cases'
While the Supreme Court has long stipulated that death sentences should be
reserved for "the rarest of the rare cases", there have been a number of
high-profile executions in recent years.
In 2013, the country executed Muhammad Afzal, who was convicted of plotting the
2001 attack on India's parliament, and in 2012 it hanged Ajmal Kasab, the lone
surviving gunman of the 2008 Mumbai terror attacks which killed 166 people.
In 2013, the scope of the death penalty increased with greater penalties for
rapists, introducing the death penalty when a woman dies from her injuries.
This followed the gang rape and murder of a 23-year-old woman which sparked
violent protests in several cities.
Amnesty International has said executions in India are usually carried out
without notice and in secret.
In a 2013 report, it said the president of India had rejected the mercy
petitions of 18 prisoners that year, the most rejections by any leader for
almost 25 years.
The group also said information on decisions on mercy petitions was removed
from the president's secretariat website.
Mr Sarode said the country's Supreme Court asked the government for more
certainty, including giving prisoners seven days' notice before they are
executed.
Use of capital punishment called into question
The efficacy of capital punishment was already on the public agenda when the
women's pleas for clemency were rejected by India's president Pranab Mukherjee
last year.
In May, India's Law Commission, which advises the ministry of law and justice,
issued a discussion paper asking for public opinion on whether the death
penalty should be applied and in what circumstances.
It followed a Supreme Court case which found that "inordinate and inexplicable"
delays in carrying out executions were grounds for commuting death sentences,
and suggested the Commission could investigate "whether death penalty is a
deterrent punishment or is retributive justice or serves an incapacitative
goal".
In January, Indian man Surendra Koli had his death sentenced commuted to life
in prison on the basis officials took too long to carry out his execution.
He was convicted in 2009 over the gruesome killing of 5 children in a workers'
colony in a middle-class neighbourhood in north Delhi.
However, Ms Ganguly says there remains a serious issue as long as the death
penalty remains in place.
"In fact in the region we've seen that Pakistan, which had a moratorium [on the
death penalty], has gone back to hanging a lot of people after the Peshawar
attacks," she said.
"When there's public anger the state tends to think this is a way of showing
that they're doing something by executing people."
(source: ABC news)
SAUDI ARABIA----executions
Saudi Arabia beheads 4 convicted murderers
Saudi Arabia has beheaded 4 convicted thieves who dressed in women's clothing
to lure their victim and murder him, the kingdom's Interior Ministry says.
In a statement released on Thursday, the ministry said the beheading was
carried out in the eastern Saudi town of Qatif.
The 4 Saudi men were convicted on charges of luring a Saudi man, stealing from
him and killing him.
The latest beheading brings to 25 the number of people executed across the Arab
state so far this year. Last year, Saudi authorities executed 87 people, up
from 78 recorded in 2013.
The country has come under particular criticism from rights groups for
executions carried out for non-fatal crimes. According to the London-based
rights group, Amnesty International, Saudi Arabia has one of the highest
execution rates across the world.
Muslim clerics have also criticized Riyadh for indicting and then executing
suspects without giving them a chance to defend themselves, describing the
Saudi authorities as uncivilized.
Rape, murder, apostasy, armed robbery and drug trafficking all carry the death
penalty under the Saudi penal code.
(source: Press TV)
INDONESIA:
Bali 9 executions: Does the death penalty stop crime?
The day is imminent.
They will be taken from their beds under cover of darkness, escorted to a
secluded field, strapped to a wooden cross and shot to death.
Yesterday Bali 9 death row inmates Andrew Chan and Myuran Sukumaranr learned
their final judicial review had been rejected. Their fate is now sealed.
All reports suggest that the 2 Australians - who were convicted for their part
in a plot to smuggle more than 8kg of heroin from Indonesia to Australia - are
repentant for their crimes and are now reformed.
Yet, they are marked to be executed by firing squad with the next batch of
criminals.
Given that they have evidently learnt from their mistakes and turned their
lives around, why are they being killed at all?
Indonesian law expert Professor Tim Lindsey has shed light on the science
behind the death penalty today and says the research is conclusive: There is
next to no evidence anywhere in the world that the death penalty effectively
deters crime of any kind.
"The overwhelming evidence around the world is that imposing the death penalty
has very little effect on the extent to which a crime was committed," Prof
Lindsey, of the University of Melbourne, said.
"It doesn't act as an effective disincentive in any case. That's been proven in
locations around the world. It doesn't have any discernible impact on stopping
those crimes occurring, which is the tragedy of the whole thing."
Prof Lindsey said use of the death penalty had more to do with politics than
any real desire to reduce crime.
He said the fact that because death penalty determinations were shared between
the courts and law makers, they "always became extremely political".
"Where the life of the subjects is involved, lawyers will push boundaries, and
that's certainly the case in Indonesia at the moment," he said.
"It has more to do with the political tension of the moment than the merits of
the case."
Indonesia has hastily ramped up the execution of its criminals since the
election of its new president, Joko Widodo. 6 death row inmates have been
killed in the country this year alone and another 11 are in line, including
Chan and Sukumaran.
"Indonesia has not been one of the more aggressive users of the death penalty -
that honour goes to Singapore and Malaysia - but that may be shifting," Prof
Lindsey said.
"Although it's been legally ineffective as a response to rising drug use,
(Indonesia) now wants to develop a reputation for being as tough on drugs as
Singapore and Malaysia."
Prof Lindsey said Mr Joko's rival in last year's election had put a lot of
pressure on him to appear tough on crime.
And public opinion is on his side.
"Drug offenders are seen as mass murderers, along with terrorists ... You could
say most Indonesians certainly support the death penalty for those offences. A
small minority are uncomfortable," Prof Lindsey said.
Psychologist Jeffrey Pfeifer, of Swinburne University, said the US's appetite
for capital punishment excused other countries for continuing the practice.
"All empirical evidence indicates it's not a deterrent ... but there's a split
between the hard science and the political spin," he said.
"One of the things that strikes me is the lack of attention placed on the US
system, where death occurs almost weekly, if not daily, in that country but it
seems to me that it flies under the radar."
As an example, a man is scheduled to be put to death today in Texas, a state
with a long history of execution.
Texas is but 1 of the US's 32 out of 50 states that imposes the death penalty.
Debate is raging in the US at the moment about favouring firing squads over
other means of killing criminals because it is less expensive than lethal
injections or the electric chair. There is also discussion about whether
18-year-olds with the mental age of a 16-year-old should be executed.
"As a Canadian, and I'm sure Australians would feel the same way, I think it's
a strange debate to be involved in," Assoc Prof Pfeifer said.
He also said the US system was psychologically "fascinating" because it is the
jury's job to decide whether a convicted criminal should be put to death or
not.
"It's a fascinating possibility that we can study (but) as a human being, I'm
appalled that people are put into that position ,,, it's horrific," Assoc Prof
Pfeifer said. "You can only imagine the amount of stress that puts people
under."
He said Hispanic and African American people tended to be over-represented when
death sentences were handed down in the US.
Assoc Prof Pfeifer said there was even a been a push in some conservative
states to extend the death penalty to crimes where a death from drugs was
involved.
Meanwhile,3 former Indonesian judges have joined a chorus of criticism over the
country's death penalty regime, saying the executions won't drive down drug
crime.
"It isn't effective in law enforcement, that's a fact," said Maruarar Siahaan,
who was on the constitutional court panel that heard the 2007 appeal of Chan
and Sukumaran.
"As long as there's continuing weak law enforcement, there will always be
continuing drug crime. When the opportunity to escape detection is high, the
threat of the death penalty won't scare those who are in business of drugs," he
said.
"In the future, there's got to be an ideological platform for the state where
we follow the global trend (away from the death penalty).
"We can no longer rely on the idea that this is for a deterrent effect."
Indonesia ended an unofficial 4-year moratorium when 5 prisoners were executed
in 2013.
(source: news.com.au)
***************************
Bali 9 prisoners to be executed by end of the month
Bali 9 drug smugglers Andrew Chan and Myuran Sukumaran will be executed before
the end of the month, the Indonesian government has said.
Indonesian authorities have informed Australian officials of the decision, who
in turn visited Kerobokan prison to pass the grim news on to the death-row
prisoners.
Meanwhile, the family of Bali 9 drug smuggler Myuran Sukumaran has issued a
tearful plea for his life as they wept outside the walls of the prison where he
will spend his last days.
"Please don't kill my brother, please," sister Brintha Sukumaran said.
"He's a good person, he's done so much, please don't kill him, please."
Along with fellow Bali 9 inmate Andrew Chan, Sukumaran was doomed to certain
execution after Indonesia's government rejected their final bid to have their
case reviewed.
Today, 2 of Sukumaran's paintings left the jail after being sold, with the
proceedings helping to pay for an operation for a female prisoner.
One Indonesian inmate has even offered to trade places with Chan in front of
the firing squad, saying the drug smuggler helped him when he was sick.
However, Indonesia appears determined to proceed with the executions.
(source: 9news.com.au)
*******************************
Indonesian media reinforce death penalty as answer to 'drug crisis'
The issue of the death penalty for drug offenders is receiving a lot of media
attention as Indonesia executed convicted drug traffickers last month and plans
more in coming weeks.
2 members of the Bali Nine drug ring, Australians Andrew Chan and Myuran
Sukumaran, are among those on death row. Indonesian President Joko Widodo,
popularly known as Jokowi, has rejected their clemency requests.
Analysts say Indonesians overwhelmingly support the death penalty for serious
offences despite a lack of evidence that it deters crime.
The way most Indonesian media outlets frame the issue plays a part in shaping
this public support. Coverage of the death penalty reinforces a myth that it
serves as a panacea for a social illness.
The domestic politics of capital punishment
Indonesians view Jokowi's move as a decisive act against a serious crime. But
it is important to understand the political context of his execution orders.
Jokowi faces challenges in domestic politics. Aside from the issue of the death
penalty, local media outlets are focused on a rift between 2 law-enforcement
institutions, the Indonesian police (Polri) and the Corruption Eradication
Commission (KPK).
The KPK versus Polri saga reflects badly on Jokowi's image as a decisive
leader. Around the time he approved the 1st executions of drug offenders, he
also nominated a KPK graft suspect as the sole candidate for police chief.
Responding to the KPK's allegations against their police chief candidate, the
police named a KPK commissioner as a graft suspect. This was widely seen by the
public as a move to weaken the corruption commission.
These developments mean law enforcement and the strength of Jokowi's leadership
are hot topics for the Indonesian media. As a new president in the middle of a
rift between 2 national institutions, ordering executions for drug traffickers
offered a perfect way to look decisive.
Media frame views on death penalty
Local media outlets have reported more on the rift between KPK and Polri than
on the death penalty for drug offenders. Between January 15 and February 4,
Kompas.com ran 135 news reports on the death penalty. The site published 200
news reports on the KPK-Polri conflict in a shorter period from January 28 to
February 4.
Another popular site, Detik.com, published 184 news items on the death penalty
and 1070 on the KPK-Polri controversy in a 1-month period (January 4 to
February 4).
Within the space provided for the death penalty issue, the media filled its
coverage with quotes from public officials. Jokowi was widely quoted as saying
that the executions were in line with Indonesian law. The reports also quoted
Jokowi's claim of a national drug "emergency" based on dubious statistics.
In contrast with the media's coverage of the government's argument for the
death penalty, few reports have examined whether capital punishment is an
effective deterrent. Indonesian media have quoted celebrities, religious
organisations and even academics, thereby reinforcing the myth without
scientific evidence.
Media reports on the issue of efficiency of this penalty are also very few. The
one news report on the high costs of executions did not ignite any public
debate.
The media coverage frames the death penalty for drug offenders through legal
arguments in support of capital punishment. Within this frame, opposing
arguments, either based on human rights grounds, political agendas or lack of
evidence for crime deterrence, cannot dispel the myths attached to the death
penalty.
In social media, many people express their support for the death penalty by
arguing for Indonesia's sovereignty. Activists who argue against the death
penalty, as well as the media that provide space for their views, are seen as
Western henchmen, insensitive to drug victims.
Framing a pro-abolition message
A group of media researchers from Pennsylvania State University led by Frank E.
Dardis proposed a new way of framing the issue that might change the way the
public view the death penalty.
Instead of covering the normative angle, the media should examine the
conditions of the judicial system. It is very likely that some convicts receive
their sentences through an unfair trial in Indonesia???s corrupted system.
This strategy can only work by changing public opinion in the long term. The
problem is whether media in Indonesia are willing to shift their current
preference on capital punishment.
With the structure of media ownership in Indonesia entangled with political
interests, political agendas will mostly run the show.
(source: The Conversation)
BANGLADESH:
'Death penalty for killing people with petrol'
It is being observed that some miscreants and terrorist individuals or
organisations are throwing petrol, octane, gunpowder and such ignitable
substances at transports causing huge damage to public life and property to
create panic among the people and put country???s integrity and sovereignty as
well as public safety at stake, said a PID handout on Thursday.
Such activities are liable to stringent punishment, according to the Anti
Terrorism Act-2009, the handout said.
It said causing death, inflicting grievous injury on people by using petrol,
any explosive, ignitable substance, and possessing those, and instigating the
terrorist activities through financing, patronizing, broadcasting and
publishing those are tough punishable offences.
Creating horror amongst the public or segment of the public to jeopardize the
territorial integrity, solidarity, security or sovereignty of Bangladesh
through such terrorist activities, are considered as grave punishable offences
as per the laws.
As per section 6 (2) (a) of the act, if any person burns to death or inflicts
grievous hurt on anyone or makes an attempt to do so using petrol or any
ignitable substance, shall be sentenced to death and shall also be liable to
fine.
If any person uses or keeps petrol or any ignitable substance, to carry out
terrorist activities or attempts to do so, shall be sentenced to life-time
imprisonment and shall be liable to fine, in accordance with section 6 (2) (e),
of the law of 2009. If any person plots or assists or instigates to cause death
or inflict grievous hurt on anyone using petrol or ignitable substances shall
be sentenced to life-term imprisonment or shall be liable to fine as per
section 6 (2) (b).
As per section 7 (3) (4), any person or organization giving financial support
to other person for any terrorist activities shall be sentenced to 20 years
imprisonment and shall be liable to fine.
In accordance with section 14 (1) of Anti Terrorism Act-2009, if any person or
organization gives shelter to carriers of petrol bombs, manufacturers and
users, shall be sentenced to 5 years and shall also be liable to fine.
If any electronic or print media broadcasts or publishes any contents to
instigate burning people to death by petrol bombs or any ignitable substance,
shall be sentenced to life imprisonment or shall be liable to fine, as per
section 13 of the act.
(source: Prothom Alo)
_______________________________________________
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
