Sept. 13
JAPAN:
Death sentence upheld for killer of 5 in rural Japan
The Hiroshima High Court on Tuesday upheld the death penalty for a 66-year-old
man convicted of killing 5 neighbors and setting fire to 2 of their homes in a
remote community in Yamaguchi Prefecture in 2013.
In July last year, the Yamaguchi District Court found Kosei Homi guilty of
killing a woman and a couple, all in their 70s, by hitting their heads with a
wooden staff before setting fire to their homes in the mountainous community of
Shunan in July 2013. He was also convicted of murdering 2 other elderly people.
In the appellate trial, Homi's lawyers pleaded his innocence, arguing he
shouldn???t be held criminally responsible due to insanity or diminished mental
capability.
Although the lower court acknowledged that Homi suffered from delusional
disorder, it determined that Homi was fully competent to be held legally
responsible.
According to the lower court ruling, Homi was diagnosed with delusional
disorder in a psychiatric test and committed the crimes in anger under the
delusion that other residents were whispering about him.
The lower court verdict said Homi was aware that he was committing a crime and
thus deserved the death penalty.
The lower court also said Homi's fingerprints were found on the wooden staff.
(source: Japan Times)
INDIA:
IT executive Jigisha murder case: convict challenges death sentence
Convict Amit Shukla, who along with accused Ravi Kapoor was handed down death
penalty has approached the high court, saying the trial court has awarded him
the capital punishment by "wrongly holding that the case falls in the category
of rarest of rare".
The trial court on July 14 held Kapoor, Shukla and Baljeet Malik guilty on
various counts, including the murder of 28-year-old IT executive Jigisha.
The court while sentencing Kapoor and Shukla to death on August 22, had said
the girl was killed in a "cold-blooded, inhuman and cruel manner" and "brutally
mauled to death".
The 3rd offender Baljeet Malik was given reprieve from the gallows for his good
conduct in jail. Malik has already challenged his conviction and sentence of
life imprisonment by the trial court before the high court.
Shukla through his counsel Amit Kumar said the trial court has committed error
by awarding death penalty simply on the basis of biased jail/probation report
about his client.
"It has also not been noticed that for the similar offence one of the convict
has been sentenced for life imprisonment," the appeal, which would come up for
hearing on September 15, said.
Meanwhile, the trial court, which has awarded death to 2 of the accused has
sent the case file to the Delhi High Court for confirmation of the capital
punishment.
It is mandatory for a trial court to refer a death penalty case to a high court
for confirmation of sentence within 30 days of the pronouncement of the
verdict.
(source: The Hindu)
******************
Allahabad HC Commutes Death Penalty In Rape-Cum-Murder Case
The State has failed to show that the appellant is a continuing threat to the
society or he is beyond reform or rehabilitation, the Bench observed. The
Allahabad High Court has commuted the death sentence awarded by a trial court
for a man accused of raping and murdering a 4-year-old girl, to life
imprisonment.
Upholding the conviction recorded by the trial court, the Bench comprising
Justice Ramesh Sinha and Justice Vinod Kumar Srivastava said: "The prosecution
has proved its case beyond reasonable doubt by chain of circumstances which led
to only conclusion that the accused-appellant committed rape on the victim and,
thereafter, she was strangulated to death by him, hence the conviction of the
appellant by the trial court is perfectly justified and correct which is hereby
upheld."
However, the Bench also observed that the death penalty imposed on the convict
needs to be reduced to imprisonment for life, citing following the reasons:
"The State has failed to show that the appellant is a continuing threat to the
society or he is beyond reform or rehabilitation. Secondly, accused appellant
Ranjeet was aged about 20 years, when his statement was recorded by the trial
court under Section 313 CrPC on 1.6.2013. Thirdly, there is no material shown
by the State or the complainant to that there was a probability that the
appellant would again commit criminal acts of violence as would constitute a
continuing threat to the society."
The court further observed: "In the instant case, a minor girl aged about 4
years was murdered after committing rape on her by the appellant, which is
undoubtedly a grave and heinous offence for which the duty of the court is to
impose adequate punishment depending upon the degree of criminality and
desirability to impose such punishment, as a measure of social necessity and
also as a means of deterring other potential offenders the sentence should be
appropriate and befitting the crime. Having considered the principles discussed
in the Bachan Singh case (Supra) as well as Rameshbhai Chandubhai Rathod
(supra) and other cases of the apex court mentioned above, we are of the
opinion that the present case does not fall within the category of 'rarest of
rare cases' where the other option of awarding a sentence of imprisonment for
life is unquestionably foreclosed. The death sentence taking into all
aggravating and mitigating circumstances, the appellant's death sentence is
commuted to life imprisonment to extend to the full term of life of the
appellant would be sufficient and meet the ends of justice. We, therefore,
reduce the sentence under Section 302 I.P.C. of death of the appellant to life
imprisonment which extend to the full term of life of the appellant. The
sentence imposed by the trial court on the appellant on all other counts would
remain unaltered."
(source: livelaw.in)
PAKISTAN:
Economic, Social and Cultural Causes of the Death Penalty and Torture in
Pakistan
OMCT and Justice Project Pakistan submitted a joint report on Pakistan ahead of
the 61th session of May-June 2017.
In December 2014, following the tragic terrorist attack on the Army Public
School in Peshawer, the Government of Pakistan lifted a 6 year moratorium on
the death penalty. Initially lifted to apply to terrorism related offences, the
moratorium was lifted for all capital offenses in March 2015. In a span of less
than 2 years the Government of Pakistan has executed over 405 prisoners,
thereby becoming the 3rd most frequent executioner in the world.
(source: omct.org)
PHILIPPINES:
De Lima hits Duterte: Go signal of Veloso execution 'disgusting, not
surprising'
It's disgusting yet something not surprising from the President.
Neophyte Senator Leila De Lima on Monday, September 12, slammed President
Rodrigo Duterte for allegedly giving a go signal to the execution of Mary Jane
Veloso, a Filipina on death row in Indonesia.
The President's act, while deplorable, is nothing new, with the senator citing
the present government policy on extrajudicial killings in the country.
But then again, are we surprised? In our own country, more than 40 people are
killed without any trial everyday. So what is the worth of another life, the
life of Mary Jane Veloso.
"Judicial or extrajudicial executions, that is now the policy of the
government. It's saddening. It makes me cry. It's shocking in a disgusting
way." Calling the remark "disgusting," De Lima said it is heartbreaking for no
less than the President to easily "throw away" all government efforts in saving
Veloso's life. As President, it is well within Duterte's power to hold off the
execution, De Lima said.
"I am sad and heartbroken that the President will throw away all our efforts to
save a life just like that, when it is still in his power to request for the
holding off of the execution," De Lima said.
Senator Francis Pangilinan, for his part, shared the same dismay over the
reported statement of the Philippine president.
"This is hearbreaking. I am at a loss for words to describe how it has come to
this," Pangilinan said.
'All efforts have come to nothing'
With Duterte's apparent go signal to the Indonesian government, the senator
claimed that the administration is no longer keen on saving the life of Veloso.
"This means he will no longer intercede, and that saving Veloso's life is no
longer the policy of the President," De Lima said.
Unlike the present government, De Lima said the Aquino administration
prioritized saving Veloso's life.
"The fate of Mary Jane and saving her life has been important to us in the
Aquino Administration," she said.
The DOJ under her, she said, provided the Indonesian government the legal basis
to delay the execution using the "mutual cooperation treaty between the 2
countries on the prosecution of crimes" and by catching Veloso's recruiters.
The apparent new policy, De Lima said, erases and downplays past efforts.
"Now it appears all our efforts have come to nothing, because the President is
a firm believer in the death penalty and the punishment of those convicted of
drug trafficking, and these personal beliefs are now our government's foreign
policy insofar as the fate of Veloso is concerned," she said.
Former president Benigno Aquino III supposedly broke protocol in April 2015
when he directly talked with Indonesian Foreign Minister Retno Marsudi for a
last-minute appeal to save the Filipina on death row.
Aquino requested Indonesia to turn Veloso into a state witness so it could pin
down a drug trafficking syndicate, which allegedly includes Veloso's
recruiters.
Senate Minority Leader Ralph Recto, for his part, said Veloso deserves clemency
and the government's full support in securing it.
"[She] was not a drug lord. She was not even a user. On the contrary, she was
used to smuggle drugs without her knowledge," Recto said.
"If she was a conscious, willing participant in transporting drugs, then any
official reluctance in pursuing clemency for her can somewhat be explained,
although this can never be justified. But she was duped by con men, members of
an international syndicate, some of whom have been arrested," he added.
Malacanang should clarify the matter
Indonesian President Joko Widodo told reporters in Bahasa Indonesia on Monday:
"I have already spoken (to President Duterte) about Mary Jane's case. I said
that Mary Jane brought 2.6 kilograms of heroin. And I also told him about the
postponement of the execution. At that time, President Duterte said 'go ahead'
if (Mary Jane) were to be executed."
But Malacanang denied such statement, saying Duterte only said he would "not
interfere" with Indonesia's laws.
With the confusing statements, De Lima and Senator Paolo Benigno Aquino IV
asked the Palace to clarify the matter immediately. "There is still much
confusion in this, as Secretary Yasay has said that as a result of the meeting
of the 2 Presidents, the execution has been held off indefinitely. Malacanang
should clarify what actually happened," De Lima said.
"We hope the DFA can clarify the matter asap, not just for the public who are
faced with contradicting statements but more so for Mary Jane's family and
loved ones," Aquino told Rappler in a text message.
Senate Majority Leader Vicente Sotto III, however, believes that Duterte was
only misinterpreted.
"Taken out of context, I'm sure. President Duterte already issued a statement
saying he never said anything like that," Sotto told Rappler.
Senators Sherwin Gatchalian and Juan Miguel Zubiri, for their part, refused to
comment on the issue, saying they have yet to hear the whole story.
(source: rappler.com)
*******************
Rally for death row prisoner in Manila
Supporters of death row prisoner Mary Jane Veloso have gathered in Manila to
protest against her impending execution in Indonesia, following reports that
the Philippines President Rodrigo Duterte had given the go-ahead for the
penalty.
Veloso, who was arrested in April 2010 and sentenced to death 6 months later,
was granted a temporary reprieve in April last year despite the
state-sanctioned killings of 7 other death row inmates including Australians
Andrew Chan and Myuran Sukumaran.
Before Duterte assumed office at the end of June, the Philippine government had
twice intervened to try to save the life of the domestic worker and mother of
2, with the Department of Foreign Affairs (DFA) under the previous President
Benigno Aquino III piecing together a detailed timeline of events that
pinpointed Veloso's work recruiters as the real culprits.
Human rights and migrant worker organisations in both the Philippines and
Indonesia have engaged in social media campaigns and widespread public rallies
on behalf of Veloso, who throughout her trial has maintained that she was
initially recruited to Malaysia to clean houses, after which her recruiter
Maria Cristina Sergio requested her to travel to Yogyakarta, Indonesia.
Veloso, who hails from the impoverished Cabanatuan city in Central Luzon of the
Philippines, said Sergio had bought her new clothes for trip and equipped her
with a larger bag, which Veloso only upon her arrest discovered had heroin sewn
into the lining, according to the DFA account.
(source: news.com.au)
**************
Groups in Davao protest lowering age of criminal liability
Various organizations in Davao City are against the lowering the age of
criminal responsibility from 15 years old to 9 years old, as proposed in the
amendments to Republic Act No. 9344 of the Juvenile Justice and Welfare Act of
2006.
Lawyer Romeo Cabarde of Ateneo Public Interest and Legal Advocacy (Apila)
believes that children who committed crimes at a very young age are only
victims of circumstances.
"We understand the predicament and frustration of our society when we see our
children being involved in crimes and other activities that abuse and disregard
the rights of others. But, we believe that children in those situation, more
especially those that are deprived of the protection and care owed to them by
the state, the community and their parents, are also victims of the
circumstance," Cabarde said in a press conference on Monday, September 12,
during Kapehan sa Dabaw at SM City.
Davao del Norte Representative Pantaleon Alvarez filed House Bill 002 that
seeks to amend RA 9344 as amended by Republic Act No. 10630.
The bill is "a policy of the state to ensure that the Filipino youth shall be
taught to accept responsibility for their words and deed as early as possible,
and not to unduly pamper them with impunity from criminal responsibility upon
reaching the age of 9 years."
Contrary to the bill, Apila does not promote impunity but instead
responsibility.
They also said that present measure will only ensure incarceration and
punishment of the children but will not guarantee their rehabilitation and
development.
Cabrera mentioned that House Bill 001 of the restoration of death penalty has
already proposed and HB 002 is already down the line, chances are, children in
the coming days might already be on the list of the criminals subject for
punishment.
"It's a very deadly combination if you have death penalty and reducing the age
of criminal responsibility. We might see one of these days children being sent
to the death row in the country," he said.
According to him, their basic call right now to the government is to provide
the full and effective implementation of RA 9344 as amended by RA No. 10630 and
give it time to mature before again amending it.
"Let's see the full extent of the law. Along the way the study its impact and
effects to our community, to the crime rates and to our children in general
before we can even think of any amendments."
He also said that the proposal is only according to the "impulse" of the law
maker and not base on a study or a research their reason of its amendment.
He urged them to present their studies that would support their claims that at
nine years old, a child is already discerning.
"We have to repair the system that includes the family, church, school and the
government and all social institution. Sabinga it takes a village to raise a
child," he added.
Apila together with ACT for Children Alliance and Davao organization of Youth
against Child Trafficking (DoYouAct) has been firm with their stand in
disapproving the bill noting that it will only generate more harm than benefits
for the children.
President Jaziel Senadjan called on the government to launched comprehensive
programs or interventions for the children who committed crimes.
(source: Sun Star)
KENYA:
Debate on abolishing death sentence resumes in 28 counties
The Power of Mercy Advisory Committee will on Wednesday continue collecting
views on whether the death penalty and life imprisonment should be abolished.
CEO Michael Kagika said in a statement that findings will be documented and
recommendations drawn from citizens; opinions.
"The debate provides a platform for Kenyans to express their opinions on
capital offences and what forms of punishment capital offenders should be
subjected to," he said.
"At present, there are approximately 3,000 convicts who have been handed the
death sentence. Out of this number, only 300criminal offenders have gone
through the appeal process in court and can therefore be said to be on death
row."
There are currently 5 crimes classified as capital offences. Murder, treason,
robbery with violence, attempted robbery with violence and oathing for criminal
activities by proscribed groups including terrorists attract the death penalty
upon conviction.
POMAC, through meetings held meetings in 19 counties since June, found majority
of Kenyans want the death sentence abolished and life imprisonment reviewed.
Kagika said public discussions led by the committee and the National Crime
Research Centre will be held in the next 2 months in the remaining 28 counties.
The agency has partnered with stakeholders including county governments, the
Kenya Prisons Service, the ODPP and the judiciary to collect views.
The church and other faith-based organisations, women, youth, village elders,
media, civil society, persons with disabilities, the business community and
prisoners were encouraged to participate.
The committee will visit Kirinyaga, Nyeri, Nyandarua, Samburu, Murang'a,
Kiambu, Garissa, Kitui, Machakos, Makueni, Busia, Bungoma, Kakamega, Vihiga,
Nandi, Uasin Gishu and Elgeyo Marakwet.
Others are Trans Nzoia, West Pokot, Marsabit, Isiolo, Meru, Tharaka Nithi,
Embu, Turkana, Mandera, Wajir, and Nairobi.
(source: the-star.co.ke)
VIETNAM:
2 Vietnamese sentenced to death for trafficking 7 kilos of heroin
A court in the central province of Nghe An on Monday sentenced 2 people to
death and another to life in prison for trafficking 7 kilograms of heroin from
Laos to Vietnam.
Nguyen Quoc Khanh, 56, and Cu Minh Tuan, 31, have received the death sentences
while Ha Ba Hua, 27, will be imprisoned for life.
Another accomplice Nguyen Thi Luat, 21, got 20 years.
The court heard that Khanh had a deal with some people in Laos in June 2014 to
buy drugs and bring them into Vietnam.
He then hired Hua to accompany 3 Laotians to transport 7 kilograms of heroin
and 300 grams of methamphetamine into the country.
Tuan was caught in August 2014 while carrying the heroin to northern Vietnam
for sale.
Vietnam has some of the world's toughest drug laws. Those convicted of
possessing or smuggling more than 600 grams of heroin or more than 2.5
kilograms of methamphetamine face the death penalty.
The production or sale of 100 grams of heroin or 300 grams of other illegal
narcotics is also punishable by death.
Although the laws have been strictly enforced with death sentences handed down
regularly, drug running continues in border areas.
(source: vnexpress.net)
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