March 2
THAILAND:
Koh Tao Defense Team to File Appeal With Thai Supreme Court
The legal defense team representing the 2 Burmese migrant workers sentenced to
death for the 2014 murder and rape of 2 Britons in Thailand's Koh Tao island,
will next file an appeal with the Thai Supreme Court, after being rejected in
the appeal court.
U Kyaw Thaung, a member of the men's defense team, said, they have been
discussing when to submit the next appeal, to Thailand's highest court. "We
will do so within the next week," he told The Irrawaddy.
The defense team said they were not formally informed about the ruling in this
very controversial case, in which the 2 men, Win Zaw Htun and Zaw Lin, received
the death penalty for charges they have denied, involving the deaths of British
nationals Hannah Witheridge, 23, and David Miller, 24.
The verdict was handed down by the Koh Samui Township Court in December 2015,
and the 2 men lost their appeal to the District Court of Appeal in March 2017.
The appeal was nearly 200 pages long and argued that the DNA evidence which led
to the conviction was inadmissible and had not been "collected, tested,
analyzed or reported in accordance with internationally accepted standards,"
Reuters reported.
U Htoo Chit, the director of the Foundation for Education Development - an
organization providing outreach to migrant workers in Thailand - said, "the
Lawyer's Council of Thailand - the legal body assisting the Burmese defense
team - was not officially informed about the verdict of the appeal. But we will
consult with the defense lawyers to keep our appeal in accordance with the Thai
judicial system."
"Also we learned that Win Zaw Htun and Zaw Lin were not properly informed
through the translator, either," he added. "But the District Court of Appeal
upheld the verdict of the [Koh Samui] township criminal court ruling."
It was not clear when the Appeal Court's verdict was made, but it was known
publicly after being published in Thai media on Wednesday afternoon, said the
defense team members.
(source: irrawaddy.com)
INDIA:
India Sentenced To Death Twice As Many People In 2016 As In The Previous
Year----However the Supreme Court is growing less likely to confirm death
sentences.
Sessions courts handed down nearly twice as many death sentences in 2016 as
compared to 2015, new data for 2016 compiled by the Centre on the Death Penalty
at the National Law University Delhi shows.
Over half of the 136 death sentences in 2016 (70 in 2015) were for murder
simpliciter, in which the accused was convicted for murder only. In all,
sessions courts have handed down 1,790 death sentences between 2000 and 2015.
Despite the Supreme Court in 2015 making it clear that death warrants - an
order by a court that has issued a death sentence specifying the time and date
that the execution is to be carried out - are not to be issued in haste,
secrecy or before the accused has exhausted all his or her legal options, the
report found that Sessions courts issued 5 death warrants in 2016 before the
accused had exhausted their legal options. These were later cancelled by higher
courts.
High Courts confirmed 15 death sentences in 2016 (handed down by sessions
courts in earlier years), commuted the sentences of 44 convicts and acquitted
14 people.
The most significant change came at the level of the Supreme Court - of the 7
criminal appeals on the death penalty that came before it in 2016, the SC
confirmed none (it did however confirm one death sentence at the review
petition stage). This was a notable departure from the previous year, when the
SC 8 of 9 appeals that came before it. Seventy-one criminal appeals on the
death penalty are still pending before the SC.
President Pranab Mukherjee disposed of 6 mercy petitions in 2016, rejecting 5
and commuting to life one in a case that was confirmed by the SC in 2000,
leaving the convict, Jeetendra Singh Gehlot, with no idea of his fate for 16
years.
There were 397 people in all on death row at the end of 2016, 11 of them
sentenced under the Army Act and little was know of their status.
Despite being the harshest possible punishment, the administration of the death
penalty in India remains shrouded in mystery.
"It is almost impossible to state with any kind of certainty the number of
death sentences handed out in any given year or even know the exact number of
prisoners under the sentence of death at any given point," the researchers
noted. "Additionally, the fact that there exists no reliable data even on the
number of executions carried out in independent India speaks to the opacity
that surrounds the death penalty," they wrote.
The researchers used RTI applications, official data from some courts, court
judgement data and news reports to compile the report.
(source: huffingtonpost.in)
GHANA:
Emile Short Calls for the Abolishment of Death Penalty
The Former Commissioner on Human Rights and Administrative Justice (CHRAJ)
Justice Emile Short has suggested that death penalty should be abolished from
the country's statutory books.
According to him, death penalty does not serve as a deterrent to people who
commit crimes.
Speaking on Ultimate Breakfast Show hosted by Lantam Papanko, Justice Short
bemoaned the horrific treatment suspects slapped with death penalty go through
in prisons.
According to him, conditions at the cells will be a lot better if death penalty
is abolished and suspects are rather given life imprisonment.
'There is the need for the National Commission on Civic Education (NCCE), CHRAJ
and the media to sensitise people to understand that it is imperative to
abolish death penalty,' he suggested.
He called on the government to revive the constitutional review commission
which recommended its abolishing.
'There is no doubt that death penalty should be abolished. As a country, we
don't believe in carrying out death penalty but its just in our statutory
books. The constitutional review commission recommended that it should be
abolished. And government white paper accepted that, so its only left for the
implementation of the recommendation which requires a referendum,' he opined.
Touching on instant justice, the Former Commissioner of CHRAJ suggested that
persons involved in the acts without resorting to the law should be prosecuted.
He believes this will serve as deterrent to offenders who beat suspected
thieves to death.
Justice Short said it is inhumane to subject suspects to severe beatings which
lead to death.
'I think its most unfortunate, its despicable act, in a country where we
believe in the rule of law and respect for human rights such incidence should
not happen, everybody is innocent until proven guilty, the law must take its
cause, its not for individuals to take the laws into their own hands. I don't
know the mentality of those who commit do such acts, the bestial instincts in
some people which give rise to such acts, I think we need to condemn it in no
uncertain terms,' he said.
(source: newsghana.com.gh)
*****************
Death penalty is a human rights violation
The Acting Director of Amnesty International, Mr. Frank Doyi is advocating for
the death penalty to be scrapped from the constitution because it is a human
rights violation.
According to him, Ghanaians have demonstrated time and again that the death
penalty is not something that they want it in the constitution and it is
reasonable enough to scrap it.
We cannot have a constitution that provides for the enjoyment of life and at
the same time gives power for that same life to be taken. Ghanaians are asking
for the death penalty to be repealed and all that government needs is the
political will to do that," Mr. Doyi explained.
Discussing the latest report released by Amnesty International calling for
women and children rights to be respected and protected on 'State of Affairs'
on GHONE TV, Mr. Doyi explained that the report is aimed at addressing the
copious human rights infractions in Ghana to enable Ghanaians to fully enjoy
their freedom and democratic values.
He described the conditions at the various prisons in the country as
unfortunate and inappropriate. In his view, government must endeavour to
improve the prisons to serve its purpose as a rehab centre where people who go
there are rehabilitated and reinstated in society.
"Regardless of who you are or your status, you can be in prison. It could be
you and it could be me. So all that we are saying is that lets upgrade the
prisons. The heat, the congestion, the diseases and manhandling in the prisons
are all human rights violations which should be avoided."
Mr. Doyi acknowledged that one of the best ways to reduce congestion in the
prisons is to avoid non-custodial sentences.
A Senior Lecturer, Law Faculty, University of Ghana,Dr. Kwadwo Appiagyei-Attuah
who was also on the program shared similar sentiments and advised government to
dispel the notion that if it softens its stance on criminals and evil doers in
society, violence escalate and see reforming the prisons as an urgent priority.
"Perhaps government thinks that making the prisons better will entice more
wrong doers in the country that is why it has kept the current status of the
prisons intact. But exposing inmates to overheating, congestion and all that is
also a violation of their human rights because it leaves them with
psychological trauma," Dr. Appiagyei-Attuah posited.
In his estimation, improving conditions in the prisons will require money and
advised government to be innovative enough to raise the funds for the project
even if it doesn't have the money because the country is lagging behind in
terms of the UN standards for conditions in the prisons.
They both called on the government to speed up the implementation of the Rights
to Information Bill. This they believe will keep Ghanaians well informed to
participate in National discourse and make meaningful contributions to the
country's development.
(source: ghanaweb.com)
UNITED NATIONS:
Capital punishment should be abolished - UN
The UN High Commissioner for Human Rights, Zeid Al Hussein, has reiterated his
call for the abolition of death penalty saying its subjecting convicts to
mental anguish constitutes human rights violations.
Zeid made the call on Wednesday at the opening of the biennial high-level panel
discussion on the death penalty, which was organized as part of the Human
Rights Council's session for 2017.
He explained that capital punishment raised serious issues in relation to the
dignity and rights of all human beings, including the right to life and the
right not to be subjected to torture or to cruel, inhuman or degrading
treatment.
"International and national bodies have determined that several methods of
execution are likely to violate the prohibition of torture because of the pain
and suffering they are likely to inflict on the convicted person.
"Studies of the severe pain and suffering caused by other methods has continued
to extend this list, to the point where it has become increasingly difficult
for a State to impose the death penalty without violating international human
rights law," Zeid said.
He pointed out the long and highly stressful period that most individuals
endure while waiting on death row for years, or even decades, and frequently in
isolation, for an uncertain outcome.
According to him, such situation has also been referenced as constituting
torture or cruel, inhuman or degrading treatment.
"This 'death row phenomenon' has been recognized by the UN Human Rights
Committee and other bodies at the international, regional and domestic levels,
as well as by the California Supreme Court.
"When the authorities fail to give adequate information about the timing of
executions, they keep not only the convicted person but also his children and
other family members in permanent anticipation of imminent death, he explained.
"The severe mental and physical suffering which are inflicted by capital
punishment on the person concerned and family members should now be added to
the weight of the argument.
"This is another reason why the death penalty should be abolished, besides its
capricious and often discriminatory application and its failure to demonstrate
any deterrent effect beyond that of other punishments."
The UN rights chief recalled that a former Special Rapporteur had recommended
that the Human Rights Council request a comprehensive legal study regarding the
emergence of a customary norm according to which the death penalty constitutes
torture or other cruel, inhuman or degrading treatment or punishment.
Zeid said it has been 10 years since the UN General Assembly resolution of
December 2007, which urged States to adopt a moratorium on the use of the death
penalty, with a view towards its full abolition.
The UN rights chief said over this decade, the global trend against capital
punishment has become increasingly strong, with almost 3 out of 4 countries now
having either abolished it or stopped practicing it.
"However, the overall number of executions in States that continue to resort to
the death penalty has increased in the last 2 years, and some States in which a
moratorium had been in place for many years have recently resumed executions.
"I take this opportunity, once again to urge all States to end use of the death
penalty," Zeid said.
(source: thenewsnigeria.com.ng)
CHINA:
Colombia protests execution of 72-year-old drug mule
A retired journalist who joined the criminal underworld while researching a
book on South America's drug cartels became the 1st Colombian, and possibly the
1st Latin American, to be executed in China for drug offenses.
The execution Monday night of Ismael Arciniegas occurred amid a last-ditch
diplomatic effort by Colombia's government to save the 72-year-old's life.
Arciniegas was arrested in 2010 arriving by plane to the southern port city of
Guangzhou trying to smuggle almost 4 kilograms of cocaine in exchange for
USD5,000.
But his downfall came decades earlier, in the 1980s, when he began researching
a book on drug cartels in his native Cali, according to his son, Juan Jose
Herrera, who described to local media the heart-breaking, 20-minute phone
conversation he and family members had with his father shortly before he was
taken to a room to be killed by lethal injection.
"God has opened his gates for me," a calm Arciniegas said in the tear-filled
conversation, an excerpt of which was broadcast by Blu Radio. "Remember me
warmly, with love. I'm going very tranquil, very relaxed. Nothing worries me."
Colombia's government expressed its condolences to Arciniegas' family and
reiterated its objection to China's use of capital punishment. Since November,
China has repatriated 2 convicted Colombian drug traffickers for humanitarian
reasons so they could complete their sentences back home.
"We fought until the last minute to save his life," the foreign ministry said
in a statement, adding that it was making arrangements to repatriate
Arciniegas' ashes to his family in Cali.
The execution threatens to strain relations between the 2 important commercial
partners because, according to Colombian officials, there are 15 more people
from the South American country on death row in China and an equal number
sentenced to life imprisonment. Both punishments are illegal in Colombia.
But while news of Arciniegas' death dominated social media in Colombia on
Tuesday an online survey by Blu of almost 5,000 people showed 52 % in agreement
with the harsh punishment.
China is the world's top executioner, although it's unclear how many foreigners
have been sentenced to death in China for drugs or other offenses. A Chinese
state media report said in 2015 that a dozen foreign people had been sentenced
to death after being convicted of drug dealing. Most were from Japan, South
Korea and Southeast Asia, the report said.
Chinese law states that anyone convicted of smuggling, selling, transporting or
producing more than 1 kilogram of opium, or 50 grams of methamphetamine or
heroin, or a large amount of other drugs, could face the death penalty.
"Chinese judicial authorities have been cracking down in accordance with law,"
Geng Shuang, a spokesman for China's foreign ministry, said at a briefing
Tuesday when asked about Arciniegas??? execution. "China always attaches
importance to the protection of human rights and the right of life. The
legitimate right and interest of the individual involved in the case has been
guaranteed."
Colombia is the world's largest producer of cocaine, a phenomenon that since
the days of Pablo Escobar has generated eye-popping fortunes but also afflicted
countless numbers of poor families drawn to the drug trade with the promise of
easy money. More than 8,500 Colombians are being held in jails around the world
for drug trafficking, including 146 in China, authorities said.
Herrera said his family was especially cursed.
His father was imprisoned for drug offenses when he was born, his mother died
of an overdose when he was 2 years old and a brother was killed a few years ago
by unknown assassins in Cali, one of the cities that is most-ravaged by drug
trafficking. His uncle, Arciniegas' brother, was also arrested trying to sneak
drugs into China and died in jail there of a stroke in 2013.
Herrera said his father's bookish background - he spoke several foreign
languages and was an obsessive writer - made him an attractive drug mule to
criminals he met in the 1980s while researching a never-published book, to be
called "Satanic War," about the damage caused Colombia by the drug war. Shortly
after, he amassed a small fortune but later saw his riches and contact with his
family all but disappear when he was jailed in Colombia.
When he traveled to China in 2010, he had fallen on hard times and was trying
to rebuild.
"They filled him with greed and led him to make a mistake that cost him his
life," Herrera, who has a tattoo of his father's face on his chest, told Blu.
"He was only a pawn in the game."
(source: Macau Daily Times)
MALAYSIA----2 women, foreign nationals, face death penalty
2 face gallows over murder
Vietnamese Doan Thi Huong and Indonesian Siti Aisyah are facing the gallows for
the alleged murder of a North Korean on Feb 13. The women were charged under
Section 302 of the Penal Code that carries the mandatory death penalty upon
conviction. The charge was read together with Section 34 of the same Code.
Siti Aisyah was the 1st to appear before the magistrate's court here yesterday.
In the charge sheet, she was accused, together with four men still at large, of
murdering a "Kim Chol" at the KLIA2 departure hall in Sepang.
"Kim Chol" is the name that Kim Jong-nam, the half-brother of the country's
leader Kim Jong-un, usually travels under.
Siti allegedly committed the offence at 9am on Feb 13. The charge was read out
to her in Bahasa Indonesia through an interpreter.
She nodded, signalling that she understood the charge. No plea was recorded.
DPP Muhamad Iskandar Ahmad asked the court for 1 1/2 months to get all the
relevant documents before the case is transferred to the Shah Alam High Court.
Lawyer Gooi Soon Seng, who represented Siti, applied for the court to grant a
gag order against the police and potential witnesses from issuing statements to
the press that could incriminate or compromise his client's case.
"This application is to ensure her right to a fair trial is not compromised.
Those statements are sub judice," Gooi said.
Sessions Court judge Harith Sham Mohamed Yasin, sitting as a magistrate,
granted the gag order and fixed April 13 for mention.
After Siti was led out of the courtroom, Doan was brought out before the judge.
She was charged, together with 4 men still at large, with the same offence, at
the same time. Her charge was read out in Vietnamese.
Doan said she understood the charge. No plea was recorded. She was represented
by lawyer S. Selvam.
DPP Muhammad Iskandar asked for a joint trial for both cases at the Shah Alam
High Court. The court allowed the application and fixed April 13 for mention.
Representatives from Indonesian and Vietnamese embassies were in court,
including Indonesian deputy ambassador to Malaysia Andreano Erwin.
Earlier before the charging, both women were brought to the KLIA2 to have their
identities confirmed.
The police took their photos at the site of the killing to compare this with
the CCTV footage. Doan appeared calm throughout the 30-minute process.
Jong-nam was killed at KLIA2 on Feb 13 after 2 women smeared him with a
chemical that has since been identified as the VX nerve agent.
Doan was arrested on Feb 15 as she was attempting to catch a flight back to
Vietnam, while Siti was detained early the next day.
Police have also arrested a 3rd suspect, North Korean citizen Ri Jong-chol, and
are seeking 3 more men, including North Korean embassy second secretary Hyon
Kwang-song.
Attorney-General Tan Sri Mohamad Apandi Ali said Ri, 47, was still being
investigated by police and would make a decision by tomorrow on whether to
charge him.
(source: thestar.com.my)
PHILIPPINES:
House OKs death to drug dealers
Through a "shouting match," the House of Representatives approved on 2nd
reading Wednesday House Bill 4727, a watered-down death penalty bill imposing
capital punishment only on drug manufacturing and trafficking.
With the "viva voce" vote, there was no official tally as those for or against
the divisive measure only had to shout "aye" or "nay."
Deputy Majority Leader Juan Pablo Bondoc moved for the approval of the bill on
2nd reading around 7:30 p.m., and Deputy Speaker Raneo Abu of Batangas ruled
that the ayes had it.
Bondoc rushed to end the period of amendments to block Albay Rep. Edcel Lagman,
who repeatedly proposed amendments to remove death penalty as punishment for
any crime.
Rep. Reynaldo Umali of Oriental Mindoro, the House justice committee chairman,
rejected Lagman's proposed amendments at every turn for 2 hours.
Lagman's persistence on his amendments that would render the death penalty
useless prevented Rep. Harry Roque of Kabayan party-list from proposing lethal
injection as the sole mode of execution and introducing a sunset provision that
would have limited the implementation of death penalty until noon of June 30,
2022 or the end of the term of President Rodrigo Duterte, who pledged to bring
back capital punishment in the 2016 campaign.
Roque gave his colleagues the heads up on his proposed amendment on lethal
injection before yielding the floor to Lagman. In the end, Bondoc did not allow
Roque to propose any amendment.
The bill proceeds to a vote on third reading. The Senate has yet to pass its
own version of the bill.
No nominal voting
Lagman and his fellow anti-death penalty lawmakers Rav Rocamora of Siquijor,
Tom Villarin of Akbayan, Jose Atienza of Buhay party-list repeatedly moved for
nominal voting - with each member saying yes or no on the podium - on the
amendments and on second reading approval, but were defeated.
Atienza vowed to question the vote in court, and wondered why the House Super
Majority coalition rushed to pass the bill on 2nd reading.
Only 28 lawmakers favored nominal voting, short of the required 1/5.
Not all of the Liberal Party's 32 members voted for nominal voting that could
have stalled the approval of the death penalty bill. The erstwhile ruling party
had previously vowed to block the measure.
Among the 28 lawmakers who favored nominal voting were Makabayan bloc lawmakers
from party-list groups Bayan Muna, Gabriela, Alliance of Concerned Teachers,
Kabataan and Anakpawis.
50-50 in the Senate
Senate Majority leader Vicente Sotto 3rd admitted on Wednesday there was a
"50-50" chance of getting the proposal to re-impose death penalty in the
country passed in the chamber, but said more senators might change their
position if proponents of the bill agree to limit its scope.
"We were able to get some senators to support the revival of the death penalty
because I agreed to limit it to high-level drug trafficking," he added.
"But if you are a pusher caught with a kilo of shabu, you will not be
qualified," he added.
Senator Paolo Benigno Aquino 4th said the proposal to revive death penalty
would be seriously debated in the plenary.
"The minority will play an active role in the debates and we will make sure
that counter perspectives are given a space in the Senate," said Aquino, the
new deputy minority leader.
The Senate Committee on Justice and Human Rights had started hearing proposals
to restore the death penalty, but the hearings were indefinitely suspended amid
worries the country might violate the 1986 Treaty of International Convention
on Civil and Political Rights.
The treaty prevents states from carrying out execution as a form of punishment.
Aquino said lawmakers must confer with Foreign Affairs officials regarding
international treaties in connection with the bill.
But Justice Secretary Vitaliano Aguirre 2nd has maintained that while treaties
are part of the law of the land, a country can still get out of such
agreements, especially when there are compelling reasons.
VACC holds vigil
Members of the Volunteers Against Crime and Corruption (VACC) held a vigil
outside the House of Representatives to urge lawmakers to approve the death
penalty on heinous crimes, not just drug manufacture and trade.
Some members of the anti-crime group held up pictures of massacre and murder
victims.
"We are pro-death penalty. We believe that having death penalty will reduce the
number of those committing violence, especially those who commit murder,
rape...the same goes for corruption so we also want plunderers to be included,"
VACC chief coordinator Rose Roque said.
VACC founding chairman Dante Jimenez told The Manila Times: "I hope that if the
House approves the death penalty bill tonight, the Senate will support also the
death penalty to help the victims of heinous crimes in their quest for genuine
justice."
He cited the terrorist Abu Sayyaf Group's beheading of a German hostage. "I
hope our lawmakers will wake up because if this happens to them, what will
their families say about the death penalty? Jimenez said.
(source: Manila Times)
*********************
Ateneo de Manila students walk out of classes to reject death penalty
bill----The university's student government leads the walk out after an
overwhelming majority in the House of Representatives approved the death
penalty bill on 2nd reading
Hundreds of Ateneo de Manila University (ADMU) students walked out of their
classes at 11 am on Thursday, March 2, to protest the approval of House Bill
(HB) Number 4727 on second reading in the House of Representatives.
The university's student government organized the protest after a majority in
the House passed by a vote of ayes and nays the controversial measure which
seeks to reimpose the death penalty for several drug-related crimes.
Legislators gave their nod to House Bill Number 4727 on the same day the
Philippines, a predominantly Catholic country, commemorated the start of the
Lenten Season on Ash Wednesday.
Students held a short program inside the campus before heading out to Gate 2.5
of the campus to hold a noise barrage and lightning protest.
Some students also dramatized their protest through a tableau that represented
injustices in the country.
Divided faculty
The university's faculty was divided on the walkout which disrupted classes.
While some gave their wholehearted support, others asked why the students did
not hold the protest at 5 pm, when less classes are happening.
On Wednesday night, netizens also took to Twitter their opposition to the death
penalty bill as the hashtag #NoToDeathPenalty trended.
A priority legislation of President Rodrigo Duterte, the death penalty measure
will only need to go through 3rd and final reading before it is transmitted to
the Senate. The House is expected to finally approve the contentious bill on
Tuesday, March 7.
(source: rappler.com)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
