March 25
TRINIDAD:
Hanging 'barbaric', says Archbishop Harris
Roman Catholic Archbishop Joseph Harris said the root of crime must be
addressed instead of pushing for criminals to be hanged.
Harris was speaking during a Facebook live session on Wednesday.
Harris said he recalled when Dole Chadee and 8 others were hanged, there was a
'pall' hanging over the country.
"When Dole Chadee and his gang were hanged, there was a pall hanging over
Trinidad and Tobago for various days."
"There were a lot of people writing saying how awful it felt and how barbaric
it felt to have 9 people hanged in 2 days. It wasn't something that brightened
the soul of our people. And truly, it had no lasting effect."
"When we admit and want to reinstate hanging, we put ourselves in the company
of a bunch of nations I don't want to be associated with."
"I don't know if the people calling for capital punishment are reflecting on
that."
"I think it reflects the will of a group of people who are rather
loud-mouthed."
"It will not help. If the causes of crime and violence are not attended to,
crime and violence will continue."
"Hanging will not stop drugs coming into the country. Hanging will not stop
people fighting for turf, and so the murders will continue."
"You ask yourself, who brings in the drugs? Who brings in the guns? It's not
the poor boys from Laventille and Sealots, they don't have the money to do
that."
Government has enlisted the advice and help of former attorney general Ramesh
Lawrence Maharaj in order to enforce hanging once again.
Following a decision by the Privy Council in Pratt v Morgan (1993), it was
deemed unconstitutional to carry out death sentences for prisoners who spend
more than 5 years on death row. As the appeals process tends to take more than
5 years, this precedent limits the application of the death penalty in Trinidad
and Tobago.
The Archbishop, who turned 75 on Sunday, also announced his resignation, which
is in keeping with canon law.
According to the 1983 Code of Canon Law and the 1990 Code of Canons, most
bishops must submit resignations at the age of 75 and, once the Pope accepts,
the bishop automatically ceases to hold any fixed-term office held on a
national level.
The resignation was submitted to Pope Francis who will decide whether or not to
accept his resignation.
Harris said however that he remains willing to serve.
(source: looptt.com)
MALAYSIA:
Move to allow judges discretion in mandatory death cases
The Dangerous Drugs Act 1952 is to be amended to enable judges to use their
discretion in meting out sentences, the Dewan Rakyat was told.
This means judges would not have to impose the mandatory death sentence for
certain cases under the Act, as is the case now.
The Star quoted Minister in the Prime Minister's Department Azalina Othman Said
as saying: "The Cabinet has agreed to an amendment to Section 39(B) of the
Dangerous Drugs Act 1952 to include an additional clause to provide
discretionary powers to the courts when sentencing, apart from the mandatory
death penalty, for drug trafficking."
The Sun daily quoted her as saying: "This is especially for cases where it is
more reasonable for the offender to be given a jail sentence but the existing
provisions do not allow for the judge to mete out punishment other than the
death sentence."
Azalina said this in winding up the debate on the motion of thanks on the Royal
Address.
According to The Sun daily, Azalina, the de facto law minister, said the
Cabinet had come to the decision after a comprehensive study on the death
penalty was tabled by Attorney-General Apandi Ali during the Cabinet meeting on
March 1.
Azalina said the relevant ministry and agencies would prepare a Cabinet
ministers memorandum together with a recommendation to amend the Act for the
consideration and approval of the Cabinet.
To a question from Gobind Singh Deo (DAP-Puchong) if a moratorium could be
placed on pending cases, Azalina said it was too soon to say as the matter was
still at an early stage.
Azalina said according to Prison Department statistics, there were almost 800
prisoners on death row for drug trafficking offences.
******************************
Malaysian Bar: Halt all executions now
The Malaysian Bar has called on the government to declare a moratorium on all
pending executions.
This follows a decision by the Cabinet to amend Section 39(B) of the Dangerous
Drugs Act 1952 to include an additional clause providing discretionary powers
to the courts in sentencing drug traffickers.
Malaysian Bar president George Varughese said studies had shown that there was
no conclusive evidence of the death penalty having deterrent value,
particularly in respect to drug offences.
"It is prudent and just that the decision regarding whether to impose the death
penalty be left to the discretion of the judge," he said in a statement today.
He said in light of the imminent amendments, the council was renewing its call
to the government not to carry out executions in the interest of justice and
fairness.
"It is only right that when the reforms come into effect, they should be
applied retrospectively," he said.
On March 23, Minister in the Prime Minister's Department Azalina Othman Said
announced the decision following a presentation to the Cabinet by
Attorney-General Mohamed Apandi Ali.
She said she had directed the Solicitor-General to expedite the drafting of the
necessary legislative amendments.
Varughese said the death penalty should be ended for all crimes. "The Malaysian
Bar calls upon the government to act swiftly to abolish the death penalty for
all crimes, and to uphold the right to life, which is absolute, universal and
inalienable," he said.
"There are also provisions for the imposition of the mandatory death penalty in
the Penal Code and Firearms (Increased Penalties) Act 1971, and of the
discretionary death penalty in the Kidnapping Act 1961," he noted.
He stressed the Bar's stand that the death penalty was an "extreme, abhorrent
and inhumane punishment" irrespective of the crime committed.
Varughese said judges were currently prohibited from considering mitigating
factors and circumstances that surrounded each case before sentencing.
"Such mitigating factors can include, and are not limited to, the offender's
age, rehabilitation goals, past criminal record, role played in the offence,
mental capacity, reparations made, fear of another person, use of violence,
harm done to property or persons, and degree of cooperation with the
authorities," he said.
(source for both: freemalaysiatoday.com)
INDIA:
Subramanian Swamy's new Bill seeks the death penalty for those who slaughter
cows
Bharatiya Janata Party legislator Subramanian Swamy on Friday introduced a
Private Members' Bill in the Rajya Sabha that, among other things, seeks a
death penalty for those who slaughter cows. Swamy's Cow Protection Bill, 2017,
lists a number of measures on controlling the animal's killing and suggests
punishments for rule-breakers. The Bill will come up for hearing later during
the session.
The Bill suggests creating an authority to "ensure the stabilisation of the
population of cows," The Economic Times reported. It also seeks lists measures
for compliance with Articles 37 and 48 of the Constitution, which deal with the
directive principles of state policy and the protection of cows.
Private Members' Bills rarely get passed in Parliament and usually serve as an
opportunity for the legislator to provide their views on a certain subject.
Swamy's Bill comes at a time when the Adityanath-led Uttar Pradesh government
is cracking down on illegal slaughterhouses and meat shops around the state,
creating tensions between owners and vigilante groups. On Wednesday, 3
Muslim-owned meat shops in Hathras were set on fire, allegedly by a mob.
Lucknow???s chicken sellers went on strike on Friday saying they needed more
time to get their papers in order to avoid going out of business because of the
crackdown.
(source: scroll.in)
IRAN----executions
2 Prisoners Hanged on Drug Charges
The death sentences of 2 prisoners were reportedly carried out at Adel Abad
Prison (Lorestan province, western Iran).
According to close sources, Cyrus Ebadi, 36 years of age, and Farajbakhsh
Amrollahi were hanged on the morning of March 20, 2017 on drug related charges.
"Cyrus and Faraj were arrested in 2012 on the charge of approximately 3
kilograms of crystal meth and a small amount of opium. They were both sentenced
to death in the same case file by the revolutionary court in Shiraz," a source
close to Cyrus and Faraj told Iran Human Rights.
These 2 prisoners had reportedly been transferred to solitary confinement on
Friday March17 in preparation for their executions.
Executions for drug related charges continue in Iran despite a bill allegedly
approved by the Judicial Committee of the Iranian Parliament to halt the death
sentences of thousands for drug related charges.
****************************
Hamadan Central Prison: 22 Prisoners in Imminent Danger of Execution
Iran Human Rights has been informed of the name of at least 22 prisoners whose
death sentences were approved by Iran's Supreme Court and as a result can be
carried out at any moment. These prisoners are in imminent danger of execution.
IHR has confirmed the names of 22 of these prisoners. One of the prisoners is a
19-year-old who was sentenced to death for a crime that he allegedly committed
when he was under the age of 18.
Approximately 2,500 prisoners are held in Hamedan Central Prisonon various
charges, and Iran Human Rights has received multiple reoprts about the
mistreatment of these prisoners. The charges of the prisoners include drug
related offenses, murder, dowry offenses, and theft.
The following is the name, age, city of residence, judicial charges and date of
arrest for the 22 prisoners who Iran Human Rights has confirmed are in imminent
danger of execution:
1) Keyvan Hassani, 19, Ilam, murder, 2011
2) Teymour Yavari, 31, Fuman, drug related, 2010
3) Hassan Khaleghi, 29, Dehgolan, drug related, 2010
4) Ali Reshadat, 42, Kermanshah, drug related, 2010
5) Ismael Abbaszadeh, 37, Hamedan, Murder, 2014
6) Yassin Ahmadi-Eghdam, 35, Maku, drug related, 2012
7) Mohammad Salim Bahari, 41, Hamedan, murder, 2011
8) Saeed Zareh, 27, Kermanshah, drug related, 2012
9) Ebrahim Dadkhah, 37, Sardasht, drug related, 2013
10) Taher Babarasouli, 44, Kamiaran, drug related, 2010
11) Mozaffar Efatnia, 29, Javanroud, drug related, 2012
12) Rashid Ali Aghaie, 27, Mahabad, murder, 2007
13) Mohsen Hassanzadeh, 38, Hamedan, drug related, 2013
14) Heshmat Abbas Garousi, 41, Qorveh, drug related, 2012
15) Jamil Panahi, 32, Kermanshah, drug related, 2013
16) Emran Askardasht, 30, Hamedan, murder, 2010
17) Hassan Dariush Nejari, 32, Takab, murder, 2010
18) Eskandar Bakhshoudeh Asl, 38,Sanandaj, drug related, 2013
19) Ghorban Ali Azarkheyr, 45, Kermanshah, drug related, 2012
20) Bakhtiar Leilinejad, 31, Dehgolan, murder, 2010
21) Ali Rasouli, 28, Sardasht, drug related, 2014
22) Hossein Abidi, 32, Qorveh, murder, 2013
(source for both: Iran Human Rights)
PHILIPPINES:
Duterte Resumes Idea of Capital Penalty in the Philippines
Philippine President Rodrigo Duterte has resumed the idea of applying martial
law if the problem of drug trafficking and drug use worsens, according to the
country's main news media.
Duterte stated that the introduction of the death penalty 'will put an end to
all the problems of the country and will solve other threats to security, not
just those related to drugs.'
The head of state believes that drugs and crime are the main dangers for the
future of the Filipinos and launched a campaign against drug traffickers and
consumers that has more than 6,000 dead and thousands of people detained.
After asuming power last June, the president requested the reinstatement of the
death penalty, abolished in 1987, reintroduced in 1993 and again canceled in
2006.
The Constitution of the Philippines establishes that the head of state can only
declare martial law in case of invasion or rebellion, when public security
requires it, and Congress has the right to revoke it.
(source: Prensa Latina)
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