Oct. 1
MALAYSIA:
The 2 women 'pawns' facing death penalty over assassination of Kim Jong-un's
brother
2 young Asian women are expected to plead not guilty to one of the most
audacious crimes of the year on Monday, when they stand trial in a Malaysian
court for the murder of the half-brother of North Korea's despotic young
leader.
Indonesian Siti Aisyah, 25, and Doan Thi Huong, 28, from Vietnam are charged
with murdering Kim Jong-nam, 45, at Kuala Lumpur airport on February 13 by
smearing his face with VX, a chemical weapon the United Nations has described
as a weapon of mass destruction.
The pair have claimed from the start that they did not know they were taking
part in the international assassination of dictator Kim Jong-un's estranged
relative, and believed they were taking part in a TV prank show. They face the
death penalty if convicted.
(source: telegraph.co.uk)
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Online outrage over death of navy sailors
The death of 2 Royal Malaysian Navy (RMN) personnel while in the detention unit
at Sungai Wangi, Sitiawan in Perak on Friday has sparked widespread outrage
with people calling for justice for the duo.
Netizens who took to social media to comment on the incident said those
responsible should be made to pay for loss of lives of the 2 navy men.
"Punish the murderers accordingly and set it as an example for all to observe
and obey the law as well as to respect others," said Weng Kit, who posted a
comment on the New Straits Times Facebook page.
Ahmad Tejuddin Abdul Majeed wrote: "The medical report is final. Any suspected
foul play must be investigated and if found to be any acts of brutality, all
those involved in at the detention unit must be charged in court.
Romuald Nonis said: "They had families and could anyone do such things to these
guys? Get the culprits and send them to the gallows. My deepest condolences to
their families and friends."
Meanwhile, Maurice Ryan Downs said: "It sounded very weird to me when 2
individuals died at the same time at the same place for seemingly the same
reason."
Laura Wong said: "Angry that the thoughtless and cruel acts or some people
caused the death of two young and able men. I feel sad for them and their
parents. May they rest in peace."
Another said: "These are the people trained to protect the country and its
citizens, but instead they were tortured by own countrymen."
Some of the netizens also questioned the standard operating procedures at the
detention unit and called for a review to the existing procedures.
"Must it torture to toughen a man? Is it an accepted practice in the whole
world to heightened one's endurance level," said Klissa Siti.
Earlier yesterday, RMN had confirmed that the 2 died while at the detention
unit on Friday.
According to the statement, the 2 appeared to be exhausted and were vomiting
and having breathing difficulties after undergoing physical training according
to the (SOP).
The duo then were then given treatment by staff at the unit but were pronounced
dead by the paramedics at 3.15pm.
However, post mortem from the Pathology Department of the Raja Permaisuri
Bainun Hospital revealed that the 2 sailors- Nik Muhammad Baihaqy Nik Mat, 28,
and Muhammad Lailatulman Mohd Sukri, 26, died due to bleeding on the lungs and
blunt trauma on soft tissue.
This morning, 3 RMN personnel, who were on duty on the day of the incident,
were remanded for 7 days today to assist in an investigation.
Magistrate Nur Shaqira Ibrahim granted a 7-day remand request on the 3
personnel, aged between 29 and 44, starting from today until Oct 7.
The case is being investigated under Section 302 of the Penal Code, which
carries the death penalty upon conviction.
(source: nst.com.my)
BARBADOS:
Pressure is on to end death penalty----Government is facing an international
campaign intended to pressure Barbados into abandoning the death penaltyRelated
articles
3 human rights organisations, the Advocates for Human Rights (The Advocates),
the World Coalition Against the Death Penalty (World Coalition), and the
Greater Caribbean for Life (GCL), have submitted a "joint stakeholder report"
to the United Nations' (UN) Human Rights Council calling for Barbados to
abolish the death penalty and replace it with "human-rights centred
legislation".
The trio, based in the United States, France, and Trinidad and Tobago
respectively, also recommended that "current death sentences should be
commuted".
The Sunday Sun learnt that their recommendations were included in a report sent
to the UN body ahead of Barbados' next Universal Periodic Review (UPR) due in
January.
(source: Nation News)
CAYMAN ISLANDS/JAMAICA:
Suspected Jamaican killer fights deportation
A Jamaican national who is currently being held on remand at HMP Northward,
having been charged with illegal landing, is fighting deportation to his native
country over fears he could be executed because he is a murder suspect there.
The Jamaican authorities believe O'Brian Ellis, from Westmoreland, murdered his
brother, Steadman Sterling, last December and is on the country's 'most wanted'
list. Ellis had been living in Windsor Park for several months, having arrived
in Cayman illegally, when he was picked up during a raid last month.
Ellis is challenging removal to his homeland on human rights grounds because,
although it is nearly 3 decades since anyone was put to death by the state,
Jamaica still has the death penalty for aggravated murder on its statute books.
However, most prisoners who have been sentenced to hang over the last 30 years
have appealed their death sentences to the Privy Council and all have been
commuted, leaving only a handful of inmates on the country's death row.
In an application for a judicial review filed by his attorneys this month,
Ellis argued that his deportation to Jamaica would expose him to the death
penalty because he believes the authorities there intend to charge him with
aggravated murder, and that this would be in breach of the Constitution of the
Cayman Islands, specifically the guarantees within the Bill of Rights and the
right to life.
Section 24 of the BoR states that it is unlawful for a public official to make
a decision or to act in a way that is incompatible with the Bill of Rights.
Ellis further argued that prison conditions in Jamaica are such that, even if
he was not given the death penalty, life imprisonment would constitute a
violation of the prohibition of torture and inhuman treatment.
(source: Cayman News Service)
TANZANIA:
Death Penalty 'Here to Stay'
The Law Reform Commission of Tanzania has responded to an outcry by human
rights bodies on abolition of the death penalty, insisting that currently there
is no justification to implement such a call.
The Commission's Executive Secretary, Mr Casmir Kyuki, told the 'Sunday News'
that in recent years, the Commission conducted several researches on the same
subject after which results showed that majority wanted the capital punishment
to stay.
"I don't think we, at the Law Reform Commission of Tanzania, have any reason to
initiate the process of writing a law to abolish death penalty, because
researches conducted show that people want the verdict to stay," Mr Kyuki
insisted.
He added: "If my memory serves me right, we have about three reports compiled
from researches conducted on the same subject. In all the reports, majority of
Tanzanians called for upholding of the sentence."
Mr Kyuki said individuals who insisted on the abolition of capital punishment
ought to take note that they were dealing with people's lives, adding that one
of the key roles of the State was to ensure life was protected.
"The law states clearly that if one is proven beyond reasonable doubt of
committing murder, he/she should also be subjected to death penalty. However,
commuting the sentence is again vested in the powers of the President," he
explained.
"The President, under the powers vested upon him by the constitution, can let
inmates on death row serve life imprisonment sentences or 30 years instead of
signing execution warrant," he observed.
Touching on the statement by President John Magufuli recently that he will not
sign execution warrant for any inmate on death row, Mr Kyuki said 'it doesn't
mean that the President can indeed not sign it."
He said the Commission has, at different occasions, gone an extra mile to
explain about the country's position on death penalty to the international
human rights bodies.
Tanzania is yet to sign and ratify the "2nd Optional Protocol to the
International Covenant of Civil and Political Rights of 1989" which pushes
countries to abolish death penalty.
The Commission is an independent institution established under the Law Reform
Commission Act, 1980 to constantly keep under review all laws of the country
with the view to attaining a systematic development of the laws through reform.
Recently, human rights bodies called for abolition of the penalty as it was
against the fundamental right - the right to live. The call to abolish the
capital punishment comes at a time when the number of inmates sentenced to
death in the country keeps soaring.
This month alone the High Court, Sumbawanga Zone, sentenced nine people, 6 of
whom being relatives, to death after convicting them of various offences.
According to data obtained by the Legal and Human Rights Centre (LHRC) from
Tanzania Prison Services on July 10, 2015, there were 472 individuals under
death sentence, of which 452 are men while 20 are women. No other recent data
have been made public to date.
Legal and Human Rights Centre (LHRC) Executive Director, Dr Hellen
Kijo-Bisimba, spoke to the 'Sunday News', insisting that Head of State had
powers to scrap the death penalty.
Dr Bisimba said given the fact that Tanzania was yet to sign and ratify the 2nd
Optional Protocol to the International Covenant of Civil and Political Rights
of 1989, the President had mandate to order the Attorney General (AG) to draft
a Bill for enacting a law to scrap capital punishment. The protocol was created
on December 15, 1989 and entered into force on July 11, 1991.
As of September 2016, the Optional Protocol had 83 states parties. The protocol
commits its members to the abolition of the death penalty within their borders,
though Article 2.1 allows parties to make a reservation allowing execution 'in
time of war.'
According to Dr Bisimba, issuance of death penalty by judges, according to the
country's Penal Code, was unavoidable, as long as one was proven guilty beyond
reasonable doubt to have committed murder.
"The problem with our Penal Code is that it does not give discretional powers
to the judges to give alternative punishment to an accused proven beyond
reasonable doubt to have committed murder," she said.
"She added: " I think we can have a law that requires individuals convicted of
murder to serve let's say life imprisonment or even 30 years in prison instead
of taking their life away."
Dr Bisimba said if the President finds that drafting the Bill to have a law
that provides for alternative punishment for those convicted of murder is a
long process, he can issue a decree instead.
About three weeks ago, President Magufuli said he would not sign execution
warrants for any inmates on death row by hanging after being convicted of
various serious crimes.
He made the remarks at State House while swearing-in the newly appointed Chief
Justice (CJ), Prof Ibrahim Juma.
"I am aware of the difficulties in implementing such sentences, so I have
directed the court not to submit names of prisoners who are in line to be
hanged to death," President was quoted as saying.
The LHRC, in one of its documents, cites the 2015 Tanzania Human Rights Report,
saying death penalty violates the rights to life which is fundamental right.
The rights body states that though death penalty is part of the country's laws,
there have not been any executions since 1994.The right to life is provided for
under Article 14 of the Constitution.
However, the protection of the right is not absolute, as this right under
article 14 can be subjected to other laws," the LHCR states.
The rights body further says in the Tanzanian laws it is stipulated as a
mandatory sentence for cases of murder and treason under the Penal Code
sections 39 and 197.
(source: Tanzania Daily News)
NIGERIA:
Overwhelmed by unrelenting kidnappings, Umahi vows, 'I'll sign death warrants
of convicted kidnappers'
Governor David Umahi of Ebonyi State has expressed dismay over the unrelenting
kidnappings in the state, saying he would not hesitate to sign the death
warrant of convicted kidnappers.
Umahi made the declaration in Abakaliki on Saturday in a special broadcast
marking the nation's 57th Independence anniversaty celebration.
The occasion also coincides with Ebonyi State's 21st anniversary.
He said, "In spite of the death penalty we have in our state, kidnappers
continue to thrive, their activity is that of man's inhumanity to man.
"We set up the Neighbourhood Watch security initiative to tackle the security
challenges in our state.
"In the months ahead, we are going to man all our exit points with Closed
Circuit Television, kidnappers will not have easy exit."
(source: punchng.com)
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