Oct. 7
JAPAN:
European envoys call on Japan to abolish death penalty
3 European ambassadors to Japan on Friday called on Tokyo to abolish the
practice of capital punishment prior to next week's World and European Day
against the Death Penalty.
"As friends, we should share our experience and speak our mind," Viorel
Isticioaia-Budura, the European Union's ambassador to Japan, told a press
conference in Tokyo. "The EU has, on a number of occasions, called on the
Japanese authorities to abolish the death penalty or at least put a moratorium
in place and have a debate."
"We regard the abolition of the death penalty as an essential part of the
protection of human dignity and, together with our member states, we are
therefore working towards a universal abolition," Isticioaia-Budura said. He
was joined by Swiss Ambassador Jean-Francois Paroz and Irish Ambassador Anne
Barrington.
According to the EU envoy's remarks, only 8 countries had abolished the death
penalty in 1945, but in 2016, 140 countries have ended the practice or stopped
implementing it through moratoriums.
Isticioaia-Budura also expressed doubts about the crime deterrent effect of
capital punishment, saying: "Extensive studies done in different countries and
regions of the world have found no proof that the death penalty has a direct
correlation with reducing serious crime, or that abolishing it increases
serious crime."
"The death penalty eliminates a defendant once and for all," Isticioaia-Budura
said. As no court system in the world is perfect, "If a mistake is made, and
then discovered, a person who was wrongfully executed can never be brought
back."
Based on the EU's stance, Isticioaia-Budura welcomed the Japan Federation of
Bar Associations' call for the abolition of capital punishment by 2020.
He also said the 28-member bloc will send a letter to Japan's Justice Minister
Yoko Kamikawa on the World and European Day against the Death Penalty next
Tuesday to ask her to promote "an open public debate" on capital punishment,
with a view to its abolition.
In Japan, the death penalty again came into the public eye when a death row
inmate seeking a retrial was hanged in July.
Anti-death penalty campaigners have argued the execution breaches Article 32 of
the Constitution, which guarantees the right of access to the courts, saying
some death row inmates were exonerated in postwar Japan after their pleas for
retrial had repeatedly been rejected.
Paroz said the death penalty "contravenes human rights" and that it "is not a
suitable means of deterrence or atonement," while its abolition promotes human
rights, peace and security.
Referring to Ireland's decision to end capital punishment in 1990, Barrington
said, "The process to abolish the death penalty is not easy. It took nearly 70
years in our case."
"But we believe that it is the right thing to do and we hope that Japan, our
friend and partner, will join us," she said.
According to human rights organization Amnesty International, 23 countries or
regions, including Japan, executed inmates in 2016.
(source: Japan Today)
GLOBAL:
Death penalty disproportionately affects the poor
United Nations human rights experts* are calling for urgent action to end the
disproportionate impact of the death penalty on people from poorer communities.
They say imposing the death penalty as a result of discrimination constitutes
an arbitrary killing and Governments must not stand idly by. Their comments
come in a joint statement marking World Day Against the Death Penalty on
Tuesday 10 October:
"If you are poor, the chances of being sentenced to death are immensely higher
than if you are rich. There could be no greater indictment of the death penalty
than the fact that in practice it is really a penalty reserved for people from
lower socio-economic groups. This turns it into a class-based form of
discrimination in most countries, thus making it the equivalent of an arbitrary
killing.
People living in poverty are disproportionately affected by the death penalty
for many reasons. They are an easy target for the police, they cannot afford a
lawyer, the free legal assistance they might receive is of low quality,
procuring expert evidence is beyond their means, tracing witnesses is too
costly, and access to appeals often depends on being able to afford extra
counsel. Many cannot afford bail and therefore remain in custody before their
trials, further hindering their efforts to prepare an effective defence.
Some legal aid systems become active only at the trial stage, meaning that
defendants from low socio-economic backgrounds are often interrogated and
investigated without a lawyer. By the time the case reaches court, it may
already be too late to guarantee a fair trial. Corruption of law enforcement
officials is another detrimental factor.
Poverty also compounds obstacles which vulnerable and disadvantaged groups in
society are already facing. In many countries, this especially includes people
of African descent, as well as others who are discriminated against on the
basis of their gender, ethnicity, race or migration status.
Meanwhile, migrants who find themselves caught up in the criminal justice
system face multiple obstacles in effectively challenging charges made against
them, including unfamiliarity with legal language and procedures, limited
awareness of their rights, financial constraints, and the possible lack of a
supportive social network.
They may also face bias by judges, police officers and investigators, which can
influence the verdict against them, and leave them at increased risk of
receiving the death sentence.
We call on all States to treat all migrants involved in the criminal justice
systems with respect and dignity as equal rights holders, regardless of their
migratory status.
Women living in poverty are also at a severe disadvantage when faced with the
risk of a death sentence. In some States, women face the death penalty,
including by stoning, not only in cases of murder, but also for alleged
adultery, same sex-relationships and drug-related offences.
Discrimination against women is compounded by intersecting factors, including
their socio-economic status. This discrimination based on gender stereotypes,
stigma, harmful and patriarchal cultural norms and gender-based violence, has
an adverse impact on the ability of women to gain access to justice on an equal
basis with men.
We are also concerned that it is extremely rare for domestic abuse to be
treated as a mitigating factor. Imposing the death penalty in cases where there
has been evidence of self-defence constitutes an arbitrary killing.
Poverty continues to affect prisoners - and their families - even after they
reach death row. Living conditions are worsened by difficulties in accessing
food, medical care and other services. Relatives who themselves live in poverty
are unable to provide financial help. These inmates may even lack the resources
to stay in touch with their families and friends while in prison.
Around the world, death sentences continue to be imposed in violation of major
international standards, including the right to a fair trial and the principle
of non-discrimination. The International Covenant on Civil and Political Rights
makes clear that all people are entitled to the equal protection of the law
without discrimination, while UN safeguards on the use of the death penalty
make clear that people must have received a fair trial, including the right to
adequate legal assistance, at all stages.
The disproportionate impact of the death penalty on the poor shows that these
international standards are being violated.
We applaud the growing number of countries that have abolished the death
penalty and welcome the figures for 2016 showing an overall decrease in its
use.
However, the global effort towards its progressive abolition must continue to
grow, along with the work to end systemic discrimination against some of the
most vulnerable people in our societies."
(source: scoop.co.nz)
IRAN:
Activists Demand Death Sentence Of Spiritual Healer To Be Overturned
A group of Iranian activists have demanded the judiciary overturn the death
sentence and immediately release Mohammad Ali Taheri, the head of a spiritual
group called the Circle of Mysticism.
In an open letter, 18 Iranian human rights and political activists described
Taheri's case as one of the most unfair judicial cases and rejected the
arguments of the revolutionary court that issued his death sentence.
Taheri was acquitted several times on similar charges but after each acquittal
a new case was opened against him in order to "fulfill the will of security
agents who were seeking his execution," the letter reads.
In its latest verdict, Iran's Supreme Court had acquitted Taheri on charges of
"corruption on Earth," but a similar case was opened again and a lower court
had convicted Taheri on the same charges, the activists wrote and asked the
Supreme Court to "maintain its integrity" and "prevent more illegal steps in
this case."
Taheri was arrested in 2010 and released later after spending 67 days in
solitary confinement. He was again confined in 2011. This August, one of his
lawyers announced he had been sentenced to execution. Charges against the
spiritual leader include acting against Iran's national security, blasphemy,
and touching the wrists of unrelated female patients, which is forbidden in
Islam.
Some conservative media have published Fatwas -- religious verdicts -- issued
by at least 3 renowned Shi'ite scholars declaring Taheri an apostate. As
prescribed in Islam, Iranian law provides the death penalty for apostasy.
Taheri's verdict is currently under review by the judges from Branch 33 of
Iran's Supreme Court. The same judges reportedly acquitted Taheri in the past.
Thousands of people have voiced their support for Taheri's release and the U.S.
has voiced concern over his conviction.
The activists who signed the open letter in Taheri's defense also referred to
the Universal Declaration of Human Rights and the Iranian Constitution, saying
that based on both documents "Iran is not allowed to punish or threaten its
citizens with the death penalty for having particular beliefs."
Renowned Iranian lawyers Nasrin Sotoudeh and Mohammad Seifzadeh and political
activists such as Mohammad Nourizad were among the letter's signatories.
(source: radiofarda.com)
SAUDI ARABIA:
More Than 100 People Have Been Executed in Saudi Arabia This Year
More than 100 people have been executed in Saudi Arabia this year.
According to Amnesty International, since July, the Saudi Arabian government
has been executing, on average, 5 people a week. On an Oct. 2, post on their
website Amnesty International referred to the killings as, "an execution
spree."
The Middle Eastern country is ruled by an absolute monarchy and follows a very
strict interpretation of Islamic law. It has one of the highest death penalty
rates in the world, with many crimes punishable by death, including non-lethal
crimes, such as drug offenses and witchcraft.
Amnesty International says the government hands out the death penalty after
unfair trials and confessions obtained by torture. The group wants the kingdom
to meet international fair trial standards, without resorting to the death
penalty. It added if Saudi authorities want to make reforms, they need to
abolish the death penalty.
(source: United News International)
ZIMBABWE:
Former death row inmate outlives judge, prosecutor, State witness
A man from Esigodini who was sentenced to death in 1985 has outlived the judge,
prosecutor, State witness and his lawyer who were all involved in his case.
In 1985, Mr Albert Gasela, now 69, was convicted for murdering his tenant in
Barbourfields, Bulawayo and sentenced to death. At that time, he never thought
he would taste freedom once again, little did he know that life had something
else in store for him.
Mr Gasela appealed against the death penalty and his sentence was commuted to
life in jail.
On Tuesday he turned up at the Zimbabwe Prisons and Correctional Services Week
at Bulawayo Prison and told The Chronicle of his story of escape from the jaws
of imminent death.
"I was facing a murder charge. After I was charged and convicted of first
degree murder I lost hope on everything. My life had ended. I was arrested in
1983 for murdering my tenant and convicted in 1985 but I still insist I never
killed him," he said.
He said while in prison, his wife died. He applied to go to bury her, but the
process took too long until she was buried in his absence. Mr Gasela says he
served in prison for 22 years at Chikurubi in Harare and later Khami Maximum
Prison in Bulawayo after his sentence was commuted to life imprisonment.
He was finally released in 2007 after becoming one of many prisoners who were
pardoned by President Mugabe.
Upon gaining freedom, to Mr Gasela's surprise, all the people who were involved
in his case had died.
"I was sentenced in 1985 but when I was released from prison, all the people
who were connected to my case had died. Judge Muchechetere was late, my
prosecutor Brasel Siki, my lawyer Richard Ncube were also late. Even the State
witness who was my girlfriend at the time is also late," he said declining to
name her.
The ex-prisoner said the person he had wanted to talk to the most was the State
witness as he does not understand why she nailed him.
Mr Gasela said his girlfriend testified in court that she found him in bed
shaking following the murder and it was this evidence that led to the judge to
convict him. He says he has since started a new life; remarried and has been
blessed with a child, now 2.
Reflecting on his life in prison, he says he never thought he was going to be
alive up to this day.
He said when Justice Simbarashe Muchechetere handed him the death sentence at
the High Court in Bulawayo, his life literally ended. Mr Gasela said what made
matters worse for him was that he worked at the prison workshop making coffins
that were supposed to bury those on death row.
"Word would spread that 10 coffins have been made in the workshop which meant
that 10 people will be hanged and that the guards would come at 5AM to collect
prisoners selected for the hangman's noose. You wouldn't know if it was your
turn," he said.
He said during those years, some welcomed their fate, but others would fight
tooth and nail not to be hanged.
"Those who didn't fight were hanged peacefully. However, those who resisted,
there was a special place for them, where they were placed in a small corridor
that has a trap door to execute them," he said.
Mr Gasela said being on deathrow was a nightmare as one did not know when the
time to face the hangman's noose would come.
"I was the 46th prisoner to be on deathrow during our time. But this didn't
matter because they were not following any order as prisoners were randomly
picked to be hanged. Every time other prisoners were taken the incident left us
traumatised, you wouldn't eat on that day," he said.
Mr Gasela says following a successful appeal in 1993 the courts reduced his
sentence to life in prison.
He said it was a huge relief to know that he would not worry about being hanged
again.
Mr Gasela said freedom finally came in 2007 due to a Presidential pardon. He
said before his incarceration he was blessed with six children who are all
still alive, but he found his wife dead. Mr Gasela said spending 22 years in
prison was not easy but support from family has kept him going.
"The only thing that kept me going was that my family, relatives, didn't desert
me. They'd visit me periodically in prison. This made me remain hopeful that
one day I'd be reunited with them," he said.
He says having spent 22 years in jail, all is not lost as he has managed to
transform his life but what pains him the most is that his 1st wife died while
he was still in prison.
On a lighter note, Mr Gasela said due to his long service in prison, he was the
head of the welcoming committee for new inmates coming into prison.
He said he now makes a living from making coffins, a skill he learnt in prison.
"The only mistake that I have made so far is not making my own coffin," he
joked.
(source: bulawayo24.com)
MALAYSIA:
2 Kepong men to stand trial for allegedly trafficking 123kg of drugs----The
Kuala Lumpur High Court today ordered Ong Chen Yaw, 32 and San Kim Huat, 37 to
enter their defence for allegedly trafficking 123 kilogrammes of drugs 2 years
ago.
The High Court here today ordered 2 Judge Datuk Azman Abdullah made the order
after the prosecution proved a prima facie case against Ong Chen Yaw, 32 and
San Kim Huat, 37.
According to the charge sheet, the duo was charged with trafficking 95.016kg of
methamphetamine; 26.791kg of Methylenedioxymethaphetamin (MDMA); and 1.245kg of
ketamine at 39, Jalan Denai Selatan, Desa Park City, Kepong, at 6.25pm on May
12, 2015.
The offence falls under Section 39B (1)(a) of the Dangerous Drugs Act 1952, and
is punishable under Section 39 (B)(2) of the same Act, which carries the death
penalty upon conviction.
Deputy public prosecutor Zalina Awang @ Mamat prosecuted, while the duo was
represented by counsel Datuk Hariharan Tara Singh.
The court fixed Nov 14 for trial.
(source: New Straits Times)
*****************
Sub-contractor gets death for murdering younger brother in property dispute
An air-conditioning sub-contractor who murdered his younger brother over a
property row 2 years ago was sentenced to death by the High Court in Shah Alam.
Judge Datuk Zulkifli Bakar meted out the sentence on M. Nageswaran, 41, after
finding that the defence failed to raise reasonable doubt on the charge at the
end of the trial.
According to the charge sheet, Nageswaran, from Jalan Kota Raja in Klang, was
charged with killing 37-year-old Gunalan at a house in Kampung Jawa at about
5.30pm on May 5, 2015.
The offence under Section 302 of the Penal Code provides for death penalty upon
conviction.
In his judgment Friday, Judge Zulkifli said that Nageswaran's defence was a
mere denial, which also accused the deceased's wife as the killer or the person
who caused death.
By taking into consideration all aspects of findings, he said the court found
that the accused's defence was coated with afterthoughts that could not be
accepted.
"Therefore, the court found that the prosecution had succeeded in proving the
case beyond reasonable doubt, and found the accused guilty as charged.
"You are hereby sentenced to death under Section 302 of the Penal Code," he
said.
Deputy public prosecutor Mohd Fairuz Johari prosecuted while Nageswaran was
represented by counsel S. Ravichandran.
A total of 15 prosecution witnesses and 1 defence witness testified throughout
the trial.
Gunalan's wife, who did not wish to be name, lauded the judgment.
"One must be punished for the crime he does.
"I am still distraught thinking how could he resort to murder his own brother
until this day," she said when met outside the court.
(source: thestar.com.my)
INDIA:
Death penalty for sexual abuse of children: MP chief minister promises to bring
bill
Madhya Pradesh chief minister Shivraj Singh Chouhan on Friday said his
government will bring a bill in the next session of the Assembly to provide
death penalty for those guilty of sexual violence against children.
"We will bring this bill in the next session. After the Assembly passes it, it
would be sent to the Centre," Chouhan said.
The chief minister was speaking at a function here to welcome Nobel laureate
Kailash Satyarthi's 'Safe Childhood - Safe India' campaign, aimed at spreading
awareness about child safety.
"We should be united in uprooting the deadly mentality which gives rise to
sexual violence against children....It is very painful when we hear news of
sexual assaults on kids as young as 2 years," Chouhan said.
Satyarthi said that his tour, which started on September 11, will cover 11,000
kilometres and pass through 22 states before concluding, on October 16, at the
Rashtrapati Bhavan in Delhi.
(source: Hindustan Times)
*******************
Hanging to death: Supreme Court to examine mode of execution----Lawyer Rishi
Malhotra, who filed the PIL seeking relief under Article 21 (Right to Life) of
the Constitution and said the Article must provide for the right of a condemned
prisoner to have a dignified mode of execution.
Hanging to death sentence, Supreme court on death penalty, hanged to Death and
Supreme court news, India news, national news, latest news, India news,
national news, Latest news The plea before the Supreme Court said "dying with
dignity is part of right of life" and the present practice of executing a death
row convict by hanging involves "prolonged pain and suffering".
'Hang by the neck till death.' This legal mode of executing a death row convict
on Friday came under the scanner of the Supreme Court which sought the
government's response on a plea seeking setting aside of the legal provision.
Terming the Constitution as a "compassionate" and "organic" guiding book, a
bench headed by Chief Justice Dipak Misra said the legislature can think of
changing the law so that a convict, facing death penalty, dies "in peace and
not in pain".
The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, issued
notice to the Centre and sought its response within 3 weeks on the PIL, which
also referred to the 187th Report of the Law Commission advocating removal of
the present mode of execution from the statute.
Lawyer Rishi Malhotra, who filed the PIL in his personal capacity, referred to
Article 21 (Right to Life) of the Constitution and said it also included the
right of a condemned prisoner to have a dignified mode of execution so that
death becomes less painful.
The plea said the Law Commission in its 187th Report had noted that there was a
significant increase in the number of countries where hanging has been
abolished and substituted by electrocution, shooting or lethal injection as the
method of execution. "It had categorically opined that hanging is undoubtedly
accompanied by intense physical torture and pain," the plea said.
The lawyer also referred to various apex court judgements in which the practise
of hanging a death row convict has been assailed.
The plea said "dying with dignity is part of right of life" and the present
practice of executing a death row convict by hanging involves "prolonged pain
and suffering".
The present procedure can be replaced with intravenous lethal injection,
shooting, electrocution or gas chamber in which death is just a matter of
minutes, it said.
The PIL sought quashing of section 354(5) of the Criminal Procedure Code, which
states that when a person is sentenced to death, the sentence shall direct that
he be hanged by the neck till he is dead.
It said that execution was not only "barbaric, inhuman and cruel", but also
against the resolutions adopted by the United Nations Economic and Social
Council (ECOSOC).
The plea also said that execution should be as quick and as simple as possible
and free from anything that unnecessarily sharpens the poignancy of the
prisoner's apprehension.
It sought to declare "right to die by a dignified procedure of death as a
fundamental right as defined under Article 21 of the Constitution of India".
"This also includes the right to a dignified life up to the point of death
including a dignified procedure of death. In other words, this may include the
right of a dying man to also die with dignity when his life is ebbing out," it
added.
Drawing a comparison, the petition said that while in hanging, the entire
execution process takes over 40 minutes to declare prisoner to be dead, the
shooting process involves not more than few minutes. In case of intravenous
lethal injection, it is all over in 5 minutes. "The Act of the execution should
produce immediate unconsciousness passing quickly into the death. It should be
decent. It should not involve mutilation," the plea added.
(source: indianexpress.com)
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