June 6
MALAYSIA:
Brothers to hang for drugs
2 brothers were sentenced to death by the High Court in Kota Kinabalu for
trafficking 293.04gm of syabu.
Judge Datuk Nurchaya Hj Arshad held that from the testimony of the
investigating officer, it was apparent that Section 39B(2A)(d) of the Dangerous
Drugs Act did not qualify and therefore both Tan Chun Cheng and Tan Choon Hui
were sentenced to death.
On April 6, Chun Cheng, 41, and Choon Hui, 39, were found guilty of committing
the offence at 7.25pm on Dec 19, 2016 at the Towering Industrial Centre in
Penampang.
The investigating officer was re-called to give his statement whether the
brothers have provided information that led police to foil a drug trafficking
activity.
The matter arose pertaining to the sentencing as the amended law relating to
Section 39B of the Dangerous Drugs Act 1952 comes in effect on March 15, this
year.
Under the new amendment, any person who is found guilty of trafficking
dangerous drugs can be punished with either the death penalty or life in prison
and whipping with a minimum of 15 strokes.
Prior to the amendment, the offence carries the death penalty upon conviction.
They were found guilty as charged under Section 39B (1)(a) of the Dangerous
Drugs Act.
Deputy Public Prosecutor Gan Peng Kun prosecuted while the brothers were
represented by counsel PJ Perira.
Meanwhile, in the Magistrate's Court, a contractor was fined RM25 or one
month's jail for behaving indecently in public by cursing a church pastor in
Inanam.
Raymond Masuli, 28, admitted before Magistrate Afiq Agoes to committing the
offence to one Bios Solingkin at 3pm on May 28 at SIB church at Metro Minintod.
He had committed an offence under Section 15 of the Minor Offences Ordinance,
which provides for a fine of RM25 or jail on conviction.
(source: Daily Express)
*******************
EU must use GSP+ to end death penalty in Pakistan
Through the GSP+ programme, EU can reaffirm its commitment to abolishing the
death penalty worldwide, says Barbara Matera.
Do some deserve to die for their crimes? Does capital punishment deter violent
crime?
The European Union has evaluated the relevant scientific and philosophical
arguments and come to a resounding conclusion: No.
The EU's official position on the death penalty is an ethical one. The
Commission website states that "capital punishment is inhumane, degrading and
unnecessary." It does not deter crime and is not an effective means of
protecting citizens. As a result, universal abolition of the death penalty is a
key priority of EU external policy.
This position stands in contrast with European trade policy, especially evident
in the trade benefit programme GSP+ (generalised scheme of preferences plus).
Although none of the 'core conventions' required for GSP+ specifically prohibit
the death penalty, the International Covenant on Civil and Political Rights
(ICCPR), says in Article 6(2) that in "countries which have not abolished the
death penalty, sentence of death may be imposed only for the most serious
crimes." The convention goes on to prohibit the execution of minors and
pregnant women.
Furthermore, GSP+ is somewhat of a unique trade programme, in that it
emphasises trade as a mechanism for incentivising the improvement of human
rights in beneficiary countries.
Pakistan is not complying with the ICCPR. In 2014, the Pakistani government
lifted a seven-year moratorium on the death penalty, as a response to the
brutal Taliban attack on a school in Peshawar which left 141 dead. In that
time, thousands of Pakistanis have been placed on death row (although official
statistics are difficult to acquire, due to government resistance in releasing
figures).
While China and North Korea are often considered to be some of the world's top
executioners, Pakistan is believed to have the largest number of people sitting
on death row. Amnesty International claims that as of June 2015, at least 8500
people were awaiting execution, some of whom have been in jail for decades.
The Pakistani government claims its application of the death penalty is a
counter-terrorism measure. However, only 49 out of 389 convictions in 2016 were
originally tried in the Anti-Terrorism Courts (ATCs). Evidence shows that as
many as 90 % of detainees have no conclusive links to terrorism.
In addition, the death penalty is disproportionately levied against religious
and ethnic minorities, like Asia Bibi, a Christian woman facing the death
penalty over accusations of insults towards the Prophet Muhammad.
In Pakistan, 28 crimes carry the death sentence, including blasphemy, giving
false witness and adultery. These crimes do not fit the category of the "most
serious crimes," and are thus a violation of the ICCPR.
There have also been cases of minors being sentenced to death. Shafqat Hussain,
for example, who was convicted of murder, was hanged despite the fact that he
was 14 years old at the time of the alleged crime.
GSP+, as one of the only EU trade policies dedicated to improving human rights,
must be used to its full extent. To date, all of the other GSP+ beneficiary
countries have prohibited by law the use of the death penalty (although human
rights groups assert it continues in secret in the Philippines and Mongolia).
Why isn't Pakistan held to the same regard?
The EU is in a strong position to negotiate firmly with the Pakistani
government. Through the GSP+ mechanism, and as one of Pakistan's largest
trading partners, the EU can reaffirm its dedication to the universal abolition
of the death penalty.
(source: Barbara Matera (EPP, IT) is a member of Parliament's civil liberties,
justice and home affairs committee----theparliamentmagazine.eu)
LIBERIA:
CSO Condemns Liberia's Reintroduction of Death Penalty in Shadow Report
The Civil Society Human Rights Advocacy Platform of Liberia (CSO-HRAPL) has
condemned Liberia's reintroduction of the cruel death penalty.
This was 1 of 18 issues with recommendations released in a shadow report to the
United Nations Human Rights Committee (UNHRC) in March 2018 with support from
the Center for Civil and Political Rights (CCPR) in Geneva.
According to CSO-HRAPL secretary-general Adama Dempster, they are grateful for
the opportunity to address outstanding issues on behalf of Liberian human
rights community.
Liberia ratified the International Covenant on Civil and Political Rights
(ICCPR) in 2004 but its 1st report, which was due in 2005, was submitted on 2nd
November 2016.
Following the submission of the report, the UNHRC adopted a list of issues 26
key questions on August 21, 2017 with Liberia's 1st review scheduled at the 122
session from March 12 to 6 April 2018 in Geneva.
Liberia signed and acceded to the Second Optional Protocol (SOP) to the ICCPR
in 2005 but Liberia remains the only country in the world that reintroduced the
death penalty in 2008.
Dempster believes Liberia needs to repeal the clauses that sanction the death
penalty and adopt a new clause that abolishes capital punishment.
"Unfortunately, there has not been the political will to translate this into
reality. The reintroduction of the death penalty is in total contradiction with
the SOP to the ICCPR.
"This protocol calls for state parties to place a moratorium on the application
of the death penalty and work towards its abolition. The death penalty,
according to the new Penal Code of 2008, may be imposed for the following three
classified crimes: armed robbery, terrorism and hijacking.
"It is estimated that around 20 death sentences have been passed since the
penalty resurfaced in 2008. The total number of convicts currently on death
sentence is estimated at 7," Dempster recalled.
The human rights group called on the United Nations to recommend to Liberia to
repeal the July 2008 law that allows the death penalty, in line with Liberia's
obligations under the SOP to the ICCPR.
Commenting on the recommendations as released by defunct Liberia's Truth and
Reconciliation Commission, the group called on the UNHRC to recommend to the
government to set-up a panel to review progress made on the implementation of
the report.
According to Dempster, the panel should comprise the government, civil society
and Liberia's Independent National Commission on Human Rights with a view for
retributive justice.
"We should consider the draft legislation to facilitate the establishment of an
extraordinary criminal court to fairly and effectively prosecute past human
rights violations and abuse or appeal to the UN and ECOWAS for the extension of
the Sierra Leone war crime court to cover Liberia and West Africa in the case
of lack of political will.
"We should ensure adequate support and funding for programs designed in view of
the TRC recommendations to improve Liberia's judicial and criminal justice
systems to ensure victims have access to effective legal remedies and
reparation," he added.
On the INCHR, which was established by a 2005 act to monitor, investigate and
report on human rights abuses and violations in Liberia as well as ensure the
promotion and protection of human rights for all regardless of race, colors,
age, gender, creed etc., the group conceded that the TRC's successor been
challenged to fully undertake its responsibilities as a result of restrictions
to, and interference in its operations and financial autonomy.
Dempster said they asked the UNHRC to emphasize the independence of the INCHR
in line with the Paris Principles for the government to ensure its independence
by removing the commissioner, who was appointed by former President Ellen
Johnson Sirleaf in contravention to the act.
He also called for the restoration of its financial autonomy and granting of
free access to funding from alternative sources.
Dempster said the government should make no further move to amend the act on
the basis of tenure.
FGM and violence against women
While Liberia's 2011 Education Law provides that no child shall be subjected to
harmful cultural practice (including female genital mutilation or FGM) during
school period, the group noted that many children of school-going age continue
to undergo FGM.
A national working group against FGM was set to advocate and create awareness
to secure the criminalization of FGM under component 16.21L of the Domestic
Violence Act (DVA).
However, the 53rd Legislature struck out a criminalization clause on FGM in the
DVA based on the culturally sensitive nature of the practice.
One week into the transition of the new government, an Executive Order #92 (EO
#92) was issued by President Sirleaf seeking to ban FGM for girls under 18
years for a year.
The EO #92, nonetheless, leaves room for FGM to be performed with consent from
adults, thus, undermining the commitment to protect women and children from all
harmful traditional and cultural practices.
The group recommends to the UNHRC to remind the government of its international
obligation in line with the implementation of the 2010 Universal Periodic
Review (UPR) recommendations and specific obligations under ICCPR.
It wanted an amendment to the DVA to criminalize FGM before the expiration of
EO #92.
"Liberia should embark on national awareness on the rights of women to combat
discrimination against women, and in particular, reorient Liberians on the need
for the abolishment of harmful traditional practices.
"We call on the government to do everything possible to attend the July 2018
final review by the UNHRC in Geneva to guarantee the full implementation of the
recommendations on the ICCPR in Liberia," Dempster stressed at a formal
presentation to Deputy Foreign Affairs Minister Deweh Gray on May 31, 2018.
Others issues captured in the report were rights of refugees and asylum
seekers, freedom of expression and association, media rights, rights of the
child, freedom of assembly, participation in public affairs, customary land,
state of emergency and counter-terrorism measures, non-discrimination, gender
equality, violence against women, voluntary termination of pregnancy, right to
life, liberty and security of persons; trafficking in persons, forced and child
labor, treatment of persons deprived of their liberty and rights to due process
and fair trial.
(source: frontpageafricaonline.com)
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