death penalty news
August 4, 2004
SOUTH KOREA:
Death penalty opponents launch new drive
Six or seven people are packed into a cell with a postage-stamp table for
writing and eating and just enough space in which to sleep. Occasionally,
they are allowed to gather in another room for a mass or similar religious
service.All have numbers on their left chest, but only one has the figures
in red - the death row mark.
There are 57 others like him in Korea today on death row as a new drive to
abolish the death penalty gathers pace. For them and their families it is
literally a matter of life and death.
The families usually live a secluded life, and many consider themselves as
guilty as the condemned family member for not being able to prevent his
crime. They shun public contact and can only speak about their condemned
family members to priests and nuns.
Requesting anonymity, the 77-year-old father of one condemned man criminal
told The Korea Herald he would have opposed the death penalty even if his
son weren't on death row.
"As a parent, the great shock - when the crime happened and when the death
sentence was passed - is inexplicable. I just pray the sentence is not
carried out. Of course, I cannot say this publicly because I know people
will point a finger at me," he said.
Only one out of three Koreans says capital punishment should be abolished,
according to a poll conducted by National Human Rights Commission of Korea.
Two weeks ago, an online portal service www.naver.com found similar results
- 32 percent of about 66,000 respondents were for abolition but 64 percent
said it should be retained.
"I think the public sentiment is that Korea, with so many social problems
other than human rights issues, is not yet ready to do without the death
penalty," said Kim Yang-min, 24-year-old office worker.
But the public in general normally do not have much to say about the death
penalty, except when there are dramatic crimes in the news to color their
views, such as the 21 murders in 10 months to which serial killer Yoo
Young-chul confessed last month.
However, few if any who have witnessed an execution ever want to watch one
again.
Apart from people sentenced to death at courts-martial, altogether 902
civilians have been executed since the republic was founded in 1948, Most
of the civilians executed were convicted of murder, and others for treason
or violation of the National Security Law.
The last execution was in December 1997, shortly before President Kim
Young-sam ended his term of office. During that year, 23 people were
executed, the most in 20 years.
Although Article 463 of the Criminal Procedure Code indicates that the
Justice Minister should order execution within six months after the
verdict, this regulation is not compulsory.
There have been no executions since Kim Dae-jung took over from Kim
Young-sam as president in 1998, in line with a resolution from the United
Nations Commission on Human Rights calling on countries that had not
abrogated the death penalty to observe a moratorium on executions.
Apart from Korea, 82 countries retain the death penalty, although 21 of
them haven't carried out an execution for a decade.
The Justice Ministry said 76 countries have abolished capital punishment
for all crimes as of last year and in 15 other countries it only applies to
war criminals.
Three years ago, a majority of 155 members of the National Assembly
submitted a bill to abolish the death penalty in South Korea but the
measure was turned down by the parliamentary Legislation and Judiciary
Committee.
The ruling Uri Party's Rep. Yoo In-tae, once on death row himself for
violating martial law under a military government in the 1970s, has now
started to prepare a similar measure that would impose a life sentence
without parole in place of the death penalty. He is backed by several
lawyers and a coalition of religious leaders against capital punishment.
Kim Hyung-tae, a legal adviser to the lawmaking team, said the bill will be
submitted during the regular session of the National Assembly this fall. He
believes chances are higher this time since the current Legislation and
Judiciary Committee has more progressive members than it did in 2001.
A local newspaper, the Seoul Shinmun, reported on July 21 that eight out of
15 members of the committee said they agree with Rep. Yoo's idea, two
disagree and the rest declined to give their personal opinions or were not
available.
However, some are still wary. "Most judicial officers and lawyers tend to
support the death penalty after dealing with numerous criminals. Besides,
Yoo Young-chul's case is likely to sway the public's view on this. I don't
think it will be easy," said a lawyer, Park Kyung-yong.
Rep. Joo Ho-young of the opposition Grand National Party, a member of the
parliamentary committee, believes the death penalty can only be abolished
when Korean society is more mature. Until then it should be retained,
considering public sentiment, he said.
Cho Dong-kun, an official of a civic group Citizens United for Better
Society, also favors retention.
"Although it is hard to prove in terms of statistics that the death penalty
prevents crimes, I'm sure it makes a potential criminal think twice before
committing a crime," he said. "Having the death penalty as a law has a
psychological effect on people."
He noted that Korea hasn't carried out an execution in seven years, "so it
will soon be classified as an abolitionist, in practice anyway."
A nationwide coalition against the death penalty was founded in 1989 by
Rev. Moon Jang-shik, who has been doing evangelical work with condemned
criminals and providing them with spiritual guidance for the past 20 years.
He has been present at all executions held since 1983.
He categorizes capital punishment as eye-for-an-eye revenge, or
institutionalized murder.
"There were so many cases of misjudgment in the past. In Korea, the death
penalty is supposed to apply to planned murders and the life sentence to
accidental manslaughters. However, quite a few who fell into the second
category were wrongly convicted as being in the first," he said.
Amnesty International says it is hard to find any evidence that the death
penalty deters crimes. Rather, it says, statistics prove the contrary.
For example, in Canada, the homicide rate per 100,000 population fell from
a peak of 3.09 in 1975, the year before the abolition of the death penalty
for murder, to 2.41 in 1980. In 2002, 26 years after abolition, the rate
was 1.85, 40 percent lower than in 1975.
"Capital punishment doesn't stop killers. It is education on the importance
of life that we must focus on," Moon said.
Kim In-sun, a law professor at Sunchunhyang University, did research which
highlighted some interesting facts.
None of 101 people who were executed between the years 1989 and 1997
received a college education, 40 had finished just elementary school, and
six never went to school. Also, 63 were jobless. These results appeared to
suggest most lacked economic or social privileges.
Lee Young-woo, a Catholic priest who has regularly visited prisoners for
the past eight years, believes convicted people should be given a chance
"to cure their wounds" or feelings of inferiority and hatred.
He suggests psychological development programs would be helpful. He also
says the government and civic groups should put more effort in taking care
of the families of both victims and prisoners.
"Killing in return doesn't make anyone feel better, not even the victims'
families. What the victims' families need is not killing another man but
more support from those who care, not sporadic media spotlights," said Lee.
(source: Korea Herald)
