Nov. 1
PHILIPPINES:
Minority solon vows to fight House Speaker on death penalty issue
A senior minority lawmaker on Tuesday vowed to "put up a fight" against House
Speaker Pantaleon Alvarez on legislative proposals to reimpose the death
penalty.
"The Speaker has thrown down the gauntlet on the death penalty. We will put up
a fight," House Senior Deputy Minority Leader Lito Atienza said in a statement.
Alvarez, a close ally of President Rodrigo Duterte, earlier said the House of
Representatives intends to approve on final reading proposals to revive the
death penalty law before Congress goes on a Christmas break.
Atienza said reviving death penalty was tantamount to repealing the "right to
life of every human being, of every Filipino."
"The death penalty is the absolute and irreparable deprivation of human rights.
It flouts the natural and unassailable right to life," Atienza said.
A representative of the Buhay party-list in Congress, Atienza argued that the
death penalty did not work before because only a handful of executions were
actually carried out.
"There's no point in performing another experiment on the death penalty that is
bound to fail at the horrible sacrifice of more human lives," the lawmaker
said.
"The certainty of capture and punishment of criminals, regardless of the
severity of the penalty itself, is the best deterrence to other would-be
offenders," he added.
He also denounced the death penalty as "infected with economic prejudice and
human error."
"It is bad enough we already have a virtual death penalty in place, with the
unabated summary executions of alleged suspects and the benefit of a full and
fair trial," Atienza said.
Although death penalty was abolished in the 1987 Constitution, it was
reinstated through Republic Act (RA) 7659, which imposes capital punishment on
certain heinous crimes, and RA 8177 provides for lethal injection as the means
of carrying out the death penalty.
In 2006, then-President Gloria Macapagal Arroyo signed Republic Act 9346
abolishing death penalty in the Philippines by repealing RA 7659.
House Bill 01 filed by then incoming House Speaker Alvarez and Capiz Rep.
Fredenil Castro, seeks the reimposition of capital punishment for those
convicted of heinous crimes such as plunder, trafficking of illegal drugs, and
car theft.
(source: gmanetwork.com)
UNITED KINGDOM MILITARY:
Shot At Dawn: Pardoned Soldiers Remembered----A century ago they were shot for
mutiny - one of the most serious crimes in the British Army - but now their
honour has been restored.
The Shot at Dawn Memorial in Alrewas, Staffordshire, had contained the names of
306 men who were executed for 'cowardice' or 'desertion'.
With many now recognised as having been suffering from mental illnesses like
post-traumatic stress disorder, these men were subsequently pardoned.
As a result, the Staffordshire memorial was created to honour their sacrifices,
along with all those who died in combat fighting for the British Empire in
World War One.
But these 306 names are the tip of a much larger iceberg. 200,000 serving
soldiers were officially court-martialled by the British High Command in the
First World War.
Of these, 20,000 were found guilty of offences that carried the death penalty,
while 3,000 are said to have officially received it, though many of these
sentences were subsequently commuted.
In the end, of these 3,000, 346 executions were carried out by firing squad.
Now, of the 40 names left off the Shot at Dawn Memorial, 3 have been added,
thanks to the persistence of memorial creator Andy DeComyn.
They are New Zealander Jack Braithwaite, of the New Zealand Otago Regiment,
Gunner William Lewis from Scotland, and Jesse Robert Short, from
Newcastle-Upon-Tyne.
Braithwaite's 'mutiny', according to the Birmingham Mail, consisted of nothing
more than a misdemeanour.
The 'bohemian' former journalist, who'd confessed at his trial to not being a
natural soldier, had tried to calm down a belligerent prisoner at Blargies
prison in Rouen, northern France, by taking the man to his tent to feed him.
The soldier, Private Little, had been a ringleader in a small uprising against
the prison guards. But Little was an Australian and couldn't be executed
because Australia's government wouldn't allow Britain to execute its soldiers.
But 'Bohemian Jack' Braithwaite was a New Zealander, and could be executed. His
attempt to defuse the potential riot (sparked by appalling conditions at the
prison) involved him leading Little away from the custody of a staff sergeant,
which officially amounted to mutiny.
He was subsequently shot by firing squad on August 28, 1916.
His execution occurred within 5 minutes of Gunner William Lewis, who'd also
been involved in the uprising at the prison.
Meanwhile, Corporal Jesse Short was condemned to death for uttering "put a rope
around that bugger's neck, tie a stone to it and throw him into the river".
He was said to be inciting guards barring his exit from the infamous 'Bull
Ring' training camp to rebel against their officer.
This was the September 1917 Etaples Mutiny, an uprising by around 80 servicemen
rebelling against what are now acknowledged to have been harsh and unreasonable
conditions at the camp.
The uprising was depicted in the 1978 book (and 1986 BBC series) 'The Monocled
Mutineer', the lead character in which is said to have been based at least
partially on Corporal Short.
1917 was the year that pushed Russia into revolution and the French 'Poilu'
into wide-scale mutiny.
So in this kind of atmophere, it isn't surprising that it was Field Marshal
Douglas Haig himself that confirmed Short's sentence (as he did Lewis a year
earlier).
But now these 3 men, Short, Lewis, and Braithwaite, have received their pardons
and been honoured along with comrades who fell in battle.
The remaining 37 men who were shot, according to Richard Pursehouse of the
Staffordshire military history research group the Chase Project, were not
executed for mutiny, but murder.
As this also would have resulted in a death sentence even under civil law codes
of the time, it's been decided that their names should not be added to the
memorial.
(source: forces.tv)
TURKEY:
Turkey could draft 'limited measure' on death penalty, PM says
Turkey could draft a "limited measure" to bring back the death penalty if a
political compromise could be reached on the issue, Prime Minister Binali
Yildirim said on Tuesday.
Following the July failed coup, crowds have repeatedly called for the
re-introduction of capital punishment and President Tayyip Erdogan has said he
would approve it if parliament voted for it.
Turkey formally abandoned the death penalty in 2002 as part of its European
Union accession process, although no executions had been carried out since
1984. EU officials have warned that restoration of the death penalty could
spell an end to Turkey's talks to join the bloc.
"If there is an agreement on capital punishment, there could be a limited
measure. We will not close our ears to the demands of the people," Yildirim
said in a speech to members of his ruling AK Party in parliament.
He said the move would require compromise because it would mean changing the
constitution. He did not say what kind of compromise he envisaged.
"We want it to be known that this won't be done by us alone and the measure
would not apply retroactively." This appeared to mean it would not be applied
to crimes alleged to have taken place during the July 15 attempted coup.
The AKP has completed work on a package of proposals to change the constitution
and create an executive presidency, something Erdogan has long sought. It is
not clear whether a proposal on capital punishment is also part of that
package.
The ruling party will require the support of the nationalist opposition for any
plans to change the constitution, Yildirim said. Any constitutional change
requires the support of at least 367 deputies in the 550-seat assembly to pass
directly, and of 330 deputies to go to a referendum.
The AKP has 317 seats and the Nationalist Movement Party (MHP), the smallest of
the 4 parties in parliament, has 40.
MHP leader Devlet Bahceli on Tuesday voiced support for the death penalty, but
said he would need to see details of the AKP's proposal.
"Since there is a need for capital punishment, bring your proposals and let's
show these traitors how small the world is to them," he told his party,
according to a text of his remarks.
"We will first see the AKP's proposal, then evaluate it and make a decision."
(source: Reuters)
********************
Ankara: Turkey's Death Penalty Cannot Be Applied to Coup Attempt
Suspects----The Turkish prime minister explained that the death penalty cannot
be applied to coup attempt participants because the law, which abolished it, is
not retroactive: in the event of reintroduction the capital punishment will
affect only crimes committed thereafter.
The death penalty cannot be used in relation to last summer's coup attempt in
Turkey because the new law is not retroactive, Turkish Prime Minister Binali
Yildirim said Tuesday.
"This issue appeared on the agenda after the July 15 coup attempt. The people
do not want the criminals to go unpunished, and we will not close our eyes to
it. However, it should be known that the law is not retroactive," Yildirim said
at a ruling Justice and Development (AK) Party parliamentary group meeting in
Ankara.
The death penalty was banned in Turkey in 2004 as part of Turkey's attempt to
be closer to the European Union. However, after a July attempted coup in
Turkey, voices requesting the reinstatement of the death penalty have been on
the rise.
The proposal to reinstate the death penalty is expected to be discussed in the
Turkish parliament in the near future.
According to Yildirim, if other parties reach a consensus on the necessity to
reinstate the capital punishment, limited use of this measure will be possible,
taking into account the public opinion.
In July, Turkish President Recep Tayyip Erdogan announced that the country
would return the death penalty if the people demanded it after a coup attempt
to overthrow him on July 15 failed.
According to the Turkish leader, a 57 % majority of the country's citizens back
the idea of reinstating the capital punishment.
The European Union has warned Turkey that any reintroduction of the death
penalty would be viewed by Brussels as a "deal-breaker" that would end the
country's efforts to join the bloc.
(source: sputniknews.com)
*************
Europe warns Turkey: Death penalty incompatible with EU
The Council of Europe on Sunday, October 30 warned Turkey against
re-establishing the death penalty, Hurriyet Daily News reports.
"Executing the death penalty is incompatible with membership of the Council of
Europe," the 47-member organization, which includes Turkey, tweeted a day after
President Recep Tayyip Erdogan said his government would ask parliament to
consider reintroduction.
Austrian Foreign Minister Sebastian Kurz added to the Council's warning,
denouncing Turkey for considering a move that would "slam the door shut to the
European Union."
"The death penalty is a cruel and inhumane form of punishment, which has to be
abolished worldwide and stands in clear contradiction to European values," Kurz
told the Austrian Press Agency.
Council of Europe Secretary General Thorbjorn Jagland had in August warned
Ankara about reinstating capital punishment, noting that the European
Convention on Human Rights, which Turkey has ratified, clearly excluded it.
The Convention, signed in 1983, excludes capital punishment except in time of
war or imminent threat of war and a 2002 protocol ended the time-of-war
proviso.
(source: panarmenian.net)
MALAYSIA:
African drug trafficker spared from the gallows
An African student, who was spared the gallows and given a jail sentence
instead, broke down in tears at a High Court here after she was found guilty of
trafficking in methamphetamine.
Judicial Commissioner Collin Lawrence Sequerah found the 20-year-old Malawian,
who was 17 years and 11 months old at the time of her arrest, guilty of
trafficking in 1,775.4gm of the drug at the Penang International Airport on Oct
5, 2013.
The offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952 carries the
mandatory death penalty upon conviction.
But JC Sequerah also ruled that the girl was under 18 at the time of offence,
and as such, was protected by the Child Act 2001.
"Even though she is found guilty of an offence which carries the mandatory
death penalty, Section 97(2)(b) of the Child Act 2001 says the court shall
order a person convicted of an offence to be detained in prison at the pleasure
of the Yang di-Pertua Negri if the offence was committed in the state.
"I order her to be detained and imprisoned at the pleasure of Yang di-Pertua
Negri," he said.
In his judgment, he also said the defence did not raise a reasonable doubt in
the prosecution's case.
"She arrived at the airport from Johannesburg, South Africa, and the analysis
of the defence was that the accused retrieved the wrong bag.
"The prosecution???s evidence stated that she walked around the carousel 4
times before taking her bag. She was also acting suspiciously.
"Her reaction indicates that the accused had knowledge of the drugs in the bag
and was looking to see if it was safe to retrieve the bag," he said.
(source: The Star)
BANGLADESH:
4 Sensational Murders----CJ assigns bench to deal with death references
Chief Justice Surendra Kumar Sinha set a High Court bench the task of dealing
with death references of 4 sensational cases filed for killing 13-year-old boys
Sheikh Md Samiul Alam Rajon and Rakib, police official Mahfuzur Rahman and his
wife, and blogger Ahmed Rajib Haider.
The bench of Justice Jahangir Hossain and Justice Md Jahangir Hossain was asked
to dispose of the death references on a priority basis.
Rajon was beaten to death by a group of brutes in Kumargaon Bus Stand area of
Sylhet Sadar on July 8 last year allegedly for trying to steal a rickshaw van.
On November 8 the same year, a Sylhet court sentenced 4 people, including prime
accused Quamrul Islam, to death in the case.
3 other death-row convicts are Zakir Hossain alias Pavel, Saddique Ahmed alias
Boro Moyna and Taz Uddin alias Badal.
The same day, Khulna Metropolitan Magistrate Court handed down death penalty to
Omar Sharif -- owner of "Sharif Motors -- and his uncle Mintu Khan for killing
Rakib by pumping air into his body through rectum in a shop in Tutpara
Kabarkhana of Khulna on August 3 last year when the boy went to a nearby store
to buy some paint.
On February 15, 2013, Rajib, who used to write online against war criminals and
was an activist of the Shahbagh movement, was hacked to death near his Mirpur
house in the capital.
A Dhaka court on December 31 last year handed down death penalty to 2 people
and different jail terms to six others, including the chief of banned militant
outfit Ansarullah Bangla Team, for killing Rajib.
On August 16, 2013, the bodies of Mahfuzur Rahman, inspector of Special Branch
of Police, and his wife Swapna Rahman were recovered from their Chamelibagh
house in the capital.
A Dhaka court on November 12 last year found their daughter Oishee guilty of
killing her parents and sentenced her to death.
(source: The Daily Star)
INDIA:
Manipur Women Commission Appeals for Clemency Against Death Sentence
Manipur Women Commission will soon approach the External Affairs Ministry to
seek clemency for a woman from the State who has been awarded death sentence by
the Malaysian High Court for trafficking drugs.
K Sobita, Chairperson of the State Women's Commission, said, "I want the
concerned authorities to review the sentence and award clemency."
Activist Sobita Mangsatabam of Imphal-based Women Action Development (WAD) told
reporters, "We respect the law of that country but do not support death
penalty. Many countries and prominent rights bodies are also against death
penalty."
It is to be noted that Sangeeta Sharma Brahmacharimayum (41) was awarded the
death sentence after she was found guilty of trafficking in 1,637.1 gm of
Methamphetamine on October 7, 2013 at the Penang International Airport.
She was held guilty under the Dangerous Drugs Act 1952 for trafficking drugs in
that country which carries a death sentence.
(source: northeasttoday.in)
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