Nov. 16
PHILIPPINES:
DoJ explains death penalty
The Justice department on Tuesday asked the House sub-justice committee on
judicial reforms to be given more time to defend its proposal to reimpose death
penalty in the country.
Appearing before the panel presided by Leyte Rep. Vicente Veloso, Justice
Secretary Vitaliano Aguirre was having a hard time answering queries from Albay
Rep. Edcel Lagman as to whether capital punishment has been proven effective to
deter heinous crimes.
"[As of the moment], I have no empirical data to measure the reaction of people
to show that because of this fear of the penalty, the commission of crime will
be less," Aguirre told the House panel.
But he said based on his personal experience, people would be discouraged from
committing crimes when they know the death penalty is in effect and will be
imposed commensurate to the gravity of crimes they commit.
Lagman stressed Congress needs to have cold data and hard statistics on the
proposal to reimpose death penalty "so we can validate statements truly after
execution cases of drug trafficking and drug abuse has decrease," Lagman said.
There should "verifiable evidence," Lagman said.
Aguirre also said that death penalty was not actually abolished but merely
suspended.
"It's always there.. it was not abolished... and that it may be reimposed where
there are compelling reasons," Aguirre said.
One of the sub-committee members, Para???aque Rep. Gus Tambunting, said the
death penalty should be studied well.
"Does Government have the right to take away the life of a human being,
especially with our flawed justice system. Won't it be anti poor? Will the rich
who can leave the country and hire expensive lawyers, get away with it?"
Tambunting said as he asked several questions to be considered by Congress
before passing a proposal to revive death penalty on heinous crimes.
Veloso had earlier stressed the need for Congress to conduct extensive hearings
on death penalty, saying restoring the penalty of death on heinous crimes
involves administration of justice.
He also cited the Constitution and jurisprudence relative to the deliberation
on the death penalty proposals.
(source: thestandard.com.ph)
SINGAPORE:
Halt execution now
Singapore must immediately halt the execution of Chijioke Stephen Obioha, a
Nigerian national on death row for possession of drugs, Amnesty International
said today.
On Wednesday, Chijioke Stephen Obioha???s family was informed that his appeal
for clemency has been rejected. He is set to be executed on Friday 18 November
2016.
"The Singapore government still has time to halt the execution of Chijioke
Stephen Obioha. We are dismayed that clemency has not been granted in his case
but remain hopeful that they won't carry out this cruel and irreversible
punishment against a person sentenced to the mandatory death penalty for a
crime that should not even be punished by death," said Rafendi Djamin, Amnesty
International's Director for Southeast Asia and the Pacific.
"The death penalty is never the solution. It will not rid Singapore of drugs.
By executing people for drug-related offences, which do not meet the threshold
of most serious crimes, Singapore is violating international law. Most of the
world has turned its back on this ultimate cruel, inhuman and degrading
punishment. It is about time that Singapore does the same, starting by
restoring a moratorium on all executions as a first step towards abolition of
this punishment."
Amnesty International opposes the death penalty in all circumstances,
regardless of the method of execution or the crime for which it is imposed, and
believes that there is no credible evidence that the death penalty has a unique
deterrent effect.
Background
Chijioke Stephen Obioha was found in possession of more than 2.6 kilograms of
cannabis in April 2007, surpassing the amount of 500 grams that triggers the
automatic presumption of trafficking under Singapore law. Under Singaporean
law, when there is a presumption of drug possession and trafficking, the burden
of proof shifts from the prosecutor to the defendant. This violates the right
to a fair trial by turning the presumption of innocence on its head.
Drug-related offences do not meet the threshold of the "most serious crimes" to
which the use of the death penalty must be restricted under international law.
International law also prohibits the imposition of the death penalty as a
mandatory punishment. Amnesty International opposes the use of the death
penalty outright, regardless of the crime.
As of today 103 countries have abolished the death penalty for all crimes and
141 are abolitionist in law or practice.
(source: Amnesty International)
INDIA:
SGPC urges Pranab Mukherjee to have mercy on Beant Singh's assassin
The Shiromani Gurdwara Parbandhak Committee (SGPC) has sought clemency from
President Pranab Mukherjee in deciding on the mercy petition of former CM Beant
Singh's assassin Balwant Singh Rajoana. .
The mercy petition of Rajoana, who was convicted of the August 31, 1995, car
bombing at the Punjab secretariat in Chandigarh in which the then CM and 17
others were killed, has been pending with the Pranab since 2012. The SGPC,
considered the "mini parliament of Sikhs", has also sought an appointment with
the President over the issue.
To newspersons here on Tuesday, SGPC president Kirpal Singh Badungar said they
had written a letter to Mukherjee for clemency to Rajoana for whom a petition
under Article 72 of the Constitution was pending. Rajoana was sentenced to
death on August 1, 2007.
Stating that the issue was close to the heart of every "justice-loving" person,
Badungar said the grant of clemency to Rajoana would go a long way in restoring
the faith of the common man in the Constitution and judicial system. "An
inordinate delay in executing the sentence of death penalty has also created a
deserving case in favour of Rajoana," he said.
Badungar said Rajoana had preferred not to file any mercy petition on his own
and sought expeditious execution instead. "SGPC is an apex body of the Sikh
community, and is urging the President to invoke his powers for grant of
clemency to Rajoana," he said.
He said the death sentence, if executed, would result in "miscarriage" of
justice and a serious compromise on the "right to life" and "liberty" enshrined
under Article 21 of Indian Constitution. SGPC has also constituted a
seven-member committee comprising Badungar, Delhi Sikh Gurdwara Management
Committee (DSGMC) president Manjit Singh G K, SGPC general secretary Amarjit
Singh Chawla, DSGMC general secretary Manjinder Singh Sirsa, SGPC chief
secretary Harcharan Singh, SGPC secretary Avtar Singh and Paramjit Singh Kohli
for seeking clemency from, and an appointment with, the President to discuss
the issue.
(source: The Times of India)
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