Feb. 13
PHILIPPINES:
14 senators block Palace move to withdraw from treaty vs death penalty
In a resolution filed on Monday, 14 senators virtually blocked a Palace move to
withdraw from an international agreement to clear the way for the passage of a
bill reviving death penalty in the country.
The resolution expressed the sense of the Senate that any move to withdraw from
any treaty that had been concurred in by the Senate will not be valid without
their concurrence, as stipulated by the Constitution.
Senate President Pro Tempore Franklin Drilon said, "This is in recognition of
the right of the Senate to participate in the withdrawal of a treaty, because
the Senate concurrence is required in the approval of the treaty. A treaty that
is approved by the Senate becomes part of the law of the land, and any repeal
of any treaty by a withdrawal should also require the concurrence of the
Senate," Drilon said.
Drilon said that 14 senators signed Senate Resolution No. 289 titled
"Resolution expressing the sense of the Senate that termination of, or
withdrawal from, treaties and international agreements concurred in by the
Senate shall be valid and effective only upon concurrence by the Senate."
Besides Drilon, those who signed the resolution are Senate Majority Leader
Vicente Sotto III, Minority Leader Ralph Recto, Senators Benigno Aquino IV,
Leila De Lima, Francis Pangilinan, Risa Hontiveros, Panfilo Lacson, Loren
Legarda, Miguel Zubiri, Gregorio Honasan, Joseph Victor Ejercito, Juan Edgardo
Angara and Joel Villanueva.
"The power to bind the Philippines by a treaty and international agreement is
vested jointly by the Constitution in the President and the Senate," the
resolution said. "A treaty or international agreement ratified by the President
and concurred in by the Senate becomes part of the law of the land and may not
be undone without the shared power that put it into effect," the resolution
added.
Drilon further explained that the resolution is just formalizing the approval
on the AIIB (Asian Infrastructure Investment Bank) treaty.
"When we ratified the treaty there, we included a provision there that says
that any withdrawal should have the Senate concurrence, and that was approved.
So we are just reiterating and formalizing the resolution," Drilon said.
According to news reports, Malaca???ang Palace is now moving for the country's
withdrawal from the Second Option Protocol to the International Convention on
Civil and Political Rights (ICCPR), which hinders deliberations on the death
penalty law.
"Well, that is a legal position that the 14 senators have taken: that any
withdrawal from any treaty should require the concurrence of the Senate. But it
is argued by those who opposed the death penalty that in fact, the Philippines
cannot withdraw from that Second Protocol," Drilon stressed.
Drilon, former justice secretary, said that the Constitution explicitly
delegated to the Senate the power to concur any international treaty and
agreement entered into by the Executive Department.
"When we concur in a treaty, it becomes part of the law of the land. The
concurrence of the Senate is required to make the treaty effective and
therefore any withdrawal should have the concurrence of the Senate," Drilon
said.
"Let me repeat that a similar provision was already approved by the Senate in
the concurrence in the treaty wherein the Philippines agreed to become a member
of the AIIB," he added.
(source: interaksyon.com)
***************
'Death penalty shameful for Catholic Philippines'
A leader of the Catholic Church said it would be shameful for the country to
restore the death penalty while the Philippines prepares to mark 500 years of
Catholicism.
Lingayen-Dagupan Archbishop Socrates Villegas said the Church is in the midst
of preparations for the 500th anniversary of the first mass in the country held
on March 31, 1521.
Villegas, who is also president of the Catholic Bishops Conference of the
Philippines (CBCP) hopes that Catholics will oppose the restoration of capital
punishment because it is contrary to their faith.
He, however, rejected suggestions that Church leaders are lobbying Congress
against the restoration of the death penatly.
"Church leaders are not Congress lobbyists, that is not our duty," Villegas
said in a forum.
"Our duty is to disturb consciences. At the end of the day I hope the Speaker
(of the House) will allow a conscience vote on the death penalty," he added.
The restoration of capital punishment is a priority of House Speaker Pantaleon
Alvarez.
Villegas also called on Catholics to join the "Walk for Life" event organized
by Church lay leaders which will be held on February 18. The march is meant to
speak out against extra-judicial killings and the restoration of the death
penalty.
NO FIGHT WITH DUTERTE ADMINISTRATION
Villegas also sought to downplay suggestions that Church leaders are leading a
confrontation with the Duterte administration. He said that the Church is
always open to "critical collaboration" with the government.
He said that while they may be critical of some of the policies of the
administration, Church leaders are also looking at the positive things that the
government is doing like fighting corruption and reaching out to the poor.
Villegas also said he saw no need for another Jaime Cardinal Sin to lead the
Church. Cardinal Sin, who died in 2005, led the People Power uprising which
toppled the Marcos dictatorship in 1986. Villegas said Sin lived in a different
time.
Villegas, who was considered a protege of the late cardinal, said it would be
unfair for today's Church leaders to be expected to become another Cardinal
Sin.
***************************
Arroyo can keep House post until death penalty vote: Alvarez
Deputy Speaker Gloria Macapagal-Arroyo can keep her post, at least until
congressmen vote on a bill that seeks to restore the death penalty, Speaker
Pantaleon Alvarez said Monday.
Arroyo, who abolished capital punishment when she was president, said she would
abstain from voting on the measure, which is among President Rodrigo Duterte's
priorities.
"Let's wait until after the voting. It's difficult to discuss now because there
is no vote yet. For all we know, they might vote in favor and support the
President."
Alvarez said the House majority should support administration policies.
(source for both: abs-cbn.com)
BANGLADESH:
Cabinet approves draft law imposing death penalty, fine for disrupting civil
aviation
Cabinet has approved a draft law imposing death penalty and a fine of Tk 50
million for disrupting civil aviation.
Prime Minister Sheikh Hasina approved the 'Civil Aviation Movement Act 2017' at
a cabinet meetingon Monday.
The draft was approved on principle on Feb 29 last year.
The penalties for different crimes related to aviation have been increased in
the draft which will now come up for final approval.
The draft is an updated version of the 1960's 'The Civil Aviation Ordinance',
Cabinet Secretary Mohammad Shafiul Alam told reporters after the meeting.
"Any action disrupting smooth operation of air crafts and jeopardising people's
lives will be considered a crime," he said.
The penalty for such action is death and a fine of Tk 50 million, said Alam .
He clarified that the death sentence was added lately.
Anyone breaching the 'Air Navigation Order' (license for operating aircraft)
will be awarded 5-year jail term or Tk 10 million fine or both.
The secretary said, for misusing the light signals, which is a serious crime,
the penalty is life sentence or fine of Tk 50 million or both.
For carrying dangerous items in flights, the penalty is jail for 7 years and a
fine of Tk 5 million.
The law defines 'dangerous items' as any object that is hazardous to health,
property and environment.
The items flagged by the International Civil Aviation as 'dangerous' fall in
this category.
The proposed law imposes 7-year prison term and Tk 5 million fine for entering
Bangladesh's airspace illegally, said the secretary.
Some directives of the International Civil Aviation have been incorporated in
the draft, he said.
(source: bdnews24.com)
TAIWAN:
Death penalty not to be discussed at judicial reform conference
An upcoming judicial reform conference will not touch on an amnesty for former
President Chen Shui-bian or specific policies such as the scrapping of the
death penalty, a co-convener of the organizing committee said Monday.
That was the conclusion arrived at after the conference's organizing committee
completed its fourth and final meeting, according to Chiu Hei-yuan.
The conference, scheduled to open on Feb. 20, will be divided into five groups
that touch on protecting victims and the underprivileged, establishing a fair
and trustworthy judiciary, creating a highly efficient judicial system with
accountability, promoting participation and transparency and building a system
that maintains social order.
Each of the 5 groups will meet once every 2 weeks, and they are scheduled to
hold 6 meetings during a 3-month period.
Chu said his committee solicited views from civil groups on what topics to
cover, and none of them brought up the issue of scrapping capital punishment.
The main reason why the death penalty will not be on the conference's agenda is
because it will not be appropriate to talk about specific policies at the
conference, Chu said.
Issues related to human rights, such as the human rights of the victim of a
murder, the family of the victim, and even the killer will be discussed in the
group touching on human rights, he said.
On whether an amnesty for former President Chen Shui-bian will be part of the
judicial reform conference, Chu said it was stated clearly when the organizing
committee was formed that isolated cases will not be discussed.
"Some said that bringing (former president) Ma Ying-jeou to justice is the most
important judicial reform issue. This was an isolated case," Chu said.
"The issue of amnesty will not be discussed at the conference," Chu said,
adding that the issue will be handled by the Presidential Office and the
Ministry of Justice.
In her address to the organizing committee, President Tsai Ing-wen asked
conference participants to use "language that people can understand" to explain
various topics.
(source: focustaiwan.tw)
IRAN:
Judiciary to reconsider death penalty for drug traffickers
Judiciary spokesperson has reported on a proposal to the Iranian Parliament to
make amendments to capital punishment law as regards drug trafficking.
Gholamhossein Mohseni Ejei said the new bill sent by the Judiciary to the
Parliament aims to modify coverage of death penalty for drug traffickers though
it is still being investigated.
On the latest status of Iranian billionaire Babak Zanjani, charged with
economic corruption among others, Mohseni Ejei said his verdict was being
implemented.
The official however highlighted that Zanjani's verdict was multi-faceted and
death penalty was only a fragment in the overall sentence.
He underlined that the oil tycoon had to stay alive until all his properties
were identified; "it still remains unknown whether the criminal holds
properties outside the country and the Ministry of Intelligence has intensified
its investigations in this regard."
Mohseni Ejei maintained that death penalty for the other 2 defendants in the
case had been cancelled as well as that indictment has not been announced
against some respondents.
The Judiciary spokesperson reiterated that presence of the prime suspect was
needed since a new defendant has been arrested.
Still in a different issue, Mohseni Ejei announced that 8 terrorists in Alborz
Province and some in other provinces have been arrested though no exact number
of detainees is at hand.
(source: mehrnews.com)
********************
Italy tells Iran of 'extreme concern' for scientist who could face death
penalty
The Italian government expressed alarm on Monday about the fate of an Iranian
academic detained in Tehran for nearly a year and reportedly sentenced to death
for espionage.
Ahmadreza Djalali, who used to work at the University of Eastern Piedmont, was
arrested on April 25th 2016 when in the Iranian capital for a conference,
according to Italian media.
The foreign ministry in Rome said in a statement it had "activated its channels
of communication with the Iranian authorities to highlight its extreme concern"
about the 45-year-old.
Stressing his academic links, the ministry sought information about Djalali's
detention -- he is reportedly in Tehran's notorious Evin Prison -- and asked
"that he be quickly returned to his family".
Djalali's wife, who is living in Stockholm with the couple's two children, told
Corriere della Sera that he faced "the death penalty for collaboration with
enemy states".
Djalali worked at the University of Eastern Piedmont between 2012 and 2015 and
also had employment in Belgium.
There has been no comment from Iranian officials or media about his case.
(source: thelocal.it)
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