Oct. 11
SOUTH KOREA:
'7 in 10 Koreans oppose death penalty'
The majority of South Koreans agree that the death penalty should be abolished
and replaced with alternative forms of punishment, the state-run human rights
body announced Wednesday.
According to data from the National Human Rights Commission of Korea, 7 out of
10 Koreans are against retaining capital punishment on the condition that
serious punitive measures are put in place to deter crime.
The commission released the data at a conference held to mark World Day Against
the Death Penalty.
The survey showed that few Koreans were willing to do away with capital
punishment immediately. Only 4.4 % of respondents favored its immediate
abolition, whereas 15.9 % agreed that it should be abolished at some point in
the future.
However, the number rose steeply, to 66.9 %, when the question was rephrased to
ask respondents if the death penalty should be replaced with other punitive
measures.
Alternatives that respondents favored adopting in place of capital punishment
included "absolute life imprisonment," which topped the list with 78.9 % in
favor. This was followed by "absolute life imprisonment with punitive damages,'
favored by 43.9 % of survey respondents. Currently, the most common penalty for
murder is a life sentence.
The abolition of the death penalty has been the subject of much debate in
Korea, where the last execution took place in December 1997. According to the
Ministry of Justice, there are currently 61 prisoners on death row.
(source: The Korea Herald)
ASIA:
Asian countries urged to end death penalty, respect right to life
The Asian Forum for Human Rights and Development (FORUM-ASIA) and 28 civil
society organizations in Asia condemn the recent imposition of the death
penalty by the Singaporean authorities on Abdul Wahid Bin Ismail, Mohsen Bin
Na'im, and Zainudin bin Mohamed.
All 3 were convicted of drug-related offences and were executed on 5 October
2018. As a network of human rights organizations, FORUM-ASIA sees the death
penalty as a grave violation of the right to life - the most fundamental and
essential human right for other rights to be realized.
It serves no purpose to the State and its people in their pursuit of justice.
We therefore call on the Government of Singapore, and other Governments in Asia
that retain the death penalty to immediately impose a moratorium to the death
penalty, as the 1st step towards its abolition.
The use of the death penalty has seen a global decline in recent years,
signifying a movement towards more effective ways of deterring crimes.[1]
Despite this global trend, several Governments in Asia continue to use the
death penalty.
Just this year, India expanded the scope of crimes covered by the death
penalty. The numbers of those sentenced to capital punishment in Bangladesh
yearly remains unabated. The region has also seen an increased tendency to use
the death penalty for drug-related offences.
Indonesia has been executing primarily those convicted of drug trafficking in
recent years. It is estimated that China executes hundreds to thousands yearly
for drug trafficking or murder, although exact figures are hard to find.
The Sri Lankan Cabinet recently approved the President's proposal to take steps
towards implementing the capital punishment to those sentenced to death for
drug offences and who continue to operate 'drug rackets' while in prison. In
the Philippines, several State officials continue to push for the revival of
the death penalty, despite having previously committed itself to its abolition.
Governments continue to retain the death penalty despite troubling concerns.
There is no convincing evidence to support that the death penalty deters crime.
In Mongolia, the death penalty was abolished after it was recognized that the
threat of execution did not have a deterrent effect.[2] Arguments for its use
are based more on public opinion rather than on solid scientific evidence.
The effect of the death penalty disproportionately affects those who are often
the poor and the most marginalized, as they have limited access to resource and
power.
Judicial systems worldwide are all susceptible to abuse.
In Vietnam, the cases of Ho Duy Hai and Le Van Manh, who were sentenced to
death despite gaps in evidence and allegations of police impunity, cast strong
doubts on the credibility of the judicial system. Capital punishment is
irreversible; it violates the right to life and the right to live free from
cruel, inhuman and degrading treatment - fundamental rights of all human
beings.
It goes against our goals of promoting rehabilitation for the convicted, and
the values and standards of universal human rights we all stand for.
On the World Day against the Death Penalty, we express our grave concern on the
continuing use of the death penalty in Asia. We call on all Governments to work
for the abolition of the death penalty and to create a justice system that can
respect human rights for all, including the perpetrators and the victims. Only
when we respect the right to life and dignity of all can we move towards a
global humane society.
The statement is endorsed by:
1. Banglar Manabadhikar Suraksha Mancha (MASUM), India
2. Bytes for All, Pakistan
3. Cambodian Human Rights and Development Association (ADHOC), Cambodia
4. Commission for the Disappeared and Victims of Violence - Komisi untuk Orang
Hilang dan Korban Tindak Kekerasan (KontraS), Indonesia
5. Community Resource Centre, Thailand
6. Community Self Reliance Centre (CSRC), Nepal
7. Equality Myanmar, Myanmar
8. Human Rights Commission of Pakistan, Pakistan
9. Human Rights Alert, India
10. INFORM, Sri Lanka
11. Law & Society Trust, Sri Lanka
12. National (Catholic) Commission for Justice and Peace
13. Madaripur Legal Aid Association (MLAA), Bangladesh
14. Maldivian Democracy Network, the Maldives
15. National (Catholic) Commission for Justice and Peace, Pakistan
16. Odhikar, Bangladesh
17. People\'s Watch, India
18. People's Solidarity for Participatory Democracy (PSPD), South Korea
19. People's Vigilance Committee on Human Rights (PVCHR), India
20. Philippine Alliance of Human Rights Advocates (PAHRA), the Philippines
21. Refugee and Migratory Movements Research Unit (RMMRU), University of Dhaka,
Bangladesh
22. South India Cell for Human Rights Education and Monitoring (SICHREM), India
23. Suara Rakyat Malaysia, Malaysia
24. Taiwan Association for Human Rights, Taiwan
25. Task Force Detainees of the Philippines (TFDP), the Philippines
26. Think Centre, Singapore
27. Vietnamese Women for Human Rights, Vietnam
28. Yayasan Lembaga Bantuan Hukum Indonesia/ Indonesia Legal Aid Foundation
(YLBH), Indonesia
(source: thenews.com.pk)
MALAYSIA:
Extradite Sirul once death penalty is abolished, says Ramkarpal
Lawyer Ramkarpal Singh today called for the Australian government to extradite
convicted killer Sirul Azhar Umar once Malaysia abolishes the death penalty.
"Once death penalty is abolished, the Australian government should extradite
him back here to serve his sentence," he told FMT.
Ramkarpal has been pushing for Sirul to be brought back to complete
investigations into who ordered the murder of Altantuya Shaariibuu, but the
Australian government does not want to do so as he will face the death penalty
here.
Sirul was 1 of 2 men convicted of murdering the Mongolian woman, who was shot
dead before her body was blown to bits with explosives in 2006.
Ramkarpal said it would give an opportunity for Sirul to return home without
the fear of being on the death row. "He can come back to serve imprisonment,"
he added.
Yesterday, law minister Liew Vui Keong said the Cabinet had decided to abolish
the death penalty and a bill to this effect would be tabled at the next Dewan
Rakyat sitting.
Ramkarpal, who is also Bukit Gelugor MP, said abolishing the death penalty was
a good move.
"It should apply not only to those who are facing capital punishment but also
those on death row."
He said he had represented clients who were sometimes sent to death row.
"You can never be sure of the conviction of death penalty, if it is 100%
correct," he added. "Whether the man should be sent (to be hanged). It is
someone's life."
In Malaysia, the death penalty, carried out by hanging, is mandatory for crimes
such as murder, drug trafficking and possession of firearms.
Between 2007 and 2017, 35 individuals were hanged while another 1,200 are on
death row.
(source: freemalaysiatoday.com)
********************
Parliament must consign death penalty to the history books
Responding to the Malaysian government's announcement today that it plans to
abolish the death penalty for all crimes, Kumi Naidoo, Amnesty International's
Secretary General, said:
"Today's announcement is a major step forward for all those who have campaigned
for an end to the death penalty in Malaysia. Malaysia must now join the 106
countries who have turned their backs for good on the ultimate cruel, inhumane,
degrading punishment - the world is watching.
"Malaysia's resort to the death penalty has been a terrible stain on its human
rights record for years. In Malaysia death row prisoners are often cruelly kept
in the dark about the outcome of their clemency applications and notified of
their executions just days or hours before they happen.
"With a bill on abolition set to be tabled next week, we are calling on the
Malaysian Parliament to completely abolish the death penalty for all crimes,
with no exceptions. There is no time to waste - the death penalty should have
been consigned to the history books long ago. Malaysia's new government has
promised to deliver on human rights and today's announcement is an encouraging
sign, but much more needs to be done."
Background
The Minister of Law in the Prime Minister's Office, Datuk Liew Vui Keong, today
announced that the Cabinet has decided to abolish the death penalty for all
crimes. A bill with this aim is due to be tabled in the next Parliament
sitting, which begins on October 15. Malaysia announced a moratorium on
executions in July 2018.
Amnesty International opposes the death penalty unconditionally and has been
campaigning for its abolition for over 40 years. As of today, 142 countries
have abolished the death penalty in law or practice.
10 October is World Day Against the Death Penalty. One emblematic case that
Amnesty is highlighting is Hoo Yew Wah's, from Malaysia. Sentenced to death at
a young age for drug trafficking, he is asking to be given a 2nd chance.
Although the authorities have suspended the implementation of executions, Hoo
Yew Wah is yet to find out if his 2014 clemency appeal has been successful. He
was sentenced to the mandatory death penalty in May 2011 after he was forced to
sign a self-incriminating statement.
(source: Amnesty International)
*******************
Law Minister: No more death penalty, death row inmates to get reprieve
The death penalty will be abolished and there should be a moratorium on all
executions until then, Datuk Liew Vui Keong (pic) said on Wednesday (Oct 10).
The de facto law Minister in the Prime Minister's Department said that the only
issue was what to do with the convicts currently on death row.
''All death penalty will be abolished. Full stop.
''Since we are abolishing the sentence, all executions should not be carried
out.
''We will inform the Pardons Board to look into various applications for
convicts on the (death penalty) waiting list to either be commuted or
released,'' he told the press after chairing the “Law Reform Talk” at
Universiti Malaya' Faculty of Law.
While the government is studying certain cases, he said that in reviewing the
punishment, various aspects must be taken into account in ensuring an
appropriate penalty was doled out to offenders.
''Drug-related offences will be different and consideration must be given to
convicts who, for example, were drug mules, as compared to those who committed
heinous crimes.
''We also need to comprehensively consider all cases, especially when it
concerns the families of murdered victims,'' he said.
Liew also noted that the Bill on abolishing the death penalty will be tabled in
the coming Parliament sitting, beginning Oct 15.
(source: thestar.com.my)
*********************
Malaysia to abolish death penalty
Malaysia plans to abolish the death penalty, according to the prime minister's
office, in a decision described by human rights advocates as a major step
forward for the country.
The cabinet decided to scrap the death sentence for all crimes, after Kuala
Lumpur announced a moratorium on executions in July, Liew Vui Keong, minister
of law in the prime minister's office, said.
"All death penalty will be abolished. Full stop," Mr Liew said after an event
at University of Malaya, according to local press.
A proposed bill is expected to be tabled at the next parliamentary sitting
scheduled for October 15.
Kumi Naidoo, Amnesty International's secretary general, said in a statement
that the announcement was "a major step forward for all those who have
campaigned for an end to the death penalty in Malaysia. Malaysia must now join
the 106 countries who have turned their backs for good on the ultimate cruel,
inhumane, degrading punishment - the world is watching," adding this practice
has been "a terrible stain on its human rights record for years".
Soon after the landmark electoral victory of the Pakatan Harapan (Alliance of
Hope) in May, Muhyiddin Yassin, home minister, said the death penalty was 1 of
7 laws in need of revision, in line with the ruling coalition's manifesto.
Prime Minister Mahathir Mohamad last month voiced his support for a man facing
the death penalty for selling cannabis oil to patients and called for his
sentence to be reviewed.
(source: Financial Times)
UGANDA:
Activists demand for the abolition of the death penalty in Uganda
The European Union and the Foundation for Human Rights Initiative have again
demanded the abolition of the death penalty, saying it violates human rights
and dignity.
The demand was made during commemoration of the 16th World Day Against the
Death Penalty at the Foundation for Human Rights Initiative offices in Kampala.
(source: ntv.co.ug)
NIGERIA:
Nigeria's 100-year-old death-row inmate seeking pardon
Death-row inmate Celestine Egbunuche has been dubbed Nigeria's "oldest
prisoner" amid a campaign calling for his release.
He is 100-years-old and has spent 18 years in jail after being found guilty of
organising a murder.
Small and slightly hunched over, he looks wistfully into space as he sits on a
tightly packed bench inside a stuffy prison visitor's room.
Dressed in a white T-shirt, shorts and flip-flops, he lifts his head slowly -
his way of acknowledging our presence.
But otherwise, he remains quiet during our visit - in stark contrast to the
rest of the room that is filled with loud chatter at Enugu Maximum Security
Prison in south-east Nigeria.
His son Paul Egbunuche, 41, sits protectively close to him - and does the
talking. He is in jail on the same murder charge.
They were both accused of hiring people to kidnap and kill a man over an
alleged land dispute in Imo state.
Paul maintains their innocence. They were detained in June 2000 and eventually
convicted and sentenced to death in 2014.
It has not been possible to contact the family of the man who was killed - even
the Nigeria prison service has been unable to find them.
'Confused and childlike'
As prison officials look on, he tells me that his father isn't really able to
talk much any more and is no longer aware of his surroundings.
"When you ask him something, he says something else. The doctor told me that it
is his age, he has become like a little pikin [child].
"There are some times when he will ask me: 'These people here [inmates], what
are they doing here?'"
Paul says he rarely leaves his father's side now; he has been his primary carer
since his health began to deteriorate in prison.
These health problems include diabetes and failing eyesight - and Paul uses
what he can to manage them.
"The only thing I'm using to manage him is food, unripe plantain, and they
[officials] give him some drugs."
Birthday photo
Father and son share a cell with other death-row prisoners, who are separated
from the general population.
"When I wake up in the morning, I will boil water and bath him," Paul says.
"I'll change his clothes then prepare food for him. If they open up [the cell]
I'll take him out so the sun will touch him.
"I'm always close to him, discussing with him and playing with him."
Paul says the other inmates sometimes help him care for his father and that
many of them want his father to be released.
It was after his father's 100th birthday on 4 August that events were set in
motion that may lead to his release.
A photo of Paul and a frail-looking Egbunuche went viral in August after a
local paper did a story about him turning 100 in jail. It sparked a debate
about the length of time Nigerians spend on death row and the place of capital
punishment altogether.
The latest figures from the Nigerian Prisons Service show that more than 2,000
people are on death row in Nigeria, many of whom spend years waiting to be
executed.
The death sentence is not commonly carried out in Nigeria. Between 2007 and
2017, there were 7 executions - the last one taking place in 2016, Amnesty
International reports.
Poverty and punishment
However, the death penalty is still meted out by judges for offences like
treason, kidnapping and armed robbery.
"You have people who have spent 30 years on death row, it's common," says
Pamela Okoroigwe, a lawyer for the Legal Defence and Assistance Project
(LEDAP).
"Governors are reluctant to sign [death warrants] and they're not willing to
grant pardons - that's why we have a high number of death-row inmates."
Ms Okoroigwe says death row is a "punishment for the poor" and one that a
growing number of Nigerians want abolished.
"Have you ever seen a rich man on death row?" she asks.
"How many people can afford to get a lawyer to represent them in court? A rich
man who ended up in court can afford to get the best and he'll be free."
(source: the-star.co.ke)
*************************
No more justification for death sentence in Nigeria - Group
An advocacy group, Human Rights Law Service, has said there is no longer any
justification for Nigerian judges to continue to pass death sentence on
convicts in the country.
This, according to HURILAWS, which is being spearheaded by a former President
of the Nigerian Bar Association, Dr Olisa Agbakoba (SAN), is because state
governors, who have the power to sign the death warrants for death row inmates,
are shying away from such responsibility.
The group, quoting Amnesty International, said there were no fewer than 2,285
death row inmates languishing in different prisons across the country, noting
that in 2017 alone, a total of 621 persons were sentenced to death by the
courts with no governor willing to sign their death warrants.
In a statement on Wednesday by its Senior Legal/Programme Officer, Collins
Okeke, in commemoration of this year’s World Day against the Death Penalty,
HURILAWS urged Nigerian judges to support the advocacy for the abolishment of
death penalty by, in protest, stopping to sentence convicts to death.
It noted that though death row inmates were entitled to the protection of their
human rights, in Nigerian prisons they were being kept under dehumanising
conditions.
The group said, "In practice, since May 29, 1999, most state governors have
failed, refused or neglected to sign warrant of execution. The result is that
death sentences are handed down by the courts and are not carried out.
"For many of these death row prisoners, conditions are traumatic, harsh and
dehumanising.
"Most death row cells are 7 by 8 feet, shared by 3 to 5 people; the cells are
dark and are with hardly any ventilation. Prisoners use buckets as toilets and
sleep on the bare floor.
"The average period spent on death row by prison inmates in Nigeria is between
10-15 years. Many death row prisoners have developed mental illness during
their long stay in prison and on death row.
"HURILAWS is of the view that since the death sentence passed on convicts are
never carried out and will never be carried out, there is no more
constitutional justification for the sentence of death.
"The punishment of death is protected under Section 33 (1) CFRN 1999 'in the
execution of the sentence of a court' and when those who should sign death
warrants are unwilling to, it becomes clear that the sentence of death is
unconstitutional since Section 33 (1) covers execution not sentencing in vain
keeping the convicts on the death row indefinitely.
"HURILAWS, therefore, calls on judges in Nigeria to employ activism to declare
this practice unconstitutional.
"HURILAWS also calls on the federal and state governments in Nigeria to stop
torturing and traumatising death row inmates by either abolishing the death
penalty or signing into law a death penalty moratorium law."
(source: punchng.com)
************************
Commission seeks reduction of death sentences to life imprisonment
The National Human Rights Commission (NHRC) has called on the President and
state governors to consider commuting the sentences of all death row inmates to
life imprisonment.
The Executive Secretary (ES) of the commission, Mr Tony Ojukwu, made the call
on Wednesday in Abuja in commemoration of the 2018 World Day against Death
Penalty.
Ojukwu, in a statement signed by him, said that death penalty as a retributive
measure might not serve as deterrent to crime.
According to him, the lack of certainty on the fate of death row inmates as
well as their living conditions in prison is worrisome as it has grave human
rights implications.
The ES stated that imprisonment was no longer seen solely as a retributive
measure but was targeted at reformation, rehabilitation and reintegration of
inmates.
"Considering the challenges faced by our Criminal Justice Administration
System, it is necessary for all concerned to exercise caution in carrying out
executions of convicted inmates," he warned.
He said there was the need to revisit the findings of the Study Group which
gave`birth to the Moratorium on Death Penalty for a better understanding of the
justification for Moratorium in the country.
The ES said that the adoption of official Moratorium and eventual abolition of
death penalty in Nigeria was a proactive step toward fulfillment of Nigeria's
international human rights obligations.
"The commission observes that freedom from torture is a non-derogable human
right.
"Nigeria is a party to the UN Convention against Torture and its Optional
Protocols and has domesticated this instrument by virtue of the Anti-Torture
Act (2017).
"Nigerian Government is, therefore, under obligation to give effect to the
spirit and letters of these instruments," Ojukwu advised.
He enjoined all stakeholders to join hands in advocacy for a rethink on
retaining Death Penalty in the nation's legal System.
The World Coalition against Death Penalty and the Abolitionists mark World Day
against Death Penalty on Oct. 10, every year and the 2018 celebration focuses
on the living conditions of those sentenced to death.
(source: thenationonlineng.net)
ZIMBABWE:
Zimbabwe president 'wholeheartedly' against death penalty
Zimbabwe president Emmerson Mnangagwa has expressed his view on death penalty
stressing that it was an affront to human dignity.
"I wholeheartedly agree," he quoted a tweet by the European Union, EU, in
Zimbabwe which read: "The death penalty is an affront to human dignity. It
constitutes cruel, inhuman and degrading treatment and is contrary to the right
to life.
The death penalty has no established deterrent effect and it makes judicial
errors irreversible." The EU issued a statement on the European and World Day
against the Death Penalty. It stressed the Council of Europe and EU's strong
opposition to capital punishment in all circumstances and for all cases.
"Let's restore the death penalty. People are playing with death by killing each
other. Is this why we liberated this country? We want this country to be a
peaceful and happy nation, not a country with people who kill each other," the
words of former president Robert Mugabe in November 2017.
The 94-year-old was at the time speaking at the funeral of a political ally,
Don Muvuti, in the capital Harare.
Reports indicate that the country in 2017 had over 90 prisoners on death row.
Rights groups have increasingly called for the death penalty to be scrapped
from the law books across the world.
Most African countries only have them sitting on the books but hardly implement
them. Nigeria's Lagos State have mooted death sentence for kidnappers after a
spike in the cases.
In Tanzania, however, President Magufuli was quoted as saying even though it
was on the books, he will not be in a position to sign death warrant of
convicts.
"I know there are people who convicted of murder and waiting for death penalty,
but please don’t bring the list to me for decision because I know how difficult
it is to execute," he said.
Tanzania's Penal Code, Cap 16 stipulates the death penalty for serious offenses
like murder and treason.
(source: africanews.com)
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