[Deathpenalty] death penalty news----worldwide

2019-07-23 Thread Rick Halperin





July 23



NIGERIA:

Why rapists must be sentenced to death by hanging– FIDA



The International Federation of Women Lawyers (FIDA), has called on Kaduna 
State government to change the punishment for rape and defilement from 14 years 
to death penalty by hanging.


Mrs. Zainab Atoba, President, FIDA, Kaduna branch, made the call on Monday 
during a courtesy visit to Alhaji Aminu Shagali, the Speaker Kaduna State House 
of Assembly.


She said this had become imperative because the rate of violence against women 
and children in the society was getting out of hand.


Atoba said the daily report of violence, which includes sexual assault, 
battery, rape, defilement, trafficking, forced marriage, abuse and host of 
other vices against women and children must be tamed.


She said one in every three women had suffered some form of gender-based 
violence in her lifetime.


According to her, the statistics translates to a staggering one billion women 
globally who have been abused, beaten or sexually violated because of their 
gender.


Atoba said it was so unfortunate that gender-based violence continued to be a 
global epidemic with dire consequences for women, their families and 
communities.


She said it usually led to negative mental and physical health consequences for 
women and limited their decision-making ability and mobility, thereby reducing 
productivity and earnings.


The FIDA President noted that the time had come to ensure that women were 
capable of fully enjoying their rights and achieving their full potential.


“Legal protection from violence is crucial but it must be backed up with 
sensitisation,’’ she stated.


Atoba said lack of awareness in different local languages of such an issue had 
led to poor awareness about women’s rights among the general public and refusal 
of the government to consider such issue.


She, therefore, suggested implementing a project on sensitising the women and 
children in the remote areas by creating sustainable public awareness and 
translating some of the laws into the local languages in the state.


“We must all realise that laws alone are not sufficient, rather concerted 
action is needed to end violence against women and girls.


Atoba said the move was within the mandate of FIDA, as its primary objective 
“is the promotion, protection and preservation of the rights of women and 
children which also include their civil, political, economic, social and 
cultural rights.


Responding, Alhaji Shagali, Speaker Kaduna State House of Assembly also 
advocated capital punishment for anyone convicted of rape and other forms of 
violence.


He said this had become imperative following the outrage on rape, kidnapping, 
armed robbery and violence against women which had become major crimes now in 
the country, NAN reports.


(source: dailypost.ng)








SINGAPORE:

Lawyer: Singapore acting like N. Korea in treatment of Malaysian death row 
inmate with mental disability




Lawyers for Liberty legal adviser N. Surendran today likened Singapore to North 
Korea in its treatment of mentally challenged inmate on death row, Nagaenthran 
Dharmalingam.


Surendran said executing a mentally challenged man was against international 
law and the UN Convention on the Rights of Persons with Disabilities, which 
Singapore had ratified.


“It is beyond dispute that he suffers from mental disability and the evaluation 
was made by an independent psychiatrist and the evidence has been submitted to 
court,” he told a press conference here today.


“Singapore is putting itself in the same category as Iran or North Korea in 
sentencing to death or putting on death row a mentally challenged individual. 
This is a matter of grave seriousness” he said.


Surendran said Nagaenthran or Naga, 31 was found to have an IQ of 69.

"This means he has an “extremely low range of functioning” and has borderline 
intellectual functions," he said.


Naga’s condition was also assessed by an independent and prominent 
psychiatrist, Dr Ken Ung Eng Khean, who diagnosed him with mental and 
intellectual impairment.


The Singapore courts hired 3 psychiatrists of their own and two of them 
concurred that Naga suffers from a mild form of ADHD (attention deficit 
hyperactivity disorder) of the inattentive type where his executive functioning 
skills are impaired.


The 3rd psychiatrist Dr Koh Wun Wu’s expert evidence was made without further 
independent medical examination of Naga, but was made from reading the reports 
of the other 2 state psychiatrists.


“In considering the views of psychiatrists, the State (Singapore) has been 
shown to be inherently biased in its attitude towards independent 
psychiatrists. This is highly prejudicial to the accused persons and 
accordingly breaches their rights to a fair trial.


“The very fact they rejected the report and condemned Naga’s mental disability 
is indicative of the state of Singapore and their judicial attitude towards 
drug offenders and 

[Deathpenalty] death penalty news----PENN., S.C., OHIO, ARIZ., CALIF.

2019-07-23 Thread Rick Halperin







July 23




PENNSYLVANIA:

Lawmakers Weigh In On Legal Effort To End Capital Punishment In Pennsylvania



A group of Republican state senators has urged the Pennsylvania Supreme Court 
to reject an attempt to overturn the death penalty. 2 death row inmates contend 
that the punishment is administered in an unconstitutional way, but the 
Republicans say that only the legislature can decide to repeal the death 
penalty.


State Sen. Camera Bartolotta (R-Monongahela) is one of the 13 legislators who 
made that argument in a friend-of-the-court brief filed earlier this month.


“The Supreme Court can only decide if something is constitutional or not,” 
Bartolotta said. “They’re not a branch of government that writes legislation or 
puts things in statute.”


Her position echoes that of the state attorney general's office, which said in 
its brief filed last week that action by the justices would be based on 
“factually unsettled matters of policy entrusted to the legislative branch, not 
constitutional issues to be resolved by courts.”


In addition, the office noted that both the state and U.S. Supreme Courts have 
upheld the constitutionality of the death penalty in the past.


But the inmates who brought the case argue that new evidence shows 
Pennsylvania’s capital punishment system is discriminatory and prone to error.


In a brief submitted in February, they cite a legislative report that was 
released last summer. It found that since 1972, 6 death row inmates have been 
exonerated while just 3 have been executed. And as of May 2018, 150 inmates 
sentenced to death since 1978 have had their convictions or sentences 
overturned due to ineffective assistance of counsel, according to the report.


Today, there are 131 Pennsylvania prisoners on death row, according to the 
inmates.


The legislative study found that whether defendants are sentenced to death 
depends on the county in which they are prosecuted. The race of the victim was 
also shown to be a factor. Cases involving white victims were more likely to 
result in a death sentence, regardless of the race of the accused perpetrator, 
the report said.


The Republican state senators write in their brief, however, that the report 
was meant to provide guidance to the legislature, not “to stand in for judicial 
fact-finding or to eliminate important policy debates.”


State Rep. Dan Miller (D-Mount Lebanon), who opposes capital punishment, said 
the report’s findings raise constitutional questions on which courts have the 
authority to rule.


“Just because the legislature refuses to review something doesn’t mean that the 
courts should be taking a blind eye to its constitutional ramifications,” 
Miller said.


But Bartolotta, who belongs to the Senate Judiciary Committee and co-chairs her 
chamber's criminal justice reform caucus, countered that lawmakers will address 
the issue.


“That’s exactly what we’ve been doing,” she said. “We only got the report back 
last year. So now, we go back in the fall, now that the budget was done in June 
... and I am sure the judiciary committee and other committees are going to be 
taking those findings ... and then moving forward.”


Miller, a member of the House Judiciary Committee, doubts the GOP-controlled 
legislature will follow through.


“I don’t know how long people need to control majorities, control committees, 
and then feign some sort of interest in these topics before people realize that 
they are not going to make any progress on it,” Miller said. “These things are 
not going to change. They have no interest in doing so.”


Nonetheless, state Rep. Frank Ryan (R-Lebanon County) has said he plans to 
introduce a bill to repeal the death penalty with state Rep. Chris Rabb 
(D-Philadelphia County) in the fall.


Former state Sen. Stewart Greenleaf (R-Montgomery County) was the chair of the 
Senate Judiciary Committee before retiring last year. He said he tried to bring 
the death penalty up for a committee vote, but could not get enough support to 
bring it up.


But, the former lawmaker believes the political climate has changed.

“It wasn’t long ago when there was overwhelming support for the death penalty 
among people in Pennsylvania,” Greenleaf said. “That has changed significantly. 
And of course … the number of other states that have repealed the death penalty 
is high as well. So things are going in that direction.”


21 states have outlawed capital punishment, according to the Death Penalty 
Information Center. Pennsylvania is 1 of 4 states where governors have halted 
all executions, even though the law permits them.


Bartolotta said Gov. Tom Wolf should stop his practice of granting reprieves to 
all death-row inmates, which he has done since 2015.


“We should honor the jury’s decision. We should honor the rule of law,” 
Bartolotta said. “If we don’t like the law, we should change the law. But you 
have to do it the right way.”


The Washington County lawmaker did not say whether she