[Deathpenalty] death penalty news----worldwide

2019-08-07 Thread Rick Halperin






August 7



IRANexecutions

5 Prisoners Executed at 1 Prison in 1 Day3 of them were identified by IHR 
sources as Mohammadreza Shokri, Yousef Zakeri and Hossein Panjeh-Maryam.




5 prisoners were hanged for murder charges at the Iranian city of Karaj’s 
Rajai-Shahr prison Wednesday.


According to IHR sources, on the morning of Wednesday, August 7, at least 5 
prisoners were hanged at Karaj city’s Rajai-Shahr prison, near Tehran. All were 
sentenced to death for murder charges.


3 of them were identified by IHR sources as Mohammadreza Shokri, Yousef Zakeri 
and Hossein Panjeh-Maryam.


None of the above-mentioned execution has been announced by Iranian media or 
officials so far.


At least 110 people were executed in Iran in the 1st half of 2019; Only 37 of 
the executions have been announced by authorities or Iranian media. Iran Human 
Rights (IHR) could confirm 73 more through its sources. IHR only reports the 
unannounced executions if it could confirm those with 2 separate credible 
sources. Therefore, the actual number of executions may be even higher than 
reported.


There is a lack of a classification of murder by degree in Iran which results 
in issuing a death sentence for any kind of murder regardless of intensity and 
intent.


(source: Iran Human Rights)








SRI LANKA:

Petition filed on legality of Bandulal’s motion on death penalty



A petition has been filed at the Supreme Court seeking a ruling that the 
Private Member’s Bill presented to the parliament by MP Bandulal Banadarigoda 
on the abolishment of the death penalty is not unconstitutional.


The Attorney General has been named the respondent of this petition file by 
Prof. C. Gunaratne from Nugegoda.


On August 01, MP Bandulal Bandarigoda tabled a Private Member’s Motion at the 
parliament containing provisions to abolish the death penalty.


The petitioner pointed out that no clause in the proposal would violate the 
Constitution of Sri Lanka.


Accordingly, the petitioner has requested the Supreme Court to grant a ruling 
that the motion could be passed by an ordinary majority in Parliament.


(soure: Adaderana.lk)








PHILIPPINES:

British accountant, 47, faces death penalty in the Philippines ‘after being 
caught with meth'




A British accountant is facing the death penalty in the Philippines after 
allegedly being caught with meth in a drugs raid.


Philip Joseph, 47, was in a flat with two locals when police burst through the 
door in Manila on May 13 at around 5pm.


Officers said they found Joseph with a woman, Josephine Olayao, 38, and Rodolfo 
del Rosario, 42, a tuk tuk rider, preparing sachets of methamphetamine, or 
shabu, as it is known locally.


Police said that Joseph, who owns the apartment, has been held in custody while 
prosecutors prepare a case against him.


He faces charges of possession and dealing, which carries a maximum punishment 
of the death sentence or a life sentence in one of the country‘s hellish 
overcrowded prisons.


A police report from the Malate district station said four pieces of 
heat-sealed transparent sachets containing suspected methamphetamine were 
seized in the raid.


It said: ‘Police identified the suspects as being involved in anti-criminality 
operations and found four sachets of shabu.


? ‘The 3 suspected were brought to the Malate police station for proper 
disposition and filing of charges.


‘They will be charged with the violation of Section 5 and section 11 Art. II of 
R.A. 9165 or the illegal Distribution and Possession of Dangerous Drugs.‘


If found guilty of possession, Joseph faces a minimum of 20 years in prison and 
a maximum life term.


Joseph had moved to the Philippines and was working in the financial sector as 
an accountant and legal collections manager.


(source: eastoncaller.com)








SINGAPORE:

Singapore’s execution of drug offenders tripled in 5 years



--Total number of executions from 2014 to 2019 is 32.

--Executions for drug offence stand at 84 percent of the total executions till 
date since 2014.


--A noticeable spike in execution numbers for drug offence occurred in 2017 and 
2018.


The number of executions (for drug offences) in the past 5 years (2014-2018) 
represented a 3-fold jump from the previous 5 year period (2007-2011) before 
the laws on mandatory death penalty for both drug and murder offences were 
reviewed in 2012-2013.


In terms of total executions, the 2014-2019 period exhibits 1.8 times more 
executions compared to the 2007-2011 period.


It is tragic that Singapore’s amended legislative framework for drug 
trafficking offences has elicited an increase in the number death sentences 
carried out. The majority, if not all, of those executed on drug offences since 
2014 were due to the failure of the Attorney General Chambers (AGC) to issue a 
"certificate of cooperation".


Without this certificate, an accused still faces the mandatory death sentence. 
Otherwise the judge could exercise the option 

[Deathpenalty] death penalty news----N.C., IND., ARIZ.

2019-08-07 Thread Rick Halperin






August 7




NORTH CAROLINA:

Appeals Court Clears Path for Death-Row Exonerees’ Lawsuit Against North 
Carolina Police Officers to Go to Trial




A federal appeals court has cleared the way for a civil lawsuit by two North 
Carolina death-row exonerees to advance to trial, rejecting a claim that police 
officers who allegedly violated their constitutional rights were immune from 
liability. On July 31, 2019, the U.S. Court of Appeals for the Fourth Circuit 
upheld a trial court ruling allowing Henry McCollum and Leon Brown to sue North 
Carolina State Bureau of Investigation (SBI) agents Leroy Allen and Kenneth 
Snead and Robeson County detectives Joel Garth Locklear and Kenneth Sealey for 
false arrest, malicious prosecution, deprivation of due process, and municipal 
liability.


McCollum and Brown, who are half-brothers, were just 19 and 15, respectively, 
when they were arrested for the rape and murder of 11-year-old Sabrina Buie. 
Both men are intellectually disabled, which made them particularly vulnerable 
to coercion and manipulation by police. In the suit—which was filed on their 
behalf in 2015, one year after they were exonerated and released from 
prison—they allege that the officers "coerced and fabricated [their] 
confessions, and then, to cover up this wrongdoing, - withheld in bad faith 
exculpatory evidence that demonstrated [McCollum and Brown’s] innocence and 
buried pieces of specific evidence indicating that' another suspect, Roscoe 
Artis, had committed the crime. The case has not yet been heard by a jury 
because of the officers’ appeal.


Shortly after McCollum and Brown instituted suit, the officers filed a motion 
to dismiss it on the basis of qualified immunity, a principle that "protects 
government officials from liability for violations of constitutional rights so 
long as they could reasonably believe that their conduct did not violate 
clearly established law." The district court rejected that argument, holding 
that, if the facts alleged in their lawsuit were true, the exonerees would be 
entitled to recover damages from the law-enforcement defendants. The Fourth 
Circuit agreed, saying "It was beyond debate at the time of the events in this 
case that [McCollum’s and Brown’s] constitutional rights not to be imprisoned 
and convicted based on coerced, falsified, and fabricated evidence or 
confessions, or to have material exculpatory evidence suppressed, were clearly 
established." The exonerees, the appeals court said were entitled to a chance 
to prove any "disputed facts" at trial.


The suit claims that the officers coerced the two men into falsely confessing. 
McCollum says that the officers told him if he signed a form, they would let 
him go home. The form was, in fact, a form waiving McCollum’s Miranda rights. 
As described by the appeals court, the officers interrogating McCollum 
allegedly "got into his face, hollered at him, - threatened him," called him 
racial epithets, and told him they would send him to the gas chamber if he 
didn’t confess. "McCollum further alleged that the officers told him to sign a 
paper that said if he could help them in the case as a witness, they would let 
him go home. McCollum signed the paper - which was actually the confession 
written out by Snead - but he did not read it and it was not read to him."


Brown provided a similar account of his interrogation and coerced confession. 
Describing Brown’s testimony at trial, the circuit court recounted that 
"Detective Locklear did not advise him of his rights, that Brown asked for his 
mother when an officer grabbed Brown’s arm, and that Brown (like McCollum) was 
told he would be taken to the gas chamber if he did not sign the rights waiver. 
Then, Brown testified that when the officers gave him a piece of paper, he 
circled ‘no’ on it. According to Brown, that ‘no’ was supposed to indicate that 
he could not help the officers." Instead, it indicated that he waived his 
rights. Of the confession that he signed, Brown said, “Detective Locklear 
drafted it and told Brown to sign it, which Brown did after an officer told him 
doing so would ensure his release. Locklear then read the confession to Brown, 
and Brown told the officers that it was not true. Like his brother, Brown was 
then placed under arrest.” The officers dispute this account of the 
interrogations and confessions.


Brown and McCollum also allege that police violated their rights because they 
"failed to investigate and withheld exculpatory evidence regarding (1) the 
similarities between the rape and murder of Buie and Artis’s rape and murder of 
Brockhart; (2) a statement by a potential eyewitness, Mary McLean Richards, 
that she saw Artis attacking Buie; and (3) the alleged coerced testimony of 
Brown and McCollum’s friend L.P. Sinclair." They say that Artis was a suspect 
before Brown and McCollum were tried. "[O]n October 5, 1984, three days before 
[Brown and McCollum’s] first trial, investigators