death penalty news
July 19, 2004
QATAR:
Russian agents could face death penalty in Qatar
The lawyers of two Russian intelligence officers who were convicted of
assassinating Chechen rebel leader Zelimkhan Yandarbiyev in Qatar on June
30, appealed the conviction. Their appeal will be heard in a Doha court on
July 21.
The Vremya Novostey newspaper comments on this case. It published an
interview with Najib Al-Nuaimi, a well-known lawyer who was Justice
Minister of Qatar in 1995-1997; currently he chairs an international
committee for the protection of Guantanamo detainees.
According to Dr. Al-Nuaimi, the Russian agents, who were sentenced to life
imprisonment, could face the death penalty now. He said there had been
examples in Qatar. The lawyer noted that court rulings should not contain
accusations against any other country. "The court should consider a
concrete crime, without going into politics. Politics must not affect the
verdict even if suspects were linked to government agencies. For the first
time in Qatar's judicial history, the verdict accuses another country,
whose citizens are suspected of a crime," Dr. Al-Nuaimi stressed.
He also said that legal proceedings against the Russians should be over by
January-February 2005. The ex-Justice Minister noted that a petition for
pardon could only be considered by the Emir of Qatar in 10 years, though
life sentence in Qatar is 25 years.
"Russia and Qatar could agree that the convicts serve their sentences in
their home country. This is possible. For example, this happens with US
citizens who were arrested in Mexico or other Latin American countries,"
Dr. Al-Nuaimi said. He added that the Emir was against the death penalty in
general.
Speaking about mistakes made in the legal proceedings, the lawyer said both
parties had made mistakes. "First, it was a mistake to arrest Qatari
sportsmen in Moscow. They were released later, but this incident had a
negative impact on the mood in Doha. Secondly, Russia itself politicized
the process. Instead of discussing legal and procedural issues, they spoke
about politics. The arrested also made mistakes. After they were arrested,
they were not immediately given an opportunity to meet with a lawyer of a
consul. They should have kept their mouths shut, and they spoke," Dr.
Al-Nuaimi said.
He said the accused had been detained in decent conditions during the
trial. According to him, they were not in a prison but in a special villa.
The lawyer does not know where the Russians will be kept after the trial,
but he said they would certainly be in a VIP prison, with a TV, air
conditioning, furniture, newspapers and even servants.
(source: Gateway2Russia.com)
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SOUTH KOREA:
Move to Abolish Death Penalty Stirs Controversy
The nation has been thrown into a fresh debate over capital punishment as a
lawmaker of the ruling Uri Party made public his plan to submit a bill to
abolish the death penalty.
A growing number of people have been opposing capital punishment, saying it
is a social murder committed by legal authorities and nobody has the right
to take another person's life.
But what about when a serial killer terrifies the nation by killing dozens
of innocent people? Can the public still claim that such a murderer's life
is precious and should be protected from the death penalty?
The latest controversy has just erupted since Uri Party lawmaker Yoo In-tae
announced the plan to abolish the death penalty last week. It is drawing
keen attention as Friday police captured murder suspect Yoo Young-chul, who
confessed to killing as many as 26 young women and elderly rich people.
By criminal laws and precedents of such murder cases, Yoo is subject to
capital punishment. Those violating one of a total of 103 clauses of laws
such as criminal law and national security law may be sentenced to the
death penalty.
People in favor of maintaining capital punishment claim that society needs
to appropriately punish those who kill others. They also argue the death
penalty prevents felonies by threatening the life of those committing a
crime may also be taken.
The Constitutional Court ruled that capital punishment is not against the
Constitution in 1996, saying it is a necessary evil. But the court added
that it should be applied to very limited cases and the nation may discuss
the issue later, even though it is not adequate to abolish the punishment
now according to current social situation.
The Supreme Court also decided in 2000 that the death penalty is
constitutional, saying it is a criminal policy applied to exceptional cases
considering people's sentiment.
A poll released by the National Human Rights Commission in March also
showed a majority of the people still think the death penalty is necessary,
while only 34.1 percent of the people agreed with abolishing the punishment.
Another poll being conducted by a portal site showed that 62.9 percent of
respondents agree with capital punishment as of Monday morning.
However, those opposing capital punishment claim the penalty, as legal
murder by a nation, is unethical and inhumane, and even the law or an
authority has no right to take a human life.
They also cite the irreversibility of the punishment as another reason for
opposing the death penalty, as it is possible a court may make a wrong
decision.
``When facing cases such as serial murder, public opinion turns from
pro-abolition of the death penalty to against it, as people tend to respond
emotionally. However, we have to raise the issue of abolishing it
especially at this time,'' Kim Hyoung-tae, lawyer of Duksu Law Offices, said.
"Cases like this highlight how our society takes life lightly. The
punishment should be abolished to change society's conception of life, to
respect life, and to develop into a civilized nation," Kim stressed.
With such moves by civic, social, and religious groups, the nation has not
executed a single one of the 58 criminals sentenced to the death penalty
during the last six and a half years.
Rep. Yoo insists those supporting the death penalty may agree on its
abolition if life imprisonment is introduced. But pros and cons of capital
punishment are expected to engage in a more heated debate.
(source: Korea Times)
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EQUATORIAL GUINEA:
Equatorial Guinea readies for Zim 69 extradition
Equatorial Guinea is preparing an extradition request for 69 alleged
mercenaries to be sent to that country for trial, the South African
Constitutional Court was told on Monday.
The court was hearing arguments why it should intervene in the trial of the
group which is facing various charges. They are currently being held in a
prison in Zimbabwe.
Advocate Francois Joubert argued before Chief Justice Arthur Chaskalson and
nine colleagues that they had the power under the South Africa's Bill of
Rights to help the 69 men.
Joubert told the court the men faced charges of conspiring to murder the
president of Equatorial Guinea and overthrowing his government.
"Our clients dread the prospect of ending up in Equatorial Guinea," Joubert
said.
"This country is in a position to apply for extradition," Joubert told the
court, arguing that such a measure would prevent Zimbabwe from handing over
the men for trial to Malabo where they could face the death penalty.
"If it emerges that they are extradited to Equatorial Guinea, they will be
at substantial risk of facing execution," said Joubert.
Joubert faced repeated questions from the judges as to where he thought
they got the power to intervene on behalf of the men by asking that they be
extradited to South Africa to face charges under the Regulation of Foreign
Military Assistance Act, or to seek assurances that the men would not be
extradited to Equatorial Guinea or face the death penalty if extradited there.
The appeal to the Constitutional Court came just two days before the 70 men
go on trial in Harare.
The 70 men, all carrying South African passports, were arrested on March 7
at Harare airport where their plane had stopped off to pick up weapons from
Zimbabwe's state arms manufacturer.
The suspected mercenaries deny the coup plotting charges and contend they
were en route to guard a diamond mine in the Democratic Republic of Congo.
(source: Sapa / AFP)
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INDONESIA:
Govt. asks Indonesia to spare Indian national's life
An Indian national, who is facing a firing squad for drug trafficking in
Indonesia is yet to receive a letter from the prosecutor's office and the
police on his execution.
Ayodhya Prasad Chaubey, who hails from Uttar Pradesh, was sentenced to
death in 1995 for trying to smuggle 12 kg of heroin into Indonesia.
Last week India had asked Indonesia to spare his life. K B Mathur,
in-charge of consular affairs at the Indian Embassy, here had reportedly
written to the Attorney General's office asking it not to execute Chaubey.
In response to plans to execute Chaubey after July 25, his lawyer
Hadinigtias said the prosecutor's office is now still coordinating with the
police on the execution of Chaubey's death penalty.
"The prosecutor's office and the police must respect and appreciate
Chaubey's appeal for clemency, and should not cram for the execution," he
was quoted as saying by the Antara news agency.
Amnesty International has also asked Indonesia to spare the life of the
Indian and also questioned whether Chaubey and others received a free trial.
(source: The Hindu)
