Nov. 5
VIETNAM:
Vietnam may reduce number of offenses punishable by death
Vietnam will consider reducing the number of offenses punishable by death
due to an international "trend of humanization and democracy,"
state-controlled media reported Friday.
Vietnam should consider dropping capital punishment for economic crimes
and others that are not capital offenses in other countries, the Tuoi Tre
(Youth) newspaper quoted Justice Minister Uong Chu Luu as saying.
"With the trend of humanization and democracy, I think it's time to review
the articles to see whether (we) can still ensure the fight against crimes
without terminating the lives of those who committed economic crimes and
some other crimes," Luu said in the article.
The communist country carried out the death penalty by firing squad.
In 1999, Vietnam's National Assembly reduced the number of capital
offenses to 29 from 44, but economic crimes such as fraud and
counterfeiting remained on the list.
About 100 people are sentenced to death to Vietnam each year for crimes
ranging from treason and corruption to drug trafficking and child rape.
Earlier this year, Vietnam declared statistics about the number of people
condemned to death a top state secret, amid criticism from international
human rights groups about the country's number of executions.
Last month, Prime Minister Phan Van Khai instructed the ministries of
justice, public security and others to find an alternative to firing
squads as an execution method.
(source: Associated Press)
ZAMBIA:
Supreme Court Upholds Guard's Death Sentence
The Supreme Court has upheld the decision of the High Court to sentence a
security guard to death.
Felix Chima, 30, had appealed against his conviction and sentence by the
High Court for the murder of Willy Strak on September 25, 2000 in
Chingola.
According to the evidence, Mr Strak was, on the same day supposed to leave
for Lusaka with his workmates, but when they went to pick him up, Chima,
who was guarding the house told them that he was under instruction not to
open the gate for anyone.
Chima later told the Mr Strak's workmates that he had gone out with a
Zambian girlfriend.
The court heard that on the same day, the owner of the security firm Chima
was working for went to the house, where she discovered blood on Strak's
car and in the garage in what appeared like an attempt by someone to wash
the blood stains away.
Chima was later picked up by police whom he led to a manhole where Mr
Strak's body was found covered in white plastic bags and a string tied
round the neck.
The body also had cuts on the hand, forehead and back.
In delivering judgment Supreme Court Justice, Peter Chitengi, with Chief
Justice Enerst Sakala and Justice Lombe Chibesakunda said there was no
merit in Chima's appeal.
Justice Chitengi said even though there was no direct link that Chima
murdered Mr Strak, the trail of blood and the body being found in a
manhole in the premises of the house linked Chima to the death.
The court said Chima was the last one to see Mr Strak and that he was
found with K280,000 in blood-stained notes.
The court dismissed Chima's defence that he knew nothing about the
killing.
"There is no merit in the appeal against conviction and sentence and
therefore the appeal is dismissed," Justice Chitengi said.
And the Supreme Court acquitted two men who were sentenced to death for
murder.
In delivering judgment, deputy Chief Justice, David Lewanika acquitted
Prince Mugala, 48 and Simon Bwanga, 36 who had appealed against their
conviction and sentence.
Justice Lewanika said it would be unsafe to maintain the convictions
because the evidence against the two was circumstantial.
"It would be unsafe to maintain the convictions and therefore the appeal
is allowed and the 2 are acquitted," Justice Lewanika said.
(source: The Times of Zambia)
NIGERIA:
Death Penalty: Options for the Government -- Study Group
Heightening fears that the innocent are increasingly being victims of
hangmen and execution squads provoked a debate on the desirability of
abolishing the death penalty from the country's statute books. The
movement for the abolishment of death penalty received the support of
President Olusegun Obasanjo when he assumed office following his
arraignment and subsequent conviction by late General Sani Abacha for coup
plotting.
The need to know the opinion of the public on whether or not to abolish
the death penalty forced the government to set up the national study group
on death penalty November 13,2003. The government was also mindful of the
pro-abolishment stance of most Western countries. The task before the
study group was to collate the opinions of members of the public and
prepare an advisory opinion to guide the federal government on whether or
not death penalty should be abolished.
After public sittings in the East, North, South-south and Lagos, the group
recommended investment in the justice system, moratorium on death penalty,
sentences of all inmates on death row whose appeals have been concluded
should be commuted to life imprisonment.
Delivering y the report to the Justice Minister Chief Akinlolu Olujinmi
(SAN) on October 22, Professor Oluyemisi Bamgbose who headed the study
group said "the study group found that there was no consensus on a
singular opinion among the faith groups in Nigeria on the issue of death
penalty.
It was also obvious to the study group that it will be misleading to
conclude that a particular religion has a fixed opinion on the death
penalty discourse. The study group specifically found variations in the
inter-relation of specific provisions of religious documents and teaching
even among adherents of the same religious faith."
She said that the group discovered a high level of cynicism among justice
sector stakeholders on the ability and political will on the part of the
federal government of Nigeria to undertake the necessary far reaching
reforms that is required in the administration of justice.
Summary of our findings and conclusion
The main issues that dominated discussions in the course of our public
sittings as well as the memorandum received were overwhelming concerns
about crime, safety, security and religion.It was the perception of
participating government agencies and the public that crime has increased
throughout Nigeria. It is obvious that this perception of high crime rate
has caused widespread feelings of fear and insecurity. For example all of
the Study Group's public sitting was dominated by testimonies of armed
robbery, murder and car theft.
Women and children were severally mentioned as being particularly
vulnerable. Noteworthy is also the feeling that the Police were losing the
fight against crime. Many of the participants blamed the high crime rate
on the inefficiency of the criminal justice system which does not act as a
deterrent to crime. Related to this was the severally stated criticism
about the way the criminal justice system treats victims of crime,
especially when they are women or children. Majority of those who
participated in the Study Group's public sittings were of the opinion that
the justice system had marginalized victims and that it does not respond
to their needs but those of the offenders. In general the Study Group
found that the death penalty was widely seen as a solution to the widely
perceived failure of the criminal justice system. The other major issue
was that of religion.
The Study Group received representations mainly from representatives of
the Christian and Moslem faith. The Study Group regrets the limited
representation from African Traditional institutions. It should be said
from the onset that many of the adherents of a particular faith were of
the strong opinion that the whole debate of death penalty including the
establishment of the study group were aimed at undermining that faith.
Such feelings were particularly extreme in one of the Study Group's public
sitting. Members of the group had to endure verbal abuse and threats for
the duration of that sitting. It must be said that the Federal Government
of Nigeria need to take concrete and practical steps to assure Nigerians
that the discourse on death penalty and criminal justice reform in general
was not aimed at undermining any particular faith but was aimed at
facilitating a process of justice sector reforms.
Findings on the global situation on death penalty:
The Study Group found that to different extents, a total of 133 countries
or territories, have decided to give up the practice of death penalty. Of
these, 81 have abolished the death penalty completely; 14 have abolished
it for ordinary crimes; only 1 country and that is Russia, as a member of
the Council of Europe is committed to abolish it.and meanwhile on
moratorium on executions; 5 are observing moratoriums and 32 countries are
de facto abolitionist, not having carried out executions for at least 10
years. Countries that retain the death penalty are 63 in number. In 2003,
29 retentionists carried out executions.
These countries accounted for at least 5,525 executions, or 98.7% of the
world total of executions in 2003. China, carried out at least 5,000, or
89.3% of the executions that took place during 2003. Iran was responsible
for at least 154 executions. Iraq, up to April 9 when US Central Command
Chief, General Tommy Franks suspended the death penalty - as the US-led
coalition invaded the country and toppled Saddam Hussein's regime- had
executed at least 113 people. Vietnam carried out 69 executicns; Saudi
Arabia 52; Kazakhstan at least 19; Pakistan at least 18; Singapore at
least 14; and Sudan at least 13.
Many of these countries do not issue official statistics on the practice
of the death penalty therefore the number of executions may be much hgher.
In some countries, executions are completely covert, and news of them do
not even filter through to the local media. 2 cases in point are North
Korea and Syria.
Recommended Policy Options for the Federal Government of Nigeria
1.Investment in the Justice System:
The Administration of Justice system inherited from several years of
military rule poses serious challenges for the new democratic government
The Nigerian Criminal Justice System has frequently been described as
ineffective, unjust and repressive. The reason for this include the
colonial legacy of repression on which the institution was founded, poor
working conditions, inadequate training and motivation, manipulation of
the agencies by successive governments in the country to silence
opposition.
Specifically the police are generally seen as corrupt, repressive and
ineffective. The prisons are staffed by poorly paid, inadequately
motivated and insufficiently trained officials. Judicial officers
particularly of the lower court are generally overworked, underpaid and
lack the necessary court infrastructure and equipment to enable them work
efficiently. In addition, many of the systems and processes inherited by
Ministries of Justice have largely led to inefficiency and
ineffectiveness. The old framework for justice and the laws of Nigeria
have to be transformed to reflect the demands of a democratic society.
This widely held perception of the failure of the criminal justice system
places a responsibility on the Federal Government to rethink its current
investment in the justice system and decide whether it is adequate or not.
The Study Group is of the opinion that the National Economic Empowerment
Strategy {NEEDS } provides a platform for the Federal government to think
of justice as a sector in the same way as health, education and
agriculture. There is the need for a clear national policy on justice
sector reform.
This should set out the official version of the reform objectives and
commitment to specific reforms necessary to realize that vision. The broad
parameters for such a policy can presently be found in the Attorney'
s-General Agenda for Justice Sector Reform in Nigeria. It is important
that a key part of this policy must be a National Crime Prevention
Strategy which will include concrete measures for redesigning and
strengthening the criminal justice system. This strategy should
essentially promote a victim-centric approach to crime prevention where
the onus is on the government to deliver a crime prevention approach that
place the rights and needs of victims of crime at the centre of the
strategy. Specifically there is the need to:
a.improve the access of dis-empowered groups to the criminal system,
including women, children and victims in general;
b.redesign the criminal justice system to empower victims;
c.provide a greater and more meaningful role for victims in the criminal
justice system;
d.improve the service delivered by the criminal justice process to victims
of crime; and
e.deal with the damage caused by criminal acts by providing remedial
interventions for victims. It is the submission of the Study Group that an
enhanced investment in the justice sector that includes victim
compensation and support will go a long way in restoring the confidence of
the citizenry in the criminal justice system and attitude to offenders.
2. Inmates on Death Row: The attention of the Study Group has been drawn
to the issue of inmates on death row in Nigerian Prisons. The Study Group
notes that there are presently about 500 inmates on death row in Nigerian
prisons. The Study Group is concerned about the deplorable condition under
which these inmates are imprisoned. The Study Group further notes that the
average period spent on death row by prison inmates is between 10-15
years. We note that many of these persons have been diagnosed for various
mental ailments. The study group recommends that the sentences of all
inmates presently on death row whose appeals have been concluded should be
commuted to life imprisonment.
3. Moratorium on death penalty "A system that would take a life must first
give justice."
This statement captures the sentiments embodied in the Study Group's
recommendation for an official moratorium on executions until the Nigerian
Criminal Justice System can ensure fundamental fairness and due process in
capital cases and minimize the risk that innocent people will be executed.
The call for an official moratorium on all executions is borne out of the
conviction that the Federal Government can no longer ignore the systemic
problems that long have existed in the criminal justice system. Them
problems have been compounded by limited funding of criminal justice
agencies, inadequate training of personnel and inadequate legal aid
scheme. We found that one of the most intractable problems in death
penalty administration in Nigeria is the severe lack of competent and
adequately compensated counsel for indigent defendants and death row
inmates seeking appeals. The limited funding and mandate of the legal aid
scheme has seriously undermined the support system for lawyers taking such
complex and demanding cases. As a result, the shortage of competent
lawyers for persons facing capital punishment offences has never been
greater. It is particularly noteworthy and of concern that the Legal Aid
Council presently to a large extent does not provide legal assistance and
advise for persons facing capital offences. The direct consequence of this
is the fact that inmates who are on death row in Nigeria's prisons are
almost exclusively poor.
In summary it is our opinion that there is much disturbing evidence with
the current criminal justice system that Nigerians cannot rely on it to
produce results that are either fair or accurate. It is our view that
although there may be a wide disparity of views on death penalty, there is
almost universal consensus that persons who are defacto vulnerable should
not be executed. In this regard the Study Group finds it necessary to
clarify the moratorium option within the context of Shariah law.
Islam is a religion that does not confine itself to the preaching of faith
alone. It considers essential to create and preach a system and a
discipline embodying those principles in life-both individual and
collective, in all its spheres social economic, political and legal. Thus
its Shariah law stands for equality and social justice to humanity. It
stands for ending all tyranny and economic evils and restoration of social
justice.
As far as Shariah is concerned human societies must have 3 basic
objectives to be achieved. The first being to maintain a system of
religious practices and prayer so that the ordinance or ordainments and
tenets enjoined by Allah on his servants could be accepted and put into
practice'; secondly, to maintain an appropriate level of prosperity of the
members of those societies and to keep the economic balance in order; and
thirdly to establish such condition and environment where-in virtue and
goodness may breed and prosper, while vice and evil will subside and be
eliminated (Q.xx 11:41)
Punishments and Application of Moratorium : In order to eliminate evils in
human societies, such as robbery, adultery and fornication, false
accusation of adultery and wine drinking, theft etc, the Almighty Allah
express commandments par excellence and the fixed punishments to deal with
these evils. These punishments are not enforced anyhow, rather they are
surrounded by stringent conditions, and for example theft has the
following conditions; before the amputation is carried out.
1.The quantum of the property stolen out of the safe and protected custody
or place be proved by confession or the evidence in court of at least two
truthful persons free from major sins, after full scrutiny and proper
cross examination and the full satisfaction of the court, and on the
complain of the person whose property has been stolen.
2.The property stolen must have a money value.
3.The object must be marked by the seal of the possessor.
4.The thief must not have a share or a quasi-ownership on the property.
5.The thief must not be economically hard-pressed.
6.It must be proved without the slightest doubt.
However, in a situation where an element of doubt remains, the punishment
cannot be inflicted, because of the well-known Hadith, which reads thus:
"Stop inflicting punishment when the slightest of doubts exist"
Furthermore, when the thief is economically hard pressed or is in great
need, the punishment should not be inflicted upon him. It was reported
that some companions of the glorious prophet (S.A.W.) used to give room
for freeing tk suspected person in great need, as was the case with Abu
Hurairah, Abu Al Darda'I, Uthman Ibn Affan, Abu Bakar and Umar Ibn Khattab
(R.A.) when they understood the sign of need was apparent from his face.
It was reported that" 'An accused' slave girl w~ brought before Abu
al-Darda'I, and he said to her; did you commit theft? He ordered her to
say no, when she complied, he set her free" Likewise, when a man was
brought before Umar, when he realized the sign from his face, Umar asked
him' "Did you commit theft"? Say no! Umar commanded him. When he complied
Umar (R.A.) released him. Similar acts were narrated from the
above-mentioned companions (see - Nail al-awtar).
Specifically, during the reign of caliph Umar Ibn Khattab (R.A.) he
applied moratorium on hudud punishments due to famine which afflicted the
Muslim community. These are some of the conditions that must be fulfilled
before the punishment is inflicted.
It has been a distinct honour and privilege to have been asked to preside
over and participate in this process which we hope will contribute to the
much needed reforms in our criminal justice system. We want to say thank
you to the President Commander in Chief of the Federal Republic of
Nigeria, Chief Olusegun Obasanjo GCFR, for having appointed us to this
task.
We owe a great debt of gratitude to the Attorney- General & Minister of
Justice of the Federal Republic of Nigeria, Chief Akinlolu Olujinmi, SAN
who has been readily accessible and has provided invaluable support and
guidance to the Study Group.
We also want to express our appreciation to the National Human Rights
Commission and the various government agencies specifically the Nigerian
Police, the Nigerian Prisons Service and Legal Aid Council at the
national, zonal and state levels.
We are grateful for the outstanding contributions of the various faith
communities, non-governmental organizations (NGOs) local and international
and other organizations of civil society, so many of whom have facilitated
our work at different levels and in all kinds of ways.
We have been fortunate that the media, both print and electronic, have
helped to publicize the Study Group and its work. We are particularly
grateful for the work of African Independent Television (AlT) and the
Vanguard Newspaper which constantly provided media coverage for the work
of the group.
We must express our gratitude to all those persons who participated in the
public sittings of the group. Their invaluable contributions made our work
a lot easier.
We are grateful, too, for the support we have received from the
international community in reading materials as well as institutional
support. We are particularly grateful to the British High Commission that
supported tic cost of all our public sittings.
I want to pay a very warm tribute to all my colleagues, members of the
Study Group for their cooperation and assiduousness during the period of
the study. It will be fair to single out for special mention the
Secretary, Olawale Fapohunda.
(source: Eze Anaba, The Vanguard)
***************
Nigeria to review law on death penalty next year
The Nigerian government said here Thursday it would take a definite
position on the nation's death penalty act next year with a view to
abolish or retain the controversial capital punishment in the judicial
system.
"It would involve public debate to enable Nigerians to express their views
on the controversial subject," said Ignatius Ayua, director general of the
Federal Ministry of Justice.
Nigeria is among 63 countries that are yet to abolish the death penalty in
criminal jurisprudence. The country is considering abolishing the act to
save the innocent from death in cases of misapplication of justice and
also give proven criminals a 2nd chance for repentance.
On Nov. 13 last year, the nation set up a committee called the National
Study Group (NSG) to look into the merits and demerits of retaining or
abolition of the act.
According to Ayua, the NSG has recommended gradual phasing out of the
death penalty but also says the government has to consult with wide
segments of the people before it takes a final position on it next year.
According to the NSG report, 133 countries or territories of the world
have decided to give up the practice of death penalty, out of which 81
have abolished the act completely while 14 have abolished it for ordinary
crimes.
Nigeria may join those that have abolished the act by next year,the
director general said, stressing that there was need to review the
nation's justice system particularly the area related to death penalty as
it had been tampered with by successive military governments that ended in
1999.
"We have to make our justice system less repressive," said Ayua.
(source: Xinhuanet)
