Jan. 18
PHILIPPINES:
Spanish lawyers plead for Paco
* Amicus curiae ("friend of the court") briefs submitted through defense
lawyers come from Barcelona Bar Association, Basque Bar Council, and Bar
Association of Madrid
* Groups ask for review of death sentence imposed on Francisco Juan "Paco"
Larraaga, a Spanish citizen, one of the 7 sentenced to die for the
rape-murder of Chiong sisters in 1997, saying they wish to assert the
rights of Paco to a fair trial and due process under "international law
standards"
* Thelma Chiong, mother of the victims, says she is confident the death
sentence will be upheld
The fight to save Francisco Juan "Paco" Larraaga has reached Spain, as
lawyers groups there asked for a review of the death sentence on the scion
of a prominent Cebuano family.
Spains embassy in Manila has forwarded to the Supreme Court 3 letters from
different bar associations "to assert the rights of their citizen to a
fair trial and due process of law."
Larraaga, 1 of the 7 convicts in the rape-murder of the Chiong sisters in
Cebu, is a Spanish citizen, according to the letters.
In a 6-page plea, Larraaga defense counsels Felicitas Aquino-Arroyo and
Sandra Coronel asked the court to consider the amicus curiae briefs filed
by the Barcelona Bar Association, the Basque Bar Council and the Bar
Association of Madrid.
Spanish Consul Emilio de Leon earlier informed Larraaga that he had
attempted to submit the documents to the Supreme Court via diplomatic
channels, but he failed.
Thelma Chiong, the mother of the Chiong sisters, will be flying to Manila
today to check with the High Tribunal the developments on the case and to
get a copy of the request of the 3 bar associations in Spain.
In February 2004, the Supreme Court decided to impose the death penalty on
6 of the 7 men convicted of kidnapping and serious illegal detention, with
homicide and rape, of Marijoy Chiong.
Marijoy and her elder sister Jacqueline were together when they were
grabbed from an uptown mall last July 16, 1997.
Jacqueline has not been found, but 2 days after the sisters were reported
missing, the body of a young woman was found in a ravine in Carcar, Cebu,
which the Chiong family said was that of Marijoy.
Citizenship
Their mother also questioned yesterday Larra-agas Spanish citizenship
because his application for a visa at the height of the investigation of
the case was allegedly denied.
"But whatever country - Spain, Belgium, Germany - I am not afraid because
the law is on our side," said Chiong, also national vice president of the
Crusade Against Violence.
In an en banc decision, the Supreme Court had raised the penalty imposed
by the late RTC Judge Martin Ocampo, from double terms of 20 to 40 years
in prison on the 7 men to death penalty on 6 of them and 32 to 57 years on
the 7th accused.
Fair trial
"The submitting organizations wish to assert the rights of their citizen
to a fair trial and due process of law, invoking international law and
international law standards, and in keeping with their general stand
against the death penalty," the Spanish lawyers said.
"With the greatest respect for the law and judicial system of the
Philippines, the Barcelona Bar Association wishes to state its deep
concern at the sentencing to death of a Spanish citizen in the said
country, not only on account of the profound conviction that the death
penalty is not a civilized response to crime, but also because in view of
the documentation provided, irreparable harm could be caused," a portion
of the amicis briefs said.
The lawyers said that if the evidence were to be reviewed, "a breach of
procedural safeguards could be found, which would invalidate the
proceedings."
"The execution of a Spanish citizen would be in breach of the principle of
reciprocity applicable in the filed of international criminal law. If a
Spanish court had found the accused guilty, it would, in no event, have
imposed the death penalty, neither on a Spanish nor a Philippine citizen,
nor could he have been extradited without the firm undertaking of the
requesting state not to impose or carry out the death penalty," they
added.
The European Union, Spain included, has ratified the international
instruments against the death penalty.
In Cebu, business leader Miguel Juan del Gallego is on a mission to free
Larraaga from death.
Larraaga, Josman Aznar, Rowen Adlawan, Alberto Cao, Ariel Balansag and
James Anthony Uy are now in death row.
The 7th accused, James Andrew Uy, who was only 16 during the kidnapping
and rape of the Chiong sisters will be spared.
The court treated as separate cases the kidnapping and serious illegal
detention with homicide and rape of Marijoy and the kidnapping and serious
illegal detention of Jacqueline.
(source: Sun Star)
INDIA----new death sentence
Man gets death sentence for murder
A man in Orissa was sentenced to death for the murder of 2 people over a
dispute in the coastal district of Jajpur, 115 km from here, police said
Tuesday.
The additional district and sessions judge of Jajpur Monday pronounced the
verdict that 40-year-old Niranjan Jena will be hanged to death for killing
Kashinath Ghadei and his 24-year-old son Prabhat Ghadei in Nahana village
Sep 16, 2000, police said.
However the court has not announced the date of execution and Jena can
move the higher court against the sentence, a police official said.
(source: Indo-Asian News Service)
THAILAND:
Thai jail plans death-row webcam
A prison in the Thai capital, Bangkok, is planning to broadcast inmates'
daily lives, as well as their final moments before execution, live on the
internet.
Rights group Amnesty International has criticised the plan, which prison
officials say will deter criminals.
A spokesman for the Bangkwang prison said the scheme will highlight the
risks of drug dealing, which carries the death sentence in Thailand.
Almost 1,000 of Bangkwang's 6,000 inmates are on death row.
Thai authorities have mounted an aggressive campaign against drugs in
recent years.
Thousands of people suspected of drugs offences have been killed during
the crackdown, sparking criticism from human rights groups.
'Bangkok Hilton'
Amnesty International described the prison webcam plan as an infringement
of human rights and called upon the Thai authorities to review it.
No date has yet been set for broadcasts from the Bangkwang prison,
nicknamed the "Bangkok Hilton" by Westerners, but cameras are said to have
already been installed.
Prison spokesman Nathee Chitsawang told the Associated Press news agency
that the internet "will show how we treat convicts in their last minutes,
including the preparation process".
But, he said, viewers will only see snippets of the final moments leading
up to an execution.
(source: BBC News)
NEW ZEALAND:
Buchanan calling for death penalty
Rangitikei Mayor Bob Buchanan says the killer of Marton beneficiary Mona
Morriss should get the same treatment.
He is calling for the death penalty to be reinstated.
Mrs Morriss, 83, died of stab wounds on January 3 or 4 and suffered other
injuries.
A police homicide squad of 35 has yet to catch the killer.
Mr Buchanan began to say an appropriate sentence would be taking the
person's life in a humane fashion, but stopped midway through his comments
yesterday.
"Perhaps we don't need to take it in a humane way. The person who took her
life could be meted out some of the treatment meted out to Mrs Morriss.
"The world says a life for a life doesn't solve things.
.But if you know you will lose your life by committing a crime, I suspect
you wouldn't want to do it."
Speaking a day after police revealed there was a sexual element to the
crime, Mr Buchanan said Marton people are reflecting on a distasteful and
shocking death.
"A lot of people have been saying how disgusting it must have been for Mrs
Morriss. The lady was harmless."
Mr Buchanan can't explain why Mrs Morriss was targeted, but said yesterday
that he hopes the police will be able to.
Mrs Morriss was killed in a block of flats at 393 Wellington Road, not far
from the middle of town.
"It's hard to do much in the flat area without someone noticing. Why would
you pick a place like that?" Mr Buchanan said.
"Perhaps it was a bit more planned, but why would you plan to kill Mrs
Morriss? There's no reason I can think of."
Mr Buchanan said he is confident police will catch the killer.
Detective Senior Sergeant Mike Arnerich has handled several high-profile
cases and is leading an excellent team of investigators, Mr Buchanan said.
He urged people to come forward with information and said somebody must
have seen the killer. Nothing should be discounted.
"It may be something important to the police. Anything that is remotely
relevant could help the police piece the whole thing together."
******************
Last NZ hanging botched
The last hanging in New Zealand was nearly 48 years ago - and the
condemned man may have died in agony.
On February 18, 1957, Walter James Bolton of Wanganui was hanged for
killing his wife, Beatrice.
It was not a successful execution, apparently. Bolton reportedly didn't
die straight away and may have been left hanging alive for 3 hours.
An article in Investigate magazine in 2001 quotes the medical officer of
the time, Harry Shaw, as saying the hangman miscalculated the drop.
"The man's neck was not broken. He writhed for some time. Death was not
instant."
The article says all but the last moments were witnessed by journalists,
prison officers, police and ministers. The prison padre Father Downey
"suffered a heart attack and 3 newspaper reporters were sick".
The 68-year-old Bolton was charged with murder on September 22, 1956.
His wife had been sick with an unexplained illness for a long time and
died on July 11, 1956.
Traces of arsenic was found in Mrs Bolton's body and a packet of the stuff
was found in Bolton's car shed.
The jury took less than 2 hours to find Bolton guilty, despite the defence
arguing traces of arsenic could have accidently leaked into the water
supply.
Capital punishment was abolished in New Zealand in 1961.
***********************
Should the death sentence be brought in?
Marton townsfolk are backing Mayor Bob Buchanan's call to bring back
capital punishment. The Manawatu Standard yesterday asked shoppers on
Broadway, Marton, if they backed Mr Buchanan's call. All those questioned,
more than we had room to print, supported bringing back capital
punishment.
Gwen Bolton, 86, pensioner (Marton). I've thought for a long time that
anyone who has killed should be killed themselves."
Ron Howes, 49, beneficiary (Wanganui) "They can commit 6 murders and still
get a light sentence so I support the death sentence."
Sye Maangi, 50, unemployed (Marton) "If you murder you should be murdered
yourself or maybe cut their fingers off and they wouldn't do it again."
Don Chapman, 70, retired farmer (Marton) "Absolutely the death penalty
should be brought back. I'm sick of all these murders. There's no
deterrent these days."
Buddy Edwards, 11, schoolgirl (Marton) "You're not supposed to murder in
the first place - it's their own fault (if they are executed)."
Lyn Sutherland, 49 sales rep (Feilding) "A life for a life. The sentences
are not long enough."
(source for all: Manawatu Standard)
YEMEN:
Yemen denies execution reports
Yemen denied Tuesday press reports about the execution of 12 army officers
for spying for Israel's intelligence service, the Mossad.
An official source who requested anonymity told UPI the reports were
"fabricated."
The Jordanian daily al-Majd reported Yemeni President Ali Abdullah Saleh
ordered the execution of 12 officers accused of providing classified
information to Mossad.
(source: United Press International)
VIETNAM----new death sentence
A teenager has been sentenced to death in Vietnam for murdering an elderly
woman during a robbery.
Thai Anh Tu, 19, was found guilty at a mobile court, of cutting the throat
of Duong Thi Toan, 72, last October, to steal her jewellery.
An accomplice, Ngo Van Nam, 18, was also given an 18 year prison sentence.
They were arrested just a few hours after the crime.
Mobile courts are occasionally used when there is overwhelming evidence
suggesting the accused are guilty.
But, international human rights groups have criticised the practice saying
defendants do not receive a fair trial.
(source: Radio Australia News)
