[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 16



GUYANA:

Man on death row for 1999 murder freed


A man who was on death row for over 3 years and in prison for just over 7
years was on Thursday set free after Senior Counsel Bernard De Santos won
an appeal before the Guyana Court of Appeal, citing misdirection to the
jury on the issue of identity by the trial judge.

Taijpaul Narine was sentenced to death by hanging in 2003 for the beating
to death of Jagmohan Dhanpaul on March 19, 1999 after they had had an
argument after a drinking spree. Narine was convicted of murdering
Dhanpaul on March 19, 1999. The prosecution's case was that Narine beat
Dhanpaul to death on the West Bank Demerara following a heated argument
they and another friend of the deceased had had at a rum shop. Narine had
threatened to injure the 2 men and, after leaving the shop the 2 men were
beaten. Dhanpaul later died from his injuries. A post-mortem report said
he died as a result of haemorrhage to the brain.

At that time, Narine's attorney at the High Court, Nigel Hughes, had
argued that since the two men were attacked from behind it was
preposterous to conclude that his client was the attacker. Narine had even
given an oral statement from the dock and the jury had returned a
unanimous verdict of guilty. Since then he had been on death row waiting
to be hanged.

The man's family retained De Santos to appeal the verdict. De Santos
appealed the case mainly on the grounds that the trial judge misdirected
the jury. He said the judge did not adequately direct the jury on the
issue of identity and that the main witness gave conflicting evidence.

Justices Ian Chang and Nandram Kissoon and Acting Chancellor of the
Judiciary Carl Singh presided over the appeal. Justice Kissoon delivered
the judgment to uphold the appeal for Narine to be released.

(source: Stabroek News)






ST. KITTS and NEVIS:

Prisoner to be hanged next week? Death sentence against Everson Mitcham to
be executed?


Unconfirmed reports indicate that Everson Blee Mitcham, will be hanged, by
the gallows, for the 2001 murder of Vernal Nisbett, sometime next week,
between 18th-22nd June. The hanging would be on the eve of the 6th
anniversary of Mitchams sentencing.

Other unconfirmed reports state that his appeal to the West Indies Court
of Appeal was turned down, clearing the way for his execution by the
gallows.

Mitcham was sentenced to death on June 26th, 2001, by Justice Davidson
Baptiste. His co-accused, Vincent Fahie and Patrice Matthew, were
sentenced to life in prison.

An appeal was launched in 2004 by the appellants Lawyer, Dr. Henry Bowne,
which called for the dropping of the murder charges and the consideration
of manslaughter.

Despite Dr. Brownes arguments, Justice Baptiste ruled that the death
sentence against Mitcham, and the life sentences against his co-accused,
stand.

After that, an appeal was launched to the West Indies Court of Appeal.

Mitcham and his co-accused tried to rob barbecue chicken vendor, Arlene
Fleming, on the top of Marshall Alley, which meets Cayon Street, on 3rd
February 2001. Vernal Nisbett tried to stop the robbery and was fired upon
and killed in the process.

This would be the 1st hanging in the Federation since 1998- the last being
that of David Wilson. Initial response to the unconfirmed reports of the
upcoming hanging have been quite phenomenal, as residents are voicing
their wariness of the recent increase in gun related crimes, which has
left 2 young men dead.

Residents are hoping that this would serve not only as a warning to
criminals that the general speculation that the Federation had stopped
hangings was false, but would also help to curb criminal activity.

"Yeah man they need to hang some of them for true because they need to
send a message to them criminals. They really getting out of hand and they
need to pay. If you do the crime, you must be able to face the
consequences, noted a resident who was visibly concerned about the
increase in criminal activity.

To date, there have been 7 murders in the Federation, for 2007.

(source: SKNVibes.com)






ITALY:

Italy To Table Pro-moratorium On Death Penalty


Marco Pannella

Member of European Parliament

Rome, 15 June 2007


Death Penalty: Italy "Absolutely" Determined To Immediately Table A
Pro-moratorium Resolution At The Current Un General Assembly, Prody Says

Death Penalty: Prime Minister Prodi announces that the Italian Government
is "absolutely" determined to immediately table at the current UN General
Assembly a pro-Moratorium Resolution in full respect of the parliamentary
mandates, responding to the international appeal of Nobel Laureates and
the political, parliamentary and nonviolent campaign of Hands Off Cain and
the Transnational Radical Party.

Emma Bonino has informed President Prodi and Minister D'Alema that France
and Spain are ready to support the Italian initiative. The Dalai Lama,
Mikhail Gorbachev and Lech Walesa have joined the over 50 Nobel Laureates
that have signed, together with former Spanish President Felipe Gonzales
and over 500 Parliamentarians, the appeal to the Italian Government.

On 14 June, in a meeting at his office in Rome, Italian President of the
Council of Ministers Romano Prodi informed Minister Emma Bonino, Marco
Pannella, MEP, and Sergio D'Elia, MP of his "absolute" determination to
table, at the current session of the UN General Assembly, a Resolution on
a Universal Moratorium on the Death Penalty with the necessary urgency
informing the EU General Affaire Committee scheduled to meet on Monday 18
June in Brussels.

Such a decision is in full respect of the various mandates of the Italian
and European Parliaments, and will be in line with the commitments
announced last 2 January. The text will fully correspond, also literally,
to the political declaration (proposed by the Italian Government) that has
already received  thanks to Italy's efforts and paternity  the formal
support of 93 UN Member States of the UN (of which only some 50 maintain
in their national legislations, and practice, the death penalty).

As a result of that, the international campaign of the Transnational
Radical Party and Hands Off Cain in support of the Italian Government has
been intensified.

1) Yesterday, under the initiative of Sergio D'Elia, MP (Radical  Rose in
the Fist) the Foreign Affaire Committee of the Italian Parliament,
mandated, for the third time, the Government to table in the next few days
the pro-Moratorium Resolution, informing the European Union but with a
list of co-sponsors from the various regional groupings within the UN.

2) On that same day, under the initiative of the President of the
Liberal-Democrats at the EP, Graham Watson (UK), and Radical MEP Marco
Cappato, all Parliamentary Groups at the European Parliament have
officially confirmed their resolve and the one of all the EP Resolutions
of last 2 February and 25 April to reach that goal.

3) At the same time, Minister Emma Bonino informed President Prodi and
Foreign Affairs Minister Massimo D'Alema, that French Minister of Foreign
Affairs Bernard Kouchner and his Spanish Colleague Miguel Angel Moratinos,
had responded to her personal appeal in a positive way ensuring their full
support to the initiative of the Italian Government and the one of the
European Parliament, against any possible "postponement" of the tabling,
and the subsequent vote, of the Resolution for a Universal Moratorium on
the Death Penalty.

4) The international political parliamentary and nonviolent campaign of
Hands Off Cain and the Transnational Radical Party continues: the dozens
of activists that have been on a hunger strike since mid April have
decided to continue until the objective is reached to support the Italian
Government.

Over 50 Nobel Laureates such as the Dalai Lama, Michail Gorbachev and Lech
Walesa have signed the appeal to President Prodi together with over 500
Parliamentarians and scores of politicians from all over the world and
opinion makers like Bernardo Bertolucci, David Grossman and Fernando
Savater.

(source: Scoop News)






CZECH REPUBLIC:

Czech Republic Backs Death Penalty


Most people in the Czech Republic are in favour of allowing capital
punishment, according to a poll by CVVM. 58 % of respondents believe the
death penalty should be legalized in the country, while 28 % disagree.

More than 1,200 people were executed between 1945 and 1990 in
Czechoslovakia. The death penalty was officially eradicated in May 1990.
When the Czech Republic was instituted in 1993, the abolition of the
capital punishment was enshrined in the new constitution.

The country's civil law system is derived from Austro-Hungarian codes,
while its criminal law has been revised to conform to Organization for
Security and Cooperation in Europe (OSCE) standards.

Last year, an Iraqi tribunal found deposed Iraqi leader Saddam Hussein
guilty of assassinating Shiite men and expelling women and children from
the northeastern Iraqi town of Dujail in 1982. Hussein was sentenced to
death and executed in Baghdad. Following the execution, Czech prime
minister Mirek Topolanek referred to the punishment as "an act of justice"
and a warning to other dictators.

Polling Data

Do you think the death penalty should be allowed in the Czech republic?

Yes----58%

No----28%

Not sure----14%

[source: CVVM]

Methodology: Interviews with 1,132 Czech adults, conducted from May 5 to
May 14, 2007. No margin of error was provided.

(source: Angus Reid Global Monitor)






INDIA:

Dr Verenkar murder case: mastermind gets death penalty


Margao, June 15 Ryan Fernandes of Porvorim was today awarded the death
penalty by the principal district and session judge, South Goa, Ms Nutan
Sardessai, in the Dr Shrikant Verenkar murder case.

Ryan was sentenced to death under Section 302 of Indian Penal Code and
ordered to pay a fine of Rs 20,000, while Francisco D Sa of Agassaim,
Rajendra Singh of Amberna-Succor and Sachin Parab of Porvorim were
sentenced to undergo life imprisonment for the said offence and to pay
fine of Rs 10,000 each or in default to undergo one month rigorous
imprisonment.

Several people including the relatives of Dr Shrikant Verenker had come to
hear the verdict of the case, which had rocked entire South Goa in the
year 2005. Dr Verenkers family members expressed happiness over the
verdict.

The accused were arrested by the sub-divisional police officer, Mr Mahesh
Gaonkar in connection with the case of hatching of criminal conspiracy
with pre-meditation, intention and abduction followed by murder.

As per the order passed by Ms Sardessai, the sentence of death passed
against Ryan Fernandes shall be subject to the confirmation by the High
Court as contained in Section 28(2) CrPC. The order further said that
death penalty shall not be executed unless it is confirmed by the High
Court under Section 366 (1) CrPC and till then Ryan shall be committed to
jail custody under a warrant.

The fine of Rs 20,000 imposed to Ryan for the offence under Section 302 of
IPC shall entail rigorous imprisonment of 2 months in default thereof and
which on recovery shall be paid to Jaimini, Sarika and the other daughter
as compensation in accordance with Section 357 of CrPC. The order said
that the fine imposed on Francisco, Rajendra and Sachin on recovery be
paid to the widow and children of the deceased Dr Verenkar.

As per order each of the accused are sentenced on conviction to undergo
rigorous imprisonment for a term of three years and to pay fine of Rs
5,000 each or in default 15 days simple imprisonment for the offence
punishable under Section 365 of IPC.

For the offence of criminal conspiracy punishable under Section 120B IPC
and fine of Rs 10,000 or in default one month rigorous imprisonment and 3
years for the offence under Section 201 of IPC and fine of Rs 5,000 or in
default to undergo 1 month imprisonment.

Francisco, Rajendra and Sachin were also sentenced to one year of rigorous
imprisonment for the offence under Section 201 of IPC and fine of Rs 2,000
each or in default to undergo 15 days imprisonment.

In a judgment running into 297 pages, Ms Sardessai observed that the
prosecution case based on circumstantial evidence more so as regards the
death of Dr Verenkar had shown that a strong grudge was nursed by Ryan in
particular against him and as Ms Sarika was refusing to return home sowing
the seeds to hatch conspiracy to eliminate him.

The order said that the multitude of circumstances borne out from the
records have been found consistent only with the guilt of the accused and
in consistent with his innocence, as also those of the other accused who
had aided Ryan in their own way in the well-laid, orchestrated and planned
conspiracy and its successful execution.

The judge further observed that Ryan in particular deserved the harsh
punishment of death penalty being the mastermind in conspiring to kill by
employing various modes including hiring of the vehicles from Porvorim
well away from the scene of the offence initially at Mangor Hill, Vasco
and thereafter at Remet Hill, Cansaulim.

The other accused Francisco, Rajendra and Sachin have played their
assigned roles in the successful execution of the conspiracy hatched by
Ryan with them. Yet at the same time they being pawns could not be treated
on par with Ryan vis-a-vis the punishment under Section 302 of IPC and to
whom the sentence of the life imprisonment would be adequate in the
factual matrix.

The order also says that the then accused Pratham being granted pardon and
the status of an approver cannot now be reverted to the status of an
accused despite his participation would send out wrong signal.

(source: The Navhind Times)