March 20



INDONESIA:

Indonesian support for death penalty grows

A leading human rights advocate fears public support for the death penalty is growing in Indonesia but says the importance of good diplomatic relations between Jakarta and Canberra could help 2 Australians on death row.

Indonesia last week carried out its first execution since 2008, putting to death a Nigerian drug smuggler.

Adami Wilson was shot by firing squad in the Thousand Islands, an archipelago popular with tourists which is located off the coast of the capital Jakarta.

The development presents serious implications for two Australian drug traffickers - the Bali Nine's Myuran Sukumaran and Andrew Chan - who are awaiting a decision from Indonesian President Susilo Bambang Yudhoyono on their appeals for clemency.

But Haris Azhar, the coordinator of Indonesia's Commission for the Missing and Victims of Violence (Kontras), said on Wednesday that unlike in Adami's case, political factors and the relationship with Australia would have to be considered when it comes to Sukumaran and Chan.

"There's no political links in the international relations (between Indonesia and Nigeria)," he told the Jakarta Foreign Correspondents Club.

"But imagine ... how difficult, tough if SBY, the regime, the government put the death sentence to an Australian," he said.

"It will be hard for SBY."

He added, however, that there were worrying signs in terms of the response to last week's execution, saying that there appeared to be a groundswell of public opinion in favour of capital punishment.

There seemed to be "a big applause" when Adami was executed, he said.

"This is a signal that people support it."

Adami, 48, was caught in 2003 attempting to smuggle one kilogram of heroin into Indonesia.

Sukumaran, 31, and Chan, 29, were arrested and jailed in 2005 for their roles in an attempt to smuggle eight kilograms of heroin from Bali to Australia.

Indonesia has said another nine convicts would be executed this year.

However, Sukumaran and Chan are not on that list because their appeals for clemency remain unresolved.

(source:  The Australian)


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Hope for Australian man facing death penalty


The lawyer for an Australian man facing the death penalty for drug trafficking in Malaysia is confident his client will be acquitted.

Perth man Dominic Bird is facing a mandatory death penalty if he is convicted.

The 33-year-old was arrested in an undercover police sting in Kuala Lumpur last March.

He was allegedly carrying 167 grams of methamphetamine, which exceeds the threshold for a charge of trafficking in Malaysia.

Lawyer Mohammed Shafee said yesterday that the credibility of the police officer involved in the sting is in question because he has admitted taking money from another drug dealer.

The court is expected to rule on whether the case should proceed to a full trial next week.

(source:  ABC News)


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End the death penalty


For every parent who has lost a child to drugs, for anyone who has survived a bombing attack or lost relatives, the death penalty is a fitting punishment, though it will never bring back lost loved ones.

So when convicted drug trafficker Adam Wilson was executed last Thursday, there was hardly a murmur of regret, safe from human rights activists. All visitors and citizens are warned about bringing drugs into the country and the penalty that awaits traffickers.

The Nigerian’s execution was the first since that of the Bali bombers in 2008, with over 100 Indonesians and foreigners currently on death row.

Campaigning for the right to life of the likes of drug dealers, traffickers and terrorists gains little traction here. The majority of Muslims believe the death sentence is endorsed by Islam; also, its legal foundation in the Criminal Code is replicated in several other laws such as the 2003 Terrorism Law and the 1951 Emergency Law.

Recent reports of murders and mutilation will provide additional boosts to public support for the death penalty. Few sympathize with reports revealing the long wait on death row, reaching 20 years in a number of cases, nor even the instances of punishing people who are later proved to be innocent — these are considered exceptions, however unfortunate.

Yet with the government’s efforts to protect Indonesians abroad from the same fate, we take the view that such attempts will go nowhere as long as we uphold the death penalty. Last October Deputy Law and Human Rights Minister Denny Indrayana said 198 Indonesians were awaiting execution in various countries.

Despite protests President Susilo Bambang Yudhoyono has granted 19 of 126 pleas for clemency since he took office in 2004. While many of his reasons cited in the cases were questioned — including the commuting of the death sentence to life for a repeat narcotics offender — the government hopes to gain reciprocal treatment for our nationals on death row overseas.

Our policy on criminals cannot be seen to be contradictory as we champion the right to life of our citizens behind bars in foreign lands.

The effectiveness of the death penalty has long come under scrutiny, particularly in countries where it is still upheld. Researchers on terrorism and terrorists’ lawyers argue that the death penalty only encourages martyrdom and “a new generation of terrorists” — the wide grins of the Bali bombers are hard to forget.

More recent arrests have indicated that the terrorist network has increasingly recruited younger people from various parts of the country.

The execution of drug traffickers and terrorist leaders raise questions as to whether more valuable information could have been extracted from them regarding their networks, given that the problems have not been eradicated.

Overall, Indonesians in general do not care for those on death row. But spare a thought for our convicted citizens overseas, including domestic worker Satinah in Saudi Arabia, who was sentenced to death for murdering her employer. We have failed on a number of occasions to save our workers from death at the hands of foreign governments.

This should not be surprising, as we also still champion our legal right to take the lives of others.

(source:  Editorial, The Jakarta Post)




CANADA:

Majority of Canadians support the death penalty: poll


Most Canadians want to bring back the death penalty for murderers. A new Angus Reid poll released Wednesday, suggests that 63 % of Canadians are in favour of reinstating the death penalty.

In particular, Canadians believe capital punishment would be a determent to potential murders and that would save taxpayers the costs associated with keeping our most notorious prisoners locked-up.

Canada abolished the death penalty in 1976; 33 U.S. states still practice it and, according to Amnesty International, 57 countries around the world do.

Canadians do seem torn on the issue, however.

When the option of life imprisonment — without the possibility of parole — is introduced to the mix we seem to change our tune. When the pollster asked respondents if they support capital punishment or life in prison, the majority of those surveyed chose the latter (45 % versus 39 %.

The bottom line, I guess, is that Canadians want tougher penalties for those who commit murder.

Last year, on his website, Sun News columnist and attorney Warren Kinsella admits that he too, at one time, was a proponent of the death penalty but three years in law school changed his mind:

In my first year of law school in Calgary, in Criminal Law, our wonderful prof, Chris Levy, asked us who favoured the death penalty. Most of the hands in the classroom went up.

Here's what Prof. Levy said next: "I will ask you again in your final year."

And he did. In 1987, after three years of trying to learn the law ...Prof. Levy asked again for a show of hands. "Who favours the death penalty, now?"

And not a single hand went up.

What you learn in law school, more than anything else, is how completely flawed our system is. You learn that it is in need of continual improvement, and that it fundamentally flawed, much like the human beings who created it.

The Angus Reid poll was conducted online between March 10th and 11th, 2013 with 1,514 randomly selected Canadian adults. The margin of error is +/- 2.5 %, 19 times out of 20.

(source: Andy Radia,  Canadian Press)
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