May 16
PAPUA NEW GUINEA:
O'Neill apologises for violence faced by women in PNG
The Papua New Guinea Prime Minister, Peter O'Neill, has apologised for the
violence faced by women in his country and pledged a crackdown on perpetrators
including a return to the death penalty.
More than 1000 people - mostly women - gathered in Port Moresby's Sir John
Guise Stadium for a national day of mourning, or "haus krai", over violence
against women in Papua New Guinea.
PNG has been rocked in recent months by a series of internationally condemned
attacks on women - including the burning murder of a young mother, the
beheading of a former teacher, both women had been accused of sorcery, and the
pack rape of an American academic.
Mr O'Neill said it is not acceptable in this day and age, and the Government
stands with them.
He also expressed the Governments sympathy for all the victims of violence in
communities throughout Papua New Guinea.
Mr O'Neill pledged to bring laws with tougher penalties, including the
reintroduction of the death penalty, before the nation???s Parliament in coming
weeks.
The reforms will include life without parole for rapists and tougher drug and
alcohol penalties.
(source: Radio New Zealand International)
VIETNAM:
Vietnam to produce lethal injections
Vietnam has issued a new law allowing domestically produced chemicals to be
used in lethal injections, a change that should enable it to resume the
currently stalled executions of more than 530 people on death row.
The holdup was a result of a European Union ban on its factories exporting
chemicals used in lethal injections. The ban was issued because the EU regards
capital punishment as a human rights violation.
It has left Vietnam unable to execute a prisoner since November 2011, when the
country decided to switch from firing squads to lethal injections on
humanitarian grounds.
Vietnam's old law governing executions stipulated the names of the three
chemicals produced in the EU that had to be used in lethal injection. The new
law issued this week doesn't mention the chemicals by name, meaning local
versions can be produced and used. The law will take effect on June 27.
In an interview earlier this year, European Union ambassador to Vietnam Franz
Jessen said Vietnam might not have realised the practical implications of
changing to lethal injections when it announced its plan to switch from the
firing squad. He said the EU had hoped difficulties in sourcing the chemicals
might have triggered a moratorium on the death penalty in the country.
Vietnam, a 1-party state that routinely sentences government critics to long
prison terms, is under considerable international pressure to improve its human
rights record, which most observers say has worsened over the last 2 years.
Jessen suggested that stopping executions would have earned Vietnam praise
among the international community.
"A moratorium would have been a positive sign at a time when we need positive
signs," he said.
EU factories are the main suppliers of drugs that can be used in executions.
Several American states have also said objections from European factories were
making it hard to find the chemicals.
(source: Bangkok Post)
CHINA:
Businesswoman sentenced to death
A court in the city of Wenzhou on Wednesday sentenced a businesswoman to death
for illegal fundraising activities.
The case once again triggered discussion among the public over whether the
death penalty should be applied to economic crimes.
Lin Haiyan, a 39-year-old woman from Wenzhou, Zhejiang province, received the
death sentence for illegally raising 640 million yuan ($104.1 million) and
misappropriating 428 million yuan of that sum, according to the verdict from
Wenzhou's Intermediate People's Court.
The court said this was the biggest illegal fundraising case in the city so
far.
Lin set up Wenzhou Xinfu Investment Consulting Co in May 2008, and raised money
from more than 20 investors between 2007 and 2011 by promising to offer high
returns, the court said.
However, she used all the money to buy stocks and futures, which resulted in
huge losses, it added.
The verdict said Lin illegally acted as an agent for a trading platform for
stocks and futures owned by the Hong Kong-based Quam Securities Co Ltd, without
authorization from the appropriate government departments.
From 2008 onward, Lin opened stock and future accounts under 20 different names
and use the raised funds for futures trading.
After suffering huge losses, she lied to the lenders, saying that she had
obtained profits from the futures market so that she could raise more money
from colleagues, friends and relatives, the court said.
Her behavior was exposed at the end of October 2011 when she eventually failed
to pay back investors, the verdict said.
Wenzhou was hit by a severe credit crisis after many local entrepreneurs failed
to repay their debts and fled the city due to the sudden tightening of lending
policies among State-owned banks for small and medium-sized enterprises in
September 2011.
"Lin is one of the many fundraisers who cheated too many people and failed to
repay their debts. Meanwhile, we're also seeing many other smaller illegal
fundraising cases in the city," said Zhou Dewen, chairman of the Wenzhou SME
Development Association.
Lin's verdict will now be submitted to the country's top court as required by
the Criminal Procedure Law.
(source: China Daily)
INDIA:
Right decision, wrong reason
The Narendra Modi government's decision to put on hold its earlier move to seek
the death penalty for former minister Mayaben Kodnani and Bajrang Dal leader
Babu Bajrangi may have been prompted by pressure from the sangh parivar but
that does not mean it isn't the right thing to do. The 2 were sentenced last
year to long jail terms for organising the Naroda-Patiya massacre during the
anti-Muslim pogrom of 2002 in Gujarat. Although courts in India have tended to
impose death sentences on those accused of terrorist crimes - and communal
violence is simply terrorism in another form - the trial court judge sagely
declared that ???the use of death undermines human dignity." If the view she
took was universalist, Mr. Modi's U-turn smacks of the particularist because he
is otherwise a strong and even activist advocate of the death penalty. That
Kodnani had led murderous mobs was no secret. Yet the Gujarat Chief Minister
made her a minister in 2007. Her indictment and eventual conviction were the
result of a Supreme Court-monitored investigation. The admirable administrative
skills of Mr. Modi played no role. Last month, however, in a stand that was at
least consistent with his strident advocacy of the death penalty for other
terrorists, Mr. Modi gave the nod for an appeal to the High Court seeking death
for Kodnani and Bajrangi. It is this nod towards the noose that is now being
reconsidered.
Notwithstanding the role of politics in influencing this decision, any
criticism of the Modi government's latest stand must be tempered with the view
that the death penalty is no answer to heinous crimes. The moral and social
imperative in criminal justice must always be on establishing guilt and
awarding condign punishment, the worst of which should be a life-long prison
term. Death sentences achieve little more than arithmetic equivalence. In the
case of the Gujarat riots, there has been a campaign to characterise the
violence as a "spontaneous reaction" to the Godhra train burning incident. The
strongest rebuttal of this theory lies in the Naroda-Patiya verdict of August
2012, which laid bare the existence of a conspiracy involving BJP and sangh
leaders. The Gujarat government, the Special Investigation Team and the
prosecution should focus on sustaining such convictions in the higher courts
instead of seeking the death penalty out of a misconception that only capital
punishment is complete justice. And investigators and prosecutors throughout
the country would do well to address the need to identify the culprits and
establish their guilt in all cases involving organised mob terrorism rather
than labouring for death sentences.
(source: Editorial, The Hindu)
*************************
Man gets death penalty for raping, killing minor
A 22-year-old man was today sentenced to death by a local court for raping and
murdering an 8-year-old girl.
Thane Additional Sessions Judge A A Sayeed held Shekhar Gupta guilty under
sections 376 (2)(1) of IPC and awarded life imprisonment, and section 302
(murder) of the IPC for which he has been sentenced to death.
According to the prosecution, Gupta had abducted the school girl, raped her and
murdered her to destroy evidence in December 2009.
The accused, who was married and has 2 children, worked as a contract labour
with a company in Thane city.
The victim's father, a resident of Lokmanya Nagar, told the court that on
December 24, 2009, when he returned home in the evening from work, he was told
that his daughter, a Class II student at Saint Ulai School, had not returned
till then.
When he went out in search of her, Gupta met him on the way and told him that
he had met the girl and gave her chocolate and biscuits.
The parents lodged a missing complaint with police and the next day her body
was found under a hillock.
Additional Public Prosecutor Hemlata Deshmukh said this was a rarest of the
rare case which deserved nothing less than death sentence.
The court, relying on the witnesses from the vicinity and circumstantial
evidence, held that the accused was guilty of the charges levelled against him
and sentenced him to death.
(source: Hindustan Times)
INDONESIA:
URGENT ACTION APPEAL
- From Amnesty International USA
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa12813.pdf
UA: 128/13
Issue Date: 16 May 2013
Country: Indonesia
THREE MEN TO BE EXECUTED IN INDONESIA
Three men in Indonesia are facing imminent execution, possibly as early as the
evening of 16 May.
The three have been moved to isolation cells and family members have traveled
to be close to
them.
According to a statement by the Attorney General’s Office today, Suryadi
Swabuana, Jurit bin
Abdullah, and Ibrahim bin Ujang will be executed this month. However, credible
sources suggest
the executions may take place tonight. Their families have reportedly been
informed that the
executions will take place on Nusakambangan island, Central Java, where the
three are currently
detained.
Suryadi Swabuana was convicted and sentenced to death in 1992 for the
premeditated murder of a
family in South Sumatra province. His clemency application was rejected in
2003. Jurit bin
Abdullah and Ibrahim bin Ujang were convicted and sentenced to death in 1998
for premeditated
murder they both committed in South Sumatra province in 1997. According to
their lawyers, Jurit
and Ibrahim re-filed clemency applications in 2006 and 2008 respectively, but
have not received a
reply from the President.
Death sentences in Indonesia are carried out by firing squad. The prisoner has
the choice of
standing or sitting and whether to have their eyes covered, by a blindfold or
hood. Firing squads
are made up of 12 people, three of whose rifles are loaded with live
ammunition, while the other
nine are loaded with blanks. The squad fires from a distance of between five
and 10 meters.
The Attorney General announced in March 2013 that 10 people would be executed
in 2013. The
announcement came after the first of the 10, Adami Wilson, a Malawian national,
was executed in
March 2013. There are at least 130 people under sentence of death in Indonesia.
Please write immediately in English, Indonesian or your own language:
-Calling on the authorities to halt the executions of Suryadi Swabuana, Jurit
bin Abdullah, and
Ibrahim bin Ujang immediately;
-Calling on the authorities to commute the death sentence of Suryadi Swabuana,
Jurit bin
Abdullah, and Ibrahim bin Ujang, as well as those of all other prisoners under
sentence of death;
-Urging them to establish an immediate moratorium on executions, with a view to
abolishing the
death penalty;
-Pointing out that the decision to resume executions has set Indonesia against
global trends
towards abolition of the death penalty.
PLEASE SEND APPEALS BEFORE 27 JUNE 2013 TO:
President
H.E. Susilo Bambang Yudhoyono
Istana Merdeka
Jakarta Pusat 10110
Indonesia
Fax: 011 62 21345 2685
Salutation: Your Excellency
Attorney General
Basrief Arief
Jl. Sultan Hasanuddin No. 1, Jakarta Selatan, DKI Jakarta 12160
Indonesia
Fax: 011 62 21 725 1277 (keep trying)
Salutation: Dear Attorney General
And Copies to:
National Human Rights Commission Chairperson
Siti Noor Laila
Jl. Latuharhari No. 4B, Menteng
Jakarta Pusat 10310
Indonesia
Fax: 011 62 21 392 5227
Ambassador H.E. Dr. Dino Patti Djalal
Embassy of the Republic of Indonesia
2020 Massachusetts Ave. NW, Washington DC 20036
Tel: 1 202 775 5200|Fax: 1 202 775 5365
Email: http://www.embassyofindonesia.org/contactform/contact-form.php
Please check with your section office if sending appeals after the above date.
ADDITIONAL INFORMATION
Indonesia resumed executions on 14 March 2013 after a four year hiatus, when
Adami Wilson, a
48-year-old Malawian national, was put to death for drug-trafficking. The
execution was a
shocking and regressive step after years of positive indications that Indonesia
was moving away
from the death penalty. In October 2012, after news that President Susilo
Bambang Yudhoyono
commuted the death sentence of a drug trafficker, Foreign Minister Marty
Natalegawa said the move
was part of a wider push away from the use of the death penalty in Indonesia.
Also in 2012, the
Supreme Court commuted the death sentence of a drug trafficker to 12 years’
imprisonment and the
President granted clemency for two others who had been sentenced to death for
drug trafficking.
Amnesty International recognizes the obligation and duty for governments to
protect the human
rights of victims of crime, and believes that those found responsible, after a
fair judicial
process, should be punished with a sentence that is proportionate to the crime
committed, but
without recourse to the death penalty. There is no convincing evidence that the
death penalty
deters crime any more effectively than other forms of punishment.
Amnesty International believes that the death penalty is the ultimate cruel,
inhuman and
degrading punishment, and a violation of the right to life as proclaimed in the
Universal
Declaration of Human Rights (UDHR) and the International Covenant on Civil and
Political Rights
(ICCPR), to which Indonesia is a state party. Moreover, Article 6(6) of the
ICCPR states that
“Nothing in this article shall be invoked to delay or to prevent the abolition
of capital
punishment by any State Party to the present Covenant”. The Human Rights
Committee, the body
overseeing the implementation of the ICCPR, has stated that Article 6 "refers
generally to
abolition [of the death penalty] in terms which strongly suggest... that
abolition is desirable.
The Committee concludes that all measures of abolition should be considered as
progress in the
enjoyment of the right to life”.
The then UN Commission on Human Rights, in resolution 2005/59, called upon all
states that still
maintain the death penalty “to make available to the public information with
regard to the
imposition of the death penalty and to any scheduled execution”. On 23 March
2012, the UN Human
Rights Council adopted resolution 19/ 37 on the “Rights of the child” in which
it called on
states to ensure that inmates on death row, as well as their families and legal
representatives
are provided, in advance, with adequate information about a pending execution,
its date, time and
location, to allow a last visit or communication with the convicted person.
Amnesty International opposes the death penalty unreservedly in all cases and
supports calls,
also included in four resolutions adopted by the UN General Assembly since
2007, for the
establishment of a moratorium on executions with a view to abolishing the death
penalty. At the
voting on the most recent of these resolutions in December 2012, Indonesia for
the first time
changed its vote from against to abstention. As of today 140 countries have
abolished the death
penalty in law or practice; in the Asia-Pacific region, out of 41 countries in
the Asia-Pacific
region, 17 have abolished the death penalty for all crimes, 10 are abolitionist
in practice and
one – Fiji – uses the death penalty only for exceptional military crimes.
Name: Suryadi Swabuana, Jurit bin Abdullah, and Ibrahim bin Ujang (m)
Issues: Imminent execution, Death penalty
----------------------------
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----------------------------------
END OF URGENT ACTION APPEAL
----------------------------------
***************
INDONESIA:
Human Rights Group Urges Indonesia Not to Execute 3 Criminals
Amnesty International has called for an immediate halt to the execution of
three men, expected imminently. "If the men are executed it would be a major
setback in the use of the death penalty, in a country that appeared to be
moving away from the brutal practice in recent years," said a statement from
the human rights organization obtained on Thursday night.
According to the Attorney General's Office, Suryadi Swabuana, Jurit bin
Abdullah and Ibrahim bin Ujang, are set to be executed this month.
But Amnesty International said there are indications the executions could be
carried out as soon as this evening. The 3 men are now being held in isolation
cells in the Nusakambangan Prison in Central Java, where they are due to be
executed by firing squad.
In the statement, Amnesty International said it opposes the death penalty in
all cases without exception.
"In Indonesia's case, there is no clear indication why the country has decided
to resume executions after a 4 year gap," the statement said, adding that the
period was broken on March 14 when Malawian national Adami Wilson, 48, was put
to death for drug-trafficking.
This execution - and the 3 that are imminent - appear to contradict previous
statements and actions taken by government officials, Amnesty International
said.
In October last year President Susilo Bambang Yudhoyono commuted the death
sentence of a drug trafficker. Foreign Minister Marty Natalegawa said the move
was part of a wider push away from the use of the death penalty in Indonesia.
It also runs contrary to Indonesia's efforts to seek commutations for its
nationals on death row overseas, in countries such as Saudi Arabia and
Malaysia, the human rights group said.
"More executions in Indonesia must be stopped. They call into question many of
the human rights reforms and commitments made by the Indonesian government in
recent years. Where it seemed that President Yudhoyono, who is due to step down
next year, would leave a positive legacy relating to human rights, the opposite
now appears to be the case," said Papang Hidayat, Amnesty International's
Indonesia researcher. "These developments in relation of the death penalty also
undermine the positive role Indonesia has played in Asean in promoting better
respect for human rights."
Suryadi Swabuana was convicted and sentenced to death in 1992 for the murder of
a family in South Sumatra province. His clemency application was rejected in
2003. Jurit bin Abdullah and Ibrahim bin Ujang were convicted and sentenced to
death in 1998 for murder in Musi Banyuasin district, South Sumatra.
According to their lawyers, Jurit and Ibrahim re-filed clemency applications in
2006 and 2008 respectively, but have not received a reply from the President,
the statement said.
In March, after the execution of Adami Wilson, the Attorney General announced
plans to this year execute at least 9 other people who are currently under
sentence of death.
The authorities did not reveal the names of the 9 or their execution dates.
There are at least 130 people under sentence of death in Indonesia.
Death sentences in the country are carried out by firing squad. The prisoner
has the choice of standing or sitting, and can decide whether to have their
eyes covered by a blindfold or hood. Firing squads are made up of 12 people, 3
of whose rifles are loaded with live ammunition, while the other 9 are loaded
with blanks. The squad fires from a distance of between 5 and 10 meters.
(source: Jakarta Globe)
****************
Soldier shooter accused of premeditated murder, might face death penalty
Palembang District Court prosecutors have indicted First Brig. Wijaya with
premeditated murder and therefore could face a maximum sentence of the death
penalty if proven guilty.
Prosecutor Syahri said that on Jan. 26, First Brig. Wijaya was on duty with his
colleagues at a traffic police post located at the East Baturaja intersection
when suddenly a man on motorbike drove by and screamed "crazy police" at him.
Wijaya then spontaneously went after the motorbike and shot the motorcyclist 2
times. The motorcyclist was identified as First Pvt. Heru Oktavianus and was
later pronounced dead.
"The defendant had time to reconsider before he fired the shots, but he didn't.
Therefore, there is enough reason and evidence to accuse Wijaya of premeditated
murder," prosecutor Syahri said in the first hearing held on Monday.
(source: Jakarta Post)
NORTH KOREA:
The death penalty in North Korea: in the machinery of a totalitarian State
In a report published today, "The death penalty in North Korea: in the
machinery of a totalitarian State", FIDH denounces the nature and scale of
executions in North Korea. The report concludes that the death penalty remains,
in North Korea, an essential part of the totalitarian system in place. Due to
the lack of access to North Korea for independent human rights organizations to
enter North Korea, and the difficulty to obtain any data from authorities, FIDH
sent a fact-finding mission to Seoul in December 2012 to collect first-hand
testimonies from a total of 12 North Korean asylum seekers
In the 90's, during the great famine, the regime extensively used the death
penalty in order to maintain order through force and terror and thus dissuade
any subversive act, including attempts to flee abroad. Over a thousand public
executions would have been carried out in only a few years. Since then, the
government has continued to use the death penalty on a large-scale as a
repressive tool, executing individuals guilty of so-called "economical crimes",
"treason" or other crimes vaguely defined, basically applying capital
punishment for anyone considered as disturbing public order.
"In North Korea, insignificant acts, which according to the regime affect the
State's legitimacy or ideology, including the cult of personality for the
country's leaders, can lead you to a firing squad", declared Souhayr Belhassen,
FIDH President.
Testimony
One of the persons FIDH met with witnessed the execution of a man in his
thirties by firing squad in 2003. The latter was accused of cutting electric
wires to sell them. The witness was told to attend the execution by the Party
secretary working in his factory, in order to dissuade other workers from
stealing electric wire. It happened in the South P'yong'an province, Sunchon
city.
Kim Jong-un's coming to power at the beginning of 2012 did nothing to change
the situation. On the contrary, 2 decrees, adopted in September, increased the
number of offenses carrying the death penalty. They are respectively used to
condemn to death anyone found guilty of trafficking foreign currencies or of
revealing classified information.
FIDH's report stresses that the death penalty in North Korea is not only
applied for crimes considered as non-serious under international law, but also
in clear denial of the right to a fair trial. Charges are usually fabricated
and sentences follow staged trials, if any trial at all. Public executions,
which represent an extreme form of cruel, inhuman or degrading treatment, are
widespread. Moreover, the borderline between executions resulting from the
death penalty and "extrajudicial" executions is close to nonexistent.
Testimony
Another person witnessed a women executed in a stadium in 2006 for human
trafficking and smuggling. Later, the same person saw the execution of a man
who had stolen a cow to feed his family. He was publicly executed by firing
squad in the market place.
"All states that apply the death penalty are characterized by various forms of
arbitrary, illegitimate, and illegal application. However, only in North Korea
are all of these found in every executions", said Speedy Rice, professor at
Washington & Lee University School of Law, and who took part in FIDH mission.
FIDH hopes that the United Nations Commission of Inquiry on the situation of
human rights in North Korea, whose members were nominated on May 7th, will shed
light on the application of the death penalty and exhort the international
community to place the issue of human rights at the heart of its interactions
with North Korea.
(source: FIDH)
THAILAND:
Unshackling inmates 'not enough'
International organisations have welcomed Thailand's decision to remove the leg
shackles from death row inmates, but say other forms of ill treatment still
need to be addressed.
Matilda Bogner, regional representative of the Office of the High Commissioner
for Human Rights (OHCHR) Regional Office for Southeast Asia, said death row
conditions in many countries fall far short of international norms that
prohibit cruel, inhuman or degrading treatment or punishment.
The OHCHR and the human rights mechanisms of the United Nations have regularly
expressed concern over the shackling of inmates on death row, said Ms Bogner.
The practice of shackling undermined the dignity of the judicial process by
seriously compromising the respectful treatment to which all prisoners were
entitled, the Bangkok-based diplomat said.
Thai Prime Minister Yingluck Shinawatra views shackles used on prisoners at
Bang Kwang central prison, Bangkok.
"The decision of the government of Thailand is therefore a significant
development we very much welcome. It is an important step towards the
improvement of the conditions of detention for all detainees in Thailand," said
Ms Bogner.
This, she said, illustrated Thailand's efforts to comply with its international
obligations under the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
"We are confident that the government of Thailand will take additional steps in
the near future to prevent any forms of ill-treatment," said the OHCHR regional
representative.
Somchai Homlaor, chair of Amnesty International Thailand, said shackling the
inmates was a form of torture and a violation of the 2007 constitution.
The unshackling of the first 400 inmates would be hopefully expanded to include
other detainees nationwide, and should include when they attend court hearings,
said Mr Somchai.
He also called for other integrated measures such as ending the problem of
prison overcrowding, separating detainees of different levels of offences and
stages of processing - especially those on trial and those already convicted -
and ensuring provision of additional and timely medical and public health
services inside prisons.
Amnesty International Thailand director Parinya Boonridrerthaikul said 2/3 of
the world had already abolished capital punishment. Thailand should follow that
trend by announcing an immediate moratorium on the death penalty, under the 2nd
national human rights plan of action.
Ms Parinya said the 3rd human rights master plan being drafted now should also
continue the effort to end capital punishment.
Eventually, Thailand should adopt the Second Optional Protocol to the
International Covenant on Civil and Political Rights, she said. The protocol
commits signatories to the abolition of the death penalty within their borders.
(source: Bangkok Post)
IRAN----executions
3 executed in Iran
3 people were executed in Karaj, Iran. APA reports that the prisoners were
convicted of murder.
Identities of the 2 prisoners were revealed (Hamid Shahrbari and Majid
Shikhanlu) and the other's only surname (Nasiri) was announced. The death
penalty, imposed by the lower court was fulfilled in Rajai Shahr prison of
Karaj city after it was approved by the Supreme Court of Iran early on May 15.
Amnesty International reported that 314 people were executed in Iran in 2012.
However, Iranian human rights organizations reported that 580 people were
hanged in Iran which stands second after China in Prisoner Execution List.
Generally, Iran imposes death penalty for crimes such as drug smuggling, rape,
murder and armed robbery.
According to official and non-official information, 4 people were hanged in
Kermanshah, 3 in Isfahan, 3 in Shahrud and 1 in Semnan.
(source: APA)
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