July 8
CHINA:
China Rethinks the Death Penalty
Last month, China's Supreme People's Court overturned the death sentence of a
woman who brutally killed and dismembered her husband. The landmark decision to
send the high-profile case back to a provincial court was yet another sign that
the country's embrace of the death penalty is loosening.
China is believed to execute more people each year than the rest of the world
combined, and 43-year-old Li Yan initially seemed a likely candidate for death
row. In 2010, she beat her husband to death with an air gun, chopped him into
pieces and boiled his body parts. But police photos and a medical report backed
up Ms. Li's claims that her husband had abused her - stubbing out cigarettes on
her body, banging her head against the wall and threatening her with the air
gun. The Supreme Court determined, rightly, that these circumstances justified
a retrial.
China is putting the brakes on the death penalty. According to Liu Renwen, a
legal scholar at the Chinese Academy of Social Sciences, between 2007 and 2011
the annual number of executions in China fell by half. Many violent offenders
are now given so-called suspended death sentences, which are invariably
downgraded later to life in prison. Such restraint has drawn broad public
support.
How does a country that harvests and allegedly sells the organs of executed
prisoners begin to lean toward more humane alternatives to the death penalty?
Like most of the world, China allowed the death penalty for much of its
history, along with an array of other harsh punishments that included at
various times servitude, tattooing and castration. But beginning in the Han
Dynasty (206 B.C.-220 A.D.), Confucian scholars emphasized a humanitarian
approach to justice. The purpose of punishment, they argued, was to morally
rehabilitate offenders and restore social harmony, not to secure revenge.
One crucial precept was chuli ruxing - that only when gentler means fail should
punishment be used. While brutal executions certainly occurred, for centuries
emperors regularly intervened to issue acts of da she, or great mercy, by
pardoning offenders entirely. Some went further. In the 8th century, Emperor
Xuanzong briefly abolished the death penalty, making China one of the few
feudal countries to do so.
By late imperial times, Chinese execution practices were moderate compared with
those in Europe. During the Qing dynasty (1644-1911), imperial edicts suggest
that China largely avoided the carnival-like killings then common in France,
Germany and Britain. Public executions were solemn, orderly events, with guards
discouraging rowdy spectators.
That changed drastically when Mao Zedong came to power in 1949. Using the death
penalty as a political tool, he introduced bloody punitive campaigns in which
suspects were rounded up en masse and summarily killed. From 1950 to 1953,
during the campaign to suppress counterrevolutionaries, the regime executed
more than 710,000 political foes. State-condoned killings spiked again during
the Cultural Revolution (1966-1976), and later during the "strike hard"
campaigns initiated under Deng Xiaoping.
Rather than turn away onlookers, Mao encouraged them. Ignoring the humanitarian
threads in Chinese culture, he avowed in 1951 that executions often "assuage
the people's anger." Leaders who followed him made similar arguments.
Today, executions in China more often stoke anger than quell it. A 2007-2008
survey of nearly 4,500 people in three provinces funded by the European
Commission found that only 58 % supported the death penalty - compared with
nearly 60 % in the United States. Perhaps most revealing, respondents to the
survey were aware of the death penalty's uneven implementation. 69 % believed,
accurately, that poor offenders were more likely to be put to death than
wealthy ones, while 60 % thought that innocent people might be wrongfully
convicted. Indeed, the Chinese press has been trumpeting wrongful convictions -
such as that of a Henan Province man convicted of murder whose supposed victim
turned up alive in 2010.
Other surveys suggest that support for the death penalty is higher among
Chinese legal and political elites than the general public. Still, these groups
have heeded calls from the people for change. Outcry over wrongful convictions
has challenged the legitimacy of China's judiciary at the very moment that the
country has been trying to project an image of having a more modern and just
legal system.
Interviews conducted by criminologists suggest that international criticism has
had an impact as well. In 1977, a mere 16 countries had abolished the death
penalty; today 140 countries - over 2/3 of the world's nations - have done so
in law or practice. Chinese legal scholars and judges are fully aware of their
country's role as the outlier.
In 2006 a group of reform-minded justices began formally advocating moderation
in punishment. Led by Xiao Yang, then the Supreme People's Court chief justice,
they pushed the maxim "kill fewer, kill cautiously." The following year, the
high court began reviewing all capital cases, creating a strong disincentive
for lower courts to hand out death sentences. The substitution in many cases of
suspended death sentences - which in practice means offenders spend about 25
years in prison - was the result.
The shift met resistance from hard-liners who warned of a spike in crime. But
pandemonium did not ensue. Some criminologists now argue that the harsh
campaigns of the past in fact sparked violent crime, by making criminals
reluctant to leave witnesses behind.
Chinese police continue to carry out punitive campaigns. But arrests made
during such operations no longer automatically mean death. Even Chen Jun, a
migrant worker convicted in a prominent 2008 case of stabbing the Canadian
model Diana O'Brien more than 20 times, was given a suspended death sentence.
The stabbing happened a mere month before the Beijing Olympics, as the police
were cracking down on crimes big and small. Interviews I conducted over the
past year with former police investigators, Mr. Chen's family and Ms. O'Brien's
mother reveal that, in his case, the authorities were eager to show restraint.
Instead of retributive justice, his trial suggested an emphasis on reparation
and societal harmony.
China's penal practices are far from enlightened. Even if Mr. Liu's assertion
of halving executions is true, China still executes about 3,000 people a year,
according to the Dui Hua Foundation, compared with 39 in the United States in
2013.
But even a preliminary drop in executions is encouraging, allowing people like
Li Yan a real shot at justice. Chinese judges and policy makers should continue
to heed public calls for restraint. Perhaps, with time, they might even return
to China's benevolent roots.
(source: Mara Hvistendahl is a founding member of the writers' cooperative Deca
and the author of "And The City Swallowed Them" -- Op-Ed, New York Times)
ETHIOPIA:
Ethiopian-British opposition chief faces death penalty
An Ethiopian opposition leader with British citizenship faces the death
sentence after being extradited to Addis Ababa, Human Rights Watch said Monday,
urging the government to ensure his safety.
HRW said Andargachew Tsige, the secretary general of the outlawed Ginbot 7
group, had been "unlawfully deported by Yemen" back to Ethiopia.
"Yemen blatantly violated its international legal obligations by deporting
someone to Ethiopia who not only is at serious risk of torture, but also faces
the death sentence after being tried in absentia," HRW deputy Africa director
Leslie Lefkow said.
Ethiopia has not said where Andargachew is, but his supporters and HRW -
quoting "credible sources" - said he is in Ethiopian custody.
Andargachew, an Ethiopian-born British citizen, was arrested in June while
transiting through Yemen's Sanaa airport to Eritrea, according to a statement
from Ginbot 7.
According to HRW, Andargachew faces the death sentence from convictions in 2
separate trials in absentia in 2009 and 2012.
An Ethiopian government spokesman last week said Andargachew was a "criminal"
who will "have his day in court."
"Ethiopia needs to demonstrate that it is holding Andargachew in accordance
with its international obligations, and he should be allowed immediate access
to a lawyer, his family, and to British consular officials," Lefkow added.
Britain's Foreign Office said last week that it was investigating reports
Andargachew was in Ethiopia and said it had "deep concerns" about the case.
The US-based Ginbot 7 is considered a terrorist organisation under Ethiopian
law, and in 2012 several people were convicted for having links to the group,
including journalist Eskinder Nega.
The party -- founded by Addis Ababa's former mayor, Berhanu Nega -- says it is
fighting for democracy in Ethiopia and calls for the violent overthrow of the
ruling party.
Its name commemorated the Ethiopian calendar date -- May 15 in the Gregorian
calendar -- when post-election violence in 2005 left over 200 people dead.
Several people were convicted under Ethiopia's anti-terrorism legislation in
2012 for having links to the group, including journalist Eskinder Nega and
opposition leader Andualem Arage.
(source: Global Post)
UNITED ARAB EMIRATES:
Special FNC session to discuss terror law
People convicted of terrorism could soon face the death sentence or life in
jail under a draft law to be discussed by the FNC in a special session on July
21.
The draft was sent to the FNC by the Cabinet before the last session in June,
so there was no time to debate it then, Ahmed Al Zaabi (Sharjah), head of the
legislative and legal affairs committee, said on Monday.
The committee has already met twice and will be holding several more meetings
before the extraordinary session, for which FNC members will reconvene in the
middle of the summer break.
"Today the issue of terrorism is important and the old 2004 law does not cover
all the fields," Mr Al Zaabi said.
A draft copy of the legislation outlines some of the penalties. It says anyone
convicted of attacking or endangering the life of the President, Vice President
or any of the Rulers and their families could face the death sentence.
Anyone who starts, runs or manages a secret organisation faces a death penalty
or life sentence.
Those found guilty of stating their opposition to the Government face at least
10 years in jail, while those who commit any act that threatens the security or
safety of the country, or attempts a coup, will face death or a life sentence.
The draft law is also expected to confront human trafficking and kidnapping,
financing and campaigning for terror groups.
Those convicted of kidnapping a person or holding them hostage for a terrorist
purpose will be jailed for life or no less than 7 years, depending on the
severity of the case.
"Human trafficking was not included in the crimes of terrorism [in the old
law]," said Mr Al Zaabi. "The new law will be a deterrent.
"There are organisations that are well known but there are some that are
unknown, so we hope this law covers all of these things."
Under the terrorism part of the legislation, anyone who knows about a plot to
destabilise the country but does not report it to authorities faces 10 years in
jail.
Mr Al Zaabi said terrorism was constantly evolving and laws must keep pace with
it.
If someone is convicted of hijacking an airliner or ship, they face life in
jail.
This becomes a death sentence if it results in the injury or death of a person,
or if the hijacker resists rescuers by force.
Anyone found guilty of reporting a non-existent terror plot faces a minimum of
5 years, if the intention was to engender panic and terror among the public.
Those who carry around mock explosives or bombs in public will be sentenced to
a minimum of 5 years in prison.
"In 10 years, new methods of terrorism came up and the methods to deal with
them are different," said Mr Al Zaabi. "We hope the law sees light soon."
The bill will be debated by the FNC, then sent to the Cabinet for
consideration. It will then require the approval of the President, Sheikh
Khalifa, before it becomes law.
(source: The National)
EGYPT:
180 sentenced to death in June alone
Some 180 people were sentenced to death in Egypt in June, according to a report
issued by the Egyptian Observatory of Rights and Freedoms.
The monthly report spoke of the court rulings issued against the opponents of
the current regime in Egypt under the heading "unfair rulings, justice
lacking".
The report pointed out that the total number of convictions during June alone
exceeded 1,700 people, 941 of whom were given prison sentences, 760 were
acquitted, and 180 were given the death penalty.
In total those found guilty were given sentences amount to 5,319 years in
prison, while bail payments reached 294,000 Egyptian pounds ($41,000), in
addition to the more than 5 million Egyptian pounds ($0.7 million) in fines.
Since the ouster of President Mohamed Morsi, security services have arrested
thousands of Muslim Brotherhood members and opponents of the coup, mostly
during peaceful protests.
Some 682 pro-Morsi demonstrators were given the death penalty including the
Supreme Guide of the Muslim Brotherhood, Mohammed Badie.
(source: Middle East Monitor)
THAILAND:
Death penalty suggested in cases of rape and murder
Facebook users have set up an online group proposing the death penalty against
those responsible for committing rape and murder. The page now boasts at least
6,000 members online.
The group has received wide support after a rape-murder case was reported on
July 6th, in which a 13 year-old girl was raped by a 22 year-old man while she
was on the train from Surat Thani to Bangkok. Authorities found her body in a
patch of grass in an area located near Pranburi Forest Park. The suspect
confessed that he was high on drugs and caught her during the moment she was
alone from her parents. He then raped her twice before throwing her off the
train, killing her instantly.
Needless to say, the case has sparked serious outrage in the society and among
the online community. Members of the group are set to stage a rally at Park
Paragon on July 12 at 11:00 am.
By advocating the death penalty, the group hopes to prevent such a tragic
incident from repeating itself in future. The admin of the group also posted a
slogan saying: "Even 1 voice can make a difference in changing the law."
Members of the group are also set to wear black grieving over the loss of the
young girl and have invited others to join their movement as well.
(source: Thai News)
INDIA:
Constitution Bench to decide validity of death sentence
A 5-judge Constitution Bench of the Supreme Court will examine the validity of
the death sentence affirmed by a 2-judge Bench on the 3 accused -
Nedunchezhian, Ravindran and Muniappan - in the Dharmapuri bus burning incident
in which 3 college girls were killed.
A Bench of Justices T.S. Thakur and Adarh Kumar Goel referred the writ petition
filed by Muniappan and 2 others for adjudication by a Constitution Bench which
is to take up for hearing from tomorrow a batch of petitions on this issue.
The Supreme Court in January 2011 acting on this writ petition stayed the
execution of the three when it was pleaded that a petition seeking review of
the August 30, 2010 judgment was still pending disposal.
The case relates to the death of 3 students - Kokilavani, Gayathri and
Hemalatha - of the Tamil Nadu Agricultural University, Coimbatore. The bus in
which they were travelling along with 44 other students and 2 teachers was
torched on February 2, 2000, after the conviction of AIADMK leader Jayalalithaa
in a criminal case. The Supreme Court had expressed shock at the brutality of
the incident and upheld the death sentence.
Appearing for the convicts, senior counsel K.K. Venugopal submitted that the
review petitions were still pending. One of the grounds taken in the writ
petition was that all review petitions filed in death sentence cases should be
heard in open court (normally they are heard in judge's chamber) with oral
arguments and if necessary the Supreme Court Rules, 1966, should be amended to
bring about that change.
He also drew the Law Commission's recommendation that all death penalty matters
in the Supreme Court should be heard by a Bench of 5 judges, by amending the
relevant Rules.
He said if the 5-Judge Bench were to conclude that the death penalty confirmed
by the 2 judges was wrong, the August 2010 verdict would be set aside and the
matter would be reheard by 5 judges. Hence he pleaded for posting it before a
Constitution Bench, which was seized of the issue.
The Bench, while tagging the petition filed by Muniappan and 2 others to be
listed for hearing by a Constitution Bench, also directed that petitions filed
by death row convicts B.A. Umesh and Sunder (both involved in multiple murders)
be tagged with those petitions.
(source: The Hindu)
******************
Supreme Court gets 3 new judges----With the new judges, the working strength of
the Supreme Court increased to 27 judges including the CJI, leaving 4
vacancies.
Chief Justice of India R M Lodha on Monday administered oath to senior advocate
R F Nariman and Justices Adarsh Goel and Arun Misra as judges of the Supreme
Court in the packed CJI's court room.
With the new judges, the working strength of the Supreme Court increased to 27
judges including the CJI, leaving 4 vacancies.
On the 1st day in office in Supreme Court, most new judges elevated from high
courts maintain a studied silence, learning the procedures and absorbing the
atmosphere. Not Justice Nariman who is familiar with the Supreme Court, which
had suo motu designated him a senior advocate 22 years ago.
The 58-year-old Nariman, the illustrious Fali S Nariman's son, was part of the
bench comprising CJI Lodha and Justice Kurian Joseph, and was not one to
maintain silence during the proceedings. He questioned counsel for parties
every now and then and drew a huge crowd of advocates all through the day.
Justice Nariman will soon find himself in the thick of judicial action. He has
been drafted into a 5-judge constitution bench which will on Tuesday start
hearing important matters including the Centre's challenge to Tamil Nadu
government's decision to release 7 life convicts in Rajiv Gandhi assassination
case and pleas for commutation of death penalty to life imprisonment by death
row convict in the Red Fort attack case Mohd Asfaq and Mumbai serial blast case
condemned prisoner Yakub Memon.
Justice Misra, 59, was part of the law faculty in Jiwaji University, Gwalior
from 1986 to 1996. He was appointed an additional judge in Madhya Pradesh High
Court on October 25, 1999 and was made a permanent judge on October 24, 2001.
He was appointed chief justice of Rajasthan High Court on November 26, 2010 and
was transferred to Calcutta HC as CJ on December 14, 2012.
Justice Goel, 61, was designated senior advocate by the SC in 1999 and was
appointed a judge of Punjab and Haryana High Court 2 years later. He was
appointed chief justice of Gauhati High Court on December 20, 2011 and was
transferred to Orissa High Court as CJ on October 12 last year.
(source: The Times of India)
NIGERIA:
Before you defile that minor...think of the executioner
The ongoing national confab came hard on society's pedophiles who engage in the
defilement of minors, saying they should be made to pay the supreme price for
their action. VERA ONANA and PAUL OMOROGBE sample opinions on the issue.
In many climes, minors form a major percentage of the population of the
vulnerable. They are held in protective garbs, treated with watchful alertness.
Despite such considerations, they have become largely targeted by those
considered to be society's perverts. With the rising trend of the rape of
minors, the statistics is disturbing.
Many lauded delegates at the ongoing national confab when they recommended
death sentence to those found to have raped minors just as it recommended a
life sentence to other rapists. There was a unanimous agreement when the
recommendation was made at the conference.
In many parts of the world, the age of consent is regarded as that point of
functional or mental age. Various statutory terms are employed depending on the
part of the world. Whether it is tagged sexual assault, rape of a child,
unlawful carnal knowledge, unlawful sex with a minor, or corruption of a minor,
the damage on the victim cannot be overemphasised.
The rationale behind statutory rape laws are based on the premise that until a
person reaches a certain age, that individual is largely incapable of agreeing
to sexual intercourse. In the Netherlands, the law stipulates that a person,
who commits sexual penetration with someone younger than 12 years, will be
punished with prison up to 12 years or a fine up to that of the 5th category.
In South Africa, the constitution criminalises acts of sexual penetration with
a child; exploitation of children in prostitution; showing pornography to
children and compelling children to witness sexual acts.
While the laws vary from country to country, many are quick to support the
stand by the national confab, just as others condemned it.
Death penalty for defilers of minors is uncalled for - Bishop
For Bishop Kayode Williams, condemning convicted rapists of minors to death is
extreme. According to him, "That is not what we sent the confab delegates to
do. The death penalty for a rapist of a minor is wrong. We should be able to
reduce sentencing people to death. Of course, I am not in support of the rape
of minors, yet we must learn not to end lives. Why can't these people be given
another chance? What is wrong in that? It is wrong. It is not the best."
Many governors are reluctant to sign death warrants - Lawyer
Barrister Sunday Akinpelu of Bola Ige and Co. Chambers, said that, according to
the law, the penalty for rape was life imprisonment whether the victim was a
minor or an adult. He noted that under the law, consent could not be said to be
obtained from a minor to commit such act, because minors were not recognised to
be capable of giving such consent, even if they did agree. Therefore he said,
"I do not see anything bad in the recommendation that death sentence be given
to rapists whose victims were minors because that offence should be totally
condemned in the society. I won't say it is too much for such an offence."
However, when confronted with the news that there was a campaign against death
penalty, and that community service should be granted instead, he seemed to
have a rethink saying that it was possible that the offenders would have a
change of heart. He also noted that because of the fact that many governors
refuse to sign the papers for the execution of convicts, such that the
offenders would be left on death row for years, he said it might be preferable
to serve rapists life imprisonment in place of the death sentence.
Death penalty is not effective - former NBA chairman
For former chairman, Barrister Tob Kekemeke of the Jos chapter of the Nigerian
Bar Association, death penalty has no place. "While the United Nations is
declaring that the death penalty has no place in the 21st century, we are busy
expanding the frontiers of offences that will attract death penalty."
"I am aware that such prescriptions are directed at dealing with the rape
epidemic, I think death penalty has never been an effective deterrent to the
commission of crimes. If it had been, armed robbery and other allied offences
that attract the death sentence would have reduced. We should understand the
sociology of crimes and deploy actions be they executive and legislative in
that understanding. Dry letters and stipulations in statutes do not absolutely
direct human conduct and behaviour. I am pro life."
Many pedophiles have conduct disorders - Professor Ehigie
The Head of Department of Psychology, University of Ibadan, Professor Benjamin
Ehigie also speaking on the same issue, said "To terminate one's life is
something that is challenging though it might look desirable for such act. But
inasmuch as psychologists believe they can administer psychotherapy in helping
any individual with any negative conduct, I would say that life should be
terminated if there are no options available for helping that individual. But
most of them are challenged people that have conduct disorders, and if they
have conduct disorders, such disorders can be restored to normal behavior
through psychological therapy.
"So I would rather be of the opinion that terminating life would not be the
best solution. I believe they could be helped psychologically to come out of
it."
"For life imprisonment, I believe the individual can still be helped while in
the prison through corrective means. That is why we have psychologists in the
prisons whose work is to administer corrective means through psychotherapy to
ensure that good behavior is restored."
'Life imprisonment is preferable'
In his reaction, Kimi Bayode, a lawyer, argued that "I think the death penalty
and life imprisonment penalty in both cases is extreme so long as the message
is passed about the consequences of such act, something less harsh will do the
trick of instilling fear into the minds of potential perpetrators. At any rate,
I think that life imprisonment is a better alternative."
'No amount of therapy can undo the damage'
Omisola Gbonju, however, told Nigerian Tribune that either life imprisonment or
death penalty or both would be appropriate. "I think both penalties are
perfect. Let us face it; the memory of these dreadful events can never be
erased no matter the sessions of therapy the child goes through. It is a
devastating experience. If I were in that confab, I will rather suggest that
the perpetrators be castrated first before they face life imprisonment of death
penalty as the case might be," she said.
'I wish there was something worse than death for offenders'
Another who simply identified himself as Dayo stated that "Death penalty is
okay. If there was something worse, they should get that. Let us rid the world
of the menace of paedophiles."
'Rape or defilement is usually difficult to prove'
Another lawyer, Joshua Opakemiyentimi, stated that it would always be difficult
to prove rape or such defilements. "Death penalty, life imprisonment, both are
fantastic penalties. What greater punishment is there for such a callous act?
However, as an afterthought, I think the life imprisonment is a better verdict.
Rape is a very difficult crime to proof. The burden of proof lies stricto censo
to the person who is alleging rape. Death penalty is a little bit too much on
the extreme. What if the person was framed? I think that the life imprisonment
verdict is better.
'Either slow or fast, death is what an offender deserves'
For Taiwo Fadare, "It is very good. I support the national confab 100 %. I
think it is one of the best things they have come up with. In fact, I would
suggest that the culprits be publicly disgraced first before facing death.
Either slow or fast, death is what they deserve."
'Don't kill the offenders'
Cyril Uwem, however, argued on the contrary, saying that the death penalty was
extreme. "No, I do not support the death penalty at all. Life imprisonment
sounds great but a death sentence is like a short-cut for the rapist. Death
will come too quickly and that way, he will not understand the enormity of his
crime. I would rather want to see the rapist suffer on earth and die slowly.
Maybe corporal punishment for years that is what they call satire. A public
show of shame. Even death is too good for such an evil."
'Imprisonment without option of parole is better'
Speaking on the same issue, a barrister and lecturer at the Obafemi Awolowo
University, Adedoyin Akinsulore, stated that "This is a very sentimental issue
I must confess, but I will try to be as objective as I can. Rape is bad,
whether on a minor or the matured but most definitely. Though, I feel its
impact on a minor will be much more intense but that is debatable and a
different ball game entirely. My own idea is this. If the death immediately
serves as a cause of death, then death penalty will be just like "dessert" or
an "appetizer". Life imprisonment with hard labor should serve better and this
should come without an option for parole until over 25 years of incarceration."
Ekedum Frank told Nigerian Tribune that "Death penalty is too harsh. What if
the perpetrator was mentally unstable at the time or even under a spell? Life
imprisonment seems like a better option."
'God should be judge'
For Sandra Akingbala, "The world's understanding of justice is not the same as
God's. Instead of being killed, they should rather be punished. There are many
things people go through in life that are worse than death itself."
While the debate rages, many are hopeful that the recommendation becomes law.
(source: Nigerian Tribune)
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