Oct. 9
SRI LANKA:
Britain hopes Lanka backs moratorium
The British Government says it hopes Sri Lanka will back a moratorium on the
use of the death penalty.
The British High Commissioner to Sri Lanka John Rankin said that in January
last year, Sri Lanka was shocked and saddened by the execution of Sri Lankan
housemaid Rizana Nafeek in Saudia Arabia.
With others, the UK had called for clemency, not least because Rizana was a
minor at the time of the alleged murder. Around the world, many wept that she
had not been shown compassion.
Later this year, the UN General Assembly will vote on the fifth resolution on a
moratorium on the use of the death penalty. The trend is clear: 2012 saw the
biggest vote yet in favour of a worldwide moratorium on executions, by 111
states.
Although Sri Lanka still has legislative provision for imposing the death
penalty, judicial executions have not been carried out since 1976.
John Rankin said he hopes that the memory of Rizana's death will help persuade
the Sri Lankan government to vote in favour of a moratorium and, eventually,
join the increasing ranks of countries that have abolished it altogether.
His comments were issued to mark the World Day Against the Death Penalty. Today
is the 14th commemoration of The World Day Against the Death Penalty.
The UK - along with fellow EU Member States - is a strong advocate for the
abolition of the death penalty.
(source: Colombo Gazette)
AFGHANISTAN:
Execution of 5 Afghans in gang rape stirs questions
The Afghan government on Wednesday executed 5 men accused of the gang rape of 4
women traveling home from a wedding in August, a case that generated national
outrage.
The execution by hanging came after weeks of public outcry, with Afghans
calling for the death penalty for the 10 men originally accused of robbing the
group of travelers and raping the women, who were returning from a wedding in
Paghman, a lake district 20 minutes from Kabul, the capital.
7 of the men, arrested less than a week after the Aug. 23 attack, were
convicted and sentenced to death. But a Sept. 7 appeal reduced the sentences
for 2 of them to up to 20 years in prison. 3 suspects remain at large.
Then-President Hamid Karzai approved and signed the execution order last month
on his last day in office, a rare such authorization in his more than
decade-long tenure, the Associated Press reported.
Speaking to The Times after the initial convictions, Saeeq Shajjan, a
Kabul-based lawyer, called the case "one of those rare instances that has
brought people from all walks of life together."
"Ordinary Afghans, civil society, politicians, senior leadership of the
government, including the presidential palace, and jihadi leaders have all
condemned this evil act," he said.
Others, however, questioned the judicial procedure that led to the executions.
Shortly after Kabul Police Chief Gen. Zahir Zahir confirmed the deaths at
Pul-e-Charkhi prison outside Kabul, Amnesty International issued a statement
saying the "execution of 5 men in Afghanistan who had been convicted of a gang
rape following a series of flawed trials is an affront to justice."
Shajjan said that though he commended the police for quick action in arresting
the seven accused, the judiciary's willingness to disclose information to
journalists, including the identities of the accused, was in contravention of
Afghan law.
Along with rape, the accused were tried on charges of impersonating police
officers and armed robbery, Shajjan said. This may have added to the pressure
on Karzai's government to act swiftly, the lawyer said.
Still, he said, "this does not mean rights guaranteed for the accused under the
constitution and other laws of Afghanistan should be violated.... Protecting
all rights of the accused does not mean that there should be any leniency
toward the accused."
Wazhma Frogh, a women's rights activist based in Kabul, said in a recent
interview that although a swift response is warranted, it has little effect on
the implementation of a law designed to eliminate violence against women,
approved by presidential decree in 2009.
"We still have so many cases of rape pending in the court, and they won't see
the same level of reaction nor judicial response," Frogh said.
Khalil Sherzad, originally from the eastern province of Nangarhar, said the
hangings put the minds of many Afghans at ease.
"I am happy. They actually should have been stoned to death, but this is still
sufficient," Sherzad said.
But Omaid Sharifi, a civil society activist based in Kabul who opposes capital
punishment, said the accused "should have been imprisoned for life.... Keeping
them in prison will force them to sit with their thoughts and truly realize
that they have done something wrong."
(source: Los Angeles Times)
UNITED KINGDOM:
NHS supplier 'risking complicity' in nine US executions
A major supplier to the NHS is at risk of becoming involved in American
executions, after Alabama altered its lethal injection 'cocktail' to include a
drug for which they are the only US supplier yet to put in place sufficient
distribution controls.
Mylan pharmaceuticals, which describes itself as a "leading developer and
supplier of generic medicines [to] wholesalers and throughout the National
Health Service," is a US Government-approved manufacturer of rocuronium
bromide, a paralysing agent which Alabama now plans to use as the 2nd part of a
3-stage lethal injection process.
The paralysing agent is a particularly concerning element of the process, as it
leaves the prisoner unable to speak or move, and therefore can mask the effects
of a botched execution, in which the anaesthetic has failed.
Mylan is the only US-approved maker of the drug which has not responded to
calls from stakeholders to put in place distribution controls to prevent its
use in executions, making it the easiest source from which Alabama will be able
to obtain it. As a result, the legal charity Reprieve has warned Mylan that it
may only be a matter of time before the state obtains their product, and uses
it to kill. The state's Attorney General's office is already seeking to set
execution dates for nine people, in the wake of the adoption of Alabama's new
lethal injection 'protocol.'
Despite being notified of the issue in October of last year, Mylan has failed
to establish controls which would ensure that their products can still reach
legitimate, medical users, but not executioners - a model which has been
successfully established by many other major pharmaceutical companies.
In a letter sent to Mylan on September 30th, Maya Foa, Director of Reprieve's
Death Penalty team warns the company that it is "is the only FDA-approved
manufacturer of rocuronium bromide which has no controls in place to prevent it
being sold and used in executions in the USA," and explains that there is
therefore "a very real risk that Mylan may soon become the go-to provider of
execution drugs for States across the country."
However, she also explains that "there are simple and effective controls that a
company like Mylan can put in place to ensure its medicines are sold for
legitimate medical purposes, and not sold to prisons for use in lethal
injection executions," adding that "Over a dozen manufacturers have put such
controls in place."
Commenting, Maya Foa said: "Mylan is the only company we have worked with which
has so far failed to take any concrete steps to prevent its medicines from
being used to end the lives of prisoners in the USA. The NHS should think
carefully about supporting a company which is apparently happy to see its
medicines used in brutal executions."
(source: ekklesia.co.uk)
BANGLADESH:
EU countries reiterate call for BD to abolish death penalty
Ambassadors of the European Union (EU) countries in Dhaka on Thursday
reiterated their call for the complete abolition of death penalty and
establishing a moratorium on executions in Bangladesh.
"The European Union reaffirms its absolute opposition to the use of the death
penalty," said a joint note issued by the envoys marking the European and the
World Day against the Death Penalty that falls on October 10.
The European Union hoped that Bangladesh, as a member of the United Nations,
would take all necessary actions to implement the UN Resolutions, and thereby
fully contribute to the enhancement of fundamental rights and human dignity in
the world.
The abolition of capital punishment constitutes a crucial step towards
guaranteeing respect for human rights and protection of human dignity, reads
the joint letter.
The diplomats recalled the United Nations General Assembly Resolution 62/149 of
18 December 2007, further reaffirmed by Resolutions 63/168 of 18 December 2008,
65/206 of 21 December 2010 and 67/176 of 20 December 2012, calling upon States
which still maintain the death penalty to abolish it completely and, in the
meantime, to establish a moratorium on executions.
Despite a global trend towards abolition of capital punishment, the number of
States which still maintain death penalty in their legal systems remains
alarming, the diplomats observed.
"The death penalty concerns everyone's right to life, which forms the most
fundamental, inherent and inalienable human right affirmed by multiple
international instruments, including the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights."
It is essential to realise that any miscarriage or failure of justice in the
exercise of death penalty is irreparable and irreversible, said the letter.
"The State, with its particular responsibility as the ultimate guarantor of all
persons' human rights, should not deprive anyone of his or her life," the
letter mentioned.
The signatories to the letter are Charge d' affaires of the Delegation of the
European Union Frederic Maduraud, Ambassador of Denmark Hanne Fugl Eskjaer,
Ambassador of France Michel Trinquier, Charge d'affaires of the Embassy of
Germany Ferdinand von Weyhe, Ambassador of Italy Giorgio Guglielmino,
Ambassador of The Netherlands Gerben de Jong, Ambassador of Spain Luis Tejada
Chacon, Charge d'affaires of the Embassy of Sweden Karin McDonald and British
high commissioner Robert Gibson.
(source: Prothrom Alo)
******************
EU appeals against death penalty
The European Union Delegation to Dhaka has once again called upon Bangladesh to
abolish the death penalty.
It made the appeal on Thursday ahead of the European and World Day against
capital punishment to be observed on Oct 10.
The EU bloc reaffirmed its total opposition to this form of punishment on the
eve of the designated days.
In a statement it also said that the abolition of capital punishment
constituted "a crucial step" towards guaranteeing respect for human rights and
protection of human dignity.
The EU is known for its global campaign to end death penalty under any
circumstances.
According to Amnesty International, 140 countries have so far done away with
capital punishment.
The European Union and the Council of Europe, however, deeply regretted in a
joint statement the recent executions in Belarus, the only European country
that sticks to this form of punishment.
They have strongly urged Belarus to commute the sentences of the 2 remaining
persons sentenced to death in 2013, and to issue a moratorium on executions as
a 1st step towards their abolition.
The EU delegation to Bangladesh said despite the global trend towards the
abolition of capital punishment, the number of states that still retain the
death penalty was "alarming".
"The State, with its particular responsibility as the ultimate guarantor of all
people's human rights, should not deprive anyone of his or her life," it said.
They mentioned the UN resolutions that called upon member States to abolish
death penalty completely and establish a moratorium on executions.
"The European Union hopes that Bangladesh, as a member of the UN, will take all
necessary actions to implement the UN resolutions and thereby fully contribute
to the enhancement of fundamental rights and human dignity in the world".
The EU makes the call to Bangladesh every year before the anti-death penalty
day.
(source: bdnews24.com)
MALAYSIA:
Auxiliary cop also charged with trafficking in heroin
A couple and an auxiliary police personnel were among 4 people charged at the
Sessions Court here with possessing an array of firearms.
Car wash owner S. Kalaivanan, 27, his wife S. Prema, 24, and K. Prabhagaran,
39, together with resort worker A. Sasitharan, 24, claimed trial to possessing
an assortment of guns together with ammunition.
All 4, who are facing 7 charges among them, pleaded not guilty before Sessions
Court judge Salawati Djambari.
In the 1st charge, Prabhagaran was alleged to have had 2 rifles, an offence
under Section 8 of the Firearms Act (Heavier Penalty) 1971, at the Muniandy
Temple in REM Estate at around 1.20am on Sept 16.
He was also charged with possessing 156 live bullets at the same place and
time, an offence under Section 33 of the Firearms Act 1960. Prabhagaran was
also alleged to have trafficked 900g of heroin at the same time and place under
Section 39B(1)(A) of the Dangerous Drugs Act 1952 that carries a mandatory
death sentence upon conviction.
Kalaivanan and his wife were charged with possessing two pistols and a rifle
along Jalan Tay Kia Hong for weapons trading on Sept 15 at around 8.15pm.
They were charged under Section 7 of the Firearms Act (Heavier Penalty) 1971
read together with Section 34 of the Penal Code, which carries a mandatory
death sentence or life imprisonment and not more than 6 strokes of the cane
upon conviction.
The couple was also alleged to be in possession of 353 live bullets at the same
place and time.
Sasitharan was charged with possessing two pistols near a temple along Jalan
Sawit in Taman Kota Besar here at around 7.30pm on Sept 18.
He was alleged to be in possession of 25 bullets at the same time and place.
No bail was offered to all 4 accused. Judge Salawati set Nov 9 for mention of
the case.
Deputy public prosecutor Natassa Zaini prosecuted the case and lawyer Nor
Shahid Abdul Malik represented Prabhagaran while the other 3 accused were not
represented.
(source: The Star)
*******************
Reforming death penalty laws
There has not been much progress since the June 2011 meeting apart from the
Attorney-General's commitment to review the death penalty following the
framework of Universal Periodic Review (UPR) of the United Nations Human Rights
Council (UNHRC).
Tomorrow, 10th October 2014, is the World Day Against the Death Penalty.
The 12th World Day Against the Death Penalty focuses on "drawing attention to
people with mental health problems who are at risk of a death sentence or
execution."
While opposing the death penalty absolutely, abolitionists are also committed
to see existing international human rights standards implemented. Among these
is the requirement that persons with mental illness or intellectual
disabilities should not face the death penalty.
The death penalty is a controversial subject in most societies. The most
important argument against the death penalty is that it is irreversible upon
execution of a person, even if found innocent much later.
In Malaysia, a Parliamentary Roundtable was held in June 2011 which reached the
view that there should be 1) moratorium of execution upon a thorough review of
the death penalty; and 2) an immediate end to mandatory death sentences by
returning discretion to the judges.
There has not been much progress since the June 2011 meeting apart from the
Attorney-General's commitment to review the death penalty following the
framework of Universal Periodic Review (UPR) of the United Nations Human Rights
Council (UNHRC).
One aspect that requires attention is that relating to mandatory death
sentences for drug offences. I would like to refer to a parliamentary reply by
the Home Minister in reply to my question in March 2011.
The reply shows that out of the total number of executed inmates between 1960
and 2011, 51 percent or 228 out of 441 persons were convicted for drug
offences. Meanwhile, of the inmates on death row as of 2011, 67 % or 479 out of
696 persons were convicted under drug offences.
It is alarming that when I next received another parliamentary reply in June
2013, there were already 964 death row inmates, compared to 696 in February
2011. This is a whopping increase of 38 %. From what I understand, most of the
new death row inmates were convicted of drug offences.
Such an increase of new death row inmates just shows that the death penalty
fails to deter the occurrence of crime in the first place.
Many of those convicted under drug offences are drug mules who are very young.
This category of offenders should be distinguished from hardened drug
traffickers.
Singapore has recently amended its law to allow drug mules on death row who
cooperate with the prosecution to be re-sentenced. Thus far, 2 Malaysians, Yong
Vui Kong and Cheong Chun Yin, have been given a 2nd chance.
On the occasion of the World Day Against the Death Penalty, I call on the
Malaysian Government to commit to the following:
--to impose a moratorium on executions pending a thorough review of the death
penalty;
--to return discretion to the judges by removing the mandatory death penalty;
and,
--to improve the prison conditions of death row inmates.
(source: Liew Chin Tong is the National Director of Political Education of DAP
and MP for Kluang----Free Malaysia Today)
TAIWAN:
Taiwan's justice minister voices support for the death penalty to be repealed
Justice Minister Luo Ying-shay yesterday voiced her support for repealing the
death penalty in Taiwan, roughly 6 months after 5 death-row inmates were
executed after she assumed her post.
Luo made the remarks in an interview before the Legislature reviewed the
Ministry of Justice's (MOJ) national budget yesterday. As a government
official, one should listen to the public's opinion instead of acting on one's
own opinions, Luo said. "But as a Buddhist, I hope that ultimately the death
penalty will be repealed in Taiwan."
The calls to repeal the death penalty have always been loud, but public surveys
show that 76 to 80 % of people continue to support the death penalty. The
minority's voice has grown louder while the majority's is not being heard, and
the MOJ is at a stalemate as it is expected to amend the law," said Luo.
After Tseng Wen-chin, who stabbed a child to death in a video arcade in 2012,
was handed a life sentence instead of death penalty in both his 1st and 2nd
verdicts, the controversy of whether the death penalty should be repealed was
once again brought into the limelight.
Tseng claimed that he killed because he knew "one will not be put to death for
killing 1 or 2 people in Taiwan," and that at the most he would face a lifetime
behind bars with a full belly. Public uproar followed after the 2nd ruling, as
Tseng was still allowed to live as he had a "lower than normal IQ and that
there is still room for reform," according to the presiding judge.
Death Penalties Carried Out Despite Buddhist Beliefs
Luo drew criticism from anti-death-penalty groups for ordering her 1st batch of
executions in April. The MOJ reported that inmates were anaesthetized before
being shot, with another 47 waiting on death row. Defending the European
Union's express of "regret" over the 5 executions, the MOJ stated that the
inmates were "cold-blooded, cruel and devoid of conscience; leaving the
families of the victims in unbelievable pain."
"I regret the latest set of 5 executions which took place in Taiwan on 29 April
2014," Catherine Ashton, the High Representative of the EU for Foreign Affairs
said after the executions.
Taiwan resumed carrying out executions in 2010 after a 5-year pause. There were
4 executions in 2010, 5 in 2011 and 6 in both 2012 and 2013.
(source: asiaone.com)
SINGAPORE:
Death penalty decision guided by moral aims
I refer to the letter "Crucial to substantiate deterrent effects of death
penalty" (Oct 6).
The task of sentencing in criminal cases demands from the judge the exercise of
moral judgment concomitant with the law. He must strike a balance between
competing claims, with all the discretion and perplexities involved.
Legal philosopher HLA Hart called it the problems of the penumbra. He argued
that the rationality of such legal arguments and decisions must lie in "a point
of intersection between law and morals".
The right to sanctity of life, which the letter writer asserts, lies within
these boundaries and must be seen vis-a-vis the harm of drug trafficking and
its consequences on society.
And any intelligent decision involving the death penalty is guided, however
uncertainly, by moral aims, said Hart.
Ultimately, 2 questions must be answered: Will the taking of a life by a
sanction of law violate the right of that person? And is the right of the
majority (society) to a life free of drug abuse above that of the trafficker
who intentionally, for money, creates addiction and death?
Dudley Au
(source: Letter to the Editor, Todayonline.com)
_______________________________________________
DeathPenalty mailing list
[email protected]
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/[email protected]/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
