July 14
PHILIPPINES/MALAYSIA:
PH seeks pardon for Filipino couple sentenced to death for drug trafficking in
Sabah
The Philippine government has continued to ask for pardon for the Filipino
couple sentenced to death for drug trafficking in Sabah in 2006.
In a news release, the Philippine embassy in Kuala Lumpur said it continues to
lend assistance to the couple and send letters of appeal to request for their
early release on humanitarian grounds.
It made this clarification in light of the call made by the Ong family for
government assistance on the case.
Timhar and Nurie Ong were arrested in August 2005 for drug trafficking, as the
couple was found with 333.66 grams of methamphetamines (shabu) hidden in a
shoebox during a raid undertaken in a hotel in Kota Kinabalu they were staying.
The couple claimed that the prohibited drugs were left with them by a Filipina
they met at the airport.
"Upon affirmation of the guilty verdict by the Federal Court, Malaysia's
highest court, letters of appeal for the grant of clemency or pardon were sent
to the relevant authorities," the Philippine embassy in Kuala Lumpur said.
In September 2010, President Benigno S. Aquino III sent a letter of appeal to
the Agong (Malaysian King) and to Prime Minister Datuk Seri Najib Tun Razak.
This was followed by another letter of appeal sent to the Governor of Sabah by
Ambassador J. Eduardo Malaya in 2012.
Those appeals are currently under consideration by the Sabah Pardon Board,
which is chaired by the Governor of Sabah. The grant of clemency or pardon is
purely discretionary on the part of the Pardon Board, and in most cases, given
only after lengthy imprisonment.
The couple were convicted of drug smuggling and sentenced to life imprisonment
by the High Court of Sabah and Sarawak in November 2006, but the prosecutor
appealed the penalty, which is allowed by Malaysian law. The sentence was then
raised to death penalty in October 2009 by the Putrajaya Court of Appeal. The
Federal Court affirmed the death penalty in April 2010. They were assisted by
legal counsel during the proceedings.
"There has been reluctance by local authorities to carry out the death penalty
or undertake execution in recent years, particularly for drug trafficking
offenders. There are no indications at this time that the death penalty will be
carried out against the couple Ong anytime soon," the embassy added.
"Officials from the Philippine embassy have regularly visited the Ong couple,
the last time on June 17. The DFA and the embassy also send updates on the case
to their family," the embassy said.
The DFA reiterated on July 8 its appeal to Filipinos to be aware of modus
operandi of drug trafficking syndicates anywhere in the world, and to not fall
victim to them, as it carries the death penalty in most cases, including in
Malaysia.
(source: interaksyon.com)
THAILAND:
NACC defends death penalty for graft cases----The National Anti-Corruption
Commission (NACC) has defended its new anti-graft law under which the maximum
penalty is execution, saying it is appropriate and not against human rights.
corruption,
NACC secretary-general Sansern Poljieak said the anti-corruption law which has
come into force is appropriate because corruption of state money is deemed as a
severe offence.
The amendment to the Organic Law on Counter-Corruption establishes more severe
penalties for state officials and officials of foreign agencies found guilty of
corruption in Thailand.
The amendment was published in the Royal Gazette last Thursday (July 9).
New sections have been added to the law's Article 13, where penalties for
taking bribes in return for malfeasance range from 5-20 years' imprisonment, to
life in jail or execution as the severest penalty. Culprits could also be fined
B100,000 to B400,000.
Foreign officials in Thailand or people working for international organisations
may face those penalties as well.
The statute of limitations on corruption cases is 20 years - the same as the
old law - but it would not apply if a convict flees the country.
Former Democrat Party MP Warong Dechgitvigrom said he supported the law's
execution penalty but he was worried about its enforcement.
"It will be useless if authorities don't seriously enforce the law," he said.
Meanwhile, the government has tightened anti-corruption measures by exercising
its Section 44 powers to take disciplinary action and launch tax probes against
state officials and private operators involved in graft cases.
Public Sector Anti-Corruption Commission secretary-general Prayong Preeyajit
said yesterday (July 13) that state officials ignoring or covering up their
subordinates' corrupt acts would also be disciplined under Section 44 which
enables the premier to take decisive action.
Mr Prayong spoke following a Centre for National Anti-Corruption (CNAC) meeting
yesterday, chaired by Prime Minister Prayut Chan-o-cha.
In the past three months, the CNAC has submitted 2 lists of officials' names to
Gen Prayut. They were suspected of being involved in graft.
Following the PM's review of each case, suspects were suspended or transferred
to inactive posts using Section 44.
So far, 115 officials have been suspended in the corruption probe.
For further measures to tackle corruption, tax records of state officials and
private operators who have procurement contracts with state agencies will be
probed for irregularities.
During the meeting, Gen Prayut stressed that graft-fighting must be conducted
sustainably, so the next government can continue the campaign.
The premier also asked the National Reform Council to oversee anti-graft
policies and said lessons in corruption prevention should be added to school
curricula.
A proposal to create a specific fund to promote anti-corruption was floated
during the meeting, to help offset the cost of fighting graft, said Lt Gen
Anantaporn Kanjanarat, the prime minister's adviser who chairs the State Budget
Inspection Committee.
Initially, financial contributions from the Government Lottery Office will be
needed to establish the fund, he said, adding that private firms wishing to
join in could do so later on.
(source: thephuketnews.com)
INDONESIA:
Pardon 'best scenario' in Veloso case - DOJ----The Philippines is also asking
for access to convicted OFW Mary Jane Veloso, after a string of cases were
filed against her alleged recruiters
When asked whether there's a possibility that Filipina death row inmate
convicted of drug trafficking Mary Jane Veloso will be released from prison
soon, Philippine Department of Justice (DOJ) Secretary Leila de Lima said such
possibility is still far out of the picture.
Following the release of the preliminary investigation findings, De Lima said
the best scenario for the Philippine government is that Indonesia is convinced
Veloso is innocent, and she is granted a pardon.
Commutation of sentence and re-opening of her case are other possibilities.
The Philippine government is asking Indonesia for access to Veloso, after a
string of cases were filed against her alleged recruiters, Cristina Sergio and
Julius Lacanilao, by the DOJ.
De Lima also disclosed that the government requested Indonesia to allow them to
see Veloso so they could get her supplemental affidavit, to be used for a case
build-up.
"Case build-up does not, or ought not to, stop upon filing of the criminal
informations in court. Remember, the required threshold now is guilt beyond
reasonable doubt and not just probable cause which was the requirement during
the preliminary investigation stage," De Lima clarified.
Veloso was convicted of smuggling 2.6 kg of heroin into Indonesia and was
scheduled for execution by firing squad along with 8 other drug convicts on
April 29, but Indonesian President Joko Widodo, granted a reprieve to allow
Philippine authorities to pursue criminal charges against her supposed
recruiters.
The DOJ found probable cause to indict Sergio, Lacanilao, and someone
identified as "Ike" for qualified trafficking in persons in early July.
The DOJ recommended the filing of information for violation of Republic Act No.
8402 or The Migrant Worker's Overseas Filipinos Act of 1995 and for estafa
under Article 315 of the Revised Penal Code (RPC) against Sergio and Lacanilao.
This time, the cases stemmed from the complaint of Veloso's family and several
other victims of Sergio and Lacanilao.
"The evidence proves that exploitation is the ultimare pupose of complainant's
recruitment. She was exploited, deceived and made to believe that a job as a
domestic helper was available for her in Malaysia. Instead, complainant,
without her knowledge and against her will, was made to transport prohibited
drugs from Malaysia to Indonesia," the DOJ resolution said.
"The exploitative purpose of using complainant in transporting illegal drugs
resulted in the incarceration of herein complainant. Worse, complainant, who
was referred and considered by respondents as 'victim' will eventually suffer
the penalty of death," it added.
"They (Indonesian authorities) will see that there is basis for the cases
against the recruiters who allegedly victimized Mary Jane," De Lima said. "A
finding of probable cause is a finding of probable cause, which we hope to
strengthen to meet the threshold of proof beyond reasonable doubt for purposes
of trial."
(source: rappler.com)
************
2 charged with drug offences
2 men were yesterday brought to the magistrates' court here to face a tentative
charge for drug trafficking and drug possession.
For the alleged drug trafficking, Philip Lau Fui Ing, 27, and Leong Ann Boon,
34, were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952,
punishable under Section 39B(2) of the same Act read together with Section 34
of the Penal Code.
The section provides for a death penalty upon conviction.
For drug possession, they were charged under Section 12(2) of the Dangerous
Drugs Act 1952, punishable under Section 12(3) of the same act read together
with Section 34 of the Penal Code.
The section carries a fine of up to RM100,000 or imprisonment up to 5 years or
both.
No plea was taken.
They were caught for alleged drug-pushing on July 1, at 11.15am behind a shop
in Lanang Road.
They allegedly trafficked Methamphetamine weighing 53.3g (gross weight) and
Ketamine weighing 43.17g (gross weight).
On the same day and time and at the same place, they were caught possessing
Methylenedioxy methamphetamine weighing 0.97g (gross weight).
The case will be up for further mention on Aug 13.
The court ordered the 2 to be further remanded.
(source: The Borneo Post)
SUDAN:
Church urges South Sudan govt to help release jailed pastors
The South Sudan Presbyterian Evangelical Church has urged the Government of
South Sudan to intervene for the release of 2 church leaders on trial in Sudan
for espionage.
The trial of the 2 pastors is scheduled to continue on Tuesday in Khartoum. If
convicted, the 2 pastors could face the death penalty. The Church has denied
the charges of espionage and demanded the release of the pastors.
In a press release seen by Radio Tamazuj the Presbyterian church leaders
appealed to the government of South Sudan to take responsibility for the 2
pastors because they are citizens of South Sudan.
"We appeal to the Government of South Sudan to take this case upon itself as a
responsibility and protect its citizens," read the press release.
The Church also urged the Sudanese government to release the 2 church leaders
jailed in Khartoum. The Church strongly refuted the charges against the 2
pastors describing them as totally false.
"We strongly refute the charges labeled against these 2 pastors and demand for
their immediate release," Church leaders said in their press release.
The 2 church leaders were arrested in Khartoum nearly 7 months ago. Rev. Yat
Michael went to Khartoum with his ailing son seeking medical treatment on 12
December 2014.
On 14 December 14 2014 he was arrested by Sudan's National Intelligence
Security Services (NISS) after preaching in Khartoum Bahri Evangelical Church.
Later, Pastor Peter Yein was coming from a prayer meeting in Khartoum when he
received a phone call from NISS ordering to come home if he wants his family
not to be arrested.
(source: radiotamazuj.org)
INDIA:
More Than 2000 People Were Sentenced To Death In India Over 16 Years.----India
is one of the few countries in the world that still practices capital
punishment.
India is in a minority group of countries on the planet that retain capital
punishment on their statute books. According to a compilation attempted in
2009, the following criminal offences under various laws attract the death
sentence in India:
Indian Penal Code, 1860 (IPC)
--Criminal conspiracy for committing any of the following offences- Section
120-B
--Treason, for waging war against the Government of India- Section 121
--Abetment of mutiny actually committed - Section 132
--Perjury resulting in the conviction and death of an innocent person - Section
194
--Threatening or inducing any person to give false evidence resulting in the
conviction and death of an innocent person - Section 195A
--Murder - Section 302
--Murder committed by a life convict - Section 303
--Abetment of a suicide by a minor, insane person or intoxicated person -
Section 305
--Attempted murder by a serving life convict - Section 307(2);
--Kidnapping for ransom - Section 364 and
--Dacoity with murder - Section 396
Additionally, some special laws also prescribe death penalty for various
offences like the Arms Act etc.
What happens after the Death Sentence is awarded?
Upon conviction and award of death sentence, an individual accused of
committing one or more heinous crimes can all the way go up to the Supreme
Court challenging the sentence awarded. In many cases the death sentence is
commuted to life imprisonment either by the Constitutional Courts or by the
President or the Governor as the case may be. The instances where the President
or the Governor commutes a death sentence to a life term in prison while
deciding mercy petitions is becoming rarer while Courts are commuting more
death sentences into life terms in prison in the course of deciding appeals
against death sentences.
Major Findings
As many as 2,052 individuals were awarded capital punishment by courts in India
between 1998 and 2013. Courts awarded the death sentence to 1,677 individuals
during the first 13 years of the 21st century. On an average more than 128
persons were sentenced to death per year during this period. Unfortunately, the
gender break up of these figures is not available in the NCRB datasets.
The most number of death sentences handed down in any given year was 2007 when
courts across India punished 186 individuals in this manner. In 2000, 165
individuals received death sentences while 164 individuals received this
punishment in 2005. 1999 (155 individuals) and 2003 (142 individuals) take the
4th and the 5th place on this list of years in which the most number of death
sentences were awarded.
The least number of death sentences were awarded in 1998 (55 individuals). 97
persons each were awarded the capital punishment during the years 2010 and
2013. 2011 with 117 individuals and 2013 with 125 individuals figure at 4th and
5th places respectively on the list of years when the least number of death
sentences were handed down by courts.
Number of Death Sentences Awarded between 1998 - 2013 - Death Sentences in
India
State/UT-wise trends
An individual convicted of one or more crimes inviting a sentence of death was
more likely to be so punished in the State of Uttar Pradesh. With 506
individuals awarded the death sentences during the 16 year period, Uttar
Pradesh alone accounts for almost a quarter (24.65%) of the total figure
calculated for the 16 year period. This figure could be higher because data is
not available for the year 1998 in the NCRB datasets.
With 178 individuals so punished, Bihar stands 2nd in the list of States/UTs
where the most number of death sentences were awarded by courts during the
period 1998-2013. In Madhya Pradesh 162 individuals received the death sentence
placing it 3rd on the list of States/UTs. In 2013, Madhya Pradesh topped the
list of States/UTs where the most number of death sentences (22) were awarded.
Maharashtra takes 4th place with 160 individuals receiving capital punishment
during this period. Tamil Nadu is at the 5th place with 147 individuals
receiving capital punishment during the 16 year period.
3 States, namely, Chhattisgarh (carved out of the erstwhile undivided Madhya
Pradesh), Jharkhand (carved out of the erstwhile undivided Bihar) and
Uttarakhand (carved out of the erstwhile Uttar Pradesh) came into existence
towards the end of the year 2000. Amongst them, Jharkhand takes the top
position with 91 individuals being handed the death sentence during the last 13
years (2001-2013). In Chhattisgarh only 29 persons were awarded capital
punishment during the same period and in Uttarakhand this figure was 18.
Interestingly, in Karnataka, no death sentences were handed down between 1998-
2003. All 107 death sentences were handed down during the years 2008 (22), 2010
(19), 2005 and 2007 (14 each), 2006 (13), 2012 (8), 2004 (7) and 2009 (5). In
2013, 4 individuals received the capital punishment in Karnataka.
Similarly, no death sentences were awarded in Gujarat during the period
1998-2000. All 62 death sentences were awarded during the years 2004 (19), 2011
(14), 2005 and 2009 (8 each), 2003 (5) and 2001 and 2012 (3 each). In 2013, 2
individuals received the death sentence in this State.
A person was least likely to receive the death sentence in the States of
Arunachal Pradesh, Nagaland, Mizoram, Sikkim and the UTs of Dadra and Nagar
Haveli and Lakshadweep as they have not recorded any such instance during the
16 year period.
State wide death sentences in India 1998 - 2013
Region Wise Trends
Not taking into account the States with the most number of death sentences
awarded during the 16 year period, the region-wise breakup (north, south, east,
west and north east) of the figures are as follows:
The Southern region (including the states of Andhra Pradesh, Karnataka, Tamil
Nadu, Kerala, and the UTs of Puducherry, Laskhadweep) accounted for 311 death
sentences during the years 1998-2013 - the highest amongst all regions. Tamil
Nadu tops the list with 147 death sentences followed by Karnataka with 107 and
Kerala with 44. Andhra Pradesh saw the least number of death sentences awarded
at 11. While Puducherry saw 2 death sentences awarded in 2009, no capital
punishment was awarded in Lakshadweep during the entire period.
In the Eastern region barring Bihar, the States of Chhattisgarh, Jharkhand,
West Bengal, Sikkim and Odisha and the UT of Andaman and Nicobar Islands
accounted for 262 death sentences during the period 1998-2013. West Bengal tops
the list with 107 death sentences followed by Jharkhand with 91. In Odisha only
33 individuals were sentenced to death during the period 2001-13 but none
during the years 1998-2000. In Andaman and Nicobar Islands 2 individuals were
sentenced to death between 1998-2000 and 1 person in 2013. Sikkim is the only
State where no death sentence was awarded during the 16 year period.
Barring Uttar Pradesh, the Northern region comprising of the States of Jammu
and Kashmir, Punjab, Himachal Pradesh, Haryana, Uttarakhand, and the UTs of
Delhi and Chandigarh) accounted for 205 death sentences during the 16 year
period. Delhi accounts for almost 50% (102 cases) of this figure, most of which
were handed between the years 2001-2013. Himachal Pradesh accounts for the
least number of death sentences (3) during the same period. Chandigarh recorded
6 death sentences during the years 2001-2013. No capital punishment was awarded
between 1998-2000.
Barring Maharashtra in the Western region, the States of Rajasthan and Gujarat
and the UTs of Dadra and Nagar Haveli and Daman and Diu account for 145 death
sentences during the 16 year period. Rajasthan tops this list with 79 death
sentences. No death sentences were handed in Dadra and Nagar Haveli during this
period.
The North-eastern region accounts for the least number of death sentences
(States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and
Tripura) at 42. Assam accounted for 85% (29) of these figures (all handed
between 2001-2013) followed by Meghalaya (6), Tripura (4) and Manipur (3). No
capital punishment was awarded in the States of Arunachal Pradesh, Mizoram and
Nagaland. According to NCRB reports, Arunachal Pradesh did not even have jails
until 2009.
It is also interesting to note that the States which have a long history of
conflict between government forces and militant groups have not seen any kind
of spurt in the number of death sentences being awarded. Jammu and Kashmir and
Manipur where the Armed Forces Special Powers Acts (AFSPA) are being enforced
due to militant exigencies the number of death sentences awarded are much fewer
compared to States such as Uttar Pradesh, Bihar and Madhya Pradesh. Arunachal
Pradesh and Nagaland where AFSPA has been extended repeatedly have not
witnessed a single instance of death sentence being handed down to anybody.
Jharkhand is the only exception where the high numbers coincide with the
existence of militant activity. The situation in this State needs deeper
research and investigation which is not possible using the NCRB's database.
Trends in execution
3 persons were executed during this 16 year period - 1 each in West Bengal
(2004), Delhi (2013) and Maharashtra (2012).
[source: National Crime Records Bureau]
(source: Venkatesh Nayak is with Factly.in.----newslaundry.com)
***************
SC notice to Koli on death penalty
The Supreme Court on Monday issued a notice to Surendra Koli, the Nithari
serial killings case convict, on a petition filed by the Uttar Pradesh
government challenging the commutation of capital punishment awarded to him.
A 3-judge bench presided over by Chief Justice H L Dattu sought his response
after senior advocate L N Rao questioned the Allahabad High Court's verdict
treating inordinate delay in his execution as a ground for converting his
punishment to life term.
Solicitor General Ranjit Kumar, appearing for the CBI, submitted that the
agency would also file a petition challenging the high court verdict.
Acting on a PIL filed by the People's Union for Democratic Rights as well as a
petition by Koli, the high court commuted the death sentence awarded to Koli on
January 28 to life term in the 2006 murder of 14-year-old Rimpa Haldar.
The NGO and Koli claimed the Constitutionality of the execution of the death
sentence was violative of the Right to Life guaranteed under Article 21.
(soruce: Deccan Herald)
IRAN:
Intelligence Ministry Seeking "Maximum Punishment" for Prominent Human Rights
Activist
The Intelligence Ministry has made a written request to impose the maximum
punishment on human rights activist Narges Mohammadi, her husband Taghi Rahmani
told the International Campaign for Human Rights in Iran.
"Recently Ms. Mohammadi's case file has included a letter from the Intelligence
Ministry which recommends that the judge give her the maximum punishment. But
this letter is against the law and undermines the independence of the Judiciary
as well as the judge presiding over Branch 15 of the Revolutionary Court,"
Rahmani stated.
The latest charges against Mohammadi, who is the spokesperson for the
now-banned Defenders of Human Rights Center, include "assembly and collusion
against national security," "propaganda against the state," and "membership in
the Step by Step to Stop Death Penalty" group, which is regarded as an illegal
and anti-state group.
Since her controversial meeting with the European Union's foreign policy chief
Catherine Ashton in Tehran in March 2014, Mohammadi has received 10 summonses
and warnings and has been questioned by security authorities several times.
Taghi Rahmani told the Campaign that his wife's trial was due to start on July
5 but for unknown reasons she was not transferred from Evin Prison and did not
appear. The judge postponed the trial but no new date has been announced.
Mohammadi's trial was originally set for May 3 but her lawyer had requested
more time to prepare.
Mohammadi wrote a letter from prison addressed to Tehran's chief prosecutor. In
the letter, published in Kalame.com on July 6, Mohammadi criticized the
authorities for not allowing her to speak to her children on the phone.
"Is it against the country's judicial regulations to let a mother or father
hear her or his child's voice for a few minutes, a couple of times a week? If
not, why is this unfair practice going on? Does a mother's contact with her
child threaten national security? Or do you just want to further punish women
who criticize?" the letter asked.
Mohammadi's family have been told that her latest detention on May 5 is to
enforce the 6-year prison sentence imposed on her in 2012. At the time she was
held in Zanjan Prison, but because of serious medical issues she was released
on 600 million tomans (US $200,000) bail.
250 human rights and women's rights activists and journalists signed a
statement on May 6, demanding the release of Narges Mohammadi.
Mohammadi's husband has asked Iran's Minister of Intelligence to help launch an
investigation into her case, as well as the cases of other individuals
prosecuted in the aftermath of the disputed 2009 presidential election and who
are still in prison, such as Abdolfattah Soltani and Mohammad Seifzadeh.
(source: iranhumanrights.org)
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