Oct. 24
INDIA:
Should discuss death penalty,timeframe for execution: Maharashtra CM
Maharashtra Chief Minister Devendra Fadnavis on Saturday said with around 300
persons on the death row, we must ponder whether the capital punishment should
be retained, and if yes, must determine a timeframe for its execution.
Fadnavis, himself a law graduate, was speaking at a discussion on relevance of
capital punishment at the State Lawyers Conference organised by the Bar Council
of Maharashtra and Goa which started on Saturday.
Yakub Memon, the sole convict of 1993 Mumbai blasts case to be sentenced to
death, was hanged at Nagpur prison in Maharashtra on July 31, 2015.
"Even after the Supreme Court upholds the death punishment, it takes so many
years to execute it," he said, pointing out that about 300 convicts are on the
death row in the country at present. It was time we discussed whether the
capital punishment is needed, and if yes, then what should be the timeframe to
execute it, he added.
Yakub Memon, the sole convict of 1993 Mumbai blasts case to be sentenced to
death, was hanged at Nagpur prison in Maharashtra on July 31, 2015.
Former Chief Justice of Orissa High court Bilal Nazki opposed the capital
punishment. "Are we equipped to know who deserves death and who doesn't," Nazki
asked.
"When you don't know if you are going to die or not, then it's very painful,"
he said, adding "what does the victim get if the accused is killed".
"We don't have rehabilitation policy regarding the victims of terrorism,"
Justice Nazki pointed out.
Former Supreme Court judge VS Sirpurkar favoured continuance of death penalty.
"It is a very effective deterrence....If you take away the death sentence then
the future criminals will turn this country into a jungle," he said.
(soure: ibnlive.com)
THAILAND:
Japanese man arrested for drug, gun possession in Thailand
A Japanese man has been arrested in Thailand for possessing more than 2
kilograms of an illegal stimulant drug and an unauthorized automatic gun, while
three others were apprehended for trying to bribe the police into releasing
him, Thai police said Saturday.
Yutaka Itakura, 34, was arrested in Bangkok on Friday with around 2.3 kg of
methamphetamine that he tried to sell to an undercover agent working for the
police. The police also found money worth more than $30,000 in his room.
He is accused of trying to bribe the police into releasing him. 3 other
Japanese men were also arrested after they came to offer a bribe in exchange
for Itakura's release.
Itakura has been charged with possessing illicit drugs with intent to sell,
selling illegal drugs, possessing an unregistered gun and trying to bribe
police officers. He could face the death penalty if found guilty of the
drug-related charges.
He is believed to have links with a Japanese gang that runs a drug business in
Thailand and is also suspected of using Thai women to transport drugs abroad.
The Thai police are coordinating with their Japanese counterparts in an
investigation to learn how Itakura came to possess the drugs.
The four accused, aged between 34 and 50, were arrested on Friday after a
tip-off that one of the group was smuggling drugs out of Thailand.
"Our undercover agent bought 2.3 kg of 'ice'" from Itakura in central Bangkok,
said a police statement Saturday.
The 3 other Japanese nationals offered police around $28,000 to release
Itakura, the statement said.
Thailand is a known gateway to the lucrative Southeast Asian drugs market.
Seizures of "ice," a form of methamphetamine, have quadrupled across the
Asia-Pacific region over 5 years, the United Nations said in May.
Much of the increase is down to an explosion in production of the usually less
pure methamphetamine-laced tablets, known in parts of Asia as "yaba."
(source: Japan Times)
PAKISTAN:
Who are we hanging?
The headlines of newspapers scream that we have reached a 'shameful milestone'.
We have made people march to the gallows-more than we want to count and believe
that we have. Pakistan has executed more than 250 people since the lifting of
the moratorium in December 2014. At the time it was a measure to combat
terrorism, in wake of ghastly massacre of almost 150 people in a Peshawar
school. However, that seems to be long forgotten. Now the death penalty is
focusing on clearing out jails- targeting the mentally ill and physical
disabled as well.
The story of Abdul Basit echoes the abysmal state of Pakistan's criminal
justice system and reaffirms that whilst the wealthy and influential escape
through the loopholes; the poor, disabled, mentally ill, and the most
vulnerable segments of Pakistan's society, is rushed to the gallows -
celebrated as an indicator of its success in eradicating terrorism. The state
is apathetic to the violations of their human dignity, and it has become
evident in Abdul Basit's case, where despite his permanent disability and
humiliating conditions of imprisonment, he remains on death row.
Abdul Basit was convicted for the murder of another man during a heated
altercation in 2009. However, he has always claimed his innocence, asserting
that he was not the 1st one to offer violence. It was on the basis of evidence
given by just 2 relatives of the deceased that he was convicted of murder.
Basit now 44, wakes up every morning to a day that routinely brings him
humiliation and helplessness. His legs are attached to him like 2 useless
weights that he cannot move - a constant reminder and remnant of the life he
used to have and the man he once used to be.
Most people know him simply as the 'paraplegic death row prisoner', but Basit
is a man who once led a dignified life. He was an administrator at a medical
college in Faisalabad, who was pleasant and well liked. Like the many prisoners
I've met have recounted, the grave mistakes they have made are usually
triggered by small but fateful errors in judgment. For Basit, it was such an
error that eventually resulted in him being convicted of murder.
In 2010, Abdul Basit was transferred to Central Jail, Faisalabad. Later that
year, the prisoners in Faisalabad jail rioted against the torturous practices
of the jail administration especially, the Superintendents. Several prisoners
died in the riots, and many more injured. The Superintendent was suspended and
the new Superintendent, confined most of the prisoners to the "punishment wing"
in Central Jail. For, months, Abdul Basit was held in the filthy and unhygienic
conditions of the punishment ward where disease is rampant. While there, he
began complaining of severe headache and an extremely high temperature. His
family narrated that his headache became so severe that he would scream and
bang his head against the wall for any form of relief. His anguish was only met
with apathy by jail authorities despite repeated pleas from his family. It was
discovered later that based on his symptoms Abdul Basit had contracted
Tuberculosis (TB) meningitis in prison. Despite the knowledge that TB, if left
untreated, could result in permanent damage, the jail authorities denied him
any access to the requisite healthcare and simply confined him to a solitary
cell to prevent an outbreak. It was only after Abdul Basit succumbed to a month
of indelible pain and lost consciousness that he was transferred to a hospital.
It was discovered that his condition was so critical, that he fell into a coma
for 4 weeks. Eventually his family was informed that as a result of neglect and
a lack of timely treatment he had contracted Tuberculosis (TB) meningitis. Over
the course of 13 months his condition plummeted - he became paralyzed from the
waist down and would suffer from long-term consequences of spinal cord
permanently. Abdul Basit would never be able to walk again, and lost all
control of his basic bodily functions permanently.
In spite of his pitiful condition, Abdul Basit's execution was scheduled soon
after his mercy appeal to the President was rejected. His legal counsel filed a
writ petition pleading, amongst other things, that there is no procedure laid
out in the Pakistan Prison Rules 1978 to execute a physically disabled
prisoner. The rules are vividly elaborate as to the procedure to be adopted
before and during the execution. Rule 356 of jail manual, states that the
prisoner must "mount the scaffold", after which the executioner will strap his
legs tightly together. All the while, 2 warders will stand on either side of
the condemned prisoner holding him by his arms. Once the noose has been placed
around his neck, "the warders holding the condemned man's arms then withdraw
and ... the executioner shall carry out the sentence". It is evident, as
Basit's counsel has argued that the framers of the rules did not envisage that
a paraplegic would be put up for execution. Whether that was an implied
exclusion or a mere oversight is not the issue at hand, nor is it a question of
the morality of hanging a disabled man.
Executions of the mentally ill violate the right to human dignity under the
Constitution, and are an affront to Pakistan's legal obligations under
international law. Additionally, Section 84 of the Pakistan Penal Code does not
allow the state to punish any person suffering from a "disorder of his mental
capabilities". The fact that officials are prepared to hang Basit, despite
knowing this, shows they are even prepared to bend Pakistan's law to breaking
point.
After the Lahore High Court dismissed the Petition in September, another
warrant for Basit's execution was issued. His counsel filed an appeal against
the High Court order before the Honorable Supreme Court of Pakistan. While
disposing the petition, Justice Ejaz Afzal Khan referred to the execution
stating that "we do not feel chary ... that Judicial Magistrate of Jail ...
shall comply with the relevant rules". Though the Supreme Court did not stay
the execution, it made one thing explicitly clear: the jail authorities shall
comply with the rules while carrying out the execution of the prisoner. This
put a burden on the Judicial Magistrate to ensure that the procedure dictated
in the Prison Rules is carried out the way it has been written. Recognizing a
technical lacuna, the Judicial Magistrate postponed the execution, requesting
further instructions from the Provincial Government on how to proceed. What the
Judicial Magistrate was able to understand was that when it comes to the
implementation of such a procedure, divergence from the rules in lieu of a
Supreme Court order would be to act in contempt of court. Such a step by the
authorities, one that protects the human dignity of Basit and the rights of
other prisoners, has been greatly appreciated by both local and international
human rights organizations.
It is also important to understand why Basit's counsel has argued so ardently
based on the risks of hanging a paraplegic man. Those that have studied it
understand that there is a delicate science behind hanging. The 'long drop
method' is the only one used for hanging in Pakistan. The objective of this
method is to cause the 'Hangman's Fracture', i.e. to cause a fracture in the
vertebrae of the spinal cord, resulting in hyperextension of the head and
distraction of the neck. This process crushes the spinal cord and rapidly
induces unconsciousness followed by death. However, in a recent study of such
fractures suffered by 34 victims, it was found that that only a small
proportion resulted in the ideal "Hangman's Fracture'. If there is an
inconsistency in the calculated weight or height, the 'drop' will be
inaccurate. If the force of downward drop is too little, he will die a slow
death by strangulation. If the force is too great, his neck will be severed
from his body. Of course, this study was based on individuals with full
function of their limbs. If the hanging of even such subjects is risky and has
a low success rate, how reliable will it be for a man with no power in his
limbs?
Basit is not the only one. Mentally ill prisoners are stuffed in Pakistan death
row cells alongside other inmates. These death row cells, measuring 8 by 12
feet, designed to house not more than 2 prisoners at a time. They currently
hold on average 6 or more prisoners for over 23 hours a day. Whilst the Medical
Health Ordinance was enacted in 2001 to provide protection and treatment to
mentally ill prisoners the law receives little or no implementation
nation-wide. Pakistan has the world's largest number of death row inmates, with
more than and it is on course to have 1 of the highest rates of executions in
the world. The current government should revisit the moratorium over the death
penalty to put a stop to a blatant violation of human rights.
Abdul Basit's case is surely unique due to his permanent disability. However,
in many ways, it is the face of the state's executions since the lifting of the
moratorium on the death penalty - cruel, revengeful and futile in its
self-proclaimed quest to eradicate terrorism.
(source: The Nation)
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