April 12
TAIWAN:
Death row inmate asks for release ahead of his retrial
Relatives and supporters of Cheng Hsing-tse yesterday rally outside the
Taichung Branch of the Taiwan High Court during a pre-trial hearing for retrial
of the death row inmate.
After new evidence cast doubt on his conviction, death row inmate Cheng
Hsing-tse yesterday told a pre-trial hearing that he did not kill a police
officer in 2002 and asked a judge to release him from prison as he awaits his
retrial at the Taichung Branch of the Taiwan High Court.
To his disappointment, as well as that of his relatives and supporters, the
judge did not rule on Cheng's release request and so he was returned to prison
at the end of the hearing.
Cheng was convicted of killing police officer Su Hsien-pi during an exchange of
gunfire at a Taichung KTV on Jan. 2, 2002.
Police had been called to the KTV after a drunk patron, Lo Wu-hsiung, fired 2
shots from a pistol in one of the rooms, hitting the ceiling and a liquor
bottle. More shots rang out when the police entered the room and Su and Lo were
killed, while Cheng and several others were wounded.
The Supreme Court upheld his death sentence 10 years ago, but last month
prosecutors announced they would seek a retrial after as new evidence came to
light.
"I did not hold and fire the handgun. My confession was forced from me after I
was tortured. My defense lawyer will present the argument for granting a
retrial," the 49-year-old Cheng said yesterday in his opening statement.
"It has been more than 10 years since the court sentenced me to death and today
is the 1st time since then that I have been able to walk out of prison to
appear in court and defend myself," Cheng said. "It has been 5,210 days since I
lost my freedom. I very much wish that number will end right here."
Citing several questions about judicial process in the case, Cheng's lawyer, Lo
Ping-cheng, told the hearing that a retrial was necessary and urged that his
client be released pending the new trial.
"Prosecutors have presented new evidence that could change the ruling. If
prosecutors believe it is likely the conviction will be overturned, then Cheng
should be released. If the judiciary has other considerations, we ask the judge
to release Cheng during the retrial," Lo said.
Prosecutors told the hearing that there was enough new evidence to alter the
original conviction and possibly overturn the final verdict, and they asked the
judge to grant a retrial.
Cheng's case has gone through seven trials and several appeals. He has
steadfastly maintained his innocence.
Supporters have cited what they said were several flaws in the investigation
and the use of questionable evidence to win a conviction.
The prosecutors' application last month for a retrial was the 1st time in the
nation's history that a retrial has been sought in a case where the Supreme
Court's final ruling upheld the original death sentence.
Members of the Taiwan Association for Innocence, the Taiwan Alliance to End the
Death Penalty and human rights group members joined Cheng's relatives outside
the court building, holding up banners and slogans calling for Cheng's release
and asking the court to overturn his conviction.
Cheng's mother said that she knew that her son is innocent and she was ready to
take him home.
"We have suffered for more than 10 years, but he is still not free to come back
and be reunited with our family," she said.
She said she was devastated when she heard the judge had decided not to rule on
the release request and that Cheng would be returned to prison.
(source: Taipei Times)
NIGERIA:
Ajimobi okays death penalty for kidnappers
Oyo State Governor Abiola Ajimobi has signed into law a kidnapping prohibition
bill, which makes kidnapping a capital offence in the state.
The new law states that kidnapping attracts the death sentence in the event of
the death of a kidnap victim while in the custody of the abductors.
The bill had earlier been passed by the state House of Assembly, following the
submission of a report by the Chairman, House Committee on Judiciary and
Justice, Olukayode Akande.
The Speaker of the Oyo State House of Assembly, Michael Adeyemo, and Permanent
Secretary/Clerk of the House, Mr. Paul Bankole, had earlier signed the bill
before the governor gave it his assent.
The law states that a convicted offender will be liable to life imprisonment if
the victim is released or rescued unhurt upon the payment of a ransom, while
the kidnapper will be made to pay back the ransom.
Under the new law, which was signed on Friday by the governor, similar
punishment will be given to any person who procures, engages or gives
information culminating in the kidnapping of a victim.
The law also prescribes life imprisonment for any person who kidnaps or
threatens to kill, maim or cause bodily harm in order to compel another person,
corporate body or organisation to do or abstain from doing any act as a
condition for the release of the victim.
An attempt to kidnap someone attracts 20 years imprisonment awaits, while
anybody who aids or abets kidnapping is liable to imprisonment for 15 years
upon conviction.
While signing the bill into, Ajimobi commended the lawmakers for its
accelerated passage, saying that it would help curb crime and criminal
activities in the state.
(source: punchng.com)
THE NETHERLANDS:
Dutch pharma firm reprimanded for drug used in U.S. executions
The Dutch branch of the Organization for Economic Cooperation and Development
(OECD) reprimanded pharmaceutical company Mylan for doing to little to prevent
their drugs being used in executions in the United States, the Volkskrant
reports.
The OECD reprimanded Mylan at the insistence of death penalty lawyer Bart
Staperd. The pharmaceutical company now has to update its sales policy and make
sure that their products are not used in executions. Mylan is originally an
American company, but is established in the Netherlands for tax reasons. It
therefore has to comply with Dutch human rights laws and provisions.
The drug involved is muscle relaxant rocuronium bromide. In the United States
it is used as part of the cocktail given to death penalty prisoners at their
execution.
Mylan initially defended itself by claiming that they do not always have
control over the distribution of the drug. They sell rocuronium bromide
wholesale to American hospitals, to be sued for anesthesia in medical
treatments. It is not directly supplied to prisons.
The OECD does not find that excuse acceptable, and instructed Mylan to better
monitor the trade of the drug, even after they sold it. The company now
promised to put more effort into monitoring where the drug ends up.
(source: nltimes.nl)
NORTHERN IRELAND:
Durkan supports Pope's call for abolition of the death penalty
SDLP Foyle MP Mark Durkan has co-sponsored a parliamentary motion at
Westminster welcoming Pope Francis's recent call for an abolition of the death
penalty - and for Catholic political leaders worldwide to begin the process by
suspending the death penalty during the Church's 'Year of Mercy' (8 December
2015 - 20 November 2016).
Mr Durkan, who is a member of the All-Party Parliamentary Group for the
Abolition of the Death Penalty at Westminster, said: "I oppose the death
penalty in all circumstances as a matter of principle wherever it happens in
the world.
"There are many moral and practical arguments against capital punishment.
Indeed, cases such as the Guildford 4 and Birmingham 6 show the real danger
that innocent people could be put to death.
"As a member of the APPG for the Abolition of the Death Penalty, I also help to
raise awareness of miscarriages of justice in other countries and the appalling
human rights record of many states that do employ death verdicts where fair
trials are often a fantasy.
"The death penalty is not only wrong but counterproductive.
"I therefore welcome the example which has been shown by Pope Francis and fully
support his call for Catholic political leaders to suspend the death penalty
during the Year of Mercy.
"I will also continue to lobby the government to maintain its pressure on the
international community to pursue the ultimate aim of a worldwide abolition of
the death penalty."
(source: Derry Journal)
MALAYSIA:
Kevin Morais 'probably' dead before being placed in oil drum, High Court told
Deputy public prosecutor Datuk Anthony Kevin Morais was "probably" dead before
he was placed in a drum in a sack, the High Court heard today.
Hospital Kuala Lumpur forensic expert Dr Nurliza Abdullah also confirmed the
direct cause of death was suffocation, where the deceased suffered from
external factors hindering him from breathing.
"There is high probability that he (Kevin) was dead before he was placed inside
the sack and then inside the drum.
"This is because (there were) no signs - to his hands and legs - that showed he
moved, struggled or wriggled and the posture of the deceased was still in an
abnormal state - a foetal position," she said during examination-in-chief when
asked by DPP Wan Shaharuddin Wan Ladin for her opinion as to whether the
deceased was still alive when he placed inside the drum.
Earlier she said Kevin had sustained external injuries to his body based on
contusions or blood clots at seven parts in his body from the left upper lip,
right and left parts of the chest, left shoulder tip, left ankle, right mid
back and left buttock region.
However Nurliza explained contusions can only be formed in a living person
because only living cells can react to blunt trauma like compression over a
long period.
She said such compression can cause someone to pass out but in this case it
could not have caused death as it only affected the superficial body.
Nurliza said the contusions did not cause serious internal damages to the
deceased.
"The body has moderately decomposed, unlike a fresh body, where you can
identify any asphyxiation injury. However, (there is a) high probability that
death was caused by suffocation," she said, ruling out the possibility of
drowning as cause of death.
"During the autopsy, we did not find water or foreign objects in the
respiratory tract nor the stomach.
"The direct cause of death was suffocation, where the deceased suffered from
external factors hindering him from breathing. If you do not get enough oxygen,
you will die," Nurliza said.
She had also said Kevin had his hands "loosely" tied at the back of his body
with a neck tie and there was no defensive wounds on his hands and arms.
She ruled out manual strangling of the deceased as there were signs of force
being used at the neck area.
Nurliza, who has 20 years of experience in the forensic field, was the 11th
witness in the case on the 4th day of the trial today.
She will be cross-examined today before Judge Azman Abdullah.
7 men have been accused of abetting and murdering Kevin between 7am and 8pm on
Sept 4, last year, between Jalan Dutamas Raya Sentul and No. 1 Jalan USJ1/6D,
Subang Jaya.
Army doctor and pathologist Dr K. Kunaseegaran, 52, together with 6 others - G.
Gunasekaran, 43; R. Dinishwaran, 23; A. Thinesh Kumar, 22; M. Vishwanath, 25;
S. Nimalan, 22; and S. Ravichandaran, 34, had pleaded not guilty when charged
on Jan 27.
The 6 are facing death penalty if convicted under Section 302 of the Penal
Code, while Kunaseegaran, had pleaded not guilty to abetting the 6 men in
murdering the deputy public prosecutor.
(source: thesundaily.com)
BANGLADESH:
No retrial for JMB's Amzad, SC orders imprisonment until death after rehearing
appeal
The 4-member Appellate Division bench, led by Chief Justice Surendra Kumar
Sinha, gave the order on Tuesday.
On Apr 6, the Supreme Court quashed the High Court's verdict acquitting Ali of
the charges and ordered a retrial.
The apex court on Tuesday partially withdrew its previous verdict and sentenced
the JMB man to prison until death.
Deputy Attorney General Sashank Shekhar Sarkar, who represented the State in
the hearing, could not clearly say why a rehearing was held.
"That can be said after the full verdict is available," he told bdnews24.com.
In October 2005, a bomb attack on the Lakshmipur court premises had left one
dead.
2 cases were filed over the incident - 1 for murder and another under the
Explosives Substances Act.
According to the case details, Judge MA Sufian, Bench Officer Md Shafiqullah
and several others were injured in the attack.
Of them, Mojibul Haq, a petitioner, succumbed to his injuries later.
In 2006, the Lakshmipur Speedy Trial Tribunal handed the death penalty to JMB
activists Masumur Rahman Masum, Ataur Rahman Sunny and Amzad Ali.
Sunny, JMB military wing chief, was executed in 2007 in another case.
Masum and Ali moved the High Court against the verdict.
In 2013, the High Court upheld the capital punishment for Masum but acquitted
Ali.
Masum later moved Supreme Court against the death penalty, while the State
appealed against Ali's acquittal.
The apex court upheld Masum's death penalty and quashed the High Court verdict
acquitting Ali.
A retrial was ordered, but on Tuesday, the apex court revised the directive and
sentenced Ali to imprisonment until death.
*******************
Man in Bagerhat sentenced to death for wife's murder
A 35-year-old man in Bagerhat has been given the death penalty for murdering
his wife.
The District and Sessions Judge's Court delivered the verdict on Tuesday in
presence of the convict, Habi Sardar.
In October 2014, Sardar hacked his wife Hasina Begum before strangling her to
death over a family feud at a village in Mongla Upazila.
Police detained him from Khulna the same day, said Prosecutor Sheikh Mohammad
Ali.
The victim's brother levelled charges against Sardar in a case filed over the
killing, he said. "Habi (Sardar) confessed to the crime in court."
(source for both: bdnews24.com)
IRAN:
10 Rajai Shahr Prisoners in Imminent Danger of Execution
At least 10 Rajai Shahr prisoners who are on death row for murder charges have
been reportedly transferred to solitary confinement in preparation for their
executions. According to close sources, the names of some of the prisoners are:
Mostafa Ejlali, Ebad Mohammadi, Mehdi Kaheh, Javad Sadeghi, and Mehdi
Haghshenas. The names of the other prisoners are not known at this time.
An informed source tells Iran Human Rights: "There were 12 prisoners who were
transferred to solitary confinement. Their execution sentences are scheduled to
be carried out on the morning of Wednesday April 13. Executions at Rajai Shahr
Prison (in the city of Karaj, Alborz province, northern Iran).
(source: iranhr.net)
PAKISTAN:
Challenging life term may incur death sentence in murder case
Filing an appeal against life imprisonment sentence could become costly for a
serial rape and murder accused as an Islamabad High Court (IHC) bench has
referred the matter to IHC chief justice with the observation that the
offenders may be awarded capital punishment.
The serial rape and murder convict Abrar Ahmed had file an appeal against life
imprisonment that was heard by Justice Shaukat Aziz Siddiqui of the IHC.
The IHC bench, while hearing the case, observed that the convict committed
heinous crime and life imprisonment may not be sufficient penalty in this
matter. Justice Siddiqui then referred the matter to IHC chief justice with
observation that the matter may be placed before a division bench to see if the
convict could be awarded death sentence.
Abrar and his girl friend Zahra Mehak were both awarded life imprisonment with
a fine of Rs500,000 each for the rape and murder of 2 young girls Shehzadi and
Swera, by the court of sessions judge, Islamabad in August 2015.
According to prosecution, Abrar after raping Shehzadi, burnt her alive with the
help of Zahra to wash away the evidence. The convict was a student at National
University of Modern Languages in 2011 where he met Zahra.
Zahra was interested in marrying Abrar but he deceived her under a pretext that
he was suffering from the AIDS and could not marry her until he recovers from
the disease. Abrar told Zahra that he could recover from the fatal disease if
she provides him virgin girls. Zahra then provided her with 2 young girls and 1
was only 10 years old. The police had recovered the burnt dead body of Shehzadi
from a dry gutter in I-9/1.
(source: The News)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
