April 25
TAIWAN:
Taiwan not about to replace death penalty with life imprisonment: Ma
President Ma Ying-jeou said Monday that although some countries in the world
have replaced the death penalty with life imprisonment without parole, Taiwan
is not thinking of following suit.
The president was responding to a question on the death penalty issue, during a
news conference on the release of the second national report on the
International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights.
According to Ma, replacing the death penalty with life imprisonment without
possibility of parole has given rise to many problems.
For example, the public might find it hard to accept the idea of the country
providing lifelong support for people convicted of serious crimes, he said,
adding that prison population management can be another problem.
Furthermore, putting criminals in prison for the rest of their lives is no less
harmful to human rights than executing them, Ma said.
Based on these reasons, the Ministry of Justice is not considering replacing
the death penalty with life imprisonment without parole, he added.
He said the government's current policy is to keep the death penalty but use it
judiciously.
Over the past 20 years, Taiwan has abolished all the laws that prescribed the
death sentence as the sole penalty and has been reviewing those laws that
maintain it as an optional penalty, Ma noted.
Judges and prosecutors have also been very cautious in handling cases in which
the death penalty is applicable, he said.
As a result, Ma said, the number of people sentenced to death has dropped to 6
per year on average from a high of 18 per year in the past.
People in Taiwan cannot yet accept the idea of removing the death penalty from
the law books, the president said, adding that abolition of capital punishment
is not yet a global trend either.
Although the United Nations has adopted several resolutions calling on states
that maintain the death penalty to establish a moratorium on its use, the
countries that retain capital punishment still account for 60 % of the world's
population, Ma said.
(source: focustaiwan.tw)
PAKISTAN:
Pakistan jail 'withheld medical records' which could stop execution of
paralysed man
A Pakistan jail which plans to hang a paralysed man on death row has been
accused of withholding crucial medical documents which could be used to stop
his execution, the Telegraph has learned.
Abdul Basit, who faces the grisly prospect of being hanged in his wheelchair,
was granted a temporary stay of execution in November when the country's
President ordered a full medical examination to determine whether he was too
ill to face the gallows.
"If you can't pardon somebody who's been paralysed because of your jail's
negligence, who is going to be eligible for a pardon?"----Sarah Bilal, Justice
Project Pakistan
The reprieve was granted amid fears that Basit would be decapitated or suffer
prolonged strangulation during his execution, as the prison has no guidelines
on how to hang prisoners who are unable to mount the scaffold.
With his latest stay of execution set to expire on Monday, Basit's legal team
have urgently appealed for access to an MRI scan confirming he has suffered
irreversible damage to his spine, which they claim was caused by botched
treatment for tubercular meningitis infection he contracted in prison in 2010.
The scans could prove that Basit's condition is so severe that he cannot be
executed humanely and would offer him a chance of clemency, his lawyers say.
Prison officials refused to grant them access to the scans, prompting Basit's
lawyers to file contempt of court proceedings against the superintendent of
Faisalabad's Central Jail.
A Lahore judge on Thursday night ordered Faisalabad prison authorities to make
the MRI scan available to Basit's lawyers, but dismissed the contempt claims.
"As his legal counsel we have a right to access medical records of our client,"
said Sarah Bilal, of Justice Project Pakistan, a non-profit law firm.
"The judge directed them to give us the MRI scans. That's where the spine scan
will show what damage has been done to his spine."
"If you can't pardon somebody who's been paralysed because of your jail's
negligence, who is going to be eligible for a pardon?"
Faisalabad prison officials insist they have shared all available documents
with Basit's counsel, but initially said they could not provide copies of the
original MRI scans.
The Pakistani government has not confirmed whether it will extend Basit's
reprieve, meaning a new death warrant could be issued by the Faisalabad
district court as soon as next Monday.
Its plan to execute a paralysed prisoner has been condemned by the United
Nations, which says the procedure is illegal and has demanded that Basit's
death sentence is commuted.
Meanwhile, Basit said in a written message passed to the Telegraph by the legal
charity Reprieve that he is living in fear and hopes the Pakistani president,
Mamnoon Hussain, will show him mercy.
"Before the President halted my execution the 2nd time, I had no hope that I
would live. But the last 2 stays have given me a hint of hope that Mr.
President acknowledges that I am a helpless paralysed man who cannot even stand
on my feet," he wrote.
"I don't know what will happen when my stay expires. I don't know if they will
hang me or let me live."
Basit, a former administrator at a medical college, was convicted in May 2009
of the murder of the uncle of a woman with whom he was allegedly in a
relationship.
He has always maintained his innocence.
Pakistan has seen a surge in executions since the country lifted its moratorium
on the death penalty in response to the Peshawar massacre, in which hundreds of
schoolchildren were gunned down by the Taliban.
Maya Foa, the director of Reprieve's death penalty team, told the Telegraph:
"It's deeply worrying that the Pakistani authorities may now be gearing up to
try and execute Abdul Basit - a paralysed man who once again faces the prospect
of being hanged in his wheelchair.
"Following 4 previous last minute stays, the government has still given no
explanation of how it plans to avoid a horribly botched execution.
"The international community must urgently call on Pakistan's President to halt
this cruel spectacle, and grant Basit's plea for mercy on line with the
Rapporteur's recommendations."
(source: The Telegraph)
INDIA:
HC to begin confirmation hearing in Yug Chandak case from today
After Nagpur Sessions Court awarded double death penalty to Rajesh Daware and
Arvind Singh, the perpetrators involved in kidnapping and diabolical murder of
8 year old Yug Chandak, Nagpur bench of Bombay High Court will hear the
confirmation hearing from April 25. A division bench consisting of Justice
Bhushan Gavai and Justice Swapna Joshi will hear the confirmation and cross
appeals filed by the accused persons.
As per section 366 of the Criminal Procedure Code, confirmation hearing before
the High Court is mandatory in which entire evidence is examined and assessed.
The record sent by Sessions Court was placed before the High Court 3 weeks ago
and registry was directed to prepare the paper book at the earliest and in any
case before April 17. The High Court has already issued notices to both the
convicts Arvind Singh and Rajesh Daware.
Arvind Singh and Rajesh Daware have also filed appeals challenging conviction
by Principal District and Sessions Judge. The appeals will be heard along with
confirmation hearing. The High Court had appointed Adv Rajnish Vyas to defend
Rajesh Daware while Arvind Singh had filed the appeal through his counsel C R
Thakur.
The Sessions Court found Rajesh and Arvind guilty of kidnapping for ransom
under section 364A of the IPC and for murder of the child under section 302 and
awarded a rare double death penalty. The Principal District Judge had also
refused to show any leniency to both accused cited cruel mentality of accused,
grid for the money, rage and no value for human life as compelling reasons for
handing down death penalty to accused duo who hatched a deliberate and
well-planned conspiracy after thoughtful process that led to killing of an
innocent child.
The Sessions Court had also awarded lifer to Rajesh and Arvind along with fine
of Rs. 10,000 each for hatching a criminal conspiracy. Also the two accused
were also sentenced to seven years rigorous imprisonment and fine of Rs. 5,000
after being found guilty of destroying the evidence.
Government Pleader and Public Prosecutor Bharati Dangre will represent the
State while Adv Rajendra Daga will appear for aggrieved Chandak family. C R
Thakur and Rajnish Vyas are representing the appellant-convicts.
(source: The Hitavada)
VIETNAM:
Battling Corruption in Vietnam
Corruption in Vietnam ranges from low-level bribery of traffic police for
questionable violations, known colloquially as 'coffee money', to
headline-grabbing scandals involving banks and government officials. The issue
is a major one for the country, and the central government considers addressing
corruption in Vietnam a top priority.
Vietnam routinely performs poorly in global corruption rankings, coming in
112th out of 168 in Transparency International's latest Corruption Perceptions
Index. The UK Foreign & Commonwealth Office (FCO), meanwhile warns that
"corrupt practices are widespread in Vietnam," adding that "anyone doing
business in the country is likely to encounter, or hear of, corruption in one
form or another."
Such warnings should come as no surprise to anyone who has spent time in
Vietnam, as the media regularly reports on corruption cases involving
high-level executives misappropriating enormous amounts of money.
For example, in January the Hanoi People's Court sentenced Pham Thanh Tan, the
former general director of the State-owned Bank for Agriculture and Rural
Development (Agribank), to 22 years in prison. Lengthy prison sentences were
given to two other bank officials in the case, which caused losses of US$108
million) (VND 2.4 trillion) at an Agribank branch.
These extended sentences are illustrative of the hard line taken by Vietnam's
justice system when corruption is actually punished. Perhaps the most notorious
example of a harsh crackdown came in 2013 when 2 former officials of the
Vietnam National Shipping Lines (Vinalines), 1 of Vietnam's many money-losing
state-owned enterprises (SOEs), were sentenced to death for their involvement
in a blockbuster case involving international arrests worth $17.3 million (VND
366 billion).
Invoking the death penalty for white-collar crime may seem heinous to
outsiders, but many Vietnamese lawmakers approve of the practice. Last year the
government announced a plan which would allow defendants in serious corruption
cases to avoid the death penalty if they return half of the money or property
they gained through their offenses.
Members of the National Assembly (NA) objected to the move, arguing that it
would hinder justice while being unfair to poorer people who are put to death
for offenses related to drugs. It remains to be seen whether the proposal will
be approved or not.
Vietnam's Anti-Corruption Efforts
In Q1 of this year the Government Inspectorate conducted 1,553 administrative
inspections and 33,927 specialised inspections nationwide, uncovering economic
law violations worth $1.04 billion (VND 23.3 trillion) and involving nearly
2,000 hectares of land. The government body also asked to reclaim $33 million
(VND 732 billion) for the State budget and 335.6 hectares of land, while also
collecting fines worth $29 million (VND 643 billion).
Oddly, amidst these massive figures, only four corruption cases involving six
people totalling $139,500 (VND 3.1 billion) were actually announced. The
Inspectorate pledged to step up surprise inspections in Q2 in order to detect
violations of any kind.
Tackling the problem at a grass roots level the Vietnam government and the
World Bank have been involved in the Vietnam Anti-Corruption Initiative (VACI)
for more than 6 years. The programme raises public awareness of anti-corruption
laws while also educating people on their important role in detecting and
reporting corruption.
The Vietnam Anti-Corruption Initiative (VACI) implemented by the Vietnam
government with the support of the World Bank promotes transparency,
accountability and integrity, with the goal of reduce corruption in Vietnam.
While such government initiatives are important, the struggle to eradicate
corruption in Vietnam will ultimately come down to the people of Vietnam.
Currently it is accepted that most bureaucratic procedures will involve some
sort of bribe or other form of 'greasing squeaky wheels'.
Driver's licenses and other official forms and documents can be bought, which
has its conveniences, but is detrimental to the development of the country. The
tide will only truly turn once everyday people start saying "no" to officials
who expect money-filled envelopes before they go about doing their job.
(source: aecnewstoday.com)
NIGERIA:
Arisekola Proposes Capital Punishment For Drug Traffickers
The Federal Government has been urged to introduce capital punishment as
penalty for drug trafficking in the country.
This, according to its proponent and Chairman, Association of Online
Practitioners, Wole Arisekola, will serve as a deterrent to drug traffickers in
the country.
Speaking yesterday in Ibadan on the increasing rate of drug trafficking in the
country, Arisekola disclosed that he was moved to propose death penalty for
drug offenders due to the harms heroine, cocaine and other prohibited drugs do
to mankind.
"The other reason for this proposal is the increasing number of Nigerians that
are being held overseas for drug offenses. Some of them are even executed in
the process', he said.
While speaking further, he noted that "many Nigerians are being executed in
Malasia and other Asian countries while several of them are being jailed in
Mexico, Colombia and other parts of the world."
"I am of the view that the introduction of death penalty will deter Nigerians
from further involvement in this crime".
Arisekola, who is also the publisher of Street Journal magazine, an online
publication, recalled that "General Muhammadu Buhari, as Head of State in 1994
introduced this same measure and it drastically reduced the rate of drug
trafficking among Nigerians."
"Now, as a civilian President, it will be necessary that he works with members
of the National Assembly to ensure this law is in place."
He added further that the present efforts of government to market Nigeria
abroad will be of little effect as long as Nigerians are still being held on a
daily basis for drug offenses across the world.
(source: The Street Journal)
UNITED KINGDOM:
Britain Has Downgraded Its Global Campaign To Abolish The Death Penalty----The
Foreign Office funds human rights projects around the world, but documents seen
by BuzzFeed News suggest the Conservatives are less keen to pay for campaigns
against capital punishment in countries such as China.
The British government has downgraded the global abolition of the death penalty
on the list of priorities for its international human rights fund, BuzzFeed
News can reveal, following a change in focus after the Conservative election
victory that opponents say is a sop to nations such as China and Saudi Arabia.
The abolition of the death penalty was the top objective in 2014-15 of the
Foreign Office's Human Rights and Democracy Programme, a fund that awards
millions of pounds a year to organisations in other countries in order to
"promote and protect" human rights.
However, after the Conservatives won an outright majority at the 2015 general
election, officials changed the fund's priorities "in line with manifesto
commitments".
These changes saw abolition of the death penalty reduced from being the fund's
top objective to a passing reference in the final bullet point, according to
documents released under the Freedom of Information Act.
Abolition of the death penalty is now hidden in a subsection under the
jargon-heavy objective of introducing a global "human rights risk-management
approach to security and justice interventions".
The Liberal Democrats said the priorities were changed because the government
wants nothing to "come between potential trade with countries like China and
Saudi Arabia, who happen to be ardent proponents of the death penalty".
The UK has made a strong pitch to the Chinese government for investment in
major infrastructure projects such as the Hinckley Point nuclear power plant
and the High Speed 2 railway line, welcoming the Chinese president on a state
visit.
The government has also been keen to protect its relationship with Saudi
Arabia, which it considers to be a key ally in the Middle East especially in
terms of sharing intelligence on terrorism.
The UK's change of priorities coincides with executions hitting a 25-year high
worldwide in 2015, according to research by Amnesty International. China and
Saudi Arabia, along with Iran and Pakistan, were identified as the most
prolific users of capital punishment.
As the use of the death penalty is considered to be a state secret in China,
there are no precise figures on how many people are executed. However, Amnesty
said the country put more than 1,600 people to death last year.
Saudi Arabia executed at least 158 people in 2015, according to Amnesty - a 75%
jump from the previous year and the highest number recorded for the kingdom
since 1995.
During the coalition government years between 2011 and 2015 the Foreign Office
backed 42 different campaigns fighting for the abolition of the death penalty
around the world. This included projects specifically targeted at Iran, China,
and Saudi Arabia.
Foreign Office documents from this era describe the effort to combat the death
penalty as a major diplomatic focus, especially in China where the British
government funded 8 different campaigns to abolish the death penalty during
that 4-year period.
However, the Human Rights and Democracy Programme's commitments for 2015-16
show the Foreign Office currently has no specific funding for projects to
abolish the death penalty in China, Iran, or Saudi Arabia.
Instead, it is funding general global campaigns against the death penalty, plus
a handful of specific projects in Botswana, Honduras, Guatemala, Japan, and the
US.
Liberal Democrat foreign affairs spokesperson Tom Brake accused the government
and the foreign secretary of changing focus to encourage trade with countries
such as China and Saudi Arabia.
"Abolition of the death penalty is one of the cornerstones of liberal values,
and as arguably the most flagrant violation of human rights, should be at the
core of our government's international human rights campaign," he told BuzzFeed
News.
"It is clear that in his shameful mission to downgrade human rights in British
foreign policy, Philip Hammond is abandoning the fight against the death
penalty."
A Foreign Office spokesperson said: "Our work to abolish the death penalty
around the world has a prominent place in the strategy for the Magna Carta Fund
for Human Rights and Democracy as it did under its earlier name (Human Rights
and Democracy Programme). The FCO is entirely committed to promoting abolition
of the death penalty around the world, including in China - where it continues
to be a major focus for our project work and advocacy."
(source: buzzfeed.com)
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