May 17
SINGAPORE:
HRW: Grant clemency to death row inmate in Singapore
Singapore President Tony Tan should urgently grant clemency to death row
prisoner Kho Jabing, who is due to be executed on May 20, Human Rights Watch
has said.
Jabing was convicted of the murder of Cao Ruyin in 2007.
On 5 April 2016, the Court of Appeal, Singapore's highest court, dismissed Kho
Jabing's appeal. An Appeals Court panel in January 2015 had reversed, by 3 to
2, a high court ruling overturning Kho Jabing's death sentence.
At dispute was whether his actions during a botched robbery had been done in
"blatant disregard of human life". At the time of Kho Jabing's conviction,
Singapore law imposed a mandatory death penalty for the offence, thus
preventing the court from considering the full circumstances of the crime.
"President Tan should grant clemency to Kho Jabing in recognition of sentencing
reforms under Singapore law," said Phil Robertson, deputy Asia director at
Human Rights Watch. "The death penalty is always cruel, and a man's life should
not hinge on a legal technicality."
Mandatory death sentences are contrary to the rights to a fair trial, Human
Rights Watch said. As the United Nations special rapporteur on extrajudicial,
summary or arbitrary executions stated in 2005, a mandatory death sentence
"makes it impossible [for the court] to take into account mitigating or
extenuating circumstances and eliminates any individual determination of an
appropriate sentence in a particular case .... The adoption of such a
black-and-white approach is entirely inappropriate where the life of the
accused is at stake."
In 2012, Singapore's parliament amended the Penal Code to provide courts with
some discretion in sentencing certain categories of murder, including murder
without intent. Since the change of law was considered retroactive, Kho Jabing
sought a review of his death sentence, stating the murder had not been
pre-meditated, and there had been no "blatant disregard for human life."
In August 2013, the High Court agreed and re-sentenced Kho Jabing to life
imprisonment and 24 strokes of the cane. Kho Jabing's accomplice in the crime,
Galing Anak Kujat, had his conviction for murder overturned, and the court
re-sentenced him for committing robbery with hurt and sentenced him to 18 1/2
years in prison and 19 strokes of the cane.
Singapore is one of few countries that retains the death penalty, claiming
without evidence that capital punishment deters crime. Human Rights Watch
opposes the death penalty in all cases because of its inherent cruelty and
irreversibility.
"Singapore's continued use of the death penalty has no place in a modern
state," Robertson said. "President Tan should cut through the complexities and
controversies of this case and grant Kho Jabing clemency so that he is
imprisoned for life."
(source: aliran.com)
*******************
Sarawakian's execution up to Singapore president
If Singapore President Tony Tan does not reconsider Sarawakian Kho Jabing's new
clemency petition, then the murder convict will be executed predawn on Friday.
As recently as early this month, it was assumed Kho, 31, could have at least 3
more months pending a fresh clemency petition.
"However, it has come to our attention that the president, while acknowledging
Kho's intention to file a new clemency petition, has taken the position that
his decision to reject the previous clemency petition in October 2015 still
stands," said a joint statement released by human rights activists.
"It is unclear if Tan will consider the new clemency petition once it is
filed."
The press release was issued by We Believe in Second Chances and the Singapore
Anti-Death Penalty Campaign.
Co-signees include Amnesty International, the Sarawak Advocates Association,
Taiwan Alliance to End the Death Penalty, Reprieve Australia, Anti-Death
Penalty Asia Network and Center for Orang Asli Concerns.
12 relatives of other inmates on death row in Singapore also joined in the
group petition. They include sisters, mothers and fiancees.
The campaigners are urging the president to grant clemency to Kho and commute
his death sentence to life imprisonment.
"The fact that 1 High Court judge and 2 Appeal judges have expressed the
opinion that the death penalty is not an appropriate punishment for Kho Jabing
shows there continues to be doubt a death sentence is justified in this case.
"It is of utmost importance this case not be rushed.
"We call on the president to stay the execution scheduled for May 20, as to
allow a reasonable time for the consideration of Kho's new petition," the
statement added.
Kho received a letter from the Singapore Prison Service on May 12 informing him
that his execution had been scheduled. Kho was convicted of murder in 2011.
The announcement came as a shock to family members who have flown to Singapore.
"We do not condone Kho's crime, nor do we seek to erase the hurt he has caused
to the victim's family," his family, including mother Lenduk and sister Jumai,
said.
During the campaigning period of the recent Sarawak polls, the family staged a
widely reported press conference, urging for help from local politicians.
The campaigners pointed out that the case involving Kho had been traumatic due
to amendments made to Singapore's mandatory death penalty and appeals lodged by
the prosecution.
The campaigners said Kho had, over the years, been sentenced to death, then
life imprisonment (with caning), then death again.
This back-and-forth has taken a horrific toll not just on Kho as the inmate,
but his family too.
(source: The Star)
***********
ICA, CNB seize S$282,000 worth of drugs at Woodlands Checkpoint----About 2.78kg
of heroin and 480g of Ice were found concealed in the compartment behind the
passenger seat of a Malaysian-registered lorry.
Officers from the Immigration & Checkpoints Authority (ICA) seized drugs
totalling about 2.78kg of heroin and 480g of Ice from the driver and passenger
of a Malaysian-registered lorry early Monday morning (May 16). The drugs are
estimated to be worth more than S$282,000.
In a press release on Tuesday, ICA and the Central Narcotics Bureau (CNB) said
the lorry was stopped for checks when it arrived at Woodlands Checkpoint at
about 4.50am on Monday. Officers found the drugs concealed in the compartment
behind the passenger seat.
The lorry was also carrying a consignment of pails, cans and shield anchors.
The lorry driver and the passenger, male Malaysians aged 33 and 27
respectively, were arrested and referred to CNB. Authorities said
investigations are ongoing.
The Misuse of Drugs Act provides for the death penalty if the amount of or pure
heroin trafficked exceeds 15g - sufficient to feed the addiction of about 180
abusers for a week, the authorities said.
The Act also provides for the death penalty if the amount of Ice, or
methamphetamine, trafficked exceeds 250g, which is enough to feed the addiction
of about 185 abusers for a week.
"The Home Team agencies will continue to conduct checks on passengers and
vehicles at the checkpoints to prevent attempts to smuggle in undesirable
persons, drugs, weapons, explosives and other contraband," the authorities said
in the statement.
(source: channelnewsasia.com)
BANGLADESH:
Executing Designer Of Death - Analysis
On May 11, 2016, Jamaat-e-Islami (JeI) amir (chief) Motiur Rahman Nizami (75),
who masterminded the formation of the ruthless militia Al Badr that unleashed
terror against Bengalis erstwhile East Pakistan, killed unarmed civilians,
raped women and destroyed properties during the Liberation War of 1971, was
executed at Dhaka Central Jail. Nizami was sentenced to death on October 29,
2014, by the International Crimes Tribunal-1 (ICT-1) after being found guilty
on eight of the 16 charges brought against him. The 4 charges which brought him
the death penalty included involvement in the killing of intellectuals; the
murder of 450 civilians, and the rape of 30 to 40 women in Bausgari and Demra
villages in Pabna District; the killing of 52 people in Dhulaura village in
Pabna District; and the killing of 10 persons and rape of 3 women in Karamja
village in Pabna District. He was also sentenced to imprisonment for life on
the charges of involvement in the killing of Kasim Uddin and 2 others in Pabna
District; torture and murder of Sohrab Ali of Brishalikha village in Pabna
District; torture and killing at Mohammadpur Physical Training Centre in Dhaka
city; and killing of freedom fighters Rumi, Bodi, Jewel and Azad at Old MP
Hostel in Dhaka city.
Nizami had served as Minister of Agriculture in the then Bangladesh Nationalist
Party (BNP)-led coalition Government between 2001 and 2006. He is the 4th JeI
leader to have been hanged for war crimes, after JeI Assistant Secretary Abdul
Quader Mollah (65), known as 'Mirpurer Koshai (Butcher of Mirpur), who was
hanged at Dhaka Central Jail on December 12, 2013; JeI Senior Assistant
Secretary General Muhammad Kamaruzzaman (63), the 3rd most senior figure in the
JeI, who was hanged at Dhaka Central Jail on April 11, 2015, and JeI Secretary
General Ali Ahsan Mohammad Mojaheed (67) who was hanged simultaneously with BNP
Standing Committee member Salauddin Quader Chowdhury (66) at Dhaka Central Jail
on November 22, 2015.
On May 3, 2016, ICT-1 sentenced Gazi Abdul Mannan (88), Nasiruddin Ahmed (62),
Shamsuddin Ahmed (60) and Hafiz Uddin (66) to death; and Azharul Islam (60) to
jail until death. They were all members of JeI. 7 charges were brought against
them and the court found them guilty on all charges. On the 1st charge, the
killing of 8 people in Karimganj on November 12, 1971, Shamsuddin, Nasiruddin
and Mannan were awarded the death penalty, while Hafiz and Azharul were awarded
jail until death. Nasiruddin was the lone accused on the 2nd charge of the
killing of Miah Hossain of Ayla village on November 13, 1971. On the 3rd
charge, Hafiz was given the death sentence, while Shamsuddin, Nasiruddin and
Azharul were awarded jail until death, for the abduction and killing of Abdur
Gafur of Kalatali on September 26, 1971. All the 5 were awarded jail until
death for the abduction, torture and killing of Fazlur Rahman of Atkapara on
August 23, 1971, the fourth charge. Shamsuddin received the death penalty on
the 5th charge, the killing of Paresh Chandra Sarkar of Ramnagar on September
7, 1971. According to the sixth charge, Mannan was involved in the torture and
killing of Abu Bakar Siddique and Rapali Miah on August 25, 1971, and the
tribunal handed down a sentence of imprisonment until death. Mannan was also
given 5 years' rigorous imprisonment on the 7th charge of arson and vandalism
in Atkapara on September 15, 1971.
On February 2, 2016, ICT-1 sentenced to death Obaidul Haque aka Taher (66), an
activist of the Nezam-e-Islam (NeI) and Ataur Rahman aka Noni (62), an activist
of the Muslim League (ML) for killing seven persons on October 19, 1971, and
for killing another 6 after abducting and torturing them on November 15 and 16,
1971. They were also sentenced to imprisonment until death for killing
Liberation War organizer Fazlur Rahman Talukder, and looting and setting on
fire Baushi Bazar on August 17, 1971; and for killing Dabir Hossain on October
4, 1971 after abducting and torturing him. Both were acquitted on 2 other
charges which include grabbing the houses of Moloy Biswas and Shrish Chandra
Sarkar and 'deporting' their family members in mid-May 1971, and for killing 15
persons including teacher Kamini Chakrabarty in early October 1971.
It is useful to recall that, the Sheikh Hasina Wajed led-Government constituted
the ICT-1 on March 25, 2010, with the objective of bringing the perpetrators of
War Crimes to justice, and subsequently, ICT-2 on March 22, 2012, to speed up
the War Crimes Trials. So far, the 2 ICTs have indicted 57 leaders, including
37 from JeI, 7 from the ML, 5 from NeI, 4 from BNP, 2 from Pakistan Democratic
Party (PDP) and 2 from the Jatiya Party (JP). Verdicts against 31 of these
indicted leaders have already been delivered - 23 were awarded the death
sentence while the remaining 8 received life sentences. Five of the 23,
including Nizami, who received the death sentence, have already been executed,
while 18 other cases are currently pending with the Appellate Division of the
Supreme Court.
As in earlier cases, JeI called a countrywide 24-hour hartal (general strike)
on May 11, 2016, protesting the execution of its party chief Motiur Rahman
Nizami. Earlier, JeI, on May 5, 2016, had called for a countrywide 24-hour
hartal, denouncing the Supreme Court's order that upheld Nizami's death
sentence. However, unlike previous hartals called by JeI, protesting against
war crimes' verdicts against party leaders, which had resulted in massive
street violence, these 2 protests were largely ignored across the country and
no major acts of violence were reported. Nevertheless, there were a few minor
incidents, such as the May 11, 2016, protest by cadres of JeI-Islami Chhatra
Shibir ( ICS) who hurled bricks at the Police during a clash at Chawkbazar
Parade Ground in Chittagong city over a gayebana namaz-e-janaza (funeral prayer
in absentia) for Nizami. Some 5,000 JeI-ICS cadres participated in the janaza
led by Chittagong city unit JeI chief Shamshul Islam. Security Forces (SFs)
managed to disperse the JeI-ICS cadres by firing blank shots. No one was
injured in the incident. Further, on May 12, 2016, Police arrested 28 JeI-ICS
cadres in connection with vandalism, arson and sabotage activities, including
16 from Bogra District, 5 from Chittagong District, 4 from Barisal District, 2
from Cox's Bazar and 1 from Gaibandha District.
However, the trend of targeting intellectuals/ activists/ secularists/ or
alleged 'apostates'/ 'blasphemers', which commenced after the Shahbagh Movement
of February 2013 seeking the death penalty for War Criminals of the 1971
genocide, appears to be escalating. 12 persons were killed in 2013; 4 persons
in 2014; and 9 in 2015. Disturbingly, since the beginning of the 2016, 11
intellectuals/ activists/ secularists/ or alleged 'apostates'/ 'blasphemers'
have already been killed across the country by suspected Islamist terrorists.
In the latest of the series of such killings, on May 6, 2016, Mohammad
Shahidullah (65), a pir (revered religious instructor, usually of Sufi
orientation) was hacked to death at Jumarpara village of Tanore upazila
(sub-district) in Rajshahi District. Further, on May 14, 2016, Mawng Shoi Wuu
(70), a Buddhist monk was found dead with his throat-slit with a sharp weapon
at a small monastery at Baishari of Naikhyangchari upazila in Bandarban
District. Earlier, 9 others were killed across the country by suspected
Islamist terrorists. Significantly, out of the 11 murders in 2016, Daesh
(Islamic State, formerly the Islamic State of Iraq and al Sham) claimed
responsibility for 6. Meanwhile, Ansar al-Islam (Sword of Islam), the purported
Bangladesh branch of al-Qaeda in the Indian Subcontinent (AQIS), claimed
'credit' for another 3. No group has yet claimed the remaining 2 killings.
The Shiekh Hasina Wajed Government has, however, blamed the BNP-JeI nexus for
these incidents, describing them as 'secret killings', after the failure of the
Opposition to topple the Government. Prime Minister Wajed thus declared, on
April 30, 2016, "The BNP-Jamaat clique does not want development of the people.
They cannot give anything except burning people to death and destruction. They
have chosen the path of killing teachers and common people selectively."
Rejecting the Prime Minister's claim, BNP Secretary General Mirza Fakhrul Islam
Alamgir stated, on May 13, 2016, "BNP wants trial of those who committed crimes
against humanity during our Liberation War. But the trial will have to be held
in a transparent manner, ensuring international standard."
With the hanging of JeI chief Nizami, the Awami League (AL)-led Government has
once again reaffirmed its determination to honour its 2008 General Election
pledge to bring the War Criminals of the 1971 genocide to justice. The
achievements on this count are already remarkable, but, the frequent attacks on
liberals, secularists and minorities across the country threaten the tenuous
stability that has been achieved in the country. The trials themselves have
deepened the polarization in the country between those intent of defending the
secular identity asserted through the 1971 Independence movement, and those who
seek to introduce a Government purportedly based on 'Islamic' principles. This
rift presents a growing challenge for the Hasina Wajed regime.
(source: * S. Binodkumar Singh Research Associate, Institute for Conflict
Management----eurasiareview.com)
PHILIPPINES:
Reconsider death penalty, Palma appeals
CEBU Archbishop Jose Palma believes the proposed revival of the death penalty
could do more harm than good.
Palma expressed his thoughts on the death penalty following the announcement of
presumptive president Rodrigo Duterte that he plans to revive the death penalty
once he assumes office.
He told Sun.Star Cebu yesterday that while he agrees that criminals must be
punished if found guilty, he fears that the revival of the death penalty could
be prone to injustice, especially for poor prisoners who can't afford to defend
themselves in court.
Palma fears that the revival of the death penalty could cheapen life.
"We must also respect the dignity of the person. He may have committed the
crime, but he is still a person and has right to life. There is also the danger
for many that people will just simplify the way we look at life. It's like
saying that if you commit a crime, you're good as dead," he said.
While some people think that the death penalty is an effective deterrent
against crime, Palma believes the rehabilitative approach is still the better
way of dealing with criminals.
"Unta, that punishment should be medicinal or rehabilitative. We punish the
criminal but it must be to the effect that the one being punished regrets his
crime and becomes a better person," he said.
Palma urged Duterte to reconsider his decision and instead of reviving the
death penalty, the presumptive president must push for a more effective
judiciary and penal system that truly implements justice, whether for the rich
and poor criminals.
He also prays for Duterte to appoint in his Cabinet those people who will steer
him to the right direction.
Last Monday, Duterte said that he plans to impose the death penalty as a way to
deliver his campaign promise to deter criminality around the country.
Aside from the death penalty, Duterte plans to organize a "special group"
within the barangays that will suppress the illegal drug trade at the
grassroots.
(source: Sun Star)
***********
Duterte wants to restore death penalty by hanging
Presumptive President-elect Rodrigo Duterte has vowed to reintroduce death
penalty "by hanging" in the country as part of his relentless fight against
crime.
Speaking to reporters in Davao City Sunday night, Duterte said he would ask
lawmakers to approve the death penalty for heinous crimes, such as drug-related
offenses and rape.
"What I would do is urge Congress to restore [the] death penalty by hanging,
especially if you use drugs," Duterte said.
The tough-talking Davao City mayor said he would also give the government
security forces "shoot-to kill" orders against those who will resist arrest
violently.
"I said if you resist the arrest, tapos you offer a violent resistance, my
order to the police or the military is to shoot-to-kill," he said.
The 1987 Constitution restored the death penalty for henious crimes under
then-President Fidel V. Ramos, but it carried out 7 times under then-President
Joseph Estrada.
Estrada's successor, Gloria Macapagal Arroyo, repealed the death penalty law in
2006.
Duterte has vowed a "bloody war" against criminals, particularly drug dealers,
as he sought to bring to the entire country the anti-crime drive that, he said,
has made Davao City attractive to investors.
During his campaign for the presidency, Duterte had vowed to "fatten the fish"
in Manila Bay with the dead bodies of criminals.
When asked why he was hell-bent on wiping out criminals off the country's
streets, Duterte explained: "We have a society now where obedience to the law
is really a choice, an option only."
(source: Manila Times)
*****************
'Restore death penalty by hanging'
Philippine President-elect Rodrigo Duterte said yesterday that he will ask
Congress to restore capital punishment, as he vowed to pursue his pledge to
wage a devastating war on crime.
"What I would do is urge Congress to restore the death penalty by hanging," he
told reporters.
"Rape, plus death of the victim, must be death penalty. Kidnapping with ransom,
and then death of the victim, must be death penalty," he declared.
"Robbery with homicide with rape, double the hanging. After you hang them,
there will be another ceremony for another time. Until the head is completely
severed from the body. I would like that because I'm angry."
In a news briefing late on Sunday, Mr Duterte said he would also give security
forces "shoot-to-kill" orders against organised criminals or those who resist
arrest violently.
GETTING TOUGH ON CRIME
What I would do is urge Congress to restore the death penalty by hanging. Rape,
plus death of the victim, must be death penalty. Kidnapping with ransom, and
then death of the victim, must be death penalty. Robbery with homicide with
rape, double the hanging.----MR RODRIGO DUTERTE, Philippine President-elect.
"If you resist, show violent resistance, my order to police (will be) to shoot
to kill," he said.
He named 3 former Davao police chiefs - who helped him prosecute a brutal
anti-crime campaign in the southern city - as possible candidates for head of
the 160,000-strong national police force.
The 71-year-old Mr Duterte built his reputation on having transformed Davao -
during his reign as mayor for more than 3 decades - from being a battleground
of vigilante groups and communist partisans to one of the safest cities in the
Philippines.
The body count in his brutal campaign against crime, however, exceeded 1,000,
and Mr Duterte himself admitted having had a hand in some death squad-style
summary executions.
The Philippines' human rights commission and Catholic Church said yesterday
that they would oppose any effort to restore the death penalty.
"Our current position is that the death penalty is contrary to human dignity
and human rights," said human rights commission chief Luis Martin Gascon.
Archbishop Oscar Cruz, head of the Catholic Bishops' Conference of the
Philippines, said the church in the Catholic-majority country "would not stand
for it".
"The state did not give life to anyone, so it cannot take life from anyone.
That is clear," he said.
Turning to another cornerstone pledge, Mr Duterte repeated that he would pursue
peace talks with Marxist guerillas and would offer, as an olive branch,
government roles to the Communist Party of the Philippines, including its
exiled founder Jose Maria Sison.
He said he was offering the labour, social welfare, environment and agrarian
reform ministries to the communists as part of the effort to end one of the
longest-running insurgencies in the world.
(source: straitstimes.com)
**************************
Senators ready to start debate on death penalty
Senators yesterday said they are ready to start the debates on the proposal of
presumptive president Davao City Mayor Rodrigo Duterte's to reinstate the death
penalty especially for high profile drug lords and criminals.
Senator Juan Edgardo "Sonny" Angara said he is willing and ready to listen to
committee level discussions on the proposal, which he expects to be one of the
top agenda of the incoming 17th Congress.
"We are willing to listen to the debate on both sides but what is crucial
really is we improve law enforcement capabilities and improve our justice
system)," Angara said in a text message.
Re-elected Senator Panfilo "Ping" Lacson said he is fully supportive of the
revival of the death penalty especially for big-time criminals.
Lacson, however, said he rejects public executions for these hardened criminals
since that would be socially unacceptable.
"I'm fully supportive of the revival of the death penalty especially for big
time drug lords and heinous crime offenders, but not in the manner being
suggested such as by hanging," Lacson said in a text message.
"Aside from being inhuman, I don't want out people, much less our children to
witness medieval age-like executions even of the most notorious criminals," he
also said.
(source: tempo.com.ph)
**********************************
Majority of polled INQUIRER.net readers favor death penalty
Most INQUIRER.net readers were in favor of reviving the death penalty in the
Philippines, according to the results of INQUIRER.net???s Facebook and Twitter
polls.
INQUIRER.net on its social media pages asked netizens on Monday evening whether
or not they were in favor of bringing back capital punishment in the country.
In the Facebook poll, 83 % of 1,434 votes were in favor of bringing back the
death penalty while only 17 % opposed it.
On Twitter, 67 % of 3,474 favored the revival of the death penalty while 33 %
expressed opposition.
On Monday, presumptive President Rodrigo Duterte said the death penalty must be
re-imposed during his administration to deliver his promise of cracking down
criminality and illegal drugs in the country.
Duterte said he wanted to restore the death penalty for drug-related crimes,
rape, robbery, car-jacking, carnapping or vehicle robbery, and plunder.
Human rights groups and the Catholic Church have said that they would block any
move to restore the death penalty in the country.
But Duterte was firm in his stand, saying he was ready to stake his life and
honor and even the presidency to fulfill his vow of ending crime within the
first 3 to 6 months of his administration.
(source: inquirer.net)
**********************
Restoration of capital punishment: Time for debate?
Presumptive president Rodrigo Duterte believes Filipinos need an iron-fist
style of leadership and "to rid the country of criminals" he said he is open to
the restoration of death penalty.
It looks like debates on the matter will be revived during the 17th Congress,
according to Duterte's ally Sen. Aquilino "Koko" Pimentel III.
"What is important is that we get to know the positions of the lawmakers on the
issue. And all of us should be ready for pressure from outside of Congress,
there are groups in favor and there are groups who are against death penalty,"
said Pimentel in a phone interview with CNN Philippines.
Anti-crime watchdog Volunteers Against Crime and Corruption (VACC) supports the
idea that imposing death penalty is crucial in deterring crime.
It has been a decade since former president Gloria Macapagal Arroyo signed a
law repealing the death penalty.
VACC chairman Dante Jimenez is hopeful capital punishment will be restored
under the Duterte presidency.
"That will be the ultimate fear of criminals, you know. 'Yan ang
pinaka-kinakatakutan ng mga criminals," Jimenez told CNN Philippines.
[Translation: That will be the ultimate fear of criminals, you know. That is
what criminals are scared of the most.]
However, sociologist Clifford Sorita said Filipinos are still inclined to
oppose death penalty, despite the people's clamor for effective crime
management.
Sorita explained the Philippines is a predominantly Catholic nation and the
belief promotes humane or less non-vindictive punishment.
He claimed studies show there is no direct correlation between having death
penalty and criminality.
"Pag pinag-aralan mo maigi, minsan, ang kriminalidad iba ang ugat na maski sige
takutin mo ng death penalty, mangyayari at mangyayari pa rin iyon," Sorita
said.
[Translation: If you take a closer look, sometimes, criminality has varying
roots that even when you scare them off through death penalty, the inevitable
will still happen.]
For his part, Pimentel is sure the issue will get its day in the Senate, though
he said he cannot predict how the vote will go, since there is no prevailing
opinion on the matter as of yet.
*************************************
Death penalty 'by hanging' divisive -- Belmonte
Speaker Feliciano "Sonny" Belmonte Jr. yesterday branded as "divisive" to
presumptive President-elect Rodrigo "Digong" Duterte's call for national unity
his planned re-imposition of death penalty "by hanging" especially on
drug-related crimes.
While he did not categorically say that he is against the restoration of death
penalty, Belmonte sought to strengthen the country's criminal justice system
first.
"A very divisive issue in the House," Belmonte, vice president of the ruling
Liberal Party (LP), said in an interview after Duterte pushed for the revival
of death penalty for heinous crimes including robbery with rape. Earlier,
Belmonte rejected death penalty in response to the proposal of Sen. Vicente
"Tito" Sotto III to revive capital punishment for drug trafficking and rape
with murder.
"It won't fly because it is not the answer to the rising incidence of crimes in
the country," Belmonte, a lawyer, said in a previous interview.
Nevertheless, Belmonte, who vowed to run for the speakership of the incoming
17th Congress, reiterated his cooperation and unity with Duterte to push his
programs and legislative agenda.
"We will be supportive of the Duterte administration," said Belmonte who
earlier vowed to establish strong support to the "super majority" of Duterte
allies in the House of Representatives.
Buhay Hayaang Yumabong (Buhay) party-list Rep. Lito Atienza echoed Belmonte's
statement that the proposal of Duterte will not be good to his call for
national unity.
"Huwag muna siyang (Duterte) magbigay ng priority sa death penalty. This is a
divisive issue. Death penalty will be disuniting issue that will hamper the
beginning of his administration," said Atienza.
"Ang national attention will focus on this issue. Hindi maganda sa pagsisimula
ng kanyang administration," said Atienza.
Atienza also stressed that the absence of death penalty law has no connection
to the rising criminality in the country.
"There's no doubt whatsoever about the breakdown in the country's peace and
order situation, however we don't see the re-imposition of the death penalty as
an effective antidote to this problem," Atienza pointed out.
Republic Act (RA) No. 7659 or the Death Penalty Law was abolished in 1986
during the term of former President Corazon Aquino.
It was revived by former President Fidel V. Ramos in 1993, and was suspended
again in 2006 by then President Gloria Macapagal-Arroyo.
(source: journal.com.ph)
MALAYSIA:
1,041 criminals appealing death sentence
A total of 1,041 criminals are currently in the process of appealing their
death sentences, says Minister in the Prime Minister's Department Nancy Shukri.
According to Nancy, their death sentences have not been carried out because
their cases are in the process of appeal in court or their respective State
Pardons Boards.
This was stated in a written reply to Ramkarpal Singh (DAP-Bukit Gelugor) in
Parliament today after he asked about the number of criminals facing the death
penalty and whether the government intends to carry out a moratorium on their
sentences, considering its announced intention to eliminate the death penalty.
"Malaysian Prison Department statistics, as of May 16, show that 1,041
criminals have been sentenced to death for crimes related to murder, drug
offences, weapons and kidnapping," said Nancy.
To Ramkarpal's question on the moratorium on the death penalty, Nancy said that
a decision had not yet been made because the government was still conducting
studies on the mandatory death penalty via the Attorney-General's Office on the
related legal issues, policies and its effectiveness.
"A policy decision on the matter will be based on the result of the studies,"
said Nancy.
According to Amnesty International's Death Sentences and Executions 2015
Report, at least 1,634 people were executed last year. This represented a 54%
increase in the number of executions compared with 2014.
In Malaysia, the mandatory death penalty is handed down for certain drug
offences, murder, use of firearms and treason.
(source: freemalaysiatoday.com)
****************
Duo's appeal against death sentence July 18
The Court of Appeal will on July 18 hear the appeal by 2 men from Johor against
their death sentence for drug trafficking.
Justices Dato' Umi Kalthum Abdul Majid, Dato' Abdul Rahman Sebli and Harmindar
Singh Dhaliwal fixed the date for Eswaran Susop and Jaswant Singh, both 24,
whowere brought to the court Monday for hearing of their cases.
Earlier, Jaswant's counsel Ram Singh applied for another date on the grounds
that they have yet to receive from Putrajaya exhibits and several documents as
they wanted these to be produced in court.
Both appellants were on Oct 23, 2013 found guilty by the High Court here and
sentenced to death.
Eswaran and Jaswant were found to have trafficked 770.8gm and 780.2gm of syabu,
respectively at 1pm on March 18, 2012 at the arrival hall of Terminal 2 in the
Kota Kinabalu International Airport here.
The offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952 carries the
death penalty on conviction.
Eswaran was represented by counsel Ridweandean Borhan.
Meanwhile, the prosecution's appeal against the conviction and 14 years' jail
sentence of a private school teacher for having 959.5gm of syabu has been
adjourned to Sept 19.
Counsel Dato' Sri Rakhbir Singh, who represented the respondent Suhailah
Abdullah applied for an adjournment as he had not received any instruction from
her regarding the case.
No objection was raised by the prosecution.
The prosecution is appealing against the reduction of Suhailah's charge from
drug trafficking under Section 39B(1)(a) of the Dangerous Drugs Act which
carries the death penalty to a lesser charge of possession.
Suhailah, 41, was on March 17, 2015 sentenced to 14 years' jail by the High
Court after she pleaded guilty to the offence committed at 11.15am on May 27,
2013 at the International Arrival Hall, Terminal 2 of the Kota Kinabalu
International Airport here.
The amended charge under Section 12(2) of the Dangerous Drugs Act 1952 is
punishable under Section 39A(2)??? of the same Act, which provides for
imprisonment for life or not less than 5 years and liability of whipping of not
less than 10 strokes.
(source: Daily Express)
INDONESIA:
Foreigners get death penalty for drug trafficking
The High Court here yesterday sentenced a Cambodian man and a Vietnamese woman
to death for trafficking dangerous drugs in 2013.
In his judgment, Judge Lee Heng Cheong said having re-evaluated the
prosecution's case, the court found that both their testimonies did not cast
reasonable doubt.
"In the light of this court's above findings, this court finds that the
prosecution had succeeded in proving the 2 charges against both the accused
beyond reasonable doubt.
"In the premises, this court finds both the accused guilty of the charges
preferred against them respectively. In the light of this court's convictions
of both accused, this court thus sentenced both accused to death, by hanging by
the necks until they are dead in accordance with the only sentence provided by
39B of the Dangerous Drugs Act 1952," he said adding all grounds would be given
later.
Cambodian Kong Rin was convicted of trafficking over 2.22kg of methamphetamine
in front of the exit gate at the arrival hall of Sibu Airport at 11.38am on Nov
27, 2013.
Vietnamese Nguyen Thi Kim Tuyen was convicted of trafficking over 2.15kg of
methamphetamine in front of the exit gate at the arrival hall of Sibu Airport
at 11.40am on the same day.
Both charges were framed under Section 39B (1)(a) of the Dangerous Drugs Act
1952 and punishable under Section 39B(2) of the same Act.
(source: The Borneo Post)
***********************
Death penalty has no deterrent effect, say Indonesian activists
The number of drug convicts keeps rising despite the implementation of the
death penalty in Indonesia, showing that capital punishment is not that
effective in fighting drug-related crime, activists have said.
At least 16 NGOs grouped in the Anti-Death Penalty Civil Society Coalition told
a press conference that the death penalty was not the solution to addressing
crime in Indonesia, especially crime related to drugs.
The coalition's statement comes ahead of the third round of executions of drug
convicts, which many expect to be conducted very soon.
Indonesian Drug Victim Advocacy Brotherhood ( PKNI ) head Totok Yulianto said
there had been a rise in the number of drug convicts despite the executions
carried out in 2015.
Under the administration of President Joko "Jokowi" Widodo, the government has
conducted 2 rounds of executions.
6 death row inmates were executed on January 18 last year, followed by 8 more
in the 2nd round on April 29, 2015 Totok said there were 65,566 drug convicts
recorded in January 2015, adding that that number had rose to 67,808 people by
May 2015.
"Even though the government had carried out executions in January and April.
This shows that the death penalty does not create a deterrent effect. This is
data from the directorate general of corrections," Totok said, as quoted by
Kompas.com on Wednesday.
Correcting behaviour
Impartial director Al Araf said punishment in the modern era no longer followed
the principle of retaliation; rather, it was aimed at correcting the behavior
of someone who has broken the law.
"We do not support criminal acts at all. We reject the death penalty and
instead lean more toward life sentencing, because the death penalty clearly
violates human rights principles," he said.
Given the nation's fragile justice system, procedural violations in the
implementation of the death penalty were still common, Araf added.
Citing the example of Zainal Abidin's case, whose appeal was rejected almost
immediately, Araf suggested this was because the convict, found guilty of
possessing 58.7 kilograms of marijuana in 2000, had already been listed in the
2nd round of executions.
"Just imagine, the legal process hadn't yet finished, and when he lodged his
appeal it was rejected within 4 days. This is clearly outside of the principles
of justice," he added.
Meanwhile, police have said the 3rd round of executions was ready to be carried
out in May 2016. The firing squad has been prepared for the execution of 15
drug convicts.
The Central Java police, in charge of Nusakambangan prison island where the
convicts will be executed, said it was awaiting instructions from
Attorney-General Muhammad Prasetyo.
So far, the Attorney-General's Office has not disclosed the execution date or
the identities of the convicts.
(source: asiapacificreport.nz)
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