May 19
UNITED NATIONS:
UN's rights chief urges firms to follow Pfizer's lead on death penalty
U.N. High Commissioner for Human Rights Zeid Ra'ad al Hussein praised Pfizer on
Thursday for banning sales of its chemicals that have been used for lethal
injections in some U.S. states, and urged other companies to follow its lead.
Zeid said Pfizer's stance was "heartening" but said there were other companies,
beyond the pharmaceutical industry, that could be facilitating the death
penalty. He also urged governments not to resort to "questionable sources" for
the drugs used in lethal injections.
(source: channelnewsasia.com)
AUSTRALIA:
Let's not rest until the death penalty is a thing of the past around the world
In a sane world, shouldn't the right to life trump political expediency?
Apparently not: given the addiction of some countries to the death penalty, and
the possible re-introduction of capital punishment by some of our neighbours in
the region.
Issues around capital punishment reverberated throughout our community last
year, with the execution of Myuran Sukumaran and Andrew Chan, 2 Australians who
spent 10 years on death row in Kerobokan prison. The bipartisan position of the
Australian Parliament, as well as the pleadings of many in the international
community did little to persuade the Indonesian President to show mercy.
I remember all too well the conditions of death row from when I visited members
of the Bali Nine at Denpasar.
Having met with Myuran, Andrew and Scott Rush and some of their families I also
witnessed first-hand, what can only be described as a successful
rehabilitation: Myuran an accomplished Artist and Andrew a prison Counsellor
and religious Pastor.
If anything, this should have been seen as an example of the accomplishments of
Indonesia's correctional system - proof that people can turn their lives around
and make a positive contribution to society, even after going down such a dark
path. Instead, it resulted in two funerals, no social benefit and two deeply
grieving families, innocent of any wrongdoing.
Together with Phillip Ruddock, I have been the convenor of Australian
Parliamentarians Against the Death Penalty and sought to publicly advocate for
the right to life and arguing that capital punishment is not the answer. Most
credible criminal justice research shows that the death penalty does not deter
crime.
Partly due to the diplomatic fall out following the 2015 executions, which
included the execution of a Brazilian man with mental health issues, the
Indonesian Government placed a moratorium on further executions. But it didn't
last long.
"It is clear that we have a long way to go with our efforts to preserve the
right to life. As Parliamentarians and community leaders, I believe we have a
moral and legal obligation to advance the cause of global abolition of this
cruel, inhumane and degrading punishment."
Indonesian Attorney-General H.M Prasetyo has recently confirmed that executions
will resume in the near future. The government has already moved 3 prisoners,
to Nusakambangan Island, better known as 'Death Island,' a facility reserved
for executions by firing squad. According to Amnesty International, around
10-15 people are being considered for the next round of executions which
include both Indonesian and foreign nationals.
Astonishingly, Yusman Telaumbanua, currently on death row in Indonesia for a
crime he committed when he was 16, was sentenced to death as a child, not at
the request of the prosecution but of his own lawyer. This in itself would have
set the alarm bells ringing for any reasonable person let alone members of the
Judiciary.
The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
clarified in his 2012 report that the death penalty "may only be imposed for
crimes that involve intentional killing." This effectively limited its
application to premeditated murder and certainly not crimes of passion. Clearly
these views are being ignored in favour of domestic political posturing.
The Philippines, largely a Catholic country, abolished capital punishment in
2006. But for rank popularism, President-elect Rodrigo Duterte indicated he
will re-introduce the death penalty. During his election campaign, Duterte
issued a series of inflammatory statements that contravenes the Philippines???
international human rights obligations, including his promise to reduce crime
rates by shooting suspected criminals.
He also says he would 'execute 100,000 criminals and dump them into Manila
Bay.' It is worrying to see in such an emerging nation that political leaders
are still looking for the future in the rear view mirror. Re-introducing such
barbaric and archaic measures when there is clearly no evidence to prove that
the death penalty reduces crime shows little vision in a civilised world.
Although the trend is clear as 140 nations have now abolished the death
penalty, 5 countries including China, Iran, Saudi Arabia, Iraq and the United
States account for the majority of executions. While China keeps its numbers
secret, according to Amnesty International, it suggests the figure is in excess
of 2,000 people. Nevertheless, 2015 saw the highest number of executions
worldwide since 1989.
The Joint Standing Committee on Foreign Affairs, Defence and Trade presented a
report to the Australian Parliament this month entitled 'A world without the
death penalty: Australia's advocacy for the abolition of the death penalty. I
gave evidence to the committee regarding the importance of active participation
in this debate and not being bashful when asserting values held dear by
Australians, particularly when engaging foreign governments. The report makes a
number of important recommendations including that Australia should allocate
additional resources in assisting efforts of the world wide abolition of the
death penalty.
It is clear that we have a long way to go with our efforts to preserve the
right to life. As Parliamentarians and community leaders, I believe we have a
moral and legal obligation to advance the cause of global abolition of this
cruel, inhumane and degrading punishment.
I think the former Chief Judge of the South African Constitution Court, Ismail
Mohammed, expressed it best when he said, "The death penalty sanctions the
deliberate annihilation of life ... it is the last, the most devastating and
the most irreversible recourse of the criminal law, involving," as it
necessarily does, "the planned and calculated termination of life itself; the
destruction of the greatest and most precious gift which is bestowed on all
humankind."
(source: Commentary; Chris Hayes is the Labor MP for Fowler----sbs.com.au)
INDONESIA:
New hope emerges for Indonesia death row inmates----Government official says
probation scheme could see sentence commuted if enough remorse is shown
The death penalty in Indonesia will not be abolished but condemned inmates
could avoid the firing squad if they show enough remorse for their crimes while
awaiting execution, a government official said May 18.
The government is to propose handing death row inmates a 10-year probationary
period, according to Enny Nurbaningsih, an official of the ministry of law and
human rights.
"It is hoped they will show enough remorse so that their sentence can be
reduced to life imprisonment," she told a May 18 seminar in Jakarta titled:
"Death Penalty in a Democratic Nation."
"The emphasis is that the death penalty is only the last resort," she said.
Indonesian pro-life groups in cooperation with the Catholic bishops' conference
and the Catholic University of Atma Jaya organized the seminar in which many
speakers called for the abolition of the death penalty.
According to Asas Tigor Nainggolan, coordinator of the pro-life groups, the
government was preparing to execute 14 death row inmates by firing squad this
year, although the dates of the executions and the names of those to be
executed had yet to be confirmed.
Last year at least 14 people, many of them foreigners, were executed. Most were
condemned to death for drug trafficking in line with a policy laid down by
Indonesian President Joko Widodo to execute all drug traffickers.
2 people who escaped execution last year were French national Sergei Areski
Atlaoui and Mary Jane Veloso of the Philippines. They were reprieved, as they
had to undergo legal processes in their respective countries.
Some at the seminar saw the possible government proposal to lay down a 10-year
probation period as a positive step, but many called for the complete abolition
of the death penalty, calling capital punishment a product of an imperfect and
unjust legal system.
Laws are not perfect and judges can make mistakes, Archbishop Ignatius Suharyo
of Jakarta, told participants.
"Don't be too confident. When you think that laws are perfect, that is the
beginning of injustice," the archbishop said.
"Trials can be misleading," added the president of the Indonesian bishops'
conference.
Jesuit Father Franz Magnis Suseno, a philosophy professor at Jakarta's
Dryarkara School of Philosophy, said the death penalty should be abolished
because it is an instinct for revenge.
The problem is that once it is done it is irrevocable. "We have to realize that
judges can make mistakes, too," the German-born priest said.
According to Father Suseno, death penalty has not proven to have a deterrent
effect.
(source: ucanews.com)
****************
Death row grandmother Lindsay Sandiford sends letter thanking her supporters as
she faces death by firing squad in Indonesia
A British grandmother facing execution in Indonesia has sent a letter thanking
her supporters amid fears she could be killed by firing squad within weeks.
Lindsay Sandiford from Redcar on Teesside, has been on death row since December
2012 after attempting to smuggle cocaine into Bali after arriving on a flight
from Bangkok.
The 59-year-old admitted smuggling 4.8kg (10.6lb) of the drug but said she was
pressured by a smuggling gang.
Today, Miss Sandiford released a letter which was posted on Twitter by her
friend Denise Stepo, also known as Dee, where she said she was overwhelmed by
the support she has received.
The letter reads: 'Dear friends and supporter, this week has been a good week.
I am delighted to see my good friend Dee.
'Was lovely to have her here albeit the time has been short.
'I also wanted to thank you for your messages of love and support.
'I am overwhelmed with your kindness. I want to say a massive thank you to all
my Indonesian friends and supporters I am amazed by your caring. This has
really touched me.
'Please feel hugged, much respect, Lindsay.'
Ms Stepo posted an image of the letter on Twitter with the caption: 'Message
from Lindsay to her many supporters... time to abolish #deathpenalty globally.'
The letter comes weeks after it was feared that her death could be imminent as
Indonesia is in the final stages of preparing for a new wave of executions on
its infamous Nusa Kambangan island.
President Joko Widodo had said last year he would not authorise any more
executions pending efforts to revive the economy, which was growing at its
slowest pace in 6 years.
However, last week, Indonesian attorney general suggested a resumption of
executions was possible.
. (source: dailymail.co.uk)
*****************
Executions in Indonesia may be delayed until after Ramadan
Indonesian Attorney-General Muhammad Prasetyo has flagged the latest round of
executions in the country may be delayed until after the Islamic fasting month
of Ramadan.
The nation has been on tenterhooks over the timing of the executions, with
various officials indicating they could be held within days.
Mr Prasetyo had earlier said the preparations had all been made and it was
merely a matter of choosing the day.
The firing squads had been prepared, spiritual counsellors appointed and
prisoners on death row transferred to Nusakambangan, known as Indonesia's
Alcatraz, where the executions will take place.
But when asked on Wednesday night if he would wait until after the fasting
month was over, Mr Prasetyo said: "Well, maybe. Well, executing (during)
fasting (month) is not good, is it? And on the 25th there is still (someone)
who will lodge a judicial review."
Mr Prasetyo has previously indicated he would like to see drug kingpin Freddy
Budiman, who will appear in court on Wednesday, included in the third wave of
executions.
Freddy was sentenced to death in 2013 for importing ecstasy after police seized
1.4 million pills.
However he infuriated authorities by continuing to run a drug syndicate
spanning 3 countries - Netherlands, Pakistan and Indonesia - behind bars.
The numbers to be executed have fluctuated, with Central Java police spokesman
Alloysius Liliek Darmanto most recently indicating 15 drug offenders would be
killed.
He even suggested the nationalities to local reporters - Indonesians, Chinese,
a Pakistani, Nigerians, Senegalese and a Zimbabwean - although he was later
slapped down by Mr Prasetyo, who said the final decision was his and it hadn't
been made.
On Wednesday night, Mr Prasetyo again said there was no fixed date and the
number of people had not been decided either.
"We'll just wait until the last moment because again we want to better prepare
and be more successful in the implementation," he said.
Amnesty International recently said some of the death row prisoners at risk of
being executed did not receive a fair trial and their cases were emblematic of
systemic flaws within the Indonesian justice system.
"President (Joko) Widodo has the chance to show true resolve by halting these
executions and ordering a full independent review of all death penalty cases,"
said Rafendi Djamin, director of Amnesty International's South-East Asia and
Pacific Regional Office.
14 drug offenders were executed in Indonesia last year, including Australians
Andrew Chan and Myuran Sukumaran.
(source: smh.com.au)
SINGAPORE----impending execution
Convicted murderer Jabing Kho loses appeal against death sentence
Convicted murderer Jabing Kho has had his 2nd 11th-hour appeal against his
death sentence turned down on Thursday (May 19) afternoon. The 31-year-old
Sarawakian had his case dismissed by the Court of Appeal and an application for
a stay of execution has been filed by lawyer Jeannette Chong-Aruldoss.
The dismissal comes a day before he was reportedly due to face the hangman's
noose. It is unclear if he will be executed on Friday.
The appeal which was dismissed on Thursday was filed by Mr Gino Hardial Singh
of Prestige Legal on the basis that Judge of Appeal Andrew Phang had been
involved in 2 stages of Kho's case.
Mr Singh noted that Justice Phang heard Kho's 1st appeal in 2010 and again in
2013, in the prosecution's appeal against the offender being re-sentenced to
life imprisonment with the maximum 24 strokes of the cane.
"The apparent bias arises not from the mere fact that Justice Phang sat twice
but because the judges' perception of the accused's intention or recklessness
arising out of the factual issue of the number of physical blows dealt to the
victim was in issue in the conviction appeal and also in issue in the
re-sentencing appeal, so in effect, Justice Phang was sitting on an appeal
against his own decision on that issue," the lawyer said on Wednesday, when
contacted.
In dismissing the appeal on Thursday, the 5-man court dismissed the argument,
pointing out that the 1st hearing involved a challenge on the conviction while
the second involved a challenge on the new sentence Kho got. Kho was
re-sentenced because of changes to the mandatory death penalty regime, giving
judges the discretion to impose offenders in certain types of murder to life
imprisonment instead of death.
The judges noted that if not for the resentencing triggered by the legislative
changes, the same set of judges would have heard the case. Therefore, there was
no issue of apparent bias, as argued by Mr Singh.
Mr Singh, who is taking the case on a pro bono basis, said he was briefed by
Kho's sister, Jumai, on Tuesday morning and interviewed the offender at Changi
Prison the same afternoon to take his instructions. Various Malaysian media
outlets have reported that Kho's family had been informed that the execution
would be carried out on Friday.
Kho had carried out a fatal robbery with a fellow countryman in 2008 and was
sentenced to the mandatory death penalty. Together with Galing Anak Kujat, he
had attacked construction workers Cao Ruyin and Wu Jun near Geylang Drive while
trying to rob them. Kho struck Cao on the head with a tree branch so hard that
the victim sustained 14 fractures in his skull and died 6 days later.
His roller-coaster court bid began in 2011 when he failed in his appeal against
the sentence, only to be spared the hangman's noose 2 years later when
amendments to the mandatory death penalty regime kicked in. The change gave
judges the discretion to impose life imprisonment and 24 strokes of the cane
instead in some murder cases. Justice Phang was among the 3 judges in this
appeal.
But the prosecution appealed against Kho's new sentence, arguing that he had
shown "scant regard for human life". In January last year, Kho was sentenced to
death again in a rare 3-2 split decision by the Court of Appeal, with Justice
Phang among those in the majority camp.
Kho's appeal for clemency was turned down in October.
But 24 hours before he was to hang in November 2015, his lawyer then, Mr
Chandra Mohan K Nair, secured a stay of execution by raising questions about
the evidence presented during the trial.
The appeal was dismissed, with Judge of Appeal Chao Hick Tin ruling that the
defence had produced very little new material, let alone compelling material,
that would justify the "exceptional recourse" of a review of the death sentence
handed down.
(source: todayonline.com)
**************
Singapore to execute Malaysian tomorrow: family
In a news conference late Tuesday, his sister Kho Jumai, 27, said the family
was told in a letter from the Singapore Prisons Service that her brother would
be executed on May 20.
Executions are normally carried out at Changi Prison before dawn on Fridays in
Singapore.
The prison did not immediately respond to AFP's requests for confirmation of
the execution date.
Only the Singapore president, on the advice of the cabinet, can grant clemency.
The president said last week that he will not grant clemency although the
family is pleading for a last minute reprieve."I've done everything I can, I've
sent letters all over the government, to anyone who would listen. Whether the
letters were really received, I don't know because I don't have much
education," said Kho's mother Lenduk Baling, speaking through an interpreter.
Malaysia also has capital punishment, executing murderers and drug traffickers
by hanging, a system like in Singapore that dates back to British colonial
rule.
Amnesty International Malaysia and Human Rights Watch have both released
statements calling on Singapore to halt the execution and review the case.
After Kho was sentenced to death in 2010, Singapore amended its mandatory death
penalty for murder, giving judges the discretion to impose life imprisonment
under certain circumstances.
His case was reviewed and Kho was re-sentenced to a life term in 2013.But after
an appeal by prosecutors, Kho's death sentence was reinstated in January 2015.
An appeal was thrown out by a 5-judge court last month, setting the stage for
Friday's hanging.Singapore executed four people in 2015, one for murder and 3
for drug offences, according to Singapore prison officials.
Rights groups have called on Singapore to abolish capital punishment but the
government has rejected such calls, arguing death sentences are a deterrent to
crime.
(source: asiaone.com)
PAKISTAN:
Pakistan Supreme Court to Consider Case of Juvenile Facing Hanging
Judges will tomorrow consider the case of a prisoner who could be hanged at as
little as 3 days' notice, despite evidence that he was arrested as a child.
Muhammad Anwar was arrested when he was just 17 years old, and subsequently
sentenced to death on murder charges. Although his birth certificate shows that
he was a juvenile when arrested, he continues to be held under sentence of
death, in violation of both Pakistani and international law.
An execution warrant was issued for Anwar on 12 December last year, but the
process was stayed at the last minute by the courts to allow the issue of his
juvenility to be considered. His lawyers will tomorrow ask the Supreme Court to
ensure that Pakistan's Government complies with its legal obligations and
commutes his death sentence.
Anwar was sentenced to death in 1998, 5 years after his arrest, and has now
spent 23 years facing execution. In 2000, Pakistan introduced laws intended to
bring it into line with international law banning the use of the death penalty
against children. The country's President subsequently decreed in 2001 that
anyone facing the death penalty for offences committed when they were a child
should have their sentence commuted to life.
Anwar's family have since made a number of attempts to have his death sentence
commuted, in line with Pakistani law, but no final decision has been taken by
the authorities. They are now appealing to the Supreme Court in the hope that
it will correct this historic mistake and ensure Anwar's death sentence is
commuted.
The nature of Pakistan's death penalty system means that Anwar could face
execution with as little as 3 days' notice of receiving a 'black warrant,'
which could be handed down at any time.
Maya Foa, Director of the death penalty team at international human rights
organization Reprieve said: "Anwar and his family have spent years trying to
get someone to take a proper look at the evidence of his juvenility. The bottom
line is that he simply should not be facing execution under either Pakistani or
international law. However, he has been the victim of bureaucratic incompetence
by the Pakistani Government, and as a result his case has fallen between the
cracks. The Supreme Court now has the chance to correct this historic wrong and
commute his sentence."
Reprieve is a UK-based human rights organization that uses the law to enforce
the human rights of prisoners, from death row to Guantanamo Bay.
(source: commondreams.org)
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