June 24
SRI LANKA:
Foreign Minister Calls on Leaders to Have Courage to Abolish Death Penalty
According to Foreign Minister Mangala Samaraweera Legislators and jurors in
Asian states including Sri Lanka, where the death penalty is yet to be
abolished are unwilling to take the necessary steps to abolish the death
penalty.
Addressing the 6th World Congress against the Death Penalty at Opera House of
Oslo yesterday the foreign minister said, "The unwillingness is expressed as
they fear the knee-jerk reaction of a un-informed public opinion".
According to the Minister the common challenge faced by them today is
persuading the respective people. Perhaps more importantly is having the
collective courage to lead by acting.
However, changing public opinion is a time consuming and resource intensive
process. And the evidence points out that, despite persistent advocacy, public
opinion on the subject of the death penalty is relatively static in many
countries.
Therefore, overcoming this key challenge requires an act of political courage.
According to the Minister, the Momentum is slowly building in Asia, where
statistically more executions take place than anywhere in the world combined.
In South-East Asia the number of executions has declined significantly, in
South Asia there have been both short and long de facto moratoria.
In 2007, twenty four Asian states voted against the UN Resolution on a Death
Penalty Moratorium.
In 2014 that number had declined to 18.
The Minister added that Minister of Justice has informed Parliament that Sri
Lanka will return to its traditional position of voting in favor of this
resolution as it did in 2007, 2008 and 2010 and, more importantly, continuing
with the 4 decades long de facto moratorium.
During his speech, the Minister pointed out occasions, where through history
measures had been taken by Sri Lanka to abolish the death penalty.
(source: hirunews.lk)
MALAWI:
Malawi Parliament approves bill moved by MCP MP on stiffer penalties for albino
killers
Members of Parliament (MPs) have passed a motion moved by Dowa East MP Richard
Chimwendo Banda (Malawi Congress Party-MCP) to amend the Anatomy Act to attract
stiffer penalties for perpetrators of abduction and killing of people with
albinism.
Most MPs spokes in supported the bill, saying people found guilty of killing
persons with albinism should be slapped with life imprisonment or face the
death penalty.
Chimwendo Banda said the bill will help punish people involved in rituals and
deter unauthorised possession of human tissues.
He noted that in view of the continued killing of people with albinism and
cognisance of the fact that the current penal provisions aimed at deterring
would-be offenders are not having the desired effect, the amended of the
Anatomy Act would help deter all would-be offenders from committing such
offences.
Salima North West MP, Jessie Kabwila (MCP) said the bills will demonstrate the
kick-start of solving the problem of ritual murders.
"We don't have the luxury of waiting," said Kabwila.
"This is a bill which should have been passed yesterday," she said.
Mulanje South MP, Bon Kalindo who has been advocation for death penalty and
earlier on marched 'half-naked' to push for the same, supported the bill.
"Time has come , we need to do something," he said.
Kalindo said the bill should be supported even by government despite
originating from opposition lawmaker in a private members motion.
Minister of Justice and Constitutional Affairs Samuel Tembenu said the Anatomy
Act is part of the larger Bill whose drafting has been concluded.
"We are developing a proper and appropriate legislation that will cover all
issues," said Tembenu.
The minister added that the Disability Act, Human Trafficking, Child Justice
Act and the Anatomy Act would also be amended in the Penal Code.
The faculty of law at the University of Malawi's Chancellor College recently
faulted the Anatomy Act for the seemingly lighter sentences meted to
perpetrators of crimes against people with albinism.
(source: nyasatimes.com)
BELARUS:
Belarus to attend PACE Committee on Political Affairs and Democracy session
MP of the House of Representatives of the National Assembly of Belarus, head of
the National Assembly's delegation on contacts with the Parliamentary Assembly
of the Council of Europe (PACE) Nikolai Samoseiko has gone to Strasbourg on a
visit to the PACE headquarters, BelTA learnt from the House of Representatives.
The visit of the Belarusian MP will last until 25 June. Nikolai Samoseiko will
take part in a meeting of the PACE Committee on Political Affairs and Democracy
and the international seminar on death penalty.
Nikolai Samoseiko is also set to hold bilateral meetings with PACE
representatives, foreign MPs and officials of the Council of Europe.
(source: Belarusian Telegraph Agency)
PHILIPPINES:
40 neophyte lawmakers take course on legislation
Some 40 neophyte lawmakers are prepared to pass legislative measures that would
improve the socio-economic conditions of their constituents and protect human
rights after completing yesterday the 4-day Executive Course on Legislation.
Actor-turned-Manila Representative-elect John Marvin "Yul Servo" Nieto, one of
the "graduates", vowed to familiarize himself with the lawmaking process and
pursue the passage of measures that would benefit the poor.
"I will work hard and push for the approval of the measures (ordinances) which
I filed as a city councilor of Manila," he told reporters.
Nieto is one of the authors of the ordinance that strictly requires all law
enforcement authorities to coordinate with the barangay and the city government
before launching a legitimate operation. The ordinance was approved by the city
council of Manila last year.
Ilocos Sur Rep.-elect Deogracias Victor "DV" Savellano, who was accompanied by
his wife, actress Dina Bonnevie, said he would re-file a bill declaring his
district as an economic zone.
He also pledged to actively take part in the budget process, citing Congress'
crucial "power of the purse."
"The executive course is very helpful. We have to undergo this training even
though we were experienced members of the Sangguniang Panlalawigan. My work now
has a wider, national scope," Savellano, former vice governor, said.
Another member of the graduates, Bulacan Rep.-elect Jose Antonio "Jonathan"
Sy-Alvarado, said he will seek the passage of the Magna Carta for the Poor to
provide comprehensive assistance to his most needy constituents. The Magna
Carta for the Poor was among the 80 bills vetoed by President Aquino.
Commenting on the proposed death penalty, Alvarado said he will consult his
district leaders on this. "We are still gauging the sentiment of our
constituents. The voice of my constituents matter so I will consult the leaders
in the first district on this," he said
PROTECT HUMAN RIGHTS
Kabayan party-list Representative-elect Harry L. Roque will work for the
approval of measures that would safeguard and protect human rights, even as he
renewed opposition against President Durterte's proposed death penalty by
hanging.
He said the criminal justice system should be further strengthened and that the
law enforcement agencies should be reminded of observing the rule of law, while
hunting down criminal suspects.
Roque, a human rights lawyer, will bat for the compensation of human rights
victims including journalists massacred in Maguindanao in November, 2009 when
the 17th Congress opens on July 25.
"We should protect human rights, the rights of journalists. We will pursue
measures that will preserve and protect human life," he said.
He also registered his opposition against Mr. Duterte's plan to lower the
minimum age for child prosecution from 15 to 12.
"It is difficult for me to decide whether I would join the majority because I
am against the proposals of the incoming administration," he said.
(source: Manila Bulletin)
****************
Rody gov't promises 'conversation' over death penalty
The call for the restoration of the death penalty by president-elect Rodrigo
Duterte would likely spark a debate on the morality and practicality of
imposing extreme punishment, incoming presidential spokesman Ernesto Abella
said yesterday.
Abella, a former pastor, said he expects critics and supporters of capital
punishment to have a "conversation" about the issue.
When asked how Duterte intends to push for the death penalty in a predominantly
Catholic country, Abella said: "I'm sure there will be conversation regarding
that. The conversation has to go through a process.
"Definitely there is a goal and the law must be imposed and implemented to its
full powers, to its full limits," he added.
"There is law and it is a deterrent. But if the law is broken, there should be
order."
Abella noted the statements made by Pope Francis regarding capital punishment.
Francis said in a video message on Tuesday that capital punishment is an
offense to life, contradicting God's plan and serves no purpose for punishment.
Francis sent a video message to an anti-death penalty congress in Norway,
expressing his opposition to the death penalty.
Abella, however, believes the pope was not singling out the Philippines when he
issued the statement against the restoration of the death penalty.
"I don't know if it is in direct reference to the government's position. Is it?
I don't think it was," he said. "In general, as you very well heard RRD
(Duterte) in his speech in Sarangani, he did say his view on death penalty is
that it is retribution. It is clear where he stands," he added.
Pope Francis maintained that the death penalty goes against God's plan and
applies to both the guilty and the innocent.
The leader of the world's 1.2 billion Catholics also stressed that capital
punishment promotes vengeance rather than justice.
"It must not be forgotten that the inviolable and God-given right to life also
belongs to the criminal," the pope said in a video message sent to delegates of
the 6th World Congress against capital punishment in Oslo.
"Indeed, nowadays, the death penalty is unacceptable, however grave the crime
of the convicted person," the pontiff added.
A total of 140 nations, including the Philippines, have abolished the death
penalty. This may change soon, however, as the revival of capital punishment is
a priority of the incoming Duterte administration, which has vowed to suppress
crime in 3 to 6 months.
The death penalty was scrapped in 1987 during the presidency of Corazon Aquino
but was revived 6 years later under her successor Fidel Ramos. Crimes that were
punishable by death include kidnapping, murder, drug trafficking and rape.
Capital punishment was abolished anew in 2006 under then president Gloria
Macapagal-Arroyo, a devout Catholic.
Duterte, who claims to be a believer of God but not of religion, said the death
penalty is more of a retribution for criminals rather than a deterrent.
"Death penalty to me is the retribution. It makes you pay for what you did," he
said.
Duterte will have at least 2 former preachers in his Cabinet. They are Abella,
who founded the religious group The Jesus Fellow Inc., and former rebel priest
turned mayor Leoncio Evasco, who will serve as secretary to the Cabinet.
(source: Philippine Star)
INDONESIA:
Beware, death penalty is an addictive policy
The World Health Organization defines addiction or dependency as a complex
health condition that often requires long-term treatment and care. Sadly, that
is the case with Indonesia's policy on drug crimes.
To address the global problem of drugs, world leaders and activists gathered on
April 19-21 at the UN General Assembly Special Session on Drugs in New York.
Most countries represented moved from criminalization to decriminalization for
personal possession or use. Some opted to regulate drug markets for certain
types of drugs, mostly marijuana. Almost all delegates from the EU, Latin
America, UN organizations and the special rapporteurs against torture and the
right to health agreed to abolish the death penalty for drug offenders.
However, Indonesia was steadfast in preserving the death penalty as an
effective measure to deal with drug problems. This stance marks not only a
setback in Indonesia's commitment to human rights, but also a flawed reasoning
to protect the country from drug trafficking.
Indonesian academics are among those appealing for evidence-based policymaking
and the priority for public health in addressing drug problems, as they wrote
in the Lancet medical journal last year. However, the current government has
decided to start a new wave of executions of death row convicts, mostly drug
traffickers.
The state indeed needs strong efforts in law enforcement and public health to
reduce the negative consequences of drug trafficking. However, claiming that
waging a war on drugs through executions is a powerful strategy to eliminate
drug trafficking is even more dangerous. The excessive use of executions only
demonstrates the country's failure to control drug problems.
National Narcotics Agency (BNN) chief Comr. Gen. Budi Waseso admitted the
failure, saying that despite the executions, the number of drug use cases
increased from 4.2 million in June 2015 to 5.9 million in November 2015.
The UN has called for the abolition of the death penalty for drug offenses due
to the lack of a threshold to fulfill the "serious crime" category, based on
the International Covenant on Civil and Political Rights.
From 1979 to 2008 Indonesia executed at least 60 convicts, mostly convicted
murderers and terrorists. Since 2014, executions were performed on drug
convicts based on the drug emergency narrative. Death sentences have been on
the rise without a guarantee of when and how this policy will be evaluated
objectively and stopped if the policy goes wrong.
The war on drugs is an abstract reason for a state to deal with real problems
in society where corruption, poverty, racism and marginalization of its own
people are rampant. Drug trafficking may not disappear, but the crimes should
be governed in an orderly way.
The disproportionate use of the death penalty requires scrutiny. In previous
death sentences such as for Mary Jane Veloso of the Philippines, Rodrigo
Gularte of Brazil and Indonesian Zainal Abidin, there was substantive evidence
to show that capital punishment undermines the rule of law. Drug mules are at
the highest risk under Indonesia's death penalty policy, rather than the drug
kingpins.
Human rights outline principles, standards and guidelines to create a clear
measure for a state to be able to fulfill its objectives. However, human rights
are absent in Indonesia's drug policy framework. We have lost the capability to
assess the real situation concerning drug abuse and thus have reacted
irresponsibly.
Having assessed the characteristics of dependency, we could assume that
Indonesia has faced the serious problem of failing to tackle drug offenses. The
death penalty is seen as a quick fix and we have become addicted to it.
A better way to address addiction is proper and appropriate treatment. We can
begin the treatment by setting sufficient guidelines and patiently educating
ourselves to become aware of our own problems. We need to reform our drug
policies and laws and transform them into scientific-based and proper
evidence-based ones. In so doing we can capture the real underlying problems of
drug offenses.
The treatment needs to be tested, assessed and renewed regularly in order to
adequately represent reality.
Above all, respecting human rights is the key to achieving good results.
Whatever drug policy approach we choose, human rights should be the mirror for
us to set standards and principles.
Hopefully, we can stop the addiction to the death penalty in the long run.
(source: Asmin Fransiska; The writer is a senior lecturer in human rights at
Atma Jaya Catholic University's School of Law in Jakarta and a PhD researcher
at Justus Liebig University, Giessen, Germa----The Jakarta Post)
INDIA:
President Mukherjee rejects mercy plea of 2 convicts of 2007 Jharkhand
massacre----Death sentence was given to all the accused in the Jharkhand murder
case that happened 9 years ago
The mercy plea of 2 convicts, who killed 8 members of a family including a
physically disabled youth in Jharkhand nearly 9 years ago, has been rejected by
President Pranab Mukherjee. The President has rejected the plea of the
convicts-- Mofil Khan and Mobarak Khan, officials said on Thursday.
The duo had in June 2007 killed Haneef Khan with sharp-edged weapons when he
was offering prayers at a mosque in Makandu village under Lohardaga district in
the state. After killing him, they murdered his wife and his 6 sons which
included the disabled youth. A case was registered by the local police against
Mofil and Mobarak and 2 other assailants.
Following the probe, a local court there had given death sentence to all the
accused. However, the Jharkhand High Court had upheld death penalty to Mofil
and Mubarak and modified the sentence to life term for the 2 others. The
Supreme Court in its final judgement in October 2014 also upheld the death
penalty given to the convicts.
A mercy petition was then filed before the President through the Home Ministry.
The plea, which was received in December last year at the President's
secretariat, seeking mercy has been rejected by Mukherjee, they said.
After taking over as the President in July 2012, Mukherjee has rejected 26
mercy pleas so far including those of 26/11 terror case convict Ajmal Kasab and
1993 blast case convict Yakub Memon. The death sentence in 2 cases has been
commuted to life by the President.
2 mercy petitions of Jeetendra Gehlaut alias Jeetu, convicted for killing5
women and 2 children during a robbery in Maharashtra, and Shabnam, who was
convicted for killing 7 members of her family at Amroha in Uttar Pradesh, are
pending with the President.
(source: dnaindia.com)
_______________________________________________
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
