July 24
PHILIPPINES:
Mistaken executions seen with death penalty revival
Owing to an error-prone judiciary, many convicts would be wrongfully executed
once Congress revives the death penalty, a pro-life lawmaker warned on Sunday.
"We're afraid the rate of wrongful executions could even be higher than that
during President [Joseph] Estrada's administration," Buhay party-list Rep. Lito
Atienza said in a statement.
Atienza made the statement shortly after House Speaker Pantaleon Alvarez said
Congress would comply with President Rodrigo Duterte's wish to make passage of
a new law restoring capital punishment a priority.
During Estrada's administration, 7 convicts were put to death, and at least 1
of them was later found unjustly killed, implying a 15 % wrongful execution
rate, according to the congressman.
In 2006, then Chief Justice Artemio Panganiban stunned the nation when he
belatedly disclosed that the Supreme Court blundered when it caused the
mistaken execution of Leo Echegaray in 1999.
The case against Echegaray had a fatally defective rape charge sheet, according
to Panganiban.
He said the criminal complaint never alleged that Echegaray was the father,
stepfather or grandfather of the victim - the qualifying condition for a death
sentence.
In previous instances wherein the accused was found guilty of a capital offense
that was never alleged in the charge sheet, the Supreme Court either acquitted
the death convict, ordered a retrial or reduced the sentence to life in prison.
"Our trial courts are error-prone because they are run by fallible mortals and
many judges are overworked, susceptible to corruption or recklessness or simply
inept," Atienza said.
"In fact, the last time we experimented on capital punishment, up to 65 % of
death verdicts were found to be erroneous, resulting in acquittals, retrials or
the imposition of lighter sentences upon automatic review by the Supreme
Court," he added.
Even the Supreme Court is capable of blunders, as evidenced by Echegaray's
case, Atienza said.
"Here lies the big difference between executing a convict and putting him
behind bars for life. If we imprison a convict and he is later exonerated, we
can still set him free. We can still correct the mistake. In capital
punishment, we cannot rectify the error once the convict has been put to
death," he noted.
"The death penalty does not serve any purpose that is not already being served
by the punishment of life in prison," he added.
The Duterte administration would achieve far more in suppressing rampant crime
if it concentrated on purging the criminal justice system of corruption, and on
improving the capabilities of law enforcement agencies, the prosecution
service, the judiciary and the prisons, Atienza said.
(source: Manila Times)
TURKEY:
Greece urges Turkey to show restraint on death penalty
Turkey should exercise restraint and avoid restoring the death penalty after
last week's failed military coup, Greece's foreign minister said in remarks
published on Saturday.
Turkey abolished capital punishment in 2004, bolstering its long-running bid
for European Union membership. But since overcoming the July 15 coup attempt,
President Tayyip Erdogan has told crowds of supporters chanting for the death
penalty that such demands may be discussed in parliament.
"The winners of the internal conflict in Turkey must show magnanimity towards
the defeated, (show) self-restraint and not reinstate the death penalty," Greek
Foreign Minister Nikos Kotzias told Realnews newspaper in an interview released
ahead of Sunday's publication.
Kotzias said the EU hailed the defeat of the coup and wants a democratic Turkey
that respects the interests and needs of all religious, social and ethnic
groups. "We don't want a Turkey of revenge, of break-up and destabilisation,"
he told Realnews.
EU leaders including French President Francois Hollande and German Chancellor
Angela Merkel have said that Ankara could not reintroduce capital punishment if
it wishes to join the EU one day.
But Turkey's justice minister said on Friday that the issue of whether or not
Turkey brings back the death penalty should be considered from a legal
standpoint and not in terms of what the EU wants.
Asked whether Greece would return eight Turkish soldiers who fled to Greece in
a military helicopter after the failed coup, Kotzias said: "This will be
decided by judges and other pertinent authorities. Surely they will take into
account to what extent the eight (soldiers) were part of the coup."
The men - 3 majors, 3 captains and 2 sergeant majors - landed in the northern
Greek border city of Alexandroupolis last Saturday after issuing a distress
signal. They were arrested and have sought political asylum.
Turkish authorities have branded them "traitors" and "terrorist elements" and
asked Athens to extradite them. Greece has said it will examine their asylum
requests quickly.
On Thursday, the men were convicted of entering Greece illegally and handed a
2-month suspended jail sentence. Their asylum requests are being examined and
they are to appear before immigration authorities next week for further
interviews.
A lawyer representing four of the men has said they fear for their lives if
they are returned to Turkey.
Kotzias also said one should steer clear of making associations between people
who fight for their rights in a democratic way and those who carry out coups,
bomb parliaments and kill protesters.
"These people in no way deserve our solidarity. No one must forget that those
behind the coup turned against the institutions of Turkish democracy."
(source: dailymail.co.uk)
INDONESIA:
Kontras Urges Gov`t to Review Death Penalty
The Commission for Missing Persons and Victims of Violence (Kontras) has urged
the government to review the implementation of death penalty in Indonesia.
Putri Karnesia, head of political civil rights division at Kontras, said that a
number of death penalties were issued without proper legal procedures.
One of the cases being handled by Kontras is death penalties against Yusman
Telaumbanua and Rasula Hia issued by the Gunungsitoli District Court, Nias,
North Sumatra.
Based on Kontras' findings, Yusman was a minor when he was involved in a murder
case back in 2012.
"We are concerned that the next execution could be a bad move," Putri said in
Jakarta on Saturday, July 23, 2016.
Yusman and Rusula are death-row convicts waiting for their execution for being
involved in a premeditated murder against Kolimarinus Zega, Jimmi Trio Girsang
and Rugun Br. Haloho.
Putri viewed that Yusman's case could be a momentum for the government to
evaluate the implementation of death penalty, since the legal process in
Indonesian courts are not ideal yet.
Another Kontras activist Arif Nur Fikri viewed that the country's justice
system is still vulnerable when it comes to death penalty. Arief added that
Kontras has filed a judicial review against the verdict for Yusman.
****************************
Human Rights Group Urges Gov`t to Cancel 3rd Wave of Executions
Human rights group named Imparsial has called on the government to cancel the
third wave of executions. Imparsial director Al Araf said that there was no
relevance between the implementation of death penalty and the declining number
of crimes in Indonesia.
"Drug convicts are given death penalties, but drugs distribution is not
declining," Al Araf said in a discussion held at Imparsial's office in Jakarta
on Sunday, July 24, 2016.
According to Al Araf, the number of drug-related crimes has increased after the
1st wave of executions was conducted in 2015, based on data from the National
Narcotics Agency (BNN). Al Araf argued that fair law enforcements, rather than
the level of punishment, would cause deterrent effects.
Al Araf viewed that the justice system in Indonesia is not yet ideal as
reflected by a drug case involving Pakistani national Zulfiqar Ali. Zulfiqar
was arrested in 2004 for allegedly possessing 300 grams of heroin. The court
imposed a death penalty in June 2005.
Zulfiqar's lawyer Edward Rajagukguk said that his client was ill-treated and
forced to admit the crime. Zulfiqar, who could not speak Indonesian and English
was not accompanied by a translator during the questioning. In addition
Zulfiqar's wife admitted that police asked her for money if she wanted her
husband to be released.
"This is obviously a justice mafia practice," Al Araf said.
Al Araf also called on the government to evaluate and review cases involving
death row convicts to ensure that the legal process had been conducted
properly. He also asked the government to issue a moratorium for executions and
remove death penalty.
(source for both: tempo.co)
********************
'They electrocuted me' says Indonesia's death-row prisoner nearing execution
A Nigerian man facing imminent execution in Indonesia tearfully told a court
that police electrocuted his genitals to force him to confess to possessing
heroin.
Michael Titus Igweh is among several prisoners on death row whom lawyers and
human rights groups are frantically lobbying to save from the firing squad amid
claims they were tortured and their legal cases riddled with corruption, errors
and miscarriages of justice.
"I was constantly beaten, and my genitals electrocuted until I was helpless,"
the clothes importer, who was sentenced to death in 2003 for possessing 5.8
kilograms of heroin, told the Tangerang District Court in May. "In fact, I was
threatened to be shot."
Sources have told Fairfax Media the third wave of executions in Indonesia could
be held within days. It is understood the Nigerian and Pakistani embassies have
now been notified that their nationals are among those to be killed.
Indonesian Attorney-General Muhammad Prasetyo reiterated on Friday the
executions would be "soon" and would include Indonesians and possibly a woman.
Mr Prasetyo had earlier said prisoners from Nigeria and Zimbabwe would be among
those targeted.
Indonesian human rights group Imparsial said an anti-death penalty coalition
would present the staff of Indonesian President Joko Widodo with a list of
about seven death row prisoners who had faced unfair trials and miscarriages of
justice.
"It is very dangerous to carry out executions when the legal system is fragile
and riddled with corruption, error, manipulation and collusion," Imparsial
executive director Al Araf said.
The anomalous cases to be brought to the president's attention include that of
Pakistani textile worker Zulfiqar Ali, who was sentenced to death in 2005 for
possessing 300 grams of heroin, and Indonesian imported flour seller Christian,
whose lawyer said he was wrongfully arrested and tortured.
Mr Ali's lawyer, Saut Edward Rajaguguk, said the Pakistani embassy and Mr Ali's
wife had been notified that his client would be included in the 3rd round of
executions.
But he said the case against Mr Ali was absurd. "Zulfiqar Ali was not arrested
red-handed carrying 300 grams of heroin at Soekarno-Hatta airport. He was
arrested about 3 months later when spending time in Puncak with his
girlfriend."
Mr Saut said the man caught with the drugs, an Indian national, had named Mr
Ali as the owner when he was being beaten by police in the airport office.
However he later retracted this during Mr Ali's trial.
"Zulfiqar Ali was also beaten up by police when he was arrested and forced to
confess the drug was his. He was asked for money by the police but refused and
so the case continued."
Meanwhile, the Supreme Court last week rejected an application for a case
review into the case of Mr Igweh, the Nigerian clothes importer who claimed his
genitals had been electrocuted.
His lawyer, Sitor Situmorang, told Fairfax Media that Supreme Court judges
should try cases based on the law and not to achieve popularity or appear
tough.
"We accepted Michael's case because we saw it had merit. Out of the many
requests from prisoners on Nusakambangan, we only took this," Mr Sitor said.
He said Mr Igweh's conviction was based on the testimony of 2 alleged
accomplices, Marlena and Izuchukwu Okoloaja, who died in police custody and
could therefore not testify in court.
"We believe Marlena and Okoloaja gave Michael's name just so the police would
stop torturing them," he said.
"They were healthy when they were arrested, they had no history of illness,
they all just suddenly died while in police custody. We all know what that
means."
In a further ominous sign the executions could be just days away, prison visits
have this week been suspended to the penal island of Nusakambangan, where the
prisoners will be strapped to wooden posts and shot in a field.
14 drug offenders were executed in Indonesia last year, including Australians
Andrew Chan and Myuran Sukumaran, sparking an international backlash.
However the Indonesian government insists executions are necessary to combat a
so-called drugs emergency.
"The public want it to be done soon," Attorney-General Prasetyo said on Friday.
"We are getting more informed now and can see how drugs have affected our
younger generation. We could just lose a generation."
(source: Sydney Morning Herald)
SAUDI ARABIA----executions
Saudi executes 4 citizens convicted of murder
Saudi authorities executed 4 citizens on Sunday convicted of killing 6 members
of their tribe, the interior ministry said.
The killings took place due to a land dispute among members of the Quthami
tribe, the ministry said in a statement on the official SPA news agency.
The 4, including 3 brothers, were executed in the western city of Taif,
bringing to 105 the number of death sentences carried out in the kingdom this
year.
Saudi Arabia's growing use of the death penalty has prompted Amnesty
International to call for an "immediate" moratorium on the practice.
The kingdom imposes the death penalty for offences that include murder, drug
trafficking, armed robbery, rape and apostasy.
Most people executed are beheaded with a sword.
On Thursday, authorities carried out the 100th execution of the year.
"Saudi Arabia is speeding along in its dogged use of a cruel and inhuman
punishment, mindless of justice and human rights," said Amnesty's Middle East
and North Africa head Philip Luther.
"At this rate, the kingdom's executioners will soon match or exceed the number
of people they put to death last year," he said.
Amnesty says the kingdom carried out at least 158 death sentences in 2015,
making it the 3rd most prolific executioner after Iran and Pakistan.
Amnesty's figures do not include secretive China.
"The Saudi Arabian authorities must immediately establish an official
moratorium on executions and abolish the death penalty once and for all,"
Luther said.
Murder and drug trafficking cases account for the majority of Saudi executions,
although 47 people were put to death for "terrorism" offences on a single day
in January.
They included prominent Shia cleric Nimr al-Nimr, whose execution prompted
Iranian protesters to torch Saudi diplomatic missions, triggering a diplomatic
crisis between the 2 arch-rivals.
(source: Middle East Eye)
PAKISTAN:
Murder most foul: Man awarded death sentence
A man was awarded the death penalty for committing murder in Chota Lahor, Swabi
Court. The additional sessions judge has awarded Misal Khan a death sentence
for killing Hilal. According to the verdict, he must also pay a fine and will
face imprisonment for 3 more years if he fails to give the amount. Misal opened
fire on Hilal over a domestic dispute on October 9, 2014. The police had
arrested the suspect. After charges were proved against Misal, the judge
awarded him 28 years of imprisonment and fine of Rs0.5 million in addition to a
death sentence.
(source: The Express Tribune)
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