Nov. 3
TURKEY:
Turkey debates the non-retroactive death penalty
A reinstatement of capital punishment appears to be in the pipeline in Turkey.
Although it looks like Nationalist Movement Party (MHP) leader Devlet Bahceli
opened the door for it, it was actually President Recep Tayyip Erdogan who
initially gave the signal that capital punishment would be included in the
government???s constitutional draft.
The inclusion of the death penalty into the draft would be useful both for
obtaining MHP support and also during the rallies for the impending referendum
on constitutional changes for a presidential system. Crowds would chant
enthusiastically: "Hang them, hang them."
Who should we hang? Prime Minister Binali Yildirim answered this on Nov. 1: The
death penalty could be reintroduced for a certain "limited" number of crimes
and, most importantly, "it should be known that it cannot be retroactive," he
said.
In other words, the death penalty will not be applicable for either the July 15
coup plotters or for the terrorist offenses of members of the outlawed
Kurdistan Workers' Party (PKK) and the Islamic State of Iraq and the Levant
(ISIL). Until the law is ratified, the punishment for such offenses will
continue to be an aggravated life sentence. Capital punishment will be
applicable only for acts committed after the date of approval.
But is it not true that those chanting "death, death" in town squares actually
want those guilty of past crimes to be hanged?
The prime minister's statement that any reinstatement cannot be retroactive is
very important and correct. Bahceli should now express his view on this
question.
It has been argued that "the people want the death penalty." But if that is the
case, why don't we hold a referendum on the question of migrants? Or why did we
criticize the holding of referendums in Europe on building minarets? How can we
criticize the appeals to voters by populist politicians using Islamophobic and
xenophobic rhetoric? Aren't they also saying, "this is what the people want"?
To avoid this kind of populism, which is today rising across the world, the
political class must be very careful about the law and must carefully
scrutinize how decisions made with today's mass psychology could affect the
country and future generations. The motivation behind new laws should not be
the short-term pursuit of votes, but the responsibility of tomorrow.
This is absolutely true for Turkey. Breaking away from European legal
principles would cause huge damage to the economy and future generations. It's
not just me saying that, it is also economists and members of the government
like Ali Babacan and Mehmet Simsek. The MHP administration, meanwhile, could
also ask former Central Bank governor Durmus Yilmaz how the economy would be
affected by breaking away from European law.
Pointing out that the Turkish economy's per capita GNP has never been able to
exceed the $10,000 threshold, stuck in the "middle-income trap," Babacan said
back in 2014 that "the legal norms of the Council of Europe are references for
us ... Our only remedy is to practice the rule of law in Turkey in the best
way."
Simsek also said in 2015, when he was readying the government's economic
program, that "Turkey will have 3 anchors in the coming term: Fiscal discipline
will continue, the EU process will be invigorated, and structural reforms will
be carried out."
Sure, let's reintroduce the non-retroactive death penalty; let's hang 3 or 4
terrorists. What would happen then? The Council of Europe would suspend our
membership and our EU accession process would freeze. We would self-sabotage 1
of the 3 anchors we rely on in the economy, casting a shadow on our "only
remedy" by ourselves.
Where would the economy go in this eventuality? At present, capital is starting
to shrink in the world and foreign exchange rates are rapidly rising. At such a
time, Turkey needs an inflow of foreign capital amounting to roughly $200
billion every year.
True, South Korea is a very successful economy without being an EU member. But
in the most recent World Rule of Law Index, South Korea was in 11th place while
Turkey was in 80th place.
That is why Babacan says "our sole remedy is EU Law." If we hamper our economy
to this extent, will Turkey's fight against terrorism strengthen? Will
terrorists drop their arms out of fear of execution? Was the PKK discouraged
back when the death penalty was still in place in Turkey?
For the good of the country, do we not need science, intellect, debate,
moderation, common sense, diplomacy and law more than ever?
(source: Hurriyet Daiy News)
INDIA:
Supreme Court stays execution of 2 men for killing 8 of family -- Then CJI
Dattu had said it was a meticulously planned diabolic murder done without any
provocation
The Supreme Court has stayed the execution of 2 men for the brutal murder of
their brother and his entire family, including his 3 minor children and wife,
in front of their mother at Jharkhand in 2007.
A Bench led by Chief Justice of India T.S. Thakur, which is hearing the review
petitions of the convicts, has stayed the execution of their death sentence
till further orders.
'Diabolic murder'
A Supreme Court Bench led by Chief Justice Thakur's immediate predecessor
Justice H.L. Dattu had confirmed their death penalty in October 2014, saying it
was a meticulously planned diabolic murder done without any provocation. The
crime was categorised as falling in the rarest of rare domain, warranting
capital punishment.
"In cases where an accused does not act on provocation, acting in spur of the
moment but meticulously executes a deliberately planned crime in spite of
understanding the probable consequence of his act, the death sentence may be
the most appropriate punishment," Justice Dattu had written in a 44-page order
in 2014.
The High Court had in 2008 confirmed the death penalty of the 2 men - Mofil
Khan and Mobarak Khan - but commuted the death sentence of 2 other co-accused
to life imprisonment.
(source: The Hindu)
SINGAPORE:
Lim Chu Kang murder trial: Businessman denies killing wife's ex-lover
A 56-year-old businessman on trial for murdering his wife's former lover in the
back of a borrowed van took the stand yesterday and denied killing the much
younger man.
Chia Kee Chen, who faces the death penalty or life imprisonment if convicted of
murder, pushed the blame to an individual named "Ali".
Chia told the court that he wanted only to "get back" a thumbdrive containing
video clips of his wife having sex with her 37-year-old lover, material analyst
Dexmon Chua Yizhi.
Testifying through a Hokkien interpreter, he said he felt "ashamed" after
receiving an anonymous call telling him that the victim was sharing the videos
with his colleagues.
Chia said that Ali, a Malaysian he had met years ago at a Johor coffee shop,
offered to get the thumbdrive for him for RM5,000 (S$1,650).
There is no mention of Ali in the accounts of Chia's 2 accomplices - his
Indonesian worker Febri Irwansyah Djatmiko and his longtime friend Chua Leong
Aik.
Chua, 67, drove the van but got out, afraid, when he heard sounds and shouts
coming from the back. He is serving a five-year jail term for abduction and
causing grievous hurt.
Febri, 34, who returned to Bintan after the killing, gave a statement to local
police, fingering Chia as the culprit who had repeatedly hit the victim's face
and banged his head against the floor of the van.
Febri said Chia had sought his help to kill a person who had raped his wife. He
is wanted by police here but remains at large as Singapore has no extradition
treaty with Indonesia.
In contrast, Ali played a vital role in Chia's version of the events
surrounding the victim's death between the night of Dec 28 and the early hours
of Dec 29, 2013.
Chia said Ali had assured him that he could get the thumbdrive by the end of
December.
As for the van, Chia said he had borrowed it on Dec 28 to help Febri transport
some fish.
Chia said Febri and Chua were in the van when he received last-minute
instructions from Ali to drive to a multi-storey carpark near the victim's Choa
Chu Kang flat and park in a specific space.
In the carpark, Ali appeared with his own van, he said.
Some time later, after the victim had parked in the adjacent space and got out
of his car, Ali grabbed hold of his neck and pushed him into the back of the
van, said Chia.
Chia said he and Febri got into the back as well, while Ali closed the sliding
door and instructed them to drive to an army camp in Lim Chu Kang.
Chia said that inside the van, Febri and the victim fought, kicking each other.
He said he kicked the victim once in retaliation when the victim kicked him.
Chia said he asked the victim for the thumbdrive but the victim said he did not
have it. In his account, he took over the wheel after Chua fled, leaving Febri
alone in the back of the van. He said they were fighting but he could not tell
who had hit whom.
Chia said he drove to a traffic junction near the camp. Ali then arrived in his
van and said he wanted to tie the victim to a tree.
After Febri and Ali dragged the victim to Ali's van, Chia drove away with
Febri, he said.
"I just wanted to get the thumbdrive back, the rest of the things I didn't want
to know," he said.
Chia said Ali also told him to meet at Lim Chu Kang later that morning to see
if he managed to get the thumbdrive. But Ali did not show up, he said.
The trial continues today.
(source: Straits Times)
MALAYSIA:
DAP lauds Putrajaya's willingness to allow judges discretion on death penalty
DAP today welcomed Putrajaya's willingness to consider allowing judges the
final say in trials involving the death penalty.
However, until the Cabinet decides on the matter, the government should impose
a moratorium on all death penalty cases, Batu Kawan lawmaker Kasthuri Patto
told reporters at the Dewan Rakyat lobby today.
Arguing that life is "irreplaceable", Kasthuri said postponing executions until
a decision is made is "the right thing to do".
This, she said, is particularly crucial in cases of young offenders or drug
mules found guilty under Section 39B of the Dangerous Drugs Act 1952.
"We understand this process will take time, but the government must understand
that this involves the life of a person."
Kasthuri however, was thankful that Minister in the Prime Minister's Department
Azalina Othman had promised to raise the proposed moratorium at the Cabinet
meeting as soon as possible.
This she added, was a step in the right direction to preserve "humanity,
compassion and the rule of law".
(source: freemalaysiatoday.com)
*******************
Trio face death for murder of handicapped boy
A housewife, her husband and brother-in-law, face the death penalty for
allegedly killing her handicapped son at her house, in Endau, between Oct 18
and 19.
Roshimah Abdullah,27, Mohd Sapawi Ab Talib,27, and Shukur Ab Talib, 31, were
charged in the Magistrate's Court here with the murder of Mohamad Roshamnudin
Abdullah,11, on Oct 18 to 19 between 8.30pm and 4.30pm at No: 8, Kampung Bukit
Terkedai, Endau.
The three accused were charged with committing the offence under Section 302 of
the Penal Code and if found guilty, they could be sentenced to death by
hanging.
Mohamad Roshamnudin was Roshimah's son from a previous marriage. Mohd Sapawi, a
grass-cutter, was his stepfather.
The three accused, who were not represented, nodded when the charge was read in
front of Magistrate Mazana Sinin.
Mazana then fixed Dec 7 for remention of case while waiting for DNA, chemistry
and forensic reports.
Prosecution was by Deputy Public Prosecutor Suhaila Shafi'uddin.
On Oct 19, Mohamad Roshamnudin was allegedly found sprawled with his leg pinned
down by a water container in the bathroom of their home by his mother.
However, the handicapped boy, was confirmed dead at Endau Health Clinic.
A post-mortem found the victim had died due to injury on the chest other than
bruises and scald marks of his whole body.
(source: The Sun Daily)
JAMAICA:
Hang murderers in public, demands former MP
More than 28 years after the State last hanged a convicted murderer, Sally
Porteous, custos of Manchester, remains convinced that the death penalty is the
most effective deterrent for those members of the society bent on killing
others.
The wave of savagery to which she has been exposed in recent times has only
served to reinforce that belief.
"All murders are bad, but we've seen some that have really shattered us. It's a
new kind of barbaric coldness that we are not used to here. We have not seen
that before," Porteous told a Gleaner Jobs and Growth Forum at the Mandeville
Hotel in Manchester on Monday.
"You guys know how I feel about persons who cold-heartedly decide that they are
going to take somebody else's life, and I still believe that. I believe in the
death penalty."
One such case, which still resonates with the former councillor, is the case of
businessman Terrence Green just over a year ago.
"Mr Green was shot and killed in broad daylight in Christiana when he came back
from the bank. At 1 o'clock in the afternoon, walking down the street with
hundreds of people in the street - robbed and shot right in front of
everybody," Porteous recalled.
Calvin Lyn, managing director of Lyn's Funeral Home, used the opportunity to
state his support for the death penalty.
However, the former member of parliament for North East Manchester told the
forum that he would take it even further by making the executions public.
"When the person is found guilty, they should be hanged, or by whatever method
of disposal, in the capital of the town where they committed the crime," Lyn
declared.
(source: jamaica-gleaner.com)
IRAN----executions
2 Prisoners Executed on Drug Charges
2 prisoners were executed at Salmas Prison (west Azerbaijan province,
northwestern Iran) on drug related charges.
According to close sources, 1 of the prisoners, identified as Sami Mamadi, was
hanged on Monday October 31. According to the Kurdistan Human Rights Network,
the other prisoner, identified as Iraj Hamedi, was hanged on Tuesday November
1.
The human rights news agency, HRANA, has reported that at least 9 drug related
prisoners, including one from Urmia Prison, were recently transferred to
solitary confinement in Salmas Prison.
Iran Human Rights had recently reported on 2 other prisoners who were hanged at
Salmas Prison on drug related charges: Bakhtiar Khaledi and Shoresh Mirzapour.
****************************
3 Prisoners Hanged on Drug Charges
3 prisoners were reportedly executed at Darya, Urmia's central prison, on drug
related charges.
According to a report by the human rights news agency, HRANA, the prisoners
were hanged on the morning of Wednesday August 2 in the West Azerbaijan
province (northwestern Iran).
HRANA identifies the prisoners as Farhad Mansouri, Shoaib Hatami, and Darvish
Monzemi. These three prisoners were reportedly transferred to solitary
confinement on Tuesday in preparation for their executions.
Iranian official sources, including the Judiciary and the media, have been
silent on these executions.
********************
14 Prisoners in Imminent Danger of Execution in Western Iran
According to close sources, there are a total of 47 prisoners who are currently
on death row in Qorveh's central prison (Kurdistan province, western Iran) for
murder or drug related charges. Iran Human Rights has obtained the names of 14
of them who are in imminent danger of execution:
1. Reza Samadi (sentenced to death on murder charges)
2. Fayegh Rashidi (sentenced to death for producing crystal meth)
3. Mohammad Rasoul Heydari (sentenced to death on murder charges)
4. Sohrab Ramezani (sentenced to death on murder charges)
5. Hashem Gharaghezloo(sentenced to death on drug related charges)
6. Hassan Kazemloo (sentenced to death on drug related charges)
7. Babak Hassanzadeh (sentenced to death on drug related charges)
8. Iman Shokri (sentenced to death on murder charges)
9. Hossein Dervish Koochaki (sentenced to death on murder charges)
10. Saeed Zarei (sentenced to death on murder charges)
11. Reza Parvaneh (sentenced to death on drug related charges)
12. Faraj Amirighazaleh (sentenced to death on drug related charges)
13. Koroush Rezaiepour (sentenced to death on drug related charges)
14. Zeynab Shah-Hosseini (sentenced to death on drug related charges)
Iran Human Rights is aware that Koroush Rezaiepour and Zeynab Shah-Hosseini are
a married couple who have been imprisoned since their arrests 5 years ago for
alleged drug related offenses. The couple were reportedly held at Hamadan
Prison before their transfer to the central prison in Qorveh.
According to close sources, there are more than 600 prisoners who are currently
detained at Qorveh's central prison, and approximately 45% of them are held on
drug related charges.
(source for all: Iran Human Rights)
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