Nov. 26
SOUTH KOREA:
South Korean bishops to campaign against capital punishment
The Catholic bishops' conference of South Korea, is renewing its opposition to
the death penalty with an awareness-raising campaign utilizing media, education
and cultural events.
The Subcommittee for the Abolition of Capital Punishment held its annual
plenary and talked about how to further promote the church's stance on the
death penalty to Korean society.
The subcommittee will campaign against capital punishment by publishing op-eds
and articles by respected individuals from the church and other organizations
including secular ones.
Along with this, they plan to produce education material targeting middle and
high school students by the end of this year. They will also design a special
performance on the occasion of the World Day Against the Death Penalty on Nov.
30.
The bishops' committee will aid the campaign by holding a discussion and
concert on Dec. 18 in Chucheon, Gangwon province.
The Catholic Church in Korea has long been trying to get capital punishment
abolished even though the country has not carried out an execution since 1997.
(source: radiovaticana.va)
SRI LANKA:
Sri Lanka sentences 18 to death in US tea firm case
A court in Sri Lanka has given death sentences to 18 men over murdering a US
tea company executive in the capital Colombo 3 years ago, the largest group to
be condemned in a single trial in the South Asian country.
The High Court of Sri Lanka on Friday found the men, who were members of a
criminal gang, guilty of hacking and beating Nihal Perera to death, in
Deraniyagala, a township on the outskirts of the capital, in July 2013.
The 71-year-old victim, a Sri Lankan national, was the superintendent of the
Noori Estate tea plantation run by Texas-based firm Walters Bay, and his tragic
death caused a massive public outcry against the police at the time. The
protesters accused the police of incapability to deal with criminal gangs
allegedly led by members of the country's former President Mahinda Rajapaksa's
party.
21 men were arrested at the time on homicide charges and trial commenced in
February 2015, with around 20 witnesses giving testimonies. On Friday, however,
3 of the suspects were acquitted.
"Among the men condemned today is a politician (from Rajapaksa's party) who
headed a local government council in the area," AFP quoted an unnamed court
official as saying, adding that the "victim had been hacked to death because he
stood up to the criminal activities of the gang."
The accused were also found guilty of inflicting grievous hurt upon 3 employees
of the tea firm at the time.
Sri Lankan courts usually give death sentences for rape, homicide and
drug-related crimes, but the verdicts are regularly commuted to life sentences
because of an unofficial moratorium on the death penalty.
(source: presstv.ir)
TURKEY:
Erdogan warns EU he will sign death penalty law if MPs approve
Turkish President Recep Tayyip Erdogan on Friday warned the European Union he
would sign a law bringing back the death penalty if it was approved by
parliament.
"Democracy, it's respecting the people's will," Erdogan said in a speech in
Istanbul.
"If the people say 'we want the death penalty'... and this goes to parliament
and parliament passes it and it comes to me, I declare I will approve this," he
added.
Erdogan was speaking hours after he had rattled Europe by threatening to open
Turkey's borders to allow migrants to reach the EU, in a move that would tear
up a landmark deal signed in March that has reduced the refugee flow.
He made his remarks in response to the cheering crowds' chants of "we want the
death penalty", an oft-repeated call during his rallies since the July 15
failed coup.
"When you want the death penalty, the gentlemen are uncomfortable," he said,
apparently referring to EU officials.
Erdogan said that if he signed the death penalty back into law, it would likely
be blocked by the European Court of Human Rights (ECHR), but this did not
concern him.
"I say, it doesn't bother me. Because the European Court of Human Rights gives
a lot of decisions, we know it very well... this people's will, yes this is a
will that must be respected by everyone."
EU officials have repeatedly made clear that bringing back the death penalty
would end Turkey's bid for membership, which sets abolishing capital punishment
as a condition.
Turkey completely abolished the death penalty in 2004 as part of its accession
process.
The move meant the 1999 death sentence for Kurdish separatist leader Abdullah
Ocalan was commuted to life behind bars.
No judicial executions have taken place in the country since left-wing militant
Hidir Aslan was hanged on October 25, 1984 in the wake of the 1980 military
coup.
(source: digitaljournal.com)
EGYPT:
Irish student facing death penalty in Egypt after Ireland's appeal for
immediate release rejected----Ibrahim Halawa is being tried as an adult
alongside 493 other defendants on terrorism charges
An Irish student is facing the death penalty in Egypt after the country's
president reportedly refused a request from Ireland's leader to release him.
The Irish Department of Foreign Affairs confirmed that Taoiseach Enda Kenny
wrote to Abdel Fattah al-Sisi on 17 November and asked for the Dubliner's
immediate release.
But President Sisi turned down the request, according to The Times.
Ibrahim Halawa was just 17 when he was arrested at a protest while on holiday
in Egypt in 2013.
Mr Halawa reportedly attended the pro-democracy rally in Cairo with his 3 older
sisters before it was broken up by the Egyptian army.
The now 20-year-old is being tried as an adult alongside 493 other defendants
on terrorism charges, and faces death by hanging if found guilty. Proceedings
are due to start on 13 December after repeated delays to the trial.
President Sisi's refusal comes amid fears an amnesty for young prisoners may
exclude those detained over political protests.
Egypt announced the amnesty for detained juveniles last week, but it is thought
authorities told Ireland the scheme is only available to those already
convicted.
These claims are at odds with Egyptian media reports, which suggested the
amnesty had already led to the release of juveniles still awaiting trial.
Other reports claim the amnesty actually excludes young people detained in
relation to political protests.
The Irish Government confirmed on Thursday it has also requested a formal
pardon for Mr Halawa. The same law saw the release of three Al Jazeera
journalists last year.
The 3 reporters had once shared a cell with Mr Halawa, and have called publicly
for his release.
Egypt jail routinely torturing prisoners, rights group warns
Harriet McCulloch, deputy director of the death penalty team at Reprieve, said:
"Ibrahim Halawa has been through an appalling ordeal, all for the so-called
'crime' of attending a protest - including torture, a deeply unfair mass trial,
and the ongoing threat of a death sentence.
"It's shocking that the Egyptian President appears unwilling to recognise that
Ibrahim, and scores of other young people, should have been freed long ago.
"It's now vital that Ireland, and other countries who are aware of Ibrahim's
case such as the UK, call strongly for Ibrahim's release, so he can return to
his family in Ireland."
Mr Halawa has previously described his horrific treatment at the hands of the
Egyptian state in a letter given to The Independent by Reprieve.
In it, the Irishman detailed how he has been beaten, abused and mentally
tortured during his 3 years in jail.
He writes how prisoners are punished by being made to watch fellow inmates
being tortured, while others are "crucified" by guards.
The UK has told the human rights organisation it is "monitoring" Mr Halawa's
case.
Full transcript of Ibrahim Halawa's letter:
I am sorry it has been 3 years.
Dad, I am sorry that for 3 years your son has been taken away from you without
being able to see him. I am sorry that you raised me to be righteous and
ambitious, I am sorry you wake up every morning knowing that you might never
see me again. I am sorry it has been 3 years.
Mom, I'm sorry that for 3 years you have been chasing me from prison to prison.
I am sorry that you saw me dragged just because you wanted an extra minute to
make your your son is fine. I'm sorry you can't be happy with me like most
mothers. I'm sorry it has been three years.
Nosaiba, Ahmed, Somaia, Khadija, Fatima and omaima. I am sorry I couldn't be
there as a brother for you. I am sorry I couldn't be an uncle for your kids.
Somaia and Omaima, I am sorry I couldn't be at your wedding to take by your
hand and make it the best day of your life. I am sorry that standing up for
rights had us split up. I am sorry it has been 3 years.
Anas my friend, I'm sorry that our plan we drew for ourselves in primary school
has ended before it started. I am sorry i can't be you best friend. I am sorry
it has been 3 years.
Ireland, I'm sorry I've been away from you for 3 years. I'm sorry I can't see
your kind people. I'm sorry I can't see your bright green colour. I'm sorry I
can't walk your beautiful mountains. I'm sorry I can't breathe your reviving
air. I'm sorry I can't soak from you pure rain drops. I'm sorry I can't watch
the city as it get early in the morning. I'm sorry I can't live the happiness
of the villages around Ireland. I'm sorry I can't watch the blue sea from your
high cliffs. I'm sorry it has been 3 years.
Irish people, I'm sorry that for 3 years you have been fighting for my release.
I'm sorry for the years I have missed between you. I'm sorry for missing out on
all the Irish gatherings. I'm sorry I was stolen away from the warmth of the
Irish laughter. I'm sorry for a limitless language expressing limitless
feelings, but I'm fighting for what you though me to die for. I'm fighting for
other to gain democracy like back home. I'm sorry that I am willing to die for
freedom. I am sorry it has been 3 years.
Ibrahim Halawa, 17/08/2016.
(source: The Independent)
PHILIPPINES:
Drug users don't deserve death, policy reform advocates say
The government's war against drugs does not justify the reimposition of the
death penalty, saying there are less lethal ways to curb and discourage drug
use.
"Drug use alone should not be seen as a social evil or moral failing, as a huge
majority of people involved with drugs do not have any associated drug use
problems," drug policy reform advocacy group NoBox Philippines said in a
statement Friday.
The 17th Congress has pending legislation to reimpose the death penalty on
heinous crimes, including drug trafficking and President Rodrigo Duterte has
said in the past that the death penalty is needed as it "would have prevented
the drug menace from reaching the current alarming levels."
In September, Duterte again urged Congress to pass the bill on the death
penalty, saying that they dd not seem to understand the need for.
"No one died because there was no ... you removed actually, the essence of
criminal law, (which) is the fear to violate the law. What prevailed was not
the fear of the law but impunity and the absence of accountability," he said
then.
NoBox Philippines however, said that some people use drugs as adapting and
coping mechanisms, which, they say, does not amount to a social harm that
should be punished with death.
The group said there is no supporting evidence that grave punishment, including
the death penalty, has resulted in a meaningful reduction in drug-related
criminal activities in Asia and other countries.
According to a Reuters report in October, officials of the Philippine National
Police Directorate for Investigation and Detective Management could not cite a
study showing 75 % of "heinous crimes" were drug related, a claim that the
government made in a booklet distributed at the Association of Southeast Asian
Nations summit in Laos earlier this year.
"On the other hand, the provision of evidence-based health and social services
to drug users, as an alternative to incarceration, has been shown to
substantially increase recovery and reduce recidivism," NoBox Philippines said.
It also said alcohol is associated with more cases of violent crimes, and
questioned why there are no laws and prohibitions on alcohol consumption.
NoBox Philippines also said that the United Nations, through Secretary-General
Ban Ki-Moon, has called on member nations to focus on health, prevention,
treatment and care as an alternative to criminalizing drug use.
It added that the government should start harm reduction policies, programs and
practices to inform the public of the negative consequences of the use of legal
and illegal drugs on their health and on their social and economic stability.
"We call on our legislators to oppose the passage of the Death Penalty Law, and
support a public health approach to drug use," the group said.
(source: Philippine Star)
*******************
Death is the most terrible of all things, for it is the end
The House of Representatives, through the subcommittee on judicial reforms of
the committee on justice, continued last November 22 its hearings on the
restoration of the death penalty for certain heinous crimes. The subcommittee
is chaired by Rep. Vicente Veloso, a former Commissioner of the National Labor
Relations Commission and a former justice of the Court of Appeals.
As expected, there were diametrically opposing views on the issue, coming from
the legislators and the invited resource persons. Rep. EdcelLagman opposes the
restoration of the death penalty. On the other hand, House Deputy Speaker
Fredenil Castro supports its re-imposition.
What is the death penalty?
The term "death penalty" refers to the "execution of an offender sentenced to
death after conviction by a court of law of a criminal offense. Capital
punishment should be distinguished from extrajudicial executions carried out
without due process of law. The term death penalty is sometimes used
interchangeably with capital punishment, though imposition of the penalty is
not always followed by execution (even when it is upheld on appeal), because of
the possibility of commutation to life imprisonment. (Encyclopedia Britannica)"
Black's Law Dictionary defines it as the "supreme penalty exacted as a
punishment for murder and other capital crimes. The death penalty has been held
not to be, under all circumstances, cruel and unusual punishment within the
prohibitions of the Constitution."
Article 70 of the Revised Penal Code (Act No. 3815, 1932) refers to death as
the most severe penalty, among 12 penalties. Article 71 of the same Code
indicated death as the highest penalty in its Scale No. 1.
Abolition of the death penalty
Republic Act 7659, approved on December 13, 1993, imposed the death penalty on
certain heinous crimes and amended the revised penal laws and other related
special laws. The crimes punishable with death under this Act are "heinous for
being grievous, odious and hateful offenses and which, by reason of their
inherent or manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of decency and
morality in a just, civilized and ordered society."
In fact, Congress itself admitted that, "Congress, in the justice, public order
and the rule of law, and the need to rationalize and harmonize the penal
sanctions for heinous crimes, finds compelling reasons to impose the death
penalty for said crimes." Among the crimes that were considered heinous were
murder, kidnapping, rape, plunder, and those involving illegal drugs.
However, RA 9346, An Act Prohibiting the Imposition Of Death Penalty in the
Philippines, enacted on June 24, 2006, abolished the imposition of the death
penalty in the Philippines.
"SECTION 1. The imposition of the penalty of death is hereby prohibited.
Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A.
No. 8177), otherwise known as the Act Designating Death by Lethal Injection, is
hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A.
No. 7659), otherwise known as the Death Penalty Law, and all other laws,
executive orders and decrees, insofar as they impose the death penalty are
hereby repealed or amended accordingly."
According to news reports, between 1946 and 1965, 35 people were executed,
mainly convicted of particularly savage crimes marked by "senseless depravity"
or "extreme criminal perversity." Between 1999 and 2000, 7 inmates were put to
death.
In 2006, the sentences of 1,230 death row inmates were commuted to life
imprisonment, in what Amnesty International believes to be the "largest ever
commutation of death sentences."
Arguments for the reimposition of the death penalty
1. To save the Philippines from becoming a "narco-state"
The possibility that the Philippines could eventually become a "narco-state" is
a major reason for the need to reimpose the death penalty.
In 2012, the United Nations said the Philippines had the highest rate of
methamphetamine use in East Asia. Likewise, according to a US State Department
report, 2.1 percent of Filipinos aged 16 to 64 used the drug, which is known
locally as "shabu." 2 and 1/10 % of 110 million Filipinos is roughly 2.31
million. In a report made in 2009, Pacific Strategies & Assessments identified
the Philippines as, "not only a transshipment point, but also a key producer of
synthetic drugs for all of Asia." As of 2013, the illegal drug trade in the
Philippines amounted to $8.4 billion.
Shall we allow such a drug menace to continue and engulf our beloved country?
If we want to save the next generation, our children's children, from the drug
menace, then the death penalty should be imposed. Indeed, drastic times require
drastic measures - death for all drug offenders! Of course, this should be
applied only after a proper observance of due process and rule of law.
2. Even the Bible supports the death penalty
The Bible supports the concept of equal retaliation. This concept is derived
from the Law of Moses found in the Old Testament, which states in part, "an eye
for an eye; a tooth for a tooth." The Law of Moses is likewise known as the
Mosaic Law, the ancient law of the Hebrews, contained in the Pentateuch and
traditionally believed to have been revealed by God to Moses.
Capital punishment finds justification in the biblical passage "Whosoever
sheddeth man's blood, by man shall his blood be shed(Genesis 9:6, ESV)." This
is further bolstered by several verses from the book of Exodus.
Exodus 21:12 - "Whoever strikes a man so that he dies shall be put to death."
Exodus 21:16 - "Whoever steals a man and sells him, and anyone found in
possession of him, shall be put to death.
Exodus 21:23-25 - "But if there is harm, then you shall pay life for life, eye
for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound
for wound, stripe for stripe."
Thus, if one person kills another person (except in instances of self-defense
and situations of imminent danger), then the former deserves to die.
Capital punishment is likewise condoned in Islamic Law, as expressed in the
Quran. The Quran prescribes the death penalty for several hadd (fixed) crimes.
3. It is human nature to fear death
Every human, without exception, is subject to death, and this reality is
frightening to many. Thus, criminals, no matter how fearless they are, would
tend to fear death itself. People fear death because they are not ready to
leave what they love most in life.
All the material possessions that they have accumulated and the fame (or even
infamy) that they have established, they don't want all of that to be erased or
destroyed. The fear of death is the fear that one day everything they have
built up, everything they have worked hard for, will be taken away from them.
In the book of Ecclesiastes, Solomon wrote: "The living are conscious that
death will come to them, but the dead are not conscious of anything, and they
no longer have a reward, because there is no memory of them.
Their love and their hate and their envy are now ended." He added: "Whatever
comes to your hand to do with all your power, do it because there is no work,
or thought, or knowledge, or wisdom in the place of the dead to which you are
going(Ecclesiastes 9:5,6,10)."
Pending House bills
Several House Bills pertinent to the reimposition of the death penalty on
certain heinous crimes are now pending in Congress. The most prominent of these
is House Bill 0001 filed by a group of legislators led by the Speaker of the
House. The bill has more or less the same provisions as the repealed Republic
Act 7659, or the Death Penalty Law.
Accordingly, the death penalty is proposed to be reimposedfor heinous crimes,
which are grievous, odious and hateful offenses. I think the crimes as
enumerated in the proposed bill should be revisited and reviewed to include
only those crimes that fit the criteria for being heinous. Capital punishment
should be meted only for heinous crimes such as murder, kidnapping, plunder,
and illegal drugs-related.
Furthermore, the mode of execution should be limited to lethal injection and/or
the gas chamber. The use of the firing squad, and particularly of hanging, are
considered primitive modes of execution and may not cause instantaneous death.
As such, these 2 modes are abhorred and considered "inhuman," even for
convicted criminals.
Some contentious issues
Anti-death penalty advocates insist that reimposing the death penalty is a
violation of Optional Protocol No. 2, of which the Philippines is a signatory.
This refers to the Second Optional Protocol to the International Covenant on
Civil and Political Rights, Aiming at the Abolition of the Death Penalty, which
was adopted and proclaimed by the United Nations General Assembly Resolution
44/128 on December 15, 1989.
Further, they allege that the proposed House bills are unconstitutional. They
even claim that international treaties are supreme over our local laws.For lack
of material space, I will be addressing these issues in my subsequent column.
"Death is the most terrible of all things; for it is the end," says the Greek
philosopher Aristotle.
Whether you are in favor of or against the restoration of the death penalty,
these are just my insights. Again, quoting Aristotle, "it is the mark of an
educated mind to be able to entertain a thought without accepting it."
(source: Manila Times)
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