Dec. 3
PHILIPPINES:
Block return of death penalty in PH - Human Rights Watch----The failure of the
death penalty as a crime deterrent is globally recognized and the government
should maintain the prohibition on its use,' says Human Rights Watch deputy
Asia director Phelim Kine
Another human rights group called on Philippine lawmakers to reject the
proposed revival of the death penalty in the country.
Human Rights Watch (HRW) on Saturday, December 3, urged the Philippine
government to acknowledge death penalty's "barbarity."
"The failure of the death penalty as a crime deterrent is globally recognized
and the government should maintain the prohibition on its use," HRW deputy Asia
director Phelim Kine said in a statement.
The call comes days after the justice panel's subcommittee on judicial reforms
of the House of Representatives approved House Bill 1, which seeks to reimpose
capital punishment for all heinous crimes. (READ: Minority accuses House panel
of rushing death penalty bills)
The death penalty was abolished in 1986 when President Corazon Aquino took over
the reins of power from Ferdinand Marcos. It was reintroduced by President
Fidel Ramos in 1993, then suspended again in 2006.
HRW joins other groups such as Amnesty International and the International Drug
Policy Consortium in opposing the revival of the death penalty in the
Philippines.
On Saturday, HRW said the alleged deterrent effect of the death penalty "has
been repeatedly debunked."
The group said it rejects death penalty "in all circumstances because of its
inherent cruelty."
In addition, HRW pointed out that reviving the death penalty would be a
violation of the Philippines' international legal obligations.
This includes the Second Optional Protocol of the International Covenant on
Civil and Political Rights (ICCPR), which states that "no one within the
jurisdiction of a State Party to the present Protocol shall be executed" and
that "each State Party shall take all necessary measures to abolish the death
penalty within its jurisdiction."
The Philippines signed the Second Optional Protocol to the ICCPR in 2006 and
ratified it in 2007. (READ: Lawyers' group opposes death penalty,
'shoot-to-kill??? policy)
Drug-related offenses
But as early as his 1st month in office, President Rodrigo Duterte had already
asked lawmakers to revive the death penalty, especially for drug traffickers.
In its statement on Saturday, HRW said that where death penalty is permitted,
human rights law limits it to "the most serious crimes" typically those
resulting in death or serious bodily harm.
According to the group, the United Nations (UN) Human Rights Committee and the
special rapporteur on extrajudicial, summary or arbitrary executions already
concluded that the death penalty for drug offenses fails to meet the condition
of "most serious crime."
HRW also noted the many instances international organizations urged countries
to prohibit the use of death penalty for drug-related offenses:
--In a March 2010 report, the UN Office on Drugs and Crime urged countries to
take an overall "human rights-based approach to drug and crime control."
--In its 2014 report, the International Narcotics Control Board encouraged
countries to abolish the death penalty for drug offenses.
--In September 2015, the UN High Commissioner for Human Rights reaffirmed that
"persons convicted of drug-related offenses ... should not be subject to the
death penalty."
"Reinstatement of the death penalty won't solve any drug-related societal
problems that Congress House Bill No. 1 seeks to address," Kine said.
He added: "It will only add to the already horrific death toll that President
Rodrigo Duterte's 'war on drugs' has inflicted on Filipinos since he took
office on June 30."
From July 1 to December 1, the Duterte administration's campaign against drugs
has already seen at least 5,845 personalities killed both from legitimate
police operations and vigilante-style or unexplained killings
*********************************
A lethal mix? Death penalty and a 'flawed, corrupt' justice system----In People
v Mateo in 2004, the Supreme Court says 71.77% of death penalty verdicts handed
by lower courts were wrong. The SC reduced the sentences to life imprisonment
and, even, acquittal.
With intensified calls to revive the death penalty, is the Philippines,
particularly its criminal justice system, ready for it and its consequences?
No less than President Rodrigo Duterte is pushing for the reimposition of the
death penalty, a law that was repealed by his newfound ally former president
and now Pampanga Representative Gloria Arroyo in 2006.
Critics say certainty of punishment - not death penalty - is effective in
preventing crimes, urging the government to focus first on reforming the
justice system. But Duterte defended his stand, saying the punishment of death
is more of retribution than deterrent.
"The other school of thought is, 'the death penalty is not to instill fear, not
to deter'. Whether you like to commit a crime or not, that's not my business.
Death penalty to me is the retribution," said the President also known as "The
Punisher."
Duterte, a believer in karma and eye-for-an-eye justice, said the death penalty
is a way to exact payment from a perpetrator of a heinous crime.
"You pay for what you did in this life)," he said.
It is, however, not as easy and simple as it seems, with the kind of judicial
system the country has. Before a court metes out a verdict of death, the case
has to undergo several stages of the Philippine criminal justice system, which
critics say, is widely known to be flawed and corrupt.
Corruption, incompetence
As with many government agencies, the justice system is primarily plagued with
issues of corruption - from paid law enforcers to paid prosecutors and
justices, among others. This, in turn, only further spawns injustice, opponents
of the bill said.
Albay Representative Edcel Lagman, one of the staunch critics of the revival of
the policy, said the death penalty could not be mixed with the present
"defective:" justice system.
"You will allow death penalty in a flawed and defective justice system, many
incompetent and corrupt prosecutors and judges, so talagang mahirap ang
mangyayari nito (this will be really difficult). It will exacerbate injustice,
spawn too much injustice because of flawed judicial and prosecutorial systems,"
Lagman said in an interview on Friday, December 2.
Another problem is the supposed incompetence of court officers. Jose Manuel
Diokno, dean of the De La Salle University Law School, said crime and
corruption are rampant because the system is not delivering the justice that
the people "need, deserve, and are clamoring for."
The prosecution rate is only 20%. This means only 1 out of 5 cases prosecuted
by the National Prosecution Service under the Department of Justice is elevated
to the Office of the Ombudsman.
Not all those who are convicted serve their punishments, Diokno said: "You'll
be surprised, only less than 10% serve their time."
"The reason they are so rampant and that they are operating with impunity is
because of shoddy police work, ineffective police investigation, and weak
prosecution," he added.
Human Rights Commissioner Karen Dumpit said training of police investigators
should be intensified "so they can handle data in ways that will materially
enhance evidence presented in prosecution."
Dumpit said this has been a problem. What happens in many instances is that the
police fail to gather evidence that could strengthen a case. If evidence is
weak, the prosecutor would not have a strong case and might end up losing the
legal battle against the violator. In short, there is no certainty of
punishment.
Dumpit added prosecutors should be trained against any form of prosecutorial
misconduct. Violators, she said, should be caught and held accountable.
Easier said than done, though, as this problem has long been inculcated in the
justice system: "Political will is needed," she said.
"The court is not infallible, not in any country. How can we advocate permanent
taking of life when there are mistakes like these that cannot be rectified?"
Dumpit said.
Another problem hounding the judiciary is the lack of budget and manpower,
leading to the backlog of cases. There are even courts without judges - a
problem that gives birth to further delays in justice.
Diokno said courts, "if lucky", take at least 6 to 10 years to decide on
criminal cases, while some take as long as 29 years. High-profile cases are no
exception to this, such as the Maguindanao massacre, which has been ongoing for
7 years now. How much more for ordinary criminal cases?
"Why is there such a terrible state? Because courts are plagued with vacancies.
20% of trial courts have no judges. 1 out of 5 salas has no one to decide. Even
our prosecution service has a higher vacancy rate of 25%," Diokno said.
Justice Secretary Vitaliano Aguirre on July 1 - his 1st day in office - said
the DOJ is planning to hire at least 500 prosecutors nationwide, saying only
42% vacancies in the National Prosecution Service (NPS) have so far been filled
up.
Lower courts issued wrong verdicts
While it is the lower courts' role to issue verdicts, the Supreme Court
automatically reviews cases wherein death, reclusion perpetua or imprisonment
from 20 years and 1 day to 40 years, or life imprisonment, is imposed.
A new precedent, however, was set in 2004 when the SC allowed an intermediate
appeal to the Court of Appeals to ensure the correctness of death penalty
decisions.
This is because majority of the death verdicts by regional trial courts were
either revoked or modified by the SC upon review. The High Court itself said
this in its decision in People v Mateo in 2004.
In the said case, the SC said that for 11 years from 1993 to June 2004, 907 out
of 1,493 cases were submitted to them for review. Of this number, the death
penalty was affirmed in only 230 cases or 25.36%.
More than half (53.25%) or 483 death penalty cases were reduced to reclusion
perpetua while 65 were acquitted. All in all, the SC revealed the judicial
error of 71.77%. In short, it saved 651 out of 907 appellants from death.
Acknowledging this problem, the SC said all possible venues should be allowed
to truly determine the guilt or innocence of an accused, especially if a
person's life or liberty is at stake. But the SC, just like the lower courts,
also faces the problem of being overloaded with cases.
"If only to ensure utmost circumspection before the penalty of death, reclusion
perpetua or life imprisonment is imposed, the Court now deems it wise and
compelling to provide in these cases a review by the Court of Appeals before
the case is elevated to the Supreme Court," the SC said in People v Mateo.
"Where life and liberty are at stake, all possible avenues to determine his
guilt or innocence must be accorded an accused, and no care in the evaluation
of the facts can ever be overdone," the SC added.
It remains unclear, however, how this 2004 decision would shape the present
debates on the controversial measure. But the anti-death penalty groups are
sure to bank on it, like Diokno.
"It's a shocking reason. The court revealed for the 1st time that the
staggering 71.77% of decisions handed down by Regional Trial Courts were wrong,
which meant 7 in 10 on death row were wrongfully convicted," Diokno said.
The SC, however, has also proven that it is not infallible. In the case of Leo
Echegaray, the last convict to undergo lethal injection, then chief justice
Artemio Panganiban said in a speech on May 30, 2006 that the High Court made a
mistake when it affirmed the death sentence against him.
Panganiban argued that the sentence should have been downgraded to life
imprisonment, noting that it was not proven in court that Echegaray was the
biological father of the victim.
Another case was that of Marlon Parazo in 1999, a deaf, blind, mute, and
retarded man accused of rape and attempted homicide. According to a PCIJ
report, Parazo was meted the death sentence in 1995, and the lower court that
tried his case did not ensure that he clearly understood the proceedings. His
disabilities were also never mentioned in court, not even by his
court-appointed lawyer.
His death sentence was affirmed by the SC in 1997. Taking over the case, the
Free Legal Assistance Group or FLAG won and the SC reversed itself in 1999.
Death penalty anti-poor?
With the President himself vowed to reimpose the death penalty for his war
against crime, some opponents of the measure warned that it would end up
discriminating against the poor.
Lagman, in his counter speech to the 1st State of the Nation Address of
Duterte, said only rich people could afford getting top lawyers to defend
themselves.
"The death penalty is anti-poor because indigent and marginalized litigants
could not afford the high cost of top caliber and influential lawyers to secure
their acquittal," Lagman said.
Recalling the early 2000s, during the campaign for the abolition of the death
penalty, Lagman said 73.1% of death row inmates then belonged to the lowest and
lower income classes, while only 0.8% came from the upper socio-economic class.
"This is really anti-poor. Almost all on death row are poor and those are rich
can afford to get the best lawyers, and have influence on the courts. If
indicted, they can seek and work for acquittal. If convicted, they can work for
pardon. That's why those who are hit are the poor," he said.
Diokno shared the same sentiment. Citing previous data from his organization
FLAG, he said 73% of capital offenders then earned below P10,000 monthly, 81%
had low-income jobs in the manufacturing, sales, and transport sectors, 74%
were arrested without warrants and were not assisted by legal counsels during
investigations.
"In my own personal view, death penalty is a myopic view, narrow-minded
thinking. The President refuses to see 2 things: both extrajudicial killings
and judicial killings are anti-poor," Diokno said.
With all these issues and problems, critics said the country's judicial system
should be reformed first before even considering the reimposition of the death
penalty.
Senator Leila de Lima, fiercest critic of Duterte and also a former secretary
of justice, said certainty of punishment - not death - would deter crimes. This
could only be achieved, she said, through reforms in the system.
"And there can only be certainty of punishment if we have a duly functioning
and effective justice system, especially the 5 pillars of the criminal justice
system - investigators, prosecutors, courts or judges, the correctional, and
then the community," said De Lima, who filed an alternative bill to the death
penalty.
While the House of Representatives, filled with newfound allies of the
President, is keen on approving the measure before the year ends, the same
could not be easily said of the Senate, as the committee on justice and human
rights has yet to start hearings on the issue.
In the meantime, both pro- and anti-death penalty groups are making their case
before the public, whose collective voice could ultimately shape politicians'
stand on the measure.
(source for both: rappler.com)
IRAN:
Corrupt billionaire's death sentence upheld by Iran's supreme court
The Supreme Court of Iran has upheld a death sentence that a court had handed
down to Iranian corporate mogul Babak Zanjani in March on corruption charges,
an official said Saturday.
Speaking to the Tasnim News Agency, Ansari, a ranking official at the Supreme
Court, confirmed that Zanjani's death sentence has been upheld.
Zanjani and 2 of his accomplices were given the death penalty in March.
One of Iran's richest men, Zanjani was arrested in December 2013 after 12
Iranian lawmakers accused him of corruption, calling for an inquiry into his
financial activities in a letter to the heads of the three branches of the
Iranian government.
According to the indictment against him, the billionaire was faced with charges
including 'corruption on earth', massive fraud at Iran's Oil Ministry, and
money laundering.
Experts say the estimated net worth of his assets is around $13.8 billion. The
business tycoon, aged 42, owned and operated many holdings and companies,
including the UAE-based Sorinet group, Qeshm Airlines and Rah Ahan Soccer Club
in Iran.
(source: Tehran Times)
PAKISTAN:
Free at last: After a decade in jail, death row inmates acquitted by SC
The Supreme Court has acquitted 2 convicts implicated in 2 different murder
cases after they spent a decade on death row in separate jails.
Legal experts praised Justice Asif Saeed Khosa's approach in deciding criminal
appeals, saying several convicts had been acquitted after lengthy
incarcerations.
Justice Khosa, considered one of the best judges dealing with criminal cases,
is heading a special 3-judge bench hearing such appeals for the past couple of
years.
A senior Supreme Court official told The Express Tribune that the bench was
speeding up listed cases on a daily basis and there was no need for
adjournments.
He pointed out that although pendency of cases in the SC had surged by more
than 30,000 all criminal appeals would be decided by the middle of the next
year.
SC acquits life sentence convict after 11 years
A lawyer, Chaudhry Faisal Hussain, maintained that Justice Khosa's judgments
were being cited by Harvard University and also by the courts in India.
On Friday, the bench acquitted Muhammad Anaar who was in prison for more than a
decade on charges of murder.
Ghufran Rashid Imtiazi, who represented the convict, told The Express Tribune
that Anaar was handed down the death penalty by a sessions court in Mandi
Bahauddin in a murder case in 2008. 3 years later, the sentence was converted
to a life term by the Lahore High Court (LHC). He was implicated in the murder
of the husband of a woman he knew.
Acquitting the convict, the apex court observed that there were several flaws
in the post-mortem report.
During the hearing, Justice Khosa observed that the accused were languishing in
jails because of false testimonies and no action was being taken against
witnesses who submitted false statements.
Later, the bench also acquitted another death row prisoner, Muhammad Sadique,
who was convicted in an honour killing case. He had also spent a decade in
jail.
Both decisions came a week after the court acquitted a death row prisoner who
had been incarcerated for 2 decades.
The court heard Mazhar Farooq's 5-year-old appeal against the confirmation of
his death sentence by the LHC in 2009. Farooq, a resident of Kasur, was
supposedly involved in the murder of one Nisar Ahmed. A case was registered
against him in 1992, and he was arrested in 1996.
Supreme Court acquits death row prisoner jailed for 20 years
In October this year, the same bench exonerated a man, who was handed down the
death sentence by a sessions court in April 2004, 2 years after his execution.
Mazhar Hussain, whose original appeal against the death sentence was turned
down by a high court, died of a coronary failure in prison about 2 years ago.
The wrongful execution of the 2 brothers in a southern Punjab district have
also exposed serious flaws in the criminal justice system.
On October 6, the same bench while hearing 7-year-old jail petitions, a 3-judge
bench of the Supreme Court, headed by Justice Asif Saeed Khan Khosa, acquitted
the 2 brothers - Ghulam Qadir and Ghulam Sarwar. They had been condemned to
death for killing Abdul Qadir, Muhammad Akmal and Salma Bibi on February 2,
2002 in Rahim Yar Khan district.
(source: The Express Tribune)
SAUDI ARABIA:
Saudis call for execution of woman without hijab
A woman in Saudi Arabia has sparked outrage after posting a photo of herself on
Twitter without an abaya or hijab, and is now facing calls for her execution.
Some social media users reacted with outrage after the photo was posted under
the Twitter handle of Malak Al Shehri, which has since been deleted, the
International Business Time reported.
An unnamed student who reposted the image told the website that Ms Al Shehri
had announced she was going out to breakfast without either a hijab or abaya.
The student said she started receiving death threats after posting proof in
response to followers who had asked to see a photo.
"So many people re-tweeted it and what she did reached extremists, so she got
threats," the student said. "She deleted her tweets but they didn't stop, so
she deleted her account."
A hashtag which translates into English as "we demand the imprisonment of the
rebel Angel Al Shehri" subsequently went viral.
One user wrote "we propose blood", while another demanded a "harsh punishment
for the heinous situation." A man even called for the state to "kill her and
throw her corpse to the dogs."
Despite the outrage, many more users in Saudi Arabia came out in support of the
woman's actions.
(source: The Express Tribune)
SINGAPORE/NIGERIA:
Joint Statement: International organisations condemn the execution of Chijioke
Obioha in Singapore
A Joint statement issued by above international organisations, has condemned
the execution of Nigerian national, Chijioke Stephen Obioha in Singapore.
Read below:
"We, the undersigned organisations, condemn the shameful execution of a
Nigerian national, Chijioke Stephen Obioha, and a Malaysian national, Devendran
a/l Supramaniam in Singapore on 18 November 2016, which runs counter to global
trends towards abolition of capital punishment."
Around the same time, at the 50th and 51st meeting of the UN General Assembly's
Third Committee's 71st session proceedings, the Singapore representative
introduced amendments, undermining the spirit of the draft resolution calling
for a moratorium on the death penalty, supported by states such as Syria, Egypt
and Bangladesh.
We remain appalled that Singapore continues to execute people in contravention
of international law and standards. The 2 men were sentenced to mandatory death
penalty, after being convicted of drug trafficking, which does not meet the
threshold of the "most serious crimes".
In July 2011, during its first Universal Periodic Review (UPR), Singapore
accepted a recommendation that called on the government to make available
statistics and other factual information on the use of the death penalty
(A/HRC/18/11, para. 95.15). The lack of transparency in relation to the
scheduled executions therefore remains deeply concerning and prevents informed
and meaningful debates in the country on the retention of this punishment.
We would like to express our regret and share in the disappointment of the
families of the executed men. We oppose the use of capital punishment in all
circumstances, as a violation of human rights which can never be justified
under the flawed assumption that it has a unique deterrent effect.
Signatories:
Singapore
Function 8
Humanitarian Organization for Migration Economics (HOME)
Project X
Singapore Anti-Death Penalty Campaign (SADPC)
Think Centre
We Believe in Second Chances
Malaysia
Suara Rakyat Malaysia (SUARAM)
Malaysians Against Death Penalty & Torture (MADPET)
Indonesia
Human Rights Working Group (HRWG)
International Groups and Networks
Amnesty International (AI)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Anti-Death Penalty Asia Network (ADPAN)
Coalition for the Abolition of the Death Penalty in ASEAN (CADPA)
Ensemble contre la peine de mort (ECPM)
Franciscans International (FI)
Human Rights Watch (HRW)
International Commission of Jurists (ICJ)
International Federation for Human Rights (FIDH)
World Coalition Against the Death Penalty (WCADP)
(source: niyitabiti.com)
EGYPT:
Irish student facing death sentence in Egypt 'begs to be buried back home' if
he cannot be saved----Writing from his Egyptian jail cell, 21-year-old Ibrahim
Halawa speaks of torture and his own death
An Irish student who has been detained without trial in Egypt for 3 years has
written home begging to be buried back in Ireland if he does not make it out of
jail alive.
Ibrahim Halawa was arrested for allegedly taking part in protests in Cairo in
2013, when he was just 17 years old, and has had the threat of a death sentence
hanging over him ever since.
Last week, it was reported that the Irish Prime Minister, Enda Kenny, had
written to Egyptian President Fattah al-Sisi requesting Mr Halawa's immediate
release. That request has been rejected, according to The Times.
The 21-year-old student, who was born and raised in Dublin, has now written a
letter from jail which carries concerning references to torture and his own
death.
"Dear Ireland," the letter reads. "I have been taken away from you for so long.
But I miss you dearly. It's really out of my hands. I just can't understand why
they have kidnapped me away from you."
Mr Halawa has previously compained of witnessing torture and himself suffering
physical and psychological abuse.
He wrote: "Ireland, I really need to complain to you about how one human enjoys
torturing another human, the continued injustice, the oppression and the
killing of the innocent."
And in a final paragraph which appears to allude to the fact that, if
convicted, he faces a death sentence, he said: "One final wish, I beg from you,
if I die away from you take me back from them to be buried in your soil to feel
your goodbye tears."
Mr Halawa faces a mass trial, but the shambolic nature of proceedings has seen
the hearing adjourned 16 times.
The Irish foreign minister, Charlie Flanagan, has raised the student's case
multiple times with his Egyptian counterpart, according to the Irish Times,
while EU foreign affairs chief Federica Mogherini has also reportedly raised
the case with Cairo.
And Reprieve, the UK-based legal charity which is working on Mr Halawa's case,
said the UK also had a role to play in bringing pressure to bear on the
Egyptian government.
Theresa May met President Sisi in September, and the Foreign Office says she
impressed on him "the importance of human rights" being observed by the
Egyptian regime.
Yet at the same time, during a session in the Commons at the end of November
minister Tobias Ellwood admitted Britain was "providing support" to the
Egyptian security forces.
Asked about the security situation in the country, Mr Ellwood said: "President
Sisi is very conscious of the challenges that Egypt is facing from its own
extremists, and Britain is providing support on that."
Speaking to The Independent, Reprieve's director Maya Foa said: "The UK
continues to provide assistance to President Sisi - a man who has presided over
the jailing, torture and sentencing to death of hundreds of alleged protestors,
including children.
"Ministers have a duty to ensure that UK support doesn???t inadvertently
bolster the detention of people like Ibrahim Halawa - a juvenile who should
never have been locked up in the first place.
"While it's welcome that Theresa May has raised human rights concerns with
Sisi, the Prime Minister must now push strongly for the release of all those
detained on political charges- including Ibrahim."
Read Ibrahim Halawa's letter from Wadi el Natroun Prison in full:
"Dear Ireland,
I really don't know what to say, I have been taken away from you for so long.
But I miss you dearly. It's really out of my hands. I can't understand, I just
can't understand why they have kidnapped me away from you. So young I was while
you were teaching me how to live, laugh, love and care. But they have taken me
away before you had the time to teach me how to struggle, how to deal with evil
and hatred.
When I was young I used to run to you whenever I was sad and needed to complain
about my humongous kiddie problems. The time my Mum delayed getting me the
latest PlayStation game when all the other friends had it. Or when I wasn't
allowed stay out late at night. And when I entered secondary school and exams
were much tougher than before. Or that time I came to complain about my first
teenage love.
Do you remember when I came running to you crying about the kid who screamed at
me saying "go back to your country" and as usual you were crying rain and I was
relieved because you were sharing my crying. But now that I'm growing up away
from you and banned from talking to you, who am I supposed to complain to now
that my kiddie worldly problems turned out to be just a drop in the ocean.
Ireland, I really need to complain to you about how one human enjoys torturing
another human, the continued injustice, the oppression and the killing of the
innocent. Ireland I'm lusting to walk on the sand of Bray beach, screaming
freedom from the top of the Cliffs of Moher, your rainforest trees to hug me
tight and make me feel safe again and that kind bus driver on the daily
commute, smiling at me even thought he does not know me.
Ireland I really want to complain to you about the people my parents voted for,
to protect me in any land and under any sky, and have failed to bring me back
to you. Now I understand that you were not crying this rains with me but you
were crying because of what the world holds for me
One final wish, I beg from you, if I die away from you take me back from them
to be buried in your soil to feel your goodbye tears."
Ibrahim Halawa,
Wadi el Natroun Prison
29/11/2016."
(source: independent.co.uk)
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