Dec. 14
BELARUS:
Authorities Reluctant To Smother Their Own Voice
The continued existence of the death penalty in the country remains a principle
position of the Belarusian dictator.
Belarus is on the verge of abolishing the death penalty. Former Chairman of the
Constitutional Court, former Prosecutor General Ryhor Vasilevich said this on
December 13 at the international conference "Abolition of the death penalty and
public opinion", according to euroradio.fm.
"The crime rate today is such that we can do without the death penalty. There
is just 1 condition - this measure should be kept for the crimes of a
terroristic nature," - Vasilevich has stated.
In his opinion, the Council of Europe made a mistake when it deprived Belarus
of the special guest status after the 1996 referendum back in 1997. Vasilevich
believes that it left Belarus without an opportunity of a possible contact with
Europe and learning from its experience. He suggested that the Council of
Europe should take the 1st step towards the Belarusian authorities and restore
the special guest status for Belarus. Perhaps it will encourage the Belarusian
authorities to introduce a moratorium on the death penalty.
On the eve of the event, Rapporteur of the Parliamentary Assembly of the
Council of Europe on the situation in Belarus of the Political Affairs and
Democracy Andrea Rigoni suggested the authorities should impose a moratorium
for a year and see how the situation will change.
Human rights defender Aleh Vouchak has told racyja.com whether the Western
politicians can soft-talk the Belarusian authorities that the country needs
abolishment of the death penalty.
- It seems to me that the continued existence of the death penalty in the
country remains a principle position of the Belarusian authorities. 20 years
ago, the Belarusians voted for the maximum punishment and no one wants to step
back now. Like, we should not stand against the people's will. However, after
20 years a whole new generation grew up, so no one knows how people would vote
today. Anyway, no one has asked for their opinion yet.
- Do the authorities listen to the voice of the public, or pay attention to the
campaigns held to pursue abolishment of the death penalty?
- They do not only fail to listen, they demonstrate the following position -
you can say whatever you want, and we will execute more death convicts in
response. Here is a vivid example. In October, human rights defenders held an
"Against Death Penalty Week", and the authorities executed 3 death convicts at
a time about a month later. So the position remains unchanged and no one could
alter it so far. So, within the framework of some international conferences,
the dialogue seems to be going, but not much else. No specific steps are taken.
Moreover, Europe has generally ceased to press the official Minsk, because
Minsk acts the way it considers appropriate.
- Is the moratorium on death penalty an article of commerce?
- The very existence of the capital punishment primarily damages the image of
the country. That's what the authorities have to understand that they are
counting on some foreign investors. But as they say, the authorities are
reluctant to smother their own voice.
(source: Aleh Vouchak, charter97.org)
GAZA:
Concern around secret sentencing to death of Gaza woman
The case of the 1st Palestinian woman to be sentenced to death in more than 20
years has raised concerns among human right activists in Gaza.
The 26-year-old woman, identified only as Nahia A, was convicted of killing her
husband but her trial was held in secret and even her family has distanced
themselves publicly from the case.
"They were afraid of revenge from the husband's family," said Zeinab Al
Ghounimi of the Centre for Women's Legal Research and Consulting, which stepped
in to help after Nahia A's family declined even to provide her with legal
representation.
Her lawyer, Bakr Torkmani, said the woman is the mother of a young boy and had
been married against her will. She lived in complete destitution in Khan Yunis,
at the southern end of the Gaza Strip, and was repeatedly beaten by her
husband.
Her husband's family has refused to let her see her son since she has been in
jail. "I hope public opinion and media reports will have an impact on the
judges after the haste they showed in handing out this death sentence," said Mr
Torkmani.
According to the Gaza's attorney general Ismail Jaber, the woman stabbed her
husband in the back several times when he stopped to answer a call of nature
while they were out in their donkey cart. She had allegedly purchased the knife
some days earlier. The authorities say she confessed after her arrest on
January 31 and other testimony showed the killing was premeditated. She was
convicted and sentenced on October 5 after a trial held behind closed doors.
"Once all procedural steps have been completed, we will sign off on the
implementation of the sentence," said Mr Jaber.
Nahia A is the 1st woman to be sentenced to death in the Palestinian
Territories since 1994, and her case highlights concerns over the continued use
of the death penalty, especially in the Gaza Strip. Unlike the West Bank,
Palestine's coastal enclave is ruled by the strict Islamist movement, Hamas. It
has also endured a 10-year blockade and 3 wars with Israel since 2008.
Under Palestinian law, murder, drug-trafficking and collaborating with Israel
are all punishable by death. There have been 33 executions in Gaza since 1994
but since Hamas took power there in 2007, 96 people have been sentenced to
death, mostly for spying for Israel. 21 death sentences have been handed out
this year alone.
By contrast, in the West Bank, which is ruled by the Fatah-party-dominated
Palestinian Authority, there have been only 2 executions since 1994 and none
since 2002.
Mr Jaber said the death penalty was necessary to deter revenge attacks and also
because the families of victims demanded it.
"The aim is not to increase criminality," he said. "What we want is to reduce
it and eliminate it." The Palestinian Centre for Human Rights intends to appeal
against Nahia A's sentence. In the meantime, she remains behind bars in Gaza
City.
"Palestinian law does not make a distinction between criminals according to
their sex," said Mr Jaber.
(source: The National)
PAKISTAN:
Only 7 % of executions related to terror charges----Since Dec 2014, 426
criminals executed, mostly in cases unrelated to terrorism; after China and
KSA, Pakistan comes in world ranking of executions in 2016
"Execution of convicted terrorists", the 1st point in National Action Plan, was
included as a deterrent against the terrorists but only 7 % of the total 426
have been executed on the charges of terrorism.
Human Rights Commission of Pakistan (HRCP) data shows that from December 2014
to November 2016, only 29 out of 426 people have been executed under the Anti
Terrorism Act. Vast majority of the 426 executions carried out since the
moratorium was ended for the death penalty in December 2014 has been for crimes
unrelated to terrorism.
There is an ideological debate on the issue of execution in the country as one
side believes the death penalty serve the purpose of deterrent against crimes.
The other side claims that execution can never be a deterrent against the
crimes and this could be justified through the crime data of western countries
where execution is banned.
The legal and constitutional experts also believe there are legal shortcomings
and serious problems in the criminal justice system. Therefore, they say under
these circumstances the extreme punishment is unjustified and illegal.
Syed Nayyar Abbas Kazmi was one of person executed after the moratorium was
ended for the death penalty. His number was 182 on the list of those who
executed in year 2015 and was hanged on July 29, 2015 in Multan jail. He was
charged in murder case and arrested in 1996. According to his family, they were
in negotiation with the victim's family for settlement but before they reached
any agreement he was hanged.
Talking to The News, Syed Naeem Abbas Kazmi brother of Syed Nayyar Abbas, a
resident of a small village Kotla Haji Shah (Layyah), said he was 18 when he
was jailed and spent 19 years in the jail.
"We tried a lot for settlement and were paying the blood money to the bereaved
family. Initially they did not agree for the settlement but when he (Nayyar)
spent more than 1/2 of his life in jail they agreed for the talks. We were
almost in the middle of the negotiation but before we reached an agreement he
(Nayyar) was hanged", commented Naeem Shah.
Soon after the terrorists attack on Army Public School Peshawar in December
2014, Prime Minister Nawaz Sharif addressed the nation and announced a 20-point
National Action Plan (NAP) whereof executing the terrorists was the 1st point.
In 2014, 7 people were hanged. All of them were executed on terrorism charges.
3 of them were involved in attack on General Musharraf. Dr Usman, the
mastermind of GHQ attack and 3 other persons were accused of suicide attack on
Musharraf's convoy.
Similarly, 333 people were hanged in 2015, out of which 15 were executed on the
charges of terrorism whereas the remaining 318 were hanged on murder charges. 3
out of the 15 have been hanged on the charges of attack on Musharraf. 3 have
been charged for highjacking PIA plane whereas 4 people have been hanged on the
charges of attack on Army Public School Peshawar.
From January to November 2016, total 86 people have been executed, out of which
total 7 were hanged on the charges of terrorism. More than 90 % of the
execution occurred in jails of Punjab province. According to the data obtained
from Justice Project Pakistan, a local NGO, 46 persons have been hanged in
Faisalabad,39 in Rawalpindi, 52 in Lahore, 10 in Karachi, 25 in Multan, 31 in
Sahiwal, 33 in Bahawalpur, 4 in Mirpur, 9 in Jhang, 2 in Peshawar, 6 in Jahlum,
7 in Harripur, 5 in Sukkur, 1 in Larkana, 14 in Gujranwala, 13 in Sargodha, 19
in Attock, 6 in Toba Tek Singh, 17 in Mianwali, 7 in Mach, 16 in Gujrat, 9 in
Vehari, 17 in Sialkot, 2 in Haiderabad, 9 in DG Khan, 6 in Kasur, 11 in Kohat
and one in Teemer Graha.
Chairman Pakistan Muslim League-Nawaz (PML-N) and Leader of the House in
Senate, Senator Raja Zafarul Haq, while commenting on the execution says, Islam
teaches to avoid awarding death penalty at first place and it should be applied
as a last resort.
"Sometimes perceptions and human errors cause to make mistakes therefore
awarding death penalty should be avoided. This is such an extreme punishment
which cannot be overturned so easily keeping our criminal and justice system in
view. We have seen many cases when people are wrongly executed. Because of
having no influence and lack of resources they could not challenge the verdict
at the level of apex courts. This is the reason Islam has asked to avoid
awarding extreme punishment as 1st choice," Raja Zafarul Haq remarked.
"Though there is a proper system of punishments for any crime in Islam but
these penalties are used as last resort. For instance there are 12 or 13
precautions which needed to be checked before awarding sentence of cutting hand
of a thief. Similarly death penalty is even the extreme punishment which should
be avoided unless it is necessary. There are many other ways to control the
crimes and bring reforms in the society. The punishment should be awarded
keeping justice system and course of evidence in view", he commented.
"We need to review the capital punishment law and bring changes in it
accordingly keeping our criminal justice system in view," recommended Raja
Zafarul Haq.
Analysis of the official data of Lahore High Court for the year 2014 shows that
total 1105 execution petitions were instituted across the province whereas 458
petitions were pending from the previous years. The courts disposed of 988 (63
%) execution petitions whereas 575 (37 %) remained pending for the next year.
Similarly, the same year 1456 new cases were instituted in anti-terrorism
courts whereas 380 cases were pending from the previous years. The courts
disposed of 1400 (76 %) cases whereas 436 (24 %) cases remained undecided.
According to the Justice Project Pakistan's data, after China and Iran,
Pakistan has become the 3rd ranking country in terms of executing people. In
2016, there is no exact data of executions in China, but 57 people hanged in
Iran whereas Pakistan has executed 86 and Kingdom of Saudi Arabia 93.
The data further shows that till 2013, Pakistan has the largest death row
population in the world as total 8,568 were waiting for death penalties.
According to JPP's data, total 800 prisoners on death row in Pakistan were
tried as 'terrorists'. In 86% of these cases, there was no link to anything
reasonably defined as 'terrorism'. Hence, the 'terrorism' cases represent more
than 1 in 10 of Pakistan's death row in the figures from 2012. However, this is
now estimated to be as high as 30% whereas in the province of Sindh the figure
is as much as 40 %. It is pertinent to mention here that there are currently
over 17,000 pending 'terrorism' cases in Pakistan
Barrister Sarah Belal, director Justice Project Pakistan (JPP) believes
executions can never serve as deterrent against crimes. This could be justified
while analyzing the crime data of entire world as crime has no relation with
hanging someone.
"Our criminal justice system is full of problems. We have problems in
investigation system; there is capacity problem in our police department
whereas bribery and political pressures further add to the miseries of the
people. How can we execute a person when the criminal justice system is
problematic? Therefore first we need to take measures to improve the system and
then think about executing the criminals", commented Barrister Sarah.
The government officials on the other hand have a totally different perspective
on the death penalty. They claim that policy of execution has proven effective
as deterrence against terrorism. According to the official statistics the
number of terrorist attacks has decreased from 1,823 in 2014 to 1,009 in 2015.
Fatalities from attacks have also decreased from 1,761 in 2014 to 1,081 in
2015.
(source: The News)
****************
Death penalty: LHC rejects appeals of 7 military court convicts
The Lahore High Court dismissed on Tuesday the appeals of 7 militants convicted
by military courts in cases of targeted killings.
An LHC division bench comprising Justices Shahid Mahmood Abbasi and Shahid
Mehmood Sethi dismissed the writ petitions of the 7 convicts associated with
proscribed organisations after going through the record of the military court's
proceedings and arguments presented in-camera by the federal government.
The military courts had awarded death penalty to Sabir Shah, Abdul Rauf, Awais
Gujjar, Suleman Pathan, Rafiullah and Sheikh Farhan, but the heirs of the
convicts challenged their sentences before the high court.
On behalf of the appellants, Advocate Ali Zia Bajwa argued the trial of the
convicts was under way in anti-terrorism courts when their cases were shifted
to the military authorities from Kot Lakhpat jail. Neither the convicts were
allowed to meet their families nor given a chance to engage a counsel to defend
themselves before the military courts, he added.
The counsel contended the families of the convicts only come to know about the
military courts' decision through a press release issued by the military's
media cell. He requested the court to set aside the conviction by the military
courts and acquit the petitioners.
The LHC judges, however, rejected the appeal.
Model Town inquiry
The Lahore High Court has dismissed the petition filed by the Pakistan Awami
Tehreek (PAT) seeking the public release of the judicial inquiry into the Model
Town carnage.
On Tuesday, an LHC full bench dismissed the plea for making the
yet-to-be-released report a part of the religio-political party's private
complaint pending in an anti-terrorism court.
Through its complaint, the PAT seeks the trial of prime minister, Punjab chief
minister and others on charges of killing 14 party workers in a standoff with
Lahore police on June 17, 2014.
PAT's counsel Rai Bashir Ahmad argued the Punjab government with mala fide
intention restricted the publication of the report of the inquiry held by
Justice Ali Baqar Najafi.
He said if the report became a part of the ATC proceedings, it would strengthen
the statements of the witnesses.
The lawyer asked the bench to dismiss an order of the trial court and order it
to make the inquiry report a necessary part of the proceedings on the
complaint.
Minhajul Quran Administration Director Jawwad Hamid had filed the petition
against dismissal of their application by the ATC.
The LHC bench headed by Justice Muhammad Yawar Ali dismissed the petition,
announcing a reserved verdict.
(source: The Express Tribune)
BAHAMAS:
Sentence Delayed For The Killers Of Immigration Officer And His Girlfriend
A judge yesterday said she required more time to consider what punishment she
will impose on 2 men convicted of the murder and kidnapping of a Department of
Immigration officer and his girlfriend in Andros.
Zintworn Duncombe, 28, and James Johnson, 22, were due to appear before Justice
Indra Charles yesterday to learn their fate for their respective roles in the
murder and kidnapping of Shane Gardiner and his girlfriend, Tishka Braynen, in
2013.
Duncombe, Johnson, Daniel Coakley, 28, and Cordero Saunders, 26, were all
unanimously convicted of double kidnapping, conspiracy to commit armed robbery
and attempted armed robbery.
The Crown is seeking the death penalty for Duncombe and Johnson.
In yesterday's hearing, none of the defendants was brought down from the
Department of Correctional Services, which Justice Charles explained to
counsel.
"Because of the nature of the matter, I'm unable to render a decision today. I
need more time," the judge said.
Justice Charles has adjourned her ruling to January 17, 2017.
Gardiner and Braynen were allegedly killed after a failed plot to take $8,000
in gambling winnings from the immigration officer. Braynen, of Cargill Creek,
and Gardiner, who lived in Love Hill, both in Central Andros, were reported
missing around 1.45pm on November 24, 2013. Gardiner had recently been assigned
to the island. On December 21, 2013, police in Andros discovered the remains of
a man with "items related to a female."
At a hearing last month, the prosecution argued that the case met the "worst of
the wors" threshold set out in the 2011 amended Penal Code for the
discretionary death penalty to be imposed.
Darnell Dorsett said the victims, based on the testimony of Terrel Mackey, were
taken to Newbold Farms where Duncombe and Johnson, armed with handguns,
demanded money from Gardiner.
"Duncombe shot Shane Gardiner in the head when Gardiner maintained that he had
no money. Braynen started screaming and Duncombe shot her to the head execution
style," the prosecutor added.
Ms Dorsett reminded the judge that the pathologist said that based on
Gardiner's wound, his death was not immediate and so there was evidence of
suffering.
Jerone Roberts, Duncombe's 2nd lawyer, countered that this case did not warrant
the imposition of the death penalty as it did not fall within the "worst of the
worst" threshold set out in prior rulings by the Privy Council.
Mr Roberts stressed that the psychiatrist could not definitively say that the 2
convicts were beyond reform, which is a hurdle the Crown must get over in order
for their application to succeed.
Duncombe, Saunders, Johnson and Coakley, who all maintain their innocence, were
each represented by lawyers Ian Cargill, Moses Bain, Donna Major and Terrel
Butler.
Ms Dorsett and Patrick Sweeting prosecuted the case.
(source: tribune242.com)
TRINIDAD:
Church against death penalty
THE Catholic magisterium has in recent years become increasingly vocal in
opposing the practice of capital punishment, and it was "highly irresponsible"
for anyone speaking on behalf, or perceived to be speaking on the church's
behalf, to urge the imposition of the death penalty of any criminal or class of
criminal.
Making the point yesterday, Roman Catholic Archbishop Joseph Harris said that 2
months ago, the Antilles Episcopal Conference issued a statement opposing the
use of capital punishment, and asked the Governments of TT and Barbados to
change their laws on the issue.
Harris quoted Pope Francis as saying, "More and more it is seen as an offence
against the inviolability of life and the dignity of the human person, which
contradicts God's plan for man and society, and His merciful justice, and
impedes the penalty from fulfilling any just objective. It does not render
justice to the victims, but rather fosters vengeance." The archbishop's
comments were in response to parish priest of St Charles Borromeo RC Church,
Tunapuna, Fr Ian Taylor, who called for the death penalty to be restored during
his homily at Saturday's Mass in response to the killing of Republic Bank
employee Shannon Banfield.
Harris quoted the pope's letter to the president of the International
Commission Against the Death Penalty in which he expressed the church's
opposition to the death penalty and called it "inadmissible, no matter how
serious the crime committed." The pope, Harris said, acknowledged society's
need to protect itself from aggressors, but added, "When the death penalty is
applied, it is not for a current act of aggression, but rather for an act
committed in the past. It is also applied to persons whose current ability to
cause harm is not current, as it has been neutralised.
They are already deprived of their liberty." On questions of methods of
execution, Harris quoted the pope as saying there were discussions in some
quarters about the method of killing, "but there is no humane way of killing
another person." He also quoted Pope John Paul II and Pope Benedict XVI in
calling for an end to the death penalty as a legal sanction. Both popes noted
that significant progress was made "in conforming penal law both to the human
dignity of prisoners and the effective maintenance of public order." The
bishops of many countries have spoken to the same effect, the archbishop said.
He added that the Catechism of the Catholic Church says the traditional
teaching of the church "does not exclude" recourse to the death penalty when it
is "the only practicable way to defend the lives of human beings effectively
against the aggressor." It adds, however, that today such cases are "very rare,
if not practically non-existent." The doctrine on capital punishment has
developed and has moved from accepting the right of the State to impose capital
punishment. Fr Taylor in a release said that church???s centuries- old teaching
on death penalty has been, and still is, that the State has the right to
exercise the death penalty, but it has not demanded that the right be
exercised, and leaves it to the discretion of the State.
He quoted from the Holy Bible to support his call for putting to use the death
penalty, but, like Harris, noted the church???s recent position on withholding
the death penalty citing the sacredness of life and the dignity of the human
person.
(source: Opinion, Miranda La Rose ---- newsday.co.it)
*****************
Rebuked! Archbishop says priest's death penalty view "irresponsible"
Roman Catholic Archbishop Joseph Harris has delivered a stinging rebuke of
Father Ian Taylor, one of his priest who advocated this week for the imposition
of the death penalty.
Harrris declared that capital punishment was an offence against the
inviolability of life and the dignity of the human person.
And it was highly irresponsible for anyone, speaking in the name of the church,
to urge the imposition of the death penalty of any criminal or class of
criminal, he said.
Harris said capital punishment contradicted God's plan for man and society, and
his merciful justice, and impedes the penalty from fulfilling any just
objective.
Harris was responding to calls by certain sectors of society to return hangings
as a deterrent to serious crimes.
Roman Catholic priest Father Ian Taylor on Saturday called for the death
penalty to be swiftly reinstated. Taylor said the country may never come to
terms with last week's killing of bank employee Shannon Banfield.
He said the country was in a state and called for Banfield's killers to face
the hangman as soon as possible.
But Harris, head of the Roman Catholic church, issued a release on Tuesday
stating, "It is highly irresponsible therefore for any person who speaks in the
name of the Church, or is perceived to be speaking in the name of the Church,
to urge the imposition of the death penalty of any criminal or class of
criminal. More and more it is seen as an offence against the inviolability of
life and the dignity of the human person, which contradicts God's plan for man
and society, and his merciful justice, and impedes the penalty from fulfilling
any just objective."
Harris said capital punishment was seen as an offence against the inviolability
of life and the dignity of the human person, which contradicts God's plan for
man and society, and his merciful justice, and impedes the penalty from
fulfilling any just objective."
Harris said the Antilles Episcopal conference had, 2 months ago, put out a
statement opposing the use of capital punishment and asking the Governments of
Trinidad and Tobago and Barbados to change their laws on this issue.
Harris said the Catholic magisterium in recent years had become increasingly
vocal in opposing the practice of capital punishment.
****************************
None ready yet to face hangman----32 inmates in Death Row...
Of 32 inmates on death row, none are yet qualified to meet the hangman but
Attorney General Faris Al-Rawi said he's keeping an eye on the cases and the
hangman will work as soon as it's legally possible.
Al-Rawi said he's kept a close watch on the cases since he assumed office last
September and, the fact is, the law of Trinidad and Tobago states that the
penalty for the conviction of murder is to "hang until dead".
That law has not changed, he said, but none of the inmates on death row are yet
legally ready to meet the hangman.
Some are not yet ready because their appellate process is still going on - that
includes the Court of Appeal, the Privy Council and the Inter-American Council
that sits on human rights.
He noted some are also not ready because of the application of the rule in the
case of Pratt and Morgan, which says a death sentence may be converted to life
imprisonment after 5 years on death row after sentencing.
The AG was speaking to the media on Monday after the adjournment of the
Parliament, following the failure of the Opposition to turn up for debate on
the Foreign Account Tax Compliance Act (FATCA).
He said he had come to the Lower House ready to answer an urgent question by
the Opposition on the resumption of hangings, which Opposition Chief Whip Ganga
Singh had not turned up to ask.
Opposition Leader Kamla Persad-Bissessar, during last Friday's FATCA debate,
attempted a motion to put crime on the table for discussion as a matter of
urgent public business.
She was denied and after refusing to accept House Speaker Bridgid
Annissette-George's suggestion that the motion be placed under a different
standing order, Persad-Bissessar was asked to leave the Chamber.
The Opposition bench followed and did not turn up to the chamber on Monday,
earning stark criticism from the Government bench.
The move Friday by Persad-Bissessar came the day after the discovery of the
body of Shannon Banfield - a bank clerk who had gone missing last week Monday -
in the warehouse of IAM and Company Ltd, on Charlotte Street, Port of Spain.
Banfield's death sparked national outrage and widespread calls by citizens to
bring back the hangman.
Al-Rawi again tied FATCA to Government's crime fight, saying it was imperative
to take the profit out of crime.
On the issue of the resumption of hangings and the 32 cases he is tracking,
Al-Rawi said Government fully intended to apply the law and added: "So I can
guarantee you, those 32 files are on my desk and are constantly reviewed to see
what the position is and from the time a person is qualified to meet the
hangman, the law of Trinidad and Tobago will be applied."
(source for both: Trinidad Daily Express)
PHILIPPINES:
'Death penalty backers banking on emotions, not facts'
A human rights activist said those in favor of death penalty is banking on the
emotions of victims of crimes to justify the push to reinstate death penalty in
the country.
Speaking on ANC, Carlos Conde of Human Rights Watch said there is not enough
factual evidence to show that death penalty can prevent crimes.
"We're still waiting for statistics for the proponents of the bill to show to
us, for instance, that there's an upsurge of crime fueled by drug use, which is
the usual argument by those who are pushing for this bill but we haven't seen
any significant data or statistics that would convincingly show that," he said.
This is also the reason why backers of death penalty bills are banking on
people's emotions instead to gain support for their cause.
"This is why the proponents of death penalty are making this a very emotional
issue, citing, for instance, cases of crime supposedly related to drug use or
heinous crimes supposedly related to drug use but they haven't shown data that
would support the assertion that death penalty is a deterrent to crime," Conde
said.
"The death penalty is a highly-charged political issue that legislators and
politicians often latch on to as their advocacy because it's a very popular
issue. People respond to the death penalty with this very highly emotional
response," he added.
According to Conde, the death penalty is a very popular issue because of
President Rodrigo Duterte.
"This push for the death penalty arises from the popularity of President
Rodrigo Duterte; so as long as he's extremely popular, we expect politicians
and lawmakers to follow his lead," he said.
Conde admitted that it will be difficult for those who are against death
penalty to convince pro-death penalty lawmakers.
"If there is enough groundswell of dissent against these death penalty
proposals in Congress, certainly all those people who did not vote for
President Duterte could make a dent in the argument against death penalty, but
you know, the death penalty is not a very popular issue among advocates," he
said. "It would take a lot of work, to be honest, for those against the death
penalty, to sway the legislators to not push this bill," Conde added.
DETERRENCE
Meanwhile, Volunteers Against Crime and Corruption (VACC) spokesperson Arsenio
Evangelista reiterated that the death penalty will prevent crimes.
"It will deter. For us, it is the biggest weapon now for crime prevention,
deterrence. When it comes to data, pro-life is saying that it is not a
deterrent. It is a deterrent on a very high percentage," he said.
"Precisely, the absence of death penalty will increase extra-judicial killings
because for us, death penalty is a retribution for acts being done to
victims... The certainty of death will create fear among would-be criminals,"
Arsenio added.
Last week, the proposal to reimpose the death penalty has advanced to the
plenary of the Lower House, 10 years after it was abolished.
Voting 12-6-1, the House justice committee approved the committee report of the
substitute bill of the bills restoring the death penalty.
The vote of the mother committee came after an earlier vote of 12-5 adopting
the subcommittee report of the same.
(source: ABS-CBN news)
***************
Drop plans to expand death penalty, bishops ask Philippines
Catholic prayer and protests greeted proposals to expand the use of the death
penalty in the Philippines, with the move drawing outspoken opposition from the
country's bishops.
"Christ died for the criminals and the victims. The love of God is for all. Our
love should be like God's love. For all," said Archbishop Socrates Villegas of
Lingayen-Dagupan at a Dec. 12 prayer rally in San Carlos City.
"We are not protesting without a solution. We are protesting with an
alternative. Reform the criminal justice system," he added. "If there's a death
penalty but the criminal justice system is corrupt, slow and 1-sided, rapist
and plunderer, and (drug) pusher and killer will remain confident."
In 2006 the country abolished the death penalty for crimes involving drugs,
rape and arson. Now, President Rodrigo Duterte and his supporters have sought
to reinstate capital punishment for such crimes, citing rising crime rates and
drug use.
Archbishop Villegas, however, said that the courts can make mistakes, and there
is no way to correct a mistake after a prisoner is executed. He said the death
penalty is "a lazy form of penalty" that does not help reform "those who made
mistakes."
Since July 1, when the new president took office, more than 2,000 people have
died in police operations against illicit drugs, Reuters reports. Those killed
are mainly street level drug dealers, accused by police of resisting arrest.
In the same time frame, another 3,000 people have been killed by masked men and
vigilantes on motorcycles. President Duterte has denied claims of extrajudicial
killings.
Senators have reported that they have no clear proof the killings are linked to
state-sponsored actions. They have told the president to observe due process
for the accused.
Cardinal Luis Tagle of Manila and the Manila archdiocese's presbyteral council
urged a prayer against the death penalty to be recited at all Sunday Masses in
the archdiocese Sunday Dec. 8.
"Father, source and giver of life, we lift our hearts and voices to you. Help
us to build a society that truly chooses life in all situations," began the
prayer, with the response "Lord, heal our pain."
The prayer was on behalf of victims, perpetrators and society.
"There is in our land a cry for vengeance and a move to fill up death rows and
kill offenders but disguised as a call for justice," the prayer continued. "Let
true and lasting justice spring forth."
The prayer petitioned that Jesus, who suffered execution at the hands of the
powerful, help Christians "reach out to victims of violence so that our
enduring love may help heal their wounds."
A separate proposal in the Philippines would lower the age of criminal
liability to 9 years old from 12. The bishops have warned this could escalate
violence related to anti-drug campaigns.
(source: Catholic News Agency)
******************
Death penalty debate set early 2017
House Deputy Speaker Capiz Rep. Fredenil Castro yesterday said the discussions
on the bill to reinstate death penalty, a priority legislative measure of
President Duterte, will be moved to early next year, so that congressmen would
have a thorough plenary debate.
In a radio interview, Castro said he was responsible for moving back the bill's
discussion on the floor because he wanted to prepare to defend it at the
plenary.
Castro is one of the principal authors of House Bill No. 1, which seeks to
reimpose capital punishment for heinous crimes after it was abolished by then
President and now Pampanga Rep. Gloria Macapagal-Arroyo.
"We have to let people know, make them understand and study this measure
because at first glance, you could say you don't want this bill because life
should be respected. This is a reason that is based on one's belief in God and
what they call human rights," Castro said in Filipino.
"It's funny because our people might again be misled. This is why I myself said
I want to prepare for the debate because I will be the one to stand at the
plenary. I will be the one to fight for this bill ... there would be very good
interpellators who are now saying they have not made up their mind whether or
not they would support this bill," Castro said.
He said the measure could be passed in the Lower House if there would be daily
plenary debates on it.
Castro also said he informed House Speaker Pantaleon Alvarez and Majority Floor
Leader Rodolfo Farinas, his coauthors, that the proposal should not single out
drug dealing and drug use.
Castro said if he had his way, he would add more crimes that are as heinous as
the use and sale of illegal drugs to be punishable by death - crimes such as
illegal recruitment, plunder, economic sabotage and human trafficking,
including the ones conducted via cyberspace.
There are 21 heinous crimes proposed to be punishable by death in the bill
approved by the House justice committee - a number which Castro still considers
"too small."
Among the "heinous crimes" included in House Bill No. 1 are treason, qualified
piracy, qualified bribery, parricide, murder, infanticide, rape, kidnapping and
serious illegal detention, robbery with violence, destructive arson, plunder.
It also includes dangerous drug importation, sale and trading, manufacture,
possession, cultivation and unlawful prescription, misappropriating confiscated
illegal drugs and planting of evidence by public officers, and car theft.
(source: newsinfo.inquirer.net)
*****************
Ifugao solon joins anti death penalty law advocates
Representative Teddy Brawner Baguilat has urged the public to add their voice
to the growing chorus calling for a stop to hasty moves in Congress to reimpose
the death penalty.
The Commission on Human Rights as well as the Catholic Bishops' Conference of
the Philippines have already taken a firm stance against the death penalty with
the CBCP saying that the abolition of the death penalty by the 1986
Constitution was "a very big step towards a practical recognition of the
dignity of every human being created to the image and likeness of God, and the
value of human life from its conception to its natural end."
Baguilat added reimposing the death penalty would mean a backward step without
moral necessity.
"Indeed the Constitution says that there must be a compelling reason to
reimpose the death penalty and there is none today," said Baguilat, a member of
the legitimate opposition bloc in Congress known as the "Magnificent 7".
The Ifugao solon reiterated his stand as the House majority led by House
Speaker Pantaleon Alvarez remained resolute in its stance to immediately pass a
law that will bring back the death penalty, ostensibly as part of the campaign
against illegal drugs and criminality. Baguilat had said the plan to railroad
the passage of the death penalty was a grave cause for concern considering that
it had already been established that having a death penalty would not deter the
proliferation of crime. "It is not a deterrent. There is no reliable and
credible data to show that it is," said Baguilat. "That is why I am again
appealing to my colleagues in Congress to not rush into passing such a bill and
instead allow extensive and intelligent discussion."
The Cordilleran lawmaker also said the better move is to strengthen the justice
system to make sure that justice is served quickly and that the real criminals
will go to jail.
"As it is, everybody is saying that the justice system is flawed. That means
what we need is more reform to avoid wrongful convictions. Without reforms,
what will happen is that the poor will again bear the consequence of the
weakness and inconsistency in the application of the criminal justice system.
We need to strengthen that first to make a more lasting impact on criminality.
I have never believed in legislating this ultimate retribution," Baguilat said.
Capital punishment was last suspended in 2006 by President Gloria
Macapagal-Arroyo. At that time, Congress was overwhelmingly supportive of the
tenet that life has value. President Duterte, however, has consistently said
that he wanted it back as part of the package of measures to supposedly stop
the proliferation of drugs and criminality.
"I have always said that I am supportive of the President's campaign against
drugs and criminality. But there is the right way to do it and reimposing the
death penalty, which will violate our international commitments, is not the
right way," said Baguilat.
(source: sunstar.com.ph)
SUDAN:
2 Christian Pastors Facing Death Penalty in Sudan for Their Faith: Global
Petition Launched
Time is running out for two Christian pastors facing a possible death penalty
in Sudan, the American Center for Law and Justice is warning as it launches a
global petition asking the world to help save the 2 men.
The Rev. Hassan Abduraheem and Rev. Kuwa Shamal have been arrested,
transferred, and re-arrested on multiple occasions this past year in the
Islamic-majority country of Sudan, with government officials accusing them of
national security crimes.
ACLJ Chief Counsel Jay Sekulow is arguing, however, that the imprisonment and
the threat of a death penalty punishment are directly linked to the pastors'
Christian faith, and has warned that if other believers don't speak up, the
government of Sudan will send them to their deaths.
"They could be sentenced to hang for their faith if the world is silent,"
Sekulow wrote in an email, linking to the petition.
"Christian Pastors Hassan and Kuwa need your voice now. Time is of the essence,
as the trial continues. Our silence could be their death," he added.
"Other Christians facing death in Sudan are now free because you spoke out. Be
heard now for these persecuted Christians."
Sudanese authorities have arrested numerous Christian pastors in the past
couple of years, with South Sudanese Presbyterian Pastors Yat Michael and Peter
Yein Reith also facing a possible death penalty until they were freed from
prison in August 2015.
The ACLJ's newest petition, which has already been signed by 56,000 people,
warns that there is a "deadly crackdown" on Christians in Sudan.
The petition also notes that Abduraheem and Shamal have spent 12 months in very
poor conditions, with their situation unlikely to improve unless others speak
out.
Other persecution watchdog groups, such as Christian Solidarity Worldwide, have
also been reporting on the case against the two pastors. Back in May, lawyers
who are representing the two men noted that the clergymen are being held in
small rooms "with intermittent electricity supply and limited ventilation."
Shamal and Abduraheem are reportedly both from the Nuba Mountains in South
Kordofan, an area which the central government has targeted since 2011 in an
aerial bombardment campaign against the Sudan People's Liberation Movement,
leading to many civilian deaths.
CSW's Chief Executive Mervyn Thomas said back then that the treatment of the
two pastors is "indicative of a government campaign to harass and restrict the
rights of the Christian community."
"We urge the authorities to end the judicial harassment of the Christian
community and to uphold the right to freedom of religion or belief for every
citizen. We also call on the Sudanese authorities to rectify any derogation
from constitutional and international fair trial principles and ensure that the
men are detained in a safe and habitable environment," Thomas added.
(source: christianpost.com)
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