Feb. 8



RUSSIA:

Russian opinions on death penalty split evenly, poll shows


Just over 40 % of Russians have told researchers that they wanted the moratorium on death penalty lifted and an equal share of respondents have said that they wanted it to remain in place.

Independent public opinion research center Levada reported on Wednesday that its latest poll had uncovered a major split in the Russian society over the death penalty controversy. According to the research 44 % of Russians want the death penalty returned.

Of these, 32 % said that in their opinion death penalty should be used under the same rules that existed in the 1990s, before the moratorium. 12 % said that they wanted the use of death penalty expanded.

At the same time, 41 % of respondents said that they were against death penalty - 25 % said that Russia must maintain the moratorium and 16 % think that the authorities should take one more step and abolish it from the legislation.

15 % of respondents said they did not have any opinion on the issue.

Researchers also noted in their release that the public attitude towards death penalty had not changed greatly over the past years. In 2015 the share of those who supported it was 41 % and 44 % opposed this measure.

Levada Center's deputy director Aleksey Grazhdankin said that the slightly growing opposition to the death penalty must be connected with the falling crime rate. "Before, our citizens have hoped that harsh punishment would help to fight crime, but in the 2000s the crime rate decreased and so did the public worriedness. This caused the public sympathy towards repressive measures to decrease," he said.

The moratorium on capital punishment was introduced in 1996 in connection with Russia's entry into the Council of Europe. The last execution in the Russian Federation took place on September 2, 1996.

Politicians and officials have raised the issue of re-introducing the death penalty from time to time usually for populist reasons. Many Russian politicians and officials have raised the issue of canceling the moratorium, especially after terrorist attacks or other brutal crimes that attract public attention. However, the country's top authorities have so far refused to introduce any changes to the situation, claiming that the question was too complex.

In mid-January the head of the Lower House Committee for Legislative Work, Pavel Krasheninnikov, said that he personally wanted the Criminal Code to be "cleansed" of any mentioning of death penalty, because this punishment can be neither ordered nor applied.

(source: rt.com)






PHILIPPINES:

Solons won't allow arm twisting on death penalty debate: Atienza

2 party-list lawmakers on Wednesday criticized Speaker Pantaleon Alvarez for threatening leaders to replace deputy speakers and committee chairmen who are against the revival of the death penalty.

Buhay Party-List Rep. Lito Atienza said there are still men and women in the Lower House with integrity who will stand by their principles and not allow themselves to be forced into supporting the proposed reimposition of the death penalty.

"This is a sad day for the 17th Congress. If Speaker [Pantaleon] Alvarez is twisting the arms of his majority, then he is committing a very serious mistake in doing that because he is now trampling on the principles of each member of his majority," Atienza said.

The House Speaker on Wednesday threatened to replace deputy speakers and committee chairmen who are against the administration bill.

For his part, Kabayan party-list Rep. Harry Roque insisted that now is not the right time to support the death penalty, which he said was very divisive.

"This gives the enemies of this administration the traction that they need. This is the worst time to push for the death penalty," Roque said.

He added: "You will drive away our numbers to the enemy if they persist in pushing for the death penalty."

Roque explained that if they persist in passing the death penalty law, it will be struck down as being unconstitutional.

"Because the Constitution says that treaties form parts of the laws of the land," he said.

***********************

Catholics to march vs EJKs, death penalty


The Filipino bishops' fight against extrajudicial killings and the revival of the capital punishment is set to hit a new level as they call on the public to go to the streets.

CBCP President Archbishop Socrates Villegas, in a statement, called on the faithful to join the "Walk for Life" which will be held on February 18 at the Quirino Grandstand in Manila.

"Is it God's will that blood be on our streets? Is it God's will that dead bodies of our brothers and sisters be found in our sidewalks? Is it God's will that mothers kill the infants in their wombs ? It is not God's will," Villegas said.

Since the conclusion of CBCP's 114th plenary assembly last week, the group of prelates has released stinging statements denouncing the government's "reign of terror" with its alleged hand on extrajudicial killings amid the war on drugs and moves to reimpose death penalty for heinous crimes.

"Let us walk for life, let us fill our streets not with blood not with dead bodies but with prayer with courage to walk to stand up for life," Villegas added.

Reinstating the death penalty was one of the campaign promises of President Rodrigo Duterte, a move which he believes would curb criminality in the country.

The capital punishment was abolished under the rule of Cory Aquino.

Death penalty was then restored for "heinous crimes" during the Ramos government, and it was carried out by the Estrada administration starting in 1999 with the execution of Leo Echegaray in 1999. This was followed by a long moratorium, and in 2006, the Arroyo government abolished the death penalty before her visit to then Pope Benedict XVI.

Under some of the bills filed before the Congress, death penalty will be imposed on certain heinous crimes such as murder, parricide, carnapping and drug-related crimes.

Meanwhile, while the government has denied supporting extrajudicial killings, the president himself has repeatedly said that he has no problems in killing criminals.

The Philippine Catholic Church's opposition to these issues has earned the ire of the president.

Duterte even called the Catholic Church as the "most hypocritical institution," even accusing bishops and clerics of corruption and sexual abuse.

(source for both: abs-cbn.com)

***************

10 senators oppose death penalty bill


At least 10 senators - 3 short of clear majority -- have expressed opposition to the proposal to re-impose death penalty as punishment to heinous crimes, Sen. Richard Gordon yesterday.

Gordon, chairman of the Senate committee on justice and human rights, said aside from himself, those against the revival of the death penalty are Sens. Franklin Drilon, Leila de Lima, Risa Hontiveros, Paolo Benigno Aquino IV, Francis Pangilinan, Grace Poe, Ralph Recto, Antonio Trillanes IV and Francis Escudero.

Senate President Aquilino Pimentel III has also expressed opposition to death penalty but he said he is keeping his options open.

"This one throws a spanner to the woodwork." Gordon said.

13 votes are needed to pass a bill in the Senate.

Gordon said if the measure passes the committee level, Sen. Manny Pacquiao or whoever favors the revival of death penalty would sponsor and defend it on the floor during interpellation.

Aside from Pacquiao, those who are pushing for the resurrection of death penalty are Senate Majority Leader Vicente Sotto III, and Sens. Panfilo Lacson and Sherwin Gatchalian.

Gordon also said the Philippines accession to the International Convention on Civil and Political Rights during the administration of President Gloria Macapagal-Arroyo ties the senators' hands.

Drilon said the ratification of the ICCPR "imposes upon us the obligation not to impose the death penalty.

Richard Anthony Fadullon, senior deputy state prosecutor of the Department of Justice, said while the country has commitments and respects international treaties, the DOJ position in favor of death penalty "is anchored on the situation that we have in the country."

"I am not aware if the SOJ (Justice Secretary Vitaliano Aguirre) or the undersecretaries have reviewed all the international covenants that we have entered into in the past," Fadullon told senators.

He said while the country honors international treaties, "but at the same time it should not lose track of the fact that there are certain means which are peculiar to our country that we have to look into."

However, he admitted that there is no way the country could withdraw from the treaty as there is no "opt out" provision in the agreement.

This prompted Gordon to suspend the hearing until the DOJ could submit its position paper on death penalty in relation with ICCPR.

Gordon said the DOJ is expected to submit its position paper next month "which we will determine whether the position is valid or not."

Drilon said the Philippines would risk isolation from the international community if it re-imposes the death penalty law because of the country's commitment to ICCPR.

Aguirre said the planned reimposition of death penalty would not violate the country???s international obligation as the 1987 Constitution, which allows capital punishment, is higher than international treaties.

He referred to Article III, Sections 1 and 9 in the Constitution which allows Congress to impose capital punishment on heinous crimes.

Also, during the 69th UN General Assembly last December 2014, the Philippines, along with 95 other countries co-sponsored a resolution calling for a universal moratorium on the death penalty and reiterated its position when it signed a joint declaration the following year in commemoration of the 4th World Day Against the Death Penalty.

The death penalty in the country was abolished in 2006 with the signing of then President Arroyo of Republic Act 9346 (An Act Prohibiting the Imposition of the Death Penalty in the Philippines), which repealed Republic Act 7659 or the Death Penalty Law passed during the time of former president Fidel Ramos.

The DOJ chief also said there is no truth that the death penalty has a disproportionate impact on the poor as claimed by Sen. Risa Hontiveros.

(source: malaya.com.ph)

**********************

Farinas warns: Don't use quorum to delay death penalty debate----House Majority Leader Rodolfo Farinas makes the warning on the day House justice panel chairperson Reynaldo Umali is expected to sponsor the controversial measure


House Majority Leader Rodolfo Farinas warned congressmen opposing the reimposition of death penalty that if they continue questioning session attendance as a delaying tactic, the House leadership will terminate the debate on the capital punishment bill.

The Ilocos Norte 1st District Representative made the warning on Tuesday, February 7, the day House justice panel chairperson Reynaldo Umali is expected to sponsor House Bill (HB) Number 4727 for second reading.

Assistant Majority Floor Leader Cristina Roa-Puno made the motion for the plenary to continue considering the proposed death penalty bill.

But Buhay Representative Lito Atienza argued that they have yet to check the attendance for the day. The Rules of the House state that congressmen "shall not transact business without a quorum."

Farinas then said that the House leadership is already accommodating the 50 lawmakers who want to interpellate the sponsors of HB 4727.

"In fact, the leadership is accommodating the 50 by starting the debates already. But if they want to have strict quorum only to be able to discuss this, then we will not have enough time to accommodate all the 50," said Farinas.

"I wish to cite to them our rule regarding debates. When it comes to debates on any matter, when 3 [in] favor have spoken and 3 anti or against have spoken, we can move to close the period of debates," he added.

Deputy Speaker Mylene Garcia-Albano then temporarily suspended the session for 25 minutes as more congressmen were urged to arrive at the plenary hall.

A total of 217 lawmakers were present, constituting a quorum.

Umali was then called to deliver his speech to sponsor the controversial death penalty bill.

No less than President Rodrigo Duterte is supporting the return of capital punishment, which he argued would be a way to exact payment for the victims of heinous crimes.

Umali said he is eyeing the passage of HB 4727 on 3rd and final reading by the end of the first regular session of the 17th Congress.

The Philippines was the 1st Asian country to abolish the death penalty under the 1987 Constitution. It was reimposed during the administration of former President Fidel Ramos to address the rising crime rate. It was eventually abolished in 2006, under the presidency of Gloria Macapagal-Arroyo.

The Catholic Church, human rights groups, and some lawmakers have objected to the reimposition of capital punishment, saying it is not a deterrent to crime.

(source: rappler.com)

*****************

Senate hearing on death penalty hits snag


Efforts to revive the death penalty in the country hit a snag yesterday at the Senate, as senators warned of serious repercussions on the Philippines' global trade deals and possible violation of international rights treaties to which the country is a signatory.

Sen. Richard Gordon, chairman of the committee, suspended further hearings on the proposal until the Department of Justice (DOJ) comes up with a good legal justification that the Philippines would not violate any international treaty if it revives the death penalty.

One such treaty is the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which committed the country not to impose the death penalty.

"It would not look good for a nation who signs a treaty to leave it, especially if it is the ICCPR or International Humanitarian Law," Gordon said. "But let's see if we can abandon the treaty and proceed to what we want to do."

The suspension came after the 1st hearing on death penalty bills for heinous crimes filed by Senators Joseph Victor Ejercito, Sherwin Gatchalian, Panfilo Lacson and Manny Pacquiao.

Gordon and Sens. Frank Drilon, Leila de Lima and Paolo Benigno Aquino IV raised the issue on the country's treaty obligations, as well as possible repercussions on trade agreements with countries or economic blocs against the death penalty.

The senators pointed out that under the Constitution, international law forms part of the country's legal obligations.

(source: philstar.com)






IRAN:

Urgent Action


IRANIAN ACADEMIC COULD BE SENTENCED TO DEATH

Iranian academic specializing in disaster medicine Dr Ahmadreza Djalali, a resident of Sweden detained in Iran since 25 April 2016, has been threatened with the death penalty. He has been on hunger strike since 26 December 2016 in protest at his detention.

Write a letter, send an email, call, fax or tweet:

* Calling on the authorities to release Ahmadreza Djalali unless he is charged with a recognizable criminal offence, in line with international law and standards, ensuring that he is not targeted for peacefully exercising his rights to freedom of expression, association and assembly;

* Urging them to ensure he has access to a qualified health professional who can provide health care in compliance with medical ethics, including the principles of confidentiality, autonomy and informed consent;

* Calling on them to ensure that, pending his release, he is protected from any punishment for his hunger strike, including prolonged solitary confinement, which may amount to torture;

* Urging them to ensure that he has regular access to a lawyer of his choice and to his family, including facilities to communicate with those living abroad, and requesting them to grant Swedish consular access to him.

Contact these 2 officials by March 21, 2017:

Important note: Please do not forward this Urgent Action email directly to these officials. Instead of forwarding this email that you have received, please open up a new email message in which to write your appeals to each official. This will help ensure that your emails are not rejected. Thank you for your deeply valued activism!

Head of the Judiciary

Ayatollah Sadegh Larijani

c/o Public Relations Office

Number 4, Deadend of 1 Azizi

Vali Asr Street, Tehran, Iran

Salutation: Your Excellency

Office of the Supreme Leader

Permanent Mission of the Islamic Republic of Iran to the United Nations

622 Third Avenue, 34th Floor

New York, NY 10017

Fax: (212) 867-7086
Phone: (212) 687-2020
Email: i...@un.int

Ayatollah Sayed 'Ali Khamenei

Salutation: Your Excellency

(source: Amnesty International)

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