Feb. 9
IRAN:
6 Iranian juveniles have death sentence curtailed
Iran has commuted death sentences against 6 juvenile offenders following UN
criticism it was executing people who had committed crimes as children at "an
unprecedented rate", a report said Thursday.
Prosecutors asked the judiciary to reconsider 10 cases, the Shahrvand newspaper
quoted Tehran chief prosecutor Abbas Jafari Dolatabadi as saying.
"6 requests were accepted and their death sentences overturned," he said.
International conventions outlaw the death penalty for offences committed by
minors but Iranian law allows executions of those convicted of such offences
once they reach 18.
However, it also allows for death sentences to be commuted to compensation to
victims' families if it is determined that the juvenile offenders did not
understand the full gravity of their actions.
Shahrvand did not specify what the judiciary decided in the other 4 cases
referred to it.
Last week, UN human rights experts appealed to Iran to cancel the looming
execution of Hamid Ahmadi who was 17 when he was sentenced to death in 2009 for
the fatal stabbing of a young man during a fight.
They said that last month they intervened to halt the execution of another
juvenile offender, and that they had learnt too late that 2 others were hanged
on January 15 and 18.
The executions were carried out secretly and those killed were buried at mass
graves outside the capital, with families not informed of their fate.
(source: enca.com)
PHILIPPINES:
Restoration of death penalty gets mixed reactions in Leyte
Officials in Leyte province have expressed varied opinions on the proposed
re-imposition of death penalty in the country.
Leyte second district Representative Henry Ong said the better way to crime
prevention is to address the root cause of criminality -- poverty and lack of
education, not killing the criminals.
"I don't think that death penalty is the solution. If we only do our part and
give them the economic support and give children proper education and guidance,
I don't think criminality will increase," Ong said. He said no one pressured
him to oppose death penalty, stressing it was his belief as a Roman Catholic
that life is sacred.
"As a Catholic, I was taught and raised to respect and love life. I don't think
it will really solve the problem and if ever this will be passed, poor people
who cannot afford to have good lawyers are the ones who would suffer," Ong
said. Eastern Visayas has 13 representatives in Congress and only 2
representatives support death penalty -- Leyte third district Representative
Vicente Veloso and An Waray party-list Representative Victoria Isabel Noel.
Noel clarified that although she supports death penalty, the imposition should
only be on heinous crimes and on drug-related cases. The party-list lawmaker
believes that the imposition of death penalty could help the government deter
heinous crimes. For a member of the Archdiocese of Palo clergy, Fr. Mark Ivo
Velasquez, "the return of the death penalty will not make ours a more just and
secure society."
"Proof of this is the nations in which it is still practiced. On the contrary,
it will make us into a more violent and bloodthirsty people, who seek revenge
over justice. Under the cloak of mere legality, society would administer as a
remedy the very disease it tries to eliminate," Fr. Velasquez said.
He added that death penalty is not justifiable in the eyes of God.
The restoration of capital punishment in the country has been the subject of
plenary debates in Congress after the House of Representatives' justice
committee approved in December last year a report containing the substitute
bill that would allow it back in the criminal justice system.
The measure, which is a consolidation of 7 House bills of the same intent, has
enumerated heinous crimes punishable by death penalty, namely: Treason; Piracy
in general and mutiny on the high seas or in Philippine water; Qualified
piracy; Qualified bribery; Parricide; Murder; Infanticide; Rape; Kidnapping and
serious illegal detention; Robbery with violence against or intimidation of
persons; Destructive arson; Plunder; Possession of dangerous drugs; Carnapping,
among others.
The mode of capital punishment could either be through hanging, by firing squad
or lethal injection.
(source: sunstar.com.ph)
*********************
'Supermajority' OKs compromise to scrap mandatory use of death penalty
House Speaker Pantaleon Alvarez on Wednesday said the mandatory use of death
penalty for heinous crimes will be eliminated from the death penalty bill. In a
press conference, Alvarez said this was agreed upon by members of the so-called
"supermajority" coalition during a caucus on Wednesday afternoon.
Alvarez also disclosed that reclusion perpetua or life imprisonment will be
added as another option of punishment.
Alvarez also reiterated that House leaders who will not support the
administration's priority measure will be plucked out from their posts -
including deputy speakerships, chairmanships and vice-chairmanships.
Deputy Speaker Gloria Macapagal Arroyo, who abolished death penalty in 2006
when she was President, has expressed opposition against the bill.
"We have to replace her (Arroyo) as deputy speaker... I already asked the
majority leader (Rodolfo Farinas) to talk to her," Alvarez said.
Alvarez announced that he will insist on a party vote rather than a conscience
vote on the death penalty bill.
Alvarez met with his party mates from the ruling party PDP-Laban to reiterate
its party stand in favor of House Bill No. 4727. Members who will deviate from
it might as well resign, he noted.
Under the proposed measure, death penalty will be imposed on more than 20
offenses including illegal drug trafficking, arson, treason, murder, rape,
kidnapping, and carnapping.
The mode of capital punishment could either be through hanging, by firing squad
or lethal injection.
The imposition of death penalty has been suspended since 2006 with the
enactment of Republic Act No. 9346, or "An Act Prohibiting the Imposition of
Death Penalty in the Philippines."
However, President Rodrigo Duterte has publicly declared that he wanted capital
punishment reimposed on heinous crimes, especially on criminals involved in
drug-trafficking.
(source: update.ph)
**************************
Alvarez sacks Arroyo, Andaya for opposing death penalty bill
House Speaker Pantaleon Alvarez on Wednesday kicked out deputy speakers who are
opposed to the death penalty bill, including former President Gloria
Macapagal-Arroyo.
Alvarez said his decision was final.
Another deputy speaker who is against the death penalty is Rep. Rolando Andaya
of Camarines Sur.
"It is the policy of the leadership, and that is not arm-twisting. I am not
threatening anybody. When I say something, I'd do it. She (Arroyo) will have to
be replaced as Deputy Speaker. I haven't talked to her, but I already asked the
Majority Leader to attend to it," Alvarez said.
"I am not forcing the members of the House leadership [to vote in favor of
death penalty bill]. If there are really 4 deputy speakers against it, then I
will have to ask for their replacement from their respective parties," he
added.
Alvarez shrugged the warning of Rep. Jose Atienza of Buhay party-list that the
House leader will eventually lose the support of his allies if he continues to
kick out deputy speakers who are against the death penalty.
"I am not forcing anybody. If I lose support, I'm okay with it. I am not
forcing anyone to go with me," Alvarez said.
The Speaker made the stance after a caucus with PDP-Laban members on Wednesday
morning, with discussions on the death penalty bill stymied in the last 2 weeks
because of lack of quorum.
"The party stand of PDP-Laban is the restoration of death penalty. I think we
have around 100 members. If you don't agree with the party stand, then you
might as well quit from your party membership," Alvarez told reporters.
"They are free to resign from the party. I will not force them, of course," he
added.
Alvarez also warned "Super Majority" coalition members from other political
parties to toe the line or lose their positions in the House leadership.
The Super Majority coalition is led by PDP-Laban. The ruling coalition includes
members of the Liberal Party, Nacionalista Party, Nationalist People's
Coalition, Party-list Coalition, National Unity Party and Lakas-CMD.
"I already asked their cooperation since they belong to the majority
[coalition]. If you were a deputy speaker or committee chairman, it would look
bad if you are not supporting the administration bill. We could replace them
[in the House leadership if they don't agree with death penalty]," Alvarez
said.
"But it will be up to them to leave the Super Majority," he added.
The death penalty law was abolished during the Arroyo presidency in 2006.
On Wednesday, lawmakers amended the death penalty bill by providing life
sentence as an option to punish those convicted of heinous crime.
"We agreed that the death penalty won't be mandatory (anymore). Instead, the
punishment will be ranging from reclusion perpetua (lifetime imprisonment) to
death. This means it will be the judge's call when to mete death penalty [to a
convict]," Alvarez told reporters.
"The punishment will depend on attending circumstances. The judge will be the
one to decide what is appropriate between the 2," he added.
The initial version of the death penalty covers heinous crimes and drug-related
offenses.
House Majority Leader Rodolfo Farinas on Tuesday cautioned anti-death penalty
lawmakers against repeatedly questioning the lack of required majority
attendance on the session floor, warning that the House leadership could bar
some 50 lawmakers from questioning the death penalty bill.
Under the rules, the House cannot discuss measures in the plenary without a
quorum.
"If the gentleman [from Manila]will insist on having a quorum, then we will not
have enough time to accommodate the 50 interpellators for the death penalty
debates. If there are 3 [lawmakers]in favor [of death penalty]and 3 against, we
can move to close the period of debates," Farinas said.
Farinas was referring to Rep. Jose Atienza of Buhay party-list, who has been
questioning the quorum. Atienza conceded and instead proposed to suspend
Tuesday's session until a quorum is reached.
In 25 minutes, a quorum was reached and the sponsorship on the death penalty
bill proceeded.
The death penalty bill covers heinous crimes and drug-related offenses, and
deems the possession of at least 10 grams of illegal drugs as drug trafficking
punishable by death.
(source: The Manila Times)
THAILAND:
Murder Suspect Who Fled to Cambodia Gets Death Penalty
An Australian former kickboxing champion who fled to Cambodia to escape justice
for the murder of a former Hells Angels member has been sentenced to death for
the crime by a Thai court.
Antonio Bagnato, 28, traveled to Phnom Penh shortly after the body of Wayne
Schneider, a former business partner, was found buried in a forest near the
tourist town of Pattaya in December 2015. He was captured by military police
near Kandal Market the next day and sent back to Thailand. A 2nd man, U.S.
national Tyler Gerard, was arrested at an immigration checkpoint as he tried to
cross into Cambodia.
Mr. Bagnato denied any involvement in the kidnap and killing of Mr. Schneider.
The 2 had previously run a gym together in Sydney.
On Tuesday, the Pattaya Provincial Court found Mr. Bagnato guilty of murder and
abduction, and sentenced him to death - though legal experts in Australia have
said it is unlikely he will face the death penalty as Thailand has not carried
out any executions since 2009.
Mr. Gerard, 22, was given 3 years in prison for deprivation of liberty after
evidence was found linking him to the scene of the kidnapping, though his
sentence was reduced to 2 years for his cooperation with authorities. 3 other
suspects remain on the run.
Thai police believe the killing was motivated by conflicts over a
multimillion-dollar international drug network.
Cambodian authorities are currently helping Thai police locate 2 suspects
wanted for their alleged involvement in another murder case in Pattaya. South
African Abel Caldeira Bonito, 23, and Briton Miles Dicken Turner, 27, are said
to have crossed into Cambodia on January 24 through the Cham Yeam International
Checkpoint in Koh Kong province, the same day victim Tony Kenway was shot in
the head while sitting in his car. Mr. Bonito has ties to Phnom Penh.
Preah Sihanouk provincial police chief Chuon Narin said on Wednesday: "The
internal security police and immigration police are working on it. Police have
not found them yet."
(source: The Cambodia Daily)
INDONESIA:
Judge Hands Down Death Penalty to Eno Farihah's Killers ---- Suspects of the
murder of Eno Farihah (in orange), a worker at PT Polyta Global Mandiri in
Tangerang.
The Tangerang District Court rendered death penalty to 2 suspects of Eno
Farihah murder case, Rahmat Arifin bin Hartono and Imam Hapriadi.
"[The court] imposed death penalty to 2 of the defendants, Imam and Arifin,"
panel of judges chairman M. Irfan Siregar said during the reading of the
verdict at the Tangerang District Court on Wednesday, February 8, 2017.
The panel of judges declared that the two defendants convincingly committed a
premeditated murder. The panel of judges considered that the death penalty was
delivered, since the defendants were sadistic and vile, caused trauma to the
victim's family, refused to plead guilty, and did not regret their action.
"We did not find any reasons to lighten the sentence," Irman added.
When reading the verdict, Irfan temporarily adjourned the trial since Eno's
mother and families were crying in the court. Meanwhile, the two defendants
seemed calm and did not show any emotions.
Prosecutor Agus Kurniawan said that the verdict was in line with his demand.
"We will file an appeal against defendant's appeal, but we're going to report
to our superior. The verdict is in accordance with the charge," Agus told Tempo
after the trial.
The defendants' lawyer Sunardi said that he would think about measures to be
taken in relation to the verdict.
Eno Farihah, 19, a worker at PT Polyta Global Mandiri was brutally murdered in
an employee housing in Tangerang on Thursday night, May 14, 2016.
Another defendant RA, 15, was sentenced to 10 years in prison.
(source: tempo.co
BANGLADESH:
High Court to hear appeals of 15 Narayanganj 7-murder convicts
The High Court will hear death reference and appeals for 15 death row convicts
of the Narayanganj 7 murder case.
A bench of Justice M Enayetur Rahim and Justice Shahidul Karim nodded to hear
the appeals after the defendant's lawyers presented the case details on
Wednesday.
The order to fine convicts Nur Hossain and Arif Hossain have been stayed until
the appeals are settled by the High Court, said their lawyer SRM Lutfur Rahman
Akand.
The court will hear the appeals and the death references on the same day, he
said.
Former Narayanganj Councillor Nur Hossain, former army major Arif Hossain and
13 others have appealed against a Narayanganj court order that has handed them
death in the case.
The 15 convicts are Siddhirganj Awami League's former Vice-President, Ward
Councillor Nur Hossain, Former commander of RAB 11 Lt Col Tarek Sayeed, former
RAB camp commander Arif Hossain, RAB camp commander Masud Rana, Havildar
Emdadul Huq, Lance Naik Belal Hossain, Sepoy Abu Toiyob, Constable Shihab
Uddin, Sub-Inspector Purnendu Bala, Soldier Asaduzzaman Nur, Nur Hossain's
accomplice Mortuza Zaman Charchil, Ali Mohammad, Mijanur Rahman Dipu, Abul
Bashar and Rohom Ali.
Advocate AM Shahjahan and SRM Lutfur Kabir argued for the defendants while
Deputy Attorney General Forhad Ahmed represented the State on Wednesday.
Narayanganj City Corporation Panel Mayor Nazrul Islam, advocate Chandan Sarker
and five others were abducted on Apr 27, 2014 from Narayanganj. They were
killed and their bodies were drowned in Shitalakkhya River.
On Jan 16, Narayanganj District and Sessions Judge Syed Enayet Hossain awarded
death penalty to 26 including Nur Hossain and 3 former senior RAB officers. 9
others were sentenced to various prison terms.
The verdict was delivered in presence of 23 defendants. The 12 other convicts,
of which 8 belonged to the RAB, are absconding.
Police arrested fugitive death row convict Sergeant Enamul Kabir from Magura on
Feb 5.
Chief Justice Surendra Kumar Sinha ordered to prepare the paperbook as a
priority after the death reference arrived at the High Court on Jan 22.
(source: bdnews24.com)
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