My postings to this listserve will resume on March 19
***********************
March 9
JAPAN:
Man convicted of killing 2 in Osaka has death sentence reduced to life in
prison
The Osaka High Court commuted a death sentence for a man convicted of
indiscriminately murdering a man and a woman here in 2012 to a life prison term
in a ruling on March 9.
"Considering that the crime was not carefully premeditated, it cannot be said
the death penalty is unavoidable," Presiding Judge Hiroyuki Nakagawa said,
while recognizing that the accused was mentally competent to be held
responsible for his actions.
The Osaka District Court had sentenced the defendant -- Kyozo Isohi, 41 -- to
death in a lay judge trial, as demanded by prosecutors.
The defense counsel, which had appealed the lower court ruling to the high
court, told the court that their client heard a voice saying "Stab" due to
auditory hallucinations caused by the aftereffects of his use of stimulants in
the past, and pointed to the possibility that he was of diminished capacity.
Therefore, the degree of his capacity to take responsibility for his actions
and sentencing were key points of contention in the case.
In its ruling, the high court deemed that the outcome of a psychiatric test on
Isohi, which concluded that the effects of his auditory hallucination were
limited, was rational, and recognized that he was competent to be held
responsible for the crimes he is accused of committing.
"His auditory hallucinations only contributed to the defendant's decision and
action to carry out the crimes," the presiding judge said.
Nakagawa then discussed whether the death sentence handed down by the lower
court was appropriate.
Pointing out that Isohi bought a knife he used in his attacks shortly before
the incidents, the presiding judge determined "it cannot be recognized that the
accused had carefully premeditated the crimes."
Nakagawa noted that in all the past cases of fatal indiscriminate attacks in
which the defendants were sentenced to death, courts recognized that the crimes
were carefully premeditated. The judge then pointed out that because of this it
is difficult to hand down a ruling that deviates from the judicial precedent.
Furthermore, Nakagawa said it was necessary to take into account the
defendant's auditory hallucinations, which he said may have had certain effects
on his actions, in sentencing.
The presiding judge then concluded that he has "no choice but to hesitate to
choose the death penalty for the defendant even though the bereaved families of
the victims requested a harsh penalty for the accused."
According to the ruling, Isohi stabbed Shingo Minamino, 42, a producer at an
event organizing company, and Toshi Sasaki, 66, a restaurant operator, on a
street in the Higashishinsaibashi district of Chuo Ward, Osaka, on June 10,
2012.
(source: mainichi.jp)
IRAN----executions
5 prisoners hanged in Iran
Official and unofficial sources have reported on the executions of 5 prisoners
in various Iranian prisons. The executions were carried out between Saturday
and Sunday.
3 prisoners hanged at Ghezelhesar Priso--Alborz Province, northern Iran
According to close sources, on the morning of Saturday March 4, a prisoner was
hanged at Hamedan Central Prison on murder charges. The prisoner has been
identified as Bahman Faridi, 35 years of age.
There are currently 22 prisoners in Hamedan Central Prison who are in imminent
danger of execution after their death sentences were confirmed. 9 of these
prisoner are in danger of execution for murder charges, the rest of the
prisoners are sentenced to death on drug related charges.
A prisoner hanged at Hamedan Central Prison--Hamadan province, western Iran
According to the human rights news agency, HRANA, 3 prisoners were executed at
Ghezelhesar Prison on drug related charges. The executions were reportedly
carried out on Sunday March 5. Sources close to Iran Human Rights have also
confirmed these 3 executions. The prisoners have been identified as Isa
Charami, Mostafa Ghorbani, and Mehdi Jafari.
A prisoner was hanged in public in Buin Zahra count--Qazvin province, northern
Iran
The Iranian state-run news agency, Mehr, has reported on the execution of a
prisoner in public on Sunday March 5 in Buin Zahra (Qazvin province, northern
Iran). The prisoner was reportedly on death row on murder charges. The report
confirmed the execution by quoting the press department of the Qazvin
Judiciary. According to the report, the execution was carried out in front of a
crowd of people.
********************
4 Prisoners Executed
2 prisoners were hanged at Garmsar Prison (Semnan province, northern Iran) on
drug related charges and 2 prisoners were hanged at Urmia's central prison
(West Azerbaijan province, northwestern Iran) on murder charges.
According to the human rights news agency, HRANA, the 2 prisoners at Garmsar
were hanged on Monday March 6 on the charge of possession and trafficking 820
grams of narcotics. The prisoners have been identified as Parviz (Behrouz)
Nedaie and Bahram Moradgholi.
According to HRANA, the 2 prisoners at Urmia's central prison were also hanged
on Monday. The prisoners have been identified as Ramezan Sabzi and Yousef
Alizadeh (approximately 60 years old).
Close sources have reported on 3 death row prisoners from Urmia's central
prison, charged with serial murder, who were transferred out of the prison.
Close sources believe the Iranian authorities plan to execute these 3 prisoners
in public.
Iran Human Rights had previously reported on 2 executions on drug related
charges which were carried out at Urmia's central prison on Sunday March 4.
(source for both: Iran Huma n Rights)
PHILIPPINES:
Alvarez insists on purge, after death penalty vote
"A POLICY is a policy," said House Speaker Pantaleon D. Alvarez, as he stood
pat on his decision to remove from their posts House leaders who voted against
the death penalty bill.
"The majority leader and I will discuss this and if there's time later we will
replace the committee chairmen and deputy speakers who voted no," Mr. Alvarez
told reporters in an ambush interview at the House of Representatives
yesterday.
The House of Representatives on Tuesday voted to approve House Bill 4727, with
217 lawmakers voting in the affirmative and 54 against, and 1 abstention.
Among the 14 House deputy speakers, only former Philippine President and
Pampanga Rep. Gloria Macapagal-Arroyo (2nd district) voted against capital
punishment, which she abolished in 2006 during her presidency.
"It is as good as day follows night," Mr. Alvarez said when asked if Ms. Arroyo
would surely be replaced, adding that his decision is firm: "Policy is a
policy."
The committee chairpersons who may lose their positions are:
-- Dinagat Islands Rep. Kaka J. Bag-ao -- committee on people participation
-- Batangas Rep. Vilma Santos-Recto -- civil service and professional
regulation
-- Quezon City Rep. Jose Christopher Y. Belmonte -- land use
-- Bayan Muna Rep. Carlos Isagani T. Zarate -- natural resources
-- ACT Teachers party-list Rep. Antonio L. Tinio -- public information
-- Gabriela party-list Rep. Emmi A. De Jesus -- poverty alleviation
-- Buhay party-list Rep. Mariano Micheal M. Velarde, Jr. -- overseas workers
affairs
-- AMIN party-list Rep. Sitti Djalia A.Turabin-Hataman -- Muslim affairs
-- Sorsogon Rep. Evelina G. Escuder -- basic education and culture
-- Occidental Mindoro Rep. Josephine Ramirez-Sato -- member of the Commission
on Appointments
Mr. Alvarez also said that same policy would be applied to the voting on the
measure seeking to lower the age of criminal liability, which is pending before
the House sub-committee on correctional reforms.
Mr. Alvarez said President Rodrigo R. Duterte is happy with the House approval
of the death penalty bill even as he still wants plunder and rape covered under
heinous crimes subject to the death penalty.
The Speaker said he met with the President on Tuesday night to discuss "party
concerns."
'I TRUST YOUR JUDGMENT'
Sought for comment, Majority Floor Leader Rodolfo C. Farinas said in a text
message to reporters there would be no reorganization in the House yet as he
appealed to Mr. Alvarez that he would handle the matter.
"No replacements in the leadership positions will happen, yet. I made a plea to
the Speaker that he will allow me to handle the matter, which he has kindly
granted while saying 'only because I trust your judgment,'" Mr. Fari???as said.
Mr. Alvarez also said he urged Mr. Duterte to already appoint the 25- member
constitutional commission tasked to draft the new charter.
"Last night the President and I discussed that and I asked him to release the
names of the commissioners so that they could start" Mr. Alvarez.
One of the campaign promises of Mr. Duterte is the country's shift to a federal
form of government. Mr. Alvarez said he recommended former chief justice
Reynato S. Puno as head of the commission.
(source: bworldonline.com)
************************
Priests tell senators: It's not too late to stop death penalty----Uphold life
over death penalty bill, say Catholic Church leaders in Quezon
Rev. Fr. Vladimir Echalas, a missionary priest of the Society of Our Lady of
the most Holy Trinity (SOLT) based here, has urged the 24 senators of the
country to vote against the passage of the death penalty bill.
Echalas, who was upset when majority of the members of the House of
Representatives voted yes to the death penalty bill, said Congress did not give
importance to the value of life as a precious gift from God.
"As being addressed Honorable, be the voice of the conscience of those who
respect the dignity of Life. Let there be no more further shedding of blood to
satiate our hunger for Justice," Echalas said.
He said the senators could still stop the revival of the death penalty.
"On behalf of the children of our children yet unborn, we beg on our bended
knees for God's mercy. We cry out Life...so to our dear senators, uphold life.
That's how history and the Filipino People will remember you," he said.
Rev. Fr. Rex Arjona, Executive Director of Social Action Diocese of Legazpi,
said "studies after studies have shown that neither death penalty nor severity
of punishment deter crimes. Fair and consistent enforcement of the law does."
"By disregarding evidence-based arguments and ignoring pleas for more
rights-based and rehabilitative justice system, congress has shown that the
passage of this bill is motivated more by desire to satisfy the whims of
Duterte regime rather than the demands of justice and the good of society," he
said.
(source: newsinfo.inquirer.net)
PAKISTAN----executions
Pakistan executes 5 'terrorists' at prison in northwest
Pakistan's military says authorities have hanged 5 "hardcore terrorists" after
they were found guilty of carrying out attacks in the country.
A military statement says the executions were carried out on Wednesday at a
prison in the northwest.
It says the convicts belonged to the Pakistani Taliban, or Tehrik-e-Taliban
Pakistan. The executions came 2 months after military courts were shut down in
Pakistan following the expiration of their 2-year constitutional mandate.
The courts were set up after a December 2014 Taliban attack on a school in the
northwest killed 150 people, mostly children.
The attack also prompted Pakistan to lift its moratorium on the death penalty.
Since then, Pakistan has executed over 400 people. Most of those executed were
not linked to terrorism-related cases.
(source: Associated Press)
*****************
4 convicts get death penalty
A local court (in Sahiwal) awarded capital punishment to 4 murder accused and
fined Rs100,000 each here the other day.
According to the prosecution, the accused - Imran, Ameen, Ghaffar Ahmed and
Aziz - said to be cousins, had shot dead 3 members of a family - Allah Ditta
Kartar, Muhammad Iqbal and Ameer - for contracting love-marriage with 2 girls
of their family after lifting them from their house in 2011.
In light of the evidence, Additional District and Sessions Judge Muhammad
Zubair sentenced the accused to death and fined them Rs100,000 each.
(source: nation.com.pk)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
