March 23
MALAYSIA:
Azalina: Cabinet to review death sentence for drug offences
The cabinet has agreed that the mandatory death penalty for drug offences needs
to be reviewed.
Minister in the Prime Minister's Department Azalina Othman Said told the Dewan
Rakyat that the cabinet made this decision on March 1, after attorney-general
Mohamed Apandi Ali gave them a presentation.
"The cabinet agreed and decided that amendments be made to Section 39B of the
Dangerous Drugs Act by including additional clauses to give discretionary power
to the courts to bestow other sentences, besides the mandatory death penalty,
in certain situations," Azalina said today.
(source: malaysiakini.com)
**********************
China woman on death row fails in appeal
A 24-year-old woman from China, who was sentenced to death for trafficking
1,397.1gm of syabu failed in her appeal against the sentence at the Court of
Appeal.
Justices Datuk Lim Yee Lan, Dato' Abdul Rahman Sebli and Puan Sri Zaleha Yusof
unanimously dismissed the appeal by Cheng Jin Hui after hearing submissions
from her and the prosecution as the respondent.
The court held that there was nothing in the appeal record that warrants the
court's intervention on the findings made by the High Court.
Cheng was June 9, 2016 found guilty by the High Court here and convicted of
committing the offence at 11.25pm on July 6, 2014 at the passengers'
examination area at the arrival hall in Terminal 2 of the Kota Kinabalu
International Airport (KKIA).
The offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952 carries the
death penalty on conviction.
Earlier, counsel Ram Singh representing Cheng, submitted that it was a genuine
case of an innocent courier who was asked to carry clothes samples to Malaysia
by some African men in China.
Cheng did not realise the secret compartment inside the luggage contained drugs
and she did check the content of the luggage and found nothing except clothes
samples and her own clothes, submitted Ram.
Cheng's shock reaction could not be inferred as she knew drugs were inside the
secret compartment of the luggage, he added.
Ram also submitted that the High Court judge misdirected herself when she held
that there was trafficking of drugs as she had men's rea possession of the
luggage and drugs inside the luggage.
The prosecution rebutted that Cheng was not an innocent courier.
Cheng knew the drugs were inside the luggage and her reaction of shock proved
her conduct of mens rea in carrying the luggage with drugs inside, the
prosecution submitted.
(source: dailyexpress.com.my)
INDIA:
Law Commission has recommended abolition of death penalty: Govt----The Law
Commission in its 262nd report has recommended abolishing the death penalty for
all crimes other than terrorism-related offences and waging war
The Law Commission has recommended that the death penalty be abolished for all
crimes except those related to terrorism, Rajya Sabha was informed on
Wednesday.
Minister of state for home Hansraj Ahir said the Law Commission in its 262nd
report has recommended that the death penalty be abolished for all crimes other
than terrorism related offences and waging war.
"As Criminal Law and Criminal Procedure are in the concurrent list of the 7th
Schedule of the Constitution, the report has been circulated to all state
governments and union territories for seeking their views," he said replying a
written question.
(source: livemint.com)
BANGLADESH:
Mufti Hannan to seek presidential clemency
Convicted of killing in terrorist attack, the chief of Bangladeshi chapter of
Harkat ul Islam, Abdul Hannan, will seek presidential clemency after the apex
court dismissed his plea to review death sentence, prison authorities said on
Wednesday.
Hannan, also known as Mufti Hannan, expressed his willingness to seek the
pardon after officials read out the death warrant to the convict after the
Supreme Court rejected his review against the conviction.
"Hannan He told us that he would file mercy petition to the president," senior
jail superintended Mizanur Rahman said as the authorities were preparing for
execution of the terrorist.
Inspector General of Prisons Brigadier General Syed Iftekhar Uddin told
reporters that all preparations were taken to hang the militants.
The Supreme Court on Tuesday released full verdict that upheld its order
confirming his death penalty for the 2004 grenade attack on then British High
Commissioner to Bangladesh Anwar Choudhury.
Attorney General Mahbube Alam said that the execution of the convicted militant
was a matter of time as the Supreme Court dismissed the review petitions of 3
death-row convicts, including Hannan.
A court in Sylhet on December 23, 2008 sentenced Hannan and 2 of his associates
- Bipul and Ripon - to death for carrying out grenade attack on the British
envoy at a shrine in the north-eastern city.
Choudhury escaped, but 3 people, including 2 security officials were killed in
the attack on May 21, 2004.
2 other members of the banned militant group - Muhibullah alias Muhibur Rahman
alias Ovi and Mufti Main Uddin alias Abu Zandal - were sentenced to life in
prison.
The High Court confirmed the death penalty on February 11, 2016. The convicts
however filed appeal with the Appellate Division, which rejected the militant's
plea upholding the punishment on December 7, 2016.
Their reviews were dismissed on February 23 this year.
(source: newsnextbd.com)
_______________________________________________
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
