March 27
INDIA:
December 16 gangrape case: Supreme Court reserves order on plea challenging
death penalty to convicts----The convicts in the case appealed against the
Judgement of Delhi High Court which considered the crime committed by them
'rarest of the rare' and awarded them the death penalty.
New Delhi, March 27: The Supreme Court on Monday reserved its order in the
Nirbhaya gangrape case on the petition filed challenging the death sentence to
convicts. The matter is being heard by a three-judge bench including Justice
Dipak Misra and Justices R. Banumathi and Ashok Bhushan. The convicts in the
case appealed against the judgement of Delhi High Court which considered the
crime committed by them 'rarest of the rare' and awarded them death penalty.
In an earlier development, the Supreme Court accepted the plea filed by amicus
curiae Raju Ramachandran, which argued that the convicts were not given
appropriate chances to represent their cases. He said that there was a
violation of procedure with regard to the sentencing of the convicts - Akshay,
Pawan, Vinay Sharma and Mukesh. The accused were asked to file their affidavits
by February 23.
In December last year, amicus curiae Sanjay Hegde questioned the evidence
produced by the prosecution in the gangrape case and came out with certain
points putting a question on the merit of evidence. According to Hegde, 1 of
the convicts, Mukesh, was not with the prime culprit Ram Singh when the offence
was committed since their mobile locations were found to be different on that
night.
The case also witnessed the suicide of the main accused Ram Singh in the Tihar
jail. Similarly, another accused who was juvenile at the time of crime has
already been convicted in August last year. The court awarded him a maximum
sentence of 3 years in a reform house.
In December 2012, 6 people gang raped a 23-year-old physiotherapy intern in a
moving bus in Delhi. The girl succumbed to her injuries in a Singapore hospital
on December 29, 2012.
The rape case also stormed the streets of Delhi with protesters demanding
women's safety in the capital city. After a long deadlock, the central
government agreed to form a committee which revisited the laws related to the
rape in India. The committee led by Justice JS Verma recommended a new law for
the country.
(source: india.com)
MALAYSIA:
Lam Thye suggests moratorium on death penalty cases
The Government should consider whether its review of the mandatory death
penalty for drug trafficking should include making it retrospective on pending
cases, said social activist Tan Sri Lee Lam Thye.
Lee said the proposal for the review under Section 39B of the Dangerous Drugs
Act was timely as this could help prevent a "travesty of justice".
Judges, he said, must be given the discretion to mete out suitable sentences on
a case by case basis, especially for drug mules.
"While supporting the review of Section 39B, I also hope that the Government
will address the issue raised by lawmakers and legal practitioners, including
whether the move, if approved, could have a retrospective effect on pending
death penalty cases," he said in a statement here yesterday.
**************
More than 1,100 people have received death sentence in Malaysia
More than 1,100 people have been convicted and sentenced to death by the courts
up to Feb 21 this year, said Deputy Prime Minister Datuk Seri Dr Ahmad Zahid
Hamidi.
"Based on statistics from the Prison Department, as of Feb 21 this year, a
total of 1,122 prisoners have been found guilty and sentenced to death by
court," said Dr Ahmad Zahid, who is also the Home Minster in a written
parliamentary reply.
His reply did not state from when these convictions took place.
He was responding to a question from Kasthuri Patto (DAP-Batu Kawan), who asked
the Ministry to reveal the statistics of prisoners who have been sentenced to
death according to background and cases as of Feb this year.
Ahmad Zahid said a total of 16 inmates - 14 Malaysian and two foreigners - had
been executed between 2014 and Feb 21 this year.
"From the total, a total of 15 prisoners have been sentenced to death for
murder while the other one was due to a crime involving firearms," said Dr
Ahmad Zahid.
Last week, The Cabinet agreed to review the Dangerous Drugs Act 1952 to allow
judges to use their discretion in sentencing offenders instead of imposing the
mandatory death sentence.
Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said said
the review will enable judges to mete suitable sentences in marginal cases
where offenders could be given jail sentences.
(source for both: thestar.com.my)
TAIWAN:
New bill to remove statute of limitations on homicide----Taiwan's Ministry of
Justice proposes to remove statute of limitations on homicide in new bill
In a landmark legal reform, Taiwan's Ministry of Justice recommended to
eliminate the current maximum 30-year statute of limitations on homicide,
enabling law enforcement to prosecute murderers indefinitely in the future.
Taiwan's Criminal Code has been around for 82 years and has been heavily
criticized for its outdated regulations, which led the ministry to amend 21
articles of the code.
Removing the statute of limitations for murder-related crimes is one of the
most important amendments being made to the Criminal Code, and could help solve
cold cases dating back 20 years when forensic science was less advanced.
Crimes in Taiwan have a statute of limitations ranging from a minimum of 5
years for less serious crimes to a maximum of 20 to 30 years for serious crimes
that might receive a death penalty or life imprisonment sentence under Article
80 of the Criminal Code.
Several high-profile murder cases in Taiwan were left unsolved following the
passing of the statute of limitations, including the execution-style murder of
former Taoyuan Commissioner Liu Pang-yu on Nov. 21, 1996, and the murder of
Peng Wan-ru, director of the Democratic Progressive Party Women's Affairs
Department, on Nov. 30, 1996.
The statute of limitations for both cases expired in December 2016.
Killers in these cases as well as those of navy captain Yin Ching-feng in Dec.
10, 1993 or the murder of former DPP Party Chairman Lin I-hsiung's mother and
7-year-old twin daughters on Feb. 20, 1980, remain unidentified.
Many of these unsolved cases took place more than two decades ago when forensic
science was still rudimentary, but the old Criminal Code capped the statute of
limitations on murder at 20 years, meaning criminals could walk free once the
time passed, even if law enforcement were able to track the killer down after
the period, stated the ministry.
The ministry noted this was illogical and the recommended amendments to remove
the statute of limitations on serious crimes were modeled on legal practices in
Japan and Germany, where homicide does not have a statute of limitations.
The bill recommends that the sentence for those that take the life of their own
kin under Article 272 should be the same as those that are homicide offenders
under Article 271.
Under the current Article 272, criminals that murder family members or
relatives are handed either the death sentence or life imprisonment, which is
inflexible and offers no room for judges to base their decision on the
circumstances of the murder.
The proposed amendment recommends judges should be able to double the length of
prison sentences for those that murder their own family members in cold blood,
but should take into consideration the circumstances of the murder.
For instance a more lenient sentence should be given to murderers of family
members that endured long years of abuse from the victim, but a much heavier
sentence should be issued to those that planned the murder of their family
members over trifling issues.
The ministry also recommended to only charge mothers that kill their infants
with criminal responsibility if the newborn was conceived through rape, had
untreatable congenital disorders, or because the mother was unable to
economically support the child. However, the court must prove she had "no other
alternatives."
Under the current Article 274 of the Criminal Code, a mother who kills her
newborn will be handed a minimum of six months to a maximum of five years in
prison.
(source: Taiwan News)
SINGAPORE:
4 Kampar men charged with trafficking 14.6kg of meth
4 men, including 3 brothers, were today charged at the magistrate's court here
with trafficking in 14.6kg of methamphetamine on March 13.
Kalitazan @ Nur Azan Abdullah, 44, B. Kalidass, 41, R. Elanggo, 30 and R.
Vikneswari, 28, were accused of committing the offense at an abandoned hut in
Jeram Mukim, Kampar Km1/2, Gua Tempurong here, at 2pm.
They could face the death penalty under Section 39B(1)(a) of the Dangerous
Drugs Act 1952, if found guilty.
No plea was recorded, and no bail was offered.
Magistrate Nurul Asyifa Redzuan fixed May 8 for mention, pending a chemist
report.
The men were represented by Sukhdabe Singh Kashmir Singh, while Deputy Public
Prosecutor Nurul Azriah Said prosecuted.
(source: Yahoo News)
TRINIDAD:
Hanging won't stop criminals if detection rate stays low - Bishop
A member of the West Indian United Spiritual Baptist Sacred Order Inc in
collaboration with The Baptist Community of T&T sing spiritual songs as she
walks along Coffee Street San Fernando, during their annual "Baptist Liberation
Rally and Peace march Against Violence", on Saturday
As Parliament moves to resume the execution of convicted murderers, Bishop of
the United West Indian Baptist Sacred Order, Leon John, says this will not
deter criminals as the crime detection rate is too low.
Giving his personal view on the death penalty during the annual baptist
Liberation Rally in San Fernando on Saturday, John said if criminals believe
they can commit crimes without being caught they will continue their crimes.
The success of the death penalty has long been debated in society, with many
believing it does little to deter the murder rate.
With the murder rate spiralling once again, John said penalties, including a
death penalty, would only work if you have someone to impose them on.
"In order you hang somebody you have to really find out who actually did the
murder. The rate of detection of crime in Trinidad and Tobago is really low, so
even if you increase penalties, if you don???t find persons who did the crime,
hangings will not help much," John said.
"I believe that it would not make a difference with what is taking place with
crime. I'm not in support of bringing back hangings as a deterrent to crime. If
the criminals know that they will be caught, that will be a deterrent. If they
know they can do crimes and get away, even if there is hanging as the final
penalty, that would not be a deterrent."
During a post-Cabinet media briefing on March 16, Prime Minister Dr Keith
Rowley said he was a firm believer in capital punishment and that those who
have chosen crime as a way of life should pay the ultimate penalty. Rowley said
he had communicated with former attorney general Ramesh Lawrence Maharaj, who
had provided a pathway for the Office of the Attorney General to make sure the
existing law can be used.
Maharaj is expected to host a media conference today to speak on Rowley's
announcement.
It was during Maharaj's term as attorney general in 1999 that Dole Chadee and
his gang were executed, after being convicted for the murders Hamilton
Baboolal, his sister, Monica and their parents. 2 children, Osmond and Sumatee
Baboolal, survived the attack. Osmond later turned to a life of drugs.
Giving an insight into what might come today, Lawrence said, "I'm basically
dealing with the announcement made by the Prime Minister with respect to the
submission of a plan for the implementation of the death penalty. I'll be
talking about the questions and issues that have been raised following that
announcement."
He said he will also be dealing with the laws to abolish preliminary inquiries
and introduce judge alone trials which Government intends to introduce, as well
as its fight against crime since coming into office.
(source: Trinidad Guardian)
GAMBIA:
Justice Minister wants death penalty abolished
The Attorney General and Minister of Justice, Baboucarr Tambedou, has said he
wants the death penalty abolished in The Gambia.
He said so on Thursday at a press conference held at the Justice ministry in
Banjul.
Personally, he is an advocate for the abolition of death penalty in The Gambia,
he added.
The Justice minister reiterated that the Justice ministry takes full
responsibility for the error made in the process of amending the age limit in
the constitution, carried out recently at the National Assembly.
"I was certainly aware, and I have taken full responsibility in terms of the
error in the procedures, and I think we have closed that chapter. We are
looking now to other interesting challenges in this country," he said in
response to questions on the issue.
He added that no new cases on criminal charges will be handled by the Justice
ministry, unless "they are thoroughly and comprehensively investigated and
until the ministry of Justice is in a position to conduct this trials and only
on the approval of the Cabinet."
He said they are preparing for victims under the former government, and when
the truth and reconciliation commission is set up they will look at issues
surrounding justice, "which will soon be done".
The ministry of Justice, in consultation with the Interior ministry, has
established a 'criminal case' and detention review panel, to review ongoing
criminal cases against current or former public officers or cases linked to
political activities.
"The membership of the panel consists of lawyers from the Ministry of Justice,
staff members from the Ministry of the Interior, a representative from the
Gambia Police Force and the Gambia Prison Service. I have started receiving
their recommendations on a rolling basis, and I will act based on this."
Foreign judges
Minister Tambedou also said The Gambia is not a xenophobic country, as Gambians
do not hold anything against foreign judges.
However, after 52 years of Independence "the country has matured enough to be a
country that is capable of producing its own judges to preside over its affairs
in its own country."
He made it clear that where the country lacks capacity, expertise or experience
in a particular area, "the country will be more than happy to welcome technical
assistance from traditional friends and allies".
(source: The Point)
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