April 5
TRINIDAD:
Pritchard warns against death penalty quick fix
MARK PRITCHARD, Chairman of the United Kingdom All Party Parliamentary Group on
the Abolition of the Death Penalty in Trinidad warned against trying to get a
"quick fix" to the local criminal justice system and dealing with the problem
of crime and violence facing the country, saying that danger existed both to
the families of the victims as well as the defendants.
Noting the calls for the restoration of the death penalty, he said fixing the
system needs to be done in a calm, objective, evidence-driven way and it is in
the national interest as well as the international reputational interest of any
country in the world which wants to fast track capital punishment to make sure
that this is done in an evidence- driven way.
Pritchard was speaking with journalists during a news conference at the
residence of the British High Commissioner in Maraval after a day of talks with
"key actors" on the death penalty. He said he would "prefer to see an informed
debate before any fast-tracking or changes in the law takes place and to see
what is the latest data and statistical and academic analysis globally so that
at least any changes or any fast-tracking is done in an informed way." He said
he was impressed with the calibre of the people in the local criminal justice
system as well as with the politicians he had met. He said there were some very
able public servants and he believed that the majority of them would like to
see any change in the law be an evidence- driven one and any debate be an
informed debate and not "a rush to judgement, a rush to headlines and a
fast-tracking of a process without due process and without evidence." Asked if
he has stressed to the Government the danger of using the death penalty as a
quick fix, Pritchard said he had done so but, the Government officials
responded that it was the law of the land "but I think they also are conscious
that any change in Government policy or fast-tracking of existing legislation
would be more carefully and considerably received if those recipients
internationally and in-country were to see that the Government had provided an
imperical evidence base to that amendment to a law or a change to the law, to
going round the law, if you can go around the law, whatever it might be. And I
think it is important to listen to retired justices and chief justices and
senior judges in this country and to listen to academics." He said while he was
visiting from another country, if he were a citizen of this country, he would
be pressing for an objective review which would try and understand what people
are really thinking as opposed to what they think they are thinking based on
data from 2011. He said that in addition to that review the Government should
try and have an informed debate based on the best evidence and academic studies
available.
British High Commissioner, Tim Stew, said that in tackling the backlog in the
criminal justice system, a number of legislative measures needed to be put in
place but this needed to be done as a package.
For one thing, he observed there is no plea bargaining in the system and said
there was no reason why someone facing the death penalty would plead guilty and
why their attorney would advise them to do so. He added that the mandatory
nature of the death penalty also slows down the course of justice because if
there were alternative forms of sentencing, perhaps having to do with the
length of time the guilty person would spend in prison if that period was
appropriate to the nature of the crime, would encourage plea bargaining and
this would inevitably shorten the length of court cases and speed up justice.
However, he said he would not advocate any one measure as the solution to the
country's problems but what was needed was a package of measures and a
programme of work which he said was already being developed with help from the
United Kingdom to make the changes and speed up justice in Trinidad and Tobago.
(source: newsday.co.tt)
SAUDI ARABIA:
The lucrative business of pardoning death row prisoners in Saudi Arabia
Saudi Arabia has one of the highest execution rates in the world. However, in
some cases, inmates facing the death penalty are spared if the victim's family
agrees to pardon their crimes ... in exchange for a large sum of money. This
practice, known as "diya", has become a dirty, if lucrative, business.
"Diya" is an Islamic concept that essentially equates to "a blood price", or,
the amount of money that a murderer (or his family) must pay the family of the
victim in order to obtain a pardon.
A video, which was filmed by a passerby on Sunday, March 26, shows an inmate
who is on the verge of being beheaded in a public square in Taef, a town
located in western Saudi Arabia.
Suddenly, however, a wave of excitement goes through the crowd: the execution
has been pushed back because the family of the victim just agreed to negotiate
a pardon for the condemned man. The victim's family can make this decision up
until the very last second, sometimes waiting until then to announce a decision
that was made much earlier.
The execution is put off for 3 months, which is the amount of time that his
family has to raise the sum demanded by the victim's family. That's when the
mediators step in.
Mohammad Alsaeedi lives in Qatif, in eastern Saudi Arabia. He has attended
public executions before and is a community activist for human rights.
"Mediators encourage the families to ask for astronomical sums of money"
When a family is seeking a pardon for a son who has been convicted of murdering
someone, they start by speaking to a mediator. Mediators are usually public
figures, a religious leader or sometimes a local emir.
The mediator's 1st task is to convince the victim's family to accept the idea
of a pardon. Once the victim's family has declared that they are open to the
idea, the negotiations with the killer's family start.
Mediators tend to encourage the victims' families to ask for astronomical sums
of money - sometimes as much as 60 million rials [about 15 million euros]. They
have a vested interest in doing so, as they get a cut of this money.
In the large majority of cases, the family of the convicted person doesn't have
the means to pay that much, so the mediator helps them to launch a fundraising
campaign. All of the money raised is funnelled into a bank account that is
opened by the local administration with the authorisation of the interior
minister.
The mediators are responsible for campaigning for donations from rich
businessmen and the most influential tribes in the region.
Fundraising campaigns are also shared widely on social media under the hashtag
#?save a life.
It's also common for tribes to organise ceremonies and charity dinners to
convince the region's wealthiest and most influential people to donate to the
campaign.
A video, which was posted on March 18, 2017, shows a fundraising ceremony
organised by a tribe to raise money to buy the pardon of a man accused of
killing his brother-in-law during a fight. The programme for the event included
tea, traditional dances and, of course, the handing over of cheques.
Our Observers think that these practices corrupt the principle of a "pardon".
Saudi law forbids people from promoting fundraising campaigns both in
traditional media and on social media. However, Twitter is full of this kind of
advertising.
Moreover, a royal decree from 2011 fixes the diya at 400,000 rials [equivalent
to about 100,000 euros]. But very few families follow this guideline [in Saudi
Arabia, royal decrees aren't obligatory].
For the past few years, it's like there's been a morbid competition to ask for
higher and higher diyas. It's become a business. Many families aren't thinking
about the virtues of Islam when they offer to pardon someone, they are thinking
about the huge amount of money that they could get by doing so.
"Authorities should fix a ceiling for the diya"
The people who are responsible for this situation are the mediators. They are
the ones who push families to ask for outrageous sums because they earn a
commission from it. They are opportunists who make fortunes off the backs of
dead people. Saudi authorities should closely monitor and control this
practice. They should start by fixing a ceiling for the diya.
The worst is that once a murderer has been pardoned, he is allowed to leave
prison after a few months or even weeks. He ends up serving an extremely light
sentence for his crime. I think that creates a situation of rampant impunity
for those who can pay.
However, in November 2016, the Saudi Supreme Court did rule that when people
convicted of murder are pardoned, judges should commute their sentence to
prison terms of at least 5 years.
"A pardon doesn't mean the crime should go unpunished"
In an opinion piece published on the news site Al Riyadh, Abderrahmane Allahem,
a lawyer who specialises in human rights in Saudi Arabia, says that 5 years
isn't enough for a convicted murderer.
I'm not against the idea of pardons. However, in the case of a death penalty
pardon, the court should commute the murderer's sentence to at least 25 years
in prison. A pardon doesn't mean the crime should go unpunished. (...)
What's more, the fact that a murderer can be freed so quickly could be a danger
for society. Failing to punish a murderer is like depreciating the value of
human life.
For the past few months, there have been an increasing number of appeals from
lawyers, intellectuals and religious leaders for the government to ban "blood
negotiators". For the time being, that has yet to happen.
(source: Mohammad Alsaeedi; france24.com)
PHILIPPINES:
Death penalty restoration opposed by Duterte critics
The proposed restoration of the death penalty and 3 other measures being pushed
by President Rodrigo Duterte and his allies would be opposed by the Minority
Bloc in the Senate, Senator Antonio Trillanes IV said Tuesday.
Speaking at the Kapihan sa Senado, Trillanes said the three other measures
which they agreed to block were the lowering of the minimum age for criminal
liability from 15 to 9 years old, postponement of the barangay elections
scheduled this October, and any move to change the 1987 Constitution.
"The Minority Bloc will block all those," said Trillanes who belongs to the
Opposition in the Upper Chamber.
The other members are Senate Minority Leader Frank Drilon, Senators Bam Aquino
and Risa Hontiveros and detained Sen. Leila de Lima.
Trillanes disclosed that before Congress adjourned on March 15, they reached an
agreement on the 4 measures which are among the priority measures of the
President.
The House of Representatives has so far approved only the death penalty bill.
Trillanes also said the proposed postponement of the barangay elections would
not be approved at the Senate.
He emphasized that even some members of the Majority Bloc were not in favor of
it.
"So it's unlikely. The barangay elections for all intents and purposes would
push through by October," he said.
The senator said the Minority Bloc would not agree that Congress should convene
as Constituent Assembly to propose amendments to the 1987 Constitution unless
it was clear that the Senate and the House would vote separately.
"Definitely, this won't push through and we will also not allow ourselves to be
convened as a Constituent Assembly unless and until voting process is
clarified. It should be separate," related Trillanes.
(source: thestandard.com.ph)
SINGAPORE:
Singapore to make fight against drugs a 'national priority': Shanmugam
It will also review its strategy for new challenges and make it targeted, he
stated in a speech that lasted over an hour. "We will differentiate between
those who supply and cause harm versus those who are abusers and, where
possible, we will employ data based, science-based approach."
In responding to a Private Member's Motion filed by MP for Holland-Bukit Timah
GRC Christopher de Souza, Mr Shanmugam said the motion is a "timely call" for
Singapore to remain vigilant in the fight against drugs, step up its efforts
and make it a "national priority".
NEW LOCAL CHALLENGES AND TRENDS
Mr Shanmugam pointed out new local challenges and new trends that have emerged.
One major challenge, he said, is the increased supply of drugs. Mr Shanmugam
noted that Singapore is near the Golden Triangle, which is the second-largest
opium source in the world. Singapore is also a major transport hub, and
vulnerable to drug syndicates, he said.
Another major challenge Mr Shanmugam highlighted is the peddling of drugs
online. "You can have anonymous transactions, you can have parcels coming in
from any part in the world ... that creates a challenge," he said. "We also
face a challenge from new drugs ... new psychoactive substances, where people
take drugs and mix them with contaminants to lower the cost."
Quoting figures from the Central Narcotics Bureau (CNB), he said more than 3.5
kg and 4,000 tablets of new psychoactive substances have been seized in the
past 2 years. These have been falsely marketed as legal and safe, he added.
Some youths also think that drugs are "cool", he noted. "There is a certain
perception glamourised through media outside this country, that drugs are cool
and cannabis is non-addictive. And if we are not careful, they can become our
next generation of abusers," the minister said.
He also observed that a new group of Singaporeans are trying drugs, where last
year, 40 % of those arrested for abuse in Singapore were less than 30 years
old. "They are students, professionals, people who are well-educated, with good
jobs," he said.
"Parents may think it is not their children, but in the past three years, we
have picked up more than 350 students, from all levels, from primary school to
tertiary, and from all backgrounds ... with as well as without a substance
abuse in the family."
He also highlighted another "worrying statistic" - that 83 % of those in
Singapore's prisons are in there either for substance abuse, or have a history
of substance abuse. This is even though the particular crime they committed is
not related to drugs.
"You can see how much drugs can impact on lives," he said. "It destroys you.
These are all statistics, facts."
MORE REHABILITATION; INCREASED EDUCATION NEEDED: MPS
In moving the motion, Mr de Souza suggested a regular review of the Misuse of
Drug Act to ensure that it contains the "legal muscle" to deter the demand and
supply elements of drug offences.
He cited a rise in young drug abusers and a "significant" rise in the supply of
cannabis. For instance, the number of abusers arrested under the age of 30
years has increased by about 20 % since 2014 according to CNB statistics, he
said. The supply of cannabis is also on the rise, based on increasing amounts
seized by CNB, he added.
In order to prevent youths from getting involved with drugs, he said that its
ills should be included in the Ministry of Education's primary school
curriculum and be an examinable topic.
MP who also spoke on the issue stressed the importance of rehabilitation. Mr de
Souza asked that lower-risk inmates be given increased access to effective
rehabilitation. "We should make full use of the window of opportunity while an
addict is low-risk. Lower-risk inmates have a higher chance of recovery," he
said.
MP for MacPherson SMC Tin Pei Ling said strong community support is needed to
help former drug offenders battle the demons of addiction. She added that
individuals should be encouraged to step forward to speak of their personal
experiences in taking drugs, and become role models or mentors to struggling
drug users who need help.
Mr de Souza also highlighted a need to ensure that the overall national
attitude, or the cultural perception towards drugs remains strongly anti-drugs.
MP for Ang Mo Kio GRC Intan Azura Mokhtar concurred, underscoring the point by
sharing a personal anecdote.
She spoke of how her 18-year-old son studying at a local polytechnic has two
friends who smoke marijuana and do not think it is a "big deal". She said that
her son was also offered the drug, which he declined.
MPs also noted the ease of getting drugs online. The number of people arrested
for buying drugs and drug-related paraphernalia online increased significantly
from 30 in 2015 to 201 in 2016, a 570 % increase over a year.
Ms Tin said it has been reported that these websites even offer free samples to
bait curious youths into experimenting, knowing full well that the return on
investment from giving a free sample is a very high chance of addiction and
subsequent demand for drugs. With perceived anonymity online, youths may be
less fearful of obtaining illicit drugs, she added.
"With all interactions made virtually, without physical interactions with the
drug traffickers and usage of sophisticated cashless transactions, like
bitcoin, youths may feel more at ease to obtain drugs," she said.
Nominated MP Kok Heng Leun also spoke, making a case against capital punishment
and the death penalty. "I agree that it is important to have tough laws, but I
do not believe that capital punishment, as a demonstration of the tough laws
and resolution to fight against drug problems is something I can support," he
said.
SUGGESTIONS IN LINE WITH WHERE SINGAPORE WANTS TO GO: SHANMUGAM
Mr Shanmugam thanked the MPs for their views, noting that most suggestions "are
in line with where we want to go."
"Today's motion and the speeches of the members, even Mr Kok's speech, give me
considerable comfort because I think we are on the same page, that this has to
be taken seriously, and you reflect the perspectives and the will of the people
in many ways."
He said Singapore's 1st line of defence has to be preventive education, which
includes school talks and lesson plans. He added that Singapore is also looking
at Iceland's methods of anti-drug messaging.
"This is a generation that you tell them ... 'Don't do this', they might go and
do it," he said. "So you need different approaches, and Iceland does seem to
have an approach that seems to work."
He also stressed the need to grow a pool of anti-drug advocates amongst young
people's peers. "We need volunteers, more individuals, more organisations,
civil society groups, businesses," he said. "CNB will launch a United Against
Drugs coalition later this month, and also review the way it puts across
messages. So we need to mobilise the ground."
A 2nd defence Mr Shanmugam pointed to is effective enforcement and tough laws,
noting that Singapore will have to increase its partnerships with overseas
counterparts and tackle the new "online supply menace".
The Government will also study how to deal with the issue of new psychoactive
substances, he added.
Mr Shanmugam also reiterated the Government's stand on the death penalty as a
deterrent against trafficking. "The death penalty is an important part in our
comprehensive anti-drug regime and part of our overall approach which will not
work on its own, but it's part of an overall set of measures," he said.
He also noted the importance of rehabilitation as the 3rd line of defence,
explaining that every abuser has different risk levels and motivational
factors, and the Singapore Prison Service tailors rehabilitation accordingly.
Other programmes, he added, include family support, skills training and
religious services.
Mr Shanmugam stressed the importance of family and community support as a
fourth line of defence, agreeing with MPs that it is ???crucial??? to help
families stay strong. He said the Singapore Prison Service has a Family
Resource Centre and a Yellow Ribbon Community Project to encourage families to
visit abusers in the Drug Rehabilitation Centre.
"I am not saying that by any means that it is perfect, that it can be improved,
or that we are where we want to be," he said of the measures on this front.
"But we have thought about these things, we've introduced these and it
continues to be refined, changed and worked on."
(source: gov.sg)
MALAYSIA:
Argentine charged with trafficking RM240k worth of cocaine
A 57-year-old Argentine man was charged at a magistrate's court here with
trafficking in drugs worth more than RM240,000 at the Penang International
Airport.
Miguel Angel Camacho (pic) had allegedly trafficked in 1.37kg of cocaine at the
airport in Bayan Lepas on March 29 this year at about 2pm.
That drugs are estimated to be worth RM247,200.
The accused nodded to say he understood the charge which was read out in
Spanish on Tuesday before Registrar Mohamad Alif Abdul Aziz.
No plea was recorded as the offence under Section 39B(1)(a) of the Dangerous
Drugs Act 1952 carries the mandatory death penalty upon conviction.
The court fixed June 22 for case mention.
Customs Department DPP Nur Fazliyana Ahmad prosecuted while the accused was
unrepresented in court.
(source: thestar.com.my)
BANGLADESH:
Death penalty for killers demanded
Labour leaders of Bangladesh Garments And industrial Worker Federation (BGIWF)
and Bangladesh Centre for Worker Solidarity (BCWS) yesterday demanded capital
punishment of the killers of labour leader Aminul Islam, who was killed f5
years ago after being abducted.
They came up with the demand at a press briefing at the Ashulia office of BGIWF
where BGIWF President Babul Akhtar, Aminul's wife and two sons were present.
Babul said the case filed for the killing of Aminul needs farther
investigation.
Aminul's wife said the charge sheet in the case has not yet been completed and
no arrest has been made in 5 years.
On April 5, 2012, Aminul was found dead in Ghatail of Tangail a day after one
of his acquaintance Mustafizur Rahman took him out of his office in Ashulia.
Mustafizur, the lone accused in the case, is on the run.
(source: The Daily Star)
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