April 20



VIETNAM:

Beware Vietnam's Death Machine----A closer look at capital punishment in the Southeast Asian state.


One Thursday in July 2013, Barack Obama and his Vietnamese counterpart, Truong Tan Sang, sat down in the Oval Office to discuss Thomas Jefferson. Sang brought to this historic meeting between the 2 nation's presidents a letter Ho Chi Minh had sent Harry Truman, prior to the Vietnam War, seeking cooperation with the United States. Uncle Ho's words, said Obama, were "inspired by the words of Thomas Jefferson." In fact, when the Proclamation of Independence was read by Ho in 1945, he chose to begin with an extract from America's Declaration of Independence, its principal author being Jefferson.

While a visit to the White House by the Vietnamese president was an occasion for historical reflection, the here-and-now was what really mattered. Indeed, diplomacy and trade were the main talking points, signaling the start of an emboldened relationship between the 2 nations. But the U.S. president did at least mention Vietnam's human right's record.

"All of us have to respect issues like freedom of expression, freedom of religion, freedom of assembly. And we had a very candid conversation about both the progress that Vietnam is making and the challenges that remain," Obama said after the meeting. Sang's only comment was that the 2 men "have differences on the issue."

Little reported afterwards was the execution of a 27-year old Vietnamese man named Nguyen Anh Tuan, a convicted murderer, which took place on August 6, just 2 weeks after Sang's visit to White House. Tuan's execution was the 1st in years, and the 1st since Vietnam replaced firing squads with lethal injections in 2011. However, a ban on importing "authorized" lethal drugs meant it had to use untested domestic poisons. Tuan took 2 hours to die, reportedly in harrowing pain.

Between the date of Tuan's death and June 30, 2016, Vietnam executed 429 people (or an average of 147 executions per year; or 12 each month). Additionally, 1,134 people were given death sentences between July 2011 and June 2016. The number remaining on "death row" is not known.

These figures only came to light after the public security ministry decided to release them in February. They are normally classified as state secrets and rarely revealed. Surprising many around the world who thought the numbers to be much lower, Amnesty International reported this month that Vietnam is now the world's third-most prolific executioner of prisoners. Only China and Iran are thought to have executed more people.

In June 2016, the Paris-based Vietnam Committee on Human Rights provided a lengthy report on the death penalty???s mechanisms in Vietnam, explaining that capital punishment is applied for 18 different offenses, down from 44 in 1999.

Like many of its Southeast Asian neighbors this includes harsh drug laws, and Vietnam metes out the death penalty for those caught in possession or smuggling 100 grams or more of heroin or cocaine, or 5 kilograms or more of cannabis and other opiates. Other crimes, including murder and rape, also carry a death sentence.

After reforms during the 2000s, "the death penalty was effectively abolished on certain crimes, such as robbery, disobeying orders or surrendering to the enemy. But in other cases, crimes were simply re-worded to mask their appearance and deceive international opinion," the Vietnam Committee on Human Rights report reads.

Particularly troubling is the fact that the Vietnamese regime wields capital punishment for vaguely-defined crimes of "infringing upon national security," explains the report. These include carrying out activities aimed at overthrowing the people's administration (Article 109 of the reformed Criminal Code), rebellion (article 112), and sabotaging the material-technical foundations of the Socialist Republic of Vietnam (article 114).

Returning to the recent execution figures, it is worth considering why the regime would choose to announce them in February - knowing the reaction they would cause - and whether they are not masking a far larger number of executions.

One problem is that they came with no information as to what the prisoners were being executed for. We might assume that most were for drug offenses or murder, as has been the case in the past, but it is by no means certain. That leads one to wonder whether any of the people executed were arrested for simply protesting against the regime.

Even if they weren't, capital punishment and human rights are by no means detached issues, as some claim. What is the connection between the drug trafficker, the murder and the human-rights activist in the regime's eyes? They are all a risk to national security. Indeed, in his famed essay, "Of Crimes and Punishments," Italian philosopher Cesare Beccaria described the death penalty as a "war of the whole nation against a citizen whose destruction they consider necessary."

But what is the "nation" in Vietnam? It is not just an arbitrary land defined borders. No - according the regime's own laws, it is defined as akin to the "people's administration." Since the Communist Party and the Nation are effectively the same under the law, an attack on the Party becomes treasonous. Indeed, the law makes "no distinction between violent acts such as terrorism, and the peaceful exercise of the rights to freedom of expression," the Vietnam Committee on Human Rights report reads.

Moreover, what is a "citizen" in Vietnam? And if it is to be treasonous to attack the Party, and thereby the Nation, does this mean the person who wishes the end of the Party is not a citizen? When France did away with the peine de mort in the early 1980s, Francois Mitterrand's Minister of Justice said the scaffold had come to symbolize "a totalitarian concept of the relationship between the citizen and the state." It is this same totalitarian relationship that knots capital punishment and human rights in Vietnam.

What also catches the eye is the hubristic nature of Hanoi's release of the execution figures, coming as they do as criticism of the regime increases. They might be better read as a boast, not an admission. The overriding message is: We are prepared to kill, and have done so more than most people thought.

Following the 2013 meeting between Obama and Sang, some pundits thought Obama's ambition was to embolden Vietnam's reformist politicians through diplomatic engagement and improved trade links. This became America's foreign policy towards Hanoi for the next 3 years. It didn't work, however, and suppression has remained as essential as ever for the Communist Party, perhaps even more so, especially as criticism of the Party's rule nowadays swells on issues such an environmentalism.

So while Vietnam's economy has flourished since Obama's rapprochement, its civil society has languished somewhere between desperation and enviable bravery. Obama's administration bears responsibility for this, and the strategic patience it gambled on played only into Hanoi's hands. Naive, perhaps. Or just willfully remiss, as Vietnam???s amity was necessary for America's counter-Beijing Asian 'pivot'. Maybe, then, Vietnam's activists were jettisoned for the sake of geopolitics - an unexceptional component of America's Janus-faced foreign policy.

Today, however, U.S. trade links are far from assured. U.S. President Donald Trump's withdrawal from the TPP has jeopardized the free-trade bounty Hanoi was counting on. Vietnam now appears keen to formalize a bilateral free-trade agreement with the US, and Prime Minister Nguyen Xuan Phuc said last month that he wants to visit Washington as soon as possible

In a perverse situation, Trump's administration now wields the stick that Obama chose not to use. Moreover, it has the ability to bargain in a way Obama couldn't: No trade pact without improved human rights. Since the Communist Party's legitimacy depends on a growing economy - and 1/5 of all Vietnam's export are to the United States, which could be further hampered if Trump pushes through trade tariffs and increased taxes on imports - Hanoi might be strong-armed into opening up space for criticism, in return for the United States opening more trade links.

Still, this depends on how much Trump values a human-rights laden foreign policy, which some analysts claim he doesn't. That said, the State Department's decision to give the imprisoned Vietnamese activist Nguyen Ngoc Nhu Quynh the "International Women of Courage Award" certainly irked Hanoi.

Perhaps this explains the adroit use of executions statistics by the Vietnamese regime, and the appropriate timing of their release. The numbers will raise hairs in Europe; the European Union (EU) bars membership for countries with capital punishment, though not for countries with which it agrees free-trade agreements, it seems. The EU-Vietnam FTA that should become effective next year but contains no condition regarding Vietnam abolishing the death penalty (surely patronizing, given that the EU has higher expectations of European countries than others).

The execution figures, however, put the United States in an awkward position. It cannot condemn Vietnam when it is still a practitioner in capital punishment, as well as the loudest proponent of drug prohibition internationally, too. As is to be expected, the White House has been silent on the matter. If the Washington can stomach the totalitarian ethos behind Vietnam's capital punishment then why can't it overlook Vietnam's human right's record, Hanoi may well argue. Indeed, the moral lecturer on human rights has the mirror turned on it when capital punishment arises.

One might assume, then, that with little international support for capital punishment abolition in Vietnam, the cogs will no doubt continue rotating on the death machine, at least until a true separation between the Nation and the Party, and between the State and the Citizen, takes place.

(source: The Diplomat)






INDIA:

Madhya Pradesh Seeks Death Penalty For Rapists


Madhya Pradesh has prepared a proposal seeking death penalty for rapists.

Chief Minister Shivraj Singh Chouhan has given his nod to the plan chalked out by Madhya Pradesh police. The state government will now forward it to the Centre for final approval.

"Police headquarters has prepared perhaps the most stringent proposal for punishing those charged with sexually assaulting women," said Aruna Mohan Rao, additional director general of police (ADG) from crime against women cell.

The proposal contains harsher punishment from 20 years in jail to death sentence for those who sexually assault girls less than 12 years of age, she said.

Once the Centre approves it, the bill will be introduced in the state Assembly during monsoon session, sources said. Then, it would be forwarded to the President.

The state government also plans to request the Centre to inculcate the said provisions into the Indian Penal Code.

Government sources said the CM approved the stringent laws for curbing crimes against women after a series of measures failed to bring the crime graph down.

Due for Assembly polls in 2018, the BJP government stares at highest number of rape cases in country with National Crime Record Bureau 2015 report putting MP on top in terms of rape cases registered in 2015. The state had recorded 4,391 rapes in the year.

(source: news18.com)






SINGAPORE----impending execution

EU calls on Singapore government to halt the execution of Jeffrey Marquez Abineno


The European Union (EU) has called on the Singapore authorities to halt the execution of Mr Jeffrey Marquez Abineno, to commute his sentence to a non-capital sentence and to adopt a moratorium on all executions.

Jeefrey was 47 years old at the time of his alleged offence. He was a drug addict. Upon his arrest, his urine sample tested positive for heroin and methamphetamine. He was convicted of delivering drugs to feed his own drug habit. The Prosecution argued that he would be paid in packets of heroin or in cash each time he made a delivery. The Prosecution further conceded that Jeefrey was a 'courier', but did not issue him with a certificate of cooperation. The trial Judge therefore had no choice but to sentence Jeefrey to death.

Jeefrey's lawyers applied to the Court of Appeal to challenge the constitutionality of section 33B of the Misuse of Drugs Act as it gave the Prosecution (and not the Judge) the power to decide who lives and who dies by the issuance or non issuance of the certificate of cooperation. The Court of Appeal however rejected their arguments.

Jeefrey's lawyers said that they received news on 17 April that his petition for clemency was turned down, and that they understand that he is scheduled to be executed tomorrow at the crack of dawn.

The EU said that it holds a principled position against the death penalty and is opposed to the use of capital punishment under any circumstances.

"The death penalty has not been shown in any way to act as a deterrent to crime," the press statement said.

Adding: "Furthermore, any errors - inevitable in any legal system - are irreversible."

(source: The Independent)






JAPAN:

Abe calls antiterror bill 'pressing' in Diet debate


Full-fledged deliberations on a bill to punish major organized crimes in the planning and preparation stages began Wednesday, with Prime Minister Shinzo Abe attending a House of Representatives panel session.

During a session of the Committee on Judicial Affairs, Abe sought understanding of the bill, which is intended to revise the Law on Punishment of Organized Crimes and Control of Crime Proceeds.

"We'll continue to work thoroughly to ensure the appropriateness of investigations, to prevent people from harboring fears and concerns," Abe said.

The government and ruling parties are aiming to pass the bill into law during the current Diet session, which is scheduled to end on June 18.

With the 2020 Tokyo Olympics and Paralympics only three years away, Abe said: "Implementing antiterrorist measures is a pressing issue. Establishing the crime of preparing for acts of terror and other offenses can help prevent serious organized crimes."

The legislation is essential to conclude the U.N. Convention against Transnational Organized Crime, to which Japan became a signatory in 2000.

"Among Group of 7 industrialized countries, only Japan has yet to conclude the convention," Abe said. "The early conclusion of it is extremely important."

Shiori Yamao of the Democratic Party referred to the possibility that people could be accused of a crime even for such menial acts as picking mushrooms in a protected forest.

"That won't counter terrorism," she said. "If surveillance by investigative authorities is reinforced, it's nothing but harmful."

Fierce opposition expected

At the beginning of the panel session, the ruling and opposition parties failed to reach an agreement over whether Makoto Hayashi, head of the Justice Ministry's Criminal Affairs Bureau, should attend the session as an unsworn witness for the government. As a result, the panel's Chairman Junji Suzuki, who is a member of the Liberal Democratic Party, used his authority to take a vote.

The ruling camp wanted Hayashi to attend the panel session, saying that questions concerning specific investigations and practical matters needed to be answered by the bureau chief, who is in charge of the matter and has expertise. The DP and other parties, which want to grill Justice Minister Katsutoshi Kaneda, opposed it. However, Hayashi's attendance was approved with a majority vote.

The bill stipulates that if a major crime involving terrorist groups or other organized crime groups is planned by two people or more, and at least one of them is involved in the preparation of it, all operatives who take part in the planning stages of the act can be punished.

Among crimes punishable by the death penalty or more than 4 years of imprisonment with or without labor, the government has narrowed down the number of crimes subject to punishment in which organized criminal groups are presumed to be involved to 277.

The government and ruling parties intend to pass the bill in the lower house shortly after next month's long holidays. However, the schedule for deliberations is tight, and the opposition bloc is highly likely to fiercely oppose it. To ensure the passage of the bill during the ongoing Diet session, some LDP members have called for the session to be extended. .

(source: The Japan News)






TAIWAN:

Move to execute coffee shop killer grinds to a halt after she 'finds Christ'----Sentence for coffee shop killer officially reversed from death penalty to life in prison for murders committed in 2013

A female manager of a coffee shop who had been convicted for the robbing and murder of a couple in 2013, has been given life in prison, reversing the original death sentence she faced that year.

Today, the Supreme Court dismissed the prosecution's appeal of a life sentence handed down in 2015 to Hsieh Yi-han, 31, on the grounds that she confessed and that a psychological assessment found that Hsieh had made a clean break with her past errors and was at low risk of repeating her crime.

In October 2013, Hsieh had originally been sentenced to death by the Shilin District Court in Taipei for the murder of Shih Chien University assistant professor Chang Tsui-ping, 58, and her husband, Chen Chin-fu, 79, before dumping their bodies in the Tamsui River in suburban Taipei in February 2013.

Hsieh had befriended the couple when they visited the Monmouth Coffee she was managing. Coveting the couple's large fortune, she laced their drinks with sleeping pills, stabbed them to death, and dragged their bodies into the river. Hsieh then withdrew NT$350,000 from Chen's bank account, but failed in her attempt to withdraw money from Chang's account by passing herself off as the murdered woman. The case came to light when the couple's bodies were discovered near the riverside cafe.

The verdict was then upheld in September 2014 by the Taiwan High Court. However, Taiwan's Supreme Court in February 2015 overturned the death sentence handed down in Hsieh's 1st and 2nd trials and remanded the case to the Taiwan High Court for review.

Pastor Huang Ming-chen, who met with Hsieh 20 times during her detention, said after she had found Christ, she wished to repent her sins and even hoped to reconcile with the families of the victims. This led the court to believe that there was a high probability that she could be reformed and that the death penalty was not appropriate after Taiwan signed into law the International Covenant on Civil and Political Rights (ICCPR).

The covenant stipulates that in countries that have not abolished the death penalty, the death sentence may be imposed only for the most serious crimes in accordance with the law, and it can only be carried out pursuant to a final judgment rendered by a competent court.

However, Chen's sister said in an interview earlier this year that that the reversal of the death penalty "had led to very painful suffering, she said she was "really very unconvinced! Taking two lives and she only gets life imprisonment! Her crime should result in the death penalty! This will be the only way to serve justice in the afterlife for my brother and sister-in-law."

(source: Taiwan News)




THAILAND:

Thai Court extends appeal deadline in trial of Myanmar migrant pair sentenced to death

For Zaw Lin and Win Zaw Htun - the migrant workers sentenced to death by the Thai court in relation to the deaths of 2 British tourists - the new year brings with it a glimmer of hope. Aung Myo Thant, the lawyer in charge of the case, confirmed to 7Day yesterday that Thai authorities have extended the deadline by which the defendants can file the final appeal for their case.

After being handed the death sentence last December, Zaw Lin and Win Zaw Htun had made an appeal to the Thai Appellate Court, citing accusations that officials had 'bungled' the investigation by declining to test key pieces of evidence, refusing to allow independent examinations, and failing to properly collect and preserve DNA samples. However, the Appellate Court officially stated on February 23 that the initial sentence would be upheld - an announcement that caught even the defendants' attorneys off-guard.

Following the Appellate Court's decision, the defendants were given 30 days to submit another appeal for their case to the Supreme Court, the final court. Although the pair's lawyers immediately began work on the Supreme Court appeal, they argued that the March 23 deadline was not enough time.

An initial petition for an extension was granted and the pair was given a new deadline of April 23. However, their attorneys argued that that still wasn't enough time to prepare a comprehensive appeal, and filed yet another successful petition. The team now has until May 23 to put together their case.

Zaw Lin and Win Zaw Tun were found guilty of killing David Miller, 24, and the rape and murder of Hannah Witheridge, 23, whose battered bodies were found on a beach on the southern diving resort of Koh Tao in September 2014. Miller had been struck by a single blow and left to drown in shallow surf, while Witheridge had been raped and then bludgeoned to death with a garden hoe.

While the death penalty is technically still legal in Thailand, it is rarely carried out.

(source: coconuts.co)






PAKISTAN:

Pakistan Army chief issues execution order of 30 militants


Pakistan Army chief General Qamar Javed Bajwa on Wednesday signed execution orders of 30 hardcore terrorists who were awarded death sentence by military courts of the country, the military said.

"These terrorists were involved in committing heinous offences relating to terrorism," an army statement said.

They were behind the attack on the Army Public School in Peshawar, kidnapping and slaughtering soldiers of security officials, attack on an airport in Swat Valley, killing innocent civilians, attacking armed forces' law enforcement agencies, the statement said.

It is the 1st time the army chief has approved death penalty of 30 convicts on a single day.

The army said the process of execution has been expedited during the ongoing anti-terror major operation codenamed "Radd-ul-Fasaa" or "reject discord" in English.

Pakistan's Parliament recently extended the period of military courts for 2 more years after their 2-year term expired earlier this year.

(source: webindia123.com)






IRAN----executions

Mohsen Babaie and 6 Others Executed at Rajai Shahr Prison


7 prisoners were reportedly executed at Rajai Shahr Prison on murder charges on the morning of Wednesday April 19.

These prisoners were among eleven who were transferred to solitary confinement on Sunday April 16 in preparation for their executions. The 4 other prisoners were reportedly returned to their cells, including Mehdi Bahlouli, who was reportedly 17 at the time of his arrest.

Sources close to Iran Human Rights have confirmed the names of 3 of the prisoners who were executed: Mohsen Babaie, Farzad Ghahreman, and Siamack Shafie.

Close sources have informed Iran Human Rights that Mohsen Babaie was born in 1988, and he was arrested in 2011. "Mohsen was an accountant. In 2011, he and his business partner got into a physical altercation. His partner died after Mohsen punched him in the face. If the murder victim's son does not forgive him, Mohsen will be executed," a source close to Mohsen tells Iran Human Rights.

Iranian official sources, including the media and the Judiciary, have not announced these 7 executions.

(source: Iran Human Rights)

*******************

Inmate's Hand Amputated Before Execution in Shiraz


3 inmates were executed on Tuesday, April 18 in the prisons of Shiraz and Tabriz. 10 days prior to the executions, authorities in Adel Abad Prison of Shiraz had horrifically amputated the hand of 1 of the inmates. 1 of the 2 prisoners executed in Tabriz Central Prison was 28 years of age.

Furthermore, 2 prisoners who were arrested while under the age of 18 are now facing execution. Mehdi Bahlouli, 17 years of age when arrested, is currently held in solitary confinement of Gohardasht Prison in Karaj, west of Tehran. Peyman Barandah, arrested at the age of 16 for his alleged crime, is on death row in Shiraz Central Prison.

The Iranian Resistance calls on Iranians from all walks of life, especially the youth, to protest such vicious punishments and arbitrary executions, specifically the hanging of juveniles. It further calls on the international community to strongly condemn this unprecedented barbarity in the 21st century and hinge their relations with the Iranian regime on an immediate halt to executions and inhumane punishments.

(source: Secretariat of the National Council of Resistance of Iran)






TURKEY:

Erdogan death penalty vow likely to be tough sell in divided Turkey


Immediately after winning Sunday's referendum, President Tayyip Erdogan promised to reinstate the death penalty, a reform put in place 15 years ago that was seen as fundamental to Turkey's efforts to join the European Union.

The move would be sure to delight his fans, who called for it repeatedly at campaign rallies. But by effectively ending Ankara's decades-long EU accession bid, it could be a tough sell to the millions of Turks in bustling port cities, trade and tourist hubs who voted 'No' in Sunday's vote.

Preliminary results show a slim majority of 51.4 % of Turkish voters voted "Yes" to granting the presidency sweeping powers, the biggest overhaul of the country's politics since the founding of the modern republic.

"Our concern is not what George, Hans or Helga says," Erdogan told flag-waving supporters on the steps of his presidential palace on Monday.

"Our concern is what Hatice, Ayse, Fatma, Ahmet, Mehmet, Huseyin, Hasan says, what God says," he said. He has promised a debate in parliament on the issue or, failing that, another referendum.

But Europe would not be the only source of resistance to Erdogan's plans.

Turkey's biggest cities - Istanbul, Ankara and Izmir - voted "No" on Sunday, along with industrial heartlands, tourist hotspots and ports in 33 provinces, outward-looking regions that have thrived on strong relations with Europe and are increasingly fearful of the future.

More than 320 of Turkey's 500 largest industrial companies are based in cities that voted against the constitutional changes, 181 of them in Istanbul.

"For years, we have worked on getting ourselves integrated with the world," Serafettin Asut, head of the chamber of commerce and industry in the Mediterranean city of Mersin, home to one of Turkey's largest international ports.

"We have made progress in foreign trade. We constantly think about how to improve ourselves. When you look at it from this perspective, bringing up the death penalty again would not really be received well," Asut said.

More than 64 % of Mersin's electorate voted "No" in the referendum, a surprise outcome in a city which had voted largely for the ruling AK Party, which was founded by Erdogan, in a November 2015 general election.

"People (in Mersin) turn their face towards the outside world but at home they see a different story," Asut said.

Tourist centres such as the Mediterranean city of Antalya, through which some 6 million foreign visitors entered the country last year, also overwhelmingly voted "No".

CONFLICTING AGENDAS

The main secularist opposition CHP party and the pro-Kurdish opposition HDP are seeking to annul the referendum, while the bar association and international observers have said the vote was marred by irregularities.

Erdogan has said the vote on Sunday ended all debate, however, telling European observers who criticised it: "Talk to the hand".

There have been sporadic protests against the outcome in cities, including Istanbul, Ankara and Izmir.

"The AK Party is increasingly failing to attract the voters of big cities," said Murat Gezici, head of pollster Gezici, which correctly predicted the outcome of the referendum.

"They tried to convince the masses through patriotic and conservative values and the voters have perceived this as an indication of AKP's future policies - turning its face away from the West," Gezici said.

If Erdogan presses ahead with reinstating the death penalty, the AKP will need to either pass a bill through parliament, for which it does not have the votes alone, or hold another referendum, which he could swing with the backing of the nationalist MHP party, which has supported the idea in the past.

In the latest referendum, however, Erdogan was only able to get the support of 35 % of MHP voters, according to Gezici, indicating that the backing he bet among the nationalists may not be there.

JUST A PRECAUTION

A hero for many in Turkey's pious working class, Erdogan has over the years also won support from liberal businessmen. His reform-oriented early years in power as prime minister from 2003 brought stability and attracted foreign investment.

But confidence has been dented by the worsening ties with Europe, mounting concerns about political freedom and civil rights after last year's failed coup, a resurgent conflict with Kurdish militants, and the threat from Islamic State in neighbouring Syria and Iraq.

One businessman in Turkey, who runs a medium-sized textile company with around 150 clients based in Europe, said he had recently set up a company in Germany because of the deteriorating environment.

"It is a precaution in case relations between Turkey and the EU sour further and affect trade," he said, asking not to be identified because he feared retribution from customers who are loyal Erdogan supporters.

"I don't expect something as severe as an embargo," if Turkey were to restore the death penalty, he said. "But I now have a safety net for my business in case things between Turkey and Europe gets much worse."

Hurriyet columnist Murat Yetkin said Erdogan may have won the referendum, but some big challenges lie ahead.

"Now Erdogan will have to rule the part of Turkey most open to the world, with the highest cultural production, export capacity, tourism revenue and industrial output, with a constitution approved by its most introvert part," he wrote.

(source: nasdaq.com)

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