April 25
MALAYSIA:
Give judges discretion in death penalty
At present a mandatory death sentence is imposed in Malaysia for convictions of
murder, certain firearm offences, kidnapping, drug trafficking and treason.
The mandatory death sentence in our penal system doesn't allow a judge to
exercise his discretion in dispensing punishment.
Parliament must delete the word 'mandatory' for the death sentence in the
Dangerous Drugs Act. Low level drug mules who traffic small amounts of drugs,
mostly young girls who could have been deceived into carrying them, have been
sentenced to death because of the mandatory provision.
The death sentence should be reserved for the big drug lords who rarely are
caught. Hopefully, in time to come, the mandatory death sentences for other
non-drug related crimes too will be left at the discretion of the judge.
There are 1,041 inmates languishing on death row in our prisons. The sentences
have not been carried out as the appeals are still pending.
The death penalty should be abolished for low level drug mules caught for
trafficking small amounts of drugs. These drug mules should be sentenced to
community service.
Despite the mandatory death sentence for drug trafficking, it has not reduced
cases of drug trafficking in Malaysia.
And despite all international flights into our airports reminding passengers in
several languages of the mandatory death sentence drug trafficking, they still
try to bring them in.
Many of our own young girls are also behind bars in other countries awaiting
the death penalty for trafficking in drugs. There was a report of a father
yearning for the return of his daughter who is in a prison in China for almost
8 years for being a drug mule. Many of these young girls were offered free
trips and vacations to exotic destinations by new acquaintances who ended up
using them as drug mules.
Last year a drug mule aged 64 was released after 31 years in prison for drug
trafficking. The woman was 33 when she was caught at the Subang International
Airport in 1985 trying to smuggle drugs to Australia. She got the death
penalty. She appealed but lost. However her sentence was commuted to life
imprisonment by the Sultan of Selangor in 2003.
After 31 years behind bars the woman became religious, repented and learned
skills to generate income after her release. Her husband and daughter were
waiting for her outside the Sungai Udang Prison in Malacca when she walked out.
A life sentence also allows for miscarriages of justice to be addressed, unlike
if the death penalty had been carried out.
SAMUEL YESUIAH
Seremban
(source: Letter to the Editor, The Star)
IRAN----execution
Prisoner Hanged on Drug Charges
A prisoner was reportedly hanged at Parsilon Prison (Lorestan province, western
Iran) on drug related charges.
According to a report by the HRANA news agency, the execution was carried out
on Saturday April 22. The report identifies the prisoner as Mehdi Mirzaie, 29
years of age, sentenced to death on the charge of posession and trafficking 7
kilograms of crystal meth.
Iranian official sources, including the media and Judiciary, have not announced
this execution.
(source: iranhr.net)
**********************
Iran abolishes death penalty for drug trafficking
Iran's Parliament has abolished the death penalty for dealers, distributors and
traffickers of narcotic drugs, replacing this punishment with lifelong
imprisonment.
Representative of the Judicial Commission of the Parliament (Majlis) of the
Islamic Republic of Iran, Hassan Nourozi announced about this while talking to
journalists on April 23.
Under the changes, the death penalty for non-band drug traffickers and
smugglers who were unarmed and had no previous execution or life imprisonment
convictions will be converted to 25 to 30 years of imprisonment.
In November 2016, Nourozi indicated that there were about 5,000 prisoners
between 20 and 30 years old on death row in Iran. Most of these individuals
were 1st-time drug offenders.
The Islamic Republic has long been criticized by international community for
its death penalties against drug traffickers. Iran executed hundreds of
prisoners during 2016, the majority for drugs offences.
But, there has been a considerable drop in the number of executions in Iran in
recent years. Earlier, the international human rights organization Amnesty
International reported that the total number of executions carried out in Iran
in 2016 decreased by 42 % (at least from 977 to 567) compared to the previous
year.
Even though the death penalty has not been shown to be an effective deterrent
for drug-related offences, there has been no progress toward the adoption of a
bill to amend mandatory death penalty sentences for these crimes.
The UN human rights mechanisms have repeatedly and consistently expressed their
great concern at this persistent trend, along with urging the Iranian
government to end executions and institute a moratorium on the death penalty
altogether.
(soruce: azernews.az)
EGYPT:
Egypt upholds death penalty for 20 over 'role in Kerdasa massacre'
A court in Egypt has upheld death sentences for 20 people over their alleged
roles in the Kerdasa massacre 4 years ago, which left over a dozen people dead.
In August 14, 2013, a few hours after Egyptian security forces mounted a deadly
crackdown on two sit-in camps of protesters in the capital Cairo, some 50
gunmen besieged the main police station of the town of Kerdasa, located near
the northern city of Giza, for several hours, before some of them struck the
complex with rocket-propelled grenades (RPG).
The assailants then stormed the station and killed 11 people officers,
including the chief of the police station, and 3 civilians. Next month,
Egyptian security forces launched a full-scale operation on the city and
arrested dozens of suspects after a gun battle. The number of detained suspects
in the Kerdasa case later increased to nearly 200 people.
In late 2014, an Egyptian court issued death sentences to 188 suspects, which
sparked an international outcry against the controversial verdicts. In 2015,
the death penalties were reduced to 149 cases by another court, and in February
2016, the Court of Cassation accepted an appeal on the death verdicts and
ordered a retrial for the defendants.
On Monday, however, the Cairo Criminal Court upheld death sentences against 20
suspects and announced that final verdicts for the rest would be delivered on
June 2. The Monday rulings now await ratification by the the country's grand
mufti.
The Egyptian government has been cracking down on the opposition since the
country's 1st democratically-elected President Mohamed Morsi was ousted in a
military coup led by former army chief and current President Abdel Fattah
el-Sisi in July 2013.
The controversial ouster sparked many protests by supporters of Morsi,
including a pair that were held al-Nahda Square and Rabaa al-Adawiya Square in
Cairo on August 13, 2013, which led to the killing of several hundreds of
demonstrators by security police.
Rights groups say the army's crackdown on the supporters of Morsi has led to
the deaths of over 1,400 people and arrest of 22,000 others, including some 200
people who have been sentenced to death in mass trials.
(source: presstv.ir)
PHILIPPINES:
36% Filipinos 'strongly approve' of death penalty: SWS
About 6 in 10 Filipinos have expressed approval of the reimposition of death
penalty in the country, based on the latest Social Weather Stations (SWS)
survey results.
In the nationwide survey conducted last March 25-28 among 1,200 respondents,
SWS found that 36 % of Filipinos "strongly approve" of the proposed law that
will reimpose death penalty on heinous crimes related to illegal drugs, while
24 % "somewhat approve" of the proposal.
About 16 % of Filipinos expressed indecision whether they approve or
disapprove, while 7 % "somewhat disapprove" and 16 % "strongly disapprove" of
the proposal.
This translates to a net approval score of +38 (61 % strongly/somewhat approve
minus 23 % somewhat/strongly disapprove), classified by SWS as "good."
SWS terminology for net satisfaction ratings are translated as follows: +70 and
above as "excellent;" +50 to +69 "very good;" +30 to +49 "good;" +10 to +29
"moderate;" +9 to -9 "neutral;" -10 to -29 "poor;" -30 to -49 "bad;" -50 to -69
"very bad;" and -70 and below "execrable."
SWS also found that the net approval of the proposal to reimpose death penalty
was highest among those with extensive knowledge about it at +59 (78 percent
approve, 19 % disapprove), followed by those with partial but sufficient
knowledge, at +51 (70 % approve, 18 % disapprove), those with only a little
knowledge, at +30 (54 % approve, 25 % disapprove), and those with almost no
knowledge, at zero (33 % approve, 34 % disapprove).
There was stronger support for the proposal from Metro Manila and
upper-to-middle class ABC, it added.
The net approval was highest in Metro Manila, +58 (75 % approve, 17 %
disapprove), followed by rest of Luzon at +39 (63 % approve, 24 % disapprove),
Mindanao at +35 (53 % approve, 17 % disapprove), and Visayas at +25 (56 %
approve, 31 % disapprove).
(source: Manila Bulletin)
*************
Conscience vote in Senate on death penalty urged
REP. Teddy Baguilat (LP, Ifugao) yesterday urged senators to follow their
conscience when they vote on the Palace-backed measure reviving the death
penalty and "not let politics be their sole basis."
The opposition lawmaker said senators must "search their conscience and
consider the possible ramifications of such a dangerous move."
"I urge the senators to think long and hard about their vote because the
implications will go far beyond this administration. It will mean the
livelihood of a lot of Filipinos and could even mean the death of an innocent.
Go beyond party lines, and vote according to conscience," he said.
Congress is set to resume session on May 2 but the death penalty bill is not in
the list of the Senate's priority measures.
Baguilat warned of the possibility that vital development aid from the European
Union would be cut if the death penalty is revived.
The EU could also decide to withdraw trade benefits such as the tax-free entry
of thousands of products from the Philippines that are given on condition that
the Philippines uphold its obligations, including the protection of human
rights.
Baguilat said the Philippines may also be violating an international treaty
that expressly prevents signatories from re-imposing the death penalty,
referring to the fact that the country is signatory to the United Nation's 2nd
protocol which calls for the abolition of capital punishment.
"There are serious economic repercussions if we push through with the
re-imposition of the death penalty. The bill has been approved by the House. My
hope is that the Senate will not commit the same mistake," said Baguilat.
Baguilat has been consistent in his stand against the re-imposition of the
death penalty, on grounds that it will legitimize the use of violence and is an
anti-poor measure.
On March 15, the House voted 217 against 54 with 1 abstention in favor of House
Bill No, 4727, approving it on 3rd and final reading.
The Executive has the option to choose how the penalty will be carried out - by
hanging, firing squad or lethal injection.
Under HB No. 4727, only 7 drug-related heinous crimes are punishable by death,
excluding the act of carrying illegal drugs which was removed because of the
incidents of evidence-planting by the police.
The 7 drug offenses are: importation of dangerous drugs and/or controlled
precursors and essential chemicals; sale, trading, administration,
dispensation, delivery, distribution, and transportation of dangerous drugs
and/or controlled precursors and essential chemicals; maintenance of a drug
den, dive, or resort; manufacture of dangerous drugs and/or controlled
precursors and essential chemicals; cultivation or culture of plants classified
as dangerous drugs or are sources thereof; unlawful prescription of dangerous
drugs; and criminal liability of a public officer or employee for
misappropriation, misapplication, or failure to account for the confiscated,
seized and/or surrendered dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia and/or
laboratory equipment including the proceeds or properties obtained from the
unlawful act committed.
(source: malaya.com.ph)
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