Septmber 12
BARBADOS:
Mandatory death penalty to go
Government yesterday sought Parliamentary approval to abolish the mandatory
death penalty in this country, but Minister of Energy and Water Resources,
Wilfred Abrahams, who introduced the Bill, made it clear that the death penalty
will remain on the statute books.
Abrahams, as he piloted the Offences Against the Person (Amendment) Bill during
the morning session in the House of Assembly, explained that the amendment
touches on other Acts including the Constitution of Barbados, the Penal System
Reform Act and the Criminal Procedure Act, and therefore proposed that it be
treated as a cognate debate.
His comments came as he indicated that removing the mandatory death penalty for
those convicted of murder will bring Barbados in line with international
treaties it has signed. Abrahams, who was filling in for Attorney General and
Minister of Legal Affairs, Dale Marshall, explained that the new sentencing
rules, once passed and enacted, will allow the judiciary to take all the facts
of the case into consideration in determining if a person who has been
convicted for murder should or should not be given a death sentence. He said
this is necessary as there are circumstances where a person may have killed
another, but it was not premeditated or intentional.
Noting that Barbados is a signatory to the International Convention on Human
Rights and therefore recognises the jurisdiction of the Inter-American Court of
Human Rights, he said that keeping the mandatory death penalty on the statute
books was a violation of the convention, as it allowed for the deprivation of
the right to life.
As such, he said the Human Rights Court felt that all murder should not be
punishable by a mandatory death sentence and consideration should be given by
judges to mitigating or aggravating circumstances as they determine an
appropriate sentence. He made the point while noting that the Caribbean Court
of Justice, this country's final court of appeal, also found as recent as June
this year, that the mandatory death sentence in Barbados was unconstitutional.
"Our law as it stands now does not distinguish between those 2 scenarios so
that the person who did not necessarily intend to kill the victim faces the
exact same charge of murder as does the person who intended to kill the victim
and that is what the Inter-American Human Rights Court was trying to get
across. We cannot stop you from having a death penalty if that is the rule or
the law in your country, because some cultures, some people, some societies
require the option of death as being the final, most severe penalty the law
could impose. But what it says is that sentence of death must necessarily be
reserved for the most heinous of offences and the most of serious crimes, such
that no other sentence would suffice," Abrahams a former President of the
Barbados Bar Association stated.
The Minister's comments came as he noted that the last executions in Barbados
took place some 34 years ago, and so while persons convicted of murder have
been sentenced to death, that sentence has not been carried out as successive
Governments have accepted that "it is not fair that there is no option on the
finding of murder, but to sentence a person to death". He explained that in
countries where death is the final sanction for murder they recognise degrees
of the offence, with only the most serious degree being punishable by the
sentence of death.
"The Inter-American Court and the CCJ and all the other human rights courts
make the point that from the time the judge has no other options but to
sentence somebody to death, you have stripped away one of the fundamental
pillars of our criminal justice system which is judicial discretion. You have
denied the judge the opportunity to take all of the circumstances into
consideration and give the sentence that fits the crime and also the
circumstances of the offence," he stated.
Moreover, he argued that keeping the mandatory death penalty on the books, was
also allowing the legislature to interfere with the working of the judiciary
and was an obvious breach of the separation of powers.
(source: The Barbados Advocate)
SOUTH KOREA:
Push to abolish the death penalty
The National Human Rights Commission on Tuesday recommended that Korea accede
to an international protocol renouncing capital punishment.
The 11 members of the commission unanimously made the recommendation that the
country join the Second Optional Protocol to the International Covenant on
Civil and Political Rights, which aims to abolish the death penalty, during
their 1st meeting presided by the commission???s new chair, Choi Yeong-ae.
Korea is 1 of 4 members of the 36-nation Organization for Economic Cooperation
and Development that have not yet acceded to the protocol, along with the
United States, Israel and Japan.
Korea has a de-facto moratorium on capital punishment. The country still issues
the death penalty, but it has not carried out an execution since 1998, nor has
the country officially declared its discontinuance.
"Opinion polls have so far shown that a majority of people expressed views that
the death penalty is inevitable due to such reasons as extreme pain and sense
of loss among victims' families, the realization of justice and crime
prevention," the commission said. "We are well aware of these views and
concerns, but it is difficult to see it as the only form of compensation and a
genuine form of compensation to victims and their families, to deprive
criminals of their lives."
By acceding to the protocol, the commission said it hopes the country will make
the suspension of executions official and take steps to abolish capital
punishment. It also urged the government to vote for a United Nations
resolution on a moratorium on the death penalty at the United Nations General
Assembly in December.
(source: Korea Joon Gang Daily)
*******************
Dispute re-emerging over abolishment of death penalty
A decades-long dispute over whether to abolish the death penalty has been
reignited, following a human rights watchdog's recommendation to do so.
The National Human Rights Commission of Korea (NHRCK) decided Tuesday to
recommend the government join an international covenant to abolish the death
penalty.
The decision was made during an 11-member commission meeting, the first meeting
held by new Chairperson Choi Yeong-ae.
The Second Optional Protocol to the International Covenant on Civil and
Political Rights, first introduced by the U.N. in December 1989, is aimed at
ending the practice of capital punishment, providing a procedure for
abolishment of the system and renouncing execution of war criminals.
Only 4 countries among the 36 OECD member nations have not signed the protocol,
which includes Korea, the United States, Israel and Japan.
Several human rights watchdogs including the U.N. Human Rights Council and the
U.N. Human Rights Committee have been recommending Korea join the protocol and
renounce capital punishment.
The NHRCK also expressed its opinion to abolish the system to the chairman of
the National Assembly in April 2005, and to the Constitutional Court in July
2009. Last December, the human rights watchdog consented on the abolishment of
capital punishment in military criminal law.
61 people have been sentenced to death and they are awaiting execution,
according to the NHRCK, but nobody has been put for death here for over 20
years since Dec. 30, 1997.
Korea has practically suspended capital punishment - despite its issuance of
the system - but it has not officially declared its discontinuance of
executions.
"Looking at the results of several public opinion polls collected in the past,
we know how much people still want the death penalty against heinous crimes.
People believe it will prevent further dreadful crimes and realize justice
while relieving extreme pain and sense of loss among victims' families," an
NHRCK official said during the meeting.
"However, we don't see taking the criminals' lives is the only genuine
compensation to the victims and their families. With our recommendation, we
expect the government to vote for a U.N. resolution on a moratorium on the
death penalty during the U.N. General Assembly scheduled in December," the
official said.
But many still want to keep the system, with the latest poll in August showing
69 % of the public agreed with capital punishment.
"We should stop thinking that abolishment of the death penalty is the answer to
becoming a developed country in human rights and retaining the system is a
conservative practice. Of course, all human lives have dignity but if we don't
punish those who commit brutal crimes like murder, how can you compensate for
the pain of victims' families?" a commission member said.
"The nation should make 100 times more efforts than now in protecting victims'
human rights. Then it can talk about abolishing the death penalty to protect
criminals' human rights," a blogger said.
(source: Korea TImes)
SOUTH AFRICA:
South Africans call for return of the death penalty
While the IFP are the 1st major political party to call for discussion of the
sentence following the release of this year's crime stats, many citizens appear
to support the call.M
Following the release of the 2017/2018 crime stats this morning, which showed a
shocking 6.9% increase in murders and an increase in sexual assaults, the
Inkhata Freedom Party (IFP) has called for the debate about the death penalty
in South Africa to be revived.
A glance at social media shows that many South Africans share the party's
sentiments.
This is by no means the first time the party has expressed their view that the
reinstatement of the death penalty should be discussed.
On September 5 they made the same call on eNCA citing the country's "out of
control" crime rate.
In a statement released in July, IFP chief whip in parliament Narend Singh said
the party had written to parliament's joint constitutional review committee to
request that the matter of whether or not the death penalty should be
reinstated be "urgently" placed on the committee's agenda for public input and
discussion.
In May, the party's Women's Brigade made a similar call in relation to violence
towards women.
The party is likely to see more support for the call following the release of
the crime stats, that minister of police Bheki Cele himself said indicated that
South Africa is close to a "war zone".
Social media demonstrates that the IFP are by no means the only South Africans
who either want the death penalty reinstated or at least a debate on the topic
to proceed.
The death penalty was abolished by the constitutional court in June 1995
following a 5-year moratorium that was placed on it in February 1990.
India recently reinstated capital punishment for those that rape children after
nationwide protests over the prevalence of this crime in the country.
(source: citizen.co.za)
MALAYSIA:
Security guard faces death penalty over colleague's murder
A security guard was charged in the Magistrate's Court here today with the
murder of his colleague at a medicine factory in Seri Iskandar.
Mohd Halin Jabar, 52, nodded his head after the charge was read before
Magistrate Mohd Fitri Sadarudin, but no plea was recorded.
He was charged with murdering Masri A/L Pandak, 37, at the guard post of Idaman
Pharma Manufacturing Sdn Bhd, Lot 120 Taman Farmaseutikal, Seri Iskandar, at
about 7.55pm last August 31.
The charge, under Section 302 of the Penal Code, provides the mandatory death
sentence upon conviction.
The court set October 31 for mention pending a post mortem report on the
victim.
The prosecution was conducted by deputy public prosecutor Nur Farhana Hashim,
while Mohd Halin was unrepresented.
Earlier, at the Ipoh Sessions Court, Mohd Halin pleaded guilty to a charge with
unlawful possession of a semi-auto pistol at the same place and time.
The charge, under Section 8 of the Firearms (Increased Penalties) Act, provides
an imprisonment for up to 14 years and whipping of up to 6 times, if found
guilty.
Judge Murtazadi Amran did not allow bail and set September 19 for mention.
Deputy public prosecutor Muhammad Fauzi Md Yusof prosecuted.
(source: Malay Mail)
BANGLADESH:
3 war criminals appeal against death penalty
3 war criminals from Patuakhali filed an appeal with the Supreme Court
challenging the war trial verdict that sentenced them to death for war crimes.
Abdul Gani Hawladar, Abdul Awal alias Moulobi Awal, and Solaiman Mridha filed
the 556-page appeal to the Supreme Court seeking acquittal of charges.
Citing from the appeal, their lawyer Advocate Abdus Sattar Palwan told The
Daily Star the accused were innocent and the prosecution could not prove the
charges before the tribunal beyond reasonable doubt.
The Sector Commanders' Forum had conducted inquiry against them, but the forum
did not place any investigation report against them to the tribunal, he said.
The lawyer also said, the Supreme Court will decide when it will hold hearing
on the appeal.
International Crimes Tribunal on August 13 this year convicted 5 war criminals,
including the 3. 2 other convicts did not submit any appeal.
(source: thedailystar.net)
************************
Hyderabad twin blast case: Convicts' execution in 20 years
Hyderabad: The twin-blast convicted Aneeq Shafique Sayeed and Akbar Ismail
Choudhary, charged with death penalty will likely be hanged in less than 20
years, unlike what was earlier previewed to be a final and immediate
implementation of the death penalty. A judicial process is said to be followed
post the current conviction verdict. Advocates of the convicted are said to
initiate the process for appeal at the High Court Namrata Das, a criminal
lawyer said, "The time frame to appeal to the High Court is unique to each case
and will take nearly 6 years to conclude. Following which, the accused can re
appeal their cases in the Supreme Court."
"Thereafter, the High Court can provide evidence to the Supreme Court if the
case against the two accused has viable amount of incriminating evidence. Of
course, if all else fails, in terms of appeals, the convicted can apply for a
clemency petition to the President for pardon. The entire process is lengthy;
quick action is not viable due to the amount of evidence, arguments and
documents that require to be scrutinized before judgments like the death
penalty can be given the green signal," the criminal lawyer said.
While the counsel of the accused prepares to move their fight to higher courts
of law, the prison's department has begun to work out the logistics of
transporting the accused. Director General of Prisons and Correctional Services
Mr. V. K Singh said, "The convicted won't be hanged today or tomorrow, there is
said amount of judicial steps to be conducted prior to hanging. For now, Aneeq
and Akbar will have go on trial in other states. Heightened security measures
will be taken to ensure the transportation of the convicted."
Speaking further on the matter, DIG Prisons B. Saidaiah said, "Along with the
local police, coordination with the other states??? law enforcement bodies, the
decision of transporting the convicts either via flight or railway, will have
to be taken. The mode of transportation will be decided based on a number of
factors not limited to security and should take place in all probability in the
next 15 days."
"As the orchestration of transport is being decided, the convicted will
continue to remain in the segregated barracks, exclusive from the main prison
population to ensure there are no security risks", he said.
(source: Deccan Chronicle)
AUSTRALIA:
Could Australia do more to fight against the death penalty?
It has been more than 50 years since the last person was executed on Australian
soil, but the Federal Government is being urged to do more to stop the death
penalty in other countries.
Ronald Ryan was hanged in Victoria in 1967 for the fatal shooting of a prison
officer during an escape from Pentridge Prison, but since then, at least 8
Australians have been executed by foreign governments.
Former Adelaide woman Lisa Cunningham is now potentially facing the death
penalty in the south-western US state of Arizona over the death of her
7-year-old stepdaughter Sanaa.
Melbourne lawyer Nicholas Harrington, who established Reprieve Australia, a
group that provides legal representation to people at risk of execution, said
that while Australia had become much better at pushing for an end to the death
penalty, there was "a lot more work that needs to be done".
"It's difficult to know how effective we are, as it all happens behind closed
doors," Mr Harrington said.
"It would be a very dangerous thing for Australia in its region to stand on a
soap box, so it's a long, slow road.
"Courts and litigation are an instrument but the change needs to happen at a
political level."
Furthering Australia's diplomatic push, Foreign Minister Marise Payne is due to
formally launch the Government's Strategy for Abolition of the Death Penalty in
Canberra on Thursday.
The strategy - a main element of Australia's pitch to join the UN Human Rights
Council - is designed to formalise the nation's diplomatic approach to advocacy
but does not look at police cooperation or the support provided for Australians
on death row.
Australia has steadily improved
Melbourne lawyer Julian McMahon represented Bali Nine duo Andrew Chan and
Myuran Sukumaran, who were executed by the Indonesian Government in April 2015
after serving 10 years in jail for trafficking heroin.
He said Australia was at a "low point" in the first decade of this century,
pointing to the Australian Federal Police's communications with the Indonesian
police about the Bali Nine drug smugglers, as well as a lack of opposition to
the execution of Saddam Hussain and the Bali bombers.
"In the decade since 2008, Australia has definitely steadily and now very
positively and strongly improved our position," he said.
He attributed some of this change to the fight to save Chan and Sukumaran from
the death penalty, with a strong sense of injustice felt by senior public
servants who had worked hard to keep them alive.
Limited resources created gaps
The Department of Foreign Affairs and Trade did not provide information to the
ABC on dedicated operational funds that were provided for DFAT's new death
penalty strategy.
In response to questions, a departmental spokeswoman instead said Australia
opposed the death penalty "in all circumstances for all people".
"Australian ministers and officials regularly raise the abolition of the death
penalty as a priority human rights issue with relevant countries," she said.
A DFAT submission to an inquiry into Australia's work on the death penalty said
that over the 18 months to September 2015 there were no representations made to
the US Government on the death penalty, despite the country ranking 5th
internationally for executions carried out.
Kim Beasley, Australia's Ambassador to the US, instead wrote letters to 2 state
governors regarding 2 specific cases, the submission said.
It also noted there were gaps in Australia's bilateral advocacy against the
death penalty, with restricted resources meaning advocacy was generally limited
to a response to a request from Canberra or if a case attracted media
attention.
Australian mother could face death penalty
In December, former Adelaide resident Lisa Cunningham, 44, and her husband
Germayne, 39, were indicted in an Arizona county court each on 10 child abuse
charges and a 1st degree murder charge over the death of Mr Cunningham's
daughter Sanaa.
Sanaa died on February 12, 2017, with an autopsy finding the cause of death to
sepsis related to a chest infection, an abscess in her right foot, multiple
skin ulcers and unspecified schizophrenia spectrum disorder.
A moral theologian analyses Pope Francis's change to Catholic doctrine to
completely oppose the death penalty.
In August, the Maricopa County Court ruled that both adults were eligible for
the death penalty, remanding them in jail.
Court documents allege the couple shut Sanaa in their backyard, laundry and
garage, forced her to sleep outside, restrained her with cable ties and failed
to seek medical care.
The young child had special needs, with multiple psychiatric and behavioural
issues, including a severe eating disorder.
A December statement from the Arizona Department of Child Safety confirmed that
Sanaa was known to the department, with multiple reports made alleging that she
was neglected since March 2016.
An investigation following the 1st report in March that year found the
allegations were unsubstantiated, noting that the Cunninghams made specialist
appointments for Sanaa over the course of the investigation.
An October 2016 allegation of possible sexual abuse was investigated and found
to be unsubstantiated.
A 2rd report was made in December that year, alleging neglect and physical
abuse. After an investigation, the allegations were "proposed for
substantiation", with the case still open at the time of Sanaa's death.
The statement from the department said there was not sufficient evidence in
each of the three investigations to legally justify removal from the home or to
mandate court ordered services.
Family in disbelief
Cunningham's uncle Rob Topsfield - who lives near Mannum in South Australia's
Murraylands region - told the ABC the family did not believe the news at first.
"At first we just thought it was a joke, someone trying to be silly on
Facebook, or a scam," he said.
"We didn't really believe it until I rang one of my great nephews and he
confirmed [it].
"She was a very loving-natured girl. She's spent most of her life helping
others.
"She was like a mother to her older brothers.
"It's been a bit rough."
He said he and other family members felt helpless.
"I've got lung cancer, I'm 70," he said.
"I don't think there's any way I could possibly go to America with the lungs
the way they are, so we just feel so helpless.
"It's frightening and disturbing we can't do any more for her.
"There's nothing we can do from this side of the earth. We don't even get
newspapers out where we live."
A spokeswoman from DFAT told the ABC it was "providing consular assistance to
an Australian in the United States, in accordance with the Consular Services
Charter" and "for privacy reasons" were unable to provide further details.
(source: abc.net.au)
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