April 16
TAIWAN:
Drunk Drivers Who Kill People To Be Punished With Death Penalty In This Country
Some countries believe that the death penalty is the right way to go for
certain reprehensible crimes. Whether they are the sexual assault of a child or
murder, every country has its own rule. Kenya, recently, for example, has
decided to institute the death penalty for poachers caught killing the
country’s most beautiful animals. Taiwan has decided to increase the penalty
for convicted drunk drivers to be death by lethal injection – and most people
are cheering at the change.
In Taiwan, the government wants people who get behind the wheel while
intoxicated to be fierce. Because people put other lives at risk when they
drive drunk, Taiwan wants its motorists to understand the risk – to their own
lives. If someone kills another person while driving drunk, then they will face
the death penalty.
In late March, Taiwan’s cabinet has approved a draft of an amendment to the
Criminal Code that would allow prosecutors to pursue the death penalty for any
person who killed another while driving drunk. The change to the law would make
it possible for homicide by drunk driving to be indictable as a murder offense
and not just manslaughter or something less dangerous in the courts. If the
deed is found to be “intentional,” which most drunk driver cases are, then the
death penalty could be the punishment.
Although the death penalty for drunk driving position has not yet been approved
– it is pending final say by the parliament, it has been met with a lot of
support, and just as much resistance.
The maximum penalty that people can get for killing someone while drunk driving
is only ten years behind bars. That’s not enough many people believe. Residents
of the Asian country want perpetrators to face the wrath of the government,
especially since they put people at risk when they get behind the wheel drunk.
The new law would not just institute the death penalty. It would also increase
the length of jail sentences and have stricter punishments for repeat offenders
– those who commit another offense within 5 years.
“Cases of drunk driving leading to death are rampant… drink drivers recklessly
caused accidents that took lives and destroyed families to result in
irreparable regret,” the Justice Ministry said in a statement.
In January, a 40-year-old man got behind the wheel while intoxicated. He
smashed his car into a taxi. He killed three people and injured three others,
including himself.
Taiwan believes that men like him deserve to face the death penalty. The people
want drunk drivers to know how serious their actions are.
Few countries seek the death penalty for such cases. China and the United
States have been known for putting murderous drunk drivers to death. Texas, for
example, does not hesitate to use lethal injection to punish people indicted on
“capital murder” if they do something truly heinous while behind the wheel of
their car drunk. In 2014, one Texas man plowed his vehicle into a crowd,
killing four. But prosecutors instead sought life in prison for him.
(source: opposingviews.com)
PAKISTAN:
K-P cabinet approves draft bill proposing death sentence for possessing over
1kg of meth-ice
The provincial cabinet on Monday cleared the draft of Khyber-Pakhtunkhwa
Control of Narcotics Substances Bill 2019 which proposes death penalty or life
imprisonment for people found possessing more than 1 kilogramme of
methamphetamine, popularly known as ice.
K-P Information Minister Shaukat Ali Yousafzai and CM’s Adviser on Merged
Districts Ajmal Wazir said this at a press conference in Ghalnai.
It was for the 1st time that a meeting of the provincial cabinet was held at
Ghalanai, the district headquarters of Mohmand. Chief Minister Mahmood cired
the meeting attended by provincial ministers and chief secretary and
administrative secretaries of various departments.
After the meeting, K-P Information Minister Shaukat Ali Yousafzai and CM’s
Adviser on Merged Districts Ajmal Wazir told a press conference that K-P
Control of Narcotics Substances Bill 2019 proposes severe penalties for those
involved in the business, trafficking and use of narcotics with special focus
on methamphetamine popularly known by street name of ice.
They said that in order to eliminate the use of ice in educational
institutions, the law proposed a penalty of two-year imprisonment and fine or
both if ice up to 50 grammes was found in someone’s possession, for more than
50 grammes and less than 100 grammes, three-year imprisonment and a fine of
Rs500,000 to 100,000, for more than 100 grammes and less than 1 kilogramme,
7-year imprisonment and a Rs100,000 to Rs300,000 fine.
Similarly, judges could award death sentence or life imprisonment if the
accused was found in possession of more than one kilogramme besides fine of
Rs0.5 million to Rs1 million.
A special Narcotics Wing will be established in Excise department to implement
the law.
(source: The Express Tribune)
IRAN ----executions
Man Hanged for Drug Offenses
A man who was sentenced to death for drug charges, hanged on Monday morning at
Dastgerd Prison in the Iranian city of Isfahan.
According to IHR sources, prisoner Abdollah Ghanbarzehi, 29, was executed on
April 15, 2019. He was from the Iranian southeastern province of Sistan and
Baluchestan.
A well-informed source told IHR, “Ablollah was arrested with 9 kilograms of
drugs in the city of Isfahan.” Baluchi Activists’ Campaign published Abdollah’s
photos (See below) and mentioned that he was arrested on September 28, 2017.
The new amendment to Iranian Anti-drug law which was enforced on November 14,
2017, includes a mechanism to limit the use of the death penalty and reduce the
sentences of those sentenced to death or life imprisonment. The law was
retroactive and could potentially save many prisoners’ lives after their
case-review process.
The amendment specifies that the death penalty should be limited to those who
have been carrying or have used weapons while trafficking, sponsoring or
organizing narco gangs and inducting children under the age of 18 or people
with intellectual disabilities into such gangs. Those with a prior prison term
of more than 15 years would also be excluded from the commutations under the
amendment.
Following the enforcement of Iranian Anti-drug law in November 2017, the number
of drug-related executions is significantly decreased compared to the past
years. IHR’s Annual Report on the Death Penalty in Iran shows that the number
of people executed in 2018 for drug charges, is significantly reduced. 24
people were executed on drug charges in 2018. The number for 2017 was 230.
However, there is a risk that a new wave of drug-related executions starts
after completing the case review process.
********************
Iran execute 4 prisoners in the cities of Gorgan, Isfahan and Shiraz
Iranian regime has executed at least 4 prisoners since April, in the prisons of
Gorgan, Adelabad and Dastgerd.
On Monday, April 15, 2019, a prisoner identified as Abdal Zahedani
(Ghanbarzehi) was executed on drug related charges in Dastgerd Prison of
Isfahan, central Iran.
Also on Thursday, April 11, 2019, the Iranian regime executed 2 prisoners in
Adelabad Prison in Shiraz, south-central Iran.
The victims, Taha Shirdokht and Kazem Minayi were found guilty of drug charges
and murder.
They were transfered to solitary confinement along with 4 other death row
prisoners on April 7.
Just days prior to that, on April 7, 2019, a prisoner identified as 36-year-old
Davoud Mohebzadeh was hanged in the central prison of Gorgan, northern Iran. He
had been transfered to solitary confinement on April 6. No information is
available on the fate of 4 other prisoners.
Iran has remained among the world’s top 5 executioners despite an overall drop
in the number of death sentences, according to a new report by Amnesty
International.
The Iranian regime has a dismal report card of at least 286 executions in 2018,
including the execution of 10 political prisoners, four women and seven
individuals who were sentenced to death for crimes they allegedly committed as
children.
The real numbers were likely to be much higher as use of capital punishment in
Iran is often shrouded in secrecy.
(source for both: Iran Human Rights)
BRUNEI:
Canada-led rights coalition slams Brunei death penalty for gay sex
More than 30 countries led by Canada have called on Brunei to repeal its
newly-adopted death penalty for gay sex and other harsh punishments for
robbery, rape, and adultery.
In a weekend statement, the intergovernmental Equal Rights Coalition (ERC)
expressed "profound dismay" that the sultanate adopted the "extreme penalties"
among several harsh new sharia laws.
"We urge the government of Brunei to repeal the new penalties, and to ensure
that any measures that are introduced are consistent with Brunei's
international human rights obligations and commitments," it said.
A tough penal code in the tiny country on tropical Borneo island -- ruled by
the all-powerful Sultan Hassanal Bolkiah -- came fully into force last
Wednesday after several years of delay.
It has sparked a storm of global criticism from politicians, celebrities, and
rights groups.
The ERC, currently co-chaired by Canada, was launched in 2016 at an LGBT rights
conference in Montevideo, Uruguay to promote international equal rights for
all.
Its declaration on Brunei was signed by Britain, France and several other
European powers, the United States and Canada, Australia and New Zealand,
Israel and a handful of Latin American nations, including Uruguay and Mexico.
The group said the penalties introduced by the southeast Asian country have "a
detrimental impact" on vulnerable groups in Brunei, including LGBT people,
women, and children.
The measures, it said, exacerbate their marginalization and "increase the risk
that they will be exposed to discrimination, persecution and violence, even if
they are not prosecuted for having violated the Code."
(source: abs-cbn.com)
SRI LANKA:
Commute Death Sentences of 13 Prisoners (Sri Lanka: UA 45.19)
Urgent Action
After 43 years without using the death penalty, the President of Sri Lanka,
Maithripala Sirisena, is reportedly planning to execute prisoners on death row.
There is complete secrecy around identities of the prisoners who are expected
to be imminently executed. No information about their case histories has been
shared. It is unknown whether the individuals had fair trials, access to
lawyers or whether they were able to engage in a meaningful clemency process.
The last execution in Sri Lanka was in 1976. 2019 cannot be the year that we
see this this progress reversed.
Write a letter in your own words or using the sample below as a guide to one or
both government officials listed. You can also email, fax, call or Tweet them.
President Maithripala Sirisena
Presidential Secretariat
Galle Face
Colombo 01
Colombo, Sri Lanka
Fax: +94 (11) 2340340
Email: p...@presidentsoffice.lk
--
Charge d'Affairs Sarath Dissanayake
Embassy of the Democratic Socialist Republic of Sri Lanka
3025 Whitehaven Street NW,
Washington DC 20008
Phone: 202 483 4025 // 4026 I 4027 I 4028
Fax: 202 232 7181
Email: slemba...@slembassyusa.org, d...@slembassyusa.org
Salutation: Dear Ambassador
--
Dear H.E. President Maithripala Sirisena,
I write to you to plead for the lives of the 13 prisoners whom you have said
you will be executing in the coming days.
We understand that you are determined to combat drug use and drug-related crime
in Sri Lanka. However, executions will not help with that.
There is no evidence that implementing the death penalty will end drug-related
crime. Many of the shrinking number of countries that still use executions for
drug-related crime recognize the failure of the death penalty to act as a
deterrent, including Iran and Malaysia.
There is no coming back from a flawed judicial process. The punishment is
absolute. The mistakes are irredeemable, which can lead to someone innocent
paying the ultimate price.
If you implement the death penalty, President Sirisena, it is a line you cannot
uncross.
I implore you to reconsider your decision to hang these 13 prisoners, and
commute their sentences. Please retain Sri Lanka’s positive death penalty
record and establish a moratorium on all executions with a view to abolish the
death penalty entirely.
Yours sincerely,
(source: Amnesty International)
INDIA:
Post-conviction Mental Illness is a Mitigating Factor for Commutation of Death
Penalty, Supreme Court
The Supreme Court has held that post-conviction mental illness will be a
mitigating factor while considering a plea for commutation of death penalty.
The judgment was rendered by a Bench of Justices NV Ramana, Mohan M
Shantanagoudar, and Indira Banerjee in a review petition filed by a convict who
had been sentenced to death for rape and murder of 2 underage girls.
The trial court had sentenced him to the death in 2001. This decision was
confirmed by the High Court and was later challenged before the Supreme Court
which dismissed the appeal. A review petition was filed against the same in
which the Court commuted the death sentence to life imprisonment on the ground
of his mental illness.
Submissions
During the hearing of the review petition, two issues were raised by the
Counsel for the accused. Advocate Nitya Ramakrishnan argued that the accused
was not given a separate pre-sentencing hearing by the trial court as is
provided for in the Code of Criminal Procedure (CrPC). The 2nd issue raised
pertained to the post-conviction mental illness of the accused. It was argued
that the execution of persons suffering from mental illness or insanity
violates Article 21 of the Indian Constitution. Hence, this was a fit case that
warranted commutation of the death sentence to life imprisonment.
Counsel for the State of Maharashtra, Nishant Katneshwarkar, argued that the
trial court proceedings would not stand vitiated merely on the ground that the
pre-sentence hearing was not conducted on a separate day. As regards the mental
illness of the accused, the State refuted the claim and submitted certain
medical reports to substantiate its stand that the accused was not suffering
from any mental illness.
Verdict
On the issue concerning pre-sentence hearing, the Court was of the view that a
hearing on a separate date is not mandatory as long as the accused is provided
adequate time to present his case, bring material on record, and the spirit of
the provisions of the CrPC is upheld.
The Court then proceeded to consider the aspect of sentencing and the impact of
post-conviction mental illness on sentencing.
At the outset, the Court noted the position in India as regards sentencing
which is something midway between judicial intuition and strict application of
rule of law.
As much as we value the rule of law, the process of sentencing needs to
preserve principled discretion for a judge. In India, sentencing is mostly led
by ‘guideline judgments’ in the death penalty context, while many other
countries like the United Kingdom and the United States of America, provide a
basic framework in sentencing guidelines, the Court noted.
The Court elucidated the general aspects of sentencing as evolved from various
judgments. It then proceeded to consider the aspect of post-conviction mental
illness as a mitigating factor in the analysis of ‘rarest of the rare’ doctrine
which has come into force after the Bachan Singh case.
Usually, mitigating factors are associated with the criminal and aggravating
factors are relatable to the commission of the crime. However, the ground of
post-conviction mental illness arises a long time after the crime and
conviction. Hence, the justification to include the same as a mitigating factor
does not tie in with the equities of the case, rather the normative
justification is founded in the Constitution as well as the jurisprudence of
the ‘rarest of the rare’ doctrine.
Thus, the Court resorted to Articles 20 and 21 of the Constitution and Section
20(1) of the Mental Health Act and the Prison Rules of various States to hold
that post-conviction mental illness is a mitigating factor in a death penalty
case.
It then considered the test for recognizing an accused eligible for such
mitigating factor. Placing reliance on ‘International Classification of
Diseases (ICD)’, which is accepted under Section 3 of the Mental Health Care
Act, 2017 and Diagnostic and Statistical Manual of Mental Disorders (DSM), it
held that there can be no set disorders/disabilities for evaluating ‘severe
mental illness’. However, a ‘test of severity’ can be a guiding factor for
recognizing those mental illnesses which qualify for an exemption.
The Court laid down the following directions to be followed in future cases:
That the postconviction severe mental illness will be a mitigating factor that
the appellate Court, in appropriate cases, needs to consider while sentencing
an accused to death penalty.
The assessment of such disability should be conducted by a multidisciplinary
team of qualified professionals (experienced medical practitioners,
criminologists etc), including professional with expertise in accused’s
particular mental illness.
The burden is on the accused to prove by a preponderance of clear evidence that
he is suffering with severe mental illness. The accused has to demonstrate
active, residual or prodromal symptoms, that the severe mental disability was
manifesting.
The State may offer evidence to rebut such claim.
Court in appropriate cases could setup a panel to submit an expert report.
‘Test of severity’ envisaged predicates that the offender needs to have a
severe mental illness or disability, which simply means that objectively the
illness needs to be most serious that the accused cannot understand or
comprehend the nature and purpose behind the imposition of such punishment.
In the instant case, however, the Court noted that while the exact mental
illness which the appellant was suffering from was not clear, it was evident
that he had been reeling under bouts of some form of mental irritability since
1994. Moreover, the Court also took into account the fact that he had suffered
long incarceration as a death row convict
However, highlighting the barbaric nature of the offence committed, the Court
ruled out commuting the term to a life-sentence simpliciter but commuted the
death penalty of the accused to a life sentence for the remainder of his life.
“It is extremely clear that the Petitioner poses such a grave threat to society
that he cannot be allowed to roam free at any point whatsoever. In this view of
the matter, we deem it fit to direct that the Petitioner shall remain in prison
for the remainder of his life”
The Court thus allowed the appeal. It also directed the State Government to
consider the case of the accused under the appropriate provisions of the Mental
Healthcare Act, 2017 and if found entitled, provide for his rights under that
enactment.
(source: barandbench.com)
BANGLADESH:
Couple murder: SC sets aside death warrant against man
The Supreme Court on Tuesday set aside the death warrant issued against T
Kattaivellai alias Dhivakar, for killing a 20-yr old college girl and her lover
in Theni district in May 2011, after noting the convict has yet not exhausted
all legal remedies, including appeal, before it.
A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv
Khanna said that the warrant was issued in violations of the law laid down in
the 'Shabnam vs Union of India & Ors' (2015) in this regard.
The court allowed the writ petition filed by the convict without even issuing a
notice to the state government and quashed the warrant.
The court was told senior advocate Siddharth Dave that the convict was yet to
file the appeal against the March 13 Madras High Court's judgement which had
affirmed the capital punishment awarded to the convict.
He also submitted the principal district and sessions judge who on March 27
issued the warrant for the execution of the death penalty, had on Monday
withdrawn it.
“Be that as it may, as the period for filing appeal within 60 days time is yet
to be over, we are of the view that the warrant issued on March 27 is contrary
to the law laid down. Accordingly, we deem it proper to set aside the death
warrant issued for the execution of the death sentence,” the bench said.
The counsel said the convict would soon be filing the appeal.
The high court had on March 13 affirmed the death sentence awarded by the trial
court in March 2018 to Kattaivellai, 28-year-old coconut plucker, rape and
murder of the college student, near Suruli falls in Theni district. The high
court had noted the convict had committed the murder in a gruesome manner. He
had also killed the girl's lover when he tried to protect her.
(source: deccanherald.com)
******************
RU Prof Shafiul Murder-----3 accused handed death penalty
A Rajshahi court yesterday sentenced 3 people to death for killing Rajshahi
University teacher Prof AKM Shafiul Islam in 2014.
Judge Anup Kumar of Rajshahi Speedy Trial Tribunal awarded death penalty to
Abdus Samad Pintu, Ariful Islam Manik, and Mohammad Sabuj at 12:15pm, said
public prosecutor Entajul Haque.
In addition to the capital punishment, each convict would have to pay a fine of
Tk 10,000, he said.
Among the convicts, Pintu, a Jubo Dal activist, and Manik, former Katakhali
municipal unit Jubo Dal organising secretary, were present at the court, while
Sabuj was absconding.
Haque said the murder was planned after the Prof Shafiul misbehaved with
Pintu’s wife Reshma Khatun, a staff of the university. Pintu threatened the
teacher for this before committing the murder, he added.
Announcing the brief judgement, the judge left the courtroom as the 2 convicts
burst into tears. Pintu wailed, “Everyone knows we are not the killers, yet we
are punished.”
The court also acquitted 8 other accused in the case, as prosecution could not
prove the allegations bought against them beyond doubt, the judge said in his
verdict said.
Expressing dissatisfaction over the verdict, defence lawyer Golam Mortuza said
the convicted persons are innocent as well, as the prosecution side could not
prove their involvement beyond doubt.
“The victim was a university teacher; that is why the investigation of his
murder case was politically motivated,” he said, adding that none of the 34
witnesses mentioned names of the accused persons being involved in the killing.
On the other hand, Soumin Shahrid, son of the slain professor, said he would
not comment on the verdict as it took place in accordance with the
investigation. “And the investigation could not establish the motive of the
murder logically”.
“The reason for the murder of a university professor cannot be as trivial as
misbehaving with a person,” he said.
Soumin said he was a 2nd year student of Dhaka University during the
investigation. He could not submit a no-confidence petition on it as the
university authority assured him of supervising the case proceedings properly.
“Instead of me, it was the then RU authority who filed the case, and they asked
me to concentrate on my studies; they neglected the issue,” he said.
Soumin claimed that Rab interfered in the case, saying, “They misled the
investigation.”
The defence lawyer said the prosecution recovered a machete from the place of
the occurrence, and an “S” was inscribed on it. Police identified Sadhan
Karmaker, a blacksmith from Bogura, who made the machete.
Sadhan told the court that he sells his weapons through Amol Kumar Mohonto, a
hardware businessman of the district. Amal told police that he sold this weapon
to a tall fair youth, but the police did not present the accused persons before
Amal to identify the youth.
“We think police did not do that, because Amal Kumar did not find the buyer of
the machete among any of the accused persons,” he said.
However, the public prosecutor said the reactions of the defence lawyers and
the professor’s son were “not based on facts”.
CASE HISTORY
Assailants stabbed Prof Shafiul, 48, to death on November 15, 2014 when he was
returning home in Rajshahi city's Choddopai area, near the then Rajshahi Rab
headquarters and the campus.
Shafiul was known as a progressive teacher and a Lalon song enthusiast.
The then RU registrar filed the murder case the following day, accusing unknown
persons.
Hours after the killing, banned Islamist outfit Ansar Al Islam Bangladesh-2
claimed responsibility for the murder on social media, and police arrested
three militants over the claim.
Senior police officials then told media that they found militant link behind
the murder, and the victim's son Soumin Shahrid suspected the same.
One week later, the investigation of the case took a turn when Rapid Action
Battalion held 6 pro-BNP men and presented them before the media in Dhaka, who
confessed that they are involved with the murder.
On November 30, 2015, Inspector Rezaus Sadik of police's Detective Branch
submitted the charge sheet, and ruled out any militant outfit's involvement in
the murder.
He accused Anwar Hossain Ujjal, a former convener of Rajshahi district unit of
Jatiyatabadi Jubo Dal, and 10 others for the murder.
Other accused are: Nasrin Akhter Reshma, an assistant section officer of RU;
her husband Pintu, Manik, Sirajul Islam Kalu, Mohammad Sabuj, Al Mamun,
Mohammad Arif, Mohammad Sagor, Zinnat Ali, and Ibrahim Khalil alias “Tokai
Babu”.
According to the charge sheet, Sabuj, Sagor, Arif, Zinnat and Ibrahim hacked
Prof Shafiul upon instructions from Ujjal and Manik.
The charges were based solely on the judicial confession of accused Nasrin
Akter Reshma, who claimed Prof Shafiul was killed because “he misbehaved with
her”, said public prosecutor Entajul.
He said the killers were annoyed at the professor for his love for Lalon as the
victim organised functions of Lalon songs at his home twice a week.
(source: The Daily Star)
AFRICA:
These 9 African countries have the highest number of people on death row
Amnesty International, a non-governmental organisation that focuses on human
rights, has revealed that 6 African nations performed execution on death row in
2018 with sub-Saharan African accounting for 90% of it.
According to its global report on "Death sentences and executions 2018,"
Amnesty International said despite the decline in executions in the world in
2018, 20 countries performed at least 690 executions compared to at least 993
executions in 2017.
The figure represents the lowest number of executions that Amnesty
International has recorded in the past decade. From the figures, the most
executions took place in China, Iran, Saudi Arabia, VietNam and Iraq – in that
order.
In Africa, Egypt, Botswana, Somalia, South Sudan and Sudan – carried out
executions in 2018.
The human right group said progress against the use of the death penalty in the
sub-Saharan Africa region was relatively positive in 2018 as there was decrease
in recorded executions from 28 in 2017 to 24 in 2018.
Country Death Row (as of 2018) Recorded Death Sentences in 2018 alone
Nigeria 2,000 46
Tanzania 500 4
South Sudan 345 8
Zambia 252 21
Ghana 172 12
Kenya 158 12
Uganda 145 5
Somalia 139 15
Mauritania 115 3
(source: pulse.com.gh)
EQUATORIAL GUINEA:
Equatorial Guinea to abolish death penalty – but democratically
The last time Equatorial Guinea applied the death sentence was in 2014 but
President Obiang Nguema has given a strong hint that the judicial measure will
soon be abolished.
The abolition is premised not on the years of advocacy by human rights groups
but from pressure by a political bloc that the country belongs to, the
Community of Portuguese Language Countries, CPLP.
President Nguema’s assurance on the decision to abolish was during a visit to
Cape Verde where he said the abolition of death sentence was all but done but
he only wanted the process to be democratic.
“So my government will soon put this question to parliament, where my party has
a majority. I am sure that this proposal will be approved,” he is quoted as
saying.
The country has been a member of the CPLP since 5 years ago. As part of reforms
they were tasked with on joining, the need to abolish the death penalty was
listed. The government has routinely been accused of muzzling opposition and
press with arbitrary arrests and detention.
The death sentence remains on the books of most African countries though it is
hardly implemented. Persons slapped with the sentence usually have their
sentence commuted to life imprisonment.
A recent report noted that only 5 African countries carried out the measure in
2018, Egypt, Somalia, Sudan, South Sudan and Botswana.
Despite being a former Spanish colony having attained independence in 1968, the
country has 3 official languages – Spanish, French and Portuguese, and it
officially uses the Central Africa CFA franc.
President Nguema has been in charge since 1979 making him the longest serving
African leader. His son, Teodorin, a former minister of agriculture is the
current vice-president.
(source: africanews.com)
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