[Deathpenalty] death penalty news----worldwide

2016-05-15 Thread Rick Halperin





May 15



SINGAPORE:

Imminent executions in Singapore and Indonesia must be halted


We the undersigned, human rights organizations, and concerned human rights 
defenders condemn the imminent executions of Kho Jabing in Singapore and at 
least 15 individuals which apparently includes, 4 Chinese nationals, 2 
Nigerians, 2 Zimbabweans, 1 Senegalese, 1 Pakistani and 5 Indonesian nationals 
in Indonesia. We call on the authorities of the 2 countries to halt the 
impending executions.


On 12 May 2016, the family of Kho Jabing, a Malaysian national on death row in 
Singapore, received a letter from the Singapore Prisons informing them that Kho 
Jabing would be executed on 20 May 2016. Kho Jabing was convicted of murder in 
2011. Of particular concern is the fact that there was a lack of unanimity in 
sentencing Kho Jabing to death, which demonstrates that reasonable doubt exists 
as to whether Kho Jabing deserved the death penalty.


As regards the imminent executions that will be taking place in Indonesia, 
Indonesia would contravene her own international obligations under the 
International Covenant on Civil and Political Right by executing these 
individuals.


The Association of South East Asian Nations Member States (???ASEAN???), 
including Singapore and Indonesia, have continuously emphasized the importance 
of the rule of law and the protection of rights. The death penalty therefore 
stands out as an aberration.


In December 2014, the United Nations General Assembly adopted its latest 
resolutions calling on all States to adopt a moratorium on the use of the death 
penalty, with a view towards abolition. A record number of 117 Member States 
supported the Resolution. Regrettably, Indonesia abstained and Singapore voted 
against the Resolution. The ASEAN Member States must use the opportunity 
presented by this Resolution to align themselves with the global movement 
towards abolition.


Singapore has recently undergone its second Universal Periodic Review in 
January 2016. The continued use of the death penalty was one of the key 
highlights of the review, with Singapore receiving over 30 recommendations 
related to the death penalty, including recommendations to abolish the death 
penalty.


In 2015, Indonesia, a United Nations Human Rights Council Member until 2017, 
executed 14 individuals convicted of drug-related offences amid strong 
international opposition. The imminent executions would further damage 
Indonesia's human rights record and erode her standing in the international 
community.


The death penalty has no place in the 21st Century. Not only is there a real 
possibility of wrongful executions, it deprives inmates of their life and 
dignity, and creates new classes of victims. We strongly urge the governments 
of Singapore and Indonesia to halt the upcoming executions, immediately impose 
a moratorium on the use of the death penalty and take meaningful steps towards 
its eventual abolition.


List of Signatories:

Anti-Death Penalty Network Asia (ADPAN)

Center for Prisoner's Rights Japan (CPR)

Community Action Network (CAN, Singapore)

Free Community Church (Singapore)

Function 8 (Singapore)

MADPET (Malaysians Against Death Penalty and Torture)

Maruah (Singapore)

International Commission of Jurists (ICJ)

Journey of Hope

Legal Aid Community (LBH Masyarakat, Indonesia)

Murder Victims' Families for Human Rights (MVFHR)

Ocean

Pusat Studi Hukum dan Kebijakan Indonesia (The Indonesian Center for Law and 
Policy Studies)


Reprieve Australia

Sayoni (Singapore)

Singapore Anti-Death Penalty Campaign (SADPC)

Suara Rakyat Malaysia (SUARAM)

Taiwan Alliance to End the Death Penalty (TAEDP)

The Commission for the Disappeared and Victims of Violence (KontraS, Indonesia)

The Indonesian Center for Law and Policy Studies (PSHK, Indonesia)

The Institute for Criminal Justice Reform (ICJR, Indonesia)

The Institute for Policy Research and Advocacy of Indonesia (ELSAM)

The National Human Rights Society, Malaysia (HAKAM)

Think Centre Singapore

We Believe in Second Chances (WBSC, Singapore)

(source: wordpress.com)





*

Questionable validity of the Court of Appeal in resentencing of death for Kho 
Jabing



MADPET (Malaysians Against Death Penalty and Torture) in a letter to the press, 
states that the questionable validity of the Court of Appeal that re-sentenced 
Kho Jabing to death is enough reason for immediate stay of execution of Kho 
Jabing that has been scheduled for Friday 20 May 2016


It states that the Justice Andrew Phang should not have sat on the 2 Court of 
Appeal as such a judge who had previously heard and determined a case involving 
the same accused person reasonably would not satisfy the conditions of an 
independent and impartial tribunal.


It also noted that when Kho's case was sent to the High Court for re-sentencing 
by the Court of Appeal, the judge that heard and considered the re-sentencing 
was not the High Court judge that originally 

[Deathpenalty] death penalty news----worldwide

2016-05-15 Thread Rick Halperin





May 15




UNITED KINGDOM/TRINIDAD:

UK judges to rule on death penalties for 'intellectually disabled'


Case of 2 Trinidadians on death row may set global precedent that could prevent 
the execution of people with extremely low IQs


The fate of 2 Trinidadian prisoners, both of whom have been condemned to death 
despite having extremely low IQs, will be decided by British judges this week.


The 2-day hearing at the judicial committee of the privy council (JCPC) in 
London may set an international precedent that could prevent the execution of 
people on death row who have been diagnosed as "intellectually disabled".


The JCPC, based in Westminster, acts as an ultimate court of appeal for smaller 
Commonwealth countries, including many in the Caribbean that retain capital 
punishment. Justices from the UK's supreme court hear its cases.


Lester Pitman was convicted of a joint enterprise, triple killing of 3 Britons 
carried out in the island's capital, Port of Spain. In December 2001, the 
bodies of a former BBC newsreader, Lynette Lithgow, 51, her mother Maggie Lee, 
83, and brother-in-law John Cropper, 59, were found in a blood-splattered 
bathroom at a 12-room bungalow.


Cropper had moved to Trinidad several years earlier. All 3 were found with 
their hands tied behind their backs and their throats slit. The initial motive 
appeared to have been robbery.


Pitman, who is now 36, was convicted of the killings in 2004 and sentenced to 
hang. The death penalty for murder is mandatory in Trinidad. Because he had 
waited for so many years on death row, however, his sentence was commuted in 
2013 to 40 years in jail.


At the end of the hearing, Trinidad's court of appeal declared that Pitman had 
previously been "properly sentenced to suffer the death penalty".


Pitman's IQ was measured initially at 52 then at 67 - both figures are below 
the World Health Organisation guideline that classifies anyone with an IQ of 
below 70 as being "intellectually disabled". His mother, Cheryl Pitman, told 
the Trinidad Guardian: "People should have mercy for Lester because his IQ is 
very low. He thinks like a child."


Neil Hernandez was convicted of killing a woman, Christine Henry, and her 
6-year-old son, Philip, in the coastal village of Toco on Trinidad in May 2000. 
He was found to have slashed them with the cutlass he used for harvesting 
coconuts. Hernandez claimed he had not intended to kill them and had been 
tricked into signing a confession. In 2004, he was sentenced to hang.


At a hearing in 2014 , the Trinidad appeal court commuted his death sentence to 
25 years on the same principle as Pitman, that he had already spent too long on 
death row. Evidence given showed he had an IQ of 57.


Delivering their decision, the appeal court judges in Port of Spain said: "If 
the members of this society [in Trinidad] hold the view that it is repugnant to 
evolving standards of decency to impose the death sentence on mentally retarded 
persons, then those members are entitled to make their views felt and to lobby 
members of parliament to introduce legislation which reflects those standards."


An earlier Jamaican JCPC case, known as Pratt and Morgan, established in 1993 
that it was "inhuman or degrading punishment" to impose a delay of more than 5 
years after sentencing on anyone facing execution.


Pitman and Hernandez are being represented at the JCPC by Saul Lehrfreund, the 
co-executive director of the Death Penalty Project, which is based at the 
London law firm Simons Muirhead and Burton, and provides free legal assistance 
to prisoners facing the death penalty around the world. He said: "These cases 
raise a novel constitutional point about the imposition of the death penalty on 
people who have intellectual disability.


"It's important for both Commonwealth countries and the wider world where the 
death penalty is still in use. This could establish a principle that it's cruel 
and unusual punishment to impose a sentence of death on someone if they are 
intellectually disabled or suffer from significant mental illness."


In court, the cases will be argued by Edward Fitzgerald QC and Paul Bowen QC. 
Pitman's appeal is against both conviction and sentence, Hernandez's only 
against sentence.


Lehrfreund added: "Neither Pitman nor Hernandez are going to be executed, 
because the court in Trinidad has recognised they have been on death row for 
too long. If we are right, however, they should never have been sentenced to 
the cruelty of the death penalty in the first place.


"We say there should have been a judicial determination to look into their 
intellectual disability before they were sentenced. If we are successful, it 
will create a precedent that would be persuasive and resonate in other 
countries [including Malaysia and Singapore] which also continue to impose 
mandatory death penalties for murder and other offences."


: Pitman's conviction is also being contested on the grounds that it 

[Deathpenalty] death penalty news----ALA., KAN., UTAH, CALIF., USA

2016-05-15 Thread Rick Halperin








May 15




ALABAMA:

With Vernon Madison's execution in limbo, are Christians conflicted over the 
death penalty?



How do we, as Christians, reconcile the death penalty with "Thou shalt not 
kill"?


I may be living in the very worst part of the country to bring this up - or 
maybe, in truth, this is the best place to do it, so what the heck.


Many of us don't even try to reconcile the 2 seemingly diametrically opposing 
forces. We simply site the sixth commandment, and that's pretty much that": 
Thou shalt not kill. Period.


But then something heinous happens. An innocent child is murdered, or an entire 
family. Or a cop. Or any number of crimes that cause us to, well, reveal our 
humanness and want to see the perpetrator PUNISHED.


To some of us, even Christians, that means: They don't deserve to live.

But it's typically pretty easy to simply avoid the conversation altogether. 
Sure, crime dominates the headlines but as the accused perpetrators wind their 
way through the byzantine criminal justice system, the names, faces and 
allegations fade from the headlines and our consciousness.


But then something happens. The state - which is us, really - schedules an 
execution. Years after the crime. Years after the initial trial, after the 
appeals and motions have been exhausted, someone is scheduled to be put to 
death.


And then we have to think...Is this right?

Alabama, of course, is 1 of 31 states executing people right now. Right now, 
we're trying to execute death row inmate Vernon Madison for the slaying 31 
years ago of Mobile police Cpl. Julius Schulte. We (yes, I am saying 'we" for a 
reason) wanted to do so by lethal injection on Thursday night at 6 p.m. at the 
Holman Correctional Facility near Atmore. But a federal appeals court granted a 
stay on Thursday morning, and late Thursday evening the Anthony Scalia-less 
United States Supreme Court, in a 4-4 decision, denied the state's attorney 
general's request to carry forth the killing.


As the events surrounding the killing unfolded yesterday, it caused me to 
re-ponder and ultimately reaffirm my own view on the death penalty: I'm against 
it, period.


Oh, I haven't always been against it, unequivocally. I've been human. I've 
thought some perpetrators of heinous crimes were wasting precious air on this 
Earth. But as I've grown and strived to live more as Christians are asked to 
live - emphasis on strived; Lord knows I'm far from there - I come around to 
believe the sixth commandment says what it says.


There is no asterisk, allowing for killing in some circumstances.

Now, some open their Bibles and cite the Mosiac Law of the Israelites' justice 
system noted in the Old Testament as justification for the death penalty:


But if there is serious injury, you are to take life for life, eye for eye, 
tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, 
bruise for bruise. Exodus 21: 23-25


"We should not be about the business of taking lives." Rev. Van Moody, pastor, 
The Worship Center


I'm no Biblical scholar, not by any means, so I reached out to a minister 
friend for some clarity. She says it is a misuse of that scripture to justify 
the death penalty because it was written before Jesus came along and, in the 
parable of the Unmerciful Servant, charged Peter (and, by extension, all 
Christians) to forgive...and forgive...and forgiveand ...


Then Peter came to Jesus and asked, "Lord, how many times shall I forgive my 
brother or sister who sins against me? Up to 7 times?" Jesus answered, "I tell 
you, not 7 times, but 77 times. Matthew 18: 21-22 (NIV)


"We should not be participating in [the death penalty] because we are supposed 
to turning other cheek," the minister says. "Yes, the [perpetrator] should be 
jailed, pay their debt back to society or somehow make amends. But we are 
supposed to forgive 7 times 77 times a day - 7 means completion, so it means 
absolute forgiveness."


Rev. Van Moody, pastor of The Worship Center, says it is frustrating that many 
Christians, especially in these divisive times, are selective when it comes to 
how their faith shapes their views on society's hot-button issues, such as 
abortion and the death penalty.


"What breaks my heart about the Christian position on issues is that we pick 
and choose how to apply our faith," he told me. "Gandhi said he likes Christ 
but not Christians because so they're so unlike Christ. We're selective on 
which scriptures we want to follow and which we want to ignore.


"Regarding the death penalty, the biggest issue some Christians grapple with is 
that God loves all people, even those who commit mass atrocities."


He cites 3 pertinent scriptures:

Then one of them, which was a lawyer, asked him a question, tempting him, and 
saying, Master, which is the great commandment in the law? Jesus said unto him, 
Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and 
with all thy mind. This is the