[Deathpenalty] death penalty news----worldwide

2016-05-26 Thread Rick Halperin




May 26


SUDAN:

Sudan pastor faces death penalty


A Christian human rights group is concerned that a Sudanese pastor could soon 
be facing the death penalty.


In December of last year, the African country of Sudan began a crackdown of 
church leaders and pastors which included several arrests. While 1 pastor was 
recently released, another pastor, Hassan Abduraheem Taour, remains jailed.


Troy Augustine, regional manager for Africa for International Christian 
Concern, says the pastor has been transferred to the attorney general's office.


"Which means that charges should be coming soon," Augustine explains. "But the 
charges that are likely to come down on Mr. Taour, 3 of which carry the 
possibility of the death penalty."


Augustine says they are working on the pastor's behalf.

"We're working on different advocacy efforts to bring this issue to the fore 
and say that this pastor's incarceration is unjust, and for him to face charges 
that seem to be trumped up is unjust," he says.


Augustine says they do have some hope though because in past similar 
situations, Sudan has responded positively to international pressure.


(source: onenewsnow.com)






INDONESIA:

Drug lord Freddy tries to avoid death


Amid the government's preparations for the next round of executions, convicted 
drug kingpin Freddy Budiman has filed a case review to overturn his death 
sentence.


On Wednesday, he and his team of lawyers attended a hearing for the case review 
at the Cilacap District Court in Central Java, amid reports he is one of the 
death-row convicts soon to be executed on Nusakambangan Island.


His lawyer Untung Sunaryo told the panel of judges, presided over by Catur 
Prasetyo, that his client should not have been sentenced to death because none 
of Freddy's accomplices, who were involved in the smuggling of 1.4 million 
ecstasy pills from China in 2011, was given the death penalty.


"Why was Freddy Budiman then sentenced to death while the others were not? This 
is the substance of the objection we've raised in this case review hearing. We 
demand our client not be put to death," said Untung at Cilacap District Court.


Freddy's case review hearing was tightly secured by around 150 police personnel 
from the Cilacap Regency Police. Police escorted Freddy from the ferry crossing 
from Nusakambangan Island to the Cilacap District Court, a distance of around 4 
kilometers. Freddy wore a long white robe with black cap.


"We hope the Supreme Court will hear our case for a review as far as possible 
because the judges stated our client's offense was the same as his accomplices 
during a previous appeal hearing," said Untung.


The central government has remained silent on the upcoming executions despite 
apparent preparations on the island, in a move many see as trying to avoid 
animosity among the international community.


Central Java Police revealed that 10 foreign nationals and five Indonesians 
were already on the list, but the Attorney General???s Office ( AGO ) has 
denied this, with Attorney General Muhammad Prasetyo saying that his office had 
yet to decide when and who would be included in the next batch of executions.


Freddy has avoided execution at least twice as his lawyer team had kept 
postponing a plan to file for a case review.


Prasetyo said he expected Freddy would be included in the next round of 
executions, but he was still waiting for the convict to decide on whether to 
exercise his legal right to challenge the death sentence.


The hearing at Cilacap court was heard by 3 local judges--Catur and Vilia Sari 
and Cokia Ana Pontia, while the prosecutors were from the West Jakarta 
Prosecutor's Office.


The case review appeal was read by Freddy's legal advisors. The hearing 
commenced at around 10:30 a.m. local time and ended at 12 p.m..


Freddy's case review should have been heard in early May at the West Jakarta 
District Court. However, as Freddy had been transferred to Nusakambangan, his 
legal team requested the case review hearing be held in Cilacap and this was 
granted.


"As he's been transferred to the Pasir Putih prison, Freddy's legal team 
proposed the hearing be moved and it was finally approved to be held at the 
Cilacap District Court," West Jakarta prosecutor Reda Manthovani told 
journalists.


He said that although the hearing was at the Cilacap District Court, 
prosecutors convened the session from the West Jakarta Prosecutor's Office.


Freddy was arrested on April 28, 2011, by the Jakarta Police's narcotics 
division for smuggling 1.4 million ecstasy pills from China. Freddy was 
sentenced to death by the West Jakarta District Court five months after his 
arrest.


From November 2012 until July 2013, he was confined at the Cipinang Narcotics 
Prison in East Jakarta. Although he was sentenced to death, Freddy did not give 
up drug dealing, as he carried on his activities from within his prison cell, 
he was therefore transferred to Batu Prison on Nusakamba

[Deathpenalty] death penalty news----CONN., PENN., N.C., FLA., LA., CALIF.

2016-05-26 Thread Rick Halperin





May 26



CONNECTICUT:

Connecticut Supreme Court upholds decision banning death penalty for remaining 
death-row inmates



The Connecticut Supreme Court on Thursday again said that it would be 
unconstitutional to execute inmates on the state's death row, upholding a 
decision from the same court last year effectively banning the death penalty in 
the state.


In a decision in August, the state's justices ruled that Connecticut could not 
execute death-row inmates for crimes committed before the state largely 
abolished capital punishment. Under a law signed in 2012, Connecticut agreed to 
abandon the death penalty going forward, while also retaining it as an option 
for crimes committed before that bill became law.


After an inmate named Eduardo Santiago - convicted of murdering someone in 2000 
- challenged his death sentence, a divided Connecticut Supreme Court said last 
year that he could not be executed because the 2012 law "creates an 
impermissible and arbitrary distinction" between crimes committed before and 
after that measure went into effect. (Santiago was re-sentenced to life in 
prison without parole in December.)


The state's high court upheld its earlier ruling in a 5-to-2 decision handed 
down Thursday in a case focusing on Russell Peeler, a man sentenced to death 
for his role in the 1999 killings of a woman and her 8-year-old son.


The justices ruled that Peeler must instead be sentenced to life in prison 
without the possibility of parole, because his earlier sentence "must be 
vacated as unconstitutional in light of" last year's decision. 3 justices wrote 
concurring opinions, while 2 authored dissents, 1 of which said the ruling last 
year "inflicted [damage] on the rule of law" that "must be repaired."


Gov. Dannel P. Malloy (D), who signed the 2012 law abolishing the death 
penalty, reiterated his opposition to capital punishment on Thursday and 
focused on how the new ruling will keep the death-row inmates from ever seeking 
parole.


"Today's decision reaffirms what the court has already said: those currently 
serving on death row will serve the rest of their life in prison with no 
possibility of ever obtaining freedom," he said in a statement. He added: "Our 
focus today should not be on those currently sitting on death row, but with 
their victims and those surviving family members. My thoughts and prayers are 
with them on this difficult day."


According to the state Department of Corrections, Connecticut has 11 inmates on 
death row. The only state in New England that still has capital punishment on 
the books is New Hampshire, where legislators recently came within one vote of 
abolishing it.


Since 2007, 7 states have formally abandoned the death penalty. However, they 
have not agreed on what to do with the people on death row once this takes 
effect. In some cases, such as New Jersey and Illinois, death sentences were 
commuted to life sentences without parole. This is what Nebraska's bill 
abolishing the death penalty also would do; while lawmakers there voted to get 
rid of capital punishment last year, that law remains on hold until voters 
decide in November.


In other cases, though, inmates have remained on death row and the effect on 
their sentences has been uncertain after their states abandoned the death 
penalty. Like Connecticut, Maryland - the last of the states to formally outlaw 
the death penalty - abolished the practice while exempting those already on 
death row. Before he left office, former governor Martin O'Malley (D) commuted 
the sentences of the remaining inmates to life terms.


Connecticut has executed only 1 inmate since the U.S. Supreme Court reinstated 
the death penalty in 1976. The state considered abolishing the death penalty in 
2009, but Malloy's predecessor, M. Jodi Rell, vetoed a bill that year that 
would have eliminated the practice.


Her decision came as the state was reeling after a horrifying home invasion 
there 2 years earlier. 2 men broke into a family's home before sexually 
assaulting a woman, Jennifer Hawke-Petit, and her 11-year-old daughter, 
Michaela. The 2 men also beat the girl's father, William, before killing 
Jennifer, Michaela and the couple's 17-year-old daughter, Hayley. Both men 
accused in the case - Joshua Komisarjevsky and Steven Hayes - were convicted, 
found guilty and sentenced to death. This crime was cited as the reason 
lawmakers compromised in 2012, getting rid of the death penalty while keeping 
it in place for people, like those 2 men, who had committed crimes beforehand.


(source: Washington Post)

***

Peeler escapes death penalty


The Connecticut Supreme Court has upheld its landmark ruling declaring the 
state's death penalty unconstitutional and abolishing capital punishment.


The court released its 5-2 decision Thursday in the appeal of Russell Peeler 
Jr., who had been on death row for ordering the 1999 killings of a woman and 
her 8-year-old son in Bridgeport. The boy,

[Deathpenalty] death penalty news----worldwide

2016-05-26 Thread Rick Halperin






may 26



IRANexecutions

2 Prisoners Hanged in Southern Iran


2 prisoners were reportedly hanged in Shiraz (Fars province, southern Iran) on 
Tuesday May 24.


According to the human rights news agency, HRANA, one of the prisoners, 
identified as "Hadi Shekasteh", was hanged at Adel Abad Prisoner on drug 
charges. According to the Baloch Activists Campaign, the other prisoner's name 
is "Moslem Mahmoud Zehi Khash". It is not known at this time what charge Mr. 
Zehi Khash was sentenced to death for and whether he was executed in a prison 
or in public. Iranian official sources, including Iranian state run media and 
the Judiciary, have been silent on these 2 executions.


Iranian authorities have ramped up the number of executions in the lead up to 
Ramadan.


(source: Iran Human Rights)






PAKISTAN:

Verdict: PHC stays execution of militant


A division bench of the Peshawar High Court suspended the execution of a 
militant who was awarded death sentence by a military court and sought record 
of his trial. The bench, comprising PHC Chief Justice Mazhar Alam Khan Miankhel 
and Justice Ikramullah Khan, heard a writ petition on Wednesday. The petition 
was filed by Alam Khan through his counsel Barrister Amirullah Chamkani. 
Chamkani said the petitioner's brother Muhammad Umar, a resident of Battagram, 
was arrested by intelligence agencies on August 10, 2014 from Mansehra. The 
counsel said little was known about his whereabouts since then. However, his 
family came to know on May 3, 2016 that he was awarded the death penalty by a 
military court and his execution was approved by chief of army staff. He said 
the convict was sentenced to death on charges of having affiliation with 
militant organisations, carrying out attacks on security forces and keeping 
explosives.


(source: The Express Tribune)






VIETNAM:

Australian woman caught with 3 kilos of heroin at Vietnam airport


Police and customs officers at Tan Son Nhat Airport on Thursday arrested an 
Australian national for attempting to smuggle around three kilograms of heroin 
to Australia.


The 76-year-old woman hid the drug in 5 jars of fermented fish paste among 
other items in her luggage.


She said she owed gambling money to some people in Australia and they forced 
her to smuggle the drug over to clear the debt. The heroin is estimated to have 
a street value of around US$720,000.


Vietnam has some of the world's toughest drug laws. The production or sale of 
100 grams of heroin or 300 grams of other illegal narcotics is punishable by 
death.


Those convicted of possessing or smuggling more than 600 grams of heroin or 
more than 2.5 kilograms of methamphetamine also face the death penalty.


(source: Thanh Nien News)



SINGAPORE:

MHA: Sole purpose of the applications by Kho's counsels was to try and delay 
his execution



Ministry of Home Affairs (MHA) issued a media statement on 26 May 2016 stating 
that there had been several inaccurate points made in relation to the legal 
process in the case of Kho Jabing, a Malaysian national who has been executed 
on 20 May 2016. It went on to state that sole purpose of the applications by 
Kho's counsels was to try and delay his execution.


MHA noted that Kho had been represented by counsel throughout the whole process 
and was given every opportunity to file appeals and apply for re-sentencing and 
petition the President for clemency.


After amendments were made in 2012 on the laws on the death penalty in 
Singapore, Kho was re-sentenced to life imprisonment and 24 strokes of the cane 
after an appeal to the High Court.


The prosecution, however, appealed the re-sentencing and the case was brought 
to the Court of Appeal. The Court of Appeal then proceeded to overturn the 
previous ruling and reversed the sentence back to death sentence in 2013.


In 2015, the court rejected his application for clemency.

On 23 November 2015, Kho was granted a temporary reprieve pending the outcome 
of a petition filed by his lawyers, which raised questions of fact and law.


MHA said that the above process by Kho's counsels was a pattern which was to be 
repeated more than once subsequently.


On 6 April this year, the Court of Appeal lifted the temporary reprieve after 
dismissing the appeal and upheld its decision to impose the death penalty on 
Kho Jabing, saying that it observed that there were in reality no new 
arguments.


On 19 May, Lawyer, Gino Hardial Singh filed a criminal motion citing grounds of 
apparent bias on the part of Judge of Appeal Andrew Phang, who had sat on both 
Jabing's appeals. He argued Justice Andrew Phang's involvement in the 2013 
appeal essentially involved the judge deliberating over an appeal against his 
own decision - the one made in 2010.


However, this criminal motion was dismissed by the Court of Appeal.

On that same day, an originating summons was filed by lawyer, Ms Jeannette 
Chong-Aruldoss. She challenged the constitutionality of certain aspects o

[Deathpenalty] death penalty news----TEXAS, CONN., VA., GA., FLA., NEB., CALIF., USA

2016-05-26 Thread Rick Halperin





May 26



TEXAS:

Stop the execution of Jeff Wood in TX!


Please sign and share this petition for Jeff Wood. TX has set his execution for 
August 24th - despite the fact that he killed no one. Jeff's sister sits on the 
CEDP's board and is a fierce advocate against the death penalty.


https://www.change.org/p/governor-abbott-and-the-texas-board-of-pardons-and-parole-demand-justice-for-jeff-wood-5807b015-014a-4a21-8c6ee34be865c27c

Jeff was sentenced under the Law of Parties - which allows the death penalty 
for those who aid in felony murder. Even if a person did not harm anyone, they 
can still get the death penalty if they were involved in a crime where someone 
else killed a person, because they should have "anticipated that a human life 
would be taken."


For more information:http://savejeffwood.com

https://www.facebook.com/LawofParties/?fref=ts

https://www.facebook.com/AustinCEDP/?fref=ts

(source: CEDP)






CONNECTICUT:

State Supreme Court Ruling On Abolishment Of Death Penalty Expected Thursday


The Connecticut Supreme Court is expected to release its ruling Thursday on 
whether to uphold or overturn its decision last year to abolish the state's 
death penalty, including for inmates on death row.


The justices ruled 4-3 last August that the death penalty was unconstitutional 
for all - including 11 convicts on Connecticut's death row - following the 
legislature's abolition 3 years ago of capital punishment in Connecticut. 
Lawmakers made the law prospective, meaning it applied only to new cases and 
kept in place the death sentences already imposed on those facing execution 
before the bill was passed.


Attorneys for those on death row challenged the law, saying it violated the 
condemned inmates' constitutional rights. The ruling last August came in the 
case of Eduardo Santiago, who had faced the death penalty for the December 2000 
killing of Joseph Niwinski in West Hartford. Santiago has been resentenced to 
life in prison without the possibility of release.


In the August ruling, the justices in the majority wrote that executing an 
inmate "would violate the state constitutional prohibition against cruel and 
unusual punishment" and that the death penalty "no longer comports with 
contemporary standards of decency."


In October, the high court denied a request by the chief state's attorney to 
postpone the Santiago decision, a ruling that followed its denial of a request 
by prosecutors to re-argue Santiago.


Prosecutors then filed briefs arguing for the Santiago decision to be overruled 
in the pending appeal of Russell Peeler, who was sentenced to death for 
ordering the 1999 killings in Bridgeport of 8-year-old Leroy "B.J." Brown Jr. 
and his mother, Karen Clarke. The justices heard arguments on those briefs in 
January.


Prosecutors said in deciding the Santiago case, the court "did not confine its 
analysis" to the actual claim raised -- whether enacting the 2012 law 
invalidated the death sentences of those sentenced before the law went into 
effect. The court made its ruling, prosecutors said, "for reasons having little 
or nothing to do with" enactment of the 2012 law and "erred in its ruling on 
lines of analysis and authorities the parties had not discussed."


Prosecutors also argued that the justices relied on "flawed historical 
analysis" to justify their "departure from well-established principles of law" 
and incorrectly determined that state residents prior to the 1818 constitution 
gave the high court the authority to act independently to invalidate a penalty.


Prosecutors said the justices' "new insights" into Connecticut history came 
from Lawrence B. Goodheart's book "The Solemn Sentence of Death: Capital 
Punishment in Connecticut," which actually says, according to prosecutors, that 
the legislature, not the court, "has been the historical source for both 
limiting capital punishment and providing relief to those sentenced to death."


Chief Justice Chase T. Rogers, who joined with Justice Carmen E. Espinosa and 
Justice Peter T. Zarella in the August dissents, wrote then that "every step" 
of the majority's opinion was "fundamentally flawed." During the arguments last 
January, both the majority and minority raised concerns about the idea of a 
reversal following the retirement of Justice Flemming Norcott Jr., who had 
joined with justices Richard N. Palmer, Dennis G. Eveleigh and Andrew J. 
McDonald to ban capital punishment. Norcott was replaced by Justice Richard A. 
Robinson.


"Why shouldn't the court be concerned that every time there's a hotly contested 
4-3 decision ... that this isn't just going to become a numbers game, that the 
parties will then wait until somebody retires or leaves the court and raise the 
issue again?" Rogers said. "It just seems like a very slippery slope."


"At a minimum," Palmer said, "it looks awfully odd to have a case of this 
magnitude decided differently within months simply because the panel changes. 
That's r