My postings to this listserve will resume on March 19
***
March 9
JAPAN:
Man convicted of killing 2 in Osaka has death sentence reduced to life in
prison
The Osaka High Court commuted a death sentence for a man convicted of
indiscriminately murdering a man and a woman here in 2012 to a life prison term
in a ruling on March 9.
"Considering that the crime was not carefully premeditated, it cannot be said
the death penalty is unavoidable," Presiding Judge Hiroyuki Nakagawa said,
while recognizing that the accused was mentally competent to be held
responsible for his actions.
The Osaka District Court had sentenced the defendant -- Kyozo Isohi, 41 -- to
death in a lay judge trial, as demanded by prosecutors.
The defense counsel, which had appealed the lower court ruling to the high
court, told the court that their client heard a voice saying "Stab" due to
auditory hallucinations caused by the aftereffects of his use of stimulants in
the past, and pointed to the possibility that he was of diminished capacity.
Therefore, the degree of his capacity to take responsibility for his actions
and sentencing were key points of contention in the case.
In its ruling, the high court deemed that the outcome of a psychiatric test on
Isohi, which concluded that the effects of his auditory hallucination were
limited, was rational, and recognized that he was competent to be held
responsible for the crimes he is accused of committing.
"His auditory hallucinations only contributed to the defendant's decision and
action to carry out the crimes," the presiding judge said.
Nakagawa then discussed whether the death sentence handed down by the lower
court was appropriate.
Pointing out that Isohi bought a knife he used in his attacks shortly before
the incidents, the presiding judge determined "it cannot be recognized that the
accused had carefully premeditated the crimes."
Nakagawa noted that in all the past cases of fatal indiscriminate attacks in
which the defendants were sentenced to death, courts recognized that the crimes
were carefully premeditated. The judge then pointed out that because of this it
is difficult to hand down a ruling that deviates from the judicial precedent.
Furthermore, Nakagawa said it was necessary to take into account the
defendant's auditory hallucinations, which he said may have had certain effects
on his actions, in sentencing.
The presiding judge then concluded that he has "no choice but to hesitate to
choose the death penalty for the defendant even though the bereaved families of
the victims requested a harsh penalty for the accused."
According to the ruling, Isohi stabbed Shingo Minamino, 42, a producer at an
event organizing company, and Toshi Sasaki, 66, a restaurant operator, on a
street in the Higashishinsaibashi district of Chuo Ward, Osaka, on June 10,
2012.
(source: mainichi.jp)
IRANexecutions
5 prisoners hanged in Iran
Official and unofficial sources have reported on the executions of 5 prisoners
in various Iranian prisons. The executions were carried out between Saturday
and Sunday.
3 prisoners hanged at Ghezelhesar Priso--Alborz Province, northern Iran
According to close sources, on the morning of Saturday March 4, a prisoner was
hanged at Hamedan Central Prison on murder charges. The prisoner has been
identified as Bahman Faridi, 35 years of age.
There are currently 22 prisoners in Hamedan Central Prison who are in imminent
danger of execution after their death sentences were confirmed. 9 of these
prisoner are in danger of execution for murder charges, the rest of the
prisoners are sentenced to death on drug related charges.
A prisoner hanged at Hamedan Central Prison--Hamadan province, western Iran
According to the human rights news agency, HRANA, 3 prisoners were executed at
Ghezelhesar Prison on drug related charges. The executions were reportedly
carried out on Sunday March 5. Sources close to Iran Human Rights have also
confirmed these 3 executions. The prisoners have been identified as Isa
Charami, Mostafa Ghorbani, and Mehdi Jafari.
A prisoner was hanged in public in Buin Zahra count--Qazvin province, northern
Iran
The Iranian state-run news agency, Mehr, has reported on the execution of a
prisoner in public on Sunday March 5 in Buin Zahra (Qazvin province, northern
Iran). The prisoner was reportedly on death row on murder charges. The report
confirmed the execution by quoting the press department of the Qazvin
Judiciary. According to the report, the execution was carried out in front of a
crowd of people.
4 Prisoners Executed
2 prisoners were hanged at Garmsar Prison (Semnan province, northern Iran) on
drug related charges and 2 prisoners were hanged at Urmia's central prison
(West Azerbaijan province, northwestern Iran) on murder charges.
According to the human rights news agency, HRANA, the 2 prisoners at Garmsar
were
