[Deathpenalty] death penalty news----worldwide----INDIA, MALAY., PAKIS., JAP., LEBAN., IRAN
October 13 INDIA: Allahabad HC upholds death sentence of man convicted for rape, murder of minor girl The Allahabad High Court on Friday upheld the death penalty awarded to a 31-year-old man convicted of raping and murdering a minor girl. Considering the aggravating and mitigating circumstances of the case, imposition of the extreme penalty of death sentence on Putai is fully justified, the court said. The court also upheld the life imprisonment awarded to co-accused Dileep, who was convicted for the same offences. The two had filed separate appeals challenging a 2014 sessions court order. The appeals were dismissed by the Lucknow bench of Justice R R Awasthi and Justice Mahendra Dayal. "The manner in which the crime has been committed reflects the mental condition of the appellants..In order to satisfy their lust, (they) committed rape on a minor girl and thereafter killed her and also tried to conceal the evidence by throwing her body in a nearby field...," the bench said. "The injuries found on the body of the deceased girl also reflect the manner in which she was subjected to rape and one can imagine as to how much pain she must have suffered during the commission of crime by the appellants," it added. Government advocate Vimal Srivastava contended that the additional sessions judge of Lucknow had rightly convicted and sentenced the appellants in 2014 on the basis of circumstantial evidence which clearly proved that the 2, who were neighbours, had not only raped a minor child but also strangled her after beating her black and blue. He stressed that the appellants did not deserve any leniency. According to the FIR lodged by the victim's father, the girl (12) went out on the evening of September 4, 2012, to relieve herself but did not return. Her father and others launched a search but in vain. The girl's disrobed body was found in a field the next day, following which her father lodged an FIR against unknown persons. Blood stains were also found near the body. Suspicious conduct of Putai and Dileep and evidence found during the investigation helped nail them. (source: Press Trust of India) MALAYSIA: Let judges decide on death sentence, say legal eagles Legal experts have proposed that judges be given the discretion to impose the death penalty on accused persons who commit violent crimes. They cautioned against a blanket removal of the capital punishment, saying it would send the wrong message to would-be offenders that their lives would be spared even if they are found guilty. Retired Federal Court judge Gopal Sri Ram said public interest might demand the retention of the death penalty in cases such as the rape or murder of children. "The circumstances surrounding the crime may be so gruesome that it requires the offender be put to death," he told FMT. Instead of scrapping the death penalty for all offences, he suggested that the courts be given the discretion to impose either a prison term or the death sentence. He said this had been the practice prior to 1983, when judges were given the option to impose a custodial sentence or order the hanging of convicted persons in drug trafficking cases. He was responding to the announcement by de facto law minister Liew Vui Keong that amendments to abolish the death penalty would be tabled in the coming Parliament sitting. The mandatory death sentence is currently imposed for drug trafficking, kidnapping, possession of firearms and waging war against the king. Lawyer A Srimurugan suggested that Malaysia emulate India, where courts are allowed to decide whether to take the life of a convicted person. "This is also known as the rarest of rare case tests, as pronounced by their Supreme Court in two cases," he said. In India, he said, life imprisonment was the norm while the death sentence was the exception. In Malaysia, he added, once the prosecution proves the crime of murder or trafficking, the court has no choice but to impose the capital punishment. "A jail term is allowed only if the trial court orders the accused to enter defence on a reduced charge, or the prosecution amends the charge to culpable homicide not amounting to murder or possession of drugs." He said the government’s decision to abolish the death penalty was a knee-jerk reaction to please the public, as pledged in Pakatan Harapan's election manifesto. He urged for a detailed study to be carried out on the implications of a blanket ban on the death penalty. Srimurugan also suggested that those charged with trafficking who were proven to be mere carriers be exempted from the death sentence. "But kingpins and drug manufacturers should not be spared as they are responsible for untold suffering for the nation and its citizens," he said. Muhammad Rafique Rashid Ali agreed that discretion should be given to judges as they were the triers of facts and law. "Judges are trained in
[Deathpenalty] death penalty news----worldwide
October 13 BOTSWANA: Botswana using fellow prisoners as hangmen for death row inmates - Official Botswana is allegedly using fellow prisoners to carry out executions of death row inmates, APA learned here on Monday.Permanent Secretary in the Ministry of Defence Justice and Security Segakweng Tsiane told the Public Accounts Committee that they decided to use inmates as hangmen after locals failed to respond to an advert that invited them to apply. After failing to get candidates for the position, the government had to turn to the Department of Prisons for assistance. "We turned to the Department of Prisons to capacitate us," Tsiane said. She however could not state the number of death row inmates has Botswana executed since independence from Britain in 1966. According to Tsiane, the inmates who had acted as hangmen are, however, left traumatised by the experience and now demanding that they be provided with counselling. "They are offered counselling before carrying out the executions and after that," she said. The official said the ministry has re-advertised the hangmen position in an attempted to outsource the service to private companies. (source: journalducameroun.com) NIGERIA: Group seeks ends to death penalty A Lagos-based human rights group, Legal Defence & Assistance Project (LEDAP), yesterday urged the federal and state governments to put an end to death penalty in the country. In statement signed by its Senior Legal Officer, Pamela Okoroigwe, to commemorate the 16th World Day against the Use of the Death Penalty with the theme "Living conditions on death row", LEDAP asked government at all levels to put an end to the use of the death penalty. It said that in the meantime,government should "urgently introduce moratorium on sentencing and execution, and improve the conditions of detentions of death row inmates." It recalled how it has "consistently campaigned for the abolition of the death penalty by providing direct free legal assistance to death row inmates, supporting legislative enactment on moratorium, conducting public poll survey on the use of death penalty and the inhumane living conditions of death row inmates. The statement added: "Our findings revealed that death row prisoners are subjected to 2 distinct punishments: the death sentence itself and the prolonged years of living in inhumane conditions that include poor health care, overcrowding, poor feeding and poor medical attention. "Prisoners on death-row live in a state of constant uncertainty over their possible date of execution. For some death-row prisoners, the anxiety results in a sharp deterioration in their mental and emotional well- being. This manifested in the case of Olatunji Olaide, who was exonerated by the Court of Appeal after spending 24 years on death row. Olatunji died shortly after his release from prison due to his terrible ill health and untreated eye condition from prolonged detention. "LEDAP is particularly worried that the appalling prison conditions have serious damaging effects on the mental and physical health of the inmates. These conditions further infringe on their rights, particularly right to human dignity and freedom from torture, cruel, inhuman or degrading treatment. LEDAP believes that the human rights of death row inmates should be protected at all times. The dignity of the human person must be preserved, both within and outside the prison walls." (source: The Nation) GHANA: Ghanaians want death penalty expunged from justice system - Survey A survey conducted by the African Institute for Crime, Policy and Governance Research (AFRICPGR) has revealed that majority of Ghanaians want the death penalty expunged from the criminal justice system. Findings of the survey, which were presented at a workshop at the University of Ghana, Legon, yesterday, showed that of the 2,460 views sampled, 48.3 % of the respondents supported calls for the abolishing of the death penalty while 19.7 % were in favour of its retention. For those who disapproved of the sentencing of persons convicted by the courts to death either by hanging or firing squad, they recommended the replacement of that sentence with other forms of punishment such as life imprisonment. Workshop The survey was led by 2 directors of the AFRICPGR, Dr Kofi E. Boakye and Dr Justice Takebe, and was presented to students of the University of Ghana as part of activities marking the 16th World Day of the Death Penalty, which was on the theme: "Living conditions on death row". The findings were presented by a lecturer at the Institute of Psychology at the University of Ghana, Dr Francis Annor. Death row Taking the participants through conditions in Ghana's prisons, a Deputy General Staff Officer of the Ghana Prisons Services, Chief Superintendent of Prisons Mr Thomas Mahama, said Ghana's prisons were currently holding a total of 170 persons
[Deathpenalty] death penalty news----ARIZ., CALIF., ORE., WASH., US MIL.
October 13 ARIZONA: Aussie mum who could face death penalty fronts court In an orange jumpsuit and shackled in chains, Australian Lisa Cunningham waved and mouthed the words "I love you" to her 21-year-old daughter in the public gallery. Mrs Cunningham 43, was then ushered out of the courtroom, and back to jail in Maricopa County Jail, in Phoenix, Arizona. The mother-of-four is awaiting trial on felony murder and child abuse charges, along with her American husband, former police detective Germayne Cunningham, over the death of seven-year-old Sanaa Cunningham. Sanaa was Germayne's biological daughter, Lisa Cunningham’s step-daughter. The little girl died in February 2017, suffering a head injury, an open wound on her foot and a sepsis infection. The prosecution also alleges Sanaa had injuries to her wrists consistent with being tied up using zip-ties. The alleged crime, committed in Arizona, carries with it the death penalty. The last time a woman was put to death in this state was in 1930; the Maricopa County Attorney believes this case fits the criteria, and the judge agrees. But according to Lisa Cunningham's defence team, the case is not as clear cut as it would seem. Sanaa Cunningham was a troubled child, she was diagnosed with schizophrenia at age 6, and was prescribed anti-psychotic medication. Court documents allege at times, the little girl was restrained with an oversized t-shirt tied behind her back. The defence claims some of Sanaa’s injuries were self-inflicted. Defence Attorney Eric Kessler says the parents repeatedly sought medical help for Sanaa, maintaining they took care of her to the best of their ability. Mr Kessler told the court, shortly before she died, Sanaa was taken to a medical professional, and the parents were not given appropriate advice on how to help their child. A murder trial for Lisa and Germayne Cunningham is still a long way off, perhaps up to 2 years. In the meantime, defence counsel is alleging "prosecutorial misconduct" telling the he court, prosecutors told the grand jury "one side of the coin." "I'm glad that the judge is taking our argument seriously. He's given them great thought and having taken them great thought and having taken the matter under advisement. That means that he is seriously considering remanding this back to the grand jury. Defence Attorney Eric Kessler says the parents repeatedly sought medical help for Sanaa, maintaining they took care of her to the best of their ability. Lawyers for the Cunninghams want the judge to send the case back to the grand jury, which in this state, has the role of determining the charges on the indictment. Defence counsel is claiming a significant discrepancy in the timeline of Sanaa's death, an error of 3 hours, which the grand jury wasn't aware of when they determined Lisa and Germayne Cunningham should be charged with felony murder, a death penalty charge. The 3 hours is significant according to the defence counsel, because it could have proved to the grand jury there was time for the child to receive medical treatment, and that parents didn't take her to hospital "at the last minute." If the judge rules the case should be sent back to the grand jury for re-presentation, jurors have the option of coming back with different charges. Anything less than felony murder and the death penalty comes off the table. (source: 9news.com.au) CALIFORNIA: State court to hear appeal of man convicted in 1998 rape, murder of mother of 3 The California Supreme Court is set next month to hear an automatic appeal filed on behalf of 1 of 3 men on death row for the December 1998 rape and beating death of a mother of 3 attacked while walking to a store in Long Beach. J amelle Armstrong - whose appeal will be heard Nov. 7 in Sacramento - was sentenced to death in 2004 for his involvement in the Dec. 29, 1998, sexual assault, robbery and slaying of Penny Sigler, also known as Penny Keprta. In a 6-1 ruling in May, the state’s highest court upheld the conviction and death sentence of Armstrong's half-brother, Warren Justin Hardy. An automatic appeal is still pending for the 3rd defendant, Kevin Pearson. In a 2012 ruling that cited the trial court's "improper excusal of a prospective juror because of her views on capital punishment,' the California Supreme Court unanimously threw out Pearson's 1st death sentence. The 2nd jury to hear the penalty phase against Pearson recommended in April 2013 that he be sentenced to death, and he was formally sentenced again to death about 2 months later. The 43-year-old woman was walking to a store at about 11 p.m. when she was attacked under an overpass to the 405 Freeway in Long Beach. She suffered 114 injuries, including at least 10 skull fractures that appeared to have been inflicted before her death, according to the California Supreme Court majority's May 31 opinion in Hardy's case.
[Deathpenalty] death penalty news----ALA., TENN., ILL., NEB., OKLA.
October 13 ALABAMAnew death sentence Derrick Dearman sentenced to death for 2016 Citronelle slayings Derrick Dearman, a man who killed 5 people and 1 unborn baby in killing spree in Citronelle, was sentenced to death Friday. Dearman was found guilty during a trail trial and the jury recommended the death penalty. A judge denied Dearmans plea of being 'mentally unfit.' The killings, which took place in Aug. 2016 while Dearman was under the influence of meth. Dearman used an axe and a gun in the murders. The bodies were found in a rural area outside Citronelle. Police said Dearman entered the home in the early hours of the morning and attacked the sleeping residents using an axe and a firearm. (source: WEAR TV news) TENNESSEEimpending execution Stop Imminent Execution in Tennessee (USA: UA 183.18) TENNESSEE MAN AT IMMINENT RISK OF EXECUTION Edmund Zagorski has been on death row in Tennessee for over 30 years after allegedly receiving ineffective counsel. He was scheduled to be executed on 11 October, using a 3-drug lethal injection. After challenges made through litigation, the state Governor issued a 10-day reprieve to allow for preparation of the execution. Write a letter, send an email, call, fax or tweet: * Halt Edmund Zagorski's execution and commute his death sentence. Friendly reminder: If you send an email, please create your own instead of forwarding this one! Contact this official by 21 October, 2018: Governor Bill Haslam 600 Charlotte Avenue First Floor Nashville, Tennessee 37243 United States of America Telephone: +1 615-741-2001 Twitter: @BillHaslam Facebook: @TeamHaslam Salutation: Dear Governor (source: Amnesty International USA) ILLINOIS: My voice was heard from death row Stanley Howard was sentenced to Illinois' death row in 1987 based on a confession tortured from him by Chicago Police Commander Jon Burge's underlings. Held in an interrogation room for over 40 hours, Stanley was repeatedly punched and kicked, and had a typewriter bag put over his head to suffocate him. In prison, Stanley, along with other police torture victims, formed the Death Row 10 and reached out to the Campaign to End the Death Penalty (CEDP) for help. The CEDP agreed, and a deep bond developed as they worked together, from the inside and the outside, to try to win justice for these prisoners. CEDP members and other activists organized press conferences, protests and rallies, and Live from Death Row forums, where prisoners would speak to an audience via speakerphone. Stanley called in to many of these forums, and he was a columnist for the CEDP’s New Abolitionist newsletter. As a result of the determined work of prisoners themselves, activists on the outside, lawyers and journalists, the death penalty in Illinois was exposed for its racism, unfairness and shocking errors. In 2003, Stanley was pardoned of the charge that landed him on death row by then-Gov. George Ryan as he commuted all death sentences. Unfortunately, Stanley remains in prison on another charge but hopes to be released soon. He has just finished a book called Tortured by Blue that is on its way to the printer. Marlene Martin, the former national director of the CEDP, interviewed Stanley about the years working in the CEDP and what lessons and reflections might be important today. IN the 2 decades that the Campaign to End the Death Penalty (CEDP) existed, what stood out to you as its accomplishments? The CEDP was established when executions in America were at a high point since the death penalty was reintroduced. It was also when politicians were fighting with each other trying to prove who among them was tougher on crime. This fight led to the elimination of many safeguards and protections so that it would be easier to convict and quicker to execute. Through its organizing skills and activism, the CEDP was able to help change the landscape of the criminal justice system, taking it from the unjust tough-on-crime era to a path where even the staunchest Republicans are calling for reforms. The CEDP was part of the push that forced Illinois Gov. George Ryan to openly admit that the death penalty was "broken" and filled with errors. His admission led to the first moratorium on capital punishment, the clearing out of Illinois’ death row and the eventual abolition of the death penalty in the state. In what ways was the CEDP different from other groups you encountered in organizing against the death penalty? I began working with the CEDP in 1998 when its national director, Marlene Martin, responded to one of the many letters I sent out from my cell on death row. I was seeking assistance on a new idea I had to form what we called "the Death Row 10" - a group of prisoners on death row who had all been convicted after being tortured by Chicago police under the command of Jon Burge. She agreed to help us in any way she
