[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Thu Oct 23 14:58:52 CDT 2014





Oct. 23


GLOBAL:

Pope: no to death penalty and to inhuman prison conditions


Pope Francis on Thursday called on all men and women of good will to fight for 
the abolishment of the death penalty in "all of its forms" and for the 
improvement of prison conditions.

The Pope was addressing a group of members of the International Association of 
Criminal Law whom he received in the Vatican.

In his discourse the Pope also addressed the need to combat the phenomena of 
human trafficking and of corruption.

And he stressed that the fact that the enforcement of legal penalties must 
always respect human dignity.

In a dense and impassioned discourse to the Jurists assembled in the Vatican 
for a private audience, Pope Francis said that the "life sentence" is really a 
"concealed death sentence", and that is why - he explained - he had it annulled 
in the Vatican Penal Code.

Many of the off-the-cuff comments during the Pope's speech shone the light on 
how politics and media all too often act as triggers enflaming "violence and 
private and public acts of vengeance" that are always in search of a 
scape-goat.

Recalling the words of Saint John Paul II who condemned the death penalty as 
does the Catechism, Francis decried the practice and denounced "so-called 
extrajudicial or extralegal executions" calling them "deliberate homicides" 
committed by public officials behind the screen of the Law:

"All Christians and people of goodwill are called today to fight not only for 
the abolition of the death penalty be it legal or illegal, in all of its forms, 
but also for the improvement of prison conditions in the respect of the human 
dignity of those who have been deprived of freedom. I link this to the death 
sentence. In the Penal Code of the Vatican, the sanction of life sentence is no 
more. A life sentence is a death sentence which is concealed".

And Pope Francis had words of harsh criticism for all forms of criminality 
which undermine human dignity, there are forms of his - he said - even within 
the criminal law system which too often does not respect that dignity when 
criminal law is applied.

"In the last decades" - the Pope said - "there has been a growing conviction 
that through public punishment it is possible to solve different and disparate 
social problems, as if for different diseases one could prescribe the same 
medicine."

He said this conviction has pushed the criminal law system beyond its 
sanctioning boundaries, and into the "realm of freedom and the rights of 
persons" without real effectiveness.

"There is the risk of losing sight of the proportionality of penalties that 
historically reflect the scale of values upheld by the State. The very 
conception of criminal law and the enforcement of sanctions as an 'ultima 
ratio' in the cases of serious offenses against individual and collective 
interests have weakened. As has the debate regarding the use of alternative 
penal sanctions to be used instead of imprisonment".

Pope Francis speaks of remand or detention of a suspect as a "contemporary form 
of illicit hidden punishment" concealed by a "patina of legality", as it 
enforces "an anticipation of punishment" upon a suspect who has not been 
convicted. From this - the Pope points out - derives the risk of multiplying 
the number of detainees still awaiting trial, who are thus convicted without 
benefiting from the protective rules of a trial. In some countries - he says - 
this happens in some 50% of all cases with the trickledown effect of terribly 
overcrowded detention centers:

"The deplorable conditions of detention that take place in different parts of 
the world are an authentic inhuman and degrading trait, often caused by 
deficiencies of criminal law, or by a lack of infrastructures and good 
planning. In many cases they are the result of an arbitrary and merciless 
exercise of power over persons who have been deprived of freedom."

Pope Francis also speaks of what he calls "cruel, inhuman and degrading 
punishments and sanctions," and compares detention in maximum-security prisons 
to a "form of torture". The isolation imposed in these places - he says - 
causes "mental and physical" suffering that result in an "increased tendency 
towards suicide". Torture - the Pope points out - is used not only as a means 
to obtain "confession or information":

"It is an authentic 'surplus' of pain that is added to the woes of detention. 
In this way torture is used not only in illegal centers of detention or in 
modern concentration camps, but also in prisons, in rehabilitation centers for 
minors, in psychiatric hospitals, in police stations and in other institutions 
for detention or punishment".

And Pope Francis said children must be spared the harshness of imprisonment - 
as must, at least in a limited way - older people, sick people, pregnant women, 
disabled people as well as parents if they are the sole guardians of minors or 
persons with disabilities.

The Pope also highlighted one of the criminal phenomena he has always spoken 
out against vehemently: human trafficking which - he says - is the result of 
that "cycle of dire poverty" that traps "a billion people" and forces at least 
45 million to flee from conflict:

"Based on the fact that it is impossible to commit such a complex crime as is 
the trafficking of persons without the complicity, be it active or of omission 
of action of the State, it is evident that, when the efforts to prevent and 
combat this phenomenon are not sufficient, we find ourselves before a crime 
against humanity. This is even truer if those who are responsible for the 
protection of persons and the safeguard of their freedom become an accomplice 
of those who trade in human beings; in those cases the State is responsible 
before its citizens and before the international community".

Pope Francis dedicates an ample part of his discourse to corruption. The 
corrupt person - according to the Pope - is a person who takes the "short-cuts 
of opportunism" that lead him to think of himself as a "winner" who insults and 
persecutes whoever contradicts him. "Corruption" - the Pope says "is a greater 
evil than sin", and more than "be forgiven, must be cured".

"The criminal sanction is selective. It is like a net that captures only the 
small fish leaving the big fish to swim free in the ocean. The forms of 
corruption that must be persecuted with greatest severity are those that cause 
grave social damage, both in economic and social questions - for example grave 
fraud against public administration or the dishonest use of administration".

Concluding, Pope Francis exhorted the jurists to use the criteria of 
"cautiousness" in the enforcement of criminal sanctions. This - he affirmed - 
must be the principle that upholds criminal law:

"The respect for human dignity must operate not only to limit the arbitrariness 
and the excesses of State officials, but as a criteria of orientation for the 
persecution and the repression of those behaviors that represent grave attacks 
against the dignity and the integrity of the human person".

(source: Vatican Radio)

*******************

Pope Francis blasts life sentences as 'hidden death penalty'----Pontiff slates 
countries facilitating torture and says using prisons to fix social problems is 
like treating all diseases with 1 drug


Pope Francis has branded life-long prison terms "a hidden death sentence" in an 
attack on "penal populism" that included severe criticism of countries that 
facilitate torture.

In a wide-ranging speech to a delegation from the International Association of 
Penal Law, the pontiff said believers should oppose life-long incarceration as 
strongly as the use of capital punishment.

"All Christians and men of good faith are therefore called upon today to fight, 
not only for the abolition of the death penalty - whether it is legal or 
illegal and in all its forms - but also to improve the conditions of 
incarceration to ensure that the human dignity of those deprived of their 
freedom is respected.

"And this, for me, is linked to life sentences. For a short time now, these no 
longer exist in the Vatican penal code. A sentence of life (without parole) is 
a hidden death penalty."

In comments likely to enhance his reputation as one of the most liberal of 
popes, Francis went on to slam the risk of sentencing becoming 
disproportionately severe.

"In recent decades a belief has spread that through public punishment the most 
diverse social problems can be resolved, as if different diseases could all be 
cured by the same medicine."

Reiterating Catholic teaching that capital punishment is a sin, the pope also 
made what appeared to be a thinly veiled attack on the European countries which 
have facilitated US demands for extraordinary rendition of terror suspects to 
detention centres in parts of the world where they can be tortured with 
impunity.

"These abuses will only stop if the international community firmly commits to 
recognising ... the principle of placing human dignity above all else."

(source: The Guardian)

**************************

Pope Francis Defends Prisoners' Rights, Calls For Abolition Of Death Penalty


Pope Francis is speaking up for some of the most outcast members of society - 
the prisoners.

The pontiff issued a call for the abolition of the death penalty on Thursday, 
harshly criticizing prison systems around the world for overstepping 
boundaries, mistreating inmates, and failing to recognize the sanctity of human 
life.

"All Christians and men of good will are called today to fight not just for the 
abolition of the death penalty in all its forms, whether it be legal or 
illegal, but also the goal of improving prison conditions, out of respect of 
the human dignity of people deprived of their freedom," the pope said during a 
meeting with the International Association of Penal Law.

Francis added that locking people up for life amounts to a "hidden death 
penalty," noting that Vatican City has removed the life sentence from its 
criminal code, ANSA reports.

The pontiff also lashed out against the use of torture and the criminal 
punishment of children. He urged for the "special treatment" of elderly 
prisoners.

Francis' speech reaffirmed the Catholic church's long-held position on the 
death penalty.

In America, support for the death penalty has dipped as low as 42% in 1966 and 
reached as high as 80% in 1994, according to Gallup. Since the peak in the 
mid-1980s, public support for the death penalty has dropped to 63% and has 
remained relatively stable since 2008.

According to Gallup, "These trends toward diminished support seem to be 
reflected in state death penalty laws, as six U.S. states have abolished the 
death penalty since 2007, and no new states have adopted it."

(source: Carol Kuruvilla; Huffington Post)






IRAN----executions

3 Afghan nationals executed for drug trafficking


At least 3 Afghans were hanged to death in Iran over drugs smuggling charges, 
Afghan officials said.

The officials further added that the deceased individuals were originally 
residents of northeastern Takhar province.

Provincial governor spokesman for Takhar province, Sanatullah Temori, said the 
dead bodies were handed over to their families and buried in Kalafgan district.

(source: Khaama Press)






PAKISTAN:

Pakistan Supreme Court Could Overturn Christian Mother Asia Bibi's Death 
Sentence Despite Radical Pressure, Says International Christian Concern


International Christian Concern has expressed hopes that Christian mother of 
five Asia Bibi could see her death sentence overturned by Pakistan's Supreme 
Court, despite pressure on judges from radical groups that are determined to 
see her executed.

"I think the chances of the Supreme Court overturning the death sentence are 
much greater than that of the High Court. In many cases, especially blasphemy 
cases, court decisions are influenced, either by ideology or threats, by local 
radical groups. Generally, the High Court is more insulated from this 
influence," William Stark, ICC's Regional Manager for South Asia, told The 
Christian Post in an email on Wednesday.

"Unfortunately, in Asia's case, she is very high profile and the radical groups 
tracking her case and advocating for her death have already shown what they are 
willing to do to keep Asia's death sentence confirmed. Shabaz Bhatti, a federal 
government minister, and Salmaan Taseer, the governor of Punjab, were murdered 
for speaking out against the blasphemy charge against Asia," Stark continued.

"I am just speculating, but I am sure that the Justices deciding Asia's case at 
the Lahore High Court were thinking about Bhatti and Taseer and their own 
personal safety when they made their decision to confirm the death sentence."

Bibi, who was first sentenced to death in 2010, saw her punishment upheld by 
the Lahore court last week. The mother was accused of blaspheming against Islam 
following an argument with Muslim women during an incident in 2009. Several 
human rights and persecution watchdog groups have pointed out, however, that 
blasphemy laws are often used to settle personal scores and persecute religious 
minorities in the heavily Islamic country.

Stark said that raising awareness is a very important step in affecting change 
in situations like Bibi's case.

"If Asia is a household name for Christians around the world and people are 
paying attention to her case, Pakistan and the justices ruling on her case will 
know that whatever decision they make will be seen and will be scrutinized. In 
some cases, just knowing that 'the world is watching' can affect the decisions 
of cases like this," Stark told CP.

"The blasphemy charge against Rimsha Masih in 2012 is a great example of this. 
After Rimsha, a young Christian girl, was accused of blasphemy in Pakistan, 
there was an international outcry that ultimately led to her being released and 
resettled in a safe country."

Christian leaders in Pakistan have been calling out for Pakistani authorities 
to reverse Bibi's sentence, while a group working to protect Christians from 
blasphemy laws urged international pressure on Pakistan.

Haroon Barkat, director of the Masihi Foundation, said earlier this week that 
"international pressures and mobilization can be useful" in influencing the 
case. He said that above all, "the political will of the government and of the 
highest authorities in Pakistan is needed" to put an end to the many false 
blasphemy cases in the country.

Stark agreed that it could help if the U.S. applies pressure on the situation, 
especially since Pakistan remains one of the U.S.'s top recipients of 
international aid.

"Having the U.S. government call on Pakistan to uphold international human 
rights standards as part of receiving aid shouldn't be that far-fetched," he 
said.

When asked about how Bibi's case compares to the one of Christian mother Meriam 
Ibrahim of Sudan from earlier this year, Stark said that in some ways the cases 
are similar, but also different.

"In both cases, these women are Christians and have been sentenced to death for 
crimes against Islam in countries that promote Islam as the state sponsored 
religion. Both women also come from countries where Christians are in the 
minority and are heavily persecuted. Obviously, both of these cases bring up 
religious freedom issues for minority populations living in the Muslim world," 
ICC's Regional Manager for South Asia said.

Ibrahim was initially facing the death penalty in Sudan for refusing to 
identify as a Muslim and for marrying her Christian husband Daniel Wani. 
Following a large international campaign, Sudan decided to release her, 
allowing her eventually to leave the country and come to the U.S., where Wani 
is a citizen.

Stark pointed out that Wani's American citizenship is a major difference 
between the cases, as it makes Ibrahim's two young children Americans as well.

"I believe this benefited Miriam greatly when it came to spurring NGOs, the 
U.S. government and U.S. citizens to action, ultimately leading to her release 
and resettlement in the U.S. That connection doesn't exist for Asia, making her 
easier to forget about and harder to push for action on," he said.

As Bibi's defense team prepares an appeal to the Supreme Court, other Christian 
groups are calling on people to offer prayers for the mother.

Open Doors noted that Bibi has spent much of the past five years in solitary 
confinement to protect her from other inmates, while the high-profile nature of 
the case has forced her family to go into hiding.

"Even her legal team face threats to their careers, families, and lives. Please 
pray for Asia, her family, her legal team, and the judge who will hear her 
appeal, and ask your church to do the same," the group said.

Open Doors added that it is contacting diplomats from around the world to raise 
awareness for Asia's case.

(source: Christian Post)






SOMALIA:

Somalia Islamist Militants Stone 18-Year-Old to Death for Rape


Al-Shabaab militants in southern Somalia publicly stoned an 18-year-old boy to 
death after he was accused of rape, the al-Qaeda-linked group and witnesses 
said.

The teenager, named as Hassan Ahmed Ali, was accused of raping a 28-year-old 
woman at gunpoint and sentenced to death by a local judge, al-Shabaab's Radio 
Andalus reported. About 100 people witnessed the killing yesterday afternoon in 
the main square of Dharuuro, a village in Somalia's Lower Shabelle region, 
Mohamed Dhubow, a resident, said by phone.

"Dozens of masked fighters" threw stones at the teenager, who'd been buried up 
to his neck, Dhubow said. "No one could help him."

Al-Shabaab have been fighting Somalia's government since at least 2006 in their 
campaign to establish an Islamic state. Somali government forces, backed by 
African Union soldiers, have made gains against al-Shabaab since forcing the 
Islamist fighters to withdraw from the capital, Mogadishu, 3 years ago.

Somalia's government expects to liberate areas still controlled by the 
militants within the next 6 months after capturing the insurgents' coastal 
stronghold of Barawe in early October.

(source: Bloomberg News)





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