[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Feb. 8



JAPAN:

Death By Hanging: Criterion Collection (Blu-ray)

List Price: $39.95

Review by Randy Miller III

During his wildly unpredictable career, director Nagisa Oshima (1932-2013) 
refused to make the same movie twice. Frequently changing aspect ratios, 
filming techniques, subject matter, and even color palettes, Oshima's most 
recent film perpetually stood in stark contrast to what he'd just 
completed...or what was lurking right around the corner. His 12th 
feature-length production, 1968's Death by Hanging, was released right in the 
middle of the director's most prolific period: Oshima helmed more than a dozen 
productions between 1965 and 1972, each one more than a little different than 
the last. Though it wasn't his most controversial film, Death by Hanging 
definitely ruffled a few feathers upon its original release and still manages 
to challenge audiences almost 50 years later.

The story sounds simple on paper...but whatever first-time viewers might expect 
out of Death by Hanging, they'll get something different. Our central figure is 
known as "R", and he's been sentenced to death for the rape and murder of 2 
young women; his story is based on the fate of Korean-born Japanese man Ri 
Chin'u, who was imprisoned as a minor and executed in 1962 for similar crimes). 
In Oshima's alternate universe, "R" survives the hanging: he's got a pulse 21 
minutes after the failed execution but no memory of his crime or identity, and 
the bureaucrats in charge have no idea how to proceed. Known only by their 
titles---"Education Officer", "Priest", "Doctor", "Warden", etc.---they 
reluctantly agree to recreate the crimes to jog his memory and justify a second 
execution. This isn't exactly where Death by Hanging takes a sharp left turn: 
if we're being honest, the entire film is a series of sharp left turns. Yet 
from here onward, it moves further and further into the realm of pitch-black 
farce, never to return.

At once a scathing critique of the death penalty and an examination of the 
treatment of Korean-born Japanese citizens in the wake of World War II, Death 
by Hanging is an extremely tough film to process the first (or even second) 
time through. The film's wily, unpredictable nature runs the risk of alienating 
those who need to hear its message the most; as a result, only those sharp 
enough to connect all the dots might discover that Death by Hanging's finer 
points seem a little dulled by all the chaos. Luckily the terrific performances 
by almost everyone involved---none more than Do-yun Yu as "R", which was his 
only credited acting role---make the faces and characters almost impossible to 
forget, and the film's messy but efficient visuals complement many of its 
unspoken words and themes. As a whole, Oshima's film is a passionate and 
challenging production, which makes it easier to appreciate than enjoy.

Criterion's new Blu-ray edition of Death by Hanging actually marks the film's 
Region 1 debut, and this is a fairly well-rounded release that does it justice. 
The film's recent restoration looks great in high definition, and a handful of 
brief but appropriate supplements (including a terrific interview with Japanese 
film critic and historian Tony Rayns, who also discusses other segments of 
Oshima's career as a whole) that add another level of texture and background 
information for those intrigued by its interesting, unpredictable structure. 
Death by Hanging isn't exactly "blind buy" material for those new to Oshima's 
unique brand of filmmaking, but seasoned fans should enjoy this one.

(source: dvdtalk.com)

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

Words about sentences: the Japanese vocab of crime and punishment


When reporting on Japanese trials, Western journalists occasionally describe a 
defendant as being sentenced to "life in prison." Technically, Japanese law 
does not have shushinkei, literally "punishment until the body is finished"). 
Instead, there is muki choeki, imprisonment with labor for an undefined term), 
the 2nd harshest punishment after shikei, the death penalty, also sometimes 
colloquially referred to as kyokkei, the "ultimate punishment".

Indefinite imprisonment may sound much like a life sentence (or what happens at 
Gitmo), and officially, it is. Sort of. But there is an important difference: 
hope. Even murderers sentenced to indefinite terms can aspire to kari shakuho, 
parole, if they can be repentant model prisoners for 2 or 3 decades.

There may be a trend toward kei no genbatsuka, harsher punishments, sometimes 
attributed to more severe sentences being meted out in trials before saiban'in, 
lay judge panels since that system started in 2009. Still, accounts by 
keimusho, prison insiders suggest kyosei shisetsu, correctional facilities full 
of criminals without hope would be much harder to manage. America could learn 
something here.

Japanese keibatsu, punishment, sometimes also rendered keijibatsu has a very 
different history from in the West, with a prominent theme being leniency. 
Ancient Japan adopted imperial China's baroque, highly relational system of 
ritsu, rules of punishment, but toned down their severity, never adopting, for 
example, the infamous ryochikei, death by a thousand cuts.

Astonishingly, in 818 Emperor Saga actually abolished the death penalty, a 
moratorium that lasted over 3 centuries, during which period politically 
important offenders, at least, were instead sentenced to ryukei, exile to 
remote islands like Sado or Oki. That ancient Japan went so long without a 
death penalty is a remarkable historical fact, one that seems inconsistent with 
the state's continued use of koshukei, death by hanging in the 21st century.

Currently Japan's keiho, penal code provides for 6 types of punishment. First, 
the rarely imposed and more rarely carried-out death penalty. Then there is 
choeki, imprisonment with labor, usually imposed for a defined term of up to 20 
years, though multiple offenses can lead to longer terms. Muki choeki, 
discussed earlier, is rare - only 23 such sentences were meted out in the 2014 
government year. There is also kinko, sometimes imprisonment without labor.

Choeki seems to be reserved for morally culpable or harenchizai, "infamous" 
crimes) like murder or theft, while kinko is more likely for negligent or 
political offenses. The difference may be largely theoretical, though, since 
most people sentenced to kinko reportedly volunteer for labor anyway.

Labor as punishment reflects the Japanese emphasis on kyosei, corrections, 
kosei hogo, rehabilitation and protection - particularly of juvenile offenders 
and shakai fukki, returning to society. Part of the exercise is thus for 
jukeisha - inmates, or literally, "people receiving punishment" to acquire 
skills and discipline, the lack of which may have gotten them into prison in 
the first place.

Choeki means many things are made at Japanese prisons: traditional and modern 
furniture, household items and car accessories, for example.

Most sentences of imprisonment are for just a few years, and those of 3 years 
or less may be suspended. If the convict does not re-offend during the 
suspension period, the original sentence is vacated. Suspended sentences may 
also be combined with hogokansatsu, probation.

Another form of punishment is koryu, short-term detention for a period of a 
month or less. Confusingly, it is a homophone for another koryu, which refers 
to pretrial detention, which is technically not a form of punishment.

Punishments that don't take your freedom take your money or stuff. A 
supplementary sanction in some cases is bosshu, confiscation of assets or 
property related to the commission of the underlying crime. Bakkin) are penal 
fines of 10,000 yen or more, while karyo are for lesser amounts. Here another 
homophone rears its head: karyo refers to the myriad nonpenal fines imposed by 
laws outside the criminal sphere. To distinguish the 2, penal karyo are 
sometimes referred to as togaryo, while nonpenal fines are referred to as 
ayamachiryo. What's the difference? Nonpenal fines do not result in zenka, 
criminal records. Moreover, you don't have to work them off in prison as you 
would if sentenced to a penal fine while broke. Drivers may be hit with 
hansokukin, a special administrative fine imposed for minor traffic violations; 
special because if you don't pay, you can end up in criminal court. Finally, 
there are tsuichokin, financial penalties that are most common in the world of 
tax and imposed when you fail to pay a tax or other public duty.

(source: Colin P.A. Jones is a professor at Doshisha Law School in 
Kyoto)----Japan Times)






SRI LANKA:

Prisoners On Death Row To Get Life Imprisonment


Following a set of recommendations made by a committee appointed to look into 
the death sentence issued on several convicts, it has been decided to convert 
the death sentence imposed on 34 of those convicts into life imprisonment. 
President Maithripala Sirisena had taken the decision after considering the 
reports on the 34 convicts submitted by the committee which was appointed by 
the former President.

The committee has also finalized reports on another 60 convicts on death row 
and these reports will also be handed over to the President for his 
consideration, a committee member told The Sunday Leader.

Since the death sentence is not implemented in Sri Lanka an issue has arisen on 
the convicts who are on death row.

Human rights groups have urged the Sri Lankan government not to implement the 
death sentence despite pressure from some groups and individuals following a 
spate of gruesome murders in the country.

(source: The Sunday Leader)






NIGERIA:

NBA Ilorin Chairman suggests Death Penalty for corrupt public officers


NANMansuma Issa, Chairman, Nigerian Bar Association (NBA), Ilorin branch, has 
advocated capital punishment for corrupt public servants in the country.

Issa, who made the suggestion in llorin, Kwara, on Sunday while speaking with 
newsmen, also said that the punishment should be extended to other African 
countries.

He decried the level of corruption in Africa, especially in Nigeria, and said 
that capital punishment would stem graft and brazen looting of public funds.

According to him, countries like Singapore, China, Taiwan, Vietnam and South 
Korea which adopted death penalty to curb corruption had succeeded in fight 
against corruption.

The NBA chairman said that corruption had become endemic in Africa and had 
necessitated the association's support for the corruption war being fought by 
the President Muhammadu Buhari's administration.

He lamented that funds which would have been spent on the health, education and 
agriculture as well as for the fight against terrorism were diverted to 
individual pockets.

He called for the strengthening of the judiciary so that offenders could face 
trial in accordance with the law.

Issa said that the Nigerian judiciary was still operating pre-independence 
pattern and in colonial courts where judges still wrote in long hands, 
describing the act as "very stressful and retrogressive".

He appealed to the federal and state governments to provide the judiciary with 
verbatim recording machines to ease their assignments.

He assured that judges in the country could still be trusted, especially in the 
fight against corruption.

Issa, however, admitted that there might be few cases of corruption in the 
judiciary and urged the disciplinary committee of NBA not to take the issue of 
corruption in the judiciary lightly.

He said that any judge found guilty should be dealt with accordingly.

On Constitution amendment, he said that the 1979 Constitution was well crafted 
except for the variation in the laws of the principles of federalism and the 
control of resources.

He called for the modification of those areas of the Constitution, noting that 
there was no "perfect constitution" anywhere in the world but a "workable 
constitution".

Issa disclosed that the greatest challenge facing NBA in Kwara was allegations 
of diversion of clients' funds by some of its members.

He warned that anyone found wanting in such allegation would be forwarded to 
the national disciplinary committee of the association for necessary action.

He urged the government to improve the condition of the prisons, saying that it 
was also part of the challenges the association faced while fighting for the 
right of its clients.

He described the condition of Nigerian prisons as embarrassing and dehumanising 
and said that inmates should not be treated as enemies of the people.

(source: bellanakja.com)






EGYPT:

Egypt sentences more Muslim Brotherhood members to death


A court in Egypt has handed more death penalties to supporters of the Muslim 
Brotherhood. The military court in Alexandria gave the death penalty to 8 
people. The defendants were charged with organizing a terrorist group tasked 
with targeting the military. Egypt has cracked down on dissent since former 
president Morsi was ousted.

(source: presstv.ir)






SAUDI ARABIA:

Anonymous Calls For Saudi Arabia Ban from 2016 Olympics


Online activist collective Anonymous and @OperationNimr - a voice campaigning 
to nullify the death sentence handed to Saudi Arabian youth are both calling 
for the exclusion of Saudi Arabia from this year's Rio Olympics.

With a nod to Saudi Arabia's controversial human rights record, Anonymous and 
@OperationNimr are calling on the International Olympic Committee (IOC) to keep 
out Saudi Arabia from the summer Olympic games, @OperationNimr revealed to 
Hacked.

Despite an outcry from activists and human rights groups, Saudi Arabia recently 
executed and crucified 47 people on January 2, 2016. A majority of those 
executed included prominent Arab Spring activists and pro-democracy supporters.

Anonymous has previously endeavored to shed light on the death sentences handed 
out by the Saudi Arabian government toward its youth. Known for its hacktivism, 
Anonymous took down several government websites in early September 2016. The 
targeted hacking run brought focus to a 2012 death sentence handed to the 
then-17-year-old teenager, Mohammed al-Nimr.

A Saudi court judgement noted that Nimr had "encouraged pro-democracy protests 
[using] a Blackberry."

In response, websites such as Saudi Airlines, the Ministry and Justice and more 
were taken offline.

"Hundreds of innocent people die each year because of the Saudi Government, and 
they (the Saudi Government) will now be punished for their actions," Anonymous 
said at the time.

In a report by Amnesty International, Saudi Arabia is revealed as "one of the 
most prolific executioners in the world." Executions are known to be carried 
out for "crimes" such as witchcraft, sorcery and adultery.

The latest call to ban Saudi Arabia is yet another attempt to bring the kingdom 
state's death penalty practices under the world's scanner. Between January 1986 
and June 2015, at least 2,200 known people were executed in Saudi Arabia, 1/2 
of whom were foreign nationals. Significantly, over 1/3 of these executions 
took place for offences that did not figure within the threshold of "most 
serious crimes." Under international law, "most serious crimes" is a category 
for which the death penalty can be imposed.

(source: hacked.com)






GAZA:

Hamas armed wing executes member 'for spying for Israel'


The armed wing of Hamas, which rules the Gaza Strip, said Sunday it had 
executed 1 of its members, with sources familiar with the case calling him a 
senior official accused of spying for Israel.

"The Al-Qassam Brigades announce that the death penalty pronounced against its 
member Mahmud Eshtawi has been applied today at 1600 hours," Hamas's armed 
branch said in a statement.

Executions have previously been carried out in the Gaza Strip, including in 
public squares in the Palestinian territory, but it appeared to be the first 
time Al-Qassam itself had sentenced one of its own through a court martial and 
executed him.

The statement did not provide details on the accusations against him other than 
to say that "the Brigades' military and Islamic judicial committee issued the 
sentence because he violated rules and ethics."

Eshtawi's duties included overseeing tunnels that have previously been used to 
store weapons and carry out attacks against Israel, the sources said.

According to the sources, he was in charge of a large unit and was previously a 
close associate of Mohammed Deif, the Al-Qassam chief who has been a frequent 
target of Israeli assassination attempts.

The Palestinian Centre for Human Rights said in late December that 9 death 
sentences had been issued in the Gaza Strip in 2015 and 2 in the occupied West 
Bank.

Since the start of 2016, 4 Gazans have been handed death sentences after being 
accused of spying for Israel.

The Gaza Strip has seen 3 wars with Israel since 2008.

(source: Agence France-Presse)






INDONESIA:

Family of Murdered 7-Year-Old Boy Demands Death Penalty for Perpetrator


The family of the 7-year-old boy who was allegedly kidnapped and murdered on 
Sunday (07/02) has demanded the death penalty for the perpetrator.

Jamaludin - a 1st grade student at the SDN Beji 3 in Depok, West Java - was 
abducted by 35-year-old Januar Arifin, also known as Begeng, who was regularly 
seen in front of the boy's school. The 2 often used to hang out together and 
played video games at a rental store near the school.

The boy was last seen alive at 12 p.m. on Saturday while leaving the school in 
Januar's company. Januar allegedly gave the boy Rp 2,000 (15 cents) to convince 
him to go with him to his home in the Lubang Buaya area of East Jakarta.

The boy's parents reported that their son had been abducted after receiving a 
text message from the suspect. Police raided Januar's home in the early hours 
of Sunday. Jamaludin's body was found in the bathroom, with bruises and what 
appeared to be signs of strangulation on his neck.

The Depok District Police said Januar had apparently planned the abduction 3 
days in advance, while Tribunnews.com reported that the suspect allegedly 
sexually assaulted Jamaludin before killing him.

"He must be sentenced to death. Don't let him live, because there will be more 
victims. Begeng is a psychopath. We don't want him to serve a light sentence," 
one of the deceased boy's relatives, Tuti Ningsih, said at the victim's home in 
Depok on Sunday.

The Indonesian Child Protection Commission (KPAI) has meanwhile renewed a call 
for the chemical castration of sexual offenders.

"We really appreciate what the police have done, but [other than] finding the 
motives behind [the abduction and] the murder, the government still has to 
create laws to legally punish child abusers," KPAI commissioner Erlinda said in 
Depok on Sunday.

Januar is currently being detained at the Beji Subdistrict Police Station for 
further questioning. An autopsy has already been completed on Jamaludin's body 
and the result was handed to the police, who will now complete their 
investigation. However, the KPAI has demand that the perpetrator should also be 
examined by a psychiatrist.

Jamaludin's parents buried their son in their hometown in Garut, West Java, on 
Monday.

(source: Jakarta Globe)