[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

July 6



GHANA:

Human rights lawyer calls for death sentence to be expunged


A leading human rights activist explained that even though the basis for the 
death sentence was for a culprit to receive equal measure of punishment of what 
he meted out to a victim, many culprits are found innocent of the said crime 
after execution.

Human rights activist Francis Xavier Sosu has called on government to expunge 
the death penalty from the statutory books of the country.

Sosu was speaking after a 22-year old trader was handed a death sentence by a 
Tamale High Court in the Northern Region. The culprit Zeila Sulemana stabbed 
the girlfriend of his ex-boyfriend in the chest and abdomen to death after a 
heated argument over the Zeila's ex boyfriend.

Amnesty International described the sentence handed to her as pointless as the 
death sentence does not deter crime. Director of Amnesty International Ghana 
Lawrence Amesu who also called for the removal of the death sentence from the 
statutory books of the country argued that "[The] death sentence is not an 
answer to a crime. It is unfortunate it is still in our constitution and the 
judges will continue ruling in such directions...a death sentence doesn't deter 
crime, otherwise crime would have been stopped in countries that practice it".

Speaking to pulse.com.gh Sosu explained that even though the basis for the 
death sentence was for a culprit to receive equal measure of punishment of what 
he meted out to a victim, many culprits after they have been executed are found 
innocent of the said crime.

"That is the genesis for the death sentence, that tooth for tooth, eye for eye, 
those who live by the sword must die by the sword. But research over the years 
has shown that there are many people who have been executed and later on pieces 
of evidence are found to show that they did not commit those offences. "I've 
met people who have served the full sentence, some 50 year jail term just for 
them to come out and evidence is showing they are not the people who committed 
those offences. So we cannot rule out the fact that the possibility of us 
convicting somebody and sentencing that person on offences he never committed 
or knew nothing about are also there, once those possibilities are there it 
will be better to tread on the side of caution".

He also mentioned that even though nobody has been executed in Ghana since 1993 
it is important "that those punishments are taken out of our statutory books to 
also show that we have equal respect for human rights and human dignity". He 
also argued that there are times fresh evidence is found only after the culprit 
has been executed. He therefore questioned that "what then do you do? There is 
no more remedy".

Sosu said to expunge the death sentence from the statutes of the land "it would 
require a constitutional amendment, which will affect all statutes that push 
forward this agenda".

But until that is done, he recommended that culprits who formerly deserved a 
death sentence should rather be handed a number of years to serve a jail term 
or at worse a life sentence.

"In Ghana once you are convicted and sentenced to death you are usually put in 
the condemn cell and then abandoned there. So I think it will be right and 
consistent with international practices for us to take that [death sentence] 
out of our statutory books and have life imprisonment or a number of years for 
handed for such high crimes," he said.

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

Amnesty International condemns Tamale woman's death sentence----Amnesty 
International has described a death sentence handed to a 22-year-old trader to 
death by a Tamale High Court as pointless.


Amnesty International has described the death sentence handed to a 22-year-old 
trader by a Tamale High Court as pointless, as death sentences do not deter 
crime.

A 5-member jury convicted Zeila Sulemana of murder. On April 11, 2014, Zeila 
Sulemana stabbed a nursing student Rawdia Aminu in the abdomen and chest at 
Lamashegu in the Northern Region. Rawdia was stabbed when an argument ensued 
between her and Zeila over Alhassan Abdul-Rahman (Rawdia's boyfriend) who was 
also ex-boyfriend of Zeila.

Prosecutor of the case, Mr. Salia Qudus, narrated that the convict had earlier 
made friends with Aminu and introduced her (Aminu) to her parents as her 
friend. On the day of the incident the convict told Aminu that she wanted to 
hold a discussion with her outside her house. The convict is said to have 
questioned Aminu about Abdul Rahaman who was then boyfriend of Aminu. The 
conversation got heated and Zeila stabbed Aminu in her chest and abdomen 
leading to her death.

After hearing and considering the case, a 5 member jury unanimously pronounced 
Zelia guilty of murder.

Even though Ghana has not undertaken any executions since 1993, the number of 
death sentences as at 2015, was 18.

Director of Amnesty International Ghana Lawrence Amesu said "[The] death 
penalty must be abolished. It must be taken out from all legal documents of the 
country". He called on judges to desist from handing death sentences to 
culprits even though it is still allowed per the constitution of the land.

"[The] death sentence is not an answer to a crime. It is unfortunate it is 
still in our constitution and the judges will continue ruling in such 
directions. Judges must move away from the death penalty and rather hand over 
years. A death sentence doesn't deter crime, otherwise crime would have been 
stopped in countries that practice it".

The death penalty should never be signed by Ghana's president, current or 
future, he said.

"I am appealing to the president and subsequent ones after him, he should not 
sign this penalty. Nobody should be executed in Ghana."

(source for both: pulse.com.gh)






SUDAN:

2 Sudanese opposition students face death penalty: SCoP


The opposition Sudanese Congress Party (SCoP) on Tuesday said that 2 students 
belonging to its chapter at the Omdurman Ahlia University (OAU) are facing 
charges which could bring the death penalty.

In a statement extended to Sudan Tribune, SCoP legal sector said that the 
National Intelligence and Security Services (NISS) has handed over Bakhit 
Abdel-Karim and Sabah al-Zain Omer to the state security prosecution office on 
Sunday.

The 2 students were arrested by the NISS during the anti-government protests 
that had swept Sudanese universities last April following statements by the 
tourism minister about government intentions to sell University of Khartoum 
(UofK) land.

The statement pointed that charges have been filed against the 2 students under 
article (50) of the 1991 Criminal Act on undermining the constitutional order 
and article (53) on spying against the state.

It added that Sabah al-Zain was detained from his home on May 12, saying 
neither his family nor his lawyer were able to meet him since then.

"No charges have been filed against him throughout this period until he was 
handed over to the state prosecution office which filed a criminal case under 
provisions of laws items that don???t allow release on bail and punishable by 
death" read the statement.

The SCoP also pointed that a third student, Asim Omer, from its chapter at the 
UofK is facing charges punishable by death under article (130) on premeditated 
murder.

It added that Omer was detained by the NISS on May 2 and has been handed over 
to the police on May 6, saying the police had initially filed charges against 
him under article (139) on serious harm but later changed them to article (130) 
on premeditated murder.

The police had previously said that at least 2 of its officers had died from 
wounds they sustained during clashes with the UofK students in April and May.

The SCoP stressed that its students are facing a fierce security and political 
campaign, saying the NISS seeks to curb its peaceful struggle to overthrow the 
regime.

The statement further held what it called "the regime's militias inside the 
universities" responsible for killing 2 students during April protests, 
pledging to exert every effort to defend the students against the "fabricated 
charges".

2 students Mohamed al-Sadiq of OAU and Abu Bakr Siddiq of Kordofan University 
were killed during violent clashes between government and opposition supporters 
respectively on 27 and 19 April.

(source: Sudan Tribune)






THAILAND:

Thai government rules out death penalty for rapists


Thailand's Justice Ministry says it has no plan to execute rapists who murder 
their victims, saying such a harsh penalty would provoke more rapists to kill.

The ministry's 3rd-ranking official, Tawatchai Thaikyo, posted the comments 
Monday on his Facebook page amid growing outrage over the suspected rape and 
murder of a 27-year-old teacher, whose alleged attacker was a convicted rapist 
who lived in her apartment building. The woman's death has prompted calls for 
harsher penalties for rapes and capital punishment for fatal rapes.

Capital punishment is legal in Thailand for 35 different crimes, including drug 
offences, terrorism, national security crimes, murder and fatal rapes. But in 
practice, the death penalty is rarely used. The last execution was carried out 
in 2009 for 2 drug traffickers.

"If raping equals the death penalty, it would encourage rapists to kill all 
victims to shut their mouths," Tawatchai said. "Wouldn't it be better if we 
require all convicted rapists to undergo a rehabilitation program and give them 
support to prevent them from committing such crimes again?"

Part of the public anger is over the prison system's failure, in this case, to 
rehabilitate. The main suspect in the attack Friday is a 27-year-old factory 
worker who was released from prison last August after serving less than two 
years behind bars for raping a friend's wife.

He initially told police that he lived a few doors down from the teacher and 
knew her apartment door was broken, so he sneaked in late Friday with the 
intention of raping her but she fought back so he killed her, local media 
reported. He later changed his confession to say he had no intention of raping 
but only wanted to rob the teacher. Another neighbour found the woman's naked 
body, her throat slashed, the day after the attack.

The suspect, identified as Chatree Ruamsungnoen, was arrested Saturday and 
police cancelled a subsequent reenactment of the crime, which is common in 
Thailand when suspects confess, over concern he would be attacked by angry 
mobs.

The head of Thailand's military government also commented on the case, saying 
he disagreed with the calls for capital punishment.

"Look at what other countries are doing globally. Human rights laws have 
stopped capital punishment in many countries around the world," Prime Minister 
Prayuth Chan-ocha said, adding that severe penalties alone won't prevent rapes. 
Even if the punishment were "3 executions" it still might not be enough to 
deter criminals, he said.

"Society has to help pressure them," Prayuth added, saying public condemnation 
could be a greater deterrent than the death penalty.

Rights groups say rape in Thailand goes largely unreported and unpunished, 
partly because police often don't take complaints seriously.

Thai police receive about 4,000 rape complaints a year and make about 2,400 
arrests, according to the Thailand Development Research Institute, a public 
policy research institute that gets data from the Justice Ministry.

The number of unreported rape cases is estimated at 30,000 per year, the 
institute says, amounting to a case every 15 minutes.

The victim's father added his voice to the calls for capital punishment at a 
news conference after his daughter's death.

"I don't want to see laws kill a person," the father said Monday. "But if we 
let such a bad guy go free, he will kill again."

(source: Canadian Press)






GUINEA:

New criminal code drops death penalty but fails to tackle impunity and keeps 
repressive provisions


Guinea's National Assembly vote in favor of a new criminal code abolishing the 
death penalty is a significant step for human rights in the country, but the 
code contains provisions which will strengthen the impunity enjoyed by security 
personnel and repress the expression of dissent, Amnesty International said.

The new criminal code removes the death sentence from the list of applicable 
penalties and criminalizes torture for the 1st time. But some of the most 
frequently used forms of torture are defined as cruel and inhuman treatment, 
for which the law carries no explicit penalties.

"15 years since it last carried out executions, the promulgation of the law 
will make Guinea the 19th country in Africa to abolish the death penalty for 
all crimes, putting itself on the right side of history," said Francois Patuel 
Amnesty International West Africa researcher.

"But other provisions in the new code will strengthen the culture of impunity 
for security forces, restrict freedom of expression and peaceful assembly and 
cast a dark cloud over this otherwise historic win for human rights. When 
promulgating the code, the president should ensure that it will be revised to 
bring these provisions in line with international and regional human rights 
law."

The penalty for torture ranges from a fine of 500,000 Guinean Francs ($56) to 
prison terms of up to 20 years in detention. However, some acts which would 
fall within the definition of torture under international law are classified in 
the criminal code as "inhuman and cruel" treatment, for which no penalties are 
specified. These acts include rape, electric shocks, burns, stress positions, 
sensory deprivation, mock executions and simulated drowning.

Amnesty International and Guinean NGOs have documented at least four cases of 
torture since the beginning of the year, including one which was filmed and 
broadcast on social media. No suspected perpetrators have been prosecuted.

The code also contains vague language around actions justifiable as 
"self-defense," and a new provision called "state of necessity," which could 
essentially be used to shield members of the security forces who cause death or 
injury by the use of excessive force. International law and standards on law 
enforcement clearly stipulate that security forces may use force only when 
strictly necessary and proportionate for the performance of their duty.

"The Guinean authorities should not on the one hand abolish the death penalty 
and on the other exempt the security forces from criminal liability for 
killings claimed to be in the name of crime prevention," said Patuel.

The code's provisions on assemblies remain vague and unclear, giving the 
authorities a wide margin of discretion to ban peaceful demonstrations on 
grounds that are not in line with international standards. Moreover, organizers 
of demonstrations could be held liable for unlawful acts committed by 
demonstrators.

The code also retains oppressive laws that criminalize defamation and "insults" 
directed at public figures, whether in the form of gestures, text or 
illustrations, carrying a maximum penalty of 5 years' jail.

Background

Last year, security forces killed dozens of people and wounded hundreds at a 
peaceful demonstration. None of the perpetrators have been brought to justice.

Since the beginning of the year, 5 trade unionists and 1 journalist have been 
sentenced to prison terms for insulting the head of state. Another journalist 
was sentenced to paying a fine of 1,000,000 Guinean francs ($111) for 
complicity in insulting the head of state. The UN Human Rights Committee has 
underlined that heads of state and government are legitimately subject to 
criticism and political opposition, and has expressed concern about laws 
prohibiting defamation of the head of state and th4e protection of the honor of 
public officials.

After the adoption of the law at the national assembly, the president will have 
to promulgate it before it becomes enforceable. If he has not done so within 10 
days, the law becomes enforceable.

(source: Amnesty International USA)



INDIA:

Court confirms death penalty for four in triple murder


The High Court of Karnataka in Kalaburagi confirmed capital punishment imposed 
on 4 accused in a triple murder case by the District and Sessions Court of 
Yadgir.

A Division Bench consisting of Justice Anand Bayraraddy and Justice L. 
Narayanaswamy pronounced the order confirming death penalty to Basavaraj 
Pulleppa Chigarikar (52), Pallya Shankarappa Chigarikar (28), Yankappa Hulleppa 
Chigarikar (57) and Ramesh Chigarikar (26). All the convicts belong to 
Gundagurathi village in Deodurg taluk of Raichur district.

In October 2012, Principal District and Sessions Judge Sanjeev Kumar Hanchate, 
who heard the case, convicted the four, while acquitting another accused, head 
constable Meghanath Naik, for want of evidence.

On February 14, 2009, the convicts barged into a farmhouse at Gondadagi village 
in Saidapur police station limits of Yadgir district and murdered Basavarajappa 
Gouda, Srinivas and Shivareddy and set the bodies on fire.

They stabbed Suryakantamma in the neck and stomach and took away gold ornaments 
and cash from the house. Suryakantamma was the mother of Srinivas and 
Shivareddy.

Hearing Suryakantamma's screams, Srinivas, a neighbour, rushed her to a 
hospital and she was saved.

The evidence provided by Suryakantamma proved to be crucial in the case 
resulting in the conviction of the accused. While the prosecution approached 
the High Court for confirmation of the death sentence, the accused had filed a 
review petition challenging the order passed by the Principal District and 
Sessions Judge.

(source: The Hindu)






MALDIVES:

Maldives Foreign Minister Quits in Opposition to Death Penalty


The foreign minister of the Maldives, Dunya Maumoon, quit on Tuesday, July 5, 
as she opposed the government's use of capital punishment, which the government 
adopted in May.

"It was one of the most difficult decisions I had to take," Maumoon said in a 
statement sent to Reuters.

"Yet, the decision became inevitable because of the profound differences of 
opinion on the government's policy in implementing the death penalty at a time 
when serious questions are being asked, and concerns being expressed, about the 
delivery of justice in the Maldives."

Ibrahim Hussain Shihab, a spokesman in President Abdulla Yameen's office, 
confirmed Maumoon's resignation without elaborating on the reason.

Local media, however, linked the resignation to the ongoing conflicts between 
her father, Maumoon Abdul Gayoom and the presdient, who is his half-brother. 
Gayoom previously ruled the Maldives for 30 years and is now the leader of the 
ruling Progressive Party. The Maldives adopted democracy in 2008 but the path 
from there on has been very rough for the country. Last month, a 22-year-old 
man was convicted and given the death penalty by the Supreme Court in a 2012 
assassination case. UN human rights experts have urged the government to halt 
the execution and uphold the unofficial moratorium on capital punishment.

Maumoon previously served as deputy minister for foreign affairs in Mohamed 
Waheed's government in 2012 and her father's government in 2008. She was 
appointed foreign minister in 2013 when Yameen assumed power.

(source: The Wire)

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

Maldives to implement death penalty despite FM's resignation


Maldives President Abdulla Yameen Abdul Gayoom has said that he would go ahead 
with implementing the death penalty, an official said.

Abdul Gayoom made the announcement on Tuesday hours after Foreign Minister 
Dunya Maumoon decided to resign over the stand taken by the president, Xinhua 
news agency reported.

While addressing the nation to mark Eid ul-Fitr celebrated by the Muslims on 
Wednesday, the president said his administration had seen 3 vice presidents and 
as many defence ministers as well as several changes in cabinet positions.

The ruling Progressive Party of the Maldives (PPM) was the largest political 
movement in the nation and this was a time for the party to come together, 
rather than slide back to the uncertainty of 4 years ago, and to deliver on 
meaningful change for the nation to move forward through clear dialogue and 
mutual counsel, Gayoom said.

Speaking on the implementation of the death penalty, Gayoom said while he moved 
forward with a heavy heart and with scrutiny from the international community, 
he was steadfast in his belief that it served the greater good for the safety 
and protection of society.

He said the country was facing added international scrutiny because of leaders 
of political parties being sentenced by the courts, and that while the 
administration cannot and should not influence the judiciary, that justice 
should not elude those with higher influence.

Acknowledging that it was the duty of every leader to bring happiness and 
progress to the people, Abdul Gayoom said his intention of taking office was 
not to challenge other leaders but to face and deliver on the challenges to the 
nation.

(source: daijiworld.com)






IRAQ:

Executions in Iraq will not deter further deadly attacks


Iraq's execution of 5 prisoners is a brazen knee-jerk reaction to the abhorrent 
weekend Baghdad bombing and a worrying sign that the country is stepping up its 
use of the death penalty, Amnesty International said today.

The Iraqi Ministry of Justice said that the 5 prisoners had been put to death 
on Tuesday as authorities vowed more executions would be carried out following 
Saturday night's attack in Baghdad, which killed at least 213 people and 
injured a further 200, according to media reports.

"The Baghdad bombing that targeted civilians in a busy shopping area is an 
unconscionable attack on the basic right to life and a war crime, and there can 
be no justification for such odious violence," said Philip Luther, Director of 
the Middle East and North Africa Program at Amnesty International.

The armed group calling itself the Islamic State (IS) claimed responsibility.

Amnesty International called for those responsible to be brought to justice in 
fair trials without resorting to the death penalty.

"Executions are not the solution and they do not address the root causes of 
crime. The death penalty, which is a violation of the right to life and the 
ultimate cruel, inhuman and degrading punishment, has been proven time and time 
again not to have a greater deterrent effect than a term of imprisonment," said 
Luther.

The criminal justice system remains critically flawed in Iraq. Trials, 
particularly of defendants facing charges under the anti-terrorism law and 
possible death sentences, can be grossly unfair, with courts often admitting 
torture-tainted evidence, including when defendants recant their "confessions" 
in court.

In a statement on Monday, the Ministry of Justice said it would "categorically 
reject" any international interference in its executions, adding it would not 
accept any human rights arguments against the death penalty. The ministry said 
that 3,000 people remained on death row, while more defendants were being 
sentenced to death.

Last year, the Iraqi cabinet had proposed amendments to the Code of Criminal 
Procedure aimed at speeding up the execution process.

Before a death sentence can be carried out, the president of Iraq must ratify 
it. But if the amendment is passed, executions could be carried out without the 
president's approval a month after being submitted for ratification. The 
cabinet's proposal would also make it more difficult for defendants sentenced 
to death to seek a retrial.

"The government's response marks a worrying surge in the use of the death 
penalty in the country???s counter-terrorism efforts," said Luther.

"We call on Iraq to immediately halt all executions and establish an official 
moratorium on executions. The country cannot continue to use counter-terrorism 
to justify gross miscarriages of justice and the use of the death penalty."

Background:

Iraqi courts have handed down more than 123 death sentences in 2016 alone, 
mostly to men accused of acts of terrorism. At least 105 people have already 
been executed this year.

Former President Jalal Talabani refused to ratify any death sentences, which 
led to a backlog. Last year, the new president, Fuad Ma'sum, came under 
significant pressure from MPs and the public to ratify death sentences 
following the Speicher massacre, in which at least 1,700 military cadets from 
Speicher military camp near Tikrit were killed after capture by IS fighters in 
June 2014. A special committee was set up in the presidency to manage the 
backlog.

On June 29, 2016, Amnesty International wrote to the Iraqi authorities asking 
them to halt all executions, establish an official moratorium on executions, 
commute all death sentences, and ensure that all retrials are in full 
compliance with international fair trial standards.

(source: Amnesty International)






PHILIPPINES:

First bill in Congress seeks reinstatement of death penalty


Death penalty was the main push of the first bill filed in the 17th Congress 
under the Duterte administration.

Davao del Norte Rep. Pantaleon "Bebot" Alvarez, President Rodrigo Duterte's 
pick to be the next Speaker, filed a bill seeking to reinstate death penalty on 
heinous crimes through lethal injection.

In House Bill 1 he authored with Capiz Rep. Fredenil Castro, Alvarez said there 
is a need to reimpose death penalty because "the national crime rate has grown 
to such alarming proportions requiring an all-out offensive against all forms 
of felonious acts."

"Philippine society is left with no option but to deal with certain grievous 
offenders in a manner commensurate to the gravity, perversity, atrociousness 
and repugnance of their crimes," according to the bill.

The bill added that "the basic tenets of equity and justice demand that our 
penal system be one not only of reformation but corresponding retribution."

Lethal injection according to the bill should be adopted as the method to carry 
out the capital punishment.

In the explanatory note, the authors said there is a need to reimpose death 
penalty because of the prevalence of heinous crimes and illegal drugs.

"There is no denying the scourge illicit drugs have foisted upon our society, 
and neither is there denying the audacity with which malefactors, whether under 
the influence or otherwise, have perpetuated the most perverse and atrocious 
crimes in the most repugnant of manners," the authors said.

The authors said there is a need to reimpose death penalty as a retribution of 
justice against heinous criminals.

"The imposition of the death penalty for heinous crimes and the mode of its 
implementation, both subjects of repealed laws, are crucial components of an 
effective dispensation of both reformative and retributive justice," the 
authors said.

"It is thus, imperative, that this Congress, in the exercise of its mandate to 
take every conceivable step to protect the honor and dignity and the very life 
of each and every law-abiding Filipino, pass in the most expeditious manner 
such laws reimposing the penalty of death for the most abhorrent of offenses 
and provide for its execution," the authors added.

The bill sought to reimpose death penalty on heinous crimes listed under 
Republic Act 7659, including murder, plunder, rape, kidnapping and serious 
illegal detention, sale, use and possession of illegal drugs, carnapping with 
homicide, among others.

The bill sought to reenact into the law Republic Act 8177 which designated 
lethal injection as a method of carrying out capital punishment.

According to the bill, all laws that are inconsistent with this measure would 
be repealed.

The bill would then repeal Republic Act 9346, or the law signed by former 
President Gloria Macapagal-Arroyo in 2006 which abolished death penalty.

Alvarez filed the bill to fulfill the mandate of the Duterte administration to 
bring back death penalty as a deterrent to the rising criminality and use of 
illicit drugs in the country.

Duterte had wanted Congress to bring back death penalty by hanging.

(source: Philippine Inquirer)

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

Philippine Sen. Manny Pacquiao Favors Death Penalty by Hanging


Newly elected Philippine Sen. Manny Pacquiao said on July 4 that he will push 
to reimpose the death penalty by hanging.

(source: newsbeatsocial.com)

********

Congressmen want 9-year-old kids charged for crimes----Davao del Norte 1st 
district's Pantaleon Alvarez and Capiz 2nd district's Fredenil Castro file an 
accompanying bill seeking to restore the death penalty


Congressmen are seeking to lower the age by which suspects can be criminally 
charged, while also proposing the restoration of the death penalty for heinous 
crimes.

Presumptive House Speaker and Davao del Norte 1st District Representative 
Pantaleon Alvarez and Capiz 2nd District Representative Fredenil Castro filed a 
bill seeking to amend Republic Act Number 9344 or the "Juvenile Delinquency Act 
of 2006."

RA 9344 is also known as the Pangilinan Law, named after its author Senator 
Francis Pangilinan. It raised the minimum age of criminal responsibility from 9 
to 15 years old.

Now, Alvarez and Castro want to revert this to 9 years old under their House 
Bill Number 2 or the "Minimum Age of Criminal Responsibility Act."

The lawmakers explained that while the Pangilinan Law's intent "may be highly 
laudable," it is also "pampering... youth offenders who commit crimes knowing 
they can get away with it."

"Worse, adult criminals - individually and/or in organized cabal - knowingly 
and purposely make use of youth below 15 years old to commit crimes, such as 
drug trafficking, aware that they cannot be held criminally liable," said 
Alvarez and Castro in a statement on Wednesday, July 6.

The Pangilinan Law would be amended to read: "A child nine (9) years of age and 
above but below eighteen (18) years of age shall likewise be exempt from 
criminal liability and subjected to an intervention program unless he/she is 
determined to have acted with discernment, in which case he/she shall be 
subjected to appropriate proceedings in accordance with this Act.

"The exemption from criminal liability herein established does not include 
exemption from civil liability, which shall be enforced in accordance with 
existing laws."

They also filed HB Number 1, which seeks to restore the death penalty via 
lethal injection for heinous crimes.

Such crimes include plunder, human trafficking, illegal recruitment, treason, 
parricide, infanticide, rape, qualified piracy and bribery, kidnapping and 
illegal detention, robbery with violence against or intimidation of persons, 
carnapping destructive arson, terrorism, drug-related cases, among others.

The 2 bills are consistent with the legislative priorities of President Rodrigo 
Duterte, who vowed to return the death penalty as well as to amend the Juvenile 
Justice Law.

Should HB numbers 1 and 2 pass under the 17th Congress, it would mean that a 
9-year-old could be sentenced to death should he or she commit a heinous crime.

'Reformative, retributive' justice

Duterte previously said he wants to imprison parents of unaccompanied minors 
caught loitering on the streets between 10 pm and 5 am.

Several cities have since imposed curfews on minors, with district police 
naming the crackdowns as "Oplan RODY," an acronym after Duterte's nickname. It 
stands for "Rid the Streets of Drinkers and Youths."

On the return of the death penalty via lethal injection, Alvarez and Castro 
said these are "crucial components of an effective dispensation of both 
reformative and retributive justice."

"[The] criminal justice system has had to make do with penal laws that are 
perceived to be less than dissuasive. There is evidently a need to reinvigorate 
the war against criminality by revising a deterrent coupled by its consistent, 
persistent, and determined implementation," the congressmen said.

(source: rappler.com)