[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 10




PHILIPPINES:

Duterte eyeing 50 executions every month - lawmaker


Incoming president Rodrigo Duterte wants 50 convicts executed every month by 
hanging once Congress re-imposes the death penalty, representative-elect Danilo 
Suarez of Quezon said yesterday.

"He feels that if at least 50 drug lords and other convicts are hanged every 
month, their execution will deter crime," he told the Usaping Balita forum at 
the Serye Cafe in Quezon City.

He said Duterte revealed his plans during a meeting with 19 members of the 
House of Representatives led by Speaker Feliciano Belmonte Jr. on Tuesday.

He said the nation's next leader told them that he would like Congress to 
restore the death penalty within 6 months or before yearend.

He said Duterte intends to certify a capital punishment re-imposition bill as 
urgent.

Suarez recalled that in the course of Tuesday's meeting, reelected Camarines 
Sur Rep. Rolando Andaya Jr., who is being groomed to chair the House 
appropriations committee, suggested that funds could be set aside for the 
rehabilitation of the death chamber at the New Bilibid Prison (NBP) in 
Muntinlupa, where execution through lethal injection could be carried out.

"But the president-elect declared there was no need for it as he preferred 
hanging as mode of execution," he said.

He said if Congress enacts a bill lowering the age of criminal responsibility 
to 15, youth convicted of heinous crimes such as drug trafficking would be 
covered by the planned re-imposition of the death penalty.

Kabataan Rep. Terry Ridon, another guest at the forum, said Duterte would not 
see the execution of convicted drug lords and other offenders in the early part 
of his administration.

"They have to go through the legal process. The offenders have to be convicted. 
Then there is the mandatory review of their conviction. Knowing our justice 
system, it will take time, maybe years," he said.

He said the death penalty, if Congress restores it, would be applied on future 
offenders, not on convicts serving time at Bilibid.

Suarez agreed with Ridon, but said if suspected drug lords choose to fight law 
enforcers, they would suffer death just the same.

"In our province, if there is a drug lord in a community and he is arrested, he 
is freed and is back to his illegal activities in a few days because he has 
bribed the judge and the prosecutor. This does not happen in Davao City (where 
Duterte is mayor)," Suarez said.

He said the incoming leader asked him, Belmonte and Ilocos Norte Rep. Rodolfo 
Fari???as, who is being eyed as the next majority leader, to help incoming 
speaker Pantaleon Alvarez push for the return of capital punishment and other 
legislative priorities.

They said they promised to support Duterte's priority legislative measures.

Ridon, who belongs to the Makabayan bloc, said their group would oppose the 
re-imposition of the death penalty.

"I predict a showdown on this issue inside and outside Congress, what with the 
Catholic Church against the death penalty," he said.

He said there are also party-list representatives, including Lito Atienza of 
Buhay, who are opposed to capital punishment.

"I think it will face rough sailing," he added.

Pro-death penalty

Returning senator Panfilo Lacson yesterday said he supports the reimposition of 
the death penalty for heinous crimes but not by hanging as proposed by Duterte.

Lacson said he finds the penalty "too medieval."

Senate President Franklin Drilon, for his part, said he is open to a discussion 
on the proposal to restore the death penalty in the country.

However, he said that this is not a decision that should be rushed because it 
carries with it very serious implications.

'Uphold rule of law'

Acting Justice Secretary Emmanuel Caparas is hopeful that the administration of 
Duterte will respect and uphold the rule of law.

In a press conference yesterday, he urged critics to give Duterte a chance to 
perform his duties amid criticisms on his manner of speaking and perceived 
inhuman anti-criminality policies.

"Let's give the incoming president a chance. If after several months or years 
we see something wrong, then that's the time we speak. For now, let's allow him 
to do his job," Caparas stressed.

The outgoing Department of Justice (DOJ) chief revealed that he already met 
with his successor, Vitaliano Aguirre II, for the transition of administration.

"We had 2 productive sessions. He strikes me as a man who wants to get to the 
bottom of things immediately. As what he said in the media, he would like to 
prioritize cases on drugs and graft and corruption," he bared.

Caparas also dispelled fears of the DOJ dropping from its witnesses protection 
program (WPP) the witness on alleged anomalies in the administration of 
detained former president and re-elected Pampanga Rep. Gloria Macapagal-Arroyo, 
a known ally of Duterte.

(source: PhilippineStar)

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

Recto not closing doors on reimposing death penalty, but...


While he is against the restoration of the death penalty, Senator Ralph Recto 
said he was inclined to support the proposal if it got the support of the 
majority and if it would be imposed only during the six-year term of 
President-elect Rodrigo Duterte.

"I am personally against the death penalty but assuming it will be restored, I 
will propose it be imposed only for six years or only during the term of 
President Duterte," Recto said in a text message to reporters on Friday.

Asked then if he was inclined to support the reimposition of the capital 
punishment if the proposal got the backing of the majority of the Senate, Recto 
said: "That's a possibility."

"(I am) studying all options. I will wait and read the bill when it is filed," 
the senator added.

Senator-elect Panfilo Lacson reiterated that he was in favor of the death 
penalty but not by hanging, which is being pushed by Duterte. He described 
death by hanging as a "bit too medieval."

Lacson said he also expected a long debate in Congress on the proposed 
restoration of the death penalty, citing the various issues regarding its 
scope.

(For example, even Sentor Koko does not want rape to be included in the crimes 
punishable by death. But for me, if rape is coupled with murder, mutilation and 
other forms of violence, or statutory rape, I want it to be punishable by 
death.)

Koko is Senator Aqulino Pimentel, who is said to be the next Senate president 
after claiming to have clinched the support of at least 17 senators.

"I am also against death penalty by hanging. We also spent on means to carry 
out lethal injection. Let's just use it. Death, especially the agony of knowing 
exactly when it will happen is the ultimate punishment," Lacson added.

(source: inquirer.net)






INDONESIA:

Govt prepares legal aid for 208 Indonesians facing death penalty abroad


The government is stepping up its efforts to spare the lives of 208 Indonesians 
abroad who are facing the death penalty, an official said on Thursday.

As of May 2016, 154 of the Indonesian nationals on death row overseas were in 
Malaysia, with the majority of their cases relating to murder and drug 
offenses, Foreign Ministry spokesman Arrmanatha Nasir said.

He said the government would continue to provide legal assistance to 
Indonesians abroad who are facing trouble with the law, saying there was cause 
for optimism as data indicated that the lives of 285 death-row inmates had been 
spared between 2011 until 2016.

Furthermore, as a preventative measure, Indonesian representatives abroad have 
recently been conducting intensive legal awareness outreach programs to reduce 
the number of such cases in the future, he added.

"We will continue to work to spare Indonesians from the death penalty, however, 
in a way that is in accordance with the applicable laws of the country 
concerned," he told journalists at the Foreign Ministry in Jakarta on Thursday.

Back-to-back cases of Indonesian citizens facing capital punishment overseas 
have come into the media spotlight recently.

In the latest case, migrant worker Daryanti was charged on Thursday in 
Singapore for allegedly murdering her female employer, Seow Kim Choo, on 
Tuesday night, as reported by local newspaper The Straits Times.

Lawyer Mohamed Muzammil Mohamed has been appointed by the Indonesian Embassy in 
Singapore to represent Daryanti, Arrmanatha said.

The case will be heard in court again in 3 weeks time, on June 29, and if 
convicted of murder, Daryanti could face the death penalty.

Upon being informed of the case, the embassy had immediately contacted the 
suspect and informed her that they would continue to support her throughout the 
legal process, he added.

In another recent case, migrant worker Rita Krisdianti was sentenced to capital 
punishment by the Penang High Court in Malaysia on May 30 for her alleged 
involvement in drug smuggling.

The government plans to lodge an appeal of Rita's verdict, Arrmanatha said.

"There's still time within the 14-workday deadline following the sentencing to 
lodge an appeal," he added.

Indonesia itself implements the death penalty for drug offenses, to the firm 
objection of human rights activists and foreign countries whose citizens are 
executed.

(source: The Jakarta Post)






INDIA:

The ones who got death


The Death Penalty India Report highlights the rarely heard voices of prisoners 
on death row. Here are 5 of them:

Who gets the death penalty in India? The Death Penalty India Report, brought 
out by the National Law University last month, attempts an answer. A 
1-of-its-kind study, it documents the socio-economic profiles of prisoners 
sentenced to death, as also their engagement with the criminal justice system. 
Here, rather than the crime they were party to, the focus is on the lives they 
led and the legal aid they had access to before receiving the death penalty.

The report documents the stories of 373 of the 385 prisoners on death row 
countrywide. This includes stories of their families, too, some of whom 
cooperated in the exercise and some didn't. The 2 1/2 year long study was aided 
by over 80 undergraduate law students and volunteers. The 2-volume, 384-page 
report attempts to go beyond the 'for vs against' debate on death penalty.

"For an issue as grave as this, there have been far too few attempts in India 
to understand questions about who gets the death penalty, how they get it and 
what it is like to live under the sentence of death in Indian prisons," says 
Anup Surendranath, director of the Death Penalty Litigation Clinic, in the 
preface.

"The project is not meant to make a case for abolition but is meant to present 
voices that are rarely heard."

Here we are reproducing 5 stories of death row inmates featured in the report. 
A few of them had their sentences commuted in due course. Names of the 
prisoners and their family members have been changed in the report to preserve 
anonymity.

Edited excerpts:

Pranay Singh

Pranay Singh was sentenced to death for murdering five members of his cousin's 
family by setting their house on fire. According to his brother, Singh had been 
mentally ill a few years prior to the incident. He had stopped farming and was 
indifferent when his yield was destroyed. Singh left the village and returned 
12 years later. He was unkempt, did not eat much and remained withdrawn.

During our interactions, Singh did not seem to remember the incident. He was 
unaware that he was implicated for murder. Singh remembered going to the court 
for hearings but did not know the details of the case, and was under the 
impression that he had been acquitted. He believed he was living in prison out 
of his own volition.

Although in his '50s, Singh believed he was 32 years old. He insisted the 5 
people, whose deaths he was convicted for, were alive. No one from his family 
had visited him in prison and the officials were the ones he communicated with. 
Despite being diagnosed with schizophrenia in 2010, Singh's mercy petition was 
rejected by the President. A month after the submission of his mercy petition, 
Singh was admitted to a mental hospital. About 10 months after being 
discharged, Singh was informed about the rejection of his mercy petition.

His death sentence was subsequently commuted by the Supreme Court (SC) on the 
ground of his mental illness. In its judgment, the SC noted that the Ministry 
of Home Affairs did not make a reference to his mental condition while advising 
the President to reject the mercy petition.

Singh had at the time of the interview spent 11 years and 3 months in 
incarceration.

Inder

He was convicted and sentenced to death for the rape and murder of his 
employer's daughter. Inder recounted that he yielded to the investigating 
officer's pressure due to the relentless torture and agreed to confess before 
the magistrate. During the proceeding, the magistrate did not inform him about 
the effect of the confession nor did he inquire if it was being made under 
duress. The magistrate only asked 2 questions, "Did you rape the victim?" and 
"Did you murder her?"

During his interview, Inder ruefully shared that he was illiterate and did not 
have a lawyer to guide him through the legal process, else he would have never 
made the confession before the magistrate.

Inder's horrors over a 10-day period in police custody were not limited to 
brutal beatings. The police blindfolded him and fired gunshots in the air, 
making him dread for his life with every passing moment. Petrol was poured over 
his buttocks and he was tortured in ways that he felt ashamed to discuss. 
During his interview, Inder shared that the only way for him to escape this 
nightmare was to comply with the investigating officer's demands to confess 
before the magistrate.

Remembering the torment he had undergone, Inder shared that for anyone who was 
tortured like he was, "it would no longer matter whether you did it or not, you 
will agree to anything to make the torture stop." Inder's case was pending in 
the High Court (HC) at the time of the interview in October 2013.

Chetak

Chetak was sentenced to death for murdering five people in the house where he 
was a domestic help. He was paid a meagre salary of 1,500. His employers often 
abused him verbally and did not pay his full salary to make sure he continued 
working.

The economic condition of his mother was worse. When the interviewers met 
Chetak's mother she was found wearing a torn sari without a blouse. She had a 
basket in one hand and a broom in the other. Frightened and bewildered, the 
frail old woman sat down on her haunches amidst a curious crowd and repeated in 
a barely audible voice, "I know nothing, I understand nothing." She lived alone 
in a dilapidated room surrounded by a yard piled with bricks and rubble. She 
survived by cleaning cowsheds and making dung cakes. She was not paid for her 
labour, but given food, sometimes just enough to make a day's only meal. Often, 
she did not even get this and would go to bed hungry. The other villagers did 
not know her name, though she worked in their houses. One proudly whispered, 
"We do not associate with her."

Chetak's mother visited him once in jail.

In the jail, Chetak was not allowed to work or earn. His legal aid lawyer told 
him that he would fight the case well only if he was paid. Chetak was convinced 
that his fate would have been different had he been able to afford a private 
lawyer. Represented by state-appointed counsels throughout the trial and appeal 
process, Chetak never had an opportunity to discuss the case with his lawyers.

After the confirmation of his death sentence by the SC, Chetak remained unaware 
of his remaining legal recourses. Fellow inmates told him about clemency and 
his mercy petitions were sent to the President and the governor through the 
prison. Chetak did not receive any legal assistance in preparing these 
petitions nor did he have their copies.

While the President denied Chetak's request for pardon 3 years later, the 
prison received an official communication after a delay of 3 months. Chetak 
learnt about it through a local Hindi newspaper. He was not given a copy of the 
letter.

Chetak despaired that he was alone throughout this complex process, with "no 
one to listen to his voice or look out for him."

Subsequently, the SC commuted his death sentence considering the delay of 3 
years and 10 months in disposal of his mercy petition. The court also took into 
account his solitary confinement for 6 years and 7 months after he was 
sentenced to death by the trial court.

He had at the time of the interview spent 10 years and 8 months in 
incarceration.

Nimish

Nimish, along with his co-accused, was convicted and sentenced to death for the 
murder of 6 members of a family and their help. Their death sentences were 
upheld by the SC. After his review petition was dismissed, Nimish tried to seek 
legal assistance in preparing his mercy petition but without any results. In 
order to understand his rights, he also asked the prison officials for a copy 
of the prison manual. His demands irked the officials and were rejected.

It compelled him to prepare his own mercy petition. When he received no news 
about the fate of his mercy petition for 10 years, Nimish sent an application 
under the Right to Information Act, 2005, to the President's Secretariat. He 
learnt the petition was still pending before the governor. However, on 
enquiring with the state government, Nimish learnt that his mercy petition had 
been rejected by the governor, but the relevant documents were destroyed in a 
fire in the department. 14 years after submitting his mercy petition, Nimish is 
still awaiting the outcome of his plea.

Nimish had quit school after Std VII due to financial difficulties. He migrated 
to another state from his native village, and was only 20-21 years old at the 
time of his arrest. In the 2 decades that he has spent in prison, he has 
completed his Bachelor's degree in commerce and political science, as well as a 
certificate course in tourism. Currently, he is pursuing Master's in sociology 
from prison.

He wonders if the President would consider his endeavours to educate himself 
while deciding the fate of his petition. He hopes that someday he will "get 
back to society and lead a life of dignity."

He had spent 19 years and 7 months in incarceration.

Ranjay

Ranjay's trial lasted 3 months and he was sentenced to death for murdering a 
1-year-old child. The trial court and HC rejected Ranjay's claim that it was an 
accident under the influence of alcohol.

Shivmani, Ranjay's wife, recounted that she had got Ranjay to give up a life of 
petty crime and take up a stable job after nearly 2 decades of struggle. They 
were content before this incident destroyed their lives. Overnight, they had to 
sell most of their possessions to secure legal assistance for Ranjay.

His case was pending before the SC at the time of his interview in December 
2013. His narrative is of significance in the discussion on surrender by 
prisoners. According to the prosecution's case, Ranjay had demanded 100 from 
the child's grandfather, and when denied, he fired his pistol, which killed the 
child instantaneously.

Shivmani said Ranjay was an alcoholic and, on that particular evening, had come 
home in a heavily inebriated state. She tried coaxing him to go to bed. 
However, he insisted on going out to buy gutka (chewing tobacco), and took his 
pistol along as he was afraid that someone was trying to kill him.

According to her, Ranjay fired at a wall but the bullet ricocheted and hit the 
child. The child's grandfather stabbed Ranjay in the neck with a pair of 
scissors. Thereafter, he staggered home and asked Shivmani for the keys to his 
autorickshaw, saying that he needed to take a child who had been shot to the 
hospital.

She was informed that people were beating up Ranjay, and at the scene she saw 
the entire neighbourhood assaulting her husband. The mob started beating 
Shivmani and her children as well. Her younger daughter was stabbed in the 
abdomen. Upon Ranjay's request, she took him to the police. The mob surrounded 
the police station and the victim's mother threw a stone at the 
station-in-charge and asked him to hand over Ranjay so they could "take care" 
of him. Ranjay was admitted to a hospital and was so intoxicated that he was 
not sober until the next afternoon.

(source: thehindubusinessline.com)





BURKINA FASO:

Groups push for abolition of death penalty


About 10 civil society groups in Burkina Faso on Thursday launched a campaign 
aimed at pushing for the abolition of death penalty in the West African country 
where about 13 people have been sentenced to hang.

According to spokesman Urbain Yameogo on behalf of the 10 civil society groups, 
all organisations engaged in the national coalition against the death sentence 
"have a firm conviction that the death penalty in our legal provisions is 
unconstitutional."

Yameogo said the groups was alarmed by the recent increase in death sentences 
in Burkina Faso.

He attributed this situation to the rise in large scale crime such as terrorism 
and other atrocious crimes that negatively influence public opinion against the 
push for abolition of death penalty.

Despite having the death penalty in its statute books, Burkina Faso has not 
hanged anyone since 1988.

However, 13 people are currently awaiting their execution after being sentenced 
to death.

The latest case occurred in July last year when an army officer was sentenced 
to hang after killing his ex-girlfriend.

In 2015, a bill proposing abolition of death penalty was introduced in 
Parliament by the then head of the National Transition Council Cheriff Sy.

The bill was supported by Burkina Faso Bar Association as well as civil society 
organisations.

"The best reward we can give to the country in the year 2016, which has been 
declared the African Year of Human Rights, with a Particular Focus on the 
Rights of Women, is to completely abolish death penalty," Yameogo said.

(source: iol.co.za)






BOTSWANA:

Death penalty here to stay - Ntuane


The Botswana Democratic Party (BDP) secretary general, Botsalo Ntuane says the 
death penalty will stay forever as long as his party is in power. Ntuane stated 
that although there are calls to stop the death sentence by the minority, many 
Batswana share the government's position on the matter.

"Capital punishment is here to stay. As a democracy we appreciate all views and 
opinions. This is what makes Botswana such a unique and indeed healthy 
democracy. However, we once again reiterate that under the BDP, capital 
punishment is here to stay," he said at a press conference Tuesday.

Ntuane said the BDP led government will continue the practice until Batswana 
say otherwise. Ntuane's comments follow the recent execution of Patrick 
Gabaakanye, which attracted criticism from some sections of human rights 
organisations. He said they note the minority voices speaking against the death 
penalty, but stressed that a vast majority of Batswana welcome it.

He challenged opposition parties to declare their position on the death penalty 
saying Batswana deserve to know if opposition parties are on the side of 
murderers or those whose lives have been cut short by the murderers.

"Batswana must know if the opposition parties are on the side of murderers, who 
after killing innocent citizens should continue to enjoy life, and not be put 
to death or if they, like the BDP are on the side of the victims of murder.

As the BDP, we stand on the side of victims of murder and their families hence 
our retention of capital punishment."

In Botswana, crimes and offences that are punishable by death include murder, 
treason (although not mandatory) and espionage. Under President Ian Khama's 
reign from April 2008 to date, Botswana has hanged 9 offenders.

(source: mmegi.bw)