[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 10



INDONESIA:

Gulberg massacre case: Court defers quantum of punishment till 
Monday----Earlier on Monday, prosecution had sought death penalty for all the 
24 people convicted for the gruesome killings.


The special SIT court hearing the 2002 Gulberg Society massacre is expected to 
fix the date on Monday, for pronouncing the quantum of punishment for 24 
convicted in connection with the killing of 69, people including former 
Congress MP Ehsan Jafri.

After arguments over the sentencing of the 24 convicted in case came to an end, 
after the final submission submitted by prosecution on Friday, the special SIT 
court Judge P B Desai adjourned the hearing to June 13 - when he is expected to 
fix the date for handing out the quantum of punishment.

During arguments, special public prosecutor and SIT counsel R C Kodekar 
submitted documents as evidence showing various Government Resolutions 
regarding the compensation to be given to the survivors and relatives of 
victims of Gulberg.

However, the court was not fully convinced with the submissions and said that 
there exists no straight jacket formula to decide about the compensation in 
such cases.

"Compensation to whom? on what basis? to what extent ? It's not as simple as 
you are demanding. How long we will drag this case?" asked the judge.

Demanding harsher punishment, Kodekar told the court that the case falls in the 
category of "rarest of rare" and the quantum of punishment should serve as a 
message to the society that such acts will not be tolerated.

Earlier on Monday, prosecution had sought death penalty for all the 24 people 
convicted for the gruesome killings. The defence lawyers had however sought 
lenient punishment for the guilty.

On Friday, the prosecution was given a chance to counter arguments put up by 
the defence counsel. To emphasise his view about giving stricter punishment, 
Kodekar told the court that those involved in the ghastly act of killing the 
residents of Gulberg were either known to them or their neighbours, not 
terrorists. "There is difference between a terrorist act and an act of murder 
by the neighbours. Yakub Memon, Afzal Guru and Kasab were either terrorists or 
supporters of an alien country's notions. In this case, I can say that 'Bhai ne 
bhai ko mara' (brother killed his brother). They were friends and neighbours of 
the victims," said Kodekar.

Though the court had already ruled out the conspiracy angle in its earlier 
judgement, Kodekar maintained that the convicts had decided to kill the 
minority community residents of Gulberg "from the very first moment".

"Witnesses said that the mob were chanting 2 slogans"Jai Shri Ram and "Kill 
Muslims". They surrounded the society from all sides. It shows that they have 
already made up their minds to kill Muslims" submitted Kodekar, who urged the 
court to award punishment of life until death, if not the capital punishment, 
to the convicts.

(source: Indian Express)






PHILIPPINES:

Death penalty may be here by Oct - Koko


There is big chance for the Senate to pass a measure that would pave way for 
the revival of the death penalty in the country, and presumptive Senate 
President Aquilino "Koko" Pimentel 3rd expects to have it passed by October 
this year.

According to Pimentel, the proposal seeking to reimpose capital punishment is 
set to be filed on July 25, the opening of the first legislative session of the 
17th Congress, and have it referred to the Committee on Public Order and 
Dangerous Drugs.

The committee will then conduct a series of consultations and public hearings 
by August, introduced it to the plenary by September and pass it on 3rd and 
final reading by October.

"Theoretically, Yes," Pimentel said, when asked if it is possible for the 
Senate to pass the death penalty proposal in 3 months.

The reimposition of the death penalty is one of the priority measures of 
incoming President Rodrigo Duterte.

Duterte, in a recent news conference, said he would ask lawmakers to approve 
the capital punishment for heinous crimes, such as drug-related offenses and 
rape.

But aside from reviving the death penalty, he wants the punishment carried out 
through hanging.

Incoming Sen. Panfilo Lacson in a separate text message said it is possible for 
the Senate to pass the proposal reimposing the capital punishment but not 
within the suggested timeline of Pimentel.

Also, Lacson added that he is for the revival of the death penalty but not in 
the manner Duterte wants it to be carried out.

He said aside from the capital punishment being inhumane, he does not want the 
people to witness medieval age-like executions even of the most notorious 
criminals.

Lacson, based on an initial list of Senate committee chairmanships released by 
Sen. Vicente Sotto 3rd on Thursday, will be heading the Committee on Public 
Order and Dangerous Drugs.

"What I can assure them is that once the bill is referred to the Committee on 
Public Order and Dangerous Drugs assuming that it will be the designated 
committee, and again, assuming that I will chair the same, I will conduct 
continuous public hearings and floor deliberations until [they reach their] 
logical conclusion," he said.

Lacson added that the final version will depend on the issues involved and how 
firm his colleagues would stand on the matter.

Several lawmakers have expressed their respective positions on the issue and 
while some are not in favor of the death penalty, they remain open to study the 
proposal to revive it.

Senator Juan Edgardo Angara said he is willing to study the proposal but, for 
him, the only way to deter crimes is through "ensuring certainty of arrest and 
prosecution."

Sen. Ralph Recto said he is against the capital punishment.

He, however, added that he might reconsider his position if majority of his 
colleagues would support the proposal.

"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 on 
Friday.

Outgoing Senate President Franklin Drilon said the he is against the 
reimposition of the death penalty but he is willing to listen.

"Personally I am against it because basically, I see an imperfect justice 
system where errors can be committed ... I am willing to listen because there 
are very strong proponents on both sides. We will come to a final decision when 
it goes to the floor for a vote," Drilon added.

Sen. Francis Escudero, who is likely to take the Senate minority leader post in 
the next Congress, is against the capital punishment, noting that it fails to 
recognize that guilty people have the potential to change, denying them the 
opportunity to rejoin society.

(source: Manila Times)

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

Chief Justice Sereno reminds Duterte: Legislation needed to restore death 
penalty


Chief Justice Maria Lourdes Sereno on Friday reminded President-elect Rodrigo 
Duterte that restoring the implementation of capital punishment or death 
penalty requires an act of Congress.

Sereno said this following pronouncements from the president-elect that he 
plans to implement this measure for heinous crimes including robbery with rape 
within the next 6 months, and carry out at least 50 executions a month to deter 
crime.

"I think our leader is realistic enough to know that the legislative process 
must be undertaken before he can even implement death penalty by hanging," 
Sereno told reporters after delivering a speech at the Supreme Court's founding 
anniversary.

"Let's see. Congress is soon to open, and the political will and the logic of 
such a move, those will be maybe evident in the months to come," she said.

Sereno assured the public that the judiciary would ensure that the 
constitutionally identified values of the people are upheld.

The chief justice said she was eager to "see in what way that objectives of the 
government within the parameters of the Constitution can be met."

Until such move from Congress to restore the death penalty is made, Sereno said 
the only thing the Supreme Court can do is keep mum on the matter.

"Our role only comes in when a controversy is before us. Before that, we need 
to, as you already know, maintain our silence," she said.

Key allies of Duterte have already expressed confidence in getting support from 
the legislature for his planned reforms, especially after successfully sealing 
alliances with several political parties to form what they termed as a "super 
majority" in Congress.

The incoming president's camp had claimed more than 200 of the 290-member House 
of Representatives are now on Duterte's side while at least 17 out of 24 
senators indicated their support for the incoming administration which will 
take power on June 30.

Duterte's allies see the "super majority" giving a boost to Duterte's plans to 
shift the form of government from presidential to federal, relax restrictions 
on foreign ownership of certain businesses, and re-impose the death penalty for 
heinous crimes.

But Sereno insisted: "Until that is a law, it does not yet become a justiciable 
matter, and even if it becomes a law, of course, you already know the 
requirements before a justiciable matter ripens, is before us. Until then, we 
will really need to be, uh, keep our peace on this and observe."

The 1987 Constitution prohibited the death penalty but allowed Congress to 
reinstate it "hereafter" for "heinous crimes" making the Philippines the first 
Asian country to abolish capital punishment.

President Fidel V. Ramos promised during his campaign that he would support the 
re-introduction of the death penalty in response to increasing crime rates.

A new law, drafted by Ramos' allies in Congress, restored capital punishment by 
defining "heinous crimes" as everything from murder to stealing a car.

Executions resumed in 1999, starting with Leo Echegaray, who was put to death 
by lethal injection under the Estrada administration.

Incidentally, it was in the Echegaray case when Duterte's ally, Martin Dino, 
initially shot to national prominence for acting as the guardian of Echegaray's 
daughter and victim.

Republic Act 9346 signed by President Gloria Macapagal Arroyo in 2006 suspended 
the imposition of capital punishment.

(source: gmanetwork.com)