[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 24



SRI LANKA:

Foreign Minister Calls on Leaders to Have Courage to Abolish Death Penalty


According to Foreign Minister Mangala Samaraweera Legislators and jurors in 
Asian states including Sri Lanka, where the death penalty is yet to be 
abolished are unwilling to take the necessary steps to abolish the death 
penalty.

Addressing the 6th World Congress against the Death Penalty at Opera House of 
Oslo yesterday the foreign minister said, "The unwillingness is expressed as 
they fear the knee-jerk reaction of a un-informed public opinion".

According to the Minister the common challenge faced by them today is 
persuading the respective people. Perhaps more importantly is having the 
collective courage to lead by acting.

However, changing public opinion is a time consuming and resource intensive 
process. And the evidence points out that, despite persistent advocacy, public 
opinion on the subject of the death penalty is relatively static in many 
countries.

Therefore, overcoming this key challenge requires an act of political courage.

According to the Minister, the Momentum is slowly building in Asia, where 
statistically more executions take place than anywhere in the world combined.

In South-East Asia the number of executions has declined significantly, in 
South Asia there have been both short and long de facto moratoria.

In 2007, twenty four Asian states voted against the UN Resolution on a Death 
Penalty Moratorium.

In 2014 that number had declined to 18.

The Minister added that Minister of Justice has informed Parliament that Sri 
Lanka will return to its traditional position of voting in favor of this 
resolution as it did in 2007, 2008 and 2010 and, more importantly, continuing 
with the 4 decades long de facto moratorium.

During his speech, the Minister pointed out occasions, where through history 
measures had been taken by Sri Lanka to abolish the death penalty.

(source: hirunews.lk)






MALAWI:

Malawi Parliament approves bill moved by MCP MP on stiffer penalties for albino 
killers


Members of Parliament (MPs) have passed a motion moved by Dowa East MP Richard 
Chimwendo Banda (Malawi Congress Party-MCP) to amend the Anatomy Act to attract 
stiffer penalties for perpetrators of abduction and killing of people with 
albinism.

Most MPs spokes in supported the bill, saying people found guilty of killing 
persons with albinism should be slapped with life imprisonment or face the 
death penalty.

Chimwendo Banda said the bill will help punish people involved in rituals and 
deter unauthorised possession of human tissues.

He noted that in view of the continued killing of people with albinism and 
cognisance of the fact that the current penal provisions aimed at deterring 
would-be offenders are not having the desired effect, the amended of the 
Anatomy Act would help deter all would-be offenders from committing such 
offences.

Salima North West MP, Jessie Kabwila (MCP) said the bills will demonstrate the 
kick-start of solving the problem of ritual murders.

"We don't have the luxury of waiting," said Kabwila.

"This is a bill which should have been passed yesterday," she said.

Mulanje South MP, Bon Kalindo who has been advocation for death penalty and 
earlier on marched 'half-naked' to push for the same, supported the bill.

"Time has come , we need to do something," he said.

Kalindo said the bill should be supported even by government despite 
originating from opposition lawmaker in a private members motion.

Minister of Justice and Constitutional Affairs Samuel Tembenu said the Anatomy 
Act is part of the larger Bill whose drafting has been concluded.

"We are developing a proper and appropriate legislation that will cover all 
issues," said Tembenu.

The minister added that the Disability Act, Human Trafficking, Child Justice 
Act and the Anatomy Act would also be amended in the Penal Code.

The faculty of law at the University of Malawi's Chancellor College recently 
faulted the Anatomy Act for the seemingly lighter sentences meted to 
perpetrators of crimes against people with albinism.

(source: nyasatimes.com)






BELARUS:

Belarus to attend PACE Committee on Political Affairs and Democracy session


MP of the House of Representatives of the National Assembly of Belarus, head of 
the National Assembly's delegation on contacts with the Parliamentary Assembly 
of the Council of Europe (PACE) Nikolai Samoseiko has gone to Strasbourg on a 
visit to the PACE headquarters, BelTA learnt from the House of Representatives.

The visit of the Belarusian MP will last until 25 June. Nikolai Samoseiko will 
take part in a meeting of the PACE Committee on Political Affairs and Democracy 
and the international seminar on death penalty.

Nikolai Samoseiko is also set to hold bilateral meetings with PACE 
representatives, foreign MPs and officials of the Council of Europe.

(source: Belarusian Telegraph Agency)






PHILIPPINES:

40 neophyte lawmakers take course on legislation


Some 40 neophyte lawmakers are prepared to pass legislative measures that would 
improve the socio-economic conditions of their constituents and protect human 
rights after completing yesterday the 4-day Executive Course on Legislation.

Actor-turned-Manila Representative-elect John Marvin "Yul Servo" Nieto, one of 
the "graduates", vowed to familiarize himself with the lawmaking process and 
pursue the passage of measures that would benefit the poor.

"I will work hard and push for the approval of the measures (ordinances) which 
I filed as a city councilor of Manila," he told reporters.

Nieto is one of the authors of the ordinance that strictly requires all law 
enforcement authorities to coordinate with the barangay and the city government 
before launching a legitimate operation. The ordinance was approved by the city 
council of Manila last year.

Ilocos Sur Rep.-elect Deogracias Victor "DV" Savellano, who was accompanied by 
his wife, actress Dina Bonnevie, said he would re-file a bill declaring his 
district as an economic zone.

He also pledged to actively take part in the budget process, citing Congress' 
crucial "power of the purse."

"The executive course is very helpful. We have to undergo this training even 
though we were experienced members of the Sangguniang Panlalawigan. My work now 
has a wider, national scope," Savellano, former vice governor, said.

Another member of the graduates, Bulacan Rep.-elect Jose Antonio "Jonathan" 
Sy-Alvarado, said he will seek the passage of the Magna Carta for the Poor to 
provide comprehensive assistance to his most needy constituents. The Magna 
Carta for the Poor was among the 80 bills vetoed by President Aquino.

Commenting on the proposed death penalty, Alvarado said he will consult his 
district leaders on this. "We are still gauging the sentiment of our 
constituents. The voice of my constituents matter so I will consult the leaders 
in the first district on this," he said

PROTECT HUMAN RIGHTS

Kabayan party-list Representative-elect Harry L. Roque will work for the 
approval of measures that would safeguard and protect human rights, even as he 
renewed opposition against President Durterte's proposed death penalty by 
hanging.

He said the criminal justice system should be further strengthened and that the 
law enforcement agencies should be reminded of observing the rule of law, while 
hunting down criminal suspects.

Roque, a human rights lawyer, will bat for the compensation of human rights 
victims including journalists massacred in Maguindanao in November, 2009 when 
the 17th Congress opens on July 25.

"We should protect human rights, the rights of journalists. We will pursue 
measures that will preserve and protect human life," he said.

He also registered his opposition against Mr. Duterte's plan to lower the 
minimum age for child prosecution from 15 to 12.

"It is difficult for me to decide whether I would join the majority because I 
am against the proposals of the incoming administration," he said.

(source: Manila Bulletin)

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

Rody gov't promises 'conversation' over death penalty


The call for the restoration of the death penalty by president-elect Rodrigo 
Duterte would likely spark a debate on the morality and practicality of 
imposing extreme punishment, incoming presidential spokesman Ernesto Abella 
said yesterday.

Abella, a former pastor, said he expects critics and supporters of capital 
punishment to have a "conversation" about the issue.

When asked how Duterte intends to push for the death penalty in a predominantly 
Catholic country, Abella said: "I'm sure there will be conversation regarding 
that. The conversation has to go through a process.

"Definitely there is a goal and the law must be imposed and implemented to its 
full powers, to its full limits," he added.

"There is law and it is a deterrent. But if the law is broken, there should be 
order."

Abella noted the statements made by Pope Francis regarding capital punishment.

Francis said in a video message on Tuesday that capital punishment is an 
offense to life, contradicting God's plan and serves no purpose for punishment.

Francis sent a video message to an anti-death penalty congress in Norway, 
expressing his opposition to the death penalty.

Abella, however, believes the pope was not singling out the Philippines when he 
issued the statement against the restoration of the death penalty.

"I don't know if it is in direct reference to the government's position. Is it? 
I don't think it was," he said. "In general, as you very well heard RRD 
(Duterte) in his speech in Sarangani, he did say his view on death penalty is 
that it is retribution. It is clear where he stands," he added.

Pope Francis maintained that the death penalty goes against God's plan and 
applies to both the guilty and the innocent.

The leader of the world's 1.2 billion Catholics also stressed that capital 
punishment promotes vengeance rather than justice.

"It must not be forgotten that the inviolable and God-given right to life also 
belongs to the criminal," the pope said in a video message sent to delegates of 
the 6th World Congress against capital punishment in Oslo.

"Indeed, nowadays, the death penalty is unacceptable, however grave the crime 
of the convicted person," the pontiff added.

A total of 140 nations, including the Philippines, have abolished the death 
penalty. This may change soon, however, as the revival of capital punishment is 
a priority of the incoming Duterte administration, which has vowed to suppress 
crime in 3 to 6 months.

The death penalty was scrapped in 1987 during the presidency of Corazon Aquino 
but was revived 6 years later under her successor Fidel Ramos. Crimes that were 
punishable by death include kidnapping, murder, drug trafficking and rape.

Capital punishment was abolished anew in 2006 under then president Gloria 
Macapagal-Arroyo, a devout Catholic.

Duterte, who claims to be a believer of God but not of religion, said the death 
penalty is more of a retribution for criminals rather than a deterrent.

"Death penalty to me is the retribution. It makes you pay for what you did," he 
said.

Duterte will have at least 2 former preachers in his Cabinet. They are Abella, 
who founded the religious group The Jesus Fellow Inc., and former rebel priest 
turned mayor Leoncio Evasco, who will serve as secretary to the Cabinet.

(source: Philippine Star)






INDONESIA:

Beware, death penalty is an addictive policy


The World Health Organization defines addiction or dependency as a complex 
health condition that often requires long-term treatment and care. Sadly, that 
is the case with Indonesia's policy on drug crimes.

To address the global problem of drugs, world leaders and activists gathered on 
April 19-21 at the UN General Assembly Special Session on Drugs in New York. 
Most countries represented moved from criminalization to decriminalization for 
personal possession or use. Some opted to regulate drug markets for certain 
types of drugs, mostly marijuana. Almost all delegates from the EU, Latin 
America, UN organizations and the special rapporteurs against torture and the 
right to health agreed to abolish the death penalty for drug offenders.

However, Indonesia was steadfast in preserving the death penalty as an 
effective measure to deal with drug problems. This stance marks not only a 
setback in Indonesia's commitment to human rights, but also a flawed reasoning 
to protect the country from drug trafficking.

Indonesian academics are among those appealing for evidence-based policymaking 
and the priority for public health in addressing drug problems, as they wrote 
in the Lancet medical journal last year. However, the current government has 
decided to start a new wave of executions of death row convicts, mostly drug 
traffickers.

The state indeed needs strong efforts in law enforcement and public health to 
reduce the negative consequences of drug trafficking. However, claiming that 
waging a war on drugs through executions is a powerful strategy to eliminate 
drug trafficking is even more dangerous. The excessive use of executions only 
demonstrates the country's failure to control drug problems.

National Narcotics Agency (BNN) chief Comr. Gen. Budi Waseso admitted the 
failure, saying that despite the executions, the number of drug use cases 
increased from 4.2 million in June 2015 to 5.9 million in November 2015.

The UN has called for the abolition of the death penalty for drug offenses due 
to the lack of a threshold to fulfill the "serious crime" category, based on 
the International Covenant on Civil and Political Rights.

>From 1979 to 2008 Indonesia executed at least 60 convicts, mostly convicted 
murderers and terrorists. Since 2014, executions were performed on drug 
convicts based on the drug emergency narrative. Death sentences have been on 
the rise without a guarantee of when and how this policy will be evaluated 
objectively and stopped if the policy goes wrong.

The war on drugs is an abstract reason for a state to deal with real problems 
in society where corruption, poverty, racism and marginalization of its own 
people are rampant. Drug trafficking may not disappear, but the crimes should 
be governed in an orderly way.

The disproportionate use of the death penalty requires scrutiny. In previous 
death sentences such as for Mary Jane Veloso of the Philippines, Rodrigo 
Gularte of Brazil and Indonesian Zainal Abidin, there was substantive evidence 
to show that capital punishment undermines the rule of law. Drug mules are at 
the highest risk under Indonesia's death penalty policy, rather than the drug 
kingpins.

Human rights outline principles, standards and guidelines to create a clear 
measure for a state to be able to fulfill its objectives. However, human rights 
are absent in Indonesia's drug policy framework. We have lost the capability to 
assess the real situation concerning drug abuse and thus have reacted 
irresponsibly.

Having assessed the characteristics of dependency, we could assume that 
Indonesia has faced the serious problem of failing to tackle drug offenses. The 
death penalty is seen as a quick fix and we have become addicted to it.

A better way to address addiction is proper and appropriate treatment. We can 
begin the treatment by setting sufficient guidelines and patiently educating 
ourselves to become aware of our own problems. We need to reform our drug 
policies and laws and transform them into scientific-based and proper 
evidence-based ones. In so doing we can capture the real underlying problems of 
drug offenses.

The treatment needs to be tested, assessed and renewed regularly in order to 
adequately represent reality.

Above all, respecting human rights is the key to achieving good results. 
Whatever drug policy approach we choose, human rights should be the mirror for 
us to set standards and principles.

Hopefully, we can stop the addiction to the death penalty in the long run.

(source: Asmin Fransiska; The writer is a senior lecturer in human rights at 
Atma Jaya Catholic University's School of Law in Jakarta and a PhD researcher 
at Justus Liebig University, Giessen, Germa----The Jakarta Post)






INDIA:

President Mukherjee rejects mercy plea of 2 convicts of 2007 Jharkhand 
massacre----Death sentence was given to all the accused in the Jharkhand murder 
case that happened 9 years ago


The mercy plea of 2 convicts, who killed 8 members of a family including a 
physically disabled youth in Jharkhand nearly 9 years ago, has been rejected by 
President Pranab Mukherjee. The President has rejected the plea of the 
convicts-- Mofil Khan and Mobarak Khan, officials said on Thursday.

The duo had in June 2007 killed Haneef Khan with sharp-edged weapons when he 
was offering prayers at a mosque in Makandu village under Lohardaga district in 
the state. After killing him, they murdered his wife and his 6 sons which 
included the disabled youth. A case was registered by the local police against 
Mofil and Mobarak and 2 other assailants.

Following the probe, a local court there had given death sentence to all the 
accused. However, the Jharkhand High Court had upheld death penalty to Mofil 
and Mubarak and modified the sentence to life term for the 2 others. The 
Supreme Court in its final judgement in October 2014 also upheld the death 
penalty given to the convicts.

A mercy petition was then filed before the President through the Home Ministry. 
The plea, which was received in December last year at the President's 
secretariat, seeking mercy has been rejected by Mukherjee, they said.

After taking over as the President in July 2012, Mukherjee has rejected 26 
mercy pleas so far including those of 26/11 terror case convict Ajmal Kasab and 
1993 blast case convict Yakub Memon. The death sentence in 2 cases has been 
commuted to life by the President.

2 mercy petitions of Jeetendra Gehlaut alias Jeetu, convicted for killing5 
women and 2 children during a robbery in Maharashtra, and Shabnam, who was 
convicted for killing 7 members of her family at Amroha in Uttar Pradesh, are 
pending with the President.

(source: dnaindia.com)