[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 22



VIETNAM:

A 73-year-old Aussie woman has had her death penalty reduced to life in Vietnam


An appeals court in Vietnam has commuted the death sentence of a 73-year-old 
Australian woman convicted of heroin trafficking.

The online state media outlet Vietnamnet quoted the People's High Court in Ho 
Chi Minh City as citing Nguyen Thi Huong's sincere confession and age for 
granting leniency. The sentence was reduced to life in prison at the appeals 
trial on Monday.

Court officials were not available for comment on Tuesday.

Huong was sentenced to death in June after being convicted of trafficking over 
a kilo of heroin.

She was arrested in December 2014 when checking in for a flight to Australia 
after the heroin was found hidden in 36 bars of soap in her luggage.

The court originally ruled that the offence was "extremely dangerous to the 
community" and found her guilty. She would have faced death by lethal 
injection.

Huong has always maintained her innocence saying the bars of soap were given to 
her and she planned to take them back to Australia as gifts for family not 
knowing what was inside.

Vietnam has some of the world's toughest drug laws where trafficking even small 
amounts of heroin is punishable by death.

(source: ntnews.com.au)






MALAYSIA:

Death sentences reduced to 20 years by Malaysian court


2 Turkish Cypriots, who appealed death sentences imposed on them last year in 
Malaysia for drug offences had their punishments reduced to 20 years' 
imprisonment, the foreign ministry announced on Tuesday.

"The supreme court of Malaysia, met yesterday, November 21, 2016 to hear the 
appeal of Cypriot nationals Mehmet Ucaner Oktay and Muhammet Osman, against the 
death penalty imposed on them by the first instance court following their 
arrest for possession and drug trafficking," a statement from the foreign 
ministry said.

"The supreme court quashed the first instance judgment, and instead condemned 
the said persons to 20 years in prison. 1 of the 2 was also sentenced to 10 
lashes."

The ministry said the sentences will run from November 5, 2011, the date on 
which the pair, said to be aged 67 and 57, were arrested at Kuala Lumpur 
Airport after arriving on a flight from Dubai. They have been in prison since 
then after being found to be in possession of a large quantity of unspecified 
drugs, found in their luggage.

The initial court decision, in April last year, ruled they be hanged for their 
crimes, with the death sentence being mandatory for those found guilty of drugs 
trafficking in Malaysia.

"From the time of their arrest, until the final decision, full consular 
assistance was provided by the foreign ministry, which included frequent visits 
to prisons by consular officers of the high commission of the republic in New 
Delhi, financial and psychological support, and most importantly, the 
delegation of a suitable law firm for their defence, which resulted in the 
result reported," the statement continued.

"The ministry of foreign affairs and particularly the high commission in New 
Delhi had, throughout the judicial process excellent cooperation both with the 
prisoners themselves and their families and with their defence lawyers. It is 
noted that the handling of the whole matter took into account the seriousness 
of the offence for which both Cypriot nationals were accused, but also the 
principled position of the republic against the death penalty."

(source: cyprus-mail.com)






SUDAN:

Apostasy and blasphemy laws curtail freedoms


The fate of the 2 Sudanese pastors facing espionage and apostasy charges in 
Sudan remains unknown, despite some movement in the case.

Open Doors, the charity that serves persecuted Christians around the world, 
reports that after many delays this year, lawyers have finally been able to 
begin their defense of the 4 men - 2 Sudanese pastors, a Czech aid worker, and 
a 3rd Sudanese man. Middle East Concern sources note multiple postponements, 
with no updates coming from the November 21rst hearing. The 4 are accused of 7 
charges, including waging war against the state and spying, and face the death 
penalty if convicted.

It seems like an unusually harsh penalty, and yet Sudan is one of 12 countries 
in the world where there are both apostasy and blasphemy laws in force.

It's a diverse nation, especially where Arabic culture meets African culture. 
Islam became more prevalent when Sudan and South Sudan separated, with the 
North becoming 90 % Muslim. According to the Joshua Project, 5 % of the 
population in Sudan is considered Christian, with just .39 % claiming to be 
evangelical. The rest are animists, adds 'K'*, a man who advocates for 
religious freedom in the Muslim world.

'K' says it would be unfair to consider Sudan an Islamic country. "If you say 
it is an Islamic state, there is no place for non-Muslims. Faith is nothing you 
can force on anybody. Faith actually has to come from the heart. If it doesn't 
come from the heart, God will not accept it."

However, many others like 'K' who follow Christ in Sudan have been tortured, 
lost their dignity, or their liberty. Because although they may share the same 
faith as many in our own country, they do not share the freedom experienced by 
those in the West.

'K' explains, "It is in the laws of the countries that it's a death sentence 
for apostates. An apostate is anybody who leaves Islam, and also for 
blasphemers. If you say, for example, you don???t believe in Muhammad (the 
prophet of God), you are also sentenced to death."

What does this mean for those who live in relative religious freedom?

Irish philosopher Edmund Burke said it best: "The only thing necessary for the 
triumph of evil is that good men should do nothing." Together, we can work to 
give Muslim people the freedom to change their faith, to live out and practice 
their new faith, and to experience freedom, justice, and equality in their 
homeland as non-Muslims. The first thing 'K' notes is true empowerment does not 
come from human means, but through Christ alone.

Acknowledging that, what more can we do? We can create awareness of the 
situations of former Muslims in Islamic countries around the world. Many are 
unaware of what happens to the person who leaves Islam. These people face loss 
of job and family, discrimination, sometimes torture and imprisonment and even 
death. In countries like Egypt, Libya, and Syria, they have no legal rights. In 
others, like North Sudan, Afghanistan, and Saudi Arabia, conversion from Islam 
is illegal and punishable by death.

Share the stories you come across from advocacy groups like Voice of the 
Martyrs, Open Doors, Middle East Concern and other similar ministries. They are 
part of an international network of individuals, churches, and organizations 
working for the freedom of converts from Islam to live and practice their new 
faith, to experience equality and justice in their home countries.

"Christians, through the centuries, have played an important part," says 'K'. 
"For example, to take away slavery, we have Wilberforce and Dr. Martin Luther 
King, Jr. So we need, as a Church, to stand for justice and for equality and 
for freedom. We have a responsibility to do that."

The Bible calls us to be a voice for the voiceless. Blasphemy and apostasy laws 
affect 1.3 billion people. 'K' urges us to pray, "...that these laws would be 
abolished, that people would have the freedom to follow their own belief, and 
have the freedom to leave Islam and to practice their new beliefs and exist, 
and have true civil rights."

Pray for the release of prisoners accused of apostasy and blasphemy. Ask God to 
make His presence and peace known to both prisoners and their families. Pray 
for the oppressors to experience God's love and forgiveness and for a change of 
attitude towards former Muslims in Islamic countries.

*For security purposes, we've elected to identify this advocacy worker by his 
first initial only. The name of the ministry he is connected to was also not 
revealed so their work can continue.

(source: Mission News Network)






THAILAND:

CDC backs down on death penalty plan


The Constitution Drafting Committee (CDC) bowed Monday to widespread criticism 
of a proposal for the death penalty for politicians convicted of selling or 
buying political positions, saying life imprisonment will be worded into the 
organic law on political parties as an alternative.

CDC chairman Meechai Ruchupan said the panel has noted the criticism, mostly 
from politicians, and agreed to include life imprisonment as an alternative to 
the death penalty. He insisted the law is better having the death penalty.

"If you look at other laws including those passed last year, the death penalty 
remains the ultimate punishment -- narcotics, rape, or human trafficking. 
Junior government officials who commit corruption offences also risk the death 
penalty. I think we'd better keep it there," he said.

Earlier, Mr Meechai said the death penalty was aimed at deterring corrupt 
people from getting involved in politics and discouraging the buying of 
ministerial positions.

One of the staunchest critics of the proposal is Democrat Party leader Abhisit 
Vejjajiva who said he has no objection to penalties for corruption being made 
more severe, but he does not support capital punishment under these 
circumstances.

Another is National Legislative Assembly (NLA) deputy chairman Peerasak Porjit 
who said he is not in favour of the death penalty, saying the measure is simply 
too harsh.

Mr Meechai also said he does not mind if the NLA makes changes to the draft 
organic laws prepared by the CDC during scrutiny, but stressed that changes 
must not contradict the constitution adopted in the referendum.

A joint committee will be set up to scrutinise the draft laws if the NLA and 
the CDC disagree on key issues that are deemed against the new constitution or 
are likely to cause problems once enforced, he said.

On the tenure of members of independent bodies, the CDC chairman said the 
panels asked to select members of independent organizations will have the final 
say if the current members should stay on or go.

He dismissed criticism that stringent qualification rules for serving on ublic 
indpendent organizations are aimed at forcing current members to quit.

"They should accept it and live with it. This is because the charter writing 
process was open and transparent. Moreover, the charter contents were endorsed 
in the public referendum," he said.

Mr. Meechai said that the charter does not allow or require existing members to 
complete their terms because the independent bodies under the new charter have 
more powers and responsibilities, so their members must meet new qualification 
criteria.

"We didn't consider the qualifications of each individual member during the 
process of charter writing. We are concerned that when the independent bodies 
are given more powers to proceed with national reform, higher-calibre people 
are needed for the work," he said.

(source: Bangkok Post)



SINGAPORE:

Form 5 student nabbed for possession of 1,730 stimulant pills, faces death 
penalty


A 17-year-old here was arrested for possession of 1,730 stimulant pills worth 
RM 17,300.

District police chief Superintendent Mohd Zamri Mohd Rowi said a narcotics team 
raided the Form Five student's home at Kampung Gong Penaga here following a 
tip-off on Thursday at 6.15pm.

He said the suspect, who tested negative for drugs, lives with his grandmother, 
and has been involved in distributing drugs since March.

"During the raid, the suspect panicked, and attempted to chuck a packet of 
stimulant pills out the window," he said yesterday.

"Later, the suspect led the police team to the kitchen area where a packet of 
1,600 stimulant pills was found," he said today.

Zamri said the teen was taken to the Kuala Besut police station for further 
investigation under Section 39B of the Dangerous Drugs Act for trafficking.

If convicted, the suspect could face a mandatory death sentence.

"Initial investigations show that the suspect has been selling drugs in the 
Jertih and Gong Penaga. Fortunately, he has not been distributing drugs at his 
school," Zamri added.

(source: New Straits Times Online)

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

Drug trafficker who was hanged given every chance to fight death sentence: 
Appeal Court


Convicted drug trafficker Chijioke Stephen Obioha, who was hanged last Friday, 
was given every chance to fight his death sentence, including applying for 
re-sentencing, explained the Court of Appeal in judgement grounds released on 
Tuesday (Nov 22).

Instead, the Nigerian decided not to be re-sentenced, and launched an 11-hour 
bid last week to stay the execution by arguing that that the 8 years he spent 
on death row amounted to cruel and inhuman punishment.

Highlighting that this latest argument could have been brought up at earlier 
hearings over the last year, the Appeal Court said the 11th-hour bid's only 
purpose was to prevent the carrying out of his sentence, and amounted to an 
abuse of process.

Chijioke, 38, was found guilty and sentenced to death on Dec 30, 2008 for 
trafficking in 2,604.56g of cannabis here. His appeal was dismissed in 2010. 
When the review of the mandatory death penalty was conducted between 2011 to 
2013, Chijioke was given a stay of execution. For 2 years after, he was given a 
chance to be re-sentenced under the new regime which gives judges the 
discretion not to impose the death penalty.

He repeatedly refused to do until a sudden U-turn in May 2015, after he lost a 
last-minute bid to overthrow his conviction. After several hearings his 
re-sentencing, he abruptly withdrew his application in August this year.

On Oct 12, he was informed that his stay of execution would be lifted on Oct 
24, and that he had till Oct 21 to show there was a good reason not to. 
Instead, he filed his latest claim on Nov 16.

Wrote Judge of Appeal Andrew Phang, who sat in the Appeal Court alongside Judge 
of Appeal Tay Yong Kwang and Judicial Commissioner Hoo Sheau Peng: "A moment's 
reflection will reveal that, quite apart from there not being any cruel, 
inhuman or degrading punishment, the applicant has been guilty of an abue of 
process, as we have already stated."

(source: straitstimes.com)






JAPAN:

Lawyers debate Japan's capital punishment system at EU-organized symposium

2 prominent lawyers, one for the death penalty and the other against it, held a 
heated debate last Thursday at a symposium in Tokyo that sought to deepen 
discussion on Japan???s capital punishment system.

Yuji Ogawara, a Tokyo-based lawyer, contended that the death penalty should be 
abolished because of the possibility of a miscarriage of justice.

"In Japan, a suspect is interrogated, for example, by investigators without a 
defense lawyer present," he said. "Given the shortcomings of a judicial system 
handled by human beings, wrong judgments cannot be avoided."

He cited the exoneration of four death-row inmates through retrials in the 
1980s. In 2014, another death-row inmate was released following 48 years behind 
bars after a court reopened his case. The decision has been appealed by 
prosecutors.

Ogawara, secretary-general of a Japan Federation of Bar Associations committee 
that seeks a moratorium on capital punishment, also said that a democratic 
society that respects human rights and justice cannot cling forever to a 
punishment system that allows some offenders to be killed.

Ogawara was involved in drafting a declaration by the Japan Federation of Bar 
Associations seeking the abolition of the death penalty by 2020.

The symposium was organized by the Delegation of the European Union to Japan 
following that declaration, and was attended by around 120 people. The European 
Union regularly releases statements of protest after executions in Japan.

Countering Ogawara, Masato Takahashi, vice president of the National 
Association of Crime Victims and Surviving Families, said those victimized by 
murders "want offenders to pay for their crimes with death."

Their feelings of retribution must be satisfied legally, Takahashi argued.

"Criminal courts were controlled by judges, prosecutors, defense counsels and 
defenders, while victims and bereaved families were kept out of the loop and 
were used merely as 'evidence' to be examined," he said. "But they are now 
guaranteed the opportunity to raise their voices in court. ... It is their 
right to demand that the state hang offenders on their behalf."

Japan introduced the lay judge system in 2009, in which a panel of 6 citizens 
and 3 professional judges deliberate serious crimes, including capital cases.

Given that development, calls have grown that the government should disclose 
more information on the execution process, including the process by which the 
order of executions is decided.

The secrecy surrounding executions in Japan has been criticized at home and 
abroad, with neither death-row inmates nor their lawyers and families being 
given advance notice of hangings. It also remains unclear what criteria 
authorities use in deciding when inmates are to be executed.

"We need to promote further debate on capital punishment as part of our effort 
to create a better society, and we need to have more information for that 
purpose," Ogawara said.

After the Japan Federation of Bar Associations last month adopted the 
declaration calling for abolition of the death penalty, the government executed 
a death-row inmate on Nov. 11 - the 17th execution in the almost 4 years since 
Prime Minister Shinzo Abe came to office in December 2012.

After the hanging, the EU Delegation issued a statement, together with the 
heads of mission of EU member states and the heads of mission of Norway and 
Switzerland, noting, "We hold a strong and principled position against the 
death penalty and we are opposed to the use of capital punishment under any 
circumstances."

While a government survey shows more than 80 % of the people support capital 
punishment, Japan has faced international criticism, with the U.N. Human Rights 
Committee in 2014 urging Japan to "give due consideration to the abolition of 
the death penalty."

"I think Japan should make efforts to maintain international solidarity with 
other nations sharing the same democratic values, including those in the 
European Union, rather than keeping the death penalty," Ogawara said.

(source: The Japan Times)