[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Thu Sep 8 07:00:26 CDT 2016




My regular postings to this listserve will resume on Sunday, Sept. 11



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Sept. 8





JAPAN:

Final appeal relating to Tokyo subway sarin attack dismissed by Japan's High 
Court


It has been 21 years since 5 men released the deadly nerve agent in carriages 
of crowded commuter trains during Tokyo's morning rush-hour.

Twelve people died, 50 people were left permanently injured, and thousands of 
others were temporarily blinded by the gas.

The perpetrators were all members of a religious cult known as Aum Shinrikyo, 
which means "supreme truth".

The cult had prepared for the attack at a remote sheep station it owned in 
Western Australia.

The sarin gas attack in Tokyo is regarded as the first ever use of a weapon of 
mass destruction in an act of terrorism.

The perpetrators of the crime thought they were carrying out a holy act in line 
with the beliefs of the doomsday cult.

The prosecutors of the criminal trials believe that day was chosen to divert 
the attention of police who were planning a raid on the cult's headquarters.

The head of the cult, Shoko Asahara, was found guilty of masterminding the 
attacks in 2004 and sentenced to death by hanging, but his execution was 
postponed while the appeals of his fellow criminals were heard.

He is now 61 years old and spends his days in solitary confinement.

Hiromi Shimada, the author of a book about Aum Shinrikyo, said the next 
question would be when the 13 men facing the death penalty would go to the 
gallows.

"Since there are so many of them, I think it'll be difficult to execute all of 
them at once," he said.

"The Minister of Justice has to make the decision but it can't be carried out 
just by the minister's decision.

"I think the Government has to be involved also, so it's hard to the think the 
executions will happen all at once."

Cult leader's execution may be delayed

The gas attack crime in 1995 did not turn the cult's followers away from the 
faith.

Asahara devised the religion in his one-bedroom flat in Tokyo and based his 
teachings on a mixture of Buddhism and Hinduism and declared himself to be the 
Christ.

After his imprisonment, Aum Shinrikyo split into 2 distinct groups, and the 
Japanese Government now regards those groups to be branches of what it calls a 
dangerous religion.

Some say the execution of the leader Asahara might now be delayed by the 
Government to prevent him being seen as a martyr by the remaining devotees.

Hiromi Shimada said very little was known about Asahara's condition in jail.

"We hardly hear what's going on inside the prison so I don't know in detail, 
but his daughter has published a memoir and wrote that perhaps her father has 
schizophrenia," he said.

"I think his mental condition has become worse over time."

Support for the death penalty in Japan has been falling over the years and 
there are usually only 2 or 3 executions carried out each year, and those are 
reserved for criminals who have committed multiple murders.

Asahara and his fellow perpetrators join about 100 other criminals who 
currently wait on death row.

(source: abc.net.au)






SOUTH KOREA:

Ruling party lawmaker seeks to apply death penalty for military corruption


A lawmaker from the ruling Saenuri Party proposed a new bill on Thursday to 
classify military-related corruption as a form of aiding and abetting the 
enemy, paving the way for courts to hand out stricter punishment including the 
death penalty.

Under South Korean law, any action benefiting the enemy can land a person in 
jail for at least f5 years, with more serious offences leading to capital 
punishment.

"Irregularities in the military have an adverse impact on national defense that 
leads directly to the safety of the people," Rep. Sin Sang-jin said, adding the 
existing system cannot sufficiently root out military-related corruption due to 
ineffective punishment.

The public has been speaking out on bolstering punishment for those involved in 
military-related corruption, especially amid increasing threats from Pyongyang.

The 2 Koreas remain technically at war to this day, since the Korean War 
(1950-53) ended in a ceasefire, not a peace treaty.

(source: Yonhap News)






UNITED KINGDOM:

Andy Tsege: High Court rejects 9-year-old's plea for UK to bring back British 
father kidnapped by Ethiopia----Exclusive: Father faces death sentence on 
terror charges 'that would not stand up in UK court'


The High Court has rejected the case of a 9-year-old British girl demanding 
Theresa May's government do more to help her father, who has been kidnapped by 
the Ethiopian authorities and now faces an impending death sentence.

British officials have failed to intervene in the case of Andargachew Tsege, 
known as Andy, a father of 3 from London who was granted political asylum in 
the UK in 1979 and has lived in Britain ever since. He was abducted in June 
2014 while on route to visit Eritrea, and in July 2015 moved to the infamous 
Kality prison outside Addis Abiba, dupped "Ethiopia's gulag".

Lawyers for Andy's daughter, Menabe Andargachew, 9, began judicial review 
proceedings earlier this year against the Foreign Office (FCO) over 
ministers??? handling of the case.

But according to the rights group Reprieve which has been assisting Andy's 
family, at a hearing on Wednesday afternoon High Court judges ruled in the 
government's favour.

Maya Foa, director of the death of penalty team at Reprieve, told The 
Independent: "Andy Tsege is the victim of a series of terrible abuses at the 
hands of the Ethiopian government - from kidnapping to rendition and illegal 
detention under an in absentia death sentence.

"Over 2 years into this British father's ordeal, it's deeply concerning that 
the Foreign Office has not asked for his release - and today's ruling comes as 
another blow to his desperate family. One thing remains clear - the FCO 
urgently needs to change its strategy, so that Andy can return to his family in 
London."

A political dissident in his time in Ethiopia, Andy is accused by the Ethiopian 
authorities of working to bring down the government and was convicted of 
terrorism offences in absentia in 2009, a crime punishable by death.

Internal FCO documents, seen by Reprieve, show British officials have privately 
described Andy's treatment by the Ethiopian authorities as "completely 
unacceptable".

Of the terror charges, they said they "have not been shown any evidence 
[against Andy] that would stand up in a UK court".

US diplomats who attended the in absentia death sentence said it was "lacking 
in basic elements of due process" and a form of "political retaliation".

But despite successful interventions in other cases involved British citizens 
detained abroad, the FCO has insisted it will not call for Andy's release.

Last week, the UK Foreign Secretary Boris Johnson published an open letter in 
response to the large number of people contacting the Foreign Office about 
Andy's case.

He said Britain would "continue to press the Ethiopian government as necessary 
to ensure Andy has access to the promised legal representation". He refused to 
call for Mr Tsege's release, claiming that "Britain does not interfere in the 
legal systems of other countries by challenging convictions."

(source: The Independent)






INDONESIA:

Former Priest Who Killed Child, Wife Faces Death Penalty


Herman Jumat Masan, a former priest at Larantuka Catholic diocese, Sikka 
District, East Nusa Tenggara (NTT), will soon face death penalty after failed 
appeal bid.

"There are 2 death row inmates who will soon face death penalty," the General 
Criminal Conduct Assistant, NTT High Prosecutor's Office, Budi Handaka told 
reporters Thursday.

The 2 death row inmates are Herman Jumat Masan alias Herder and Gaundensius 
Resing alias Densi.

The 2 suspects have been charged with premeditated murder and violating Article 
340 of the Criminal Code in conjunction with Article 338 of the Criminal Code. 
Sikka District Court has sent them to death row.

Herder had filed appeal, a cassation appeal and reconsideration (Peninjauan 
Kembali/PK), all of which have been rejected. "Herder has been detained at 
Maumere prison for 2 years and 8 months," Budi said.

Herder had allegedly killed his wife and two children at the so-colled Tahun 
Orientasi Rohani (TOR) dormitory in Lela, Sikka. Herder smothered his child to 
death immediately after his wife Mery Grace delivered the baby in a room.

Herder did the same when his wife delivered his 2nd child at the same place. 
However, her wife also died in the incident. The 3 victims were buried in the 
same hole in front of Herder's house. The case had only been revealed after 
being kept secret by Herder for 10 years, during which he continued serving as 
a priest.

Meanwhile, Densi has been serving jail time in Kupang Class IIA prison for 14 
years. Budi said Densi murdered his wife Etropia Salviana with a cleaver. The 
incident took place when his wife was peeling off the skins of tamarind. He 
suddenly came after her and sliced her in the neck, which almost cut her head 
off. She died immediately at the scene.

(source: tempo.co)

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Death sentence sought for Malaysian in drug smuggling case


A Malaysian citizen, Ong Bok Seong, 67, may face the death penalty as 
prosecutors demanded the death sentence in a drug trafficking case involving 
11.3 kilograms of crystal methamphetamine in a hearing at the Sanggau District 
Court in Pontianak, West Kalimantan.

"This is the 3rd time the defendant has been involved in smuggling drugs into 
Indonesia," one of the prosecutors, Ulfan Yustian Arif, was quoted saying by 
Antara news agency on Thursday.

Ong was previously arrested for allegedly smuggling 2 kilograms of crystal meth 
into the country.

Along with Ong, an alleged Indonesian accomplice, Abang Hendry Gunawan aka Een, 
was charged in the same case. Prosecutors demanded 20 years in prison and a Rp 
1 billion of fine for Een.

According to Ulfan, prosecutors see Ong as having played a bigger role in the 
case.

The lawyer for both defendants, Munawar Rahim, said his team was preparing a 
response to the demand.

(source: The Jakarta Post)






THAILAND:

Death sentence upheld in Songkhla mayor murder case


The Supreme Court yesterday upheld the death penalty for a one-time prominent 
local leader from Songkhla province for ordering the murder of a former friend.

Uthit Chuchuay, who previously headed the Songkhla Provincial Administrative 
Organisation, was sentenced to death along with 2 accomplices. 2 other 
defendants, including Uthit's younger brother Kitti Chuchuay, received life 
sentences for the shocking murder.

Songkhla City mayor Peera Tantiserane was gunned down in late 2012 after he had 
sought to block a cable-car project backed by Uthit. Following the murder, 
Uthit's political career was finished and he lost when he ran for another term 
as the chief of the provincial organisation.

Before the falling out, Peera and Uthit had been good friends and with close 
family ties.

"My mum keeps saying that she could never have imagined that the relationships 
between the Tantiseranes and Chuchuays would end up like this. We used to be 
like blood relatives," Charuek Tantiserane, Peera's younger brother, said 
yesterday after learning of the court's verdict.

Peera's younger sister Walairat Tantiserane, now deputy mayor of Songkhla City, 
said her family could not sleep the night before the ruling because everyone 
was anxious about the final verdict. "We fully welcome the court's ruling 
because it has reaffirmed that people can trust the justice system," Walairat 
said. Dr Chaya Pakthongsuk, Peera's widow, thanked police and public 
prosecutors for their efforts to bring the culprits to justice.

Initially, the Criminal Court acquitted the 5 suspects including Uthit, but the 
plaintiffs appealed, bringing the case to the Court of Appeals, which convicted 
the defendants and handed down the sentences. The Supreme Court yesterday 
upheld the Court of Appeals' ruling.

In accordance with new regulations, the families of the victim and defendants 
were not present inside the courtroom to hear the verdict, which was broadcast 
to the defendants in prison via a video-conferencing system.

Peera's family was given a copy of the court's verdict.

Following the murder, police initially identified 10 suspects and, after 
reviewing the evidence, public prosecutors arraigned seven of them including 
Uthit and Kitti.

Over the course of court hearings spanning years, 2 of the defendants were shot 
dead. All the surviving defendants were found guilty by the Supreme Court, 
whose ruling cannot be appealed.

(source: The Nation)



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