[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Fri Apr 28 08:55:15 CDT 2017









April 28



VIETNAM:

8 sentenced to death in major Vietnam drug trial----The trans-national ring is 
believed to have trafficked nearly half a ton of heroin over a decade.


8 Vietnamese men were sentenced to death on Thursday for dealing heroin, but 
their female ringleader was spared by a Hanoi court and received life 
imprisonment.

The trans-national ring, headed by Dang Minh Chau, 44, is believed to have 
trafficked 420 kilograms of heroin between 2004 and 2015, according to the 
verdict announced by the Hanoi People's Court.

The incident that led to the arrests of Chau's ring in July 2015 involved 170kg 
(375lb) of heroin valued at nearly VND100 billion ($4.4 million), the court 
said.

Chau, 44, escaped capital punishment because she has a child who is under 3 
years old.

Another man was sentenced to 18 months for illegal possession of a weapon, 
while a woman got 12 months probation for haboring criminals, the court decided 
after a 4-day trial.

In July 2015, Nguyen Quoc Hung, a restaurant owner, was asked to deliver a gas 
tank filled with 112kg of heroin to a district on the outskirts of Hanoi. He 
was detained on arrival with several others after his car was spotted and 
searched by police.

As police widened the investigation, they found another massive stash stuffed 
in 2 LPG tanks at Hung's restaurant.

Vietnam has some of the world's toughest drug laws. Those convicted of 
possessing or smuggling more than 600 grams of heroin or more than 2.5 
kilograms of methamphetamine face the death penalty.

The production or sale of 100 grams of heroin or 300 grams of other illegal 
narcotics is also punishable by death.

Although the laws have been strictly enforced with capital punishment handed 
down regularly, there is no sign that drug running is slowing down.

(source: vnexrpess.net)






SOMALIA:

EU Calls on Somalia to End Militant Executions


The European Union delegation in Somalia criticized on Thursday recent 
executions of extremists by the Somali military justice system and called on 
the government to issue a moratorium on the death penalty in the African 
country.

Somali military justice shot four al-Shabab radicals on Monday who were 
convicted of murdering dozens of people in an attack in the Southwest region in 
2016.

"While the EU condemns in the strongest terms all acts of terror and supports 
the application of robust sentences that follow due process, the EU also 
opposes on principle grounds the death penalty in all circumstances," according 
to a statement issued by the delegation.

Somalia has recently executed 2 policemen and a soldier found guilty of killing 
civilians.

"The European Union considers the death penalty to be a cruel and inhumane 
punishment, which fails to provide deterrence to criminal behavior," the EU 
office in Somalia said, adding that the death penalty makes any error of 
justice irreversible.

The EU delegation also called on Mogadishu to stop the trial of civilians by 
the military justice system and to be tried instead by civilian courts.

"We look forward to supporting the Somali authorities in adopting appropriate 
legislation to abolish the use of the death penalty," the statement concluded.

The application of the death penalty to al-Shabab members found guilty of 
perpetrating attacks is common in Somalia.

Al-Shabab, which declared its allegiance to al-Qaeda in 2012, controls part of 
the territory in the center and south of the country and aspires to establish a 
radical Islamic state in Somalia.

Somalia has been in a state of war and chaos since 1991, when dictator Mohamed 
Siad Barre was overthrown.

(source: Latin American Herald Tribune)






THAILAND:

Death sentence for Artur Segarra unlikely to end in execution, experts say why


Spaniard Artur Segarra, accused of the murder of compatriot David Bernat, was 
sentenced to death by a Bangkok court on April 21 and transferred to Bangkwang 
Prison, better known to some foreigners by its nickname "Bangkok Hilton." He 
was convicted of premeditated murder, robbery, kidnapping, extortion, torture, 
and falsification of documents, closing the case on a macabre crime that took 
place in January 2016.

Bernat, a 40-year-old entrepreneur, resided in Iran and frequently visited 
Thailand. He arrived in Bangkok on Jan. 19 for vacation and had a drink with 
Segarra that night. The 2 were friends from Bernat's previous trips to Bangkok.

They went to Segarra's house, in Huai Khwang, where Segarra murdered Bernat, 
supposedly for his money. His body appeared on the morning of Jan. 30, cut into 
pieces, in the Chao Phraya River.

Jassada Piyasuwanvanit, the court-appointed lawyer who defended Segarra during 
the trial lasted, said that the sentence was expected because "all the evidence 
was clear." Segarra is going to appeal, although that duty will fall to his 
first lawyer, Worasit Piriyawiboon. Segarra changed lawyers 3 times because 
they were not to his liking.

According to Amnesty International, Thai judges issued a total of 216 new death 
sentences in 2016. In Thailand's prisons there were 427 prisoners on death row 
at the end of last year, 24 of whom were foreigners.

Currently, the death penalty applies to 35 crimes in Thailand and is applicable 
only by lethal injection. But the punishment has not been carried out for 14 
years and has, in that time, always been commuted to a life sentence.

The last time Thailand executed criminals was in 2009 - 2 men were sentenced to 
death for drugs trafficking, before the country seemed to apply an unlegislated 
but indefinite moratorium on capital punishment.

The 2009 execution was an anomaly, explains Katherine Gerson, Amnesty 
International campaign person for Thailand. "No one had been executed since 
2003 when this took place. Thai authorities have made repeated commitments to 
move towards abolition of the death penalty, which Amnesty International 
believes to be a determining factor in why no executions have taken place in 
the intervening period between 2009 and 2017."

Contradictingly, however, the Constitution Drafting Committee announced on Dec. 
20 that it had decided to include the death penalty in the draft law against 
corruption, making some more serious crimes punishable by death.

"Even though Thailand has adopted a moratorium on the death penalty for 
decades, successive governments often introduce legislations with death penalty 
to score political points by creating a public impression that they are 
decisive and take matters seriously," said Sunai Phasuk, senior researcher on 
Thailand in Human Rights Watch's Asia division.

"It is a kind of a publicity stunt," he said, "The ruling National Council for 
Peace and Order (NCPO) is following that footstep. They staged a coup in May 
2014, claiming widespread corruption as one of their justifications. And now 
they are promising that those found to be stealing from the country will be 
punished by death."

Segarra, 37, was arrested on Feb. 7 of last year in the Cambodian town of 
Sihanoukville, where he had fled. He was handed over to Thai authorities a day 
later. The convicted man had been awaiting a hearing in Bangkok ever since and 
claims to be a victim of a trap involving his Thai ex-girlfriend, Pridsana 
Saen-ubon, who testified against him in December.

Bernat's body was discovered by residents near Wat Kharuehabodi. They 
discovered his right arm floating in the river. Several parts of the body were 
found floating later in the provinces of Nonthaburi and Pathum Thani.

The forensic team determined that the victim died of asphyxiation between Jan. 
25-27. According to the investigation, on the night after the murder, Segarra 
took his motorcycle in the direction of the river loaded with a large parcel - 
near where Bernat's body is believed to have been dumped - and returned without 
it the following morning.

According to the judge, the murder was motivated by money, as investigators 
detected "large amounts" missing from the murdered Spaniard's Singaporean 
accounts. Segarra was also recorded withdrawing large sums of cash from ATMs in 
Bangkok after the disappearance of Bernat.

Although there are no direct witnesses because Bernat did not leave Segarra's 
apartment that night, the judge said that "forensic evidence is reliable and 
cannot be rejected." The prosecution has DNA samples, fingerprints in Segarra's 
apartment, camera recordings, and bank accounts withdrawals that incriminate 
him.

The Spaniard, always smiling before the cameras, arrived at the sentencing room 
wearing a light brown Thai prison suit, shackles, and bare feet. On the palm of 
his hand was written a Bible verse in which Jesus asks his Father to forgive 
because they know not what they do.

After the sentencing, officers did not allow questioning of Segarra by the 
press. But as he was leaving, he expressed that the sentence "is nothing 
unusual" and that "there is no evidence" that blames him for the murder.

His appeal lawyer, Piriyawiboon, explains that, by law, "the appeal submission 
could be extended for 30 days more." The Spaniard still has the possibility of 
appealing to the Supreme Court and, ultimately, to request leniency from the 
Royal House to lower the sentence.

According to the agreement signed between Thailand and Spain, once the sentence 
is firm, Segarra could request a transfer to Spain to finish serving the 
sentence after 8 years of imprisonment in Thailand.

In this case, Segarra could comply with the sentence as established in the 
Spanish legislation for the charged offense and not be returned to Thailand. 
Nevertheless, the transfer could only be granted if he complied with repaying 
the THB700,000 that he extracted from the bank accounts of Bernat and that he 
must return to the dead man's family.

(source: coconuts.co)






PAKISTAN:

Woman lynching: LHC converts death penalty to life term


The Lahore High Court has commuted the death sentence into life imprisonment 
for 4 men convicted of bludgeoning a woman outside the court 3 years ago.

Farzana Bibi, a resident of Nankana Sahib, had married Muhammad Iqbal against 
her family's wishes. The family registered a kidnapping case against her 
husband but the woman filed a petition in the high court to get the case 
quashed.

The matter was fixed before a single bench on May 27, 2014 and Farzana was set 
to record her statement in favour of her husband.

While the defendants left the office of their counsel at Fane Road for the 
court, her father Azeem and his accomplices Mazhar, Zafar and Jahan Khan 
intercepted them and killed Farzana with bricks.

On Thursday, a division bench converted the death penalty of the men into life 
terms on the convicts' appeal against their sentences. Their counsel had argued 
the men were convicted despite lack of evidence.

(source: The Express Tribune)






PHILIPPINES:

Collapse of death penalty bill in the Senate hailed


A bill reviving the death penalty is dead in the Senate, with at least 13 
senators expected to vote against the measure, Senate Minority Leader Franklin 
Drilon has reportedly declared.

Buhay party-list Rep. Lito Atienza on Thursday hailed Drilon's declaration.

"If Senator Drilon's claim is true, then that is very good news. We've always 
maintained that the death penalty is useless in fighting crime, it does not 
serve any purpose that is not already being served by the punishment of 
long-term imprisonment," Atienza said in a statement.

"The certainty of capture and incarceration of criminal offenders is our best 
deterrence to other would-be felons," according to the congressman, also House 
senior deputy minority leader.

Atienza was among those who fought hard against the passage of the death 
penalty bill in the House of Representatives, arguing forcefully that the 
extreme punishment is anti-poor and violates the sanctity of human life.

Voting 217 in favor, 54 against with a lone abstention on March 7, the House 
approved on final reading House Bill (HB) 4727, which would impose death 
sentences on drug-related offenses.

"Our sense is, even Senate President Aquilino Pimentel 3rd will likely vote 
against the death penalty in the event of a deadlock in the Senate," Atienza 
said.

Pimentel's father, former Senate President Aquilino Pimentel Jr., is a staunch 
human rights crusader, and vehemently opposed the death penalty during his 
time, he pointed out.

The younger Pimentel has repeatedly said the bill reinstating capital 
punishment is not among the Senate's priority measures.

President Rodrigo Duterte has publicly said on several occasions that he 
intends to send hundreds of convicts to the gallows once Congress brings back 
death sentences.

"The death penalty is a travesty. Only indigent citizens inadequately 
represented at trial will receive death sentences. Wealthy defendants who are 
able to retain the best criminal defense lawyers will always escape conviction, 
or get the lesser punishment of life imprisonment," Atienza said.

HB 4727 would give trial judges the leeway to hand out either the lighter 
sentence of 30 years' imprisonment, or the heavier punishment of death, to 
those found guilty of drug-related crimes.

"If their expensive lawyers are not enough, the rich will simply buy their way 
out of death sentences, or even out of prison, by bribing corrupt prosecutors 
and judges," Atienza said.

Buying extravagance

"If they can't buy their way out of incarceration, they will surely buy 
themselves extravagant lives in detention, as we've clearly seen in the cases 
of convicted big-time drug traffickers having the time of their lives at the 
New Bilibid Prisons," he added.

The New Bilibid Prisons (NBP) is the national penitentiary located in 
Muntinlupa City (Metro Manila).

Some members of the Senate majority bloc also on Thursday said a recent survey 
of the Social Weather Stations (SWS) showing 61 % of Filipino favor the 
restoration of the death penalty should serve as message to lawmakers on what 
to do with the proposed measure on capital punishment.

Senator Joseph Victor "JV" Ejercito noted that results of the survey have 
indicated the position of most of the people on the death penalty and lawmakers 
being the representatives of the people should listen to it.

He said anti-death penalty senators have more numbers in the Senate because of 
the Liberal Party members and the woman lawmakers but that would not stop him 
and other chamber members who are for death penalty to push for it.

"We will fight for what is right and put an end to this drug menace," Ejercito 
added.

He said the Philippines became the hub of the international drug trade because 
it is the only country in Southeast Asia that does not impose capital 
punishment.

Senate Majority Leader Vicente Sotto 3rd said the SWS survey could help 
influence senators into supporting the proposal to reinstate death penalty 
especially those who are running for reelection.

There are 6 incumbent senators can still seek a second term in 2019 namely 
Paolo Benigno Aquino 4th, Juan Edgardo Angara, Nancy Binay, Grace Poe, Cynthia 
Villar and Ejercito.

It is not clear if Senate President Pimentel 3rd could still run for reelection 
because he is on his second term as senator after he won his election protest 
against Sen. Juan Miguel Zubiri and was declared the winner in the 2007 
senatorial race.

>From the 6 reelectionists only Aquino and Poe have expressed their opposition 
to death penalty while the rest were either in favor or are yet to come up with 
a stand.

Sen. Sherwin Gatchalian said support of other senators for capital punishment 
will depend on the number of crimes that will be included in the bill.

He noted that most of the senators support the administration's fight against 
illegal drugs and, if the imposition of death penalty would only be limited to 
that, more senators might be convinced to back it.

"If the death penalty will be limited to drug-related crimes, then it will get 
ample support from the senators," according to Gatchalian, who is in favor of 
the reinstatement of death penalty.

Sen. Francis Pangilinan, president of the Liberal Party, said the survey can't 
change is stand against capital punishment, adding that it does not address 
criminality.

Drilon said the recent SWS poll is a mere reflection of the people's 
frustration over a poor justice system

(source: Manila Times)






UNITED KINGDOM:

5 Reasons the UK is Trying to Stamp Out the Death Penalty Worldwide


The UK is committed to abolishing the death penalty worldwide. Here's why.

Amnesty International calls the death penalty, "the ultimate, irreversible 
denial of Human Rights." It breaches not only the right to life, but the right 
not to be subjected to cruel, inhuman and degrading treatment. That's why the 
UK and other European countries signed up to Protocol 6 and Protocol 13 to the 
Human Rights Convention, which abolished capital punishment.

The courts have also ruled against capital punishment. In the 2010 case of 
Al-Saadoon and Mufdhi case against the UK, the European Court essentially 
prohibited the death penalty, even though Article 2 of the Human Rights 
Convention appears to allow for an exception to the right to life.

Death penalty on the rise worldwide

The UK government has a policy of opposing the death penalty in all 
circumstances and is working towards abolition of the death penalty worldwide. 
For example, we lobby other countries to vote in favour of the UN Resolution on 
the Moratorium on the use of the Death Penalty.

But despite growing consensus in UK and Europe on the need for abolition, 
capital punishment is on the rise across the globe.

A report by Amnesty International found a 54% increase in the use of the death 
penalty from 2014 to 2015. And that report didn't even take into account China, 
likely to be the world's top executioner, as the country refuses to publish 
data on its use of the death penalty.

5 reasons to stamp out capital punishment The death penalty isn't outlawed by 
international law. However, there's growing international pressure for its 
abolition. Here are just some of the reasons why.

Execution of the innocent

The death penalty takes away our most essential right, the right to life. 
Opening the door to the death penalty, even in very limited circumstances, 
means that innocent people may be executed. As Amnesty have stated, "the death 
penalty legitimises an irreversible act of violence by the state and will 
inevitably claim innocent victims. As long as human justice remains fallible, 
the risk of executing the innocent can never be eliminated". Many innocent 
people have already been executed. More will die unless the death penalty is 
eradicated.

Cruel, inhuman and degrading punishment

The period leading up to death causes so much suffering to the condemned that 
it amounts to torture. Death row phenomenon is the term given to the 
psychological distress caused to inmates by detaining them on death row in 
extreme conditions, often in isolation. The execution methods themselves also 
constitute a breach of the right not to be subjected to inhuman and degrading 
treatment, even the method that's supposed to be most 'humane', namely lethal 
injection.

It doesn't even prevent crime

There's no evidence that capital punishment has any impact on crime rates. So 
there can be no argument for its justification.

Not only does the death penalty not deter crime, but it leads to the 
brutalisation of society as a whole. States which allow the death penalty have 
higher violent crimes rates. In the USA, for example, more murders take place 
in states where capital punishment is permitted.

Damage to international crime fighting

Because we don't accept the death penalty in the UK, we can't cooperate fully 
on criminal justice matters with states that allow executions. We can't, for 
example, agree to extradite someone to a country if there's a real possibility 
that they'll face the death penalty there.

The death penalty is brutal, ineffective and a complete denial of our human 
rights. We must continue the fight to ensure it's eradicated worldwide.

(source: rightsinfo.org)




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