[Deathpenalty] death penalty news----worldwide----S. AFR., SUDAN, INDIA, CHINA, SING., MALAY.

[Rick Halperin]

August 30



SOUTH AFRICA:

Remains of 10 hanged PAC members to be exhumed



The remains of 10 of the Pan Africanist Congress's armed wing Poqo who were 
hanged from 1963 to 1967, will be exhumed on Thursday.

The National Prosecution Authority said the exhumations form part of the 
Gallows Exhumation Project launched by Justice minister Michael Masutha in 2016 
which is aimed at recovering the remains of 130 political prisoners.

They were hanged prior to the suspension of the death penalty in 1990.

The bodies of the hanged political prisoners remained the property of the state 
and they were given paupers' burials in municipal cemeteries around Pretoria 
with families being denied the opportunity to bury them.

"At least 60 PAC members were hanged in the 1960s. The 10 PAC members to be 
exhumed this week arise out of the period of intense political protest in Paarl 
in 1962 when members of the PAC (Poqo) based in the single men's migrant worker 
hostels in Mbekweni township undertook a series of campaigns and attacks on 
suspected informers and white residents," the NPA said.

"The period of protest culminated in a mass night time march on the white town 
of Paarl in November 1962 in which 2 whites were killed.

"In all, 9 persons were killed by the PAC protestors that year and 5 PAC 
protestors were shot dead by police. Mass arrests and trials ensued in the 
years that followed, and 20 PAC members were ultimately hanged for the events 
in Paarl. Scores of others were sentenced to terms of imprisonment."

The NPA said the remains will be exhumed from Mamelodi West cemetery where they 
were buried in paupers' graves on the same day that they were hanged.

The other 10 PAC members hanged for the events in Paarl will be exhumed in the 
coming months.

The process will be led by the TRC Unit in the Department of Justice and 
Constitutional Development together with the Missing Persons Task Team (MPTT) 
in the NPA.

The 10 PAC members whose remains will be exhumed this week are as follows:

1. Vezile Jaxa (26) hanged on November 1, 1963

2. Lennox Mngambi Madikane (25) hanged on November 1, 1963

3. Mxolisi Damane (26) hanged on November 1, 1963

The above 3 were the first people to be hanged for the crime of sabotage, for 
their leadership role in the November 1962 march, rather than any involvement 
in any deaths.

4. Gadavu Johannes Notyawe (40) hanged on October 14, 1963

He was hanged for the killing of 2 suspected informers, Klaas Hoza and George 
Tshisa.

5. Gqibile Nicholas Hans (26) hanged on May, 30 1967

6. Baden Koboka (32) hanged on May 30, 1967

7. Jabavu Jonas Mzondi (34) hanged on May 30, 1967

8. Livingstone Fatyela (30) hanged on May 30, 1967

9. Bongezile Edward Sikundla (32) hanged on May 30, 1967

10. Msimasi Wellington Tyobeka (29) hanged on May, 30 1967

These 6 were among 9 persons hanged for the killing of a shopkeeper Maurice 
Berger.

(source: enca.com)








SUDAN:

President al-Bashir pardons Sudan's human rights defender



Sudanese President Omer al-Bashir on Tuesday granted a pardon to the prominent 
human rights defender Mudawi Ibrahim Adam who was charged with 6 offences, some 
of which are punishable by death.

In a presidential decree released by the official news agency SUNA, al-Bashir 
ordered to free Mudawi Ibrahim and 5 other people indicted with him and to "put 
this decision into effect from the date of its signature on Tuesday.

Last June, Sudan's state security prosecutor office charged him with 6 offences 
under the 1991 Penal Code, including espionage and intelligence activities in 
favour of foreign embassies, undermining the constitutional system and waging 
war against the state all of these charges carry either the death penalty or 
life imprisonment.

However, on 16 August, the court postponed Adam's trial for the 3rd time due to 
the absence of 1 of the 5 accused who fled to Egypt.

His espouse Sabah Adam expressed her happiness for the release of her husband 
and regretted his "unjust detention for 9 months without a crime" as she said 
when reached by Sudan Tribune.

She further said they expect his release on Tuesday night or Wednesday morning, 
but Sudan Tribune can confirm he was released late on Tuesday.

For his part, his lawyer Nabil Adib stressed that "the presidential decree 
dropped all the charges against his client".

Ada, an engineering professor and Chair of the non-governmental organisation 
Sudan Social Development Organisation (SUDO) was arrested on 7 December 2016 by 
the National Intelligence and Security Services (NISS).

(source: Sudan Tribune)

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

Sudan student convicted of killing policeman: lawyer



A court in Sudan convicted a university student on Tuesday of killing a 
policeman during protests in the capital last year, a defence lawyer told AFP.

Asim Omer, who was studying at Khartoum University, was arrested in December 
and charged with killing the policeman after hundreds of students clashed with 
security forces at the campus on the banks of the Blue Nile in April 2016.

"The court found Asim guilty under Sudan's penal code, and he will be sentenced 
on September 24," his defence lawyer Mohamed Arabi said.

Under Sudanese law, Omer could suffer the death penalty for killing the 
policeman.

Students at Khartoum University demonstrated several times last year against 
what they said was a plan to sell off buildings belonging to the institution.

The government denied the charge, and police often resorted to firing tear gas 
to disperse the protesters.

Demonstrations against local grievances occur frequently in Sudan but are often 
suppressed by police and state security agencies.

In late 2016, sporadic anti-government rallies were staged in Khartoum after 
the government raised fuel prices.

The demonstrations were swiftly broken up by security forces, and dozens of 
opposition leaders and activists were arrested.

The biggest crackdown on protesters was in September 2013, when dozens of 
demonstrators were killed during anti-austerity rallies.

Thousands of people took to the streets of Khartoum and in some other regions 
calling for the downfall of President Omar al-Bashir's regime, also after the 
authorities slashed fuel subsidies.

Rights group Amnesty International said at the time that about 200 people were 
killed, hundreds were wounded and more than 800 arrested.

The government gave a death toll of fewer than 100.

(source: news24.com)








INDIA:

Uttar Pradesh man gets death penalty for killing wife, 3 children



A CBI court awarded death sentence to a man who killed his wife, 3 children and 
2 neighbours 8 years ago on Tuesday in Lucknow.

According to police records the man for killing his wife and 5 others after he 
was opposed for having an illicit relationship with his sister-in-law.

The CBI Special Court holding that the case fell into the 'rarest or rare' 
category.

"The convict Sarvan, would be a threat to the society and such, he was no 
longer entitled to live on earth and ordered that he be hanged till death," 
said the CBI special court.

The judge in the 61-page verdict said, "Sarvan was married and had 3 children 
but even then, he committed the massacre to quench his thirst of lust and the 
manner in which he eliminated his family and the neighbours -- his act was not 
less than that of a devil."

The verdict further read, "Not only 2 families suffered on account of his act, 
but he became a threat to the society."

The CBI Court has referred the matter to the high court as death penalty has to 
be confirmed by it before its execution.

Special CBI Judge Harish Tripathi pronouncing the verdict also sentenced 
Sarvan's sister-in-law Suman to 4 years of rigorous imprisonment and slapped a 
Rs 2000 fine one her after holding her guilty of removing evidence in the case. 
The court has also slapped Rs 7000 fine on Sarvan.

The FIR in the case was lodged by Kolai, the husband of Madhuri, at the 
Mohanlalganj police station on April 25, 2009.

(source: newsnation.com)








CHINA:

Blockchain ICOs: Can China Issue The Death Penalty For Illegal Fundraising



The latest craze in Blockchain circles are Initial Coin Offerings (ICOs), 
sometimes called Token Creation Events in order to reduce similarities with 
highly regulated Initial Public Offerings. ICOs work like this: A startup posts 
a cryptocurrency address on their neat website with an outlandish idea, and 
money flows in from amateur investors hoping to strike it rich.

Such schemes have raised over US$1.8 billion this year alone, according to 
Coindesk, a leading industry publication. The projects range from global 
supercomputers to artificial intelligence to powerful decentralized funds. In 
exchange for their money, investors receive "tokens," virtual casino chips they 
hope to later be able to use to purchase the product or sell on to other users 
or investors.

With little to show and pockets full of cryptocurrency, these projects have 
come under heavy fire from industry leaders and securities lawyers. The United 
States' Securities and Exchange Commission has even issued warnings to 
investors.

Some, however, see an even dimmer future for those raising funds in China.

A blog post from the popular Shenzhen-based Bitcoin exchange Bitkan raised the 
question of whether China would invoke capital punishment on those raising 
money illegally through ICOs.

The post has become widely circulated and replicated over the past 2 months, 
and the death penalty become a widely accepted possibility among observers of 
the space.

In reality, however, there seems to be little evidence supporting this claim.

While China does claim illegal fundraising to be a major problem, with over 
US$36 billion raised in the past year alone, it does not seem to have executed 
anybody for this crime since 2013, when there were two reported cases. The 1st 
ever death penalty for illegal fundraising was reported in 2011, when 3 men 
were convicted of having illegally raised RMB 5.5 billion (worth US$867 million 
at the time) from 15,000 families, and embezzled 1.5 billion of it.

The Chinese Criminal Law (full text) was first introduced in 1979 and has 
existed in its current form since 1997.

Article 160 (Securities Fraud) and Article 179 (Illegal Fundraising) mention a 
maximum sentence of 5 years, while Article 192 (Financial Fraud) mentions life 
imprisonment for cases where the amount is "especially huge."

Article 199, which amends Article 192 opens up the possibility of capital 
punishment "if the amount involved is especially huge and especially material 
losses are caused to the interests of the state or public."

Yet Article 199 was removed as part of the criminal law reform of 2015. The 
ratification of the 9th Amendmend to the Criminal Law (original text) removed 
capital punishment for currency counterfeiting, smuggling arms and ammunition 
and others.

There are currently still 46 offenses for which courts reserve the right to 
invoke capital punishment in China. Many of them are for non-violent crimes, 
but few remain for economic crimes: Production or sale of counterfeit medicine, 
hazardous food products and embezzlement in public office.

Anyone looking to raise funds in China through an ICO can sleep better. Five 
years in prison is the maximum jail time that awaits those whose token has been 
ruled an illegal security. Only those fraudulently raising money can expect 
higher sentences, and even life imprisonment.

(source: forbes.com)








SINGAPORE:

New terrorism laws covering use of radioactive material to take effect Sep 1



Starting Sep 1, it will be an offence to possess radioactive material or any 
nuclear explosive devices with the intention to cause harm, said the Ministry 
of Home Affairs in a news release on Wednesday.

This comes under new laws that were passed in Parliament in May. A person who 
commits a fatal act of terrorism using radioactive material or nuclear 
explosive devices will face the mandatory death penalty.

With the legislation going into effect on Sep 1, the United Nations' 
International Convention for the Suppression of Acts of Nuclear Terrorism 
(ICSANT), which Singapore ratified, will also come into force on the same day.

Under ICSANT, it will be a criminal offence to intentionally use radioactive 
material or nuclear explosive device to compel other people, governments or 
organisations to do or refrain from doing any act, said MHA.

It will also be an offence to use such materials and devices to damage a 
nuclear facility, leading to the release of radioactive material.

Second Minister for Home Affairs Desmond Lee had said in May that the penalties 
will be pegged at the same level as a murder offence and therefore, in the 
event of fatalities caused, the death penalty will apply.

(source: channelnewsasia.com)








MALAYSIA:

Indonesian chicken farm worker charged with murder



An Indonesian who worked in a chicken farm was today charged with murder at the 
magistrate's court here.

Samsul Hadi, 35, was charged with killing his employer, Sam Peng Kok, 46, at 
the workers' quarters, Jalan Seng Heng, Sagil, between 10am and 1pm on Aug 16.

He was charged under Section 302 of Penal Code which carries the death penalty 
upon conviction.

Magistrate Arun Noval Dass fixed Oct 2 as mention date after Inspector Siti 
Alina Mohd Adil, who appeared as prosecution officer, said the post-mortem and 
related chemistry report are not ready yet.

No plea was recorded and the accused was unrepresented.

(source: thesundaily.my)