[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 1



NIGERIA:

Kidnapping rages on despite death penalty


Hundreds of Nigerians are still being abducted for ransom even though many 
states have made kidnapping a capital offence.

Daily Trust investigations show that about 630 people were reportedly abducted 
from May 2016 to May, 2017.

Data obtained by this newspaper show that from January this year to date alone, 
about 200 people have been kidnapped.

The latest victim was a House of Representatives member, Garba Umar Durbunde 
(APC, Kano), who was abducted on Tuesday at Jere, along Kaduna -Abuja road. 
Report last night said he had been released upon the payment of N10 million.

About 16 states have so far passed laws making abduction for ransom a capital 
punishment.

These are Lagos, Bauchi, Kaduna, Kano, Benue, Rivers, Enugu, Abia, Kogi, 
Bayelsa, Delta, Akwa Ibom, Edo, Imo, Cross River and Federal Capital Territory 
(FCT).

But investigations by Daily Trust show that although some of the laws have been 
passed since 2009, there were no executions of convicted persons.

Apart from the recent conviction of abductors of former Secretary to the 
Government of the Federation, Chief Olu Falae, most of the kidnapping cases are 
at various stages of prosecution at the courts.

In 2017, January had 60 incidents of kidnapping, which was the highest, 
followed by February 46, April 42, May 27 and March 24.

>From May to December 2016, November had the highest kidnapping cases of 115, 
followed by August 79, December 63, September 42, May and July 35 each, June 33 
and October 27.

Zamfara State is leading with the highest number of people kidnapped during 
this period under review. In December 2016 alone, 88 people comprising 35 
women, 42 traders and 11villagers were abducted for ransom in the state.

In Rivers, analysis of the kidnapping incidents shows that between May 2016 to 
May this year, 59 people were kidnapped in the state. The months of August and 
September, 2016, had the highest incident rates of 14 each.

Lagos is trailing Rivers, where 13 people were abducted in November 16, 2016. 
Other states with higher incidents include Jigawa, Delta, Kogi, and Bayelsa, 
and Kaduna. The anti-kidnapping laws across the states made provisions for 
capital punishment for kidnapping suspects whose victims died in their custody.

The law equally specified life sentence for convicted suspects; in some 
instances, jail terms between 10 to 30 years for convicted kidnappers who 
didn't kill their victims.

Daily Trust findings show that since Kano state government approved death 
penalty as the punishment for kidnapping late last year, no one has yet to be 
convicted or executed in line with the provisions of the law.

Kano state's Attorney General and Commissioner for Justice, Haruna N. Muhammad 
Falali, said the cases already in courts are yet to be decided.

"Yes, government has made the law and the law has helped us immensely in 
managing cases of abduction and cattle rustling in the state. It happened that 
the kidnappers and cattle rustlers themselves voluntarily came out and sought 
for unconditional pardon saying they would not do it again and we granted them 
amnesty and they go, since then, the cases bothering on abduction and cattle 
rustling have reduced by 80 %. No more kidnapping and cattle rustling, it has 
reduced by 80 %.

"For those that were arrested, their cases are still with the police who are 
yet to conclude their investigations before they forward the cases to us for 
advice and the few others that are already in courts are yet to be decided," 
the commissioner said.

In Rivers State, the law was passed in 2015 but no suspect has been convicted 
yet. The law empowered the state governor to demolish properties owned by a 
suspect believed to be a kidnapper or any property linked to a kidnap suspect.

Another provision in the law stated that criminals convicted for kidnapping and 
accessories to kidnapping will forfeit their asset, funds and proceeds of 
kidnap.

Since the bill was passed into law the state has not secured any conviction 
against any suspect but Governor Nyesom Wike had on 3 occasions led security 
agents to suspected hideout of kidnappers at Eagle Island and Borokiri where 
properties belonging to suspected kidnappers were destroyed.

In Bauchi State, the law was signed by Governor Mohammed Abdullahi Abubakar in 
October, 2016.

The Bauchi State Attorney General and Commissioner of Justice, Barrister 
Ibrahim Umar, however said 7 months after the signing of the bill into law, it 
has not taken effect despite the various pending and new kidnapping cases in 
many courts in state.

The commissioner attributed the delay to the process involved in gazetting the 
law which will empower the relevant enforcement agencies including the 
judiciary to apply it and prosecute the cases.

"There are certain facts which you must have at the back of your mind when it 
comes to the enforcement of laws. It is true what an ordinary human being will 
think about when a bill is signed into law. When a law is signed into law by 
the governor, the responsibility of enforcing it lies with the ministry of 
justice which will take steps to Gazette like we just did. When it gazetted the 
law, it will then distribute it to relevant enforcement agencies of the state," 
he said.

Umar said the law has a retrospective effect and will take care of all cases 
which fall into the categories of offences including rape and cattle rustling 
which it seeks to address.

As it stands now, there has been no conviction of kidnap suspects by the courts 
in Bauchi until the gazetted law takes effect.

(source: dailytrust.com.ng)






SOUTH AFRICA:

No one worth the history of country is for death penalty


The letter by Fanele Batwa ("We are lenient to murderers", City Vision, May 25) 
refers.

Who can remain silent when more and more people are calling for the return of 
the death penalty.

Batwa says: "There are certain circumstances in which the death penalty is 
essential to stop people from killing innocent souls".

This is a blatant lie!

The tragic part of such an emotional outbursts is that it perpetuates the myth 
that the death penalty is a solution to violent crime.

Batwa, like many others, is highly uninformed as to what the death penalty did 
to our country in the colonial and Apartheid eras.

These miserable folks must tell us how they intend killing thousands of people 
every year.

The annual murder rate has already exceeded 18000, and many of the perpetrators 
are not even caught. The rich and influential can buy themselves out of jail.

All the political parties had concluded jointly at the Codesa talks leading to 
democratization in 1994 that it was best for our country to abolish it(death 
penalty).

The Constitutional Court, in a unanimous and decisive 11-0 vote ruled it 
unconstitutional, a violation of the right to life, cruel, inhumane punishment, 
and lastly, something that must never come back to our country.

But none of the opposition parties came out with any credibility. Instead, the 
now defunct National Party fought the 1st democratic election on a pro-death 
penalty ticket.

The IFP and even the so-called "Christian" party, the ACDP, also used the death 
penalty to dupe a gullible electorate to vote for them.

But the worst one of this pitiful lot was the callous DA which decided to 
remain silent on such a contentious issue, proclaiming that they will allow a 
so-called "free vote" or a "vote according to one's conscience".

This will leave the door open for a referendum on the death penalty, something 
our country can ill-afford since it will lead to other more pressing issues 
like wealth tax, language and landrights, expropriation without compensation 
and nationalization.

Political activists like Solomon Mahlangu and Andrew Zondo were hanged.

Death penalty is a highly racist monstrosity targeting the lower and poor 
classes of society.

Koert Meyer Welgelen

(source: Letter to the Editor, news24.com)






NORTH KOREA:

Report: North Korea enacts death penalty for distributing foreign media


Circulating Hollywood movies or South Korean television dramas may be 
punishable by death in North Korea, although more North Koreans have access to 
media from the outside world.

A source in North Korea told Radio Free Asia on Tuesday the state has 
designated the "viewing and importation of illegal video material as 
'anti-state activity,' and the act would be punished accordingly."

Illegal films refer to "all material produced outside the country," the source 
said. "In the past the viewing of illegal films was seen as 'non-socialist' 
activity and punished as an act of engaging the culture of yellow capitalism."

"But recently the activity was designated as an act of espionage, an anti-state 
crime," the source said.

The source added that neighborhood units, factories and workplaces are the 
target of state education campaigns urging citizens to "shake off the decadent 
capitalist ideology eating away at our socialist system."

Each participant was forced to sign a pledge, agreeing to submit to "any form 
of punishment" if they are found responsible for circulating or viewing illegal 
media.

The new law went into effect in mid-May and has discouraged people from sharing 
movies on flash drives with friends, a common practice in a country where even 
border guards reportedly watch South Korean soap operas in their spare time.

North Koreans who were caught watching the videos typically received a 3- to 
5-year sentence at a labor camp. The punishment took into consideration the 
content of the video material.

The latest measures mean a minimum 5-year labor sentence for North Koreans who 
watch foreign media, and a death penalty cannot be ruled out for distributors, 
RFA's source said.

Capital punishment at the local level, however, may have already been enforced 
for sharing foreign media.

In 2015 3 women were reportedly executed for distributing a South Korean 
television drama, and 6 people were executed by gun in 2014 for bringing in 
illegal videos into the country, according to the report.

(source: newsline.com)






THAILAND:

Court sentences 2 Thai men to death for murder over iPhone 7


A Thai court on Wednesday sentenced 2 men to death for murdering another Thai 
man over his iPhone 7, a court official told dpa.

According to the police, in January, Wasin Luengjam, 26, was stabbed to death 
by 2 men in a Bangkok suburb who had also slit his throat.

The incident was caught on a surveillance camera.

2 men, later identified as Kittikorn Wikaha, 26 and Supatchai Jansri, 25, were 
caught by police in a nearby province while they were on the run.

Police said some cash and a watch remained on Wasin's body.

Both Kittikorn and Supatchai admitted their crimes.

Police said that clear evidence helped lead to their confessions.

Police told dpa it is unclear if both men will appeal the decision. Since their 
arrests and detention in January, none of their relatives have bailed them out, 
citing a lack of money.

In March, a top-level provincial court upheld the death sentences of 2 migrant 
workers from Myanmar found guilty of murdering 2 British tourists on the 
southern island of Koh Tao in 2014.

Thailand last carried out the death penalty in August 2009.

(source: The Nation)



SAUDI ARABIA:

Saudi Arabia to behead deaf and blind man


Saudi Arabia is to behead a deaf and visually impaired man to death for taking 
part in a protest, it has emerged.

Disabled Munir Adam, 23, was arrested in the wake of political demonstrations 
in the Shia dominated east of the Kingdom in 2012.

A court in Saudi Arabia has upheld his death sentence and Adam has just 1 
appeal left before the King signs an execution warrant, reports the Daily Mail.

It comes as campaigners complained that US President Donald Trump failed to 
raise human rights abuses on his recent visit to the Kingdom.

According to the human rights group Reprieve, Adam had medical records proving 
his disability.

He already suffered from impaired sight and hearing, following an accident as a 
young child.

Adam was arrested for violent acts at a protest and accused of 'sending texts', 
according to Reprieve.

But activists claims a 'forced statement' was used as the sole piece of 
evidence against him in a secretive trial at the Specialised Criminal Court.

Reprieve said it had urged Trump to use his visit this month to raise the cases 
of protesters who face the death penalty.

But director Maya Foa claimed that by failing to raise the human rights issue, 
the Trump administration had effectively 'emboldened' the Kingdom to continue 
its clampdown on demonstrators.

Foa added: 'The Trump Administration must now urgently stand up for American 
values - they must call for the release of Munir, and all others who face 
execution for simply exercising freedom of expression.'

(source: nzherald.co.nz)






UNITED ARAB EMIRATES:

Filipina on death row denies premeditated murder charge


The Filipino housemaid, who is on death row for the murder of her Emirati 
employer in 2014, swore on Wednesday before Allah that the killing was 
unpremeditated.

Quoting a report from the Philippine Embassy (AUHPE) team and the hired lawyer, 
who attended the hearing at the sala of Al Ain Appeals Court Judge Sofian 
Mohammad, Philippine Ambassador Constancio Vingno Jr. also told The Gulf Today 
that Atty. Nasser Al Shamsi moved for the acquittal of Jennifer Aregado 
Dalquez.

The 1st time that Al Shamsi moved for Dalquez's exoneration was during the 
April 26 hearing.

That was after only 1 of the 2 sons of the victim appeared in court as 
requested by Mohammad so he could ask the both to swear before Allah, 25 times 
each, that they were sure about Dalquez's commission of the crime.

During the hearing, Dalquez expressed her wish to be freed and to be sent back 
home in the Philippines, when asked by the judge what other concerns she wanted 
the court to know.

"Dalquez this morning (Wednesday) swore in the name of Allah, both in Arabic 
and Filipino that she did not intentionally stab the victim and she did so only 
to defend herself and her reputation."

AUHPE Third Secretary and Vice Consul Rowena Pangilinan-Daquipil clarified to 
this reporter that the swearing was only done twice - once in Arabic and once 
in Filipino.

Also present, along with her and Al Shamsi, were AUHPE-Assistance to Nationals 
officers Mustapha Bayanan and Mayla Perez.

According to court records, the alleged crime took place on Dec. 7, 2014.

Police arrested Dalquez on Dec. 12, 2014 and the Al Ain Court of First Instance 
rendered her death penalty on May 20, 2015.

Prior to Dalquez's swearing on Wednesday, the judge had requested the victims' 
2 sons to appear before the court thrice - on Feb. 27, 2017 for the March 27 
proceedings and on March 27 for April 12.

On March 27, only 1 of the sons attended the hearing. The other son sent a 
message through their counsel that he was at work and asked for formal summons.

On April 12, the sons did not show up for the court session. Their lawyer 
"conveyed that [his clients] refuse to swear, given that Dalquez had already 
admitted to the killing of their father during the investigation of the case."

In the 3 instances, the judge stated he would ask Dalquez to swear in the name 
of Allah 50 times that the commission of the crime was unintentional.

The next court hearing was set for June 19.

(source: The Gulf Today)






KUWAIT:

7 men are sentenced to death for raping a 10-year-old disabled boy in Kuwait 
and threatening to leak footage of the sick assault on social media


7 men have been sentenced to death for raping a disabled boy in Kuwait and 
threatening to leak footage of the horrifying assault on social media.

The sick thugs, aged between 18 and 23, abducted the 10-year-old victim last 
September and took him to a chalet where they sexually assaulted him.

The convicts, 4 Kuwaitis, a Yemeni, an Iraqi and a stateless person, filmed 
part of the rape and threatened to post it on social media if the boy spoke of 
his ordeal.

A Kuwaiti appeals court on Wednesday sentenced the men to death, the victim's 
lawyer Ibrahim al-Bathani said.

He told AFP that the court overturned a 10-year jail term handed in April by a 
lower court against the 7 accused.

The victim is a Kuwaiti citizen and has a partial mental disability, Bathani 
said.

'This is a historic verdict,' he added.

Prosecutors found the sickening videos on the phones of some of the defendants.

(source: dailymail.co.uk)






AUSTRALIA/INDONESIA:

Australian barrister Colin McDonald is examining a new legal pathway to free 
the Bali 9


A prominent Australian barrister has vowed to renew a fight to free Brisbane 
Catholic Scott Rush and the remaining members of the Bali 9 in jail in 
Indonesia.

Scott Rush's lawyer, Colin McDonald QC, has pinpointed a new legal avenue to 
fight for the Bali 9, who are serving life sentences for their part in 
smuggling more than 8 kilograms of heroin from Bali to Australia in 2005.

Mr McDonald is also exploring a political and diplomatic possibility for the 
convicted drug traffickers to be returned to Australia.

"I really want to see how we can get Scott, Michael Czugai - his old classmate 
- and all the remaining members of the Bali 9 back to Australia," he said.

"Scott's done 12 1/2 years. If he were in Australia he would have got 3."

Speaking at an Assembly of Catholic Professionals luncheon in Brisbane last 
week, Mr McDonald, who lives in Bali and still visits Scott Rush "quietly, on a 
weekly basis", said he was motivated by his plight of Rush, who was 19 when he 
was caught, and his parents, Lee and Christine.

"Prison is a lonely place," Mr McDonald said, describing Indonesian prison 
conditions as "4th world".

"12 1/2 years I have seen him very regularly and he is up and down because of 
awful prisons conditions ... it's 7 in a cell ... no bed, no mattress, sleeping 
on the floor, basic meals.

"Scott's a remarkable person. He has faith and faith is one of the things 
keeping him strong.

"He's had the support of his mum and dad, and it has cost Lee and Christine 
mightily - financially and emotionally, and in every sense."

Rush, now 31, and the others - Martin Stephens, Tan Duc Thanh Nguyen, Michael 
Czugaj, Matthew Norman, Si Yi Chen - are serving life sentences.

Renae Lawrence has been the only Bali 9 member eligible to receive reductions 
on her 20-year jail term.

Ringleaders Andrew Chan and Myuran Sukumaran were executed by firing squad on 
Indonesia's Nusakambangan Island in April 2015 for their part in the 2005 
smuggling plot.

Mr McDonald said he sees 2 possibilities to press for the release of the 
remaining Bali 9.

Firstly, the constitutional court in Indonesia handed down a decision in 
September last year to say that people on death row and life sentence could 
make a second judicial review.

"And that's something we are going to explore," Mr McDonald said.

The 2nd avenue is to push for a prisoner exchange program between Indonesia and 
Australia.

"... As we negotiate this comprehensive free trade agreement, and as Indonesia 
emphasises trade in its foreign relations, it's not beyond us to put up some 
values namely we don't want our citizens executed ... and we expect that there 
to be some form of clemency prisoner exchange," Mr McDonald said.

"Well, let's get our prisoners back. If they have to do a few more years here, 
so be it."

Lee and Christine Rush attended the ACP luncheon to add their voice to Mr 
McDonald's new legal push.

"We are very disappointed in Australian laws, Australian processes," Mrs Rush 
said.

"Can you imagine paying to keep your son indefinitely in another (country's) 
prison?

"Cash cows and reluctant frequent travellers. That's what we are. And I am 
disappointed to say the least."

Mr McDonald has defended in 67 murder cases and led 17 death penalty cases in 
Thailand, Singapore and Indonesia.

He has become an expert on the Indonesian legal system.

In 2011, he successfully had Rush's death sentence commuted in an appeal to the 
Indonesian Supreme Court.

Rush had more than a kilogram of heroin strapped to his body.

He was initially sentenced to life imprisonment, but that was upgraded to death 
when an appeal against the decision was quashed in 2006.

Brought up a Catholic in rural Victoria and a student at St Patrick's College 
in Ballarat, Mr McDonald said "faith has been very important" in shaping his 
life and values as a lawyer.

"I would rather live in a generous, caring, outreaching society than one that 
is selfish, doesn't have a respect for the mysterious and the other known 
features that lie in every one of us," he said.

Mr McDonald also warned Australia's relations with Indonesia???s could be 
dramatically influenced by "a growing Islamic exceptionalism, conservatism and 
radicalism manifesting itself in Indonesia".

He pointed to events including the jailing of Jakarta's Chinese Christian 
governor for "blasphemy" after suggesting Muslims could vote for him in an 
upcoming election.

Mr McDonald said there were fears Indonesia could slide into becoming an 
Islamic theocracy.

"We as a country have to prioritise Indonesia and Asia and foreign affairs and 
have very, very intelligent persons in our embassies engaging with Indonesia 
authorities to uphold ... democratic principles in Indonesia. Otherwise we 
could have a lot of boat people - Catholics, Christians, Hindus - coming in," 
he said.

(source: catholicleader.com.au)






TURKEY:

Death Penalty in Turkey Would Mean End to EU Accession Talks: Juncker


The European Union should continue accession negotiations with Turkey but a 
reintroduction of the death penalty would clearly put an end to the process, 
European Commission President Jean-Claude Juncker said on Wednesday.

Turkey abolished the death penalty in 2004 as part of a campaign for EU 
membership. Turkish President Tayyip Erdogan has said he will approve its 
reinstatement if parliament submits such a proposal or if the measure is backed 
in a referendum.

"I am not of the opinion that the accession negotiations with Turkey should be 
stopped now," Juncker said in Berlin during a debate with students about the 
future of Europe.

European officials should still try to convince Turkey that it was in its own 
interest to adopt reforms and move towards Europe instead of turning away from 
the continent and its values, Juncker said.

"If Turkey will ever become a member state, I do not know," Juncker said.

He said he recently made clear in a long conversation with Erdogan that a 
reintroduction of the death penalty in Turkey would be a red line in accession 
talks.

"I told him: If you reintroduce the death penalty, then it's time to end," 
Juncker said.

Tensions between Turkey and the EU are high over rights and security issues, 
but the bloc depends on the help of NATO ally Ankara on migration and the 
conflict in Syria.

After meeting European Council President Donald Tusk and Juncker last week in 
Brussels, Erdogan was quoted as saying he had been presented with a new 
12-month timetable for renewing ties.

(source: Reuters)