[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Tue Sep 11 09:50:23 CDT 2018




September 11




TAIWAN:

Taiwan's Resumption of Executions Is a Major Diplomatic Own-Goal

Taiwan can't effectively preach soft power while continuing to execute its 
citizens.

On the afternoon of Friday Aug. 31, Lee Hung-chi was executed by firing squad 
at a jail in Kaohsiung. His crime was a heinous one.

In April 2014, Lee, now 39, stabbed his ex-wife to death outside the 
kindergarten attended by their 2 young daughters. He then abducted 1 of the 
girls and drove into the mountains where he drugged her, before setting fire to 
charcoal in the car. His objective was for them both to die, but they were 
rescued.

Lee later made a full recovery, but his daughter died in hospital 2 months 
later.

Lee was initially handed a 15-year sentence for the murder of his wife, and a 
life term for causing the death of his daughter. However, Taiwan's High Court 
later increased the sentences to life in prison for his wife's murder and the 
death sentence for his daughter's death. These sterner sentences were 
subsequently upheld by Taiwan???s Supreme Court in 2016.

It is easy to look at the mainstream media coverage of Lee's execution and 
think the decision to proceed was a straightforward one. According to the 
Ministry of Justice statement announcing the execution, Lee had shown no 
remorse and indicated that he still felt the need to gain revenge against his 
ex-wife's family over her taking custody of his daughters. It went on to claim 
that Lee therefore continued to pose a serious threat to law and order.

But as we have seen time and again around the world, the decision for the state 
to execute someone has to take into account far more than the individual 
circumstances and crimes committed. And in Taiwan's unique political position, 
such broader considerations are even more important.

When making decisions over death-row inmates, it seems unlikely that Taiwanese 
officials give much consideration to the diplomatic implications of the use of 
capital punishment. That would require the kind of joined-up government that 
Taiwan is not exactly renowned for. But such considerations should take place 
because the impact this latest execution has had on Taiwan's international 
reputation has been profound.

This execution comes at a time when Taiwan's standing in the developed world is 
at something of a high. In the face of ongoing political and diplomatic 
aggression from the Communist regime in China, Taiwan has retained a dignified 
position and implemented various effective soft-power strategies which have won 
admiration around the world.

The widespread condemnation of Chinese military exercises in the Taiwan Straits 
and the South China Sea and its use of debt-diplomacy to lure the support of 
Taiwan's remaining diplomatic allies has resulted in a steady stream of 
critical government statements and an increase in negative headlines about 
China around the world. All of this is to Taiwan's advantage.

Meanwhile, Taiwan's soft-diplomacy continues to make inroads with the New 
Southbound Policy, which notionally adopts a people-centric approach to 
overseas outreach, beginning to reap real rewards in terms of growing tourism 
and trade links. The United States in particular has shown huge support to 
Taiwan in recent times, passing several pieces of pro-Taiwan legislation to 
allow things like greater military oversight and inter-governmental exchanges.

However, all of this progress has taken a knock as a result of the decision to 
execute Lee because, with the exception of the U.S., there is no other 
developed democratic country on earth which condones capital punishment.

The Executive Director of the Taiwan Alliance to End the Death Penalty (TAEDP), 
Lin Hsinyi told The News Lens that, not long after the Ministry of Justice 
announced the execution of Lee, her organization had fielded calls from the 
representatives offices of the UK, Germany and the European Union to find out 
more about what had happened and why. While they knew that the death penalty 
still existed in Taiwan, they were of the view that, at least under the current 
administration, it would not be used.

Lin Hsinyi spoke at a press conference announcing the release from death row of 
Cheng Hsing-tse, who was wrongfully convicted of the murder of a police 
officer. Cheng was the 5th person to be exonerated after being sentenced to 
death in Taiwan.

That is partly because Lee was the 1st man to be executed under since President 
Tsai Ing-wen came to power in 2016.

All 3 offices subsequently released statements condemning the execution, along 
with many other de-facto embassies in Taiwan. The EU statement described 
capital punishment as ???a cruel and inhumane punishment, which fails to act as 
a deterrent and represents an unacceptable denial of human dignity and 
integrity."

It also made reference to the first EU-Taiwan Human Rights Consultations, which 
were held as recently as this March. At those discussions, the EU pressed 
Taiwan on the issue of capital punishment and discussed the merits of holding a 
broader public debate in Taiwan to ensure Taiwanese people are more informed 
about the consequences and alternatives to capital punishment.

While the Taiwanese representatives at those discussions didn't commit to the 
abolition of the death penalty, they did suggest to the EU representatives that 
they were seeking to make progress. To then carry out an execution less than 6 
months later will only serve to undermine communication and trust between 
Taiwan and the EU.

Some will argue that the execution of Lee will matter little in the context of 
the current geo-political situation in Taiwan. In a sense, they are right, but 
that position overlooks the underlying message that the use of capital 
punishment sends out. Not only does it undermine the sense that Taiwan is 
committed to human rights at all costs, but it also brings into question 
Taiwan's reliability as an ally more generally. If they can't be trusted on 
capital punishment, what can they be trusted on?

Perhaps most damaging of all is the lingering sense that perhaps Taiwan isn't 
so different from Communist China after all. This isn't the countless 
pseudo-judicial killings carried out by the Communist party, but it is still a 
state killing. Differentiation from China is of fundamental importance to 
Taiwan's diplomatic progress and anything which threatens it is potentially 
damaging.

The need for strong leadership

Amnesty International released a tersely-worded statement shortly after the 
execution, describing it as "deeply disappointing' and "an act that casts a 
shadow over Tsai's presidency." They highlighted that President Tsai had 
clearly stated that it was her government's aim to abolish the death penalty 
and noted how 'hollow' that pledge sounds now, especially given that the 
execution took place on the president's birthday.

It doesn't make a great impression and will further fuel those who are perhaps 
questioning Taiwan's honesty over the issue at the EU-Taiwan Human Rights 
Consultations.

Campaigners had hoped that the two-year unofficial moratorium during the Tsai 
presidency might be the prelude to formal abolition. But to deliver that, 
Taiwan has some big domestic hurdles to overcome.

Public support for the death penalty in Taiwan remains high. This is a fact. 
But it also oversimplifies what is a complicated and ethically challenging 
issue.

According to the TAEDP, around 80 % of Taiwanese people support the continued 
use of capital punishment. However, this level of support is only achieved by 
asking people the direct and simplistic question, "Do you support the death 
penalty?" Once you start placing capital punishment alongside more humane 
alternatives, support drops dramatically.

In 2014, TAEDP carried out a survey which asked people about a possible 
alternative to capital punishment. Their suggestion was that death row inmates 
could have their sentences replaced with a life sentence without the 
possibility of parole. In addition, they proposed that these inmates would be 
required to work while in prison to compensate the families of their victims. 
When presented with this alternative, 71 % of respondents were supportive of 
such a change.

What this survey shows is that while on the face of it people do support the 
death penalty, what they really want is strong justice which makes them feel 
safe and punishes those guilty of the most atrocious offences. They believe the 
death penalty offers this. But it is not the only solution and there are 
alternatives which can gain similar support if communicated to the people 
effectively. That is what the EU was pushing towards in their discussions with 
the Taiwanese Government back in March.

However, making progress with replacing the death penalty in this way requires 
strong leadership, deeper thinking, and political courage. And at the moment in 
Taiwan, all of this is sadly lacking. Elected officials look at polls which 
show high support for capital punishment and don't see any need to consider 
alternatives that might be better for Taiwan and its people in the long run.

This lack of courage and conviction and willingness to take political risks is 
to the detriment of the Taiwanese people, the political parties themselves, and 
the country as a whole. Few people will switch their vote on the basis of their 
support or opposition to the death penalty. There are other issues which carry 
far more importance with the electorate. Meanwhile, the diplomatic and 
soft-power gains from abolition would be significant, as shown by the negative 
reaction to Lee's execution. But still, no politician from either main party is 
willing to make a stand.

The example of Mongolia

You do not have to look too far to see what can be achieved when the leader of 
a country shows the moral and political fortitude to stand up for what they 
believe in.

In 2016, the death penalty was abolished in Mongolia in a move spearheaded and 
driven by President Tsakhiagiin Elbegdorj. Elbegdorj was elected in 2009 and 
immediately began using his prerogative of pardon to prevent the use of the 
death penalty. He repeatedly stated that he believed Mongolia should follow the 
lead of most other civilized countries and abolish capital punishment.

The announcement was not popular with politicians of all sides and the majority 
of the Mongolian people opposed to his stance. Over the next 2 years, the 
president worked closely with politicians of all parties and the Mongolian 
public on possible alternatives to capital punishment.

On Jan. 5, 2012, less than 3 years later, a bill to abolish the death penalty 
in Mongolia was passed. It achieved the support of the vast majority of 
politicians of all colors, as well as the approval of most of the Mongolian 
people.

The road to abolition in Mongolia is clear evidence of what can be achieved 
with strong leadership, an open public debate on the issues, cross-party 
consultation, and viable alternatives being proposed. And it is worth noting 
that Mongolian politics is every bit as partisan as it is here in Taiwan.

Where does Taiwan go from here?

Taiwan needs to learn from their achievements. And it needs to learn fast. 
Taiwan???s standing in the world owes much to its position as Asia's most 
thriving democracy and as a beacon of human rights, in contrast to the dire 
situation in neighboring China.

But as long as the death penalty remains, this reputation is consistently 
undermined. As long as the Taiwanese state grants itself the authority to take 
the life of its citizens, it leaves itself open to unnecessary comparisons with 
its authoritarian neighbors.

It is time that President Tsai showed the courage of her convictions. Her 
lagging polls are more down to her failure to deliver what supporters expected 
and were promised of her than any single issue. She was swept to victory by a 
landslide with hope for real change. But she has failed to deliver this on 
issues of fundamental importance such as transitional justice for indigenous 
peoples, equal marriage, and capital punishment. Her supporters are 
disillusioned.

As Lin Hsinyi of TAEDP said to me when discussing this issue, "If you say your 
long-term goal is to abolish the death penalty gradually, then you must do 
something to move towards that goal. You cannot say I'm going to abolish the 
death penalty gradually, and then do nothing because you think that's what the 
public wants. I think we have to learn from Mongolia on this."

The international condemnation of the execution of Lee Hung-chi should have 
rattled President Tsai and her government. It should have officials across the 
Taiwanese government questioning whether it is worth continuing with a policy 
so strongly opposed by those allies Taiwan depends upon.

It is not too late from President Tsai to show some moral fortitude and deliver 
the strong leadership decisions that her supporters want. She doesn't have a 
lot to lose by pursuing abolition of the death penalty, but so much to gain. 
The question is whether President Tsai or those around her can summon up the 
courage to do the right thing for Taiwan and the Taiwanese people.

(source: David Evans is a pseudonym. The author has a background in politics 
and corporate public affairs. He is writing under a pseudonym to avoid 
complications in his day job.----thenewslens.com)








SOUTH KOREA:

Human rights watchdog recommends accession to protocol renouncing death penalty



The National Human Rights Commission recommended Tuesday that South Korea 
accede to an international protocol renouncing the use of death penalty.

The 11 members of the commission unanimously made the recommendation that the 
country join the Second Optional Protocol to the International Covenant on 
Civil and Political Rights, which aims to the abolish the death penalty, during 
the 1st meeting presided over by new Chairperson Choi Yeong-ae.

South Korea is 1 of 4 members of the 36-nation Organization for Economic 
Co-operation and Development that have not yet acceded to the protocol, along 
with the United States, Israel and Japan.

South Korea has a de-facto moratorium on capital punishment.

The country still issues the death penalty, but has not carried out an 
execution since 1998, nor has the country officially declared its 
discontinuance.

"Opinion polls have so far shown that a majority of people expressed views that 
the death penalty is inevitable due to such reasons as extreme pain and sense 
of loss among victims' families, the realization of justice and crime 
prevention," the commission said.

"We are well aware of these views and concerns, but it is difficult to see it 
as the only and genuine compensation to victims and their families to deprive 
criminals of their lives," it said.

By acceding to the protocol, the commission said it hopes the country will make 
the suspension of executions official and take steps to abolish capital 
punishment.

It also urged the government to vote for a UN resolution on a moratorium on the 
death penalty expected to be tabled at the UN General Assembly in December.

(source: Korea Herald)








INDIA:

No gallows in state to execute death penalty



There are no gallows in Telangana to execute death penalty.

Prison authorities pointed out that after death sentence is given by the court, 
an appeal against the conviction is always filed in higher courts and the 
execution is not carried out immediately.

"If in future the death sentence is upheld by higher courts, necessary 
arrangements can be made in any jail to carry out the execution," a prisons 
department official said.

There used to be gallows at Secunderabad Jail, located at Musheerabad. The jail 
was shifted to Cherlapally in 1998. The entire jail building and blocks were 
dismantled. Subsequently, Gandhi hospital came up on the same premises.

"Gallows can be set up within a month," prisons IG, B Saidaiah told TOI. He 
explained that anyone from the prisons department can be trained as a hangman 
to carry out the executions when required. There is no such post of 'hangman'. 
The gallows at Secunderabad Jail were dismantled as united Andhra Pradesh 
government felt that if there were to be any executions, they could be carried 
out at Rajahmundry Jail where there is a facility.

Following the death penalty given to Aneeq Shafique and Ismail Chowdhari, the 
prisons department authorities have taken additional measures for security in 
jail. The 2 convicts will not be allowed to mingle with other prisoners and 
will be under constant watch.

(source: timesofindia.com)

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

Hyderabad twin blasts case: 2 get death penalty, 1 sentenced to life



2 of the 2 convicted in the Hyderabad twin blasts case have been awarded death 
sentence while the 3rd has been sentenced to life imprisonment by a Special 
Court of the National Investigation Agency (NIA), news agency ANI reported. 
Aneeq Sayeed, Ismail Chaudhary (both awarded death penalty) and Tariq Anjum 
(sentenced for life) were convicted in the 2007 Hyderabad twin blast case.

A court in Hyderabad today convicted Tariq Anjum, an alleged operative of the 
Indian Mujahideen (IM), guilty for providing shelter to the other accused. 
Aneeq Sayeed and Ismail Chaudhary were convicted on September 4.

2 other accused, Farooq Sharfuddin and Sadiq Ahmed Sheikh, were acquitted for 
lack of evidence while the fate of a 5th accused will be decided next week.

While 32 people were killed at Gokul Chat, a popular eatery, 10 others lost 
their lives at Lumbini Park, near State Secretariat, in near simultaneous 
blasts around 7.45 pm on August 25, 2007.

More than 50 were injured in the blasts.

The accused were arrested by the Maharashtra Anti-Terrorism Squad in October 
2008. 3 other accused including IM chief Riyaz Bhatkal and his brother Iqbal 
Bhatkal still remain at large.

(source: India Today)








PAKISTAN:

Pakistan army chief confirms death sentences for 13 Taliban



Pakistan's army chief has confirmed death sentences for 13 "hardcore 
terrorists" after military courts found them guilty of carrying out attacks 
that killed 202 people including 151 civilians.

In a statement Monday, the military says Gen. Qamar Javed Bajwa also approved 
prison terms for seven convicts involved in acts of terrorism, including the 
destruction of educational institutions.

It added that the 13 convicted Pakistani Taliban had killed 151 civilians and 
51 security forces attacks in recent years that also saw 249 others wounded.

The trials are closed to the public but defendants are allowed to hire lawyers.

After a 2014 attack on a school in Peshawar that killed more than 150 people, 
mostly students, Pakistan resumed military trials for militants and lifted a 
moratorium on the death penalty.

(source: Associated Press)

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

Pakistan sentences nearly 30 people to death in a month



Pakistan's army chief has confirmed death sentences for 13 militants, 
authorities said Monday, bringing the total executions ordered by secret 
military courts over the past month to at least 28.

The military said the 13 convicted militants sentenced Monday were involved in 
attacks on the armed forces, destruction of schools, and killing of innocent 
civilians.

"On the whole, they were involved in killing of 202 persons including 151 
civilians, 51 Armed Forces/Frontier Constabulary/ Police Officials and injuring 
249 others," according to an army statement.

It came after the military announced on August 16 that it had sentenced 15 
militants to death.

The military courts allow the army to try civilians on terror charges in 
secret, despite strong criticism from rights groups.

They were established in the wake of a December 2014 Taliban massacre at an 
army-run school in Peshawar that killed over 150 people, mostly school 
children.

Following that attack the government lifted the moratorium on the death 
penalty. Scores of militants have since been condemned to death.

Excluding China, rights group Amnesty International says Iran, Saudi Arabia, 
Iraq and Pakistan -- in that order -- carried out 84 % of all executions in 
2017.

Activists say that the secret military trials violate rule of law and capital 
punishment after such trials denies right to life.

"Secret military trials of civilians that flout even basic fair trial 
guarantees are a blow to the rule of law and human rights," Reema Omer, a legal 
advisor at International Commission of Jurists (ICJ), told AFP

"The imposition of the death penalty after such trials violates the right to 
life, as according to the ICCPR (International Covenant on Civil and Political 
Rights), to which Pakistan is a party, proceedings in death penalty cases must 
must strictly comply with all fair trial rights," she added.

Pakistan has been fighting a homegrown Islamist insurgency since 2004, when 
militants displaced by the US-led invasion of Afghanistan began a campaign in 
border tribal areas.

Security has dramatically improved in the country in recent years.

But in April 2017, parliament voted to extend the courts for another 2 years.

Neither statement gave a date for the executions, but hangings have often been 
carried out within 24-48 hours in the past.

(source: abs-cbn.com)








IRAN:

Amnesty fears 2 Kurds in Iran could face death penalty



Amnesty International on Monday expressed worries that 2 Kurds Iran arrested 
might face the death penalty after at least 6 Kurdish political prisoners were 
executed over the weekend.

On Aug. 3, security forces arrested Iranian Kurds Houshmand Alipour and 
Mohammad Ostadghader who have been held incommunicado for weeks.

Kurdish media reports suggest they were Peshmerga fighters for Iranian Kurdish 
opposition group, the Kurdistan Freedom Party (PAK).

They appeared on state television on Aug. 7 to make a forced "confession" 
incriminating themselves.

They have had little access to their families and no access to lawyers of their 
choosing, Amnesty said.

Both were detained by security forces near Saqqez, Kurdistan Province, on 
suspicion of taking part in an armed attack against a security base in that 
city.

Ostadghader was shot and injured during the arrest but has been denied medical 
care.

Houshmand called his family on Sept. 1, during which he said the pair were 
initially held in a detention center in Baneh where they were tortured into 
making "confessions."

He said the only reason he made the "confession" was to stop the torture.

On Aug. 9, the PAK issued a statement taking responsibility for the attack. The 
group is based in the Kurdistan Region and has mostly engaged in fights against 
the Islamic State (IS) in Iraq.

It stated that Houshmand and Ostadghader were arrested after they went inside 
the base to rescue injured PAK members who had taken part in the attack.

According to Amnesty, Houshmand's family said both men are PAK members but are 
not involved in armed activities and had entered Iran to raise awareness about 
the group to Iranian Kurds.

Moreover, Mostafa Alipour, Houshmand's father, told Iran Human Rights that his 
son and Ostadghader did not come to the Kurdistan Region for armed operations, 
and were forced to confess under torture.

"My son entered Iran with his friends on Aug. 3, when the Islamic Republic 
forces ambushed them," Mostafa stated. "The forces opened fire and arrested 
them."

"They forced a confession out of them. My son didn't enter the country for 
armed operations. He went there for propaganda and political activities, and he 
wanted to talk to Kurdish people."

Nevertheless, he confirmed that Houshmand fought IS extremists for 4 years 
together with the PAK.

"He only fought IS. Everybody knows that he was only armed to fight IS, the 
enemy of all humans. He was injured several times. My son and Mohammad 
Ostadghader defended Iraqi and Iranian Kurdish people," he said.

Amnesty expressed its concerns that the 2 prisoners could face the death 
penalty after their "forced televised 'confessions.'"

Since Saturday, Iran has executed 6 prisoners accused of being members of 
Kurdish parties, and for alleged involvement in armed activities.

Amnesty had earlier condemned the execution of 3 Kurdish prisoners on Saturday.

The executions began the same day Tehran hit Iranian Kurdish opposition groups 
with missiles in the Kurdistan Region city of Koya. The attack killed 18 and 
injured another 49 people.

(source: kurdistan24.net)








IRAQ----executions

Iraq says 7 men convicted of 'terrorism' executed



Iraq executed by hanging 7 of its citizens convicted of "terrorism", the head 
of the health ministry in the southern province of Dhi Qar said on Monday.

Doctor Abdel Hassan al-Jabri said the bodies of the 7 men were handed over on 
Monday to the morgue of the state hospital of Nassiriya, the provincial 
capital.

They had been tried and convicted on charges of "terrorism", he said.

In December last year Iraq declared "victory" over the Islamic State group 
after a 3-year war against the jihadists who once controlled nearly 1/3 of the 
country.

In June, Iraq executed 13 jihadists after IS claimed responsibility for the 
murder of 8 civilians.

Iraq has repeatedly faced criticism from international human rights groups over 
the high number of death sentences handed down by its anti-terrorist courts.

In 2017, at least 111 convicts were hanged in Iraq and this year 44 people have 
been executed.

(source: al-monitor.com)








PHIIPPINES/INDONESIA:

Has Mary Jane Veloso been forsaken by PH gov't?



After 4 failed attempts to meet with President Rodrigo Duterte in Malacanang 
and the supposed lack of attention from officials of the Department of Foreign 
Affairs (DFA), the family of death row convict Mary Jane Veloso feel they have 
been forsaken by the Philippine government in their crusade.

Mary Jane's father Cesar reiterated the family's appeal to the President on 
Monday to make good his promise to help her escape death row in Indonesia, 
following her 2010 conviction for smuggling 2.6 kilograms of heroin.

"With those previous missed visits, and the fact that the DFA has not 
communicated with us for so long, we fear that the government has abandoned our 
case," Cesar said.

He made the statement on Monday during a send off gathering in Quezon City. The 
elder Veloso and Mary Jane's 2 sons, Daniel and Darren, are set to fly to 
Jakarta to visit the jailed housemaid on Sept. 14 and 15.

Written deposition

With their visit, the family seeks to reiterate their call for Mary Jane to be 
allowed to testify through a written deposition against her employers, who she 
accused of human trafficking and of tricking her into transporting the 
contraband.

The execution of the single mother of 2 was stayed after the Philippine 
government notified Indonesia that Veloso needed to give her testimony in the 
human trafficking case.

Last week, Mary Jane, through her counsels from the National Union of People's 
Lawyers, appealed to the Supreme Court the ruling by the Court of Appeals 
denying her plea to be allowed to make a testimony from her prison cell.

"We just wish to remind President Duterte about his promise to help Mary Jane 
after he won in the elections. It's been 2 years now; we do not feel that 
promise anymore," her father said.

Not losing hope

But even with the bleak signals, the Veloso family is not losing hope, 
according to Cesar.

"Our faith in a Divine miracle, and the support shown by many Filipinos, are 
keeping us and Mary Jane strong," he said, citing the generosity of many donors 
who helped defray the costs of their trip to Jakarta on Tuesday.

The family also bought 5 bottles of Mary Jane's "pasalubong" (present) request: 
a Philippine-made cheese spread.

"She is in high spirits. In fact, she is the one who keeps reminding those of 
us here in the Philippines to keep our faith in God strong and to never lose 
hope," he said of Mary Jane.

Arman Hernando, Migrante International spokesperson, said the Duterte 
administration should highlight Mary Jane's case if it was really serious in 
combating drug trafficking.

"This is our chance to point out that victims like Mary Jane deserves support 
from the government and must not be treated as a criminal," he said.

(source: globalnation.inquirer.net)


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