[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 10



SOUTH AFRICA:

Death penalty is inherently racist


Not all people have access to quality representation - so to impose 
State-sanctioned violence would be unfair, says Pierre de Vos.

South Africans who campaign for the re-introduction of the death penalty 
usually advance one of 2 arguments. They either argue that re-introducing the 
death penalty would deter criminals from committing murder, or they support it 
to satisfy the need of society to take revenge on violent killers.

There are valid reasons to punish those found guilty of crime. Revenge (or 
retribution) is indeed one such reason. As former chief justice Arthur 
Chaskalson remarked in S v Makwanyane: "The righteous anger of family and 
friends of the murder victim, reinforced by the public abhorrence of vile 
crimes, is easily translated into a call for vengeance."

But it seems to me society as a whole is demeaned when we allow the State to 
become a killer to give effect to the understandable urge of society to take 
revenge on the perpetrators of heinous crimes.

Executing a prisoner is a brutal and violent act. Whether a man or woman is 
hanged, beheaded, injected with poison or shot, this violence and brutality 
would be perpetrated by the State in our name and on our behalf. To endorse the 
death penalty is to endorse State violence and the brutality that necessarily 
forms part of premeditating killing.

The death penalty thus brutalises society and implicates us all in the kind of 
violence we wish perpetrators to be punished for.

Besides, as Justice Chaskalson remarked in S v Makwanyane: "Capital punishment 
is not the only way that society has of expressing its moral outrage at the 
crime that has been committed. We have long outgrown the literal application of 
the Biblical injunction of 'an eye for an eye, and a tooth for a tooth'... The 
State does not need to engage in the cold and calculated killing of murderers 
in order to express moral outrage at their conduct. A very long prison sentence 
is also a way of expressing outrage and visiting retribution upon the 
criminal."

The argument against revenge as an appropriate justification for imposing the 
death penalty is an ethical one. I understand that individuals with different 
ethical views than myself may not be opposed to brutality and violence if it is 
meted out by the State and if they believe those on its receiving end deserve 
it.

But it would be more honest for those who support the death penalty because 
they have no ethical problem with State-sanctioned brutality and violence in 
pursuit of vengeance, to just say they do, and to not claim that their support 
for the death penalty is based on its supposed deterrent effect.

This is so because there is no evidence to support the argument that the 
imposition of the death penalty deters violent criminals from committing 
murder.

I have yet to see any evidence of a violent criminal modifying his or her 
behaviour because of the remote possibility that he or she would be convicted 
and executed. To assume otherwise would be to assume that violent criminals 
always make perfectly rational choices. It would also assume that they believe 
they will be caught, tried and convicted for the crimes they commit.

But in South Africa only a small minority of violent criminals are caught, 
convicted and punished for their crimes, so any criminals making rational 
decisions about their actions might well look at the criminal justice system 
and assume they will never be caught.

As Justice Chaskalson pointed out in Makwanyane: "The greatest deterrent to 
crime is the likelihood that offenders will be apprehended, convicted and 
punished. It is that which is presently lacking in our criminal justice system; 
and it is at this level, and through addressing the causes of crime, that the 
State must seek to combat lawlessness."

Addressing the causes of violent crime and improving the effectiveness of the 
criminal justice system is a long-term project. It requires resources, 
political commitment and more than a bit of wisdom. It requires the 
de-politicisation of the SAPS and the improvement of police management, 
retraining police officers and prosecutors, the appointment of competent 
detectives, and the police to take steps to gain the trust of the society whose 
co-operation they need and whom they are tasked to protect.

Reintroducing the death penalty will not address these systemic problems - it 
will give the appearance of doing something about violent crime while not doing 
anything about it (much like the talk of "shoot to kill" did).

In the South African context there is, of course, another profoundly important 
reason the imposition of the death penalty is unconscionable. It is that race 
and class play a role in the quality of the legal representation an accused 
person receives. It is likely that a disproportionate number of poor black 
people would be sentenced to death.

In South Africa (as in the US), the death penalty is inherently racist.

People of all races commit violent crime, but not all violent criminals receive 
the same quality of justice. The outcome of a case may be dependent on factors 
such as the way the case is investigated (the richer and more famous the 
victim, the better the investigation is likely to be), the way the case is 
presented by the prosecutor, how effectively the accused is defended and the 
attitude to capital punishment of the trial judge.

As Justice Chaskalson pointed out in Makwanyane: "Most accused facing a 
possible death sentence are unable to afford legal assistance, and are defended 
under the pro deo system. The defending counsel is, more often than not, young 
and inexperienced, frequently of a different race to his or her client and, if 
this is the case, usually has to consult through an interpreter. Pro deo 
counsel are paid only a nominal fee and generally lack the resources to 
undertake the necessary investigations and research, to employ expert witnesses 
... and generally to conduct an effective defence.

"Accused persons who have the money to do so, are able to retain experienced 
counsel who are paid to undertake the necessary investigations and research 
and, as a result, they are less likely to be sentenced to death than those who 
are unable to pay for such services."

There is one kind of justice for the rich and another for the poor. This means 
that the imposition of the death penalty will at least partly be influenced by 
factors that have nothing to do with the relative blameworthiness of the 
criminal.

To allow for the imposition of the death penalty where a person???s race or 
class, or that of his or her victim, will potentially play a role in whether 
the murderer lives or dies, flies in the face of the most basic values 
enshrined in our constitution.

Of course, it is not only when the death penalty is imposed that the criminal 
justice system does not treat all people the same. It is imperative that the 
State and the judiciary begin to grapple with this grave injustice and start 
addressing the inherent inequalities in the system.

But the injustice is more severe when the death penalty is imposed and where a 
person is executed. The death penalty is final and, if a mistake is discovered 
after a person has been executed, there is no way to rectify it. "Unjust 
imprisonment is a great wrong, but, if it is discovered, the prisoner can be 
released and compensated; but the killing of an innocent person is 
irremediable."

Campaigns to reintroduce the death penalty are counter-productive. They detract 
attention from the true causes of violent crime - including inequality and 
deprivation, and ineffective policing - and create the false impression that 
there is a magic bullet to deal with violent crime. Instead of clamouring for 
the return of State-sanctioned killing, citizens should demand that the State 
speed up the eradication of inequality and improve the manner in which crime is 
investigated and prosecuted.

It's a pity that so many citizens are blinded by their desire for revenge and 
cannot see that their talk of reintroducing the death penalty gives our 
politicians a free pass.

(source: Pierre de Vos teaches constitutional law at UCT and writes a regular 
blog Constitutionally Speaking; The views expressed here are not necessarily 
those of Independent Media.






UNITED ARAB EMIRATES:

Family of dead maid accepts blood money----4 men, who were sentenced to death 
for rape and murder, were bailed


4 men facing the death penalty for raping, killing and dismembering an 
Ethiopian maid five years ago have been bailed after blood money was paid to 
the victim's family.

The Sharjah Appeals Court dropped the death penalty, according to a ruling 
announced on Monday by presiding Judge Abdullah Yousif Al Shamisi.

The court reversed the death penalty and reduced the prison sentence to 3 years 
each.

The Emirati men, who have now spent more than 5 years in jail, are now out on 
bail, according to their lawyer.

Salem Obaid Bin Sahoo, the men's lawyer, told Gulf News that the ruling 
announced on Monday follows payment of Dh100,000 by the convicted men.

"We received a pardon from Ethopian authorities through the Ethiopian consulate 
in Dubai and we were told that the victim's family had accepted the blood money 
and dropped the demand for the death penalty," he said.

"The amount of Dh100,000 has been deposited in the safe of the court and they 
were bailed on this basis," he said.

The approval by the family is a complete reversal from its original refusal to 
pardon the killers during the early days of the case.

In 2010, the Sharjah Court of First Instance issued the death penalty to A.M., 
35, S.R., 32, H.A., 33, and A.J., 30, for the gruesome murder in what became 
known as the "Al Dhaid murder".

The original verdict was handed down by Judge Yaqoub Al Hammadi and two other 
judges on the bench, Hussain Al Asoufi and Ahmad Awdh.

Sharjah Police had earlier said it was 1 of the gravest crimes of its kind as 
it included rape, alcohol and murder.

According to court records, the 4 kidnapped an Ethiopian maid in Khor Fakkan, 
taped her mouth, pushed her into their Land Cruiser and took her to the desert 
in August 2009.

They raped her in Khor Fakkan, dragged her into their vehicle again, before 
driving to Al Dhaid mountains where the act was repeated.

Prosecutors said after raping her in Al Dhaid the men ran their SUV over her 
head and battered her with rocks before attempting to hide her body.

According to the police, in 2004, one of the killers had raped and killed a 
13-year-old Pakistani girl with 2 other accomplices. They were all sentenced to 
death, but he was forgiven by the victim's father.

Cases involving capital punishment automatically go to appeal.

Representatives from the Ethiopian consul attended the session and followed up 
the case with the court on the behalf of the family.

The next hearing is scheduled for December 22.

(source: GULF News)






BANGLADESH:

Kamaruzzaman's execution may take time: AG


The execution of condemned war criminal Muhammad Kamaruzzaman might take time, 
Attorney General Mahbubey Alam hinted today.

"The Appellate Division has not issued an order to execute Kamaruzzaman yet. It 
appears that the apex court will deliver the full verdict before ordering for 
execution," he told reporters at a press briefing at his office on the High 
Court premises this afternoon.

However, he did not specify as to how long it might take to execute the 
criminal who was handed death for his crimes against humanity during the 
Liberation War of 1971.

Mahbubey Alam said the Supreme Court will send its full verdict to the 
International Crimes Tribunal. "The tribunal will send Kamaruzzaman's death 
warrant to the jail authorities if nothing otherwise is stated in the full 
verdict," he said.

"It will then be upon the government," the attorney general added.

Meanwhile, Hasan Iqbal, son of the Jamaat-e-Islami leader, termed the Supreme 
Court verdict that upheld the death penalty to his father "a perverse 
judgement".

Kamaruzzaman's death sentence is unjust as he was not involved in any killing 
including the Sohagpur incident, Iqbal told a press conference at the Supreme 
Court Bar Association auditorium where other family members of Kamaruzzaman 
were also present.

"My father is completely innocent,' Iqbal said adding that Kamaruzzaman was 
implicated in a war crimes case for political reason.

"We hope that the Appellate Division will establish justice by reconsidering 
the judgement and acquitting him from the charges," he said.

Replying to a question, Iqbal reiterated that his father will decide about 
presidential mercy after the SC disposes of review petition to be filed with 
the apex court after getting the full judgement of the verdict.

On November 3, the SC upheld the death penalty for Kamaruzzaman, a key 
organiser of the infamous Al-Badr Bahini responsible for abducting, torturing 
and killing freedom fighters, intellectuals and pro-liberation people in 1971.

The international community, including 2 United Nations' rights workers and the 
Human Rights Watch, have apprehended the death penalty and urged the government 
of Bangladesh to halt the war criminal's execution immediately.

However, the Dhaka jail has already been asked to prepare for the execution.

There has been confusion as to whether Kamaruzzaman can appeal for a review 
against the apex court judgement.

At the briefing, AG Mahbubey Alam terms the statement of Iqbal "contemptuous".

A war criminal's son has made an "arrogant and indecent" statement about the SC 
verdict, which is regretting, the attorney general said.

Ruling out Iqbal's claim that his father is innocent, Alam said the apex court 
has delivered the judgement after examining arguments from both the prosecution 
and defence.

(source: The Daily Star)