[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

April 12


INDIA:

NLU Delhi's Death Penalty Research Project raises 7 lakhs in 7 days for 
rehabilitation of Adambhai, 1 of the acquitted persons in the 2002 Akshardham 
terror case



In a display of unparalleled compassion, the Death Penalty Research Project, 
National Law University has successfully raised the target amount of Rs. 7 
lakhs in 7 days, to help in rehabilitation of Adam Suleiman Ajmeri, one of the 
acquitted persons in the 2002 Akshardham terror case.

Seeking support for Adambhai and his family, the campaign note had said, "Grim 
memories are woven into Adambhai's past, proffering neither solace nor escape, 
and the future does not seem to hold in its uncertainty the promise of a better 
life. He does not have the means to eke out even a meager living, much less the 
ability to reconstruct his life from the shattered remains of what is left of 
his past. Let us help Adambhai start afresh."

The appeal in the end read, "Your contribution towards setting up Adambhai's 
business will help sustain him and his family. Support Adambhai and his family 
to rebuild their lives and reclaim their lost years. Please donate."

The Death Penalty Research Project first came in contact with Adam bhai in 
February 2014. Mr. Anup Surendranath, Director, Death Penalty Research Project. 
According to Mr. Surendranath's account, Adam bhai contacted them a couple of 
months after his release, with the troubling news that he was finding it very 
difficult to make ends meet. 11 years in prison and inhumane custodial torture 
had left him incapable of doing many things.

Adam bhai was arrested in August 2003; almost 11 months after the terrorist 
attack on the temple, illegally detained for close to a month and was tortured 
to confess the crime.

He was then convicted by a Special Court in 2006, convicted and sentenced him 
to death. The death sentence was confirmed by the High Court in 2010.

In May last year, the Supreme Court had all the 6 accused, after they had spent 
almost 11 years behind the bars.

While acquitting the accused the Court also held that, "Before parting with the 
judgment, we intend to express our anguish about the incompetence with which 
the investigating agencies conducted the investigation of the case of such a 
grievous nature, involving the integrity and security of the Nation. Instead of 
booking the real culprits responsible for taking so many precious lives, the 
police caught innocent people and got imposed the grievous charges against them 
which resulted in their conviction and subsequent sentencing."

Speaking to LiveLaw, Dr. Anup Surendranath had said, "As part of the Death 
Penalty Research Project at NLU Delhi, we had interviewed all three prisoners 
sentenced to death in this case in Ahmedabad Central Jail. While I am of course 
not at liberty to reveal the contents of that conversation, it is heartening to 
see that the Justices AK Patnaik and Gopala Gowda gave sufficient weight to the 
critical lapses in the investigation and trial and rightly found it sufficient 
to acquit the 3 death row prisoners along with others convicted in the case. 
Very often the rhetoric of national security results in compromising the 
integrity of the legal process and it is to the credit of the 2 judges that 
they have upheld the highest traditions of the rule of law."

The 6 acquitted had also demanded compensation, rehabilitation and punishment 
to officials who falsely implicated them in the case. Addressing a Press 
Conference, they had reportedly demanded adequate compensation from the Gujarat 
Government and the then Chief Minister, Narendra Modi, for the long periods of 
confinement that they had to go through.

Adam bhai is now struggling to get back into his life and the Death Penalty 
Research Project has come to its rescue. He now lives with his family of 7, 
consisting of his wife and 6 children in Ahmedabad, struggling to make ends 
meet. He was an auto driver before he got arrested. He is presently unemployed; 
his family subsists on a meager Rs. 5000 per month earned by his elder son 
Muhammad Almas, who runs a sewing unit.

He plans to rent a small area of land on the outskirts of Ahmedabad to rear 
goats and cows to sell milk and milk products. According to his estimates, he 
was to require an initial capital to the tune of Rs 7, 00,000.

The support garnered by the campaign has been tremendous. Last checked, it had 
364 supporters with Rs. 7, 34,452 already raised. DPRP's project would be able 
to save the livelihood of one such wronged person. However, as Mr. Surendranath 
has rightly put it, "Work like this continuously teaches us so many things and 
Adambhai???s struggle has taught us that the romantic notions of freedom has so 
little meaning when faced with the grim realities of daily survival."

(source: Live Law)








MALDIVES:

'New Penal Code violates Islamic Sharia'



The new Penal Code - which was passed last year and is to be implemented 
starting Monday - violates the Islamic Sharia, said Jamiyatthu Salaf.

The organisation had, in a statement on Sunday, noted 4 key points from the 
Penal Code which it believes violates the tenets of Sharia.

The 1st point it raised was that the principles which constitute a crime 
according to the Penal Code are 'alien' to Islamic practices. The organisation 
also said that some of the words used in the document are foreign to Sharia.

The statement said that some of the key terms used in the Penal Code differ 
from the Sharia to the point of being opposites and labelled the document 
'sacrilegious and liberal'.

To describe said inconsistency between the Sharia and the new Penal Code, the 
organisation raised how the word 'motive' was used. It said that 'motive' in 
the Penal Code described the reason behind a crime while in the Sharia; a 
'motive' includes intention as well.

It further said that lawmakers had made no reference to traditional principles 
of Sharia when they had defined murder.

Jammiyatthu Salaf also criticised the Penal Code for being too 'harsh'.

"The punishment for reckless manslaughter is the death penalty" the statement 
read "This is not the punishment specified for that particular crime in the 
Sharia".

(source: HaveeruOnline)








SOMALILAND:

State to Executed Unknown Number of Death Row Inmates Next Week



The government of Somaliland plans to execute unknown number of death row 
prisoners in the coming weeks after the gruesome killings and violent related 
crimes countrywide multiplied in recent times reliable source close to the 
Presidency have revealed.

It's said President Silanyo has already signed the execution orders unknown 
number of death row inmates after a hike in the murders related cases this in 
turn leading the government to stiffen sentences for murderers.

The calls to reintroduce state executionscome after several gruesome murders. 
Death penalty proponents in Somaliland feel that the death penalty reduces 
crime because it deters people from committing murder if they know that they 
will receive the death penalty if they are caught.

(source: Somaliland Press)








PHILIPPINES:

Mayor Duterte wants death penalty back



After presenting four suspects in the kidnapping of an Indian here Friday, 
Mayor Rodrigo Duterte said he wants to restore the death penalty in the 
country.

Duterte proposed death by hanging on kidnappers, drug dealers, and other 
persons involved in heinous crimes.

On Tuesday last week, an Indian identified as Jaspar Malih and a resident of 
Barangay Catalunan Pequeno here was forcibly taken into a vehicle by 
unidentified persons in Barangay Ula, Tugbok District.

4 of the suspects were arrested by authorities, identified as Jerry Singh, 
Josephine Onas, Noel Onin, and Bobby Onin Friday.

Duterte presented the suspects to the media on that day.

However, he did not reveal more details on the operation and arrest of the 
suspects as police are still hunting six of their companions.

After conducting investigations, police here said that the motive of the 
kidnapping was personal grudge. Duterte ruled out earlier reports that it was a 
case of kidnap-for-ransom but police here said that Malhi's abductors demanded 
for a P20-million ransom but was reduced to P200,000.

The victim was turned over to his family here.

(source: Tempo)



INDONESIA:

'Overturn death sentence on Mary Jane' - int'l lawyers group



The International Association of Democratic Lawyers has asked the Indonesian 
government to overturn its death sentence against Mary Jane Veloso, the 
Filipina in death row in Indonesia.

In an April 9 letter of appeal to Indonesian president Joko Widodo, IADL 
president Jeanne Mirer expressed grave concern "because of the numerous 
reported violations of Veloso's human rights, including the right to a fair 
trial and due process, as guaranteed under both domestic and international 
law."

Death penalty, said Mirer, "should be reserved only for the most serious cases 
and that no individual should be arbitrarily deprived of his or her life."

Veloso was sentenced to death months after she was arrested back in 2010. Her 
family said Veloso was a victim of trafficking by no less than her godsister.

The IADL, which has a consultative status to the UN Economic and Social Council 
(ECOSOC) and the UN Educational, Scientific, and Cultural Organization 
(UNESCO), said they hope that the Indonesian government would consider their 
letter.

Mirer stressed in the letter that the "seriousness or gravity of the crime" is 
crucial in determining the severity of the sentence.

Article 6 of the ICCPR and the UN ECOSOC Safeguards Guaranteeing Protection of 
the Rights of Those Facing the Death Penalty, she added, limits imposition of 
death penalty to the "most serious crimes."

The UN Human Rights Committee, for its part, has ruled that death penalty 
should be "an exceptional measure."

"The death penalty is widely considered to be a disproportionate penalty for 
drug-related offences," Mirer said.

She said it means that the death penalty should be reserved for only the 'most 
serious crimes,' and should not be imposed if the offender's level of 
participation "was anything short of maximal."

The international lawyers' group, further stated in its letter that the 
Indonesian court should also assess a defendant's situation as aggravating and 
mitigating circumstances, as covered by the principle of individualized 
sentencing.

The individualized sentencing, Mirer said, provides consideration for 
mitigating evidence for one's case. Failure to consider such would violate 
one's right to not to be "arbitrarily deprived of one's life, to be free from 
inhuman and degrading punishment, to a fair trial, and to access to justice."

Mirer said the death penalty "is final, irreversible, and engages the most 
fundamental of all human rights, namely, the right to life."

"Sentencing a defendant to death by reference to the category of the offence 
rather than the individual circumstances of the offender is arbitrary, 
disproportionate and contrary to the basic norms of due process," she said.

As in this case, Mirer said, Veloso was forced by the dire conditions in the 
country to seek work abroad. Her intention, she said, was not to smuggle heroin 
but to find a job. Veloso, too, was not given due legal services such as a 
duly-accredited translator and a lawyer.

(source: bulatlat.com)

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

Accused Kiwi drug mule's family visits



The family of a New Zealander accused of trafficking drugs into Indonesia will 
see him for the 1st time since his arrest in December.

Shaun de Malmanche says he just wants to hug his father Antony de Malmanche, 
who could face the death penalty for smuggling 1.7kg of methamphetamine into 
Bali.

Adding to the family's worries is the 52-year-old's health.

He had to be carried from the Denpasar courthouse where his trial was being 
heard on Thursday, after clutching at his heart and passing out.

He was taken to two hospitals and was returned to Kerobokan jail on the same 
night, where the governor believes the Kiwi faked his illness for sympathy. But 
his son says he was diagnosed with angina 3 or 4 years ago.

News of the courtroom collapse meant he couldn't wait any longer to come to 
Bali.

"I was thinking the worst, thinking dad's going to die," Shaun de Malmanche 
told AAP.

"I just want to find out what it is and how serious it is.

"I'm looking forward to giving him a hug, being able to talk to him and just 
seeing him."

Mr De Malmanche said he was grateful to Judge Cening Budiyana, who noticed his 
father looking unwell 3 hours into the hearing on Thursday and adjourned it.

De Malmanche's lawyers argue he's a victim of human trafficking who was 
deceived by an international operation that trapped their mule with an online 
romance.

Shaun de Malmanche describes his dad as a kind-hearted man who really believed 
he had found love on the internet.

In the 5 months since the arrest, his family has been scrambling to find the 
funds for his defence.

"It's been very stressful and very surreal, especially being here now," he 
said.

"It's strange being here, doing what we're doing, when dad's down the road in 
the prison."

Prosecutors intend to continue the trial on Thursday.

(source: news.com.au)








CHINA:

Chinese prosecutors seek death penalty for Australian jockey



Chinese prosecutors are seeking the death penalty for an Australian jockey who 
allegedly tried to smuggle more than 3kg of crystal methamphetamine into 
Australia.

Anthony Roger Bannister, 43, from Adelaide, was stopped at Guangzhou airport 
from boarding a flight to Sydney on March 11 last year, the Sydney Morning 
Herald reports.

Customs officers detected the drugs, also known as ice, in envelopes stuffed in 
ladies' handbags in his luggage.

Bannister has told a court in Guangzhou he was unaware the drugs were in his 
luggage and claims he is the unwitting mule in an elaborate smuggling scam 
perpetrated by three men he identified as "Justin", "KC" and "John Law".

"I do believe that I have been set up," Bannister told the court in a trial 
which was held in October but which has only just come to light.

"They've used me as a mule."

Bannister said the 3 men had convinced him he could obtain a lucrative divorce 
settlement from his ex-wife, a Filipino woman he met while living in Japan, but 
first a series of documents needed to be signed in person in Guangzhou, 
resulting in him travelling to the city 5 times in the space of 4 months, 
usually only for a few days at a time.

Prosecutors said Mr Bannister's account was "conflicting and illogical" and 
that he chose to smuggle drugs because he was unemployed and had no income.

The prosecutors recommended the death penalty, to be carried out promptly.

Bannister's fate will be decided by 3 Chinese judges presiding over his case, 
who are yet to reach a verdict.

The accused man's older brother James said his younger brother, who had 
learning difficulties growing up and dropped out of school after year 9 to take 
up an apprenticeship as a jockey in Mount Gambier, was naive and trusting 
enough to fall for such a scam.

At least 10 Australians have been charged in China in the past year with 
serious drug offences that can attract the death penalty.

Most if not all these cases involve the trafficking of ice from Guangzhou, in 
China's south, which has become a hub for the ice trade to Australia because of 
its international transport links and ready availability of precursor chemicals

(source: 9news.com.au)








JAPAN:

Japan 'isolated' from world on death penalty: Amnesty International researcher



Japan is "extremely isolated" from the world on the question of the death 
penalty, according to Jan Wetzel, a senior policy adviser at human rights and 
capital punishment lobby group Amnesty International.

Wetzel said 22 countries carried out capital punishment last year, or "about 10 
% of the states of the world." He was speaking during an interview in Tokyo.

"In the global trend, countries like Japan that (maintain the) death penalty 
are becoming extremely isolated."

The results of an opinion poll released by the Cabinet Office in January showed 
that 80 % of Japanese want the death penalty to remain, while less than 10 % 
support abolition.

Wetzel noted that Japan and the United States are the only major industrialized 
countries that have the death penalty.

Of the 2, the United States is showing "a real move away from death penalty," 
with 6 states having decided in recent years to abolish it, Wetzel said.

An insistence on a harsh penalty by victims' relatives is widely seen as one 
factor behind Japan's stubborn opposition to abolition.

On the other hand, many who seek the abolition of the death penalty say 
execution is murder. In the United States, some victims' families have 
protested capital punishment, Wetzel said.

Japan should review its policy not least because of the case of Iwao Hakamada, 
Wetzel said.

Hakamada, a former professional boxer, was released from death row following a 
court decision last year to reopen his case. He was arrested in August 1966 on 
charges of killing 4 members of a family in Shimizu, Shizuoka Prefecture, and 
spent 48 years in detention and for most of that time lived in fear that he 
would be killed the following day.

Wetzel said the penal system had caused Hakamada and his family many years of 
psychological suffering.

"We hope that this case and others will spark wider discussion on the death 
penalty in Japan."

Japan, Wetzel added, "needs to decide which side it wants to be in the future," 
grouped with countries like North Korea and Iran, or to join "the majority of 
the world that say death penalty is outdated."

(source: Japan Times)