[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Dec. 18



INDIA:

Death sentence upheld by Rajasthan court in bomb blast case


A court in Dausa today upheld its previous judgment of capital punishment for 
Abdul Hamid, the convict in a 1996 bomb blast case, after reviewing the case on 
the direction of the Rajasthan High court.

Additional District Judge Alka Bansal upheld the judgment.

The court had pronounced its judgment to award death penalty to Hamid in 
September last year.

Hamid had, through his counsel, had appealed in the high court saying that the 
lower court did not hear the case point-wise, following which the high court 
gave directions to the lower court to hear and review the case again.

After completing the procedure, the lower court pronounced the judgment today.

While Hamid was awarded capital punishment, 6 others were given life 
imprisonment for the blast in a Rajasthan Roadways bus near Samleti in Dausa 
that left 14 people dead and 37 injured on May 22, 1996.

The bus was on its way to Bikaner from Agra.

(source: Business Standard)






IRAN:

Will Iran end the death penalty for drug smuggling?


Iran, which executes more people per capita than any other country in the 
world, is taking preliminary steps to reduce the use of the death penalty in 
drug-related cases, although many believe it will be difficult to implement 
such a change.

Iran's staggering number of drug-related executions in the country is on pace 
to exceed 1,000 for 2015, according to the UN investigator for Iran, Ahmed 
Shaheed. In July, Iran officially announced the executions of 246 people, but 
Amnesty International placed the number then at 694.

The Iranian parliament's website reported Dec. 8 that 70 MPs signed on to a 
bill to eliminate the death penalty for nonviolent drug smuggling in the 
country. Many activists and Iranians on social media welcomed the news. On the 
other hand, officials who spoke to Shargh Daily in a Dec. 17 article said 
change will take time and face stiff opposition. There are 290 members of 
parliament.

Mohammad Ali Asfanany, a member of parliament's Judicial and Legal Committee, 
told Shargh there have been no sessions devoted to the issue since the proposal 
was presented. Asfanany seemed skeptical that anything will be done soon, 
saying, "Entering this issue, we must be observant of sensitivities because 
this is a very difficult task."

Asfanany said an expert review and more discussions are needed to answer all 
the questions of those opposed. "We're at the beginning of the path and must 
not rush," he said.

In an interview with the Islamic Consultative Assembly News Agency, Mir-Hadi 
Gharaseyyed Romiani, also a member of parliament's Judicial and Legal 
Committee, said some prisoners could be released and some could have lengthy 
sentences reduced or removed.

"Iran has paid a heavy price in its fight preventing the transit of drugs to 
Europe, and most of the executions are related to this issue," Gharaseyyed 
Romiani noted.

Iranian officials seem divided over this issue depending on their agency.

Saeed Safatian, former director for treatment at Iran Drug Control 
headquarters, told the Health and Treatment News Agency on Dec. 16 he is in 
favor of ending the death penalty in nonviolent drug cases. He challenged the 
penalty's value, saying the number of traffickers has increased while the law 
has been in effect.

Ali Moayedi, Iran???s anti-narcotics police chief, however, argued against the 
proposal, saying laws decreasing the punishment for drug smuggling have "opened 
the path for drug smugglers."

Mohammad Javad Larijani, secretary of Iran???s Human Rights Council, who 
usually spends considerable time countering allegations from the UN's Shaheed, 
said that if the bill is passed, "80% of the executions will go away."

(source: al-monitor.com)






MALAYSIA:

4 face death penalty if convicted of drug trafficking


4 individuals, including a woman who has just completed her confinement period 
following a miscarriage, could face a death penalty by hanging should they be 
convicted of trafficking 2.06kg of cannabis.

Shazlina Azlin Mat Daud, 36, Azhariza Zakaria, 39, Zaki Mohd Ali, 34, and 
Norihan Ali, 36, were jointly charged under Section 39B (1) (a) of the 
Dangerous Drugs Act for allegedly trafficking the cannabis on Dec 7 this year 
around 9.30pm in the Seri Maya Condominium in Ampang.

According to police sources, it is believed that the cannabis were meant for 
vape juice production.

The offence is punishable under Section 39B (2) that provides a mandatory death 
penalty by hanging if convicted of the offence.

No plea was recorded when the charge was read before magistrate Izuwan Mohd Nor 
this morning.

Deputy public prosecutor Nurakmal Farhan Aziz did not offer bail as it is an 
non-bailable offence.

The 2 women - Shazlina Azlin and Norihan who were brought into the courtroom in 
handcuffs sobbed uncontrollably.

It is learnt that Norihan, who was spotted with a bump had recently suffered a 
miscarriage and she was seen pleading to the police officers before entering 
the court.

Counsel Haijan Omar appeared for Shazlina Azlin, Khairulamin Abdullah for Zaki 
and Norihan while the second accused, Azhariza was unrepresented.

Shazlina was also slapped with 3 other counts of charges - 2 counts for 
possessing a total of 245g cannabis under Section 6 of the same act, and 
another for trafficking 3kg of cannabis under Section 39B (1) (a) of the same 
act.

She cried incessantly for some 30 minutes when her family members hugged her in 
the dock in different courts for the separate charges.

She pleaded not guilty for the 2 counts of drug possession and no plea was 
recorded for the trafficking charge.

The court then fixed Jan 19 for re-mention for all the cases pending chemists' 
reports.

(source: therakyatpost.com)






VIETNAM:

2 men sentenced to death for murder


The People's Court of the southern province of Binh Phuoc yesterday sentenced 
Nguyen Hai Duong and Vu Van Tien, both 24, to death on charges of murdering 6 
family members in their home and robbing VND50 million (US$2,200) worth of 
their family assets on July 7.

The court also announced a sentence of 13 years in prison for Tran Dinh Thoai, 
27, from Vinh Long Province, on a charge of attempted murder and 3 years on a 
charge of robbery.

Thoai had helped Duong to buy a stun gun and electrical wire, and showed him 
how to use them, the court said.

The Procuracy also asked that all 3 defendants pay the family of the deceased 
VND480 million ($21,290) in compensation.

According to the police, Nguyen Hai Duong, from the Cuu Long (Mekong) Delta 
province of An Giang was the key murderer. Vu Van Tien from Binh Phuoc Province 
was the chief accomplice in the murders.

Duong and Tien had no previous convictions. Police said the two men had drunk a 
little wine prior to the murders, but the amount had little effect on their 
thinking.

According to the court, Duong was motivated by revenge because of his 
relationship with Le Thi Anh Linh, 22, who was killed along with her parents.

His relationship with Linh had been rejected by the family, including Linh's 
father Le Van My, 48, a wood-processing magnate.

Duong and Linh had been involved romantically for more than 2 years, and Duong 
had once lived in the family's villa.

In April, Duong began thinking of a plan to kill Linh and My's family and rob 
them of their assets.

Duong then bought a metal-ball gun, a stun gun, a 30-cm knife, a 7-cm 
switchblade, masks, gloves, strings, plastic tapes, a new SIM card and other 
items in preparation for his crime. He also borrowed a motorcycle from his 
aunt.

On July 6, Duong met Tien for coffee and asked him to follow him to a site to 
rob a wealthy family.

Approaching the house at 2am, Duong told Du Minh Vy, a relative of the family 
living at the house, that he would give him money if he opened the gate.

Vy unlocked the gate to permit Duong entry. Duong then killed Vy.

After asking several people in the house where cash was stored, Duong and Tien 
tied up 6 people and used knives to kill all of them, except a 2-year-old girl. 
All the deceased victims, who had been living at the house, had their throats 
slit.

The 2 men were captured four days after Le Van My, his wife, son, daughter and 
two other relatives were found dead in their villa in Chon Thanh District, 
according to police.

In a related issue, the People's Court of the southern province of Ba Ria-Vung 
Tau yesterday handed down a death sentence to Tran Van Diem, 27, of the 
northern province of Hai Duong for murdering 4 people and for robbery offences. 
Diem had been in custody for nearly 1 year. He also received 6 years on the 
robbery charges.

He killed the four people in separate incidents by stabbing them with a knife. 
The stabbings occurred on 4 occasions: August 10 and 24, September 14 and 
December 14, 2014. At the trial yesterday morning, the procuracy proposed the 
death penalty for Diem, saying the acts were a "barbaric crime, affecting 
security and order of society".

(source: Viet Nam News)


JAPAN----executions

Japan hangs 1st man convicted by jury as Tokyo claims death penalty is 
'popular'----Government claims death penalty remains popular with Japanese 
public, although researchers dispute 83 % support rate


Japan executed 2 criminals on Friday, including the 1st man convicted of murder 
by members of the public since juries were introduced in 2009.

Sumitoshi Tsuda, 63, was sentenced to death for killing his landlord, his 
brother and his wife in May 2009 in Kawasaki, south of Tokyo.

The 6-strong jury, guided by 3 judges, dismissed the claim by Tsuda's legal 
team that the killings had not been premeditated in the trial at the Yokohama 
District Court in July 2011.

During the trial, Tsuda had apologised to the families of the victims and said 
he would "pay for the crime with my own life". He later withdrew an appeal 
filed by his defence to the Tokyo High Court, clearing the way for the sentence 
to be carried out.

Tsuda was hung shortly after dawn, along with 39-year-old Kazuyuko Wakabayashi, 
who was convicted of killing a woman and her daughter after breaking into their 
home in Iwate Prefecture, north of Tokyo, in July 2006.

Wakabayashi abandoned the bodies of the 2 women on a nearby mountainside and 
stole around 110 pounds in cash.

Japan's introduction of the jury system has been controversial, with studies 
indicating that penalties have become more severe. Nearly 40 % of lawyers 
responding to a survey 18 months after juries were introduced said punishments 
had become harsher. In a number of cases, higher courts have significantly 
reduced sentences passed by juries.

In Tsuda's trial, 1 of the 6 jurors said that ordinary members of the public 
should not be required to deliberate in cases in which prosecutors could seek 
the death penalty, Kyodo News reported.

According to the government, more than 80 % of Japanese citizens support the 
death penalty. Researchers dispute that, however, and accuse the government of 
asking biased questions.

"The government's report claims that 83 % of Japanese people are in favour of 
retaining the death penalty, but the wording of the questions in its survey is 
poor," said Mai Sato, a lecturer in criminal law at the University of Reading 
and joint author of a study on the death penalty this year.

"Instead of asking 'Do you support the death penalty?', the poll asks 'Do you 
believe the death penalty is unavoidable'", she said. "This shows that 83 % of 
Japanese have the default position that the death penalty is 'unavoidable' 
rather than enthusiastically embracing it.

"Beyond that, Japanese people have grown up in a death penalty state and their 
society is relatively safe, so they believe the legal system is working," she 
said. "Also, justice ministers and the ministry promote the government's 
position, while the media tend to play up the most serious crimes here, which 
increases support for the death penalty."

Mitsuhide Iwaki, the minister of justice, signed the execution orders and told 
reporters in Tokyo: "I carried out my duties, given the significant decision of 
the jurors."

Tsuda and Wakabayashi "took irreplaceable lives for selfish purposes", he said, 
adding that the pain inflicted on the victims' relatives will never be healed.

(source: The Telegraph)






SINGAPORE:

A long way to go towards implementing accepted UPR recommendations on the death 
penalty ---- By We Believe in Second Chances


Singapore might be a small city-state, but its pro-death penalty stance is 
well-known. Just last year, Law and then-Foreign Affairs Minister K Shanmugam 
gave a speech in defence of capital punishment to the United Nations General 
Assembly in New York.

All this makes campaigning against the death penalty an uphill battle, one that 
We Believe in Second Chances has been involved in for the past 5 years. This 
campaign is important to us because - despite what the Singapore government has 
claimed - research done by well-established and respected criminologists have 
indicated that the death penalty does not work as an effective deterrent, and 
is therefore not particularly useful when trying to prevent crime or support 
the victims of drug abuse or murder.

In January 2016, Singapore will be up for its second Universal Periodic Review 
(UPR), and both Second Chances and the Singapore Anti-Death Penalty Campaign 
are part of the Alliance of Like-Minded Civil Society Organisations in 
Singapore (ALMOS) that submitted a joint report to the United Nations. In 
addition, Second Chances submitted our own individual report, where we 
highlighted issues related to Singapore's death penalty regime and also 
addressed problems that have arisen from the changes to the mandatory death 
penalty that came into force in 2013.

When Singapore had its 1st Universal Periodic Review in 2011, the government 
rejected all recommendations - made by UN member states like France and the 
United Kingdom - to impose a moratorium on executions with a view to doing away 
with the death penalty.

It did, however, agree to 2 recommendations related to the death penalty, 
considering them either already implemented or in the process of being 
implemented:

95.14. Modify its legislation in such a way as to shift the burden of proof of 
the guilt of a person facing the death penalty to the prosecution instead of 
requesting the person to prove its own innocence (France);

95.15. Make available statistics and other factual information on the use of 
the death penalty (Finland);

In our experience working on the death penalty over the years since Singapore's 
last UPR, Second Chances has observed that far more can be done about these 2 
accepted recommendations. In fact, it is our view that there is long way to go 
before these 2 recommendations can be truly considered as implemented.

The Misuse of Drugs Act in our Penal Code continues to carry presumption 
clauses such as this one:

Misuse of Drugs ActSimilarly, a person who is in possession of the keys of a 
premises in which controlled drugs are found is also presumed to have been in 
possession of the controlled drug, and presumed to have known the nature of the 
drug. The law also states that these presumptions "shall not be rebutted by 
proof that the accused never had physical possession of the controlled drug."

Such presumption clauses lead to a 'guilty until proven innocent' situation, 
where the burden of proof is placed upon the accused rather than the 
prosecution. Although Singapore accepted France's recommendation to rectify 
this situation, the presumption clauses remain in our legislation today.

Second Chances has also faced issues with accessing statistics and factual 
information related to the death penalty. The Singapore Prison Service does 
provide the number of executions each year in their annual report, but other 
important information, such as the number of individuals on death row and their 
background (i.e. gender, nationality and socio/economic background) are not 
publicly disclosed.

Such information is important and would allow advocates and researchers alike 
to draw better conclusions on the use of the death penalty and the people it 
affects. Having such information permits us to have better informed and 
constructive discussions on an important subject that affects the lives of 
many. Our requests for more data have either been denied or ignored.

Although the Singapore government earlier released press statements on the 
executions of Tang Hai Liang and Foong Chee Peng in 2014, as well as the 
execution of Muhammad bin Kadar in April 2015, another 2 were executed in the 
latter half of the year without any announcement. We later found out about 
these executions through death row inmate Kho Jabing, himself at risk of 
imminent execution.

On 27 January 2016, Singapore will go before other UN member states for its 
Universal Periodic Review. 2 of our directors are currently in Geneva, where 
they will address the UN and raise the issues covered in the civil society 
shadow report.

But while it is useful for the international community to go over the human 
rights situation of its member states, the UPR also provides us a good 
opportunity to reflect on the progress that we've made as a country.

(source: citizenonline.com)