[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Jan. 16



INDONESIA:

Woman could face death penalty for ordering murder of husband



Julaikah Noor Aini could face the death penalty after allegedly ordering the 
killing of her British husband, Robert Kevin Ellis, in October last year. 3 men 
and 2 maids also allegedly involved in the murder face the same charges.

The prosecutors said that all 6 suspects in the case, including Noor Aini or 
Noor Ellis, will be charged under Article 340 of the Criminal Code on 
premeditated murder, which carries a maximum punishment of death. They will 
also be charged with violating Article 338 on murder.

"All 6 suspects could face the maximum of death," prosecutor Made Dipa Umbara 
said after receiving the dossier for the case at the Bali Prosecutor's Office 
on Thursday morning.

The dossier is the final document resulting from the investigation and was 
submitted to the prosecutor's office for the issuance of an indictment letter 
to take the case to court. After the dossier was handed over, the suspects were 
taken to Kerobokan prison. They will face trial within the next few weeks.

The suspected hit men are Urbanus Yoh Ghoghi, alias Ur; Yohanes Sairokodu, 
alias Yonis; and Andreanus Ngongo, alias Aril. The 2 maids have been identified 
as Marlina Bela Zaghu, alias Feli, and Yuliana Bili, alias Yane.

Robert Ellis' body was found by a farmer in a ditch near a rice field in Sedang 
village, Abiansemal sub-district, on Oct. 21, 2 days after he was allegedly 
murdered. Noor allegedly paid the suspected hit men Rp 150 million (US$11,934) 
for the job. The police are still looking for their alleged accomplices, Marten 
and Rangga.

The 60-year-old victim held British and Australian nationality and lived in 
Australia before moving to Indonesia to develop his business. He married Noor 
Ellis around 25 years ago and the couple had 2 sons, who currently live in 
Perth, Australia.

After her arrest, Noor denied hiring the 5 men to kill her husband, saying that 
she only asked them to "solve the problem". However, during the reenactment, 
Noor confessed that she ordered the murder but asked that it not be 
violent.Prosecutor Made Dipa Umbara said in the dossier that Noor had confessed 
that she ordered the execution because she was angry with her husband for 
having affairs and not giving her money.

The dossier states that on the day of the murder, Noor lured the victim into 
the kitchen, where the hit men were waiting. The men then covered Ellis' mouth 
and nose until he lost consciousness. They then slit his throat. During the 
murder, the 2 maids reportedly distracted the family dog while Noor waited in 
her bedroom.

Noor then reportedly drove the men to a rice field 25 kilometers from Sanur, 
where they allegedly dumped the body.

Returning to the family home, Noor and the 2 maids allegedly cleaned up the 
blood in the kitchen with towels. On Oct. 21, Noor and the 2 maids are believed 
to have disposed of the knife, a pillow and a blanket in the trash.

Noor's lawyer, Ketut Suwiga Arya Dauh, said his client was repentant over her 
actions. "She said she is very sorry but she was deeply depressed at the time. 
She would like to explain all the reasons of why she did what she did. It will 
be explained later. We would like to have a press conference to explain that," 
he told journalists.

(source: Jakarta Post)








SOUTH KOREA:

Death penalty sought for soldier for deadly shooting spree



Military prosecutors on Friday demanded the death penalty for an Army deserter 
accused of killing and wounding about a dozen unarmed comrades in a shooting 
rampage in a guard post close to the border with North Korea.

In June last year, the 23-year-old Army sergeant, surnamed Lim, fired at his 
comrades at a border outpost on the east coast, killing 5 and wounding 7 
others. Bullying was found to be the motive for the rampage.

He then ran away from his 22nd Infantry Unit with his rifle and a stash of 
ammunition. 2 days later, he was captured while being under siege by thousands 
of troops right after a botched suicide attempt.

2 months later, Lim was indicted on charges of murder and desertion.

During his final court-martial hearing held at the First Army Headquarters in 
Wonju, some 132 kilometers southeast of Seoul, military prosecutors demanded 
the capital punishment, arguing that he committed a "cruel and premeditated 
attack" on unarmed comrades."

"Such a severe punishment is inevitable as he has been trying to justify his 
wrongdoings while putting the blame on his colleagues who had allegedly 
ostracized him for his behavior," the prosecution said in its argument.

But Lim's lawyer appealed for leniency, contending that the exact cause of the 
incident has yet to be determined.

"It's questionable if the death sentence can resolve the problem," the lawyer 
said in his final argument.

Earlier in the day, the military court adopted as an evidence the result of a 
psychiatric test conducted on Lim for a month from November. According to 
military sources, the test showed that the soldier was "generally normal."

South Korea's military law stipulates that a soldier faces the capital 
punishment for killing a superior officer. One of the fallen soldiers was a 
staff sergeant in Lim's unit.

(source: Korea Herald)








KYRGYZSTAN:

Restore death penalty: pros and cons



Civic activists of Kyrgyzstan suggest returning the death penalty. They started 
this initiative after the shocking case of a 2-year boy who was physically 
abused by a close relative. The petition, signed by citizens who actively 
throughout the country, speaks of the need to amend the laws of the Kyrgyz 
Republic and the return of capital punishment or to introduce chemical 
castration of convicted pedophiles.

24.kg news agency asked respondents whether they support the initiative of 
civic activists and why.

Dastan Bekeshev, deputy of the parliament:

I will answer as a lawyer: the Constitution abolished the death penalty; it 
can't be changed till 2020. Only then we can think about it on the basis of 
what kind of courts and investigation we will have. Life imprisonment without 
parole - would be fairer. Such criminals will get off with a scratch by the 
death penalty. In fact, life imprisonment - more than severe punishment to man 
realized that he had committed the gravest act of his life, felt the 
uncomfortable in captivity, especially under the present conditions in closed 
institutions.

Elena Voronina, teacher: It is impossible to look at the photo of beaten, 
tortured, raped 2-year old baby without tears and heartache. The number of 
child abuse cases in our country is growing. And no arguments will justify a 
criminal. And it is foolish to stand in the position of a moratorium against 
the death penalty, when there are all the facts of the monstrous abuse of a 
child. Criminals in the same prison community hate pedophiles. So why do we 
have to think about humanity and human rights, when it comes to non-humans? I 
support the death penalty for them.

Aleksey Petrushevsky, director of the Center for rehabilitation of homeless 
children:

I support it, especially for severe cases. Well, okay if a man stole something. 
But when he breaks someone's life? Roughly speaking, a child was killed. Yes, 
the baby can be treated, adapted, but the trauma will remain. The soul is 
broken. The child will be on drugs all his life, and the state should pay 
benefits. It is good if there is someone to look after the child. But once he 
will grow up and left alone.

Another question - justice. The guilt of a person should be completely proved.

Mirlan Medetov, lawyer of the Association of Children's non-profit 
organizations:

In general, I think that the responsibility for the crimes committed against 
minors may be revised in the direction of tightening. But as for the death 
penalty it is necessary to carry out extensive discussions. In addition to the 
desires of the citizens, there are also some legal issues that also need to be 
taken into account. Especially as members of the international community we 
have signed that we won't impose the death penalty. And now it is difficult to 
say: everyone understands that, in accordance with the Constitution of the 
Kyrgyz Republic it is prohibited.

Gulshaiyr Abdirasulova, consultant for Human Rights:

It is necessary to take into account other aspects - how, for example, 
independent are our investigation, the judiciary. What will be the term for a 
really guilty person. Today, even top echelons of power say that Kyrgyzstan has 
cases of tortures and facts when innocent people give confessions under 
torture. How to be in this case? If we had a law-based state with an 
independent judiciary, independent investigative and supervisory bodies, which 
we have today, there wouldn't be such cases.

Yes, the number of crimes - in particular with regard to sexual inviolability 
of minors - is growing from year to year. But not because of the fact that the 
courts are fair and independent, but because of impunity. May one should try to 
complete the initiated reforms? In order courts to be punished for every bribe, 
to the investigating authorities, who torture, also were responsible. Today 
there is no case on tortures. No one is responsible. If all of this will work, 
the crime, including juvenile, definitely will decrease. Because a person will 
know: he won't be able to pay off or to shuffle off his blame, and in any case 
will be punished. We swing from one extreme to another all the time. And if an 
innocent will be condemned to death? What's to be done? Let's think about that, 
too, without making premature conclusions.

Alexander Zelichenko, retired police colonel, conflict expert:

It is a bit wrong to raise a separate question about return of the death 
penalty for pedophiles. After all, serial killers and maniacs are no better. It 
is necessary to raise the issue of return of the institute of death position as 
a whole.

I am speaking from the position of resident and do not want criminals to die, 
because I am not a violent person. For me it is very important not to see and 
hear anything about a person, who committed a serious crime. I want him to get 
out of my sight. If the state is able to provide it, then I do not need the 
death penalty. But in our case it turns out that this state can not ensure it. 
Escape, reduction of term and even "writing off" due to illness - those who 
were sentenced to 20 years, are released after 3 years.

However, given the current state of the judicial system and its corruptness, in 
fact innocent can be executed as well...

We have the highest number of those sentenced to life imprisonment in the CIS. 
If we take a ratio per 100,000 of the population, then the Kyrgyz Republic has 
at times more than Russia and Tajikistan. It turns out that judges invoke life 
sentences in a row, since there is no death penalty. They are afraid of even 20 
years in prison, because there is no guarantee that after a short time he will 
be released. And parole and amnesty aren't applied to "lifers". The emphasis 
should be made on how the state can provide social protection of its citizens, 
without introducing the death penalty.

Gladys Temirchieva, the representative of the Center for Child Protection:

Difficult question. Of course, we could express and support our own desires on 
emotions: we are parents as well, and we fear for our children. But we also 
need to understand that this is not right, it is not the way out. And we live 
in a legal state. Of course, it is necessary to toughen punishment. However, 
the fact is that even now the current legislation does not work. A man, who 
raped a minor, receives a life sentence. But even now it is not carried out.

All hush-hush, as a rule, relatives cover them, do not want to stand on the 
court and the public discussion. Many cases even don't reach the court, and if 
they reach, the perpetrators remain unpunished. There was a case of a 
9-year-old boy, when his madrasa teacher raped him. But because of corruption 
of judges pedophile is unpunished. He was found insane, and the child became 
disabled.

Whether the death penalty must be introduced or not? This is a question that 
requires discussion and consultation with the public, civil society, 
government, perhaps the international community.

Mirlan Zheenchoroev, the deputy of Bishkek City Council:

Personally, I support. There must be an adequate punishment for their actions. 
The offender must know that if he deprived someone of life, and he will be 
deprived of it as well. The man who killed young children, young girls, have no 
place in our society. Punitive measure should be determined by referendum. But 
if the death penalty is introduced, then at least 2 years for suspension of 
execution in order not to hurt the innocent.

At the same time we should not discuss each case on impulse, it is necessary to 
carry out preventive measures to strengthen financial, moral and human aspects 
of those services that deal with children issues (under the Ministry of Social 
Development, Juvenile Inspection).

Umutay Dauletova, civic activist:

Chemical castration - is not physical cutting off penis (as many think), but 
introduction of hormones that are reversible. They act only for a while - 3 or 
4 months and are very expensive. By the way, you can go to pharmacy, take 
testosterone, and everything returns to normal. Our state can not provide means 
for raped children, and you want it to entrust the Ministry of Health with the 
obligation to buy medicines for pedophiles. By the way, psychologists, social 
workers should control them, as it is also more cost.

The most effective work is prevention. The highest measure? I do not believe in 
justice, that's all.

(source: eng.24.kg)