[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

July 7



INDIA:

1993 blasts accused Yakub Memon could be hanged this month, moves curative 
petition


As per legal process, a curative petition can only be filed when the petitioner 
establishes that there was a genuine violation of principles of natural justice 
in his case, and when the petitioner fears the judge delivering the sentence 
was biased.

As a last resort to save his life, the 1993 Mumbai blasts convict Yakub Memon 
has moved a curative petition before the Supreme Court, seeking a review into 
the death penalty awarded to him by a TADA court in 2006.

Memon's mercy plea before the President and the review petition before the 
Supreme Court have already been rejected. Highly placed sources have confirmed 
that the TADA court, which had sentenced Memon to the gallows, has issued a 
date for his execution that could be some time later this month.

But Memon, a Chartered Accountant by profession, who has maintained his 
innocence throughout the case, has taken this last chance to save himself. The 
grounds on which the petition has been filed have not yet been declared, 
because the petition is still in process.

As per legal process, a curative petition can only be filed when the petitioner 
establishes that there was a genuine violation of principles of natural justice 
in his case, and when the petitioner fears the judge delivering the sentence 
was biased.

Not just that, a curative petition must also be accompanied with certification 
issued by a senior lawyer. The petition is then sent to the three senior-most 
judges, as well as judges of the bench who passed the judgement affecting the 
petition, if available. If the majority of the judges agree that the matter 
needs hearing, then it would be sent to the same bench (as far as possible) for 
a hearing. But if the court does not find merit in the case, it may impose 
"exemplary costs" on Memon.

On April 16, the Supreme Court rejected Yakub's review petition against his 
conviction and sentence. The same court had earlier rejected his appeal against 
his conviction by a special court in Mumbai in 2006, and the president had 
rejected his mercy petition in May 2014. On the charges for which Yakub has 
been convicted, none of his co-accused has been given the death penalty.

Who is Yakub Memon?

Yakub Abdul Razak Memon is a Chartered Accountant by profession, and is 
convicted in the 1993 Bombay blasts case. He is a brother of Tiger Memon, one 
of the prime accused in the attacks which killed 257 people.

What is the case against him?

He was found guilty of conspiracy, facilitating and disbursing funds for 
terrorist acts, and arranging tickets for other convicts who received arms and 
ammunition training in Pakistan.

Why are his lawyers seeking repeated reviews?

Under the 3 charges for which he has been convicted, none of his co-accused has 
been given the death penalty; all of them have been given jail terms of 5 to 14 
years or less for the same offence.

What is a curative petition?

The concept of curative petition was evolved by the Supreme Court to ensure 
that an aggrieved person is entitled to any relief against the final judgement 
or order of the Supreme Court, after dismissal of a review petition.

(source: DNA India)






BAHAMAS:

Life Of Crime: Making The Punishment Fit The Crime


Dr Mike Neville is a forensic psychiatrist who has spent 40 years - the 
majority in the Bahamas - working in the hospitals, courts and prisons at close 
quarters with offenders. The father of a recently murdered son, he is bringing 
his experience and expertise to bear in a series in The Tribune designed to 
inform an evidence-based national debate on how to solve the rising levels of 
serious crime here.

Week by week Dr Neville examines the causes, effects and potential remedies of 
crime, from the cradle to the grave, looking at the reasons behind the 
increasing catalogue of murders, shootings, armed robberies and sexual 
assaults.

And we want you to be involved. Every Tuesday, you can comment on his articles 
in The Tribune and call in to an hour's live phone-in on KISS FM96.1 from 3pm 
on 677-0961. Dr Neville will welcome views - unconventional, challenging and 
supportive - from everyone. Join the discussions via comments on 
tribune242.com, email to lifeofcrime at tribunemedia.net or listen and ring into 
the radio today.

The concept of punishment is part of our very selves. It presents a perverse 
persuasiveness, fooling us that it is the solution to all of society's ills.

It seems so simple: the imposition of an unpleasant penalty for unacceptable 
behaviour will work ... surely?

Most of us think, "well, I would not want that to happen to me so there is no 
way I am going to do that."

Does that thinking apply to us all? The problem is that society and families 
must have sanctions for unacceptable behaviour and there is no shortage of 
creative punishments that have been used throughout history. The question that 
we must ask, now that we have effective methods of societal research, is what 
works and what does not.

It is first helpful to break down the components of punishment to better 
understand the justification for various punishments and whether the desired 
outcomes can be achieved.

Retribution is the only part of those components that forms part of the actual 
definition and seems to appeal to most of us. It is a part of most systems of 
justice, the concept that the punishment should fit the crime and have some 
degree of proportionality. It differs from revenge in that retribution is not 
meant to be personal and there should be no pleasure in the suffering of 
others.

Clearly there is plenty of overlap, as many people in the Bahamas seem to 
experience great delight in the downfall of others. The concept of deterrence 
has to be divided into the ability of the punishment to deter the offender and 
also whether it can deter others. The idea is that the punishment will make 
people stop and think: 'I do not want that to happen to me'.

Many of us can relate to that concept, but it makes the assumption that the 
offender has some semblance of normality; if you have been following this 
series you will now know that many offenders are far from normal.

Rehabilitation is the buzz word in modern criminology; is there a method in 
which the offenders can learn to see things differently and not commit the same 
offence? There is a large amount of literature on this as many countries have 
realised that most prisoners will eventually return to society and it makes 
sense that there should have been an attempt to have taught them something 
useful rather than releasing them even more bitter and angry than when they 
entered the correctional process.

The favoured norm in many countries is the concept of incapacitation and the 
protection of society. This most commonly means the use of incarceration in 
prisons and the debate continues as to whether the prison should be slanted 
towards rehabilitative programmes or if it should be a hell hole justified by 
the concept of retribution.

In some societies thieves have their hands cut off to both deter and make it 
more difficult to steal. The death penalty certainly incapacitates and prevents 
any further offence by that individual.

The concepts of restoration and education have shown promise for minor offences 
but require a well-monitored follow-up process, which would seem to be a step 
too far for the Bahamas at present.

The whole concept of punishment, however, is perhaps a pointless conundrum. Why 
do we debate the benefits of more medieval ways of creating pain, death and 
fear when the offenders laugh and joke that their chances of actually being 
caught and convicted are very small? There is no reason to fear a punishment if 
it is not going to happen.

In the Bahamas, punishments are meant to be decided by the courts and can 
include fines, which penalise those with little money far more than those with 
adequate means. The police presence on Bay Street looking for road traffic 
offenders certainly brings in revenue from those who can least afford it; I am 
not for one moment suggesting that it be ignored, but most would licence their 
car because of the certainty of being caught - as long as they have the money.

We are all aware of the number of men sent to prison; we have a very high per 
capita incarceration rate already. Many of these persons are on remand awaiting 
trial, they are presumed innocent until proven guilty and under the 
Constitution have the right to a trial within a reasonable time. This 
frequently does not happen, so they are released on bail.

The prison itself has made some efforts to incorporate rehabilitative work but 
with the rampant overcrowding and many prisoners languishing on remand and not 
allowed to work until convicted, it is an uphill battle.

The cells are unhygienic, overcrowded and with the stench of faeces and fear, 
it is a breeding ground for future crime not reformation. All this without even 
discussing the issues of prison masculinities, with all the complexities of 
hierarchal structures and violent sexual crimes. The question of rape has been 
discussed extensively in the Bahamas but largely ignored in the prison setting; 
I think many people believe they get what they deserve.

The problem is whether you believe it or not; try to imagine how it affects an 
already damaged mind when they are let out to terrorise us in even nastier 
ways.

The great debate, of course, surrounds the death penalty. I would prefer to be 
fishing for "Red Herrings" off Rose Island than discussing the merits of a 
punishment that has not been carried out for over a decade. It is also 
increasingly unlikely to happen as various rulings from around the Caribbean 
have increased the need for a highly competent prosecutorial process whereas 
the process has slowed to a level where it becomes necessary to admit that the 
level of competence and the cost of the legal proceedings makes it a 
meaningless debate.

The 2 major rulings that have changed the landscape are the so-called "Pratt 
and Morgan" decision, which stated that more than five years on death row 
should be considered inhuman and degrading punishment banned by most Caribbean 
constitutions. This is a huge problem for the Bahamas, where the court and 
appeals process are clogged and tedious, so to complete the whole process in 5 
years could well be insurmountable.

The next major ruling is the so-called "Worst of the Worst" ruling in the 
Trimmingham case, where the Eastern Caribbean Court of Appeal emphasised "the 
unqualified right to life means that there should be no mandatory death 
penalty. The death penalty can only be imposed if the judge is satisfied beyond 
reasonable doubt that the offence calls for no other sentence."

This means death sentence hearings ... more delays.

The death penalty fails some of the concepts of punishment. It is neither 
rehabilitative nor restorative. It certainly deters the offender as death does 
prevent further offending; however international research has failed to show 
any deterrent effect on others.

The main reason to - at least - suspend the death penalty is the enormous cost 
in court time, the cost of sending teams to London and hiring learned and 
expensive Queen's Counsel to do battle with the team from the "Death Penalty 
Project" who oppose this punishment all over the Commonwealth. This would 
drastically cut court time, speed up the whole court system and free up much 
needed finances for more courts and judges.

Revenge is certainly appealing to victims' families but at present there is 
only a slender hope of arrest and conviction.

The Bahamian public seems to have already given up on the "System". Recent 
figures show vigilante justice is now flourishing, yet rather strangely this 
seems to have no deterrent effect as the murder rate continues to rise and 
rise.

Next Week-- what the Bahamas should do now - the recommendations and 
conclusions.

(source: tribune242.com)






UNITED KINGDOM:

Malvern trainee barrister to help prisoners on death row


A trainee human rights barrister is set to travel to travel 4,000 miles across 
the world to help prisoners on death row.

Chloe Ashley, 25, of Great Malvern, will take the trip of a lifetime to 
Houston, Texas, to complete an internship with Amicus - an organisation that 
provides representation to those who face the death penalty.

She will provide legal assistance for prisoners who could otherwise not afford 
it during her time with the charity, which was founded in 1992 in memory of 
Andrew Lee Jones who was executed by the state of Louisiana.

Miss Ashley, a former student of The Chase School, said: "The reason I wanted 
to complete the internship is because I believe that the death penalty is 
disproportionately imposed on the most vulnerable in society, violating their 
right to due process and the concept of equal justice before the law.

"Amicus has been so successful because it is not a campaigning organisation.

"Rather, it believes it can make the greatest difference through active 
involvement in frontline work, in particular, by sending legally qualified 
interns like me to support attorney's work in the USA."

Unlike the UK, in America there is no minimum level of experience required to 
defend a capital trial - which can lead to inexperienced lawyers, according to 
Miss Ashley.

. She added that recent cases have illustrated a significant number of US 
citizens have almost been executed because of poor representation from the 
state, highlighting that the quality of legal support in a capital trial is 
literally a matter of life and death.

But the Malvern woman is fully aware that capital punishment splits public 
opinion.

"Having previously worked for several organisations including Reprieve I am all 
too aware that there are a great mix of views on capital punishment; but, 
criminal cases are by their nature serious and complex legal proceedings, and 
as a field of law it constantly changes", said Miss Ashley.

"Further, given the men and women's liberty at stake in death penalty trials 
and the current issues with the lethal injection it is vitally important that 
prisoners on death row are properly represented.

"As such it is only right that the process remains fair for both sides in order 
to reach a credible conclusion. That is why interns like me are so crucial to 
the process".

Miss Ashley's work will involve everything from supporting the policy teams 
involved in a state-wide investigations, investigating and conducting discovery 
research of pre-trial material in murder cases, drafting cross-examinations and 
preparing amicus curiae briefs for the Supreme Court, as well as day-to-day 
contact with prisoners.

"Simply put, completing an Amicus internship is an unequivocal choice for me; 
it offers the opportunity to do something genuinely of use to society, helping 
those who need it most", she added.

The cost of Miss Ashley's internship is expected to be 5,400 pounds. She has 
already raised 3,650 pounds and is now looking for some much-needed local 
support.

She said: "Any financial sponsorship anyone is able to provide will be 
invaluable and I sincerely mean that. If all you can give is a couple of pounds 
it will matter just as much as any larger donation".

To donate visit gofundme.com/sendmetodeathrow or for more details email Miss 
Ashley on c.e.ashley at icloud.com

(source: Malvern Gazette)






SOUTH KOREA:

Bill before parliament to abolish the death penalty ---- South Korea is already 
among countries with no death penalty in practice, with last execution in 1997


On July 6, a former death row inmate brought a bill before parliament that 
would abolish the death penalty and replace it with life in prison. The bill 
was submitted to the National Assembly by Yu In-tae, a lawmaker with the New 
Politics Alliance for Democracy (NPAD) who was sentenced to death during the 
National Democratic Youth Students' Alliance incident under the Yushin 
constitution. Yu had previously submitted the bill to the 17th National 
Assembly.

"More than 17 years have passed since the last person was executed in South 
Korea on Dec. 30, 1997, and it is already classified as a country that has 
abolished the death penalty in practice. Doing away with the death penalty is 
also a global trend," Yu said during a press conference on Monday to explain 
why he had submitted the bill.

Yu argued forcefully for the need to get rid of capital punishment. "As of Dec. 
31, 2014, 140 of the 198 countries around the world have abolished the death 
penalty in law or practice, while only 58 countries have retained it. South 
Korea is the home of the UN secretary general, and it needs to uphold its 
duties as a member of the international community."

The bill submitted by Yu would replace death penalty described in the criminal 
code, the military criminal code, the Criminal Procedure Act, and the National 
Security Law with a sentence of life imprisonment that could not be pardoned or 
commuted. The bill received bipartisan support, co-sponsored by 42 lawmakers 
from the ruling Saenuri Party (NFP), 124 from the NPAD, and 5 from the Justice 
Party - 171 altogether - who agree with its intent.

38 years after being sentenced to death during the rule of former president 
Park Chung-hee (1961-79), Yu was exonerated in a retrial in Feb. 2012. Yu's 
personal experience has driven him to keep working to abolish the death 
penalty, and this is the 2nd time he has brought the bill to the National 
Assembly, following his previous attempt during the 17th Assembly.

This is the 7th time that the bill to abolish the death penalty has been 
submitted to the National Assembly. Each of the previous s6 times - beginning 
with the 15th Assembly - the bill has run into controversy and been summarily 
discarded.

(source: The Hankyoreh)


INDIA:

1993 blasts accused Yakub Memon could be hanged this month, moves curative 
petition


As per legal process, a curative petition can only be filed when the petitioner 
establishes that there was a genuine violation of principles of natural justice 
in his case, and when the petitioner fears the judge delivering the sentence 
was biased.

As a last resort to save his life, the 1993 Mumbai blasts convict Yakub Memon 
has moved a curative petition before the Supreme Court, seeking a review into 
the death penalty awarded to him by a TADA court in 2006.

Memon's mercy plea before the President and the review petition before the 
Supreme Court have already been rejected. Highly placed sources have confirmed 
that the TADA court, which had sentenced Memon to the gallows, has issued a 
date for his execution that could be some time later this month.

But Memon, a Chartered Accountant by profession, who has maintained his 
innocence throughout the case, has taken this last chance to save himself. The 
grounds on which the petition has been filed have not yet been declared, 
because the petition is still in process.

As per legal process, a curative petition can only be filed when the petitioner 
establishes that there was a genuine violation of principles of natural justice 
in his case, and when the petitioner fears the judge delivering the sentence 
was biased.

Not just that, a curative petition must also be accompanied with certification 
issued by a senior lawyer. The petition is then sent to the three senior-most 
judges, as well as judges of the bench who passed the judgement affecting the 
petition, if available. If the majority of the judges agree that the matter 
needs hearing, then it would be sent to the same bench (as far as possible) for 
a hearing. But if the court does not find merit in the case, it may impose 
"exemplary costs" on Memon.

On April 16, the Supreme Court rejected Yakub's review petition against his 
conviction and sentence. The same court had earlier rejected his appeal against 
his conviction by a special court in Mumbai in 2006, and the president had 
rejected his mercy petition in May 2014. On the charges for which Yakub has 
been convicted, none of his co-accused has been given the death penalty.

Who is Yakub Memon?

Yakub Abdul Razak Memon is a Chartered Accountant by profession, and is 
convicted in the 1993 Bombay blasts case. He is a brother of Tiger Memon, one 
of the prime accused in the attacks which killed 257 people.

What is the case against him?

He was found guilty of conspiracy, facilitating and disbursing funds for 
terrorist acts, and arranging tickets for other convicts who received arms and 
ammunition training in Pakistan.

Why are his lawyers seeking repeated reviews?

Under the 3 charges for which he has been convicted, none of his co-accused has 
been given the death penalty; all of them have been given jail terms of 5 to 14 
years or less for the same offence.

What is a curative petition?

The concept of curative petition was evolved by the Supreme Court to ensure 
that an aggrieved person is entitled to any relief against the final judgement 
or order of the Supreme Court, after dismissal of a review petition.

(source: DNA India)






BAHAMAS:

Life Of Crime: Making The Punishment Fit The Crime


Dr Mike Neville is a forensic psychiatrist who has spent 40 years - the 
majority in the Bahamas - working in the hospitals, courts and prisons at close 
quarters with offenders. The father of a recently murdered son, he is bringing 
his experience and expertise to bear in a series in The Tribune designed to 
inform an evidence-based national debate on how to solve the rising levels of 
serious crime here.

Week by week Dr Neville examines the causes, effects and potential remedies of 
crime, from the cradle to the grave, looking at the reasons behind the 
increasing catalogue of murders, shootings, armed robberies and sexual 
assaults.

And we want you to be involved. Every Tuesday, you can comment on his articles 
in The Tribune and call in to an hour's live phone-in on KISS FM96.1 from 3pm 
on 677-0961. Dr Neville will welcome views - unconventional, challenging and 
supportive - from everyone. Join the discussions via comments on 
tribune242.com, email to lifeofcrime at tribunemedia.net or listen and ring into 
the radio today.

The concept of punishment is part of our very selves. It presents a perverse 
persuasiveness, fooling us that it is the solution to all of society's ills.

It seems so simple: the imposition of an unpleasant penalty for unacceptable 
behaviour will work ... surely?

Most of us think, "well, I would not want that to happen to me so there is no 
way I am going to do that."

Does that thinking apply to us all? The problem is that society and families 
must have sanctions for unacceptable behaviour and there is no shortage of 
creative punishments that have been used throughout history. The question that 
we must ask, now that we have effective methods of societal research, is what 
works and what does not.

It is first helpful to break down the components of punishment to better 
understand the justification for various punishments and whether the desired 
outcomes can be achieved.

Retribution is the only part of those components that forms part of the actual 
definition and seems to appeal to most of us. It is a part of most systems of 
justice, the concept that the punishment should fit the crime and have some 
degree of proportionality. It differs from revenge in that retribution is not 
meant to be personal and there should be no pleasure in the suffering of 
others.

Clearly there is plenty of overlap, as many people in the Bahamas seem to 
experience great delight in the downfall of others. The concept of deterrence 
has to be divided into the ability of the punishment to deter the offender and 
also whether it can deter others. The idea is that the punishment will make 
people stop and think: 'I do not want that to happen to me'.

Many of us can relate to that concept, but it makes the assumption that the 
offender has some semblance of normality; if you have been following this 
series you will now know that many offenders are far from normal.

Rehabilitation is the buzz word in modern criminology; is there a method in 
which the offenders can learn to see things differently and not commit the same 
offence? There is a large amount of literature on this as many countries have 
realised that most prisoners will eventually return to society and it makes 
sense that there should have been an attempt to have taught them something 
useful rather than releasing them even more bitter and angry than when they 
entered the correctional process.

The favoured norm in many countries is the concept of incapacitation and the 
protection of society. This most commonly means the use of incarceration in 
prisons and the debate continues as to whether the prison should be slanted 
towards rehabilitative programmes or if it should be a hell hole justified by 
the concept of retribution.

In some societies thieves have their hands cut off to both deter and make it 
more difficult to steal. The death penalty certainly incapacitates and prevents 
any further offence by that individual.

The concepts of restoration and education have shown promise for minor offences 
but require a well-monitored follow-up process, which would seem to be a step 
too far for the Bahamas at present.

The whole concept of punishment, however, is perhaps a pointless conundrum. Why 
do we debate the benefits of more medieval ways of creating pain, death and 
fear when the offenders laugh and joke that their chances of actually being 
caught and convicted are very small? There is no reason to fear a punishment if 
it is not going to happen.

In the Bahamas, punishments are meant to be decided by the courts and can 
include fines, which penalise those with little money far more than those with 
adequate means. The police presence on Bay Street looking for road traffic 
offenders certainly brings in revenue from those who can least afford it; I am 
not for one moment suggesting that it be ignored, but most would licence their 
car because of the certainty of being caught - as long as they have the money.

We are all aware of the number of men sent to prison; we have a very high per 
capita incarceration rate already. Many of these persons are on remand awaiting 
trial, they are presumed innocent until proven guilty and under the 
Constitution have the right to a trial within a reasonable time. This 
frequently does not happen, so they are released on bail.

The prison itself has made some efforts to incorporate rehabilitative work but 
with the rampant overcrowding and many prisoners languishing on remand and not 
allowed to work until convicted, it is an uphill battle.

The cells are unhygienic, overcrowded and with the stench of faeces and fear, 
it is a breeding ground for future crime not reformation. All this without even 
discussing the issues of prison masculinities, with all the complexities of 
hierarchal structures and violent sexual crimes. The question of rape has been 
discussed extensively in the Bahamas but largely ignored in the prison setting; 
I think many people believe they get what they deserve.

The problem is whether you believe it or not; try to imagine how it affects an 
already damaged mind when they are let out to terrorise us in even nastier 
ways.

The great debate, of course, surrounds the death penalty. I would prefer to be 
fishing for "Red Herrings" off Rose Island than discussing the merits of a 
punishment that has not been carried out for over a decade. It is also 
increasingly unlikely to happen as various rulings from around the Caribbean 
have increased the need for a highly competent prosecutorial process whereas 
the process has slowed to a level where it becomes necessary to admit that the 
level of competence and the cost of the legal proceedings makes it a 
meaningless debate.

The 2 major rulings that have changed the landscape are the so-called "Pratt 
and Morgan" decision, which stated that more than five years on death row 
should be considered inhuman and degrading punishment banned by most Caribbean 
constitutions. This is a huge problem for the Bahamas, where the court and 
appeals process are clogged and tedious, so to complete the whole process in 5 
years could well be insurmountable.

The next major ruling is the so-called "Worst of the Worst" ruling in the 
Trimmingham case, where the Eastern Caribbean Court of Appeal emphasised "the 
unqualified right to life means that there should be no mandatory death 
penalty. The death penalty can only be imposed if the judge is satisfied beyond 
reasonable doubt that the offence calls for no other sentence."

This means death sentence hearings ... more delays.

The death penalty fails some of the concepts of punishment. It is neither 
rehabilitative nor restorative. It certainly deters the offender as death does 
prevent further offending; however international research has failed to show 
any deterrent effect on others.

The main reason to - at least - suspend the death penalty is the enormous cost 
in court time, the cost of sending teams to London and hiring learned and 
expensive Queen's Counsel to do battle with the team from the "Death Penalty 
Project" who oppose this punishment all over the Commonwealth. This would 
drastically cut court time, speed up the whole court system and free up much 
needed finances for more courts and judges.

Revenge is certainly appealing to victims' families but at present there is 
only a slender hope of arrest and conviction.

The Bahamian public seems to have already given up on the "System". Recent 
figures show vigilante justice is now flourishing, yet rather strangely this 
seems to have no deterrent effect as the murder rate continues to rise and 
rise.

Next Week-- what the Bahamas should do now - the recommendations and 
conclusions.

(source: tribune242.com)






UNITED KINGDOM:

Malvern trainee barrister to help prisoners on death row


A trainee human rights barrister is set to travel to travel 4,000 miles across 
the world to help prisoners on death row.

Chloe Ashley, 25, of Great Malvern, will take the trip of a lifetime to 
Houston, Texas, to complete an internship with Amicus - an organisation that 
provides representation to those who face the death penalty.

She will provide legal assistance for prisoners who could otherwise not afford 
it during her time with the charity, which was founded in 1992 in memory of 
Andrew Lee Jones who was executed by the state of Louisiana.

Miss Ashley, a former student of The Chase School, said: "The reason I wanted 
to complete the internship is because I believe that the death penalty is 
disproportionately imposed on the most vulnerable in society, violating their 
right to due process and the concept of equal justice before the law.

"Amicus has been so successful because it is not a campaigning organisation.

"Rather, it believes it can make the greatest difference through active 
involvement in frontline work, in particular, by sending legally qualified 
interns like me to support attorney's work in the USA."

Unlike the UK, in America there is no minimum level of experience required to 
defend a capital trial - which can lead to inexperienced lawyers, according to 
Miss Ashley.

. She added that recent cases have illustrated a significant number of US 
citizens have almost been executed because of poor representation from the 
state, highlighting that the quality of legal support in a capital trial is 
literally a matter of life and death.

But the Malvern woman is fully aware that capital punishment splits public 
opinion.

"Having previously worked for several organisations including Reprieve I am all 
too aware that there are a great mix of views on capital punishment; but, 
criminal cases are by their nature serious and complex legal proceedings, and 
as a field of law it constantly changes", said Miss Ashley.

"Further, given the men and women's liberty at stake in death penalty trials 
and the current issues with the lethal injection it is vitally important that 
prisoners on death row are properly represented.

"As such it is only right that the process remains fair for both sides in order 
to reach a credible conclusion. That is why interns like me are so crucial to 
the process".

Miss Ashley's work will involve everything from supporting the policy teams 
involved in a state-wide investigations, investigating and conducting discovery 
research of pre-trial material in murder cases, drafting cross-examinations and 
preparing amicus curiae briefs for the Supreme Court, as well as day-to-day 
contact with prisoners.

"Simply put, completing an Amicus internship is an unequivocal choice for me; 
it offers the opportunity to do something genuinely of use to society, helping 
those who need it most", she added.

The cost of Miss Ashley's internship is expected to be 5,400 pounds. She has 
already raised 3,650 pounds and is now looking for some much-needed local 
support.

She said: "Any financial sponsorship anyone is able to provide will be 
invaluable and I sincerely mean that. If all you can give is a couple of pounds 
it will matter just as much as any larger donation".

To donate visit gofundme.com/sendmetodeathrow or for more details email Miss 
Ashley on c.e.ashley at icloud.com

(source: Malvern Gazette)






SOUTH KOREA:

Bill before parliament to abolish the death penalty ---- South Korea is already 
among countries with no death penalty in practice, with last execution in 1997


On July 6, a former death row inmate brought a bill before parliament that 
would abolish the death penalty and replace it with life in prison. The bill 
was submitted to the National Assembly by Yu In-tae, a lawmaker with the New 
Politics Alliance for Democracy (NPAD) who was sentenced to death during the 
National Democratic Youth Students' Alliance incident under the Yushin 
constitution. Yu had previously submitted the bill to the 17th National 
Assembly.

"More than 17 years have passed since the last person was executed in South 
Korea on Dec. 30, 1997, and it is already classified as a country that has 
abolished the death penalty in practice. Doing away with the death penalty is 
also a global trend," Yu said during a press conference on Monday to explain 
why he had submitted the bill.

Yu argued forcefully for the need to get rid of capital punishment. "As of Dec. 
31, 2014, 140 of the 198 countries around the world have abolished the death 
penalty in law or practice, while only 58 countries have retained it. South 
Korea is the home of the UN secretary general, and it needs to uphold its 
duties as a member of the international community."

The bill submitted by Yu would replace death penalty described in the criminal 
code, the military criminal code, the Criminal Procedure Act, and the National 
Security Law with a sentence of life imprisonment that could not be pardoned or 
commuted. The bill received bipartisan support, co-sponsored by 42 lawmakers 
from the ruling Saenuri Party (NFP), 124 from the NPAD, and 5 from the Justice 
Party - 171 altogether - who agree with its intent.

38 years after being sentenced to death during the rule of former president 
Park Chung-hee (1961-79), Yu was exonerated in a retrial in Feb. 2012. Yu's 
personal experience has driven him to keep working to abolish the death 
penalty, and this is the 2nd time he has brought the bill to the National 
Assembly, following his previous attempt during the 17th Assembly.

This is the 7th time that the bill to abolish the death penalty has been 
submitted to the National Assembly. Each of the previous s6 times - beginning 
with the 15th Assembly - the bill has run into controversy and been summarily 
discarded.

(source: The Hankyoreh)