[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

March 4


PAKISTAN:

Abolition of death penalty for drug offences urged



The International Narcotics Control Board (INCB) has called for the abolition 
of death penalty for drug-related offences.

Releasing the INCB's annual report for 2014, its president said on Tuesday: 
"While the determination of specific sanctions applicable to drug-related 
offences remain the prerogative of states", the board again "encourages those 
states which retain and continue to impose death penalty for drug-related 
offences to consider abolishing the death penalty for such offences."

It notes that drug control measures do not exist in a vacuum and that, in their 
implementation of drug control conventions, states must also comply with their 
obligations under other treaties, including the international human rights 
obligations.

The report says: Around 5.5 billion people still have limited or no access to 
medicines containing narcotic drugs such as codeine or morphine, leaving 75 % 
of the world population without access to proper pain relief treatment.

Underlining this discrepancy, the report notes that around 92pc of morphine 
used worldwide is consumed by only 17pc of the population, primarily living in 
the United States, Canada, Western Europe, Australia and New Zealand.

Addressing the discrepancy in the availability of narcotic drugs and 
psychotropic substances for medical and scientific purposes is one of the 
obligations for governments while complying with the international drug control 
conventions.

To achieve a balanced and integrated approach to the drug problem, governments 
also should ensure that demand reduction is one of the first priorities of 
their drug control policies, while they should put greater emphasis on and 
provide support and appropriate resources to prevention, treatment and 
rehabilitation, the report says.

It points out that natural disasters and armed conflicts around the world can 
further limit access to essential medicines, and therefore reminds states that 
in cases of emergency medical care, simplified control measures can be applied.

States should also be aware, the report says, that under international 
humanitarian law, parties to armed conflicts have to allow access to medical 
care, including access to essential medicine, for the civilian population in 
territories under their control.

The report notes that there has been an increase of 11pc in the number of new 
psychoactive substances (NPS) with 388 unique substances identified as of 2014, 
compared to 348 the previous year. The extent of use of NPS worldwide 
illustrates the dynamic nature of the drug problem.

The INCB report also notes an increase of around 66pc in the global consumption 
of methylphenidate, a stimulant primarily used in the treatment of Attention 
Deficit Hyperactivity Disorder (ADHD). This may be attributable to various 
factors, including: the increasing number of ADHD patients; a widening of the 
age group of the population likely to receive the treatment and lack of 
adequate prescription guidelines added to strong and influential marketing 
practices.

The South Asia region, owing to its location between the 'Golden Crescent' 
(Afghanistan and Pakistan) and the 'Golden Triangle' (Lao, Myanmar and 
Thailand) continued to be particularly vulnerable to the trafficking of opiates 
and heroin. In addition, widespread trafficking of cannabis, synthetic drugs 
and new psychotropic substances persisted in 2013.

The report says maritime routes that depart from ports in Iran and Pakistan are 
increasingly being utilised to smuggle Afghan heroin, as the use of physical 
barriers and monitoring posts along the eastern land border of Iran has made 
overland trafficking increasingly difficult.

Seizures of heroin at seaports by the Pakistani authorities more than doubled 
over the previous year, approaching 1.2 tons. The Anti-Narcotics Force also 
reported seizures of cocaine in 2013 and provided intelligence that assisted in 
effecting significant seizures of cocaine abroad, it says.

The annual prevalence of opiate abuse among Pakistanis aged 15-64 years has 
grown from 0.7pc in 2006 to 1pc in 2013, concurrent with increases in 
trafficking of opiates via Pakistan.

(source: Dawn)








BANGLADESH:

Kamaruzzaman review petition Thursday



The counsels of condemned war criminal Mohammad Kamaruzzaman have said they 
would file the review petition, challenging the Jamaat leader's death penalty, 
on Thursday. Tajul Islam, spokesman of the defence lawyers, said they would 
file the review petition on Thursday, the last day for filing the petition.

Earlier in the day, they met the war criminal at the Dhaka Central Jail.

A 5-member lawyer team entered the central jail around 10:30am, said Forman 
Ali, senior jail superintendent of Dhaka Central Jail. When asked about the 
topic of their meeting, the police official said: "They are discussing legal 
issues."

Earlier on February 28, a total of 8 members, including Kamaruzzaman's wife 
Nurunnahar, visited him at jail. In talking to reporters after the 30-minute 
meeting, Mohammad Shishir Manir, counsel for the death-row convict, said the 
family members went to see Kamaruzzaman as part of a regular visit.

"We'll appeal to the higher court, and hope to get justice," the counsel added.

On January 29, the last meeting took place. On February 19, prison authorities 
read out the death warrant to Kamaruzzaman immediately after International 
Crimes Tribunal-2 issued it. On February 18, the Supreme Court released the 
full text of the verdict against the war criminal.

The review petition challenging his death penalty has to be filed in 15 days 
from the day the death warrant was read out to the convict. On November 3, 
2014, the Appellate Division of the Supreme Court upheld the tribunal verdict 
that had awarded death sentence to the Jamaat-e-Islami assistant secretary 
general for committing crimes against humanity during the Liberation War in 
1971.

M Kamaruzzaman was shifted to Dhaka Central Jail from Kashimpur Jail in Gazipur 
after the SC upheld his death penalty.

(source: Dhaka Tribune)

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

Women, Children Repression Prevention Act ---- SC to deliver verdict on 
provision of death penalty any day



The Supreme Court will deliver a verdict any day on a government appeal 
challenging a High Court judgment that scrapped a provision of death sentence 
under the Women and Children Repression Prevention (Special) Act 1995.

According to Section 6 (2), a person will be given death sentence if found 
guilty of killing any woman or child after rape.

A four-member bench of the Appellate Division, headed by Chief Justice SK 
Sinha, kept the appeal waiting for a verdict, as the apex court has earlier 
concluded its hearing.

The government filed the appeal in 2010 following an HC judgment which, on 
March 2, 2010, declared the section illegal and unconstitutional, saying that 
whatever the nature of a crime is, death penalty cannot be the only punishment 
for criminals as per the constitution.

The HC order came following a writ petition challenging legality of the act 
which was filed jointly by Bangladesh Legal Aid and Services Trust, a rights 
organisation, and Sukur Ali of Manikganj, who was given death sentence on July 
12, 2001, in a rape and murder case.

The HC in 2010 also stayed the execution of Sukur's death sentence who is now 
in Dhaka jail.

Earlier, Sukur filed an appeal with the HC against the death sentence but the 
HC on February 25, 2004 upheld the judgment while on February 23, 2005, the 
Appellate Division also upheld the HC verdict.

(source: The Daily Star)








AUSTRALIA:

Australian Parliamentarians against the death penalty



The co-chairs of the Australian Parliamentarians against the Death Penalty 
group, The Hon. Philip Ruddock MP and Mr. Chris Hayes MP have received advice 
that the President of the Senate, the Hon. Stephen Parry and the Speaker of the 
House of Representatives, the Hon. Bronwyn Bishop MP have formally approved the 
reforming of the group for the 44th Parliament.

Recent events involving two Australians on death row in Indonesia has put the 
issue of the death penalty at the front of mind for many Australians. The 
re-forming of this group is in response to a number of politicians who feel 
Australia has a role to play in ending the death penalty internationally.

"I have fought against the death penalty, as a matter of principle, for the 
entirety of my Parliamentary career.

"This is still something I feel passionately about and will continue to raise 
among colleagues at home and abroad. Australia must take a firm stance against 
this barbaric practice", Mr. Ruddock said.

Mr. Hayes holds equally strong views against capital punishment.

"I oppose the death penalty wherever it occurs. To me, capital punishment is 
the most cruel and inhuman response to crime. It represents a violation of the 
most basic of all human rights; and that is life itself.

"My opposition to capital punishment, including advocacy for its abolition, is 
universal and not only when it involves Australians???, Mr. Hayes said.

So far 36 Federal Parliamentarians from across the Parliament have sought 
membership of this group.

The group will be meeting with legal experts, foreign dignitaries, foreign 
parliamentarians and human rights groups to discuss the role Australia can play 
in advocating against the death penalty.

THE HON PHILIP RUDDOCK MP, MEMBER FOR BEROWRA

MR CHRIS HAYES MP, MEMBER FOR FOWLER

(source: reversepr.com.au)








GAMBIA:

Rights Group Demands Action On Gambia's Rights Abuses



Amnesty International has called on the UN Human Rights Council (HRC), its 
members and observer states to establish an investigation into human rights 
violations by the Gambian regime of President Yahya Jammeh.

In a statement issued ahead of the 28th session of the UN Human Rights Council 
in Geneva where a report by the Special Rapporteurs on torture and other cruel, 
inhuman and degrading treatment in the Gambia will be discussed, the rights 
group said it has over the years documented numerous cases of intimidation, 
arbitrary arrest and detention, torture, enforced disappearance and unlawful 
killings of journalists, human rights defenders and political activists in 
Gambia.

Torture

The London-based organisation said although the Jammeh regime had in November 
2014 denied the Rapporteurs access to the Security Wing of Mile 2 prison, where 
death row prisoners and others sentenced to long prison terms are held, their 
preliminary findings have revealed that torture is prevalent in the small West 
African country.

It added that their reports on the deteriorating human rights situation 
including torture and other ill-treatment of people in the Gambia are similar 
to the findings of the Rapporteurs.

It said the Rapporteurs have noted in their report that "the nature of the 
torture is brutal and includes very severe beatings with hard objects or 
electrical wires; electrocution, asphyxiation by placing a plastic bag over the 
head and filling it with water and burning with hot liquid. These methods of 
torture generally occurred over a period of days or even weeks."

Prison Conditions

The rights group added that the Rapporteurs have also expressed concerns about 
prison conditions in the Gambia and the lack of an effective complaints 
mechanism to address allegations of torture and other ill-treatment.

Amnesty International said it has received information of recent arrests and 
torture of a homophobic nature and it has recorded that at least eight people, 
including 3 women and a 17-year-old boy, were arrested by the Gambia's National 
Intelligence Agency (NIA) and Presidential Guards in November 2014 and 
threatened with torture because of their presumed sexual orientation.

"All those arrested were detained under investigation for "homosexuality" and 
were subjected to ill-treatment, such as beating, sensory deprivation and the 
threat of rape to force them to confess their "crimes", it added.

"Amnesty International received information that a further 6 individuals were 
reportedly arrested in November and December 2014 on the same grounds; 3 of the 
men arrested are currently facing trial in the High Court of Banjul."

The rights group added that it has also received information that Gambian law 
enforcement agencies including the NIA and Presidential Guard have arrested at 
least 30 persons, including a 16-year-old boy, since the beginning of January 
after a failed alleged coup attempt in the capital Banjul on 30 December 2014.

It said the detainees are being held incommunicado and without charge and 
security forces have threatened to arrest anyone demanding the release or 
whereabouts of those arbitrarily detained.

"Amnesty International is concerned about the use of arbitrary detention and 
torture and other ill-treatment against human rights defenders or opponents of 
the regime," the right group said.

"It is also concerned about restrictions to the right to freedom of expression, 
in particular through successive legislation passed in recent years 
unnecessarily restricting this right and imposing increased punishments."

It added that recent amendments to the Criminal Code in May 2013, which include 
the charge of providing "false information to a public servant" is broad and 
subject to abuse by law enforcement authorities, in particular the NIA. It 
added that the new law is also likely to result in the detention and 
interrogation of persons, in particular, journalists and human rights defenders 
and others who express dissent, all of whom are at risk of torture or 
ill-treatment during interrogation.

Amnesty International added: "The shrinking space allowed for human rights 
activism and any form of political dissent is a major obstacle to exposing, 
preventing and addressing the use of torture and other ill-treatment in 
Gambia."

Death Penalty

The rights group said although the Gambia has put in place a conditional 
moratorium on the death penalty since the execution of 9 death row inmates in 
August 2012, prisoners continue to be exposed to "death row phenomenon", which 
is "a combination of circumstances that produce severe mental trauma and 
physical deterioration in prisoners under sentence of death".

It added that the executions in 2012, which took place after a 27-year-long 
moratorium, were carried out without informing the prisoners, their lawyers or 
families in advance, and the authorities did not return the bodies of the 
executed to their families for burial.

The right group called on the Jammeh regime to desist from reprisals and 
intimidation against persons cooperating with the UN in the field of human 
rights, improve the conditions of detention in all places of detention and 
ensure that prisoners and detainees have access to medical care, adequate and 
appropriate food, hygiene and exercise.

It also called on the regime to investigate all allegations of torture or other 
ill-treatment and hold to account the individuals responsible, establish an 
independent mechanism that promptly and effectively investigates all 
allegations of torture or ill-treatment, establish a permanent moratorium on 
executions, with a view to abolition, commute all death sentences, and ensure 
that prisoners on death row enjoy fully their right to seek clemency. It 
further called on the regime to immediately end the policy of continued 
harassment, intimidation, arbitrary arrest and torture of people due to their 
perceived sexual orientation and of human rights defenders, journalists, 
political activists, and their families, repeal legislation that restricts 
freedom of expression inconsistently with human rights standards and ratify 
human rights treaties, including the Convention against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, 
the International Convention for the Protection of All Persons from Enforced 
Disappearance, and the African Charter on Democracy, Elections and Governance.

(source: Jollof News)








SOUTHEAST ASIA:

The death penalty in SE Asia: is there a trend towards abolition?



In 2013, scholars David T. Johnson and Franklin E. Zimring characterised Asia 
as the "next frontier" in the global campaign to abolish the death penalty. 
While hard data on death penalty practices is notoriously difficult to find, 
there are indications of a Southeast Asian trend towards abolition. The death 
penalty was abandoned in the Philippines in 2006, East Timor in 1999 and 
Cambodia in 1989. The last known executions in Laos and Myanmar were in 1989. 
Thailand has a high rate of clemency, which amounts to "de facto" abolition - 
its last reported execution was in 2009.

Bucking this alleged trend, Malaysia executed 2 people in 2013 and an average 
of 1 person per year between 2007 and 2011.

Indonesia resumed executions in 2013, ending a practical moratorium that began 
in 2008. Before that it executed between 1 and 10 people annually. So far 
Indonesia has executed 6 people in 2015 and 2 Australians, Andrew Chan and 
Myuran Sukumaran, are being transferred on Wednesday to a prison island where 
they will be executed.

Vietnam allegedly executes about 100 people a year. Singapore hanged 2 people 
in 2014, none between 2010 and 2013, and at least 1 each year from 2007 to 
2009.

Generalisations about the death penalty in Southeast Asia suggest abolitionist 
sentiments are increasing, yet practices vary substantially. To better 
understand the trends we must consider the context and political priorities of 
states that retain the death penalty. This is not to deny the significance of 
the death penalty reform movement, but to say that this activism must be 
understood in a local context.

The death penalty in Vietnam

In 2005, Vietnam reduced the offences to which the death penalty applies from 
44 to 22. These reforms reportedly arose from an ambition to advance human 
rights.

The debate in Vietnam about changing sentencing principles is ongoing. Proposed 
changes include an exemption from the death penalty for people aged over 70; a 
qualification that the death penalty only apply in "particularly serious 
cases"; and the possibility of a suspended death penalty provision.

This last approach involves the court ordering the death penalty, but 
suspending its implementation pending proof of rehabilitation over a period of 
years.

Vietnam also briefly suspended executions by firing squad. This followed a 
government decision in late 2011 that execution should be more humane and be 
done by lethal injection.

Subsequently, the European Union imposed a ban on the export of a constituent 
chemical, Propofol, which resulted in a radical increase in the number of 
prisoners on death row and an impasse about whether to reinstate death by 
firing squad. In August 2013, executions by lethal injection began after 
ingredients were developed locally.

In effect, Vietnam is reformist and reductionist - but it is premature to 
classify it as abolitionist.

The death penalty in Singapore

Arguably, Singapore echoes a reductionist, rather than an abolitionist, trend.

Activists are seeking the abolition of the death penalty locally. In 2013 
Singapore amended the Misuse of Drugs Act to remove the mandatory death penalty 
in drug cases. The act now allows for a life sentence and caning when an 
accused demonstrates that they were only a courier and that they provided 
"substantial assistance" to the authorities. The latter must be evidenced by a 
certificate from the Public Prosecutor.

Government figures claimed that the reform targeted increased co-operation with 
police. It did not reflect an abolitionist agenda. Others argue that global 
condemnation of the Singaporean government in 2005, when it executed young 
Australian drug mule Van Tuong Nguyen, contributed to the removal of the 
mandatory death penalty for some drug offences.

The next frontier?

If Asia is indeed the "next frontier", what is the status of abolitionism today 
in Vietnam and Singapore? There are now live discussions about abolition 
throughout these countries, particularly among lawyers, and this is nurtured 
through pragmatic support. This is balanced by those advocating for its 
retention, particularly where drugs, terrorism or treason are involved.

However, when jurisdictions want to execute foreign citizens they must navigate 
particular perils. This is especially true when global media are galvanised 
against them.

Vietnamese practice suggests there has been differential treatment for some 
foreign nationals, made possible through the clemency process. Singapore 
rejects this approach, yet recent legal changes in Singapore offer "substantial 
assistance" as a means to avoid execution. Could this deliver the possibility 
of (foreigners) escaping the death penalty?

Current practices suggest Vietnam and Singapore demonstrate practical ways to 
reduce the incidence of the death penalty, particularly where foreigners are 
involved, rather than abolitionist tendencies. It is important to distinguish 
social and global media focus on the death penalty, which can either assist or 
hinder abolitionism, from policy changes.

At this stage, the death penalty remains in Singapore and Vietnam with little 
prospect of abolition. What we have seen are more humane approaches to 
execution (Vietnam) and reductionist reforms (both states). Over time, the 
prospect of foreign nationals escaping the death penalty seems likely to 
increase - although current experience in Indonesia exemplifies the danger of 
assuming this.

(source: The Conversation)