[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

March 28



IRAN----executions

Execution of 4 Prisoners in Maragheh Prison



4 prisoners with drug related charges were executed in Maragheh prison on 
February 27.

According to the report of Human Rights Activists News Agency (HRANA), 4 
prisoners with drug related charges has been executed in Maragheh prison on 
February 27.

These prisoners were Bahram Ashtari, Atef Ranjbar, Karim saadaat and Vali 
Najafniya and were sentenced to death for drug related charges.

An informed source told HRANA's reporter, "27 prisoners are in death row in 
Maragheh prison, who would be executed in the Iranian New Year".

(source: HRA News)








INDONESIA:

Philippines working to save Indonesia death row inmate



The Philippine government is exhausting all efforts to save a Filipina from 
execution in Indonesia over a drug smuggling conviction, an official said 
Saturday.

The statement comes after Indonesia's Supreme Court rejected Wednesday a 
petition by Mary Jane Viesta Veloso for a judicial review of her case.

Abigail Valte, deputy presidential spokeswoman, told state-run dzRB radio 
Saturday, "the government is doing everything within the legal framework of 
Indonesia to be able to push for her case."

Referring to an earlier pledge by Philippine Foreign Affairs Secretary Albert 
del Rosario, who recently visited Veloso in prison, Valte said, "the 
Philippines will continue to push other legal avenues."

Veloso, a single mother of 2 who sought work in Malaysia as a maid, was 
arrested while smuggling 2.6 kilograms of heroin at Yogyakarta airport, Java 
island, in April 2010.

Her family has insisted that the drugs seized from Veloso's luggage were 
secretly placed there by a relative.

Her earlier plea for clemency was rejected by Indonesian President Joko Widodo, 
who has adopted a tough stance on drug traffickers while the country faces a 
"drug emergency."

In a statement Saturday, del Rosario said a 2nd appeal for judicial review is 
being considered, expressing his confidence that executions would not occur 
within the next 2 weeks.

Indonesian authorities have been preparing to move Veloso to the Nusa Kambangan 
prison island, where 9 other drugs convicts -- including 8 foreigners -- have 
already been transferred awaiting execution by firing squad.

Indonesia's attorney-general office has said that the executions will be 
delayed as the inmates' lawyers continue exploring available legal avenues.

The death penalty was resumed in 2013 after a 5-year gap, according to Amnesty 
International. Earlier this year, 6 drug offenders -- including 5 foreigners -- 
were executed despite diplomatic pleas.

In February, Indonesia and the Philippines agreed to strengthen collaboration 
in exchanging information on intelligence materials, methods of drug 
trafficking and their possible routes, and new forms of illegal drugs.

(source: aa.com.tr)

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

Inmate may evade death penalty after underage claims surface



Death row inmate Yusman Telaumbanua is to be transferred to a prison in Medan 
and his case reviewed given a report that he may have been a minor when 
sentenced.

"The Directorate General of Correctional Institutions has agreed to it, so we 
are just waiting for the right time to do the transfer," said Law and Human 
Rights Ministry Central Java correctional division head Yuspahruddin, after 
visiting Nusakambangan prison island in Cilacap regency, Central Java, on 
Friday, together with members of the House of Representatives Commission III 
overseeing legal affairs.

Yuspahruddin said Yusman would be transferred from Nusakambangan to Tanjung 
Gusta Penitentiary in Medan.

Yusman's case made headlines as he was reported to have still been 16 years old 
when he was sentenced to death by the Gunugsitoli District Court, Nias, in 
2013.

Both the Indonesian and international justice systems allow minors to be given 
a maximum 10 years' imprisonment.

Article 37 (a) of the Convention on the Rights of the Child and Article 6 (5) 
of the International Covenant on Civil and Political Rights state that the 
death penalty and life imprisonment shall not be imposed on children.

The case saw Women's Empowerment and Child Protection Minister Yohana Yembise 
visit Yusman at LP Batu Penitentiary on the prison island on Wednesday to 
confirm his age.

"Yes, we have met. He said he was still 16 when he was sentenced," said Yohana 
after meeting Yusman.

Meanwhile, the North Sumatra Police said no procedures had been violated in 
Yusman's investigation, especially in regard to his age.

North Sumatra Police spokesperson Sr. Comr. Helfi Assegaf said his office had 
re-examined the investigation process and had found no violations had been 
committed by the Nias Police.

Assegaf said no document had been found that stated Yusman was underage during 
the legal procedure. Even Yusman's eldest brother, he said, had confirmed that 
Yusman was an adult when he was investigated.

"The facts show that the police's investigation into Yusman was correct," 
Assegaf told The Jakarta Post on Friday.

The Commission for Missing Persons and Victims of Violence (Kontras) North 
Sumatra branch, however, presented different information.

Kontras North Sumatra coordinator Herdensi Adnin said Yusman was a minor when 
he was investigated by the Nias Police, as shown by his baptismal certificate.

"We received the certificate 3 weeks ago from Yusman. It was issued by the 
Indonesian Bethel Church, Nusakambangan, Central Java," said Herdensi, adding 
that the document stated Yusman was born on Dec. 30, 1996.

"We will demand that the Supreme Court reviews the case," he said on Friday.

Earlier, Kontras also suspected that Yusman had been subject to violence during 
the investigation and had not been accompanied by any lawyers during 
questioning.

The police denied employing violence during the investigation and said Yusman 
was accompanied by lawyers.

Yusman and his brother-in-law, Rusula Hia, were sentenced to death by the 
Gunungsitoli District Court, Nias, on May 21, 2013.

They were convicted for the premeditated murder of their 3 employers, 
Kolimarinus Zega, Jimmi Trio Girsang and Rugun Haloho, on April 24, 2012.

(source: thejakartapost.com)








VIETNAM:

Death Penalty Reviewed in Vietnam



Vietnam is heading today for a review of the crimes that can be punished with 
death penalty, which was applied in few cases in the last times, reported the 
newspaper Than Nien.

During a meeting with legislators this week, the vice-minister of justice, Dinh 
Trung Tung, said that the process of amendment of the current penal code seeks 
to strengthen the dissuasion and make it more human.

The governing organism proposed to abolish the maximum sentence, replacing it 
by life imprisonment for a number of criminal acts, which include thefts, 
heroine smuggling, destructions of goods of importance for the national 
security and surrender to the enemies of the country.

In accordance with the project the death penalty will be kept for the 
aggravated drug trafficking, brutal murders, which are committed along with 
violations, thefts with crimes in the first grade and acts that threaten the 
human development and the public order as the corruption.

In the meeting the member of the Permanent Committee of the Justice Reform, 
Nguyen Tat Vien, appreciated that the penal legal system of the country is very 
severe, but not necessarily effective and it is necessary to limit the effect 
of the death sentences.

The amendments to be introduced in the reference Code emphasize the procedural 
guarantees for accused and guilty people.

(source: Prensa Latina)








ENGLAND:

Death penalty debate is finally swinging the right way ---- Britons who support 
the return of capital punishment are now in the minority. Let???s hear it for 
common sense and decency, writes Alan Tyers.



Good news for fans of the civilised world today as it emerged that public 
support for the death penalty has fallen below 50% for the 1st time in a 
generation.

The NatCen British Social Attitudes study has asked people for their views on 
the death penalty since 1986.

Some 48% of people now back the death penalty for "some crimes", down from 54% 
in 2013.

In 1986, it was as high as 74%. By 1998 it was 59%.

So is this cause for celebration? In my opinion, yes.

When you read of the miscarriages of justice that have taken place in this 
country and abroad it just makes you thankful that we do not execute people.

Any number of innocent people could have been put to death if we still had the 
death penalty. Even one such death would be reason enough not to have it.

Coverage of the appalling ends suffered by death penalty victims in the USA - 
with people taking two hours to die after lethal injection ??? may also have 
hardened our attitudes to killing people in the name of the law.

There is no really compelling evidence that executing people acts a deterrent 
to crimes.

Maybe British people are also reacting to the barbaric acts we see around the 
world such as war crimes, the beheading of innocent prisoners by terrorists.

How could Britain claim to be revolted by those, or to take moral leadership 
against them, if we ourselves were killing people?

Obviously you read any number of appalling cases in the papers involving 
murders or harming children and it's natural to wonder if society would be 
better off without the criminals.

But would the death penalty deter people from committing the very worst crimes?

If the death penalty is about retribution and revenge then fair enough, but 
let???s not pretend this is about justice.

For the 1st time in nearly 30 years a majority of Brits oppose the state 
killing of people. That has to be a good thing.

(source: bt.com)








PAKISTAN:

Minors and death penalty in Pakistan<



>From drawing rooms to social media forums, Pakistan recently debated at length 
whether Shafqat Hussain was a minor when convicted of the alleged criminal 
offences and whether he should receive the capital punishment like the many 
terrorists facing the death sentence at the moment.

A recent report by Reprieve and Justice Project Pakistan tells us that there 
could be as many as 800 other child offenders on death row in Pakistan. In 
Shafqat's case, the execution of his death sentence has been delayed for 
another 30 days and a committee formed to ascertain his age at the time of the 
offence. It is interesting to note that Shafqat was originally convicted for 
murder by the trial court but the High Court overturned the same in 2007 and 
now he faces death only for the offence of "kidnapping for ransom" under 
Section 6(2)(e) of the Anti-Terrorism Act of 1997. Not many seem to realise 
this position and that it is because of the 'terrorist' nature of Shafqat's 
alleged offence that he faced the death row earlier this year in view of the 
(partial) lifting of the moratorium by Pakistan.

As of 03 March 2015, Pakistan has lifted the moratorium on death penalty across 
the board as long as all legal avenues and options have been exhausted and 
mercy petitions have been rejected by the president. Accordingly, it is likely 
that many child offenders could potentially face the capital punishment 
irrespective of the nature of their alleged offences as long as they have been 
convicted of a crime punishable by death.

There is divided opinion in Pakistan on whether we should continue to be 
counted amongst states that still have capital punishment and whether death 
penalty should be restricted to cases where the 'terrorist' nature of the 
offence is beyond doubt. However, there should be no confusion regarding our 
position in relation to the non-applicability of capital punishment in the case 
of minors. This is not my personal opinion or the position of a segment of our 
civil society; it is the position of our country as reflected by Pakistan's 
ratification of the Convention on the Rights of the Child (CRC), the 
International Covenant on Civil and Political Rights (ICCPR) and the 
promulgation of the Juvenile Justice System Ordinance 2000.

Pakistan ratified the CRC on 12 Nov 1990 and Article 37 (a) of the CRC states 
that state parties shall ensure that "no child shall be subjected to torture or 
other cruel, inhuman or degrading treatment or punishment. Neither capital 
punishment nor life imprisonment without possibility of release shall be 
imposed for offences committed by persons below 18 years of age".

Similarly, Pakistan ratified the ICCPR on 23 June 2010 and Article 6 (5) of the 
ICCPR states that "sentence of death shall not be imposed for crimes committed 
by persons below 18 years of age and shall not be carried out on pregnant 
women".

Moreover, Juvenile Justice System Ordinance 2000 covers orders that shall not 
be passed with respect to a child, and Article 12 (a) states that "no child 
shall be awarded punishment of death...".

It is also worth pointing out that the Pakistan Penal Code states in section 82 
that "nothing is an offence which is done by a child under seven years of age" 
hence establishing the minimum age of criminal responsibility. Section 83 of 
the Penal Code goes on to state that between 7 and 12 years a child can only 
commit an offence when he has attained sufficient maturity of understanding to 
judge of the nature and the consequences of his conduct.

Therefore, if there is a clear state position that minors can't be given death 
penalty then why do we have as many as 800 child offenders, as per the report 
released by Reprieve and Justice Project Pakistan, on death row?

The problem, in my opinion, is that of lack of awareness, incompetency and 
perhaps even professional negligence.

It is not just a matter of the lack of awareness among alleged child offenders 
and their guardians regarding the legal position relating to trials involving 
minors but also a grave reflection of the lack of proper legal representation 
by their lawyers (whether appointed by them or the state) and ignorance 
(whether negligent or otherwise) of the alleged child offender's rights by the 
prosecuting authorities and the trial courts. If the report published by 
Reprieve and Justice Project Pakistan is even partially correct, someone should 
investigate how we ended up in a situation where we might have to face, to 
quote Fatima Bhutto, a 'moral catastrophe' potentially over 800 times.

In recent judgments, Pakistan's Supreme Court has laid down clear principles 
which the courts should consider while deciding the question of age. The 
Supreme Court has pointed out that the plea of minority by an accused is a 
special plea intended to take the accused off the noose and onus is thus on him 
(the accused) to prove the same and that such a plea of minority must be taken 
by the accused at the earliest possible opportunity, preferably during the 
course of investigation so that the requisite evidence about the age of the 
accused could also be properly collected and any delayed claim on the said 
account should be met by adverse inferences. Whenever such a question of age is 
raised or arises at the trial, the courts should not deal with the same in a 
cursory or in a slip-shod manner but must proceed to hold an inquiry in the 
matter as commanded by the provisions of section 7 of the Juvenile Justice 
System Ordinance, including medical examination of the accused for the purpose.

Therefore, in legal terms, the burden of establishing the age lies with the 
accused child offender. However, on the same basis that a minor should not be 
sentenced to death even in the case of crimes punishable by death due to his 
young age, this should not be seen as the sole responsibility of the child 
offender but that of all the adults involved in prosecuting and defending such 
an alleged offender. On the other hand, all those who assist criminals in 
misusing this legal protection for minors, by falsifying records and hence 
creating difficulties for genuine cases as well, should held for perjury and 
receive strict punishment.

It should be the moral (and perhaps legal) responsibility of the defence and 
prosecution lawyers and even the trial court judges to prevent miscarriages of 
justice and inform the child offenders of their rights where it is evident that 
the alleged offender is a minor. Whether Pakistan should continue to have death 
penalty for certain offences is another debate, however, until such time that 
the law of the land provides for capital punishment and also places limitations 
in relation to its application in the case of minors, all necessary steps 
should be taken to uphold Pakistan's international and domestic commitments in 
this respect.

(source: Taimur Malik; The writer is a partner at an international law firm and 
former Executive Director of the Research Society of International Law 
Pakistan----Pakistan Today)