[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 6



MALAYSIA/SINGAPORE:

Death penalty? Allow vigilantes instead


Why waste taxpayers' money in executions when citizens can do the job 
themselves (and take greater pleasure in personally exacting revenge too)?

Sarawakian Kho Jabing, 31, was to have been executed in Singapore today for 
murdering a man.

Unfortunately, the labourer's case had very little media attention in Malaysia. 
Local human rights groups did not seem to mount much of a campaign for Jabing 
either, with only some writing press statements (a little too late) over the 
past few days. Singapore's Court of Appeal had sentenced Jabing to death 10 
months ago in January.

Do Malaysian human rights NGOs not care for an impoverished blue-collar worker 
from Sarawak? Why was Jabing's campaign spearheaded by a Singaporean group We 
Believe in Second Chances instead of a Malaysian group?

Malaysians should have gone all out in campaigning against his death sentence.

Sarawak minister Tan Sri Dr James Masing also said the state government would 
not intervene in the execution as it was inappropriate for Malaysia to 
interfere with the justice system in Singapore.

The Sarawak government's stand is unsurprising. However, I would argue that 
there's nothing wrong with interference to protect our own citizens if the law 
itself is unjust.

The verdict by Singapore's Court of Appeal was split 3-2.

According to Amnesty International Malaysia, the 2 dissenting judges held that 
there was no evidence to prove with certainty that Jabing had hit his victim, 
another labourer, more than twice, which would represent a "blatant disregard 
for the sanctity of human life" a key factor in deciding whether or not to 
sentence him to death. The other 3 judges thought Jabing's actions merited the 
death sentence.

Jabing was convicted of beating a China national with a piece of wood; the man 
later succumbed to his injuries, and Jabing sentenced to death in 2010.

Singapore reviewed in 2012 its mandatory death penalty laws. Jabing was 
resentenced to life imprisonment after the review, but Singapore's Court of 
Appeal later sentenced him to death in the 3-2 decision when the prosecution 
appealed.

Malaysia has yet to review laws on capital punishment.

Oxford University professors Roger Hood and Carolyn Hoyle wrote in their book 
The Death Penalty: A Worldwide Perspective that it is not "prudent" to accept 
the belief that capital punishment in the US deters murder significantly more 
than the threat of life imprisonment.

A study, which compared Singapore (that had among the highest execution rates 
in the world in the mid-1990s) with Hong Kong( that abolished the death penalty 
in 1993), reportedly found that homicide trends were similar in both countries, 
with neither an increase in Singapore's executions nor a steep drop after 1997 
making any significant impact.

Let's put aside the question of imposing the death penalty on drug traffickers. 
If we are to live by the "an eye for an eye" principle, then any other crime 
but murder should not be punished with death.

On whether the death penalty deters homicide, there is no conclusive research 
that points to a deterrent effect.

So we get to the so-called justice factor in the death penalty. If killing 
someone for killing another person is right, then in cases of theft, why 
doesn't the State take equal amounts of money from the accused based on the 
amount stolen? Why not appoint an official to sexually assault a convicted 
rapist?

Steal a loaf of bread, and the State takes bread as punishment. Beat and rape a 
woman till she bleeds? The State should do the exact same thing to her rapist.

These examples illustrate how ludicrous the death penalty is.

Even Singapore's principle in deciding death sentences on whether the accused 
showed disregard for the sanctity of human life is arbitrary. So, 2 strikes are 
okay, but 3 strikes are not?

What are the criteria for disregarding the "sanctity" of human life? If human 
life is indeed so sacred, then capital punishment shouldn't be in the picture 
at all.

The sanctity of human life surely doesn't depend on what a person has done, 
even if she has killed someone. It should be inherent from birth.

If we were to judge how sacred one's life is based on their deeds, then not 
only murderers, but rapists, child abusers and corrupt politicians would rank 
at the bottom of the scale.

Killing someone with a clean gunshot to the head may be more merciful than 
bludgeoning him to death with a rock, but the fact remains that the victim ends 
up dead in both scenarios.

We shouldn't kill more people in the name of justice.

(source: Opinion, Boo Su-Lyn; themalaymailonline.com)






PHILIPPINES:

Death to alien drug offenders eyed


A panel in the House of Representatives that has approved a measure imposing 
death on foreign nationals found guilty of engaging in drug-related activities 
in the country now awaits plenary consideration.

The House committee on dangerous drugs, chaired by Iligan Rep. Vicente Belmonte 
Jr., referred for plenary action House Bill 1213 which provides stiffer 
penalties, including death, against alien offenders in the country.

"This means that the imposition of the penalty for drug offenses as prescribed 
under the national law of the foreign national or the penalty under Republic 
Act 9165, whichever is higher, is the rule to follow," the bill's author, 
Cagayan de Oro Rep. Rufus Rodriguez said.

The measure, if passed into law, will amend Republic Act 9165, otherwise known 
as the "Comprehensive Dangerous Drugs Act of 2002" by "adopting the higher 
prescribed penalty, including death, of the national law of an alien found 
guilty of trafficking dangerous drugs and other similar substances."

In June 2006, R.A. 9346 was enacted into law prohibiting the imposition of 
death penalty in the Philippines, said Rodriguez, a former immigration 
commissioner.

"While the rationale for passing the law was very clear and noble, there are 
some sectors of society who believe that this law is not just and equitable 
because while foreigners may not be executed in the Philippines for drug 
trafficking, Filipinos who commit the same are executed in other countries with 
death penalty," Rodriguez said.

Because of the ban on death penalty, an argument against the law states that 
many foreign nationals are now emboldened to establish their drug factories in 
the country because once convicted, they only suffer life imprisonment as 
opposed to the penalty that they may suffer in their own countries which, in 
some cases, like death in China, he added.

He also cited constant reports of foreign nationals, including Chinese 
nationals, being caught selling drugs and operating drug dens and laboratories 
in the country. And once caught and convicted, the penalty that our courts may 
impose is only life imprisonment.

"This is a sad, or even unfair situation because when Filipinos are caught drug 
trafficking abroad, they may be imposed the death penalty, as seen in the most 
recent execution of the 3 Filipinos in China, namely Elizabeth Batain, 38, 
Sally Ordinario Villanueva, 32, and Ramon Credo, 42," Rodriguez pointed out.

Again, in July 2013, a 35-year-old Filipina was executed despite pleas from the 
Philippine Government. She was caught in January 2011 with 6.198 kilos of 
heroin in her luggage at the Hangzhou International Airport and was sentenced 
to death in 2011.

"While there is no reason to question the laws of foreign countries, we must 
however, ensure that our countrymen do not suffer the short end of the stick," 
Rodriguez stressed.

(source: The Standard)






PAKISTAN:

Pakistan moves toward death penalty for child sex abuse.


Pakistan has taken a step towards punishing the sexual abuse of girls with life 
imprisonment or even death after an influential parliamentary committee voted 
to amend current laws.

The National Assembly's standing committee approved the proposal by lawmaker 
Shaista Perveiz Malik yesterday, according to a statement on parliament's 
website.

"After detailed discussions, the committee unanimously passed the bill," it 
said.

The amendment only appears to address the sexual abuse of girls aged under 14, 
not boys.

Under the existing penal code, the punishment for rape ranges from a minimum of 
10 years' incarceration to the death penalty, but it does not specify the 
victim's age or gender.

The bill will now come before lawmakers in both parliamentary chambers, who are 
set to pass it into law.

Malik told the committee the state should protect vulnerable women and 
children.

In a report, independent child rights watchdog Sahil said that last year almost 
10 children were sexually abused in Pakistan every day on average.

Parliamentary records show that some 14,583 rape cases were registered in 
Pakistan between 2009-2014, while only 1,041 offenders were convicted.

Pakistan ended a 6-year moratorium on the death penalty last year, at first 
just for terror-related charges but later for offences including murder, drug 
smuggling, blasphemy and treason.

(source: The Kashmir Monitor)






INDIA:

Man gets death penalty for raping, killing minor


A local court has handed over death penalty to 1 person on the charge of raping 
and killing a 7-year-old and imposed a fine of Rs 30,000 on him. According to 
prosecution, Sooraj Vishwakarma (20) sexually assaulted the victim -- who used 
to sell garlands at Maa Sharda Mata Temple premises in Maihar -- on May 17. The 
girl was returning home after selling garlands when he committed the crime. He 
later killed her. Additional Sessions Judge CD Sharma delivered the verdict 
yesterday.

(source: webindia123.com)




GLOBAL:

II will never stop calling for an end to the death penalty: Ban


Vowing to never stop calling for an end to the death penalty, United Nations 
Secretary-General Ban Ki-moon on Thursday said studies have proven that those 
who are poor, mentally disabled, and/or are minorities are at higher risk of 
receiving the death sentence, regardless of guilt or innocence.

"That is simply wrong," Ban said in his remarks at the launch of a book, Moving 
Away from the Death Penalty: Arguments, Trends and Perspectives, by the Office 
of the UN High Commissioner for Human Rights, at the UN Bookstore in New York.

The book documents injustices that are "sickening," Ban noted, "but the 
arguments for change are compelling" and cited that "more and more countries 
and States are abolishing the death penalty" in all regions of the world.

"But there is also a backlash," he warned, and expressed his deep concern that 
"some States are sentencing more people to death and others are resuming 
executions."

Attending the launch was Kirk Bloodsworth of the United States, who is the 1st 
person exonerated from death row by post-conviction DNA evidence.

He was introduced by UN Under-Secretary-General for Communications and Public 
Information Cristina Gallach. The Permanent Representative of Italy to the 
United Nations, Sebastiano Cardi, also made remarks.

"[Mr. Bloodsworth] represents the reason we are here today. He is totally 
innocent of any crime. But like too many other people, he suffered the 
unforgiveable injustice of a death sentence...I am conscious that he says he 
was not exonerated because the system worked but because of a series of 
miracles," noted the UN chief.

In an interview with the UN News Centre, Bloodsworth indeed said he was saved 
by a series of miracles. He had survived the terrible ordeal - "spending a 
total of 8 years 10 months and 19 days in prison for a crime I did not commit" 
- through faith in himself "and my belief that I knew I was an innocent person, 
and at the end of the day, the truth came out.

Asked why he was personally against the death penalty, Bloodworth replied: 
"[It's very simple: if it can happen to me it can happen to anyone; in America 
or anywhere. What I'm saying is that an innocent person can be executed and 
that should never happen. If it can happen to me it can happen to anybody 
anywhere in the world."

Ahead of the launch, the book's editor, UN Assistant Secretary-General for 
Human Rights Ivan Simonovic, said in 1975, about 97 % of countries were 
executing criminals 2015, but only 27 % of countries that hand down the death 
penalty.

But Simonovic said that in 2014, there had unfortunately been a 28 % increase 
in the number of people condemned to death and also noted that one of the 
biggest drawbacks of death penalties is the "wrongful conviction" of suspects.

The Secretary-General today seized on the phenomenon today, saying "there will 
always be wrongful convictions - but when States impose the death penalty in 
such cases, they also kill any hope for justice."

And he also spoke of the "harsh reality" that the death penalty discriminates. 
"Study after study proves that if you are poor, minority or mentally disabled, 
you are at higher risk regardless of guilt or innocence."

"When we safeguard the human rights of the most vulnerable, we promote more 
peaceful, just and stable conditions for all," he said.

"I will never stop calling for an end to the death penalty," Ban said, noting 
that "no one has proven that the death penalty even deters crime."

"This book contains a great deal of information - but it makes no prediction on 
when the death penalty will be abolished globally. That is up to us. Let us 
write a new chapter so that the next edition may treat the death penalty the 
way we now treat public executions - as an aberration that is shunned in our 
world," the Secretary-General concluded.

(source: indiablooms.com)






AFGHANISTAN:

Public Stoning Condemned In Afghanistan


Afghan lawmakers have condemned and ordered an investigation into the stoning 
death of a young woman accused of adultery.

Lawmakers discussed the killing, which took place in the remote Ghor Province 
in late October, during a November 4 parliamentary session.

"As a representative of the Afghan people, I urge [the government] to hand over 
to the clutches of the law those behind this incident and the wild criminals 
who ruthlessly killed or stoned a woman to death," Shukria Paikan, a legislator 
from the northern province of Kunduz, said during the session.

The brutal death of 19-year-old Rukhshana was captured in a 2-minute video 
obtained from an eyewitness by RFE/RL's Radio Free Afghanistan. The video, an 
edited version of which was published this week, shows men identified as 
Taliban militants hurling stones at Rukhshana as she kneels in a hole in the 
ground, reciting an Islamic creed.

The killing reportedly took place in Ghalmin, a village on the outskirts of 
Firoz Koh, the capital of Ghor Province.

Ghor Governor Sima Joyenda told RFE/RL on November 2 that the stoning was 
carried out by "Taliban, local religious leaders, and armed warlords" after 
Rukhshana was found guilty of committing adultery. Joyenda said that her family 
had married her off against her will and that she was caught while eloping with 
a 23-year-old Mohammad Gul.

Gul was lashed for the same crime, according to local police.

Stoning 'Un-Islamic'

Najia Aimaq, a parliament member from the northern Baghlan Province, told 
fellow lawmakers that the stoning should have been prevented. "Those 
individuals who carry out such acts should be handed over to clutches of the 
law and should be punished," she said.

In a November 4 statement, the office of President Ashraf Ghani called the 
stoning "extra-judicial, un-Islamic, and criminal" and condemned the incident 
in the "strongest terms." The statement added that the president had assigned a 
delegation to "seriously investigate" the matter.

Rafiullah Bedar, a spokesman for Afghanistan's Independent Human Rights 
Commission, told Shamshad TV on November 3 that the stoning was "un-Islamic."

The Taliban has been widely accused of carrying out the stoning, a punishment 
rarely seen in Afghanistan since Taliban rule ended. In 2010, Amnesty 
International reported what it called the "first confirmed stoning in the 
country since the fall of the Taliban in 2001." In that case, a couple accused 
of adultery was stoned to death in a public execution in Kunduz Province.

Did The Taliban Do It?

Local police official Mohammad Zaman Azimi has said the stoning was carried out 
by the Taliban, as did Masooma Anwari, the head of women's affairs in Ghor.

But some, including activist Wazhma Frogh, co-founder of the Research Institute 
for Women, Peace and Security, are skeptical. "We are told elders did this!" 
Frogh wrote in a November 3 tweet. "Not defending any atrocities of Ts [the 
Taliban] but if done by elders then we're covering up a crime."

Joyenda -- the female governor of Ghor who has been the target of death 
threats, protests calling for her ouster, and outside criticism after a young 
couple was lashed in her province recently -- stressed that the village where 
the stoning occurred was controlled by the Taliban.

The provincial government's power extends little beyond Firoz Koh. Dozens of 
illegal, armed groups run by former warlords and militia leaders are active in 
Ghor, a key transit route for arms and drugs, and the resulting clashes are 
seen to be the source of much of the violence in the province.

The war in Afghanistan is often used as cover for a wide range of crimes, 
including revenge killings, kidnapping for ransom, and extortion.

Harsh Justice

The Taliban is also not a homogenous group. Afghan officials have used the name 
to label hostile former warlords, religious leaders, and tribal elders.

Capital punishment was widely practiced by the Taliban regime, which ruled much 
of the country from 1996-2001. Convicted adulterers were routinely shot or 
stoned in executions conducted in front of large crowds.

In rural areas, where Taliban militants exert considerable influence, some 
Afghans still turn to Taliban courts to settle disputes because they consider 
government bodies to be corrupt or unreliable. The Taliban courts employ strict 
interpretations of Shari'a law, which prescribes punishments such as stoning 
and executions.

The Afghan Constitution considers Islam to be the "religion of the state" and 
says that "no law can be contrary to the beliefs and provisions of the sacred 
religion of Islam."

The stoning of convicted adulterers is banned under Afghan law. However, in 
many areas controlled by the Taliban, it is not uncommon for men or women found 
guilty of having a relationship outside marriage to be sentenced to death, or 
publicly flogged.

(source: Radio Free Europe/Radio Liberty)