[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Fri Sep 18 14:14:59 CDT 2015





Sept. 18



GLOBAL:

8 Brutal Ways People Were Put To Death Throughout History That Will Terrify You


While today's society obviously has its issues, it usually seems pretty great 
in comparison to previous centuries, and even decades. Just the invention of 
the toilet is enough to make you grateful you don't live in medieval times, but 
when it comes to historical execution methods, things used to be pretty grim. 
These days, most execution practices are meant to be as quick and painless as 
possible, but that was not always the case - there are some insane ways people 
used to be put to death.

The death penalty as a practice has been traced all the way back to ancient 
China. The first recorded execution took place in 16th century BC when a member 
of Egyptian nobility was accused of having magical powers and was ordered to 
take his or her own life (if he or she was not nobility, the accused would have 
been killed with an ax), according to PBS.

The punishment of execution spread around the world and evolved over time. The 
American colonies' first execution was in 1608 when officials killed a Virginia 
man for plotting to betray Britain to the Spanish, and in 1612, Virginia 
governor Sir Thomas Dale created a law that made even minor crimes like 
stealing food or trading with Native Americans punishable by death.

Here are 8 crazy ways people used to be put to death all over the world. Be 
warned: Some are pretty gruesome.

Scaphism

Scaphism, also known as "the boats," is an ancient Persian method of execution 
that involved placing a naked person in a tree trunk with their head, hands, 
and feet sticking out. Their exposed skin was covered in honey and they were 
left floating in a stagnant pond, with the honey attracting insects that would 
eat and breed in their skin. The person would eventually die of starvation, 
dehydration, and shock.

Guillotine

The guillotine, a more well-known method of execution, began in the 12th 
century and was used in France for the last time in 1977. Although it was 
invented as a more humane way to end criminals' lives, a beheading is really 
pretty cruel.

Elephants

In South and Southeast Asia, execution by elephant used to be a common way to 
put people to death. Elephants were trained to torture or crush people in 
public executions.

Mazzatello

Used for capital punishment by the Papal states until 1870, mazzatello involved 
a masked executioner hitting the criminal over the head with a large mallet. 
Since this typically only knocked them unconscious, the executioner would also 
cut their throat with a knife.

Flaying

During the Middle Ages, flaying was often used to torture and execute criminals 
and witches. An executioner would use a small knife to peel off the person's 
skin slowly, usually starting on their face. Most victims died before the 
peeling reached their waist.

Blood Eagle

Nordic Vikings used an especially brutal execution method known as the "blood 
eagle." The victim would be placed face down and restrained so that an eagle 
with outstretched wings could be carved into their back. Then, the person's 
ribs would be removed from their spine one by one, with the bones and skin 
pulled out on each side to look like wings. To make it even worse, their lungs 
would then be pulled out and stretched over the "wings."

Breaking Wheel

Execution by breaking wheel was often used for more serious crimes during the 
Middle Ages. The criminal was tied to spokes on a large wooden wheel and as 
someone moved the wheel in a circle, a torturer would hit the person with an 
iron hammer, breaking their bones. After all their bones were broken, they were 
left on the wheel to die slowly.

Burning At The Stake

Historically, a popular form of capital punishment was burning at the stake, 
which involved burning someone alive. It was used in England to punish heresy 
and high treason through the 18th century.

(source: bustle.com)






SRI LANKA:

Death Penalty certain if obtained Parliament approval - President


President Maithripala Sirisena says that a motion will be presented to the 
Parliament regarding the instigation of death penalty. He stated that it will 
be implemented from next year for severe crimes if the resolution received 
Parliament approval.

The President made these observations at the Second National Drugs Prevention 
Programme held in Galle today (18th).

The President revealed that there had been many requests for the implementation 
of capital punishment after the murder of Seya and that there were many 
requests made before too. He further pointed out that it is instigated in 
well-developed nations as well.

(source: Hiru News)






INDIA:

Death penalty is arbitrary and should be abolished


The recommendations of the Law Commission for graded abolition of death penalty 
has once again opened the debate on both the right of a State to take away the 
life of a person as well as effectiveness of death penalty as a deterrence 
against crime. The Commission is of the view that the notion of an 'eye for an 
eye' and 'a tooth for a tooth' has no place in our constitution and legal 
system. The Bhagavad Geeta has also taught us that there is no permanent 
labelling of human beings as good or evil. Even the man with most evil ways may 
chose to turn a new leaf, sometime in his life. Jesus has also said that even 
when we have undeniable proof of another's wrong doing, we should exercise 
mental charity. Therefore, we should not label a man a criminal beyond 
redemption and approve of putting him to death, without giving him a chance to 
repent and mend his ways.

As per Amnesty International Report, 2014, at least 2,466 people in 55 
countries have been sentenced to death in 2014 and more than 19,000 people were 
believed to be under sentence of death worldwide at the end of 2014.

During this period, 64 persons have been sentenced to death in India. The 
figures appear to be high given the value of each human life is concerned. But, 
still there is a positive sign that the number of executions recorded in 2014 
decreased by 22% compared to 2013. In case of India also, the number has 
reduced by almost 50% (from 125 in 2013 to 64 in 2014), during the period. A 
total of 339 convicts were awarded capital punishment during 2011-13 in India.

This itself is an indication that the judiciary across the nations, including 
India, is gradually feeling uncomfortable with death penalty as a form of 
punishment.

The change in heart and change in perception is not without basis and logic.

About 80% of the under trials belong to the disadvantaged sections of society. 
A study done by National Law University, Delhi, and the Law Commission has 
confirmed that there is a class bias in awarding the death penalty. According 
to the study, more than 75% of death row convicts belong to backward classes 
and minorities; 75% are economically vulnerable and over 93% of those sentenced 
for terror crimes are minorities or Dalits. This goes against the principle 
that justice should not only be done but also appear to be done.

One of the basic objectives of retaining capital punishment is believed to have 
an effective deterrent against crime. But, does it serve the purpose? Have we 
ever tried to correlate between the two? Perhaps not, fearing of not 
establishing the correlation. There is no evidence to support the argument that 
death sentence has a greater deterrent effect on crime than imprisonment. In 
fact, I have not come across any scientific study establishing that capital 
punishment deters criminals from committing crime. So far as victims' right is 
concerned, injustice, once done, cannot be returned. Death sentence is 
irreversible and in justice system which is not free from human error, 
execution of an innocent cannot be ruled out. The Supreme Court has, in the 
past, admitted that death penalty jurisprudence is arbitrary in India. 
Secondly, there is possibility of using death sentence as a political tool. 
When capital punishment is used as a political tool, either to silence the 
critics or to reap electoral dividends, it has the potential to create 
disharmony in society. The issue of national security is definitely a serious 
and sensitive issue. Keeping this mind, the Law Commission has kept it outside 
the purview of abolition. But, we need to keep in mind that we are victims of 
state sponsored terrorism. Terror is being unleashed against India as a 
political and military strategy. So, death penalty of a terrorist will have no 
implication as a deterrent. Besides diplomacy, we need effective 
counter-terrorism measures, stringent border management and very effective 
internal security and intelligence mechanism to fight against state sponsored 
terrorism. This will help us to fight not only against terrorism but naxal 
insurgency and internal law & order issues as well.

As rightly pointed by Justice AP Shah Commission, the capital punishment system 
is diverting our attention to other urgent issues like low conviction rate, 
prevention of crime, protection of witnesses, police reforms, etc. According to 
the National Crime Records Bureau data, the rate of conviction in crimes 
committed under IPC has dropped significantly in the recent decades. In serious 
cases like rape and murder, conviction rate is abysmal, less than the average 
conviction rate of 38.5%. So, there is an urgency of strict enforcement of law 
and police reform so that conviction rates can be higher. This will be a 
greater deterrent than capital punishment as the probability of being punished 
for committing a crime will be higher. The Government should also clear the 
National Judicial Appointment Commission mess at the earliest and fill up the 
vacancies in both higher and lower judiciary.

The Law Commission had recommended earlier that there should be at least 50 
judges per one million population. At present, the number is eleven. So, the 
vacancies need to filled up on an emergent basis. Approximately, 2 crore 64 
lakh cases are pending in lower and district courts. If the Government can fast 
track these cases, it will benefit crores of people. This will bestow 
confidence of people on the State and judiciary. Another important thing is 
that cases should be examined in terms of their merit, the result not being 
influenced by media and public opinion. Media driven justice is against healthy 
judicial practice.

With nation-states evolving and their criminal justice system becoming more 
humane, nations after nations are abolishing death penalty. Despite this, the 
phenomenon is still there and unfortunately exist in a great civilisation like 
India. It is time for India to take a positive and progressive move and do away 
with the irreversible and extreme form of inhuman punishment. Even the 'rarest 
of rare' doctrine is arbitrary. Let's build a mature, functional and healthy 
criminal justice system. There should be complete moratorium on capital 
punishment.

(source: Jaiveer Shergill; The Author is a Supreme Court Lawyer and National 
Media Panellist, the Indian National Congress----ibnlive.com)


IRAN----executions

5 Prisoners Executed at Rajai Shahr Prison


5 prisoners charged with murder were reportedly hanged to death at Rajai Shahr 
Prison on the morning of Wednesday September 16. Iran Human Rights is aware of 
2 of their names at this time: Davoud Alambeigi and Morteza Ahmadbeigiha.

On Sunday September 13, the 5 prisoners along with 5 more prisoners, were 
transferred from their cells to solitary confinement in preparation for their 
executions. 5 of the 10 prisoners received reprieves from plaintiffs, and their 
execution order was suspended.

(source: Iran Human Rights)






SAUDI ARABIA----impending juvenile execution via crucifixion

Saudi Arabia to execute juvenile Shiite prisoner by crucifixion


Ali Mohammed al-Nimr, who was 17 years old when he was arrested in February 
2012 for joining anti-government protests and allegedly carrying a firearm in 
Saudi Arabia, is set to be executed by crucifixion, which involves crucifying 
the body to a pole with nails.

Ali's clemency appeals have been rejected, and he is likely to be executed in a 
few days despite international outrage.

While Ali was held in a juvenile offenders' facility, human rights 
organisations claimed that he was tortured into confessing and was also denied 
access to lawyers.

According to Reprieve, a legal organisation that works for human rights of 
prisoners, Ali's final appeal for clemency was secretly rejected last week. "No 
one should have to go through the ordeal Ali has suffered - torture, forced 
confession and an unfair, secret trial process, resulting in a sentence of 
death by crucifixion. But worse still, Ali was a vulnerable child when he was 
arrested and this ordeal began," Maya Foa, director of the death penalty team 
at Reprieve, said in a statement on the website.

Ali's death sentence is being seen in the context of his relation to Shia 
cleric Sheikh Nimr al-Nimr, who was also sentenced to death for promoting 
"foreign meddling" in Saudi Arabia. Sheikh Nimr, Alis uncle, was arrested two 
years ago in Saudi Arabia's Shia-dominated Eastern Province.

Human rights activists are now seeking global intervention to stop Ali's 
execution.

"His execution - based apparently on the authorities' dislike for his uncle, 
and his involvement in anti-government protests - would violate international 
law and the most basic standards of decency. It must be stopped," Foa wrote.

"Unfair trials of Shia citizens amount to no more than a legal veneer for State 
repression of their demands to end long-term discrimination. The authorities 
should not compound their repression by killing a child offender," Joe Stark, 
deputy Middle East director for Human Rights Watch said on the website.

Saudi Arabia is known to carry out the most number of executions in the world 
along with China and Iran, and has already executed more than 175 people in the 
past year after unfair trials, Amnesty International had reportedly said last 
month.

In 2015, Saudi Arabia executed at least 132 people till September at a rate of 
nearly one execution every 2nd day.

(source: International Business Times)






KUWAIT:

Fake Police sentence changed from life to death for raping Asian female


The court of appeal recently accepted a contest filed by the public prosecution 
demanding changing a life time imprisonment sentence into death penalty for an 
unemployed citizen who impersonated as a policeman, arrested an Asian female 
and instead of taking her to a police station as he claimed, took her to Adan 
where he used a gun to threaten and rape her.

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

Ethiopian maid in Sulaibikhat stabbing gets death penalty


The court of cassation yesterday upheld the death sentence for an Ethiopian 
maid accused of murdering citizen Seham Humoud Flaiteh. The case drew national 
attention in March of last year when the domestic worker stabbed her employer's 
teenage daughter to death in Sulaibikhat.

The suspect, identified as 22-year-old Rabiya Mahmoud, turned herself in at 
Sulaibikhat police station at 5:45 am that morning. She admitted killing 
19-year-old Seham, daughter of former Kuwaiti national football team defender 
Hmoud Flaiteh Al-Shemmari, earlier that morning. She confirmed that the murder 
happened at Shemmari's house where she worked as a housemaid. She told officers 
that she stabbed the victim multiple times in the girl's bedroom while she was 
asleep, then locked her inside the room before leaving her employer's house. 
She also handed over the knife she used in the crime. She also confessed that 
she had planned the murder days earlier and that her plans had been delayed 
because of the presence of the victim's younger sister.

The victim's father was a member of the Kuwait national team that participated 
in the 1982 World Cup. He served as the Deputy Director General for Youth 
Affairs at the Public Authority for Youth and Sports. Lawmakers at the time 
were quick to call for the banning of all Ethiopian domestic labor in Kuwait.

(source for both: Kuwait Times)






PAKISTAN:

Bannu jailbreak: IHC stays execution of convict till October 5


Islamabad High Court (IHC) on Thursday stayed execution of a convict of the 
military court facing charges of Bannu jailbreak till October 5. The IHC bench 
comprising Justice Noor ul N Haq Qureshi took up the petition filed by the Mir 
Shah Khan father of convict Tahir Khan. On September 2, the Inter Services 
Public Relations (ISPR) announced that the Army Chief General Raheel Sharif has 
approved death sentence to the 'hardcore terrorists' and Tahir was one of the 
convicts.

Father of the convict had filed the petition seeking trial proceedings of the 
military court and also permission to visit his son. IHC Justice Qureshi during 
the earlier hearing on September 10 had directed the federal government to 
submit detailed report in this matter.

On Thursday, the standing counsel Raja Khalid told the court that he had 
approached the interior ministry, the FIA, and Punjab Rangers but could not get 
any information about the convict. The judge remarked that he had made futile 
exercise and instead of contacting the quarters concerned, he contacted the 
irrelevant people. On this the standing counsel requested the court to adjourn 
the matter for a fortnight enabling him to get complete report. Justice Qureshi 
then issued the restraining order against the conviction till the filing of the 
said report.

Later on, the Interior Ministry has submitted the reply before the court 
regarding conviction of Tahir that he was awarded death penalty by Khyber 
Pakhtunkhawa Military on September 2. He has been kept in detention center at 
Peshawar. The family, however, can meet the convict with the approval of the 
administration. Earlier, a military court had convicted Tahir to death sentence 
for his involvement in the Bannu jailbreak incident.

In petition father of convict, Mir Shah Khan contended before the court that he 
was a resident of Bannu city and on February 24, 2014 his son was working at 
his fruit and vegetable cart in Lahore when some unidentified persons kidnapped 
him. He stated that all his family members kept searching for him but could not 
find him and then the petitioner's another son Muhibullah reported the incident 
to Raiwind Police Station Lahore but the police also could not locate his son. 
Mir Shah continued that on September 3, 2015, he came to know that his son was 
being tried by a military court for the allegations of attacking the jail in 
Bannu and had been awarded death sentence adding that he had tried to meet his 
son but he was denied.

(source: Business Recorder)


PAPUA NEW GUINEA:

PNG death penalty for rape talk 'too soon'


PNG Prime Minister Peter O'Neill says it's premature to talk about whether 
three Australians could face the death penalty if convicted of rape.

. Papua New Guinea's prime minister says it's premature to speculate about 
whether three Australians accused of rape could face the death penalty.

The three, employed by Wilson Security as guards at the Australian-run 
immigration detention centre on Manus Island, were stood down and sent home to 
Australia following an alleged incident in mid-July.

Manus Island police and locals claim they were removed before a proper 
investigation was carried out.

PNG prime minister Peter O'Neill, who discussed the case with former prime 
minister Tony Abbott in Port Moresby last week, wants the trio returned to face 
justice.

Rape convictions can carry the death sentence in PNG.

The police investigation was ongoing and Australian authorities were 
cooperating on the matter, Mr O'Neill said.

"It's premature for me to say they will be facing the death penalty," he told 
AAP in Port Moresby.

"It depends on the evidence that is available."

The country's death penalty laws were under review, Mr O'Neil said.

His government was conscious of human rights issues but also wanted to send a 
strong message to the community about sexual and gender violence.

According to Human Rights Watch an estimated 70 per cent of PNG women 
experience rape or assault in their lifetime.

Detention centre operator Transfield Services reportedly told the Manus Island 
victim's family the three men would be returned to face police questioning, 
after a relative hijacked a bus and truck belonging to the facility.

(source: sbs.com.au)






NEW ZEALAND:

NZ Government must step up efforts to end the death penalty----Australian death 
penalty experts to visit New Zealand - Monday 21 September


The New Zealand Drug Foundation and Amnesty International are calling for the 
New Zealand Government to increase its diplomatic efforts on the global 
abolition of the death penalty.

This call follows the conviction and sentencing of Tony de Malmanche who was 
facing the death penalty for methamphetamine trafficking into Indonesia, and 
the executions of 8 people, including 2 Australians in Indonesia in May.

"New Zealand needs to make its voice heard loud and clear in this important 
debate", said Ross Bell, New Zealand Drug Foundation Executive Director.

"Our government has previously played a central role promoting a global 
moratorium on the death penalty at the United Nations. The government's 
condemnation of the recent Indonesia executions was welcome, but since then 
we've been silent on the many executions conducted by the United Sates of 
American, Saudi Arabia, China, and our new trading partner Iran," said Mr Bell.

This year, the World Day Against the Death Penalty (10 October) will focus on 
ending the use of the death penalty for drug-related offences. 33 countries and 
territories retain the death penalty for drug crimes, many of which are within 
our part of the world or are countries with whom New Zealand has a strong 
trading relationship.

As part of efforts to build political and diplomatic momentum for the abolition 
of the death penalty the Drug Foundation and Amnesty International are hosting 
two leading Australian death penalty experts next week. They will meet with the 
minister responsible for drug policy Hon Peter Dunne, members of Parliament, 
and government officials.

Julian P McMahon is a Melbourne-based barrister who has worked on death row 
cases in the Asia region. Most recently, he represented Myuran Sukumaran and 
Andrew Chan, two Australians who were executed in Indonesia in April along with 
6 others. In 2005 Julian represented Australian citizen Van Nguyen who was 
executed by Singapore for drug trafficking.

Ursula Noye is Vice-President of Reprieve Australia, which provides legal 
representation to people on death row, and is a lawyer practicising in 
Melbourne.

Earlier in 2015 eight Australian NGOs issued a joint call to action outlining 
the key things they want their government to do to put in place. The visit is a 
chance to hear from those directly involved in death penalty cases how New 
Zealand can play its part speeding up the demise of this inhumane punishment.

"The Australian Parliament has responded to the recent executions of its 
citizens by conducting a cross-party inquiry into how Australia can improve its 
advocacy efforts for the worldwide abolition of the death penalty. We are 
urging our government to do the same. We shouldn't sit back and wait until 
another New Zealander is facing a possible execution," said Mr Bell.

"As a member of the UN Security Council our government has the authority and 
responsibility to speed up the global trend away from the use of the death 
penalty," Mr Bell said.

There is every reason to continue the momentum towards abolition of the death 
penalty. In 1977 only 16 countries had abolished the death penalty in law or 
practice. Today, there are 140.

"The use of the death penalty is a misguided effort to combat drug trafficking. 
There is not a shred of evidence to show that it is an effective method of 
tackling crime. All countries planning to carry out executions should 
immediately impose a moratorium as a 1st step towards abolition," said Carsten 
Bockemuehl, Advocacy and Research Coordinator at Amnesty International.

A public seminar is being held on Monday 21 September, at Te Papa from 5.00pm, 
to which anyone is welcome to attend.

PUBLIC EVENT:

WHAT: Why must they die? Campaigning to end the death penalty, Public talk

DATE: Monday 21 September

TIME: 5.00pm

LOCATION: Icon Room, Te Papa.

SPEAKERS:

Julian P McMahon, Melbourne barrister

Ursula Noye, Vice-President, Reprieve Australia

Carsten Bockemuehl, Advocacy and Research Coordinator at Amnesty International

Chaired by Ross Bell, New Zealand Drug Foundation Executive Director

(source: Scoop Media)





More information about the DeathPenalty mailing list