[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

April 25



TAIWAN:

Taiwan not about to replace death penalty with life imprisonment: Ma


President Ma Ying-jeou said Monday that although some countries in the world 
have replaced the death penalty with life imprisonment without parole, Taiwan 
is not thinking of following suit.

The president was responding to a question on the death penalty issue, during a 
news conference on the release of the second national report on the 
International Covenant on Civil and Political Rights and the International 
Covenant on Economic, Social and Cultural Rights.

According to Ma, replacing the death penalty with life imprisonment without 
possibility of parole has given rise to many problems.

For example, the public might find it hard to accept the idea of the country 
providing lifelong support for people convicted of serious crimes, he said, 
adding that prison population management can be another problem.

Furthermore, putting criminals in prison for the rest of their lives is no less 
harmful to human rights than executing them, Ma said.

Based on these reasons, the Ministry of Justice is not considering replacing 
the death penalty with life imprisonment without parole, he added.

He said the government's current policy is to keep the death penalty but use it 
judiciously.

Over the past 20 years, Taiwan has abolished all the laws that prescribed the 
death sentence as the sole penalty and has been reviewing those laws that 
maintain it as an optional penalty, Ma noted.

Judges and prosecutors have also been very cautious in handling cases in which 
the death penalty is applicable, he said.

As a result, Ma said, the number of people sentenced to death has dropped to 6 
per year on average from a high of 18 per year in the past.

People in Taiwan cannot yet accept the idea of removing the death penalty from 
the law books, the president said, adding that abolition of capital punishment 
is not yet a global trend either.

Although the United Nations has adopted several resolutions calling on states 
that maintain the death penalty to establish a moratorium on its use, the 
countries that retain capital punishment still account for 60 % of the world's 
population, Ma said.

(source: focustaiwan.tw)






PAKISTAN:

Pakistan jail 'withheld medical records' which could stop execution of 
paralysed man


A Pakistan jail which plans to hang a paralysed man on death row has been 
accused of withholding crucial medical documents which could be used to stop 
his execution, the Telegraph has learned.

Abdul Basit, who faces the grisly prospect of being hanged in his wheelchair, 
was granted a temporary stay of execution in November when the country's 
President ordered a full medical examination to determine whether he was too 
ill to face the gallows.

"If you can't pardon somebody who's been paralysed because of your jail's 
negligence, who is going to be eligible for a pardon?"----Sarah Bilal, Justice 
Project Pakistan

The reprieve was granted amid fears that Basit would be decapitated or suffer 
prolonged strangulation during his execution, as the prison has no guidelines 
on how to hang prisoners who are unable to mount the scaffold.

With his latest stay of execution set to expire on Monday, Basit's legal team 
have urgently appealed for access to an MRI scan confirming he has suffered 
irreversible damage to his spine, which they claim was caused by botched 
treatment for tubercular meningitis infection he contracted in prison in 2010.

The scans could prove that Basit's condition is so severe that he cannot be 
executed humanely and would offer him a chance of clemency, his lawyers say.

Prison officials refused to grant them access to the scans, prompting Basit's 
lawyers to file contempt of court proceedings against the superintendent of 
Faisalabad's Central Jail.

A Lahore judge on Thursday night ordered Faisalabad prison authorities to make 
the MRI scan available to Basit's lawyers, but dismissed the contempt claims.

"As his legal counsel we have a right to access medical records of our client," 
said Sarah Bilal, of Justice Project Pakistan, a non-profit law firm.

"The judge directed them to give us the MRI scans. That's where the spine scan 
will show what damage has been done to his spine."

"If you can't pardon somebody who's been paralysed because of your jail's 
negligence, who is going to be eligible for a pardon?"

Faisalabad prison officials insist they have shared all available documents 
with Basit's counsel, but initially said they could not provide copies of the 
original MRI scans.

The Pakistani government has not confirmed whether it will extend Basit's 
reprieve, meaning a new death warrant could be issued by the Faisalabad 
district court as soon as next Monday.

Its plan to execute a paralysed prisoner has been condemned by the United 
Nations, which says the procedure is illegal and has demanded that Basit's 
death sentence is commuted.

Meanwhile, Basit said in a written message passed to the Telegraph by the legal 
charity Reprieve that he is living in fear and hopes the Pakistani president, 
Mamnoon Hussain, will show him mercy.

"Before the President halted my execution the 2nd time, I had no hope that I 
would live. But the last 2 stays have given me a hint of hope that Mr. 
President acknowledges that I am a helpless paralysed man who cannot even stand 
on my feet," he wrote.

"I don't know what will happen when my stay expires. I don't know if they will 
hang me or let me live."

Basit, a former administrator at a medical college, was convicted in May 2009 
of the murder of the uncle of a woman with whom he was allegedly in a 
relationship.

He has always maintained his innocence.

Pakistan has seen a surge in executions since the country lifted its moratorium 
on the death penalty in response to the Peshawar massacre, in which hundreds of 
schoolchildren were gunned down by the Taliban.

Maya Foa, the director of Reprieve's death penalty team, told the Telegraph: 
"It's deeply worrying that the Pakistani authorities may now be gearing up to 
try and execute Abdul Basit - a paralysed man who once again faces the prospect 
of being hanged in his wheelchair.

"Following 4 previous last minute stays, the government has still given no 
explanation of how it plans to avoid a horribly botched execution.

"The international community must urgently call on Pakistan's President to halt 
this cruel spectacle, and grant Basit's plea for mercy on line with the 
Rapporteur's recommendations."

(source: The Telegraph)






INDIA:

HC to begin confirmation hearing in Yug Chandak case from today


After Nagpur Sessions Court awarded double death penalty to Rajesh Daware and 
Arvind Singh, the perpetrators involved in kidnapping and diabolical murder of 
8 year old Yug Chandak, Nagpur bench of Bombay High Court will hear the 
confirmation hearing from April 25. A division bench consisting of Justice 
Bhushan Gavai and Justice Swapna Joshi will hear the confirmation and cross 
appeals filed by the accused persons.

As per section 366 of the Criminal Procedure Code, confirmation hearing before 
the High Court is mandatory in which entire evidence is examined and assessed. 
The record sent by Sessions Court was placed before the High Court 3 weeks ago 
and registry was directed to prepare the paper book at the earliest and in any 
case before April 17. The High Court has already issued notices to both the 
convicts Arvind Singh and Rajesh Daware.

Arvind Singh and Rajesh Daware have also filed appeals challenging conviction 
by Principal District and Sessions Judge. The appeals will be heard along with 
confirmation hearing. The High Court had appointed Adv Rajnish Vyas to defend 
Rajesh Daware while Arvind Singh had filed the appeal through his counsel C R 
Thakur.

The Sessions Court found Rajesh and Arvind guilty of kidnapping for ransom 
under section 364A of the IPC and for murder of the child under section 302 and 
awarded a rare double death penalty. The Principal District Judge had also 
refused to show any leniency to both accused cited cruel mentality of accused, 
grid for the money, rage and no value for human life as compelling reasons for 
handing down death penalty to accused duo who hatched a deliberate and 
well-planned conspiracy after thoughtful process that led to killing of an 
innocent child.

The Sessions Court had also awarded lifer to Rajesh and Arvind along with fine 
of Rs. 10,000 each for hatching a criminal conspiracy. Also the two accused 
were also sentenced to seven years rigorous imprisonment and fine of Rs. 5,000 
after being found guilty of destroying the evidence.

Government Pleader and Public Prosecutor Bharati Dangre will represent the 
State while Adv Rajendra Daga will appear for aggrieved Chandak family. C R 
Thakur and Rajnish Vyas are representing the appellant-convicts.

(source: The Hitavada)






VIETNAM:

Battling Corruption in Vietnam


Corruption in Vietnam ranges from low-level bribery of traffic police for 
questionable violations, known colloquially as 'coffee money', to 
headline-grabbing scandals involving banks and government officials. The issue 
is a major one for the country, and the central government considers addressing 
corruption in Vietnam a top priority.

Vietnam routinely performs poorly in global corruption rankings, coming in 
112th out of 168 in Transparency International's latest Corruption Perceptions 
Index. The UK Foreign & Commonwealth Office (FCO), meanwhile warns that 
"corrupt practices are widespread in Vietnam," adding that "anyone doing 
business in the country is likely to encounter, or hear of, corruption in one 
form or another."

Such warnings should come as no surprise to anyone who has spent time in 
Vietnam, as the media regularly reports on corruption cases involving 
high-level executives misappropriating enormous amounts of money.

For example, in January the Hanoi People's Court sentenced Pham Thanh Tan, the 
former general director of the State-owned Bank for Agriculture and Rural 
Development (Agribank), to 22 years in prison. Lengthy prison sentences were 
given to two other bank officials in the case, which caused losses of US$108 
million) (VND 2.4 trillion) at an Agribank branch.

These extended sentences are illustrative of the hard line taken by Vietnam's 
justice system when corruption is actually punished. Perhaps the most notorious 
example of a harsh crackdown came in 2013 when 2 former officials of the 
Vietnam National Shipping Lines (Vinalines), 1 of Vietnam's many money-losing 
state-owned enterprises (SOEs), were sentenced to death for their involvement 
in a blockbuster case involving international arrests worth $17.3 million (VND 
366 billion).

Invoking the death penalty for white-collar crime may seem heinous to 
outsiders, but many Vietnamese lawmakers approve of the practice. Last year the 
government announced a plan which would allow defendants in serious corruption 
cases to avoid the death penalty if they return half of the money or property 
they gained through their offenses.

Members of the National Assembly (NA) objected to the move, arguing that it 
would hinder justice while being unfair to poorer people who are put to death 
for offenses related to drugs. It remains to be seen whether the proposal will 
be approved or not.

Vietnam's Anti-Corruption Efforts

In Q1 of this year the Government Inspectorate conducted 1,553 administrative 
inspections and 33,927 specialised inspections nationwide, uncovering economic 
law violations worth $1.04 billion (VND 23.3 trillion) and involving nearly 
2,000 hectares of land. The government body also asked to reclaim $33 million 
(VND 732 billion) for the State budget and 335.6 hectares of land, while also 
collecting fines worth $29 million (VND 643 billion).

Oddly, amidst these massive figures, only four corruption cases involving six 
people totalling $139,500 (VND 3.1 billion) were actually announced. The 
Inspectorate pledged to step up surprise inspections in Q2 in order to detect 
violations of any kind.

Tackling the problem at a grass roots level the Vietnam government and the 
World Bank have been involved in the Vietnam Anti-Corruption Initiative (VACI) 
for more than 6 years. The programme raises public awareness of anti-corruption 
laws while also educating people on their important role in detecting and 
reporting corruption.

The Vietnam Anti-Corruption Initiative (VACI) implemented by the Vietnam 
government with the support of the World Bank promotes transparency, 
accountability and integrity, with the goal of reduce corruption in Vietnam.

While such government initiatives are important, the struggle to eradicate 
corruption in Vietnam will ultimately come down to the people of Vietnam. 
Currently it is accepted that most bureaucratic procedures will involve some 
sort of bribe or other form of 'greasing squeaky wheels'.

Driver's licenses and other official forms and documents can be bought, which 
has its conveniences, but is detrimental to the development of the country. The 
tide will only truly turn once everyday people start saying "no" to officials 
who expect money-filled envelopes before they go about doing their job.

(source: aecnewstoday.com)



NIGERIA:

Arisekola Proposes Capital Punishment For Drug Traffickers


The Federal Government has been urged to introduce capital punishment as 
penalty for drug trafficking in the country.

This, according to its proponent and Chairman, Association of Online 
Practitioners, Wole Arisekola, will serve as a deterrent to drug traffickers in 
the country.

Speaking yesterday in Ibadan on the increasing rate of drug trafficking in the 
country, Arisekola disclosed that he was moved to propose death penalty for 
drug offenders due to the harms heroine, cocaine and other prohibited drugs do 
to mankind.

"The other reason for this proposal is the increasing number of Nigerians that 
are being held overseas for drug offenses. Some of them are even executed in 
the process', he said.

While speaking further, he noted that "many Nigerians are being executed in 
Malasia and other Asian countries while several of them are being jailed in 
Mexico, Colombia and other parts of the world."

"I am of the view that the introduction of death penalty will deter Nigerians 
from further involvement in this crime".

Arisekola, who is also the publisher of Street Journal magazine, an online 
publication, recalled that "General Muhammadu Buhari, as Head of State in 1994 
introduced this same measure and it drastically reduced the rate of drug 
trafficking among Nigerians."

"Now, as a civilian President, it will be necessary that he works with members 
of the National Assembly to ensure this law is in place."

He added further that the present efforts of government to market Nigeria 
abroad will be of little effect as long as Nigerians are still being held on a 
daily basis for drug offenses across the world.

(source: The Street Journal)






UNITED KINGDOM:

Britain Has Downgraded Its Global Campaign To Abolish The Death Penalty----The 
Foreign Office funds human rights projects around the world, but documents seen 
by BuzzFeed News suggest the Conservatives are less keen to pay for campaigns 
against capital punishment in countries such as China.


The British government has downgraded the global abolition of the death penalty 
on the list of priorities for its international human rights fund, BuzzFeed 
News can reveal, following a change in focus after the Conservative election 
victory that opponents say is a sop to nations such as China and Saudi Arabia.

The abolition of the death penalty was the top objective in 2014-15 of the 
Foreign Office's Human Rights and Democracy Programme, a fund that awards 
millions of pounds a year to organisations in other countries in order to 
"promote and protect" human rights.

However, after the Conservatives won an outright majority at the 2015 general 
election, officials changed the fund's priorities "in line with manifesto 
commitments".

These changes saw abolition of the death penalty reduced from being the fund's 
top objective to a passing reference in the final bullet point, according to 
documents released under the Freedom of Information Act.

Abolition of the death penalty is now hidden in a subsection under the 
jargon-heavy objective of introducing a global "human rights risk-management 
approach to security and justice interventions".

The Liberal Democrats said the priorities were changed because the government 
wants nothing to "come between potential trade with countries like China and 
Saudi Arabia, who happen to be ardent proponents of the death penalty".

The UK has made a strong pitch to the Chinese government for investment in 
major infrastructure projects such as the Hinckley Point nuclear power plant 
and the High Speed 2 railway line, welcoming the Chinese president on a state 
visit.

The government has also been keen to protect its relationship with Saudi 
Arabia, which it considers to be a key ally in the Middle East especially in 
terms of sharing intelligence on terrorism.

The UK's change of priorities coincides with executions hitting a 25-year high 
worldwide in 2015, according to research by Amnesty International. China and 
Saudi Arabia, along with Iran and Pakistan, were identified as the most 
prolific users of capital punishment.

As the use of the death penalty is considered to be a state secret in China, 
there are no precise figures on how many people are executed. However, Amnesty 
said the country put more than 1,600 people to death last year.

Saudi Arabia executed at least 158 people in 2015, according to Amnesty - a 75% 
jump from the previous year and the highest number recorded for the kingdom 
since 1995.

During the coalition government years between 2011 and 2015 the Foreign Office 
backed 42 different campaigns fighting for the abolition of the death penalty 
around the world. This included projects specifically targeted at Iran, China, 
and Saudi Arabia.

Foreign Office documents from this era describe the effort to combat the death 
penalty as a major diplomatic focus, especially in China where the British 
government funded 8 different campaigns to abolish the death penalty during 
that 4-year period.

However, the Human Rights and Democracy Programme's commitments for 2015-16 
show the Foreign Office currently has no specific funding for projects to 
abolish the death penalty in China, Iran, or Saudi Arabia.

Instead, it is funding general global campaigns against the death penalty, plus 
a handful of specific projects in Botswana, Honduras, Guatemala, Japan, and the 
US.

Liberal Democrat foreign affairs spokesperson Tom Brake accused the government 
and the foreign secretary of changing focus to encourage trade with countries 
such as China and Saudi Arabia.

"Abolition of the death penalty is one of the cornerstones of liberal values, 
and as arguably the most flagrant violation of human rights, should be at the 
core of our government's international human rights campaign," he told BuzzFeed 
News.

"It is clear that in his shameful mission to downgrade human rights in British 
foreign policy, Philip Hammond is abandoning the fight against the death 
penalty."

A Foreign Office spokesperson said: "Our work to abolish the death penalty 
around the world has a prominent place in the strategy for the Magna Carta Fund 
for Human Rights and Democracy as it did under its earlier name (Human Rights 
and Democracy Programme). The FCO is entirely committed to promoting abolition 
of the death penalty around the world, including in China - where it continues 
to be a major focus for our project work and advocacy."

(source: buzzfeed.com)