[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Aug. 20



SINGAPORE:

85 suspected drug offenders caught in latest CNB operation


A 4-day drug bust by the Central Narcotics Bureau (CNB), which ended on Friday 
(Aug 19) morning, resulted in the arrests of 85 suspected drug offenders.

Around 196g of heroin, 47g of 'Ice' and other suspected controlled drugs were 
also seized in the island-wide operation.

In the operation, 2 suspected drug traffickers were arrested by CNB officers in 
the vicinity of Havelock - a 55-year-old man, and his associate, a 51-year-old 
man. Both are Singaporeans.

Officers raided the hideout of the 55-year-old, who was also found to have 
small amounts of 'Ice' on him, and found 138g of heroin from within the unit. 
Numerous empty plastic straws, plastic sachets and a digital weighing scale 
were also recovered.

2 other suspected drug abusers, a 29-year-old male and a 31-year-old female, 
both of whom are also Singaporeans, were arrested shortly after the raid at the 
hideout.

Investigations into the drug activities of all the arrested people are ongoing.

A previous island-wise operation by CNB officers that took place early August 
saw 78 suspected offenders caught.

Under the Misuse of Drugs Act, anyone caught trafficking more than 15g of 
diamorphine (or pure heroin) can face the death penalty.

(source: todayonline.com)






NORTH KOREA:

London diplomat: Kim Jong-un 'orders executions' over Thae Yong-ho defection


North Korean leader Kim Jong-un has reportedly ordered the execution of those 
who failed to prevent the high-profile defection of Thae Yong-ho, a Pyongyang 
diplomat based in London. Thae, in a dramatic move, defected to South Korea 
this week along with his family.

He is believed to have directly flown to Seoul from London.

In the wake of the recent defections, Kim has dispatched security agents abroad 
to monitor the activities of North Korean officials and business personnel, a 
source familiar with the matter told Yonhap news agency.

The unidentified source added that North Korean diplomatic missions abroad have 
been given strict instructions not to allow any of the workers to leave their 
posts without permission.

"Kim has threatened an immediate pullout of overseas business operations that 
fail to perform," added the source.

The South Korean unification ministry claimed Thae chose to flee because of 
disillusionment with the North Korean regime under Kim, who has been tightening 
his grip on the isolated country in recent years.

Kim's latest move to further intensify efforts in curbing defections has come 
in the wake of other similar incidents. In April, a group of 13 North Korean 
workers from a restaurant in China escaped to the South. It was earlier 
reported that Kim had executed 6 officials over the defection of the restaurant 
workers.

Meanwhile, another top North Korean official managing the funds of Kim in 
Europe has reportedly disappeared in a mysterious manner. Yonhap cited South 
Korean daily Dong-A Ilbo as reporting that the official and his two sons were 
under the custody of local authorities in an unidentified European country.

About 50,000 North Koreans, including some minors, are estimated to be 
stationed in various countries to earn money for Pyongyang. This has recently 
come under increasing scrutiny from the international community as they say the 
money generated by these workers ultimately ends up funding the North's missile 
and nuclear programmes.

(source: ibtimes.co.uk)






PAKISTAN:

4 Quetta hospital attack facilitators arrested


Security officials nabbed at least 27 suspects, including 4 facilitators of the 
Quetta hospital bombing, in a combing operation in Mastung on Friday, while an 
anti-terrorism court in Naushki district handed down death and life terms to 15 
accused.

9 Afghan nationals were also among those rounded up.

A huge cache of explosives was seized during the combing operation, according 
to unnamed security sources.

The combing operation was carried out in the Kanak area of Mastung, some 25km 
away from Quetta.

Balochistan security forces claimed to have arrested 4 facilitators of the 
Civil Hospital carnage.

Anti-terrorism court

An anti-terrorism court handed down the death penalty and life imprisonment to 
15 men accused of involvement in the killing of a Levies official and an 
assassination bid on the life of District Police Officer (DPO) Kharan Anwar 
Badini.

ATC Judge Justice Jaffar Mengal also fined each accused Rs200,000 besides 
awarding death sentences and life imprisonments.

The accused were involved in the killing of Balochistan Levies official Umar 
Shah and attacking DPO Kharan's police mobile van. DPO Kharan and his driver 
were injured in the attack.

The culprits were charged with terrorism, murder, illegal possession of arms 
and ammunition, possession of explosives and an assassination attempt.

The main accused in the case, Mullah Ashraf, was given a quadruple death 
sentence while 14 of his accomplices were awarded death sentences 3 times.

The abettors included Maqbol Ahmed, Abdul Qayyum, Mohammed Yaqoob, Khuda Baksh, 
Rehmatullah, Zahoor Ahmed, Abdul Qadir, Amjad Ali, Mehboob, Hazoor Baksh, Abdul 
Qadus, Danyal, Badost and Shakil Ahmed.

(source: Express Tribune)






IRAN----executions

Mass executions on the anniversary of massacre of political prisoners


8 young prisoners executed on August 17; 59 executions registered in 17 days

A new wave of mass executions has been launched by the anti-human clerical 
regime of Iran. The executions coincide with the anniversary of the massacre of 
political prisoners in 1988.

The number of executions registered between August 2nd and 18th amounts to 59. 
29 of those executed were political prisoners.

On August 17, 3 young political prisoners -- 2 brothers and their cousin - from 
Sunni Arabs residing in Hamidieh, Ahwaz, were executed. Another 3 young men 
between 18 and 21 years old were executed in the Prison of Gorgan (northern 
Iran). 2 young men, 25 and 28 years old, were hanged in public in Bandar Abbas, 
southern Iran.

Confronted with a mounting wave of popular revulsion due to the recent 
revelation of parts of its crimes in the massacre of 30,000 political prisoners 
in 1988, the clerical regime fears the uprising of tens of millions of 
disgruntled people. It has thus found the only solution in stepping up mass 
executions, particularly of young men, to curb such an upheaval.

The Iranian Resistance calls on the Iranian people in general and youths in 
particular to protest the clerical regime's repressive measures and mass 
executions, and support the families of the victims.

The Iranian Resistance reiterates that silence and inaction in the face of the 
growing trend of executions, embolden the religious fascism ruling Iran in 
continuing its suppression, torture and executions. The Iranian Resistance 
further urges the referral of the dossier of violations of human rights in Iran 
to the UN Security Council and convening of an international tribunal to 
examine the crimes of the Iranian regime, particularly the 1988 massacre of 
political prisoners.

(source: Secretariat of the National Council of Resistance of Iran)


PHILIPPINES:

Congress can propose law restoring death penalty - Dean Diokno


De La Salle University (DLSU) College of Law Dean Jose Manuel "Chel" Diokno on 
Friday said that the 17th Congress can propose a law restoring death penalty 
for heinous crimes in the country.

During the "Uncovering the Court's Media Training on Monitoring the Judiciary" 
held at Bro. Andrew Gonzalez Hall, DLSU, Taft Ave., Manila, Diokno noted that 
the death penalty in the country's criminal justice system was repealed in 
2006.

Diokno added that the Philippines signed the Second Optional Protocol of the 
International Covenant on Civil and Political Rights (ICCPR) in 2006 and 
ratified it in 2007 without reservation.

The Second Optional Protocol to the ICCPR aims at abolishing death penalty.

It is "the only international treaty of worldwide scope to prohibit executions 
and to provide for total abolition of the death penalty," Diokno said.

He further said that States that ratify the Second Optional Protocol to the 
ICCPR "are required to renounce the use of the death penalty definitively."

(source: mb.com.ph)

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

Court allows Mary Jane's written testimony


A Sto. Domingo regional trial court granted the motion of Mary Jane Veloso, the 
Filipina on death row in Indonesia, to "testify" through a written deposition.

Amarica Castillo-Reyes of the Sto. Domingo Regional Trial Court Branch 88, the 
new judge hearing Mary Jane's case, ruled at the hearing on Aug. 18 that the 
deposition would be taken by the prosecution through written interrogatories, 
which, she said, is allowed under the Rules of Court.

Indonesian authorities have allowed the prosecution to get Mary Jane's 
testimony on several conditions. One condition is that questions to Mary Jane 
shall be in writing.

This will be the 1st time that Mary Jane will be allowed to testify and 
officially give her side to the court, which did not happen during her trial in 
the Indonesian court.

"The situation at hand presents a distinct factual milieu. The private 
complainant Mary Jane Veloso is not sick or infirm. Although she has left the 
Philippines, the return to the country is not a possibility by reason of her 
conviction for the offense of drug trafficking in Indonesia. Her return to the 
country to take the witness stand does not depend on her own volition but on 
the decision of the Indonesian government before whom she stands to suffer 
penalty as death row convict," read Reyes' decision, dated Aug. 16.

Reyes said the Philippine consular office in Indonesia would conduct the 
deposition upon written interrogatories. This would cover the direct-and 
cross-examination of Mary Jane, including re-direct and re-cross, if necessary. 
Her answers would be sent to the handling lawyers in the Philippines.

"It must be emphasized, however, that while the right of the prosecution to due 
process by allowing them to present evidence through deposition is ensured, the 
court must equally be vigilant in safeguarding that in the process, the 
fundamental constitutional right of the accused to confront the prosecution 
witnesses is not sacrificed," the court decision read.

"We are very happy. We have long prayed for this," Maritess Laurente, Mary 
Jane's sister, told Bulatlat.

Mary Jane Veloso was sentenced to death 6 years ago for carrying 2.6 kilograms 
of heroin, hidden in a bag lent to her by her recruiters. Her scheduled 
execution was stayed at dawn of April 30, 2015 amid national and international 
outcry about her being a victim of human trafficking. Indonesian President Joko 
Widodo stayed the execution pending the case filed by Mary Jane's family 
against her recruiters.

She remains in jail in Yogyakarta, Indonesia.

Meanwhile, here in the Philippines, accused Maria Kristina Sergio and live-in 
partner Julius Lacanilao are charged with qualified human trafficking, illegal 
recruitment, and estafa in relation to Mary Jane's case. The 2 are also facing 
large scale and syndicated human trafficking case filed by 3 other women whom 
they also attempted to recruit.

3rd complainant testifies against Mary Jane's recruiters

Jenalyn Paraiso, the last of the 3 women complainants against accused Sergio 
and Lacanilao, took the witness stand on Aug. 18 to detail how the couple 
attempted to recruit her twice in 2010 and 2011.

National Union of Peoples' Lawyers assistant secretary general for legal 
services Ephraim Cortez told Bulatlat in an interview that the complainant had 
earlier filed an affidavit of desistance to supposedly withdraw from the case.

But Paraiso, in her testimony before the court, said she did not intend to 
withdraw her charges against Sergio and Lacanilao because these were not true, 
but because she was scared.

She added that it was Lacanilao's mother who accompanied her to the Public 
Attorney's Office (PAO) in their province where she executed and signed the 
affidavit. She was not informed of the adverse consequence of the affidavit and 
was not even given her own copy, said Cortez.

Lawyers from PAO are representing the accused.

"The affidavit of desistance has no weight now. It is no longer valid as she 
has already affirmed how the accused attempted to recruit her twice," Cortez 
said.

Sergio and Lacanilao had no license to recruit

Apart from Paraiso, the prosecution also presented Philippine Overseas 
Employment Administration (POEA) regional head Paterno Juridico, who testified 
before the court that the accused are not registered with the said government 
institution.

Juridico submitted before the court a certification from the POEA that Sergio 
and Lacanilao are not licensed nor authorized to recruit workers for overseas 
employment.

Republic Act 9422 or the amended Migrant Workers and Overseas Filipinos Act of 
1995 provides that the POEA is tasked to "regulate private sector participation 
in the recruitment and overseas placement of workers by setting up a licensing 
and registration system."

In its Rules and Regulations on governing the recruitment and employment of 
land-based overseas workers, the POEA defined illegal recruitment as "any act 
of canvassing, enlisting, contracting, transporting, utilizing, hiring or 
procuring workers and includes referrals, contract services, promising or 
advertising for employment abroad, whether for profit or not, when undertaken 
by a non-licensee or non-holder of authority."

In their respective testimonies, the 3 women complainants - Lorna Valino, Ana 
Maria Gonzales and Paraiso - who surfaced on the eve of Mary Jane's scheduled 
execution - said they were recruited by Sergio and Lacanilao to find work 
abroad and were never presented a license issued by the POEA.

Mary Jane's family members already took the witness stand before the Sto. 
Domingo court.

Juridico's testimony is both for the case of Mary Jane and the 3 other women 
complainants.

Under a new judge

The trial of Mary Jane's recruiters is now being heard under a new judge, 
following the voluntary inhibition of Judge Nelson Tribianna of Branch 37.

Cortez said Tribianna, in his voluntary inhibition, said he was informed of 
rumors being circulated by accused Sergio that he is her relative. He also said 
the former judge found defense lawyer Howard Areza's pronouncement that they 
would ask him to inhibit should he grant Mary Jane's motion for deposition by 
written interrogatory as a "threat" and "inappropriate."

In an interview, Laurente described Reyes as "strict, brave, and dedicated." 
The Veloso family expressed hopes that the proceedings of the trial against the 
accused will be faster.

"This time, the (delaying) tactics and tricks of defense lawyers will no longer 
work. The judge repeatedly said that this is not an ordinary case," Laurente 
said, adding that the judge will hold hearings every month.

The next hearing is set on Sept. 9.

(source: bulatlat.com)






INDIA:

Gulberg Society massacre: SIT seeks death penalty for 11 who got life 
term----The SIT has not challenged the acquittal of retired deputy 
superintendent of police K G Erda, who was also acquitted for want of evidence.


The Supreme Court-appointed Special Investigation Team (SIT) has recommended 
capital punishment for 11 convicts who were awarded life imprisonment in the 
Gulberg Society massacre case by a special court on June 17 this year.

The SIT submitted its opinion to the state government last week, seeking the 
government's nod for filing an appeal petition in Gujarat High Court for 
enhancing the sentence of those convicted, and challenging the acquittal of 14 
people.

The special court had convicted 24 accused and acquitted 36 people in the case.

The SIT has not challenged the acquittal of retired deputy superintendent of 
police K G Erda, who was also acquitted for want of evidence.

On February 28, 2002, a day after 59 kar sevaks were burnt in the Godhra train 
carnage, a mob had broken into the compound of Gulberg Society. The mob killed 
69 people, including former Congress MP Ahsan Jafri.

According to SIT, the 12 convicts awarded seven-year jail terms and one convict 
who got a 10-year prison sentence for lesser offences should have been given 
life imprisonment.

The court-appointed probe team has argued that since these 13 people were part 
of the mob and were found guilty of unlawful assembly and arson, among other 
charges, they should have been treated as "murderers".

Sources in the SIT told The Indian Express that it will not challenge the 
acquittal of retired police officer Erda since he was wrongly involved in the 
case. Erda was the police inspector of Meghaninagar when the riots broke out at 
Gulberg Society on February 28, 2002.

"We have sent our recommendation to the state government, which is technically 
the prosecuting agency and has to give us the nod to go ahead. After analysing 
the judgment, we have found that there is scope of enhancing sentences and 
challenging acquittal of at least 14 accused," a member of the SIT said on 
condition of anonymity.

While pronouncing the sentence on June 17 this year, the special court had 
termed the Gulberg Society riots as "unfortunate" and the "darkest day in the 
civil society of Gujarat".

Ahsan Jafri's widow, Zakia, had filed a court complaint against the then chief 
minister Narendra Modi and others for orchestrating the riots. The SIT 
investigated her allegations following the Supreme Court's direction and gave a 
clean chit to Narendra Modi, the then chief minister of Gujarat.

Zakia appealed against the clean chit in Gujarat High Court which is likely to 
resume hearing on her plea from August 30.

(source: indianexpress.com)






BANGLADESH:

Family fear frail British journalist will die in Bangladesh jail


The family of an 81-year-old British journalist fear he could die in a 
Bangladeshi prison from ill health within months if he is not released. Shafik 
Rehman, who used to work for the BBC, has now spent four months detained 
without charge.

Dhaka detectives, posing as a TV crew, arrested him at home on 16th April 
without a warrant. International human rights organisation Reprieve, which is 
assisting Mr Rehman, is concerned that if charged he may face trial for crimes 
which could carry the death penalty. A Supreme Court hearing later this month 
will consider Mr Rehman's case.

Mr Rehman, who has been repeatedly denied bail, is in poor health. He spent the 
first weeks of detention in solitary confinement, without a bed. His health 
deteriorated and he was rushed to hospital. His 82-year-old wife has also 
suffered ill health as a result of the couple's ordeal.

His son Shumit, who lives in London, told the Independent that "Quite honestly, 
I'm not sure if either of them will see the year out." After Mr Rehman's 1st 
month of questioning, he required a wheelchair. Now he can only walk while 
holding onto someone. Shumit warned that his father may die in prison if he was 
not released soon.

Reprieve has written to the Foreign Secretary Boris Johnson, asking him to 
urgently support Mr Rehman's application for bail.

Maya Foa, director of the death penalty team at Reprieve, said: "Shafik Rehman 
has been put through a litany of injustices as 'punishment' for his journalism 
and his criticism of the government. First arrested by plainclothes officers 
posing as a TV crew, he's since been held in such terrible conditions that he 
needs hospital treatment.

"Now the authorities seem intent on dragging out his detention for as long as 
possible, while they threaten him with charges that carry a potential death 
sentence.

"Given that Shafik is 81 and in poor health, this ongoing ordeal puts him in 
grave danger. The UK government must urgently demand that Bangladesh release 
this British grandfather on bail - before it's too late."

(source: scottishlegal.com)






INDONESIA:

Executions: Indonesia disregards its own laws


Recently, the Attorney General's Office (AGO) held another round of executions 
and, similar to last year's executions, all those executed were drug offenders.

Hours after the executions, Attorney General M. Prasetyo reiterated that other 
countries should respect the sovereignty of Indonesian law, denying any appeals 
from countries concerned about the imposition of the death penalty in 
Indonesia.

The fact that the death penalty exists in our law is not in question, but this 
does not necessarily mean that the death penalty has always been implemented 
flawlessly.

In fact, given that the criminal justice system is human-made, it is inherently 
prone to human error.

In the days leading up to the execution, serious unfair trials and miscarriages 
of justice experienced by those to be executed were raised by lawyers, family 
members and human rights groups.

And now we have something more: an unlawful execution.

Outcries over the latest executions came from rights watchdogs, which 
identified 2 main errors.

First, at least 2 out of 4 of the executed - Seck Osmane and Humphrey Ejike - 
had pending clemency decisions.

According to the Article 13 of the Clemency Law, an execution of a prisoner who 
has filed a clemency petition cannot be carried out before the President has 
issued a presidential decree on the clemency decision.

Article 7 paragraph (2) of the same law previously regulated that one could 
lodge a clemency petition 1 year after one's court decision was declared final 
and binding.

[...] it potentially kills an innocent person. How many innocent lives must we 
end until we stop this senseless killing?

However, only last June the Constitutional Court declared that such a 
limitation was not in accordance with the 1945 Constitution and therefore 
revoked the article.

At that stage, neither of the 2 prisoners had filed clemency petitions until a 
few days before the executions. It seems obvious that legally speaking, both 
Seck and Humphrey still had a right to clemency and could not be executed 
before the President had made a decision over their petitions.

Second, the AGO violated the law on execution procedures, which regulates that 
executions cannot be carried out until 72 hours after a prosecutor notifies the 
condemned prisoners. All 14 death-row prisoners received their notification on 
July 26 around 3 p.m.

This meant that the executions could only be conducted, at the earliest, on the 
afternoon of July 29. In reality, the executions took place in the early hours 
of that day.

Given these 2 violations, it seems clear this latest round of executions was 
unlawful.

International communities have taken up these violations and condemned them. 
The UN High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, for example, 
called on Indonesia to put a moratorium in place, defining Indonesia as the 
"most prolific executioner in Southeast Asia". Is this the international image 
that Indonesia wants to project?

European and Australian governments have also raised concerns over allegations 
of unfair trials, despite no European or Australian nationals being listed for 
execution.

This demonstrates that their appeal to Indonesia to halt the execution is not a 
matter of defending their own nationals, but rather a matter of universal 
principle.

A distinguished Islamic philosopher from Oxford University, Professor Tariq 
Ramadan, has also sent an open letter to President Joko "Jokowi" Widodo. He 
enlightened the President on how sharia sees the death penalty. He argues that 
"rahmah [compassion] is an absolute necessity, an essential principle, an 
imperative duty, even if there is no doubt and all the conditions are 
gathered".

Despite the serious flaws and international criticisms, the AGO appeared 
adamant about its position on executions. Prasetyo has repeatedly said that 
other countries must respect the sovereignty of Indonesia's law.

Talking about such sovereignty, the attorney general himself has violated 
Indonesian law with those infringements. How can we expect foreign countries to 
respect our sovereignty of law if the law enforcers themselves blatantly 
disregard it?

That seems to be a paradoxical position and a hypocritical standing. This legal 
calamity can go on no longer. President Jokowi must stop any further 
executions.

Thorough evaluation of death penalty cases by an independent team established 
by the President is imperative.In the meantime, while the team is reviewing all 
death penalty cases, Indonesia must implement a moratorium with a view to 
abolishing the death penalty for all crimes.

This 3rd round of executions has shown us that even where an execution is 
"legal", it does not mean that it is not intrinsically problematic.

Further, it potentially kills an innocent person. How many innocent lives must 
we end until we stop this senseless killing?

(source: Raynov Gultom; The writer is a legal fellow at Reprieve UK, based in 
Jakarta. Reprieve UK advocates for worldwide abolition of the death 
penalt----The Jakarta Post)

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

5 Taiwanese arrested in Indonesia for alleged drug smuggling


Indonesia police arrested 5 Taiwanese suspects Thursday during a raid on a 
private residence in Jakarta, where they found 60 kilograms of the drug of 
methamphetamine, according to Indonesian authorities.

Investigators have determined that the drug was being supplied by a crime ring 
based in Taiwan, said Indonesian National Police spokesman Boy Rafli Amar on 
Thursday.

During the raid on the apartment in Ancol, North Jakarta, police arrested 1 
Indonesian and 5 Taiwanese, who are now being interrogated, he said.

It is not the 1st time that Taiwanese drug suspects have been arrested in 
Indonesia, a county where the maximum penalty for drug offenses is death.

In January, the Supreme Court of Indonesia sentenced 3 Taiwanese to death for 
attempting to smuggle more than 2 kilograms of amphetamine each into the 
country, through Jakarta International Airport, in 2014.

A few months later, in April, Indonesian police arrested another Taiwanese 
suspect in Jakarta who was found with 12 kg of methamphetamine.

Earlier this month, a Taiwanese citizen was arrested in Jakarta after 15 kg of 
methamphetamine was found at his residence.

(source: Focus Taiwan)