[Deathpenalty] death penatly news----worldwide

Rick Halperin rhalperi at smu.edu
Wed Dec 14 11:18:20 CST 2016





Dec. 14




BELARUS:

Authorities Reluctant To Smother Their Own Voice


The continued existence of the death penalty in the country remains a principle 
position of the Belarusian dictator.

Belarus is on the verge of abolishing the death penalty. Former Chairman of the 
Constitutional Court, former Prosecutor General Ryhor Vasilevich said this on 
December 13 at the international conference "Abolition of the death penalty and 
public opinion", according to euroradio.fm.

"The crime rate today is such that we can do without the death penalty. There 
is just 1 condition - this measure should be kept for the crimes of a 
terroristic nature," - Vasilevich has stated.

In his opinion, the Council of Europe made a mistake when it deprived Belarus 
of the special guest status after the 1996 referendum back in 1997. Vasilevich 
believes that it left Belarus without an opportunity of a possible contact with 
Europe and learning from its experience. He suggested that the Council of 
Europe should take the 1st step towards the Belarusian authorities and restore 
the special guest status for Belarus. Perhaps it will encourage the Belarusian 
authorities to introduce a moratorium on the death penalty.

On the eve of the event, Rapporteur of the Parliamentary Assembly of the 
Council of Europe on the situation in Belarus of the Political Affairs and 
Democracy Andrea Rigoni suggested the authorities should impose a moratorium 
for a year and see how the situation will change.

Human rights defender Aleh Vouchak has told racyja.com whether the Western 
politicians can soft-talk the Belarusian authorities that the country needs 
abolishment of the death penalty.

- It seems to me that the continued existence of the death penalty in the 
country remains a principle position of the Belarusian authorities. 20 years 
ago, the Belarusians voted for the maximum punishment and no one wants to step 
back now. Like, we should not stand against the people's will. However, after 
20 years a whole new generation grew up, so no one knows how people would vote 
today. Anyway, no one has asked for their opinion yet.

- Do the authorities listen to the voice of the public, or pay attention to the 
campaigns held to pursue abolishment of the death penalty?

- They do not only fail to listen, they demonstrate the following position - 
you can say whatever you want, and we will execute more death convicts in 
response. Here is a vivid example. In October, human rights defenders held an 
"Against Death Penalty Week", and the authorities executed 3 death convicts at 
a time about a month later. So the position remains unchanged and no one could 
alter it so far. So, within the framework of some international conferences, 
the dialogue seems to be going, but not much else. No specific steps are taken. 
Moreover, Europe has generally ceased to press the official Minsk, because 
Minsk acts the way it considers appropriate.

- Is the moratorium on death penalty an article of commerce?

- The very existence of the capital punishment primarily damages the image of 
the country. That's what the authorities have to understand that they are 
counting on some foreign investors. But as they say, the authorities are 
reluctant to smother their own voice.

(source: Aleh Vouchak, charter97.org)






GAZA:

Concern around secret sentencing to death of Gaza woman


The case of the 1st Palestinian woman to be sentenced to death in more than 20 
years has raised concerns among human right activists in Gaza.

The 26-year-old woman, identified only as Nahia A, was convicted of killing her 
husband but her trial was held in secret and even her family has distanced 
themselves publicly from the case.

"They were afraid of revenge from the husband's family," said Zeinab Al 
Ghounimi of the Centre for Women's Legal Research and Consulting, which stepped 
in to help after Nahia A's family declined even to provide her with legal 
representation.

Her lawyer, Bakr Torkmani, said the woman is the mother of a young boy and had 
been married against her will. She lived in complete destitution in Khan Yunis, 
at the southern end of the Gaza Strip, and was repeatedly beaten by her 
husband.

Her husband's family has refused to let her see her son since she has been in 
jail. "I hope public opinion and media reports will have an impact on the 
judges after the haste they showed in handing out this death sentence," said Mr 
Torkmani.

According to the Gaza's attorney general Ismail Jaber, the woman stabbed her 
husband in the back several times when he stopped to answer a call of nature 
while they were out in their donkey cart. She had allegedly purchased the knife 
some days earlier. The authorities say she confessed after her arrest on 
January 31 and other testimony showed the killing was premeditated. She was 
convicted and sentenced on October 5 after a trial held behind closed doors.

"Once all procedural steps have been completed, we will sign off on the 
implementation of the sentence," said Mr Jaber.

Nahia A is the 1st woman to be sentenced to death in the Palestinian 
Territories since 1994, and her case highlights concerns over the continued use 
of the death penalty, especially in the Gaza Strip. Unlike the West Bank, 
Palestine's coastal enclave is ruled by the strict Islamist movement, Hamas. It 
has also endured a 10-year blockade and 3 wars with Israel since 2008.

Under Palestinian law, murder, drug-trafficking and collaborating with Israel 
are all punishable by death. There have been 33 executions in Gaza since 1994 
but since Hamas took power there in 2007, 96 people have been sentenced to 
death, mostly for spying for Israel. 21 death sentences have been handed out 
this year alone.

By contrast, in the West Bank, which is ruled by the Fatah-party-dominated 
Palestinian Authority, there have been only 2 executions since 1994 and none 
since 2002.

Mr Jaber said the death penalty was necessary to deter revenge attacks and also 
because the families of victims demanded it.

"The aim is not to increase criminality," he said. "What we want is to reduce 
it and eliminate it." The Palestinian Centre for Human Rights intends to appeal 
against Nahia A's sentence. In the meantime, she remains behind bars in Gaza 
City.

"Palestinian law does not make a distinction between criminals according to 
their sex," said Mr Jaber.

(source: The National)






PAKISTAN:

Only 7 % of executions related to terror charges----Since Dec 2014, 426 
criminals executed, mostly in cases unrelated to terrorism; after China and 
KSA, Pakistan comes in world ranking of executions in 2016


"Execution of convicted terrorists", the 1st point in National Action Plan, was 
included as a deterrent against the terrorists but only 7 % of the total 426 
have been executed on the charges of terrorism.

Human Rights Commission of Pakistan (HRCP) data shows that from December 2014 
to November 2016, only 29 out of 426 people have been executed under the Anti 
Terrorism Act. Vast majority of the 426 executions carried out since the 
moratorium was ended for the death penalty in December 2014 has been for crimes 
unrelated to terrorism.

There is an ideological debate on the issue of execution in the country as one 
side believes the death penalty serve the purpose of deterrent against crimes. 
The other side claims that execution can never be a deterrent against the 
crimes and this could be justified through the crime data of western countries 
where execution is banned.

The legal and constitutional experts also believe there are legal shortcomings 
and serious problems in the criminal justice system. Therefore, they say under 
these circumstances the extreme punishment is unjustified and illegal.

Syed Nayyar Abbas Kazmi was one of person executed after the moratorium was 
ended for the death penalty. His number was 182 on the list of those who 
executed in year 2015 and was hanged on July 29, 2015 in Multan jail. He was 
charged in murder case and arrested in 1996. According to his family, they were 
in negotiation with the victim's family for settlement but before they reached 
any agreement he was hanged.

Talking to The News, Syed Naeem Abbas Kazmi brother of Syed Nayyar Abbas, a 
resident of a small village Kotla Haji Shah (Layyah), said he was 18 when he 
was jailed and spent 19 years in the jail.

"We tried a lot for settlement and were paying the blood money to the bereaved 
family. Initially they did not agree for the settlement but when he (Nayyar) 
spent more than 1/2 of his life in jail they agreed for the talks. We were 
almost in the middle of the negotiation but before we reached an agreement he 
(Nayyar) was hanged", commented Naeem Shah.

Soon after the terrorists attack on Army Public School Peshawar in December 
2014, Prime Minister Nawaz Sharif addressed the nation and announced a 20-point 
National Action Plan (NAP) whereof executing the terrorists was the 1st point.

In 2014, 7 people were hanged. All of them were executed on terrorism charges. 
3 of them were involved in attack on General Musharraf. Dr Usman, the 
mastermind of GHQ attack and 3 other persons were accused of suicide attack on 
Musharraf's convoy.

Similarly, 333 people were hanged in 2015, out of which 15 were executed on the 
charges of terrorism whereas the remaining 318 were hanged on murder charges. 3 
out of the 15 have been hanged on the charges of attack on Musharraf. 3 have 
been charged for highjacking PIA plane whereas 4 people have been hanged on the 
charges of attack on Army Public School Peshawar.

>From January to November 2016, total 86 people have been executed, out of which 
total 7 were hanged on the charges of terrorism. More than 90 % of the 
execution occurred in jails of Punjab province. According to the data obtained 
from Justice Project Pakistan, a local NGO, 46 persons have been hanged in 
Faisalabad,39 in Rawalpindi, 52 in Lahore, 10 in Karachi, 25 in Multan, 31 in 
Sahiwal, 33 in Bahawalpur, 4 in Mirpur, 9 in Jhang, 2 in Peshawar, 6 in Jahlum, 
7 in Harripur, 5 in Sukkur, 1 in Larkana, 14 in Gujranwala, 13 in Sargodha, 19 
in Attock, 6 in Toba Tek Singh, 17 in Mianwali, 7 in Mach, 16 in Gujrat, 9 in 
Vehari, 17 in Sialkot, 2 in Haiderabad, 9 in DG Khan, 6 in Kasur, 11 in Kohat 
and one in Teemer Graha.

Chairman Pakistan Muslim League-Nawaz (PML-N) and Leader of the House in 
Senate, Senator Raja Zafarul Haq, while commenting on the execution says, Islam 
teaches to avoid awarding death penalty at first place and it should be applied 
as a last resort.

"Sometimes perceptions and human errors cause to make mistakes therefore 
awarding death penalty should be avoided. This is such an extreme punishment 
which cannot be overturned so easily keeping our criminal and justice system in 
view. We have seen many cases when people are wrongly executed. Because of 
having no influence and lack of resources they could not challenge the verdict 
at the level of apex courts. This is the reason Islam has asked to avoid 
awarding extreme punishment as 1st choice," Raja Zafarul Haq remarked.

"Though there is a proper system of punishments for any crime in Islam but 
these penalties are used as last resort. For instance there are 12 or 13 
precautions which needed to be checked before awarding sentence of cutting hand 
of a thief. Similarly death penalty is even the extreme punishment which should 
be avoided unless it is necessary. There are many other ways to control the 
crimes and bring reforms in the society. The punishment should be awarded 
keeping justice system and course of evidence in view", he commented.

"We need to review the capital punishment law and bring changes in it 
accordingly keeping our criminal justice system in view," recommended Raja 
Zafarul Haq.

Analysis of the official data of Lahore High Court for the year 2014 shows that 
total 1105 execution petitions were instituted across the province whereas 458 
petitions were pending from the previous years. The courts disposed of 988 (63 
%) execution petitions whereas 575 (37 %) remained pending for the next year.

Similarly, the same year 1456 new cases were instituted in anti-terrorism 
courts whereas 380 cases were pending from the previous years. The courts 
disposed of 1400 (76 %) cases whereas 436 (24 %) cases remained undecided.

According to the Justice Project Pakistan's data, after China and Iran, 
Pakistan has become the 3rd ranking country in terms of executing people. In 
2016, there is no exact data of executions in China, but 57 people hanged in 
Iran whereas Pakistan has executed 86 and Kingdom of Saudi Arabia 93.

The data further shows that till 2013, Pakistan has the largest death row 
population in the world as total 8,568 were waiting for death penalties. 
According to JPP's data, total 800 prisoners on death row in Pakistan were 
tried as 'terrorists'. In 86% of these cases, there was no link to anything 
reasonably defined as 'terrorism'. Hence, the 'terrorism' cases represent more 
than 1 in 10 of Pakistan's death row in the figures from 2012. However, this is 
now estimated to be as high as 30% whereas in the province of Sindh the figure 
is as much as 40 %. It is pertinent to mention here that there are currently 
over 17,000 pending 'terrorism' cases in Pakistan

Barrister Sarah Belal, director Justice Project Pakistan (JPP) believes 
executions can never serve as deterrent against crimes. This could be justified 
while analyzing the crime data of entire world as crime has no relation with 
hanging someone.

"Our criminal justice system is full of problems. We have problems in 
investigation system; there is capacity problem in our police department 
whereas bribery and political pressures further add to the miseries of the 
people. How can we execute a person when the criminal justice system is 
problematic? Therefore first we need to take measures to improve the system and 
then think about executing the criminals", commented Barrister Sarah.

The government officials on the other hand have a totally different perspective 
on the death penalty. They claim that policy of execution has proven effective 
as deterrence against terrorism. According to the official statistics the 
number of terrorist attacks has decreased from 1,823 in 2014 to 1,009 in 2015. 
Fatalities from attacks have also decreased from 1,761 in 2014 to 1,081 in 
2015.

(source: The News)

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

Death penalty: LHC rejects appeals of 7 military court convicts


The Lahore High Court dismissed on Tuesday the appeals of 7 militants convicted 
by military courts in cases of targeted killings.

An LHC division bench comprising Justices Shahid Mahmood Abbasi and Shahid 
Mehmood Sethi dismissed the writ petitions of the 7 convicts associated with 
proscribed organisations after going through the record of the military court's 
proceedings and arguments presented in-camera by the federal government.

The military courts had awarded death penalty to Sabir Shah, Abdul Rauf, Awais 
Gujjar, Suleman Pathan, Rafiullah and Sheikh Farhan, but the heirs of the 
convicts challenged their sentences before the high court.

On behalf of the appellants, Advocate Ali Zia Bajwa argued the trial of the 
convicts was under way in anti-terrorism courts when their cases were shifted 
to the military authorities from Kot Lakhpat jail. Neither the convicts were 
allowed to meet their families nor given a chance to engage a counsel to defend 
themselves before the military courts, he added.

The counsel contended the families of the convicts only come to know about the 
military courts' decision through a press release issued by the military's 
media cell. He requested the court to set aside the conviction by the military 
courts and acquit the petitioners.

The LHC judges, however, rejected the appeal.

Model Town inquiry

The Lahore High Court has dismissed the petition filed by the Pakistan Awami 
Tehreek (PAT) seeking the public release of the judicial inquiry into the Model 
Town carnage.

On Tuesday, an LHC full bench dismissed the plea for making the 
yet-to-be-released report a part of the religio-political party's private 
complaint pending in an anti-terrorism court.

Through its complaint, the PAT seeks the trial of prime minister, Punjab chief 
minister and others on charges of killing 14 party workers in a standoff with 
Lahore police on June 17, 2014.

PAT's counsel Rai Bashir Ahmad argued the Punjab government with mala fide 
intention restricted the publication of the report of the inquiry held by 
Justice Ali Baqar Najafi.

He said if the report became a part of the ATC proceedings, it would strengthen 
the statements of the witnesses.

The lawyer asked the bench to dismiss an order of the trial court and order it 
to make the inquiry report a necessary part of the proceedings on the 
complaint.

Minhajul Quran Administration Director Jawwad Hamid had filed the petition 
against dismissal of their application by the ATC.

The LHC bench headed by Justice Muhammad Yawar Ali dismissed the petition, 
announcing a reserved verdict.

(source: The Express Tribune)






BAHAMAS:

Sentence Delayed For The Killers Of Immigration Officer And His Girlfriend


A judge yesterday said she required more time to consider what punishment she 
will impose on 2 men convicted of the murder and kidnapping of a Department of 
Immigration officer and his girlfriend in Andros.

Zintworn Duncombe, 28, and James Johnson, 22, were due to appear before Justice 
Indra Charles yesterday to learn their fate for their respective roles in the 
murder and kidnapping of Shane Gardiner and his girlfriend, Tishka Braynen, in 
2013.

Duncombe, Johnson, Daniel Coakley, 28, and Cordero Saunders, 26, were all 
unanimously convicted of double kidnapping, conspiracy to commit armed robbery 
and attempted armed robbery.

The Crown is seeking the death penalty for Duncombe and Johnson.

In yesterday's hearing, none of the defendants was brought down from the 
Department of Correctional Services, which Justice Charles explained to 
counsel.

"Because of the nature of the matter, I'm unable to render a decision today. I 
need more time," the judge said.

Justice Charles has adjourned her ruling to January 17, 2017.

Gardiner and Braynen were allegedly killed after a failed plot to take $8,000 
in gambling winnings from the immigration officer. Braynen, of Cargill Creek, 
and Gardiner, who lived in Love Hill, both in Central Andros, were reported 
missing around 1.45pm on November 24, 2013. Gardiner had recently been assigned 
to the island. On December 21, 2013, police in Andros discovered the remains of 
a man with "items related to a female."

At a hearing last month, the prosecution argued that the case met the "worst of 
the wors" threshold set out in the 2011 amended Penal Code for the 
discretionary death penalty to be imposed.

Darnell Dorsett said the victims, based on the testimony of Terrel Mackey, were 
taken to Newbold Farms where Duncombe and Johnson, armed with handguns, 
demanded money from Gardiner.

"Duncombe shot Shane Gardiner in the head when Gardiner maintained that he had 
no money. Braynen started screaming and Duncombe shot her to the head execution 
style," the prosecutor added.

Ms Dorsett reminded the judge that the pathologist said that based on 
Gardiner's wound, his death was not immediate and so there was evidence of 
suffering.

Jerone Roberts, Duncombe's 2nd lawyer, countered that this case did not warrant 
the imposition of the death penalty as it did not fall within the "worst of the 
worst" threshold set out in prior rulings by the Privy Council.

Mr Roberts stressed that the psychiatrist could not definitively say that the 2 
convicts were beyond reform, which is a hurdle the Crown must get over in order 
for their application to succeed.

Duncombe, Saunders, Johnson and Coakley, who all maintain their innocence, were 
each represented by lawyers Ian Cargill, Moses Bain, Donna Major and Terrel 
Butler.

Ms Dorsett and Patrick Sweeting prosecuted the case.

(source: tribune242.com)






TRINIDAD:

Church against death penalty


THE Catholic magisterium has in recent years become increasingly vocal in 
opposing the practice of capital punishment, and it was "highly irresponsible" 
for anyone speaking on behalf, or perceived to be speaking on the church's 
behalf, to urge the imposition of the death penalty of any criminal or class of 
criminal.

Making the point yesterday, Roman Catholic Archbishop Joseph Harris said that 2 
months ago, the Antilles Episcopal Conference issued a statement opposing the 
use of capital punishment, and asked the Governments of TT and Barbados to 
change their laws on the issue.

Harris quoted Pope Francis as saying, "More and more it is seen as an offence 
against the inviolability of life and the dignity of the human person, which 
contradicts God's plan for man and society, and His merciful justice, and 
impedes the penalty from fulfilling any just objective. It does not render 
justice to the victims, but rather fosters vengeance." The archbishop's 
comments were in response to parish priest of St Charles Borromeo RC Church, 
Tunapuna, Fr Ian Taylor, who called for the death penalty to be restored during 
his homily at Saturday's Mass in response to the killing of Republic Bank 
employee Shannon Banfield.

Harris quoted the pope's letter to the president of the International 
Commission Against the Death Penalty in which he expressed the church's 
opposition to the death penalty and called it "inadmissible, no matter how 
serious the crime committed." The pope, Harris said, acknowledged society's 
need to protect itself from aggressors, but added, "When the death penalty is 
applied, it is not for a current act of aggression, but rather for an act 
committed in the past. It is also applied to persons whose current ability to 
cause harm is not current, as it has been neutralised.

They are already deprived of their liberty." On questions of methods of 
execution, Harris quoted the pope as saying there were discussions in some 
quarters about the method of killing, "but there is no humane way of killing 
another person." He also quoted Pope John Paul II and Pope Benedict XVI in 
calling for an end to the death penalty as a legal sanction. Both popes noted 
that significant progress was made "in conforming penal law both to the human 
dignity of prisoners and the effective maintenance of public order." The 
bishops of many countries have spoken to the same effect, the archbishop said.

He added that the Catechism of the Catholic Church says the traditional 
teaching of the church "does not exclude" recourse to the death penalty when it 
is "the only practicable way to defend the lives of human beings effectively 
against the aggressor." It adds, however, that today such cases are "very rare, 
if not practically non-existent." The doctrine on capital punishment has 
developed and has moved from accepting the right of the State to impose capital 
punishment. Fr Taylor in a release said that church???s centuries- old teaching 
on death penalty has been, and still is, that the State has the right to 
exercise the death penalty, but it has not demanded that the right be 
exercised, and leaves it to the discretion of the State.

He quoted from the Holy Bible to support his call for putting to use the death 
penalty, but, like Harris, noted the church???s recent position on withholding 
the death penalty citing the sacredness of life and the dignity of the human 
person.

(source: Opinion, Miranda La Rose ---- newsday.co.it)

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

Rebuked! Archbishop says priest's death penalty view "irresponsible"


Roman Catholic Archbishop Joseph Harris has delivered a stinging rebuke of 
Father Ian Taylor, one of his priest who advocated this week for the imposition 
of the death penalty.

Harrris declared that capital punishment was an offence against the 
inviolability of life and the dignity of the human person.

And it was highly irresponsible for anyone, speaking in the name of the church, 
to urge the imposition of the death penalty of any criminal or class of 
criminal, he said.

Harris said capital punishment contradicted God's plan for man and society, and 
his merciful justice, and impedes the penalty from fulfilling any just 
objective.

Harris was responding to calls by certain sectors of society to return hangings 
as a deterrent to serious crimes.

Roman Catholic priest Father Ian Taylor on Saturday called for the death 
penalty to be swiftly reinstated. Taylor said the country may never come to 
terms with last week's killing of bank employee Shannon Banfield.

He said the country was in a state and called for Banfield's killers to face 
the hangman as soon as possible.

But Harris, head of the Roman Catholic church, issued a release on Tuesday 
stating, "It is highly irresponsible therefore for any person who speaks in the 
name of the Church, or is perceived to be speaking in the name of the Church, 
to urge the imposition of the death penalty of any criminal or class of 
criminal. More and more it is seen as an offence against the inviolability of 
life and the dignity of the human person, which contradicts God's plan for man 
and society, and his merciful justice, and impedes the penalty from fulfilling 
any just objective."

Harris said capital punishment was seen as an offence against the inviolability 
of life and the dignity of the human person, which contradicts God's plan for 
man and society, and his merciful justice, and impedes the penalty from 
fulfilling any just objective."

Harris said the Antilles Episcopal conference had, 2 months ago, put out a 
statement opposing the use of capital punishment and asking the Governments of 
Trinidad and Tobago and Barbados to change their laws on this issue.

Harris said the Catholic magisterium in recent years had become increasingly 
vocal in opposing the practice of capital punishment.

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

None ready yet to face hangman----32 inmates in Death Row...


Of 32 inmates on death row, none are yet qualified to meet the hangman but 
Attorney General Faris Al-Rawi said he's keeping an eye on the cases and the 
hangman will work as soon as it's legally possible.

Al-Rawi said he's kept a close watch on the cases since he assumed office last 
September and, the fact is, the law of Trinidad and Tobago states that the 
penalty for the conviction of murder is to "hang until dead".

That law has not changed, he said, but none of the inmates on death row are yet 
legally ready to meet the hangman.

Some are not yet ready because their appellate process is still going on - that 
includes the Court of Appeal, the Privy Council and the Inter-American Council 
that sits on human rights.

He noted some are also not ready because of the application of the rule in the 
case of Pratt and Morgan, which says a death sentence may be converted to life 
imprisonment after 5 years on death row after sentencing.

The AG was speaking to the media on Monday after the adjournment of the 
Parliament, following the failure of the Opposition to turn up for debate on 
the Foreign Account Tax Compliance Act (FATCA).

He said he had come to the Lower House ready to answer an urgent question by 
the Opposition on the resumption of hangings, which Opposition Chief Whip Ganga 
Singh had not turned up to ask.

Opposition Leader Kamla Persad-Bissessar, during last Friday's FATCA debate, 
attempted a motion to put crime on the table for discussion as a matter of 
urgent public business.

She was denied and after refusing to accept House Speaker Bridgid 
Annissette-George's suggestion that the motion be placed under a different 
standing order, Persad-Bissessar was asked to leave the Chamber.

The Opposition bench followed and did not turn up to the chamber on Monday, 
earning stark criticism from the Government bench.

The move Friday by Persad-Bissessar came the day after the discovery of the 
body of Shannon Banfield - a bank clerk who had gone missing last week Monday - 
in the warehouse of IAM and Company Ltd, on Charlotte Street, Port of Spain.

Banfield's death sparked national outrage and widespread calls by citizens to 
bring back the hangman.

Al-Rawi again tied FATCA to Government's crime fight, saying it was imperative 
to take the profit out of crime.

On the issue of the resumption of hangings and the 32 cases he is tracking, 
Al-Rawi said Government fully intended to apply the law and added: "So I can 
guarantee you, those 32 files are on my desk and are constantly reviewed to see 
what the position is and from the time a person is qualified to meet the 
hangman, the law of Trinidad and Tobago will be applied."

(source for both: Trinidad Daily Express)


PHILIPPINES:

'Death penalty backers banking on emotions, not facts'


A human rights activist said those in favor of death penalty is banking on the 
emotions of victims of crimes to justify the push to reinstate death penalty in 
the country.

Speaking on ANC, Carlos Conde of Human Rights Watch said there is not enough 
factual evidence to show that death penalty can prevent crimes.

"We're still waiting for statistics for the proponents of the bill to show to 
us, for instance, that there's an upsurge of crime fueled by drug use, which is 
the usual argument by those who are pushing for this bill but we haven't seen 
any significant data or statistics that would convincingly show that," he said.

This is also the reason why backers of death penalty bills are banking on 
people's emotions instead to gain support for their cause.

"This is why the proponents of death penalty are making this a very emotional 
issue, citing, for instance, cases of crime supposedly related to drug use or 
heinous crimes supposedly related to drug use but they haven't shown data that 
would support the assertion that death penalty is a deterrent to crime," Conde 
said.

"The death penalty is a highly-charged political issue that legislators and 
politicians often latch on to as their advocacy because it's a very popular 
issue. People respond to the death penalty with this very highly emotional 
response," he added.

According to Conde, the death penalty is a very popular issue because of 
President Rodrigo Duterte.

"This push for the death penalty arises from the popularity of President 
Rodrigo Duterte; so as long as he's extremely popular, we expect politicians 
and lawmakers to follow his lead," he said.

Conde admitted that it will be difficult for those who are against death 
penalty to convince pro-death penalty lawmakers.

"If there is enough groundswell of dissent against these death penalty 
proposals in Congress, certainly all those people who did not vote for 
President Duterte could make a dent in the argument against death penalty, but 
you know, the death penalty is not a very popular issue among advocates," he 
said. "It would take a lot of work, to be honest, for those against the death 
penalty, to sway the legislators to not push this bill," Conde added.

DETERRENCE

Meanwhile, Volunteers Against Crime and Corruption (VACC) spokesperson Arsenio 
Evangelista reiterated that the death penalty will prevent crimes.

"It will deter. For us, it is the biggest weapon now for crime prevention, 
deterrence. When it comes to data, pro-life is saying that it is not a 
deterrent. It is a deterrent on a very high percentage," he said.

"Precisely, the absence of death penalty will increase extra-judicial killings 
because for us, death penalty is a retribution for acts being done to 
victims... The certainty of death will create fear among would-be criminals," 
Arsenio added.

Last week, the proposal to reimpose the death penalty has advanced to the 
plenary of the Lower House, 10 years after it was abolished.

Voting 12-6-1, the House justice committee approved the committee report of the 
substitute bill of the bills restoring the death penalty.

The vote of the mother committee came after an earlier vote of 12-5 adopting 
the subcommittee report of the same.

(source: ABS-CBN news)

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

Drop plans to expand death penalty, bishops ask Philippines


Catholic prayer and protests greeted proposals to expand the use of the death 
penalty in the Philippines, with the move drawing outspoken opposition from the 
country's bishops.

"Christ died for the criminals and the victims. The love of God is for all. Our 
love should be like God's love. For all," said Archbishop Socrates Villegas of 
Lingayen-Dagupan at a Dec. 12 prayer rally in San Carlos City.

"We are not protesting without a solution. We are protesting with an 
alternative. Reform the criminal justice system," he added. "If there's a death 
penalty but the criminal justice system is corrupt, slow and 1-sided, rapist 
and plunderer, and (drug) pusher and killer will remain confident."

In 2006 the country abolished the death penalty for crimes involving drugs, 
rape and arson. Now, President Rodrigo Duterte and his supporters have sought 
to reinstate capital punishment for such crimes, citing rising crime rates and 
drug use.

Archbishop Villegas, however, said that the courts can make mistakes, and there 
is no way to correct a mistake after a prisoner is executed. He said the death 
penalty is "a lazy form of penalty" that does not help reform "those who made 
mistakes."

Since July 1, when the new president took office, more than 2,000 people have 
died in police operations against illicit drugs, Reuters reports. Those killed 
are mainly street level drug dealers, accused by police of resisting arrest.

In the same time frame, another 3,000 people have been killed by masked men and 
vigilantes on motorcycles. President Duterte has denied claims of extrajudicial 
killings.

Senators have reported that they have no clear proof the killings are linked to 
state-sponsored actions. They have told the president to observe due process 
for the accused.

Cardinal Luis Tagle of Manila and the Manila archdiocese's presbyteral council 
urged a prayer against the death penalty to be recited at all Sunday Masses in 
the archdiocese Sunday Dec. 8.

"Father, source and giver of life, we lift our hearts and voices to you. Help 
us to build a society that truly chooses life in all situations," began the 
prayer, with the response "Lord, heal our pain."

The prayer was on behalf of victims, perpetrators and society.

"There is in our land a cry for vengeance and a move to fill up death rows and 
kill offenders but disguised as a call for justice," the prayer continued. "Let 
true and lasting justice spring forth."

The prayer petitioned that Jesus, who suffered execution at the hands of the 
powerful, help Christians "reach out to victims of violence so that our 
enduring love may help heal their wounds."

A separate proposal in the Philippines would lower the age of criminal 
liability to 9 years old from 12. The bishops have warned this could escalate 
violence related to anti-drug campaigns.

(source: Catholic News Agency)

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

Death penalty debate set early 2017


House Deputy Speaker Capiz Rep. Fredenil Castro yesterday said the discussions 
on the bill to reinstate death penalty, a priority legislative measure of 
President Duterte, will be moved to early next year, so that congressmen would 
have a thorough plenary debate.

In a radio interview, Castro said he was responsible for moving back the bill's 
discussion on the floor because he wanted to prepare to defend it at the 
plenary.

Castro is one of the principal authors of House Bill No. 1, which seeks to 
reimpose capital punishment for heinous crimes after it was abolished by then 
President and now Pampanga Rep. Gloria Macapagal-Arroyo.

"We have to let people know, make them understand and study this measure 
because at first glance, you could say you don't want this bill because life 
should be respected. This is a reason that is based on one's belief in God and 
what they call human rights," Castro said in Filipino.

"It's funny because our people might again be misled. This is why I myself said 
I want to prepare for the debate because I will be the one to stand at the 
plenary. I will be the one to fight for this bill ... there would be very good 
interpellators who are now saying they have not made up their mind whether or 
not they would support this bill," Castro said.

He said the measure could be passed in the Lower House if there would be daily 
plenary debates on it.

Castro also said he informed House Speaker Pantaleon Alvarez and Majority Floor 
Leader Rodolfo Farinas, his coauthors, that the proposal should not single out 
drug dealing and drug use.

Castro said if he had his way, he would add more crimes that are as heinous as 
the use and sale of illegal drugs to be punishable by death - crimes such as 
illegal recruitment, plunder, economic sabotage and human trafficking, 
including the ones conducted via cyberspace.

There are 21 heinous crimes proposed to be punishable by death in the bill 
approved by the House justice committee - a number which Castro still considers 
"too small."

Among the "heinous crimes" included in House Bill No. 1 are treason, qualified 
piracy, qualified bribery, parricide, murder, infanticide, rape, kidnapping and 
serious illegal detention, robbery with violence, destructive arson, plunder.

It also includes dangerous drug importation, sale and trading, manufacture, 
possession, cultivation and unlawful prescription, misappropriating confiscated 
illegal drugs and planting of evidence by public officers, and car theft.

(source: newsinfo.inquirer.net)





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

Ifugao solon joins anti death penalty law advocates


Representative Teddy Brawner Baguilat has urged the public to add their voice 
to the growing chorus calling for a stop to hasty moves in Congress to reimpose 
the death penalty.

The Commission on Human Rights as well as the Catholic Bishops' Conference of 
the Philippines have already taken a firm stance against the death penalty with 
the CBCP saying that the abolition of the death penalty by the 1986 
Constitution was "a very big step towards a practical recognition of the 
dignity of every human being created to the image and likeness of God, and the 
value of human life from its conception to its natural end."

Baguilat added reimposing the death penalty would mean a backward step without 
moral necessity.

"Indeed the Constitution says that there must be a compelling reason to 
reimpose the death penalty and there is none today," said Baguilat, a member of 
the legitimate opposition bloc in Congress known as the "Magnificent 7".

The Ifugao solon reiterated his stand as the House majority led by House 
Speaker Pantaleon Alvarez remained resolute in its stance to immediately pass a 
law that will bring back the death penalty, ostensibly as part of the campaign 
against illegal drugs and criminality. Baguilat had said the plan to railroad 
the passage of the death penalty was a grave cause for concern considering that 
it had already been established that having a death penalty would not deter the 
proliferation of crime. "It is not a deterrent. There is no reliable and 
credible data to show that it is," said Baguilat. "That is why I am again 
appealing to my colleagues in Congress to not rush into passing such a bill and 
instead allow extensive and intelligent discussion."

The Cordilleran lawmaker also said the better move is to strengthen the justice 
system to make sure that justice is served quickly and that the real criminals 
will go to jail.

"As it is, everybody is saying that the justice system is flawed. That means 
what we need is more reform to avoid wrongful convictions. Without reforms, 
what will happen is that the poor will again bear the consequence of the 
weakness and inconsistency in the application of the criminal justice system. 
We need to strengthen that first to make a more lasting impact on criminality. 
I have never believed in legislating this ultimate retribution," Baguilat said.

Capital punishment was last suspended in 2006 by President Gloria 
Macapagal-Arroyo. At that time, Congress was overwhelmingly supportive of the 
tenet that life has value. President Duterte, however, has consistently said 
that he wanted it back as part of the package of measures to supposedly stop 
the proliferation of drugs and criminality.

"I have always said that I am supportive of the President's campaign against 
drugs and criminality. But there is the right way to do it and reimposing the 
death penalty, which will violate our international commitments, is not the 
right way," said Baguilat.

(source: sunstar.com.ph)






SUDAN:

2 Christian Pastors Facing Death Penalty in Sudan for Their Faith: Global 
Petition Launched


Time is running out for two Christian pastors facing a possible death penalty 
in Sudan, the American Center for Law and Justice is warning as it launches a 
global petition asking the world to help save the 2 men.

The Rev. Hassan Abduraheem and Rev. Kuwa Shamal have been arrested, 
transferred, and re-arrested on multiple occasions this past year in the 
Islamic-majority country of Sudan, with government officials accusing them of 
national security crimes.

ACLJ Chief Counsel Jay Sekulow is arguing, however, that the imprisonment and 
the threat of a death penalty punishment are directly linked to the pastors' 
Christian faith, and has warned that if other believers don't speak up, the 
government of Sudan will send them to their deaths.

"They could be sentenced to hang for their faith if the world is silent," 
Sekulow wrote in an email, linking to the petition.

"Christian Pastors Hassan and Kuwa need your voice now. Time is of the essence, 
as the trial continues. Our silence could be their death," he added.

"Other Christians facing death in Sudan are now free because you spoke out. Be 
heard now for these persecuted Christians."

Sudanese authorities have arrested numerous Christian pastors in the past 
couple of years, with South Sudanese Presbyterian Pastors Yat Michael and Peter 
Yein Reith also facing a possible death penalty until they were freed from 
prison in August 2015.

The ACLJ's newest petition, which has already been signed by 56,000 people, 
warns that there is a "deadly crackdown" on Christians in Sudan.

The petition also notes that Abduraheem and Shamal have spent 12 months in very 
poor conditions, with their situation unlikely to improve unless others speak 
out.

Other persecution watchdog groups, such as Christian Solidarity Worldwide, have 
also been reporting on the case against the two pastors. Back in May, lawyers 
who are representing the two men noted that the clergymen are being held in 
small rooms "with intermittent electricity supply and limited ventilation."

Shamal and Abduraheem are reportedly both from the Nuba Mountains in South 
Kordofan, an area which the central government has targeted since 2011 in an 
aerial bombardment campaign against the Sudan People's Liberation Movement, 
leading to many civilian deaths.

CSW's Chief Executive Mervyn Thomas said back then that the treatment of the 
two pastors is "indicative of a government campaign to harass and restrict the 
rights of the Christian community."

"We urge the authorities to end the judicial harassment of the Christian 
community and to uphold the right to freedom of religion or belief for every 
citizen. We also call on the Sudanese authorities to rectify any derogation 
from constitutional and international fair trial principles and ensure that the 
men are detained in a safe and habitable environment," Thomas added.

(source: christianpost.com)



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