[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

July 13



MALAYSIA:

Stop shifting the goal post on abolishing the death penalty


A parliamentary reply dated May 20 to my question on the breakdown of 
nationalities on the death row in Malaysia and if the government is ready to 
abolish the mandatory death penalty, stated that 1,042 people were facing the 
death penalty as at April 30, 2015.

Of them, 629 are Malaysians and 413 are foreigners, with 649 executions pending 
court appeals and 393 seeking pardon from the state Pardon Boards.

While I welcome Minister Nancy Shukri's recent statement justifying the delay 
in tabling the amendments on the mandatory death penalty, the burden lies on 
her as the minister in charge of law to table the proposals to the cabinet, and 
together with attorney-general (AG) Apandi Ali, she should once and for all 
advocate and push for human rights reforms such as this to gain confidence 
among Malaysians, members of Asean and of the global community, carving a new 
identity for Malaysia as an abolitionist country.

In a written reply to Puchong MP Gobind Singh Deo in March 2014 on whether the 
government would impose a moratorium on executions and that the government is 
prepared to study the effectiveness of it, the government had clearly stated 
that it had no intention for a moratorium on executions, particularly for those 
who have exhausted all avenues in seeking pardon from individual state Pardon 
Boards.

The reply also shockingly stated that the issue of the government abolishing 
the death penalty is non-existent as the Pardon Board headed by the Yang 
di-Pertuan Agong has full authority to abolish the death penalty for offences 
committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

For offences committed in other states, the jurisdiction lies within the powers 
vested in the Sultan or Yang di-Pertua Negeri, after the Federal Court has 
upheld the decision to execute, while Article 42(1) of the Federal Constitution 
grants the Yang di-Pertuan Agong the power to grant pardons, reprieves and 
respites in respect of all offences.

The impression given to Parliament

And all this while, the Parliament has been given the impression that the 
'power' to bring about these changes lies within the cabinet and the AG.

This is the 1st case of shifting the goal post.

Secondly, the government has clearly stated, time and time again, that public 
opinion is in favour of retaining the death penalty.

If yes, then it is laughable and ironic that the government decides as and when 
it wants to listen to public opinion, for an online poll conducted by Gerakan 
in February 2016 shows that more than half of the 1,523 anonymous respondents 
wanted an end to the death penalty.

While the majority of the Malaysian public vehemently oppose the implementation 
of the goods and services tax (GST), the government decides to turn a deaf ear 
to public opinion with stringy replies justifying the need to have it.

According to Professor Mai Sato of the University of Reading, when carrying out 
surveys on death penalties, a 'yes' or 'no' answer hardly addresses the weight 
of the matter, which is for a state to take one's life away. Tailor-made public 
surveys with options given to the respondent have proven to be best strategies 
when gathering data on public opinion regarding the death penalty.

Government cagey on the questionnaires

However, our government appears cagey on tailor-made death penalty 
questionnaires to gauge public opinion. Such a dense double standard speaks 
volumes about the severe lack of political will to bring amendments to the 
mandatory death penalty in the country.

The 3rd shift of goal posts is not granting discretionary powers to the judges 
to hand down different forms of punishment, apart from the death penalty. This 
shows the dark hands of executive interference in the criminal justice system 
and judicial independence.

On June 19, 2016, Nancy Shukri stated in The Star that she really wants to see 
the amendment to the mandatory death penalty be passed and implemented prior to 
the 14th general election.

As elected officials with legislative power, Members of Parliament have a duty 
to protect the rule of law and human rights. As MPs from both sides of the 
divide, we must use our positions to push for the abolition of the death 
penalty with our government, as well as with regional and international 
organisations.

As a minister in the Prime Minister's Department in charge of law, it is 
Nancy's moral responsibility to put political differences aside and, together 
with MPs from the opposition and members of the civil society such as Amnesty 
International, Anti-Death Penalty Asia Network, National Human Rights Society 
(Hakam) and also members from the Bar Council to advocate for this tectonic 
change in our national policy to display valiant commitment in upholding and 
protecting human rights, especially on the right to life.

The cabinet should not keep shifting the goal post on committing to abolish the 
mandatory death penalty and table the amendments to abolish this law at the 
coming October sitting of the Dewan Rakyat.

(source: KASTHURI PATTO is the MP for Batu Kawan and a member of 
Parliamentarians for Global Action on the Abolition of the Death 
Penalty----malaysiakini.com)






PAKISTAN:

Terror convict moves LHC to get trial record


The Lahore High Court (LHC), Rawalpindi bench, yesterday sought reply from 
secretary defence on a writ petition filed by a former navy officer who has 
been awarded capital punishment by a field general court martial (FGCM) in case 
of attacking Naval Dockyard in Karachi on September 6, 2014.

The court gave seven days to the secretary defence for submitting his reply on 
the petition filed by ex-Lt Hammad Ahmed Khan.

The petitioner seeks necessary trial and investigation documents to prepare his 
appeal against the death penalty.

Hammad along with 5 other serving naval officials was given death sentence by 
the FGCM in May 2016 for their involvement in a terrorist attack on the 
dockyard.

The petitioner had prayed to the court to ask the military authorities to 
provide him relevant documents enabling him to prepare the appeal against his 
conviction.

He had further prayed to the LHC for stopping the naval authorities from taking 
any adverse decision against him till final disposal of his petition before the 
high court.

(source: The Nation)






KENYA:

Homa Bay residents ask State to classify corruption as capital offence


Homa Bay residents have asked that corruption and sexual assault be classified 
as capital offences.

A capital offence is a crime considered so serious that it attracts a death 
penalty or life imprisonment.

In a public debate on capital offences and capital punishment organised by 
Power of Mercy Advisory Committee (POMAC), residents said corruption had led to 
underdevelopment. Homa Bay Bunge La Wenye Nchi Speaker Walter Opiyo said 
failure to take serious punitive action against leaders implicated in 
corruption had hampered the fight against the vice.

"We cannot realise any economic prosperity as a country or county if our 
governments don't eradicate corruption. And for us to eradicate it, people who 
are proven guilty before a court of law should be sentenced to death," Mr Opiyo 
said.

extreme poverty

He warned that corruption would plunge this country into extreme poverty if the 
Government would not act.

"This country has enough resources to transform the lives of Kenyans. But this 
cannot be achieved because a lot of funds allocated both in the national and 
county governments end up in the pockets of a few individuals," he added.

The residents also proposed that those who are convicted of sexual offences be 
sentenced to death. They argued that sexual offences such as rape and 
defilement had been on the rise in the area since some perpetrators were fond 
of repeating the offences after serving their sentences.

John Onyango, a resident, argued that sexual offences had greatly contributed 
to the spread of HIV.

"Some people are HIV positive because they were raped or defiled. The 
perpetrators should be sentenced to death to help eliminate the vice," said Mr 
Onyango.

POMAC Chief Executive Officer Michael Kagika and Vice Chairperson Regina 
Bosaibi said a majority of residents want those who are sentenced to death 
hanged.

"They argued that failure to hang these people makes them continue enjoying 
life in prisons so their death sentences are not felt," said Mr Kagika. He said 
there are more than 2,800 people who have been sentenced to death in various 
prisons across the country.

The organisation is set to present the recommendations to various state organs 
concerned with their implementation.

(source: standardmedia.co.ke)






VIETNAM:

Death penalty of Australian is 'appalling'


The New York-based Human Rights Watch (HRW) said it was appalled by the death 
penalty verdict by a Vietnam criminal court against an Australian grandmother 
for drug trafficking.

In comments to AAP, HRW was calling for Australia to press Vietnam 'hard' to 
ensure the death sentence is never carried out.

Phil Robertson, deputy Asia director for Human Rights Watch, was highly 
critical of Vietnam's policy to apply the death penalty for drug trafficking.

'It's appalling that an Australian grandmother, Nguyen Thi Huong, faces the 
death penalty for drug trafficking in Vietnam,' Robertson said in emailed 
comments.

He said Huong, 73, was 'facing Vietnam's expansive endorsement of capital 
punishment that is happily implemented by the country's lap-dog courts 
operating at the behest of the ruling party and government'.

Robertson said Australia needed to press 'hard in a very public way for Vietnam 
to guarantee that under no circumstances will she face execution,' once the 
appeal process is complete.

Huong was arrested at Tan Son Nhat in December 2014, with the heroin hidden in 
36 soap bars she claimed had been given to her by a Thai woman to take to 
Australia. But the court held her responsible.

Under Vietnam's tough drug laws those found guilty of possessing or smuggling 
more than 600 grams of heroin or more than 2.5 kilograms of methamphetamine 
type stimulants face the death penalty.

Vietnam-based sources told AAP they had doubts over Huong's innocence and 
suspected the grandmother had been acting as a 'mule' to traffic the drugs to 
Australia.

Australia's Department of Foreign Affairs and Trade (DFAT), in emailed comments 
to AAP, said officials were closely monitoring the case.

'We are concerned that an Australian citizen has been sentenced to death in 
Vietnam,' the spokesperson said.But DFAT said Huong still faced a lengthy 
appeal process before the case was complete.'

Universal opposition to capital punishment is a long-established policy of 
Australian governments,' they added.

Huong's case follows the court decision in May when 34-year-old Australian man, 
Nathan Andrew James, was sentenced in May to life in prison by a Ho Chi Minh 
City court for attempting to traffic 3.5kg of heroin to Australia in 2013.

James' sentencing followed the arrest of another unnamed 76-year-old Australian 
woman detained while attempting to smuggle 3 kilograms of heroin in a jar of 
fermented fish paste.

(source: skynews.com.au)





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

Lao siblings sentenced to death, life for smuggling heroin to Vietnam


A court in the central province of Nghe An on Tuesday handed down a death 
penalty and a life sentence to 2 Lao siblings for smuggling 3.7 kilograms of 
heroin from Laos to Vietnam, VnExpress reported.

Xong Ba Tu and Xong Rua Co, as the defendants are called in Vietnamese, were 
reportedly on their knees asking for leniency from the court.

Tu, 27, was sentenced to death while Co, 30, got the life sentence.

According to the indictment, the duo carried 10 brick-shaped packs containing 
3.7 kilograms of heroin and entered Vietnam via Thanh Thuy Border Gate on June 
27, 2014. The drugs would be delivered to dealers in Nghe An's Thanh Chuong 
District.

The following day, Tu planned to meet a buyer in a forest to deliver the drugs. 
Co stayed in a motel waiting for another man to come and pay for the drugs.

But when Tu was on the way to the forest, he was stopped by local border 
guards. He attempted to use a knife to attack the border guards, but was 
overpowered after a brief fight.

Co was also arrested at the motel.

The duo told the police that 2 Vietnamese men came to their house in Laos in 
early June 2014, asking them to bring 10 heroin bricks to Vietnam. The 
Vietnamese men promised to pay them US$52,000 in total.

The case was tried in April last year but Supreme People's Court in December 
ordered a fresh investigation to clarify some details. The retrial this week 
ended with the defendants being found guilty again and the same sentences.

Vietnam's Penal Code rules those convicted of smuggling more than 600 grams of 
heroin or more than 2.5 kilograms of methamphetamine face the death penalty, 
making the country one of the toughest in the world regarding drug laws.

The production or sale of 100 grams of heroin or 300 grams of other illegal 
narcotics is also punishable by death.

(source: Thanh Nien News)