[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

March 23



PAKISTAN:

Since lifting of moratorium: 353 convicts hanged since Dec 2014, SC told


The federal government on Tuesday informed the top court that 353 death-row 
prisoners have been hanged in the country after the lifting of moratorium on 
capital punishment in the wake of a massacre of schoolchildren by terrorists in 
December 2014.

Deputy Attorney General Sajid Ilyas Bhatti on Tuesday submitted a 1-page 
response before a 3-judge bench of the SC headed by Justice Ejaz Afzal Khan in 
response to its query regarding status of mercy petitions.

The reply said 444 mercy petitions had been rejected by the president from 
December 2014 to February 25, 2016. "38 petitions were still pending before the 
Interior Ministry while 33 were under process. The provinces have, however, not 
submitted any details of death row prisoners," it said.

The bench was hearing a petition filed by Barrister Zafarullah, who had 
requested the SC to convert sentence of death row prisoners into life 
imprisonment.

During the hearing, Barrister Zafarullah said no one could be given double 
sentences for 1 offence, adding that the SC's 5-judge larger bench had already 
declared that if a death row prisoner had spent a life sentence then he could 
not be executed.

However, the bench said the matter differed from case to case.

In response to the counsel's request to form a larger bench the court remarked 
that only the CJP could constitute a larger bench.

Last year, the SC - while dismissing a plea of the same petitioner against the 
abolition of the death penalty - observed that the right to life and liberty is 
not absolute in nature and that such a right is circumscribed and subject to 
law

Authoring the judgment, Justice Mian Saqib Nisar observed that "the court has 
made clear that the right to life and liberty is not absolute in nature and a 
person cannot be bereft of his life and liberty except in accordance with the 
law," adding that a person could be deprived of his life and liberty, if it was 
provided and prescribed by any law in view of the Constitution's Article 4 (2) 
(a).

The judgment said the petitioner had failed to show that on the basis of 2 
constitutional clauses, the top court, while exercising its jurisdiction in 
terms of Article 184 (3) of the Constitution, could direct the abolition of the 
death penalty in Pakistan and annul any law.

Regarding the petitioner's argument that Article 9 is not a properly worded 
article and parliament should make necessary amendment, the judgment said the 
top court while exercising the instant jurisdiction does not deem it 
appropriate to issue such direction.

(source: Express Tribune)






SINGAPORE:

D'Leedon murder: Belgian accused could escape death penalty


A Belgian man accused of murdering his 5-year-old son in Singapore could be 
spared from hanging if he pleads guilty to an amended charge, state prosecutors 
said Wednesday.

Philippe Graffart, 42, was charged with the murder of his son Keryan at an 
upmarket condominium in October 2015 but has been found to be suffering from 
severe depression.

Murder is punishable by death through hanging in Singapore, but Graffart would 
instead face a maximum term of 10 years and caning should he plead guilty to an 
amended charge of culpable homicide under the Singapore penal code.

"The accused suffered from major depressive order which substantially impaired 
his mental state at the time of the offence," the Attorney-General's Chambers 
told AFP in reply to a query.

"The charging and sentencing position will be made clear when the matter is 
heard in open court."

Execution by hanging dates back to British colonial rule in Singapore and is 
applied to convicted murderers and drug traffickers. There is no other form of 
execution in the city-state.

Graffart's lawyer Ramesh Tiwary said his client was "still very depressed about 
what happened".

The Belgian, a former finance executive who has been in remand since his arrest 
in October hours after the killing, did not appear in a district court on 
Wednesday during a pre-trial session because he was unwell, Tiwary said.

He said the next pre-trial conference on the case is scheduled for March 
29.According to Singapore media reports, Graffart's son was found strangled in 
his bedroom with hand-shaped bruises around his neck.

The father was believed to have been fighting for the boy's custody with his 
ex-wife at the time.

Graffart's account on business networking service LinkedIn before his arrest 
described him as an executive director and head of fund distribution in the 
Asia-Pacific region for Oslo-based Nordea Investment Management

(source: asiaone.com)






MALDIVES:

Maldives top court allows lawyer killer state attorney in final appeal


Supreme Court on Wednesday allowed a state appointed attorney for Ahmed Murrath 
who was sentenced to death over the murder of a prominent lawyer in 2012.

The Supreme Court began final proceedings over Murrath's death sentence on 
Wednesday where he requested the judge for the state's assistance to appoint a 
defence lawyer.

Murrath had not exercised the right to appeal the after the High Court had 
upheld the verdict, prompting the prosecution to forward the cases to the 
Supreme Court late last year for a final review.

Regulations on death penalty that came into effect in 2014 require the 
prosecution to exhaust the appeal process -- the High Court and Supreme Court 
-- even if the convict wishes to not file for appeal.

Murrath's lover, Fathimath Hana had also been convicted and sentenced to death 
over the murder in 2012. But the appeal of her sentence is yet to be concluded 
by the High Court.

(source: haveeru.com)




JAPAN:

Scholar's poll rebuts high public support for death penalty


A scholar based in Britain has raised doubts about the high level of public 
support for the death penalty touted by the Abe government as the main reason 
to continue capital punishment.

Mai Sato, a lecturer of criminology at the University of Reading, says her 
research shows that such high support levels are nothing more than a myth.

She published an article in the March edition of the monthly Sekai (World) 
magazine in which she compares government surveys with her own polls.

In January 2015, the Cabinet Office released the results of a public opinion 
survey that asked a 2-choice question. Only 9.7 % chose "the death penalty 
should be eliminated," compared with an overwhelming 80.3 % who picked "it 
cannot be helped but to keep the death penalty."

"This shows a positive response (to the death penalty system)," Yoko Kamikawa, 
then justice minister, said at a news conference.

Sato conducted her own poll in February and March 2015 to find out if the 
government survey was a good indicator of public opinion.

The conditions of her survey were similar to that of the government survey, but 
she included additional questions to gain a deeper understanding of the 
public's views.

She sent questionnaires to 3,000 individuals, identical to the Cabinet Office 
survey, and received responses from 1,551, or 52 % of the total.

Sato asked respondents about whether or not Japan should keep the death 
penalty, but she offered 5 answers, rather than 2.

According to the results of Sato's survey, 27 % picked "having (the death 
penalty) is absolutely better," 46 % chose "it is somewhat better to have it," 
20 % said "neither," 6 % picked "it is somewhat better to eliminate it" and 2 % 
said "it absolutely has to be eliminated."

"While there is a large number in favor of maintaining the system, only 27 % 
were strongly in favor of keeping it," Sato said. "It shows that public opinion 
does not necessarily strongly support the capital punishment system."

Her survey also looked into whether the public would accept a decision made 
unilaterally by the government to abolish the death penalty.

On this issue, 71 % of supporters of the death penalty said they thought there 
would be a spread of the thinking "if the government made such a decision, 
there would be nothing to do but accept it even though there may be 
dissatisfaction."

The survey also asked who should determine the future of the death penalty.

40 % each chose "it should be decided by public opinion" and "it should be 
decided by state authority, such as the government, or experts."

"This shows there is room in Japan for accepting the elimination of the death 
penalty,' Sato said. "The public also does not feel that public opinion should 
determine whether to keep or abolish the death penalty."

Mikio Kawai, a professor of sociology of law at Toin University of Yokohama, 
praised Sato's research for concentrating on the main points in the debate over 
capital punishment.

He pointed out that when discussions were being held in Europe over the death 
penalty, the common pattern was to have the government decide to eliminate it 
even though the majority of public opinion was in favor of keeping it.

"In the background to the support for the government decision of those times 
was the reality of 'while a majority may favor keeping it, the support is not 
strong,'" Kawai said.

(source: asahi.com)






POLAND:

Polish Muslim leader says death penalty should be reinstated for terrorists


Chief Mufti of Poland Tomasz Miskiewicz has said that EU countries should 
reintroduce the death penalty for terrorists, in the wake of Tuesday's fatal 
attacks in Brussels.

"The death penalty would not be comparable to executions carried out by the 
Islamic State as the sentences would be meted out to those responsible for the 
death of innocent people," Mufti Miskiewicz said in an interview with the TVN 
24 news channel.

"This punishment should not only be for the actual perpetrators, but also 
anyone who is against freedom, who propagates terrorism," he added.

Over 30 people were killed and about 230 injured as a result of explosions at 
Brussels Zaventem airport and on the city's metro on Tuesday.

3 Poles were among the injured. The Islamic State has claimed responsibility 
for the attacks.

Mufti Miskiewcz is a descendant of Poland's small Tatar community, which has 
been based in the country - principally in the east - for several centuries.

(source: The News)






INDIA:

Bihar considering death penalty to curb hooch production


As a ban on production and sale of spiked liquor comes into force on April 1 in 
Bihar, chief minister Nitish Kumar sought cooperation from the public to 
enforce it, and said his government was considering introducing the death 
penalty for those found guilty of manufacturing hooch.

Kumar especially appealed to women in implementing the phased ban, stating that 
it was not an easy decision to enforce.

"Once successful in enforcing ban, including plugging of home delivery, it will 
not only increase Bihar's credibility but also trigger similar demand for ban 
in other states," he said, adding the government had considered all aspects of 
the ban.

Other measures like introducing e-locks for containers transporting liquor 
through the state to check pilferage will also be put in place. However, the 
'home delivery' aspect of the problem can only be tackled with public support, 
Kumar said, saying the government would bring in tougher laws, launch awareness 
campaigns and bolster public participation.

"IMFL (Indian manufactured foreign liquor) sale is being taken over by Bihar 
State Beverages Corporation to ensure quick and effective imposition of 
complete ban in the next phase," he said.

"In order to make it a public campaign, students are getting signed pledges 
from parents. Women are already taking men to de-addiction centres in various 
districts for counselling and getting medicines prescribed, if need be, to deal 
with the habit."

Kumar was speaking at the inaugural ceremony of Bihar Diwas where he also 
called on the Bihari pride for a better future. Talking about the rich heritage 
of the state, he said Bihar's present day achievements were no less inspiring. 
"(The) whole of Bihar is a live archaeological site. If proper excavations are 
carried out it would add many new chapters to history of the country ... It's 
time to unearth Bihar's heritage and legacy," he said.

With plans to christen the upcoming International Convention Centre after King 
Ashoka, the chief minister said the government was planning for a developed 
Bihar through seven actionable key resolves.

(source: Hindustan Times)






PHILIPPINES:

De Lima says 'no' to death penalty


Former Justice secretary and now senatorial candidate Leila de Lima on Tuesday 
said she opposes the position of Sen. Grace Poe and Mayor Rodrigo Duterte who 
have publicly declared their support to bring back the death penalty as a means 
to resolve crime in the country.

"No empirical evidence anywhere has suggested that the death penalty deters 
crime. The death penalty should be abolished, not only because there is no 
correlation between this punishment and crime deterrence, but also its effects 
are basically irreversible," according to de Lima.

The State, she said, "has the obligation to guide any offender to a life of 
reform and become more productive members of society. Even law offenders have a 
potential to become reformed members of society. For heinous offenses such as 
drug and human trafficking, rape and other sociopathic offenses such as serial 
killings and mass murderers, life imprisonment without parole or executive 
clemency should be enough." she said.

De Lima cited a finding of the Commission on Human Rights (CHR) that most of 
those convicted belong to the lower classes: the poor and disadvantaged, 
financially unable to pay for their own counsel, relying only on the courts to 
provide them with a legal counsel.

She was CHR chairman until she was tapped to head the Department of Justice.

The CHR finding, de Lima said, is supported by a survey conducted by FLAG, a 
lawyers' group, when death penalty was still in law books, wherein 52.2 % of 
those in death row belonged to the lowest social class.

"Instead, we need to ensure that the justice system indeed works: By having a 
truly independent judiciary who can decide on cases with the highest integrity 
and will ensure a speedy trial, efficient prosecutors who can closely 
collaborate with investigating bodies and other law enforcement units for a 
strong case build-up and a law enforcement sector that will implement the law 
to the letter, while caring for victims, who were put in jeopardy because of 
circumstances," she added.

The former Justice secretary also batted for a modern and simplified criminal 
code that will allow better response to the times, resulting in a higher 
conviction rates.

(source: Manila Times)


NIGERIA:

Sentence politicians who kidnap govt money to death - Bruce Nkem Ikeke

Some states have been proposing the death penalty for kidnappers, one of such 
state is Osun.

The state House of Assembly recently indicated plans to review the state's 
criminal law to provide for death penalty for kidnapping in the state.

Reacting to this, Senator Ben Murray-Bruce, representing Bayelsa East at the 
National Assembly said the death sentence should first be applied on 
politicians who kidnap government money.

Cross Rivers state is another state advocating for death penalty for convicted 
kidnappers. The state governor, Ben Ayade, on Wednesday, July 1, sent an 
executive bill to the House of Assembly stipulating a death penalty for those 
convicted of kidnapping for consideration and passage.

In September 2015, the anti-kidnapping bill was signed into law.

Also, in July the Kogi state executive council proposed an executive bill 
seeking to enact a law criminalizing kidnapping and death sentence by hanging.

(source: naij.com)






BANGLADESH:

SC confirms JMB militant Asaduzzaman's death penalty for Udichi office bombings 
in 2005


The Supreme Court has upheld the death verdict awarded to a militant of banned 
Jama'atul Mujahideen Bangladesh (JMB) for the bombings at Udichi's office in 
Netrokona.

A 4-strong bench of the Appellate Division headed by Chief Justice SK Sinha 
rejected an appeal filed by Asaduzzaman Chowdhury alias Panir on Wednesday.

Dhaka's Speedy Trial Tribunal-2 sentenced 3 including Asaduzzaman to death for 
the bombings that killed 8 people in front of the cultural organisation's 
office on Dec 8, 2005.

(source: bdnews24.com)

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

War Crimes Verdict Based on Flawed Trial----Chief Justice Calls Prosecution 
"Incompetent" and Evidence "Insufficient"


Bangladeshi authorities should immediately set aside the death penalty against 
Mir Qasem Ali, a senior member of the executive committee of opposition party 
Jamaat-e-Islaami, and order a new trial that meets international fair trial 
standards, Human Rights Watch said today.

The Supreme Court upheld the conviction against Ali despite earlier statements 
in court by Chief Justice Surendra Kumar Sinha, criticizing the attorney 
general, prosecutors, and investigators for producing insufficient evidence in 
the trial court. According to credible, detailed notes from the hearing in the 
Supreme Court, he said to the prosecutors: "What prevented the investigation 
agency to produce sufficient witnesses to prove the charges? ... The 
prosecution and the Investigation Agency need to produce sufficient evidence to 
support a conviction ... We feel really ashamed when we read the prosecution 
evidence." The attorney general, Mahbubey Alam, in turn was quoted saying, "The 
Supreme Court observed that a huge amount of money is being spent on the 
prosecutors and investigators, but they did not handle and investigate the 
cases properly."

"Convictions can only be upheld when there is proof beyond a reasonable doubt, 
yet in this case there are grave doubts about the evidence after the court so 
strongly criticized the prosecution," said Brad Adams, Asia director at Human 
Rights Watch. "In death penalty cases the authorities must adhere to the 
highest standards."

Ali was convicted and sentenced to death in November 2014, by the International 
Crimes Tribunal (ICT) on 10 out of 14 counts of abduction, torture, and 
confinement as crimes against humanity. For these crimes, he was sentenced to 
72 years in prison. Ali was also convicted on 2 further counts of murder, in 1 
case of 2 adults and in the other of a child, Jashim Uddin. He was sentenced to 
death for the murders.

On March 8, 2016, the Appellate Division of the Bangladeshi Supreme Court set 
aside three of the abduction and torture convictions. It also acquitted Ali of 
the murder of the 2 adults. However, it upheld the conviction and death penalty 
sentence against Ali for the murder of Jashim Uddin during the war.

As in other cases before the ICT, the defense was arbitrarily limited in its 
ability to submit evidence, including witnesses and documents. Defense lawyers 
were allowed to produce only three witnesses to counter 14 separate charges. 
Lawyers were threatened orally with a 50 lakh taka (approximately US$64,000) 
fine when they asked the judges to review their order limiting witnesses. The 
court denied the defense the opportunity to challenge the credibility of 
prosecution witnesses by rejecting witnesses' earlier statements that were 
inconsistent with their trial testimony. The refusal to allow the accused to 
challenge the credibility of prosecution witnesses has been a hallmark of 
trials before the ICT.

During the appeal at the Supreme Court, the chief justice called the 
prosecution and its investigation agency "very incompetent." He accused the 
prosecution of dealing with proving the case against Ali "half-heartedly" and 
with "no responsibility." The chief justice said he was "shocked" and that the 
prosecution's case against Ali was full of contradictions. He expressed 
particular concern at the prosecution's failure to rebut the accused???s alibi 
defense, which put Ali in Dhaka on the day of the murder in Chittagong: 
"Defence could produce a series of documentary evidences in support of their 
alibi. But the prosecution and the investigation agency were very incompetent."

The chief justice further went on to accuse the prosecution of using the ICT 
trials purely for political benefit and political interests: "We are very 
disappointed to see that you are using these trials out of your political 
benefits. These trials are being used for political interests."

The chief justice's sentiments echo those made by the Supreme Court in its 
written verdict in another ICT case against Delwar Hossain Sayedee. The chief 
justice wrote that verdict when he was a justice on the Supreme Court before 
his promotion to chief justice. In that case, Sayedee's death penalty was 
commuted by the Supreme Court to a life sentence, though it stopped short of 
ordering a new trial.

The chief justice's statements in the Ali case caused a furore among those 
backing the ICT trials. A government minister, Qamrul Islam, called for the 
removal of the chief justice and for a rehearing to be held.

???Human Rights Watch has long supported justice and accountability for the 
horrific crimes committed during Bangladesh's 1971 war. But this must be done 
through trials which meet international standards, particularly since the death 
penalty is at stake," said Adams. "Bangladesh owes the victims of 1971 a fair 
and proper accountability process."

Trials before the ICT have been replete with violations of the right to a fair 
trial. The ICT has fundamental flaws because of article 47(A) of the 
constitution, which states, "This Article further denies any accused under the 
ICT Act from moving the Supreme Court for any remedies under the Constitution, 
including any challenges as to the unconstitutionality of Article 47(A)." The 
article specifically strips people accused of war crimes of certain fundamental 
rights, including the right to an expeditious trial by an independent and 
impartial tribunal, and the right to move the courts to enforce their 
fundamental rights. This article has permitted the ICT overly broad discretion 
to deny those accused in this and prior cases the rights and procedures 
accorded to other defendants.

Many of the trials before the ICT have been marred by evidence from intercepted 
communications between the prosecution and the judges that has revealed 
prohibited and biased communications. The ICT's response on several occasions 
to those who have raised objections about the trials has been to file contempt 
charges against them in an apparent attempt to silence criticism rather than to 
answer substantively or to rectify any errors.

The UN Human Rights Committee, which interprets the International Covenant on 
Civil and Political Rights, to which Bangladesh is a state party, has said 
that, "in cases of trials leading to the imposition of the death penalty, 
scrupulous respect of the guarantees of fair trial is particularly important" 
and that any death penalty imposed after an unfair trial would be a violation 
of the right to life and to a fair trial.

Human Rights Watch reiterated its longstanding call for Bangladesh to impose an 
immediate moratorium on the death penalty and join the growing number of states 
that have abolished the use of capital punishment.

"We welcome the fact that the chief justice identified problems with the 
evidence in the Ali case, but the court should follow through by ordering a 
retrial," Adams said. "Allowing the death sentence in a case with such 
fundamental doubts about the evidence is unthinkable."

(source: Human Rights Watch)