[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Sun May 29 08:16:37 CDT 2016






May 29



SYRIA:

Inmates in Syria's Hama prison capture regime officials----Prison chief among 
11 snatched by prisoners in Hama's central prison, after inmates handed death 
penalty.


Prisoners inside Syria's Hama central prison have captured several government 
officers, including a high ranked police officer, a source inside the jail told 
Al Jazeera on Saturday.

The head of the prison, a police officer and nine other government forces were 
captured by the prisoners, the UK-based Syrian Observatory for Human Rights 
said, confirming the incident.

After judge Rida Musa told inmates that 11 of them will be transferred to the 
capital, Damascus, for the death penalty, fellow prisoners revolted.

Musa arrived in the prison to discuss about the shortage of food, water and 
other basic amenities.

Inmates have previously demanded restoration of electricity and water amid food 
shortages and serious medical conditions, the Observatory said.

Hundreds of detainees revolted earlier in Mayafter five inmates were to be 
taken to the notorious Sednaya prison near Damascus so that death sentences 
passed by an extra-judicial military tribunal could be carried out.

Rights group says Syria uses torture

Government forces surrounded the prison and fired tear gas during that revolt 
in an effort to quell the unrest, according to the Observatory.

International and Syrian human rights organisations have decried conditions 
inside Syrian prisons before and during the war.

Between March 2011 and the end of 2015, the Syrian Network for Human Rights 
documented the arrest and detention of more than 117,000 people.

More than 60,000 people have been killed through torture or died in dire 
humanitarian conditions inside regime prisons throughout the country's 5-year 
uprising, according to a report by the Observatory.

In a December 2015 report, Human Rights Watch (HRW) said its researchers had 
found "evidence of widespread torture, starvation, beatings, and disease" in 
government jails and detention centres.

(source: Al Jazeera)






INDIA:

Robbery case: Dec 16 gangrape convicts move HC against sentence


3 of the 4 death row convicts in the December 16 gangrape and murder case have 
moved the Delhi High Court challenging the 10-year jail term awarded to them by 
a trial court in a robbery case.

Akshay Kumar Singh, Pawan Gupta and Vinay Sharma, who were convicted for 
dacoity and dishonestly receiving stolen property, have alleged that the trial 
court's order was "bad in law" and "against the principle of natural justice". 
Besides the trio, the trial court on September 2 last year had also awarded 10 
year imprisonment to convict Mukesh, saying they "do not deserve any leniency".

It had also imposed a fine of Rs 1.01 lakh each on the four convicts, who are 
currently lodged in Tihar jail. The convicts in their appeal, filed through 
advocate A P Singh, have sought setting aside of the trial court's decision 
saying the judgement did not pay "heed towards facts produced by the accused 
persons during the trial of the case". The plea stated that the prosecution has 
failed to prove its case and had not placed any material evidence, which could 
point to their guilt.

"Trial court had passed order (conviction and sentence) without applying its 
judicial mind and without taking into consideration the facts and documents 
placed by the convicts on record and had wrongly relied upon the version of the 
complainant," the convicts have said in their appeal.

They have sought bail during pendency of their appeals. 6 persons, including a 
juvenile, had beaten up and had robbed carpenter Ram Adhar before raping and 
brutally assaulting a 23-year-old girl in a moving bus in south Delhi on the 
night of December 16, 2012. Thirteen days after the assault, she was 
transferred to a hospital in Singapore for emergency treatment, but succumbed 
to her injuries.

As per the charge sheet in the robbery case, the police had alleged that bus 
driver Ram Singh, his brother Mukesh, Vinay, Pawan and Akshay, along with the 
juvenile, had snatched the 35-year-old carpenter's mobile phone and Rs 1,500 
after luring him into the bus.

Mukesh, Vinay, Pawan and Akshay were awarded death penalty on September 10, 
2013 by a trial court here in the gangrape and murder case which was later 
confirmed by Delhi High Court on March 13, 2014. Their appeals are pending 
before the Supreme Court. Out of the 6, accused Ram Singh had allegedly 
committed suicide in Tihar Jail on March 11, 2013 and proceedings against him 
were abated.

On August 31, 2013 the Juvenile Justice (JJ) Board sentenced the minor accused 
to a three-year stay in a special home for gangrape and murder of the girl. The 
juvenile, now 20-year-old, was recently released from the reformation home.

(source: Deccan Chronicle)






JAMAICA:

Sovereignty, death penalty and justice


Much debate has arisen, sparked by the suggestion of the minister of national 
security to revisit the enforcement of the death penalty as part of the 
strategy to combat the ever-worsening murder rate. The minister's intentions 
are right and wise, but the implementation in a confused world with weak and 
inept leadership creates much complication. There is also a great deal of 
ignorance on the spiritual and moral meaning and value of the death penalty. I 
share the perspective of God's Word and some observations.

For those who argue for the death penalty, it is clear in God's Word that it is 
not primarily about deterrence! For those who argue against the death penalty, 
the Bible is not concerned in this instance about the prospect of 
rehabilitation or reform of the offender.

In the Bible, the death penalty is recommended in recognition of the high value 
of life and the principle of justice to honour the sanctity of life. Life's 
value and justice are the central issues that must be made clear to all.

Human life is a reflection of divine life. Respect and honour for life is 
respect and honour to God. To seek to destroy life is to desire to challenge 
God. Hence God says, "If anyone takes a human life, that person's life will 
also be taken by human hands. For God made human beings in his own image" 
(Genesis 9:6). This principle should be taught and reinforced to all mankind. 
The act of the death penalty is part of the reinforcement process.

Justice must be done and just requirements met. Nothing can compensate for life 
but life. For example, 10 years or 15 years or more imprisonment cannot equate 
to the brutal, vicious murder of a person. When this is done, it suggests that 
a life filled with purpose and potential is of no more value than a prison 
term. This is the wrong message being sent to a society.

The just requirement and penalty for man's sin was death. Hence Jesus had to 
die bearing the just penalty to honour the principle of justice. You cannot 
have love without justice. Justice must deal with the rights of all, not one 
side. One-sided action is not justice. The aspect of being a deterrent and the 
reform of the offender are secondary; the value of life is foremost.

However, when its application is sure and swift, there is no question that it 
will be a deterrent. Historical data are there to prove that. Any person to 
whom it would not be a deterrent does not deserve to live because they would 
have indicated that they have no regard for life.

The argument that the death penalty is not a deterrent is a ridiculous notion 
that defies all logic, objective reason, common sense and reality. There is a 
direct correlation between the cessation of the death penalty and the reduction 
in moral value teaching for the reverence of life, over the last 30 years, and 
the consistent rise in murder.

The Pratt and Morgan case ruling in 1993 and the attitude of resistance by 
successive governments since the late 1970s and '80s to push the execution of 
capital punishment has long since sent a clear message. This message has been 
unmistakably heard, understood and often declared by elements prone to violence 
and murder that 'there is nothing to fear in killing, as the worst that could 
happen is life imprisonment with the option of parole'. This is worsened by the 
fact that the likelihood of being caught is remote and, therefore, making a 
'duppy' a nuh nutten, as there are few consequences to action.

ILL-CONCEIVED CONCEPT

All of this is the result of an ill-conceived concept of life, being promoted 
by many human-rights groups. These adverse notions influence court rulings in 
countries with failed moral and social systems and structures. These countries, 
with their proven failed moral and social systems, are foisting their failure 
on developing nations such as ours. Sadly, many of our leaders lack the 
conviction of principles and courage to stand up and say no to what is 
injurious to best national development.

We cannot continue to spinelessly sign on to any and every international 
convention or treaty simply for economic gain or for fear of economic loss. A 
society is more than mere economics. There are principles and values that must 
be non-negotiable. A society built on strong values and principles will survive 
the odds in the long term and gain economic prosperity. Where is our 
sovereignty as a nation in these international forums? We do not have to agree 
with everyone for fear of standing alone on principles.

What I have been hearing from Director of Public Prosecutions Paula Llewellyn 
and many other legal minds who have weighed in on the death penalty debate is 
that we have surrendered our sovereignty and the will of the people to the 
Privy Council and other nations.

UNABLE TO STAND FOR VALUES

The Privy Council is to be the facilitator of a process, not lords over our 
national destiny. Is this what our political leaders have done to us? We no 
longer have a say in determining our national destiny? Are we back to bowing to 
'Bucky Maasa'? What was the struggle of our founding fathers for Independence 
for?

We seem unable to stand for principles and values, even while selling off our 
land and best assets to foreign interests. Our children will soon own nothing 
and become bystanders in their own land. None of the exponents of these 
concepts or signatories to these conventions ask about the will of the people.

We must remind our Government and politicians that they represent the people, 
not themselves. They ought not to sign any agreement we did not authorise. As a 
sovereign nation, the Privy Council, pressure groups or foreign nations ought 
not to dictate policy and beliefs that we consider not in our best national 
interest. We need leaders with conviction, boldness, courage; and a commitment 
to values, justice and truth to defend our sovereignty and best national 
development priorities.

(source: Opinion; The Rev Al Miller is pastor of Fellowship Tabernacle----The 
Jamaica Gleaner)






VIETNAM:

13 to stand trial for smuggling 280kg heroin


13 people will be tried for smuggling 280 kg of heroin in northern Vietnam 
between 2013 and 2014, the highest prosecution authority of Vietnam said on 
Friday.

The Supreme People's Procuracy said it has indicted Chu Van Vien, 33, and 12 
other people on charges of operating a large ring that traded and trafficked 
drugs between Son La Province, which borders Laos, and Lang Son Province on the 
border with China.

The ring members, aged between 25 and 40, had trafficked 280 kg of heroin on 22 
occasions between 2013 and December 2014, when they were arrested, earning more 
than VND10 billion (US$450,000), according to the indictment.

Vietnam has some of the world's toughest drug laws. The production or sale of 
100 grams of heroin or 300 grams of other illegal narcotics is punishable by 
death. Those convicted of possessing or smuggling more than 600 grams of heroin 
or more than 2.5 kilograms of methamphetamine also face the death penalty.

(source: Thanh Nien News)






PHILIPPINES:

Death penalty


(This is a manifesto of Flag Region 7 on President-elect Rodrigo Duterte's plan 
to re-impose the death penalty and Mayor-elect Tomas Osmena's 
kill-a-criminal-for-a-reward method to end criminality.)

The Free Legal Assistance Group (Flag) Region 7 strongly opposes and condemns 
President-elect Rodrigo Duterte's plan to re-impose the death penalty and Cebu 
City Mayor-elect Tomas Osme???a's "kill-a-criminal-for-a-reward method" to end 
criminality in our society.

Studies conducted by the United Nations showed that these executions have no 
deterrent effect than life imprisonment. Capital punishment, whether by hanging 
as proposed by Duterte or by any other means, is simply legalized murder. It 
runs counter to our international commitment as a signatory to the 2nd Protocol 
for the Observance of Civil and Political Rights.

With our inept and sometimes corrupt police investigative work and our 
imperfect justice system, capital punishment will only work against the poor 
and in favor of the rich who can afford to bribe witnesses and hire the most 
expensive lawyers who have connections with the judiciary.

Death penalty is barbaric, unchristian, and uncivilized. It will not solve 
criminality which is merely a symptom of a decaying society. It will only 
promote a culture of death.

Similarly, Mayor-elect Osmena's "kill-a-criminal-for-a reward method" to end 
criminality is clearly a poor version of Duterte's shoot-to-kill orders against 
criminals and an implementation of the latter's electoral platform to adopt 
summary executions.

Mayor Osmena's method of solving crimes in Cebu City is plain vigilantism and 
will only promote more violence in our society. Giving policemen, barangay 
officials and plain citizens bounty to "neutralize" a "criminal" is practically 
granting these people the license to act as judge, jury and executioner at the 
same time.

Shooting down an unarmed snatcher inside a jeepney or a robbery suspect in the 
streets may have a dramatic appeal on the citizens grown weary by years of 
unsolved crimes. But lawlessness cannot be solved by lawless methods and a 
supposed civilized society must observe the rule of law instead of the rule of 
the gun.

Flag Region 7, therefore, strongly urges President-elect Duterte to reconsider 
his plan of re-imposing the death penalty for being barbaric, unchristian, and 
contrary to the provisions of the 2nd Protocol for the Observance of Civil and 
Political rights of which the Philippines is a signatory.

Flag also calls on Mayor-elect Tomas Osme???a to immediately stop his 
"kill-a-criminal-for-a-reward method" because instead of curbing criminality, 
it will only promote more crimes since trigger happy policemen and some 
barangay officials with an eye on the monetary reward will have to kill more 
people through illegal and unconstitutional means.

(source: Opinion, Sun Star)

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

CHR braces for rights cases under Duterte


The Commission on Human Rights is ready to address human rights issues that may 
emerge during the administration of incoming President Rodrigo Duterte, its 
chair, Chito Gascon, said here on Tuesday.

"In every administration, the CHR has been very busy because of the many (human 
rights) issues (reported to the office)," said Gascon.

Even before Duterte assumes office on July 1, there are already anticrime 
"initiatives happening on the ground," which, Gascon said, the CHR would look 
into for possible violation of human rights.

Gascon cited the "walk of shame" for drug suspects in Tanauan town in Batangas 
province and the offer of Cebu City Mayor Tomas Osmena to reward policemen for 
every criminal they kill in the line of duty.

Gascon said the CHR would also look into the advocacy of Duterte for the 
restoration of the death penalty and changing the method of executing death 
convicts from lethal injection to hanging.

The CHR expressed opposition to the proposals. "The CHR has already stated its 
position why (death penalty) has an impact on human rights," said Gascon.

He said when Congress opens the debate on the restoration of the death penalty, 
the CHR would be there to explain why it violates the prohibition on cruel and 
degrading human treatment and punishment.

"We will also explain why the death penalty that is implemented in different 
countries is biased against the poor and why it is not a deterrent to violent 
crimes because in many countries, where there is death penalty, violent crimes 
continue," he said.

"So, we are hoping that Congress will consider all these issues when it decides 
on whether or not it will reinstate the death penalty," he said.

(source: Philippine Inquirer)




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