[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Nov. 11



CHINA:

Logistics exec handed death penalty sentence over Tianjin blast


The Tianjin Intermediate People's Court has sentenced 49 people involved in the 
massive blast at Tianjin Port on August 12 last year.

The blast led to the death of 173 people and resulted in the largest marine 
claim in history with damages estimated at more than $6bn.

Yu Xuewei, president of Tianjin Ruihai International Logistics Co, was 
sentenced to death with a two-year reprieve for storing hazardous chemicals at 
a warehouse in Tianjin port by illegal means, which the court said triggered 
the blast.

Another 5 senior officials at the company received life sentences while 25 
officials at Tianjin's transport authority, customs, safety supervision 
department have also been sent to jail for periods of up to 7 years for 
negligence of duty and taking bribes.

The Tianjin blast was so enormous it was visible from space.

(source: splash247.com)






INDIA:

Soumya Case: I Will Advise The Bench To Restore The Death Penalty On 
Govindachamy: Justice Katju


Former Supreme Court judge, Justice Markandey Katju will be appearing in the 
Supreme court at 2 pm today before the bench headed by Justice Ranjan Gogoi to 
participate in the proceedings of the Soumya case. The bench is hearing a 
review petition filed by Soumya's mother against the judgement of the apex 
court acquitting Govindaswamy of murder charges.

In an order on October 17, the apex court had requested Justice Katju to appear 
in person after Katju had said in a facebook post that the court had made a 
mistake in the Soumya case by acquitting Govindaswamy.

The order said "We issue notice to Justice Markandey Katju, former judge of 
this Court and request him to appear in Court in-person and participate in the 
proceedings on 11th November,2016 at 2.00 p.m. as to whether the judgment and 
order dated 15th September, 2016 passed by this Bench in Criminal Appeal 
No.1584-1585 of 2014 suffers from any fundamental flaw so as to require 
exercise of the review jurisdiction."

In yesterday's facebook post Justice Katju said "I have already expressed my 
view that the judgement of the Supreme Court dropping the murder charge against 
the accused Govindachamy, and setting aside his death penalty was a grave 
error.

Judges too are humans and sometimes commit mistakes. Lord Denning, the 
celebrated British judge once said - The judge has not been born who has never 
committed a mistake."

Katju then went on to illustrate this with an example from his own life as a 
judge. He said he made mistakes as a judge which he later realized.

"In the case of Gian Singh vs. State of Punjab, I was presiding over a bench 
including Justice Gyansudha Mishra. One of the counsels pursuaded me to accept 
his submission, but the counsel for the other side said that I had taken a 
contrary view in 2 earlier cases in the Supreme Court. On reading those 2 
decisions I realized I had made a mistake in those 2 decisions. Hence I 
referred the matter to a larger bench of the Supreme Court."

Justice Katju then goes on to state the entire order that he had dictated 
admitting his mistake and referring the matter to a larger bench. He says that 
"a judge should always be open to correct his mistakes."

In conclusion Justice Katju said "I will advise the bench to restore the death 
penalty on Govindachamy holding him guilty of murder."

(source: livelaw.in)






JAPAN----execution

Burglar in Kyushu slayings hanged


A man on death row was executed Friday, just a month after the Japan Federation 
of Bar Associations called for an end to capital punishment.

According to the Justice Ministry, Kenichi Tajiri, 45, who was convicted in 
2012 of 2 murder-robbery cases, was hanged in the morning at a prison in 
Fukuoka Prefecture.

In the 1st execution since 2 prisoners were sent to the gallows in March, 
Friday's hanging was the 2nd based on the verdict of a lay judge trial.

Tajiri was convicted of breaking into a residence in Kumamoto Prefecture in 
March 2004 with the intention to rob and kill a 49-year-old woman. He was also 
found guilty of burglarizing another resident, a 65-year-old woman, in February 
2011 and stabbing her to death, then seriously injuring a 72-year-old man who 
returned to the house later.

Tajiri's death sentence, upheld by the Fukuoka High Court, was finalized before 
it reached the Supreme Court because he reportedly withdrew his appeal.

"The death penalty is given to perpetrators of extremely heinous, grave crimes 
after the case is carefully considered in the courts," said Justice Minister 
Katsutoshi Kaneda, who signed the execution order.

It was the 1st execution since Kaneda, a Liberal Democratic Party lawmaker, 
took over as justice minister in August.

17 prisoners have been hanged since Prime Minister Shinzo Abe took office for 
the 2nd time in 2012.

The Japan Federation of Bar Associations on Oct. 7 issued a declaration seeking 
the abolition of capital punishment by 2020. It suggests that it be replaced 
with life imprisonment, a change that would bring Japan into line with most 
other developed nations.

Of the Group of 7 industrialized nations, only Japan and the United States 
retain the death penalty, though it is growing less popular in the U.S.

While acknowledging the bar association's statement, "I believe it is not 
reasonable to abolish capital punishment," given that many people in Japan 
believe that perpetrators of heinous crimes such as murder deserve to be 
hanged, Kaneda said.

After Friday's hanging was announced, Amnesty International Japan condemned the 
government, saying a legal system that allows lower courts to sentence someone 
to death without going through the Supreme Court is "disregarding the lives of 
its own people."

"This execution goes against the global trend toward abolishing capital 
punishment," the human rights group said. "The Japanese government's stance to 
faithlessly retain the death penalty despite much advice given by international 
organizations may indicate that Japan is challenging international society."

Meanwhile, a group of lawyers who support crime victims said Friday that not 
all attorneys oppose the death penalty.

"Capital punishment is given only when the court has judged the crime as 
extremely heinous after deliberating it from different angles," the group said. 
"It poses no legal problem to execute someone who committed such a heavy crime 
after going through a rigorous legal process. We hope the death penalty will 
continue to be carried out steadily."

After Friday's hanging, there are now 129 death row inmates in Japan, according 
to the Justice Ministry.

They include Iwao Hakamada, who was sentenced to death in 1968 and is still 
considered technically on death row even he was freed in 2014 after a court 
suggested that the evidence used in his trial could have been fabricated by 
investigators.

(source: Japan Times)

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

Man hanged as secretive executions continue


Secretive executions can't hide the fact that Japan is on the wrong side of 
history when it comes to the death penalty, Amnesty International said after a 
death row inmate was hanged on Friday.

Kenichi Tajiri, 45, was executed at Fukuoka Detention Centre in the early hours 
of Friday. He was sentenced to death in 2012 for 2 murders committed in 2004 
and 2011.

"The death penalty never delivers justice, it is a cruel and inhumane act. The 
Japanese government cannot hide the fact that it is on the wrong side of 
history, the majority of the world's states have turned away from the death 
penalty."

The execution is the 3rd to be carried out in Japan in 2016 and the 17th under 
Prime Minister Abe's government.

The hanging comes a month after the Japanese Federation of Bar Associations 
formally adopted a policy calling for an end to the death penalty. Among other 
things, the lawyers' group highlighted the risk of wrongful convictions and the 
lack of evidence that the death penalty reduces crime.

"Instead of signing further death warrants, Minister of Justice Katsutoshi 
Kaneda should listen to the many voices opposing the death penalty, such as the 
United Nations and these respected lawyers, and work to end its use in Japan," 
said Hiroka Shoji.

Secretive exeuctions

Executions in Japan are shrouded in secrecy with prisoners typically given only 
a few hours' notice, but some may be given no warning at all. Their families, 
lawyers and the public are usually notified about the execution only after it 
has taken place.

Secret executions are in contravention of international standards on the use of 
the death penalty. This and the lack of other adequate legal safeguards for 
those facing the death penalty in Japan has been widely criticized by UN 
experts.

This includes defendants being denied adequate legal counsel and a lack of a 
mandatory appeal process for capital cases. Several prisoners with mental and 
intellectual disabilities are also known to have been executed or remain on 
death row.

Amnesty International opposes the death penalty in all cases without exception, 
regardless of the nature or circumstances of the crime, the guilt, innocence or 
other characteristics of the offender or the method used by the state to carry 
out the execution. The death penalty violates the right to life and is the 
ultimate cruel, inhuman and degrading punishment.

(source: Amnesty International)





INDONESIA:

Indonesia President Jokowi May Rethink Death Penalty Policy ---- 18 Convicted 
Drug Traffickers Executed Since 2014


Indonesia's President Joko "Jokowi" Widodo has suggested that the Indonesian 
government may emulate European governments by moving toward abolishing the 
death penalty. Jokowi said last week that his government was "very open to 
options" on alternatives to the death penalty, without elaborating.

Jokowi's rethink of his staunch support for the death penalty opens the way to 
a U-turn on a crucial human rights matter.

Indonesia ended a 4-year unofficial moratorium on the death penalty in March 
2013, and Jokowi has made the execution of convicted drug traffickers a 
signature issue of his presidency. Jokowi has sought to justify the use of the 
death penalty on the basis that drug traffickers on death row had "destroyed 
the future of the nation." In December 2014, he told students that the death 
penalty for convicted drug traffickers was an "important shock therapy" for 
anyone who violates Indonesia's drug laws.

Since Jokowi took office in 2014, his government has executed a total of 18 
convicted drug traffickers in 2015 and 2016. The majority of those executed 
have been citizens of other countries, and Jokowi consistently rejected their 
government's calls for clemency, citing national sovereignty. This prompted 
withering criticism from the governments of Brazil, Australia - home to 2 of 
those executed in 2015 - and the Netherlands.

Some of the international criticism of Widodo's death penalty policy comes from 
perceptions of its hypocrisy. Jakarta devotes considerable resources to prevent 
the execution of Indonesian citizens overseas. Between 2013 and 2015, Indonesia 
has applied a combination of diplomatic pressure and cash payments to secure 
commutation of death sentences for 189 Indonesians facing execution overseas. 
The crimes for those granted clemency include drug trafficking.

Jo's rhetoric now needs to be backed by government action to restore 
Indonesia's unofficial moratorium on the death penalty and move toward eventual 
abolition. There is no place for such cruel and unusual punishment in a 
rights-respecting country.

(source: Human Rights Watch)






SINGAPORE----impending execution//foreign national

Nigerian To Be Executed In Singapore For Drug Trafficking ---- Mr. Obioha was 
sentenced to death on December 30, 2008 after being arrested on April 9, 2007 
for the possession of cannabis.

Nigerian national Chijioke Stephen Obioha is set to be executed in Singapore on 
November 18, Amnesty International reported on Thursday.

Mr. Obioha was sentenced to death on December 30, 2008 after being arrested on 
April 9, 2007 for the possession of cannabis. He was found with over 2.6 
kilograms of cannabis, an offense which, under Singapore law, mandates the 
death penalty.

Mr. Obioha appealed his sentence in August 2010, maintaining his innocence, but 
the court refused to commute his death penalty down to a prison sentence. 
According to Amnesty International, in Singapore, the burden of proof lies on 
the defendant rather than the prosecutor. The human rights organization 
explained that this is a violation of the right to a fair trial.

He has since filed an appeal to clemency. Amnesty International is urging human 
rights activists to petition the Singapore government to grant Mr. Obioha 
clemency.

Read the full press release below:

URGENT ACTION

NIGERIAN TO BE EXECUTED for drug trafficking

The execution of Nigerian national Chijioke Stephen Obioha has been set for 18 
November. He was convicted of drug trafficking in Singapore and was given the 
mandatory death sentence. A new clemency application is pending before the 
President.

The family of Chijioke Stephen Obioha, a Nigerian national convicted of and 
given the mandatory death sentence for possession of drugs for the purpose of 
trafficking on 30 December 2008, have been informed that 18 November is 
Chijoke's new execution date. On 9 April 2007 Chijoke was found in possession 
of more than 2.6 kilograms of cannabis, surpassing the statutory amount of 500 
grams that under Singapore law triggers the automatic presumption of 
trafficking. Also in his possession were keys to a room containing additional 
prohibited substances, leading the authorities to presume him guilty of 
possession and knowledge of the drugs.

Chijioke Stephen Obioha's appeal against his conviction and sentence was 
rejected in August 2010. Maintaining his innocence of the crime, Chijoke 
initially refused to make use of his right to resentencing which amendments to 
Singapore mandatory's death penalty laws made in 2013 allowed for. In 
Singapore, when there is a presumption of drug possession and trafficking, the 
burden of proof shifts to the defendant. This is a violation of fair trial 
rights, specifically the presumption of innocence.

After the rejection of his clemency appeal in April 2015, his execution was set 
for 15 May 2015. It was stayed a day earlier to allow him to apply for 
resentencing. His family were only informed on 25 October 2016 that he had 
resolved to withdraw his application for resentencing earlier in the year, 
following legal advice that he would not qualify as "courier" under the amended 
laws.

Consequently, the Court of Appeal lifted the stay of execution with effect from 
24 October, resulting in the execution date to be set for 18 November. Chijioke 
Stephen Obioha appealed once again for clemency for the President, who has the 
power to commute his death sentence.

Please write immediately in English or your own language:

-- Urging the President to immediately halt Chijioke Stephen Obioha's 
execution and grant him clemency;

-- Calling on the authorities to immediately re-impose an official moratorium 
on all executions with a view to abolishing the death penalty, and commute all 
existing death sentences;

-- Reminding the authorities that drug-related offences do not meet the 
threshold of the "most serious crimes" to which the use of the death penalty 
must be restricted under international law, and that the imposition of the 
death penalty as a mandatory punishment is also prohibited.

PLEASE SEND APPEALS BEFORE 22 DECEMBER 2016 TO:

President of Singapore

His Excellency Tony Tan Keng Yam

Office of the President of the Republic of Singapore

Orchard Road, Singapore 238823

Fax: +65 6735 3135

Email: istana_feedback at istana.gov.sg

Salutation: Your Excellency

Prime Minister of Singapore

His Excellency Lee Hsien Loong

Prime Minister's Office Istana Annexe,

Orchard Road

Singapore 238823

Fax: +65 6332 8983

Email: lee_hsien_loong at pmo.gov.sg

Salutation: Your Excellency

And copies to:

Officer-in-charge Registry

Superintendent Cheong KumFoong

Changi Prison Complex

Singapore Prison Service

982 Upper Changi Road North

Singapore 507709

Fax: +65420425

Email: cheong_kum_foong at pris.gov.sg

Please check with your section office if sending appeals after the above date.

Additional Information

Chijioke Stephen Obioha graduated in Industrial Chemistry from Benin University 
in Nigeria. He moved to Singapore in 2005, seeking to join a football club. His 
family members, who currently live in Nigeria and the United Kingdom, have been 
unable to travel to visit and had limited ability to assist him. Throughout the 
duration of the proceedings, they have received sporadic and often delayed 
updates, including when a legal representative was removed from the case.

On 18 July 2014, Singapore carried out its first 2 executions since 2012, when 
2 men were hanged after they had been convicted of and mandatorily sentenced to 
death for drug trafficking. Their executions ended a moratorium on the 
implementation of death sentences established in July 2012 to allow the 
Parliament to review the country's mandatory death penalty laws. Since then, 
the authorities of Singapore have executed at least 5 other people, including 3 
for drug trafficking. At least 5 new mandatory death sentences were imposed in 
2015, 4 for drug trafficking and 1 for murder. At least 23 people remained on 
death row at the end of 2015.

The mandatory imposition of the death penalty is against international law. The 
UN Human Rights Committee has said that "the automatic imposition of the death 
penalty constitutes an arbitrary deprivation of life, in violation of article 
6, paragraph 1, of the International Covenant on Civil and Political Rights, in 
circumstances where the death penalty is imposed without any possibility of 
taking into account the defendant's personal circumstances or the circumstances 
of the particular offence".

Following the adoption of the Misuse of Drugs (Amendment) Act 2012 and the 
Penal Code (Amendment) Act 2012 on 14 November 2014, the courts of Singapore 
are now given the discretion not to impose the death penalty in certain 
circumstances. In drug-related cases, defendants may now be spared the death 
penalty if they are found to have been involved only in transporting, sending 
or delivering a prohibited substance, or only offered to commit these acts (as 
"couriers") and if the Public Prosecutor can certify that they cooperated with 
the Central Narcotics Bureau to disrupt further drug-related activities. 
Equally, defendants found to be "couriers" can be spared the death penalty if 
they can prove that they are suffering from "such abnormality of mind ... 
[which] substantially impaired his mental responsibility for his acts and 
omissions". According to his current lawyer, Chijioke Stephen Obioha has not 
undertaken a mental health assessment and withdrew his application for 
resentencing under the amended laws.

International law requires that the use of the death penalty be restricted to 
the "most serious crimes". The UN Human Rights Committee has on numerous 
occasions found that drug-related offences do not meet the criterion of "most 
serious crimes", a finding reiterated by the UN Special Rapporteur on 
extrajudicial, summary or arbitrary executions and the UN Special Rapporteur on 
torture and other cruel, inhuman or degrading treatment or punishment.

Amnesty International believes that the death penalty is the ultimate cruel, 
inhuman and degrading punishment, and a violation of the right to life as 
proclaimed in the Universal Declaration of Human Rights. Amnesty International 
supports calls, included in 5 resolutions adopted by the UN General Assembly 
since 2007, for the establishment of a moratorium on executions with a view to 
abolishing the death penalty. As of today, 140 countries have abolished the 
death penalty in law or practice; in the Asia-Pacific region, 19 countries have 
abolished the death penalty for all crimes and a further eight are abolitionist 
in practice.

(source: saharareporters.com)






IRAN----executions

1 Public Hanging And 5 Executions For Drug Charges----23 people have been 
executed during the last 6 days in Iran


6 prisoners were executed in Iran yesterday. 1 prisoner was hanged publicly in 
the village of Chelmeh near the city of Mashhad (northeastern Iran) reported 
the Iranian media.

According to the news website Rokna.ir, the prisoner was a 22 year old man who 
was charged with sexual assault and murder of an 8-year old girl. The public 
execution was carried out on Thursday November 10 in front of the people in 
Chelmeh village.

According to unofficial reports 5 prisoners were hanged in the prison of Kerman 
(southeastern Iran) the same day (November 10). The Human Rights News Agency 
(HRANA) reported that the prisoners were charged with drug offences. 3 of the 
prisoners are identified as "Gomshadzehi", "Ranjbar" and "Faramarzpour". These 
executions haven't been announced by the official Iranian media.

(source: Iran Human Rights)






GHANA:

President should implement death penalty - Obiri Boahene


A former Deputy Minister of Interior, Nana Obiri Boahene is pushing for the 
full implementation of the death penalty.

His call follows an attempted jailbreak by notorious criminal, Johnson Kombian 
and 2 others at the Nsawam prison Sunday. Kombian was sentenced to death by 
hanging in August last year after he he murdered 2 policemen at Nakpanduri in 
the Northern Region. Although the country's laws provide for death penalty, no 
president has given approval for it to be enforced under the Fourth Republic.

The Amnesty International has been the lead advocate across the globe 
explaining why African countries especially must abolish the implementation of 
the death penalty Speaking to 3FM NEWS, the former deputy minister under the 
Kufuor administration says Johnson Kombian's attempted jailbreak should be 
enough reason for the law to be fully implemented.

"I will not restrict myself to Kombian, first of all it has been my position 
that this beget this, insults beget insults, assault beget assault, decency 
beget decency, that when a man kills he must also be killed, when a man removes 
somebody's eyes his eyes must also be removed, I am all out for this sentence, 
bothing more nothing less," Nana Obiri Boahene who is a lawyer by profession 
said.

"I will fault our leaders from 1992 till date without exercising the death 
sentence...in terms of execution of the capital punishment they are all 
timorous, look for me if you give me the opportunity to run this country for 
just 5 days be rest assured that I will exercise my powers", he said.

(source: ghanaweb.com)






EGYPT:

Italy Trains Egyptian Judges Despite Death Sentences and Torture


The Italian government has been supporting the Egyptian justice system as part 
of an EU project that risks complicity in abuses such as mass trials and the 
death penalty.

Italy's highest judicial body, the Consiglio Superiore della Magistratura, is 1 
of 4 contractors involved in the 10 million euros EU project in Egypt, named 
'Support to the Modernization of the Administration of Justice'.

Human rights organization Reprieve has unearthed documents showing that the 
project includes training Egyptian judges who oversee death sentences; 
providing steel bars and a metal cage to a juvenile court, and video technology 
for 'interview rooms'.

The project, and Italy's involvement in it, has caused concern because Egyptian 
judges have handed down hundreds of death sentences in mass trials in the past 
3 years. The documents seen by Reprieve make no mention of the risk of these 
abuses.

Reprieve is assisting Ibrahim Halawa, an Irish citizen who was among hundreds 
of juveniles arrested in Cairo following protests in 2013.

Halawa, from Dublin, is facing a death sentence in a mass trial of 494 people, 
which is taking place in a courtroom purpose-built to accommodate the large 
number of defendants.

The court has repeatedly postponed the trial and extended Halawa's detention 
since 2013 - most recently, on 2 October 2016. Halawa has reported being 
regularly tortured in pre-trial detention. The Egyptian government has refused 
to allow the EU to monitor the trial.

Italy's involvement in the project is revealed amid growing concerns over the 
failure of Egyptian authorities to investigate fully the murder of an Italian 
student, Giulio Regeni, apparently at the hands of Egypt's security forces.

Recent weeks have also seen an adviser to the Regeni family - human rights 
activist Ahmed Abdallah - undergo a trial in Egypt, apparently in relation to 
protests.

After Mr Regeni's death, Egypt's chief prosecutor, Mustafa Suleiman said: "We 
are eager to continue [judicial] cooperation" with Italy. He added: "Judicial 
cooperation between Egypt and Italy is positive and Italy is one of the best 
countries that deals with Egypt when it comes to judicial matters."

Commenting, Harriet McCulloch, deputy director of the death penalty team at 
Reprieve, said:

"The Egyptian courts have overseen hundreds of death sentences and scores of 
mass trials since 2013, and they continue to sanction the extended detention 
and torture of hundreds of people - including people arrested when they were 
children, like Ibrahim Halawa. This is part of the same huge wave of abuses 
that has seen the Sisi government relentlessly target protestors, journalists 
and people like Giulio Regeni. It is deeply worrying that the Italian 
government appears to be helping prop up this system. The Italian authorities 
must explain exactly what their work on this project involves - and what 
measures they are taking to avoid complicity in terrible abuses."

(source: Reprieve is a UK-based human rights organization that uses the law to 
enforce the human rights of prisoners, from death row to Guantanamo 
Bay----commondreams.org)






SUDAN:

Trial Resumes Of Christian Pastors In Sudan Facing Death Penalty


There is "cautious" optimism about the fate of the pastors facing the death 
penalty for allegedly "spying" and for claiming that Christians are persecuted 
in Sudan.

Open Doors, the charity that serves persecuted Christians around the world, 
reports that after many delays this year, Sudanese pastors Hassan Kodi and Kuwa 
Shamal, along with graduate Abdulmonem Abdumawla and Czech aid worker Petr 
Jasek, have appeared in court again.

Their lawyers have now been able to begin their defence.

"Observers are cautiously optimistic about the process thus far, but ask that 
we continue to pray for the Lord's undertaking for the lawyers, and for His 
grace to the men and their families as they continue to face uncertainty," a 
source told Open Doors.

They will be back in court next Monday.

The trial has been adjourned repeatedly, most recently because the prosecution 
failed to prepare adequately.

All 4 men are accused of spying and face the death penalty if convicted.

According to Christian Solidarity Worldwide, Jasek is charged with propagating 
false news. He, Taour, Shamal and Abdumawla face at least 7 charges including 
waging war against the state. One charge against the pastors is that they 
propagated news about churches being burned down in Khartoum and bombed in the 
Nuba mountains, where Christians are classed as "atheists".

On the Open Doors' 2016 World Watch List, Sudan is ranked 8th. The organisation 
is continuing to ask for prayers for the 4 defendants.

(source: christiantoday.com)