[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Oct. 24



INDIA:

Heavy workload possible reason for 'serious mistakes' in Soumya case: Markandey 
Katju


Former SC judge Markandey Katju on Monday said the apex court had made some 
"serious mistakes" in the Soumya case by commuting the death sentence of the 
accused to life, and attributed it to "judges not being able to give much time 
to cases due to heavy workload of pending cases".

In a Facebook post, he said, "I genuinely believe that the Supreme Court had 
made some serious mistakes in its judgement by reversing the death penalty 
awarded by Kerala High Court".

"Possibly these mistakes were made because the court was so overburdened with 
work that it cannot give as much time to cases as they deserve, which they 
would have otherwise done, had it not been for this heavy load of cases to 
decide," he said.

The Former Press Council Chairman also said that when he first heard that he 
had been issued notice, asking him to appear before the court on 11 November, 
he was "upset" as he thought the SC was trying to "humiliate" him since he had 
criticised their judgement and such an order was "unprecedented".

Hence, he had initially said that he would not appear before the court as 
directed.

However, when he received the apex court's notice and read it, Katju said he 
realised the court used "very respectful language to me and had requested me, 
not ordered me, to appear since they seemed to be sincere about their desire to 
reconsider their judgement and did not have a closed mind."

"Since reading the Supreme Court notice, I felt that the judges had no 
intention to humiliate or insult me, rather were anxious to get my help in 
reconsidering their judgement, I have decided to appear on 11 November at 2 PM 
(the date and time fixed)," Justice Katju said.

Quoting celebrated British Judge Lord Denning, Katju said 'The Judge has not 
been born who has not made a mistake'.

"We are all humans, and all of us make mistakes, but a gentleman is one who 
realises his mistake, acknowledges it, and seeks to make amends," Katju said.

"This should apply to judges too. I myself have sometimes made mistakes in my 
judgements," he said.

(source: jantakareporter.com)






CHINA:

Doubts over death sentence should delay its execution


Jia Jinglong is to be executed anytime soon, after he and his attorney were 
reportedly informed of the Supreme People's Court's approval of his death 
sentence.

We are not in the position to call a halt. Yet we feel strongly that the order 
must not be carried out. Not because social media are rife with cries against 
the ruling. But because the circumstances are anything but normal, and there 
are some outstanding questions that need to be properly answered. Legal 
experts, from professors to lawyers, deem the sentence problematic.

Jia shot and killed the head of his village in 2013, and he was convicted of 
murder. His death sentence is controversial, though, for the murder was a 
reaction to the ruthless, illicit forced demolition of his home that the victim 
allegedly masterminded.

Legal professionals have argued that Jia qualifies for a lesser sentence, a 
reprieve for instance, as he tried to turn himself in and confess to police 
afterwards.

Considering both the judicial authorities' new emphasis on prudence in applying 
the death penalty, and the reasonable doubts surrounding the sentence, we urge 
the court to demonstrate discretion, and avoid the double tragedy to which we 
are dangerously close.

Whatever happens, Jia's case should not be allowed to slip away as if it were 
just another regular criminal offense. Because it is not. Outside the 
courtroom, there are pricey lessons to be learnt.

"I am a victim...from the very beginning," Jia told the first-instance court in 
self-defense. "I would not have embarked on such a road of no return had there 
been a way out."

The murder took place months after his home was demolished by force. He called 
the police in the vain hope of stopping the demolition. He tried to negotiate 
for compensation afterwards. He lodged complaints to local authorities. He 
found himself helpless, hopeless, with no way to have justice done.

As in many similar cases, Jia used to be an ordinary citizen concerned 
primarily about living a normal life. Like others who ended up desperate, 
vengeful and hurting themselves and others to have their injustices noticed, 
Jia would probably not have acted as he did if his loss had been properly taken 
care of.

When residents are victimized by those who have power in their hand, they 
should not be deprived of the hope of having their wrongs addressed and justice 
delivered.

(source: Opinion, China Daily)