[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 13



JAPAN:

Death sentence upheld for killer of 5 in rural Japan


The Hiroshima High Court on Tuesday upheld the death penalty for a 66-year-old 
man convicted of killing 5 neighbors and setting fire to 2 of their homes in a 
remote community in Yamaguchi Prefecture in 2013.

In July last year, the Yamaguchi District Court found Kosei Homi guilty of 
killing a woman and a couple, all in their 70s, by hitting their heads with a 
wooden staff before setting fire to their homes in the mountainous community of 
Shunan in July 2013. He was also convicted of murdering 2 other elderly people.

In the appellate trial, Homi's lawyers pleaded his innocence, arguing he 
shouldn???t be held criminally responsible due to insanity or diminished mental 
capability.

Although the lower court acknowledged that Homi suffered from delusional 
disorder, it determined that Homi was fully competent to be held legally 
responsible.

According to the lower court ruling, Homi was diagnosed with delusional 
disorder in a psychiatric test and committed the crimes in anger under the 
delusion that other residents were whispering about him.

The lower court verdict said Homi was aware that he was committing a crime and 
thus deserved the death penalty.

The lower court also said Homi's fingerprints were found on the wooden staff.

(source: Japan Times)






INDIA:

IT executive Jigisha murder case: convict challenges death sentence


Convict Amit Shukla, who along with accused Ravi Kapoor was handed down death 
penalty has approached the high court, saying the trial court has awarded him 
the capital punishment by "wrongly holding that the case falls in the category 
of rarest of rare".

The trial court on July 14 held Kapoor, Shukla and Baljeet Malik guilty on 
various counts, including the murder of 28-year-old IT executive Jigisha.

The court while sentencing Kapoor and Shukla to death on August 22, had said 
the girl was killed in a "cold-blooded, inhuman and cruel manner" and "brutally 
mauled to death".

The 3rd offender Baljeet Malik was given reprieve from the gallows for his good 
conduct in jail. Malik has already challenged his conviction and sentence of 
life imprisonment by the trial court before the high court.

Shukla through his counsel Amit Kumar said the trial court has committed error 
by awarding death penalty simply on the basis of biased jail/probation report 
about his client.

"It has also not been noticed that for the similar offence one of the convict 
has been sentenced for life imprisonment," the appeal, which would come up for 
hearing on September 15, said.

Meanwhile, the trial court, which has awarded death to 2 of the accused has 
sent the case file to the Delhi High Court for confirmation of the capital 
punishment.

It is mandatory for a trial court to refer a death penalty case to a high court 
for confirmation of sentence within 30 days of the pronouncement of the 
verdict.

(source: The Hindu)

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

Allahabad HC Commutes Death Penalty In Rape-Cum-Murder Case


The State has failed to show that the appellant is a continuing threat to the 
society or he is beyond reform or rehabilitation, the Bench observed. The 
Allahabad High Court has commuted the death sentence awarded by a trial court 
for a man accused of raping and murdering a 4-year-old girl, to life 
imprisonment.

Upholding the conviction recorded by the trial court, the Bench comprising 
Justice Ramesh Sinha and Justice Vinod Kumar Srivastava said: "The prosecution 
has proved its case beyond reasonable doubt by chain of circumstances which led 
to only conclusion that the accused-appellant committed rape on the victim and, 
thereafter, she was strangulated to death by him, hence the conviction of the 
appellant by the trial court is perfectly justified and correct which is hereby 
upheld."

However, the Bench also observed that the death penalty imposed on the convict 
needs to be reduced to imprisonment for life, citing following the reasons: 
"The State has failed to show that the appellant is a continuing threat to the 
society or he is beyond reform or rehabilitation. Secondly, accused appellant 
Ranjeet was aged about 20 years, when his statement was recorded by the trial 
court under Section 313 CrPC on 1.6.2013. Thirdly, there is no material shown 
by the State or the complainant to that there was a probability that the 
appellant would again commit criminal acts of violence as would constitute a 
continuing threat to the society."

The court further observed: "In the instant case, a minor girl aged about 4 
years was murdered after committing rape on her by the appellant, which is 
undoubtedly a grave and heinous offence for which the duty of the court is to 
impose adequate punishment depending upon the degree of criminality and 
desirability to impose such punishment, as a measure of social necessity and 
also as a means of deterring other potential offenders the sentence should be 
appropriate and befitting the crime. Having considered the principles discussed 
in the Bachan Singh case (Supra) as well as Rameshbhai Chandubhai Rathod 
(supra) and other cases of the apex court mentioned above, we are of the 
opinion that the present case does not fall within the category of 'rarest of 
rare cases' where the other option of awarding a sentence of imprisonment for 
life is unquestionably foreclosed. The death sentence taking into all 
aggravating and mitigating circumstances, the appellant's death sentence is 
commuted to life imprisonment to extend to the full term of life of the 
appellant would be sufficient and meet the ends of justice. We, therefore, 
reduce the sentence under Section 302 I.P.C. of death of the appellant to life 
imprisonment which extend to the full term of life of the appellant. The 
sentence imposed by the trial court on the appellant on all other counts would 
remain unaltered."

(source: livelaw.in)






PAKISTAN:

Economic, Social and Cultural Causes of the Death Penalty and Torture in 
Pakistan


OMCT and Justice Project Pakistan submitted a joint report on Pakistan ahead of 
the 61th session of May-June 2017.

In December 2014, following the tragic terrorist attack on the Army Public 
School in Peshawer, the Government of Pakistan lifted a 6 year moratorium on 
the death penalty. Initially lifted to apply to terrorism related offences, the 
moratorium was lifted for all capital offenses in March 2015. In a span of less 
than 2 years the Government of Pakistan has executed over 405 prisoners, 
thereby becoming the 3rd most frequent executioner in the world.

(source: omct.org)






PHILIPPINES:

De Lima hits Duterte: Go signal of Veloso execution 'disgusting, not 
surprising'


It's disgusting yet something not surprising from the President.

Neophyte Senator Leila De Lima on Monday, September 12, slammed President 
Rodrigo Duterte for allegedly giving a go signal to the execution of Mary Jane 
Veloso, a Filipina on death row in Indonesia.

The President's act, while deplorable, is nothing new, with the senator citing 
the present government policy on extrajudicial killings in the country.

But then again, are we surprised? In our own country, more than 40 people are 
killed without any trial everyday. So what is the worth of another life, the 
life of Mary Jane Veloso.

"Judicial or extrajudicial executions, that is now the policy of the 
government. It's saddening. It makes me cry. It's shocking in a disgusting 
way." Calling the remark "disgusting," De Lima said it is heartbreaking for no 
less than the President to easily "throw away" all government efforts in saving 
Veloso's life. As President, it is well within Duterte's power to hold off the 
execution, De Lima said.

"I am sad and heartbroken that the President will throw away all our efforts to 
save a life just like that, when it is still in his power to request for the 
holding off of the execution," De Lima said.

Senator Francis Pangilinan, for his part, shared the same dismay over the 
reported statement of the Philippine president.

"This is hearbreaking. I am at a loss for words to describe how it has come to 
this," Pangilinan said.

'All efforts have come to nothing'

With Duterte's apparent go signal to the Indonesian government, the senator 
claimed that the administration is no longer keen on saving the life of Veloso.

"This means he will no longer intercede, and that saving Veloso's life is no 
longer the policy of the President," De Lima said.

Unlike the present government, De Lima said the Aquino administration 
prioritized saving Veloso's life.

"The fate of Mary Jane and saving her life has been important to us in the 
Aquino Administration," she said.

The DOJ under her, she said, provided the Indonesian government the legal basis 
to delay the execution using the "mutual cooperation treaty between the 2 
countries on the prosecution of crimes" and by catching Veloso's recruiters.

The apparent new policy, De Lima said, erases and downplays past efforts.

"Now it appears all our efforts have come to nothing, because the President is 
a firm believer in the death penalty and the punishment of those convicted of 
drug trafficking, and these personal beliefs are now our government's foreign 
policy insofar as the fate of Veloso is concerned," she said.

Former president Benigno Aquino III supposedly broke protocol in April 2015 
when he directly talked with Indonesian Foreign Minister Retno Marsudi for a 
last-minute appeal to save the Filipina on death row.

Aquino requested Indonesia to turn Veloso into a state witness so it could pin 
down a drug trafficking syndicate, which allegedly includes Veloso's 
recruiters.

Senate Minority Leader Ralph Recto, for his part, said Veloso deserves clemency 
and the government's full support in securing it.

"[She] was not a drug lord. She was not even a user. On the contrary, she was 
used to smuggle drugs without her knowledge," Recto said.

"If she was a conscious, willing participant in transporting drugs, then any 
official reluctance in pursuing clemency for her can somewhat be explained, 
although this can never be justified. But she was duped by con men, members of 
an international syndicate, some of whom have been arrested," he added.

Malacanang should clarify the matter

Indonesian President Joko Widodo told reporters in Bahasa Indonesia on Monday: 
"I have already spoken (to President Duterte) about Mary Jane's case. I said 
that Mary Jane brought 2.6 kilograms of heroin. And I also told him about the 
postponement of the execution. At that time, President Duterte said 'go ahead' 
if (Mary Jane) were to be executed."

But Malacanang denied such statement, saying Duterte only said he would "not 
interfere" with Indonesia's laws.

With the confusing statements, De Lima and Senator Paolo Benigno Aquino IV 
asked the Palace to clarify the matter immediately. "There is still much 
confusion in this, as Secretary Yasay has said that as a result of the meeting 
of the 2 Presidents, the execution has been held off indefinitely. Malacanang 
should clarify what actually happened," De Lima said.

"We hope the DFA can clarify the matter asap, not just for the public who are 
faced with contradicting statements but more so for Mary Jane's family and 
loved ones," Aquino told Rappler in a text message.

Senate Majority Leader Vicente Sotto III, however, believes that Duterte was 
only misinterpreted.

"Taken out of context, I'm sure. President Duterte already issued a statement 
saying he never said anything like that," Sotto told Rappler.

Senators Sherwin Gatchalian and Juan Miguel Zubiri, for their part, refused to 
comment on the issue, saying they have yet to hear the whole story.

(source: rappler.com)

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

Rally for death row prisoner in Manila


Supporters of death row prisoner Mary Jane Veloso have gathered in Manila to 
protest against her impending execution in Indonesia, following reports that 
the Philippines President Rodrigo Duterte had given the go-ahead for the 
penalty.

Veloso, who was arrested in April 2010 and sentenced to death 6 months later, 
was granted a temporary reprieve in April last year despite the 
state-sanctioned killings of 7 other death row inmates including Australians 
Andrew Chan and Myuran Sukumaran.

Before Duterte assumed office at the end of June, the Philippine government had 
twice intervened to try to save the life of the domestic worker and mother of 
2, with the Department of Foreign Affairs (DFA) under the previous President 
Benigno Aquino III piecing together a detailed timeline of events that 
pinpointed Veloso's work recruiters as the real culprits.

Human rights and migrant worker organisations in both the Philippines and 
Indonesia have engaged in social media campaigns and widespread public rallies 
on behalf of Veloso, who throughout her trial has maintained that she was 
initially recruited to Malaysia to clean houses, after which her recruiter 
Maria Cristina Sergio requested her to travel to Yogyakarta, Indonesia.

Veloso, who hails from the impoverished Cabanatuan city in Central Luzon of the 
Philippines, said Sergio had bought her new clothes for trip and equipped her 
with a larger bag, which Veloso only upon her arrest discovered had heroin sewn 
into the lining, according to the DFA account.

(source: news.com.au)

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

Groups in Davao protest lowering age of criminal liability


Various organizations in Davao City are against the lowering the age of 
criminal responsibility from 15 years old to 9 years old, as proposed in the 
amendments to Republic Act No. 9344 of the Juvenile Justice and Welfare Act of 
2006.

Lawyer Romeo Cabarde of Ateneo Public Interest and Legal Advocacy (Apila) 
believes that children who committed crimes at a very young age are only 
victims of circumstances.

"We understand the predicament and frustration of our society when we see our 
children being involved in crimes and other activities that abuse and disregard 
the rights of others. But, we believe that children in those situation, more 
especially those that are deprived of the protection and care owed to them by 
the state, the community and their parents, are also victims of the 
circumstance," Cabarde said in a press conference on Monday, September 12, 
during Kapehan sa Dabaw at SM City.

Davao del Norte Representative Pantaleon Alvarez filed House Bill 002 that 
seeks to amend RA 9344 as amended by Republic Act No. 10630.

The bill is "a policy of the state to ensure that the Filipino youth shall be 
taught to accept responsibility for their words and deed as early as possible, 
and not to unduly pamper them with impunity from criminal responsibility upon 
reaching the age of 9 years."

Contrary to the bill, Apila does not promote impunity but instead 
responsibility.

They also said that present measure will only ensure incarceration and 
punishment of the children but will not guarantee their rehabilitation and 
development.

Cabrera mentioned that House Bill 001 of the restoration of death penalty has 
already proposed and HB 002 is already down the line, chances are, children in 
the coming days might already be on the list of the criminals subject for 
punishment.

"It's a very deadly combination if you have death penalty and reducing the age 
of criminal responsibility. We might see one of these days children being sent 
to the death row in the country," he said.

According to him, their basic call right now to the government is to provide 
the full and effective implementation of RA 9344 as amended by RA No. 10630 and 
give it time to mature before again amending it.

"Let's see the full extent of the law. Along the way the study its impact and 
effects to our community, to the crime rates and to our children in general 
before we can even think of any amendments."

He also said that the proposal is only according to the "impulse" of the law 
maker and not base on a study or a research their reason of its amendment.

He urged them to present their studies that would support their claims that at 
nine years old, a child is already discerning.

"We have to repair the system that includes the family, church, school and the 
government and all social institution. Sabinga it takes a village to raise a 
child," he added.

Apila together with ACT for Children Alliance and Davao organization of Youth 
against Child Trafficking (DoYouAct) has been firm with their stand in 
disapproving the bill noting that it will only generate more harm than benefits 
for the children.

President Jaziel Senadjan called on the government to launched comprehensive 
programs or interventions for the children who committed crimes.

(source: Sun Star)



KENYA:

Debate on abolishing death sentence resumes in 28 counties


The Power of Mercy Advisory Committee will on Wednesday continue collecting 
views on whether the death penalty and life imprisonment should be abolished.

CEO Michael Kagika said in a statement that findings will be documented and 
recommendations drawn from citizens; opinions.

"The debate provides a platform for Kenyans to express their opinions on 
capital offences and what forms of punishment capital offenders should be 
subjected to," he said.

"At present, there are approximately 3,000 convicts who have been handed the 
death sentence. Out of this number, only 300criminal offenders have gone 
through the appeal process in court and can therefore be said to be on death 
row."

There are currently 5 crimes classified as capital offences. Murder, treason, 
robbery with violence, attempted robbery with violence and oathing for criminal 
activities by proscribed groups including terrorists attract the death penalty 
upon conviction.

POMAC, through meetings held meetings in 19 counties since June, found majority 
of Kenyans want the death sentence abolished and life imprisonment reviewed.

Kagika said public discussions led by the committee and the National Crime 
Research Centre will be held in the next 2 months in the remaining 28 counties.

The agency has partnered with stakeholders including county governments, the 
Kenya Prisons Service, the ODPP and the judiciary to collect views.

The church and other faith-based organisations, women, youth, village elders, 
media, civil society, persons with disabilities, the business community and 
prisoners were encouraged to participate.

The committee will visit Kirinyaga, Nyeri, Nyandarua, Samburu, Murang'a, 
Kiambu, Garissa, Kitui, Machakos, Makueni, Busia, Bungoma, Kakamega, Vihiga, 
Nandi, Uasin Gishu and Elgeyo Marakwet.

Others are Trans Nzoia, West Pokot, Marsabit, Isiolo, Meru, Tharaka Nithi, 
Embu, Turkana, Mandera, Wajir, and Nairobi.

(source: the-star.co.ke)






VIETNAM:

2 Vietnamese sentenced to death for trafficking 7 kilos of heroin


A court in the central province of Nghe An on Monday sentenced 2 people to 
death and another to life in prison for trafficking 7 kilograms of heroin from 
Laos to Vietnam.

Nguyen Quoc Khanh, 56, and Cu Minh Tuan, 31, have received the death sentences 
while Ha Ba Hua, 27, will be imprisoned for life.

Another accomplice Nguyen Thi Luat, 21, got 20 years.

The court heard that Khanh had a deal with some people in Laos in June 2014 to 
buy drugs and bring them into Vietnam.

He then hired Hua to accompany 3 Laotians to transport 7 kilograms of heroin 
and 300 grams of methamphetamine into the country.

Tuan was caught in August 2014 while carrying the heroin to northern Vietnam 
for sale.

Vietnam has some of the world's toughest drug laws. Those convicted of 
possessing or smuggling more than 600 grams of heroin or more than 2.5 
kilograms of methamphetamine face the death penalty.

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

Although the laws have been strictly enforced with death sentences handed down 
regularly, drug running continues in border areas.

(source: vnexpress.net)