[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 24



INDIA:

SC sets free death row convict


A death row convict was today set free by the Supreme Court saying the 
prosecution has not proved the charge against him of murdering his wife and 
five daughters on the basis of evidence on record.

\Justices Ranjan Gogoi and U U Lalit acquitted the man, even as Justice P C 
Pant, who was also part of the bench, dissented with their view and upheld the 
conviction.

Justice Pant, however, commuted to life imprisonment, the death penalty awarded 
to the Chhattisgarh native, saying the trial court and the High Court were 
influenced by the brutality and the manner in which the crime was committed.

The 2:1 verdict came on the man's appeal against his conviction and sentence.

\According to the prosecution, Chhattisgarh-native Dhal Singh Dewangan, killed 
his wife and 5 daughters on February 19, 2012.

In the majority verdict, delivered by Justice U U Lalit, the apex court held 
that the appellant deserved to be acquitted as the prosecution had not proved 
its case.

"We allow these appeals, set aside the judgments of conviction and sentence 
recorded by the Courts below against the appellant and acquit him of all the 
charges levelled against him. The appellant be set at liberty immediately 
unless his custody is required in any other case," the majority bench said.

The majority bench held that the circumstantial evidence, based on which the 
trial court had convicted the man, "did not form a complete chain of evidence."

"In our view, the circumstances mentioned do not form a complete chain of 
evidence as not to leave any reasonable ground for the conclusion consistent 
with the innocence of the appellant, nor do the circumstances exclude every 
possible hypothesis except the guilt of the accused," they said.

Justice Pant, in his minority view, said "the State has failed to show that the 
appellant is a continuing threat to the society or that he is beyond 
reformation and rehabilitation. Both the courts below, in my opinion, appear to 
have been influenced by the brutality and the manner in which the crime is 
committed."

"But this Court cannot ignore the fact that there are no criminal antecedents 
of the appellant. Also, it cannot be said that he is continuing threat to the 
society or that he cannot be reformed or rehabilitated," he said.

Justice Pant also observed that the convict belonged to a "socially and 
economically disadvantaged strata of the society" and considering the facts, it 
found that life imprisonment would meet the ends of justice.

(source: Press Trust of India)






JAPAN:

Japan's bar federation targets abolishing death penalty for 1st time


The Japan Federation of Bar Associations will propose for the 1st time to its 
members next month that they work for the abolition of capital punishment so 
that even the worst offenders can be rehabilitated.

The proposal comes at a time when more than 2/3 of nations have abolished the 
death penalty by law or in practice.

It also reflects concerns over miscarriage of justice, given that 4 death row 
inmates were exonerated in the 1980s through retrials and another death row 
inmate was freed in 2014 following 48 years behind bars after a court reopened 
his case. The decision has been appealed by prosecutors.

"If an innocent person or an offender who does not deserve to be sentenced to 
death is executed it is an irrevocable human rights violation," said Yuji 
Ogawara, a Tokyo-based lawyer who serves as secretary general of a JFBA panel 
on the death penalty.

The proposal will be submitted to the federation's annual human rights meeting 
on Oct 7 in Fukui for formal adoption as a JFBA declaration.

The federation is targeting abolition of the death penalty by 2020, when the 
U.N. Congress on Crime Prevention and Criminal Justice will be held in Japan.

In its 2011 declaration, the federation urged the government to immediately 
start public debate on the death penalty, but stopped short of clearly calling 
for its abolition.

Since then, the federation has carried out more in-depth discussions on the 
issue by organizing symposiums, exchanging views with lawmakers, Justice 
Ministry officials, journalists and diplomats as well as those in religious 
circles.

It has also sent delegations overseas to research penal systems in countries 
including Britain, South Korea, Spain and the United States.

"There are still lawyers who support the death penalty, but I think we have 
developed an environment that enables us to seek its abolition," said Ogawara, 
who was involved in drafting the proposal.

As an alternative to the death penalty, the federation proposes whole life 
sentences without parole should be considered as 1 option.

But even if whole life sentences without parole are given, there should be 
scope for subsequently reviewing the sentence if an offender has truly been 
rehabilitated, as it would be inhumane to allow no possibility of such inmates 
ever being released, it says.

Those who commit crimes, in many cases, are the socially disadvantaged who 
could be rehabilitated with appropriate approaches, Ogawara said. "The penal 
system should contribute to promoting social reintegration of offenders, rather 
than satisfying the desire for retribution."

It is also important to enhance assistance measures for crime victims and their 
bereaved families, the JFBA says in the proposal, stressing the need to provide 
continued support to them "as the primary responsibility of society as a 
whole."

Japan was urged by the U.N. Human Rights Committee in 2014 to "give due 
consideration to the abolition of the death penalty," but has legitimized its 
continuance by citing the outcome of a survey that indicated more than 80 % of 
people in Japan support the death penalty.

Critics maintain that the respondents were not provided with sufficient 
information on the execution system.

The secrecy surrounding executions in Japan has been criticized at home and 
abroad, with neither death row inmates nor their lawyers and families given 
advance notice of hangings. It also remains unclear what criteria authorities 
use in deciding when inmates are to be executed.

Japan hanged 2 death row inmates in March, bringing to 16 the total number of 
people executed since Prime Minister Shinzo Abe came to power in December 2012.

(source: Japan Today)






ZIMBABWE:

More death row inmates fight capital penalty


The Constitutional Court (ConCourt) will next week hear the third case of death 
row inmates fighting to have their sentences commuted.

Legal experts, Veritas, who recently also took two other death row cases to the 
ConCourt, will next Wednesday assist condemned prisoners Farai Lawrence Ndlovu 
and Wisdom Gochera to fight for the commuting of their death sentences. The 
pair are represented by Tendai Biti of Biti Law Chambers.

Ndlovu has been at Chikurubi Maximum Security Prison for the 2012 murder of 
Michael Sunderland and Geoffrey Andrew Povey, while Gochera was convicted of 
the murder of a South African in 2002.

According to Veritas, the 2 were sentenced to death shortly before the new 
Constitution came into force in 2013.

"The argument, on their behalf, is that the new Constitution effectively 
abolished the pre-existing law that provided for the carrying-out of the death 
penalty and the new law providing for the death penalty had not been enacted at 
the time the court application was filed.

"Hence, the argument is that they cannot now be executed because the law to be 
applied is the law as it existed at the time of filing the application," 
Veritas said in a statement.

Other death row cases that Veritas took to the ConCourt are those of Cuthbert 
Tapuwanashe Chawira and others versus the Minister of Justice and others, and 
Emmanuel Dolosi versus the Minister of Justice and another.

Chawira and other death row inmates have been awaiting execution for lengthy 
periods, with some going up to 18 years living in constant fear that any day 
they will be called for execution, and living in appalling jail conditions, 
coupled with other cruel and inhuman treatment.

Although the ConCourt sat to hear the 2 cases, it has not yet passed a 
judgment.

Vice-President Emmerson Mnangagwa (pictured), recently attended the 9th 
International Meeting of Justice Ministers in Rome, Italy, where he said 
Zimbabwe was on the path to abolishing the death penalty.

In July this year, Veritas also succeeded in getting the courts to agree that 
life prisoners will now be eligible for parole like other convicts through a 
case they helped bring before the courts, Makoni versus Commissioner of Prisons 
and another.

The ConCourt ruled that life imprisonment without the possibility of release 
constituted a violation of human dignity and amounted to inhuman and degrading 
treatment or punishment in breach of sections 51 and 53 of the Constitution.

(source: NewsDay)






AUSTRALIA:

MP calls for death penalty for terrorism, child murder


Colourful Queensland MP George Christensen says those convicted of terrorism 
involving death and child rape-murder should face the death penalty.

Outspoken Liberal-National Party MP George Christensen says Australia should 
resurrect the death penalty but only for particular cases.

In an interview with the Courier-Mail newspaper, the North Queensland MP said 
it could be imposed for terrorism crimes involving death and for the rape and 
murder of children.

"I personally think it's warranted in some instances, but I'm not gung-ho 
enough to think I can, or anyone can, reinstate it in Australia," he said.

(source: sbs.com.au)






PHILIPPINES:

Death penalty support shaky


Public support for the restoration of the death penalty is weak and shallow. 
Many Filipinos who appear to favor the revival of capital punishment are merely 
venting their exasperation over the miserable performance of our criminal 
justice system.

Filipinos hunger and thirst for justice, not for blood. And this craving for 
justice may be satisfied only by profound and comprehensive reforms in law 
enforcement, prosecution service, the judiciary and our prisons.

This was shown in the results of an online poll on the House of 
Representatives' official website, which showed that 50 % of participants 
favored the renewal of the death penalty, while 48 % rejected it, with 2 % 
undecided.

The ratings imply that the reinstatement of the death penalty is a highly 
discordant matter that is best deferred by Congress.

The blame for the dismal functioning of the justice system that has deeply 
frustrated and angered many Filipinos is on widespread corruption.

Many citizens still do not report crime victimizations simply because they do 
not have confidence in our justice system. And the primary reason for this lack 
of public trust is corruption, which we have to eradicate first.

In fact, many homeowners in middle class subdivisions are extremely wary of 
opening their doors to Oplan Tokhang precisely because they're scared corrupt 
officers might put in false drug evidence.

(source: Opinion; Lito Atienza, House senior deputy minority leader and Buhay 
party-list representative----Sun-Star)






MALAYSIA----execution

Canny Ong rapist-killer finally hanged


The 40-year-old who formerly worked as an aircraft cabin cleaner had spent 11 
years on death row appealing against his death sentence without success and was 
hanged about 6am yesterday, after meeting his family for the last time the day 
before, The Star reported today.

The daily cited an unnamed Kajang Prison spokesman saying he was later buried 
at the Sungai Kantan Muslim cemetery in Kajang.

Lawyer Mohamed Haniff Khatri Abdulla who had previously represented Ahmad Najib 
described the latter as a "good Muslim" while in jail to the newspaper, adding 
that prison officials related how he often led other inmates in prayer and 
taught them about religion.

"To me, at least the time he was in prison, he was a better person than many 
outside," Mohamed Haniff was quoted saying.

The 2003 murder case that was well-covered by the media sparked a nationwide 
uproar at that time due to the seemingly random violence perpetrated.

According to past reports, Ong, who was a US-based IT specialist home for a 
visit, was abducted from the carpark of the Bangsar Shopping Complex on June 
13, 2003.

Her charred remains were found in a manhole along Old Klang Road here, several 
days later.

Forensic tests carried out later showed she had been raped.

Ahmad Najib was subsequently arrested and charged based on the forensic and 
criminal evidence. He was convicted and given the maximum sentence of 20 years 
imprisonment and 10 strokes of the rotan for Ong's rape and the mandatory death 
penalty for her murder.

In a separate statement, Amnesty International Malaysia which opposed the death 
penalty, condemned the government for the secret execution of Ahmad Najib.

Its executive director Shamini Darshni Kaliemuthu noted that Malaysia is not 
the only country that provides the capital punishment, but said the authorities 
should follow international laws and standards and provide sufficient advance 
notice to convicted killers on death row to enable them to seek further 
recourse at the national or international level.

"There is no convincing evidence to support the argument that the death penalty 
prevents crime more effectively than other punishments including life 
imprisonment. Further, statistics from countries which have abolished the death 
penalty show that the absence of the death penalty has not resulted in an 
increase in the crimes previously subject to capital punishment.

"What does hanging Ahmad Najib really achieve?" she asked.

AI Malaysia said Ahmad Najib's execution is only the 4th known to have taken 
place in the country and suspects there have been more executions conducted 
secretly.

"Amnesty International Malaysia does not downplay the seriousness of crimes 
committed, but we urge the authorities to consider introducing more effective 
crime prevention measures especially when there is overwhelming evidence that 
proves that the death penalty does not deter crime," Shamini added.

(source: themalaymailonline.com)

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

Amnesty condemns execution of man convicted for Canny Ong's murder


Amnesty International condemned the quiet execution of Ahmad Najib Aris, who 
was hanged Friday after spending 13 years on death row for the rape and murder 
of Canny Ong Lay Kian.

"The death penalty is never an answer. Hanging a man for murder is not justice, 
it is revenge.

"We oppose the use of capital punishment regardless of the crime committed," 
Amnesty International Malaysia executive director Shamini Darshni Kaliemuthu 
said in a statement Friday.

Shamini said that while international law allows for the death penalty to be 
meted out for the most serious crimes, the lack of transparency on the use of 
the death penalty in Malaysia raises crucial concerns.

???International law and standards require that in countries which have yet to 
abolish the death penalty, the authorities must ensure that prisoners under the 
sentence of death and their families are given reasonable advance notice of the 
scheduled date and time of the executions.

"From Amnesty International Malaysia's experience in dealing with imminent 
executions, families are only informed between 72 and 24 hours before.

"Also of concern is the authorities deliberately concealing or minimising 
public scrutiny over imminent executions," she said.

Shamini said transparency in the use of the death penalty is important to avoid 
aggravating mental trauma of prisoners sentenced to death and is also a 
critical safeguard against unlawful executions.

"International standards on the use of the death penalty also set out that 
condemned prisoners and their lawyers be officially informed of the date of 
execution in sufficient time to take any further recourse available at the 
national or international level.

"However, we understand that lawyers in Malaysia are not informed of impending 
executions of their clients as case proceedings would have concluded," she 
said.

Due to the lack of transparency, Shamini said there were possibility of more 
executions which have not been disclosed by the authorities.

Shamini added that there is no convincing evidence to support the argument that 
death penalty can prevent crimes more effectively compared to other punishments 
including life imprisonment.

"Further, statistics from countries which have abolished the death penalty show 
that the absence of the death penalty has not resulted in an increase in the 
crimes previously subject to capital punishment.

"Amnesty International Malaysia does not downplay the seriousness of crimes 
committed, but we urge the authorities to consider introducing more effective 
crime prevention measures especially when there is overwhelming evidence that 
proves that the death penalty does not deter crime," she said.

In 2003, then 27-year-old Ong's charred body was found in a hole, below 2 
cement-filled tyres were found 4 days after her kidnap.

Forensic investigation led to the arrest of Ahmad Najib, also 27-years-old at 
that time, who had raped her before killing her by stabbing her twice.

(source: malaysiakini.com)



IRAN:

Juvenile Offender Forgiven for Murder, Saved from Execution


Rauf Hasani, a juvenile prisoner on death row in Saqqez Central Prison on 
murder charges, has been saved from execution after the complainants on his 
case file forgave him.

A source close to Rauf tells Iran Human Rights: "The Hasani family and the 
family of the murder victim were present in court on September 14, 2016. At the 
hearing the murder victim's family agreed to forgive Rauf on the condition that 
he moves out of Saqqez and that he can only return in the event of a funeral 
for one of his immediate family members. The Hasani family agreed to the 
condition and the presiding judge confirmed it."

According to confirmed sources, Rauf Hasani, who was born in January 1997, was 
arrested by Iranian authorities in August 2013 in the city of Saqqez (Kurdistan 
province, northwestern Iran) on murder charges. Rauf, 16 years old at the time 
of his arrest, was sentenced to death in spring 2015 by the civil court in 
Saqqez.

Rauf, who has only completed school up to the 5th grade, is currently still 
held in the juvenile offenders ward of Saqqez Central Prison where he is 
awaiting a retrial.

Rauf Hasani is among 7 death row juvenile offenders identified in a recent 
report published by Iran Human Rights.

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

Least 11 Prisoners in Imminent Danger of Execution at Rajai Shahr Prison ---- 
Their executions are reportedly scheduled to be carried out on Wednesday 
September 28.


At least 11 prisoners are reportedly scheduled to be executed on Wednesday 
September 28 at Rajai Shahr Prison.

On the morning of Thursday September 22, at least 11 prisoners in Karaj's Rajai 
Shahr Prison were reportedly transferred to solitary confinement in preparation 
for their executions. Confirmed sources say that most of the prisoners were 
sentenced to death on murder charges.

Their executions are reportedly scheduled to be carried out on Wednesday 
September 28.

(source for both: Iran Human rights)

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

Iran Executes Hundreds of People Each Year in Its UN-Funded War on Drugs


The latest session of the United Nations General Assembly is underway in New 
York City. The assembly has featured many speakers, including Iranian President 
Hassan Rouhani, who used the platform to address extremism in the world as well 
as the landmark nuclear deal with the United States and other world powers.

One thing he did not mention was the death penalty. Iran has one of the globe's 
highest rates of capital punishment, a fact that if ignored inside the chamber, 
was highlighted by protesters outside the General Assembly.

Many of the executions are carried out in the name of Iran's war on drugs, one 
of the bloodiest in the world. By Iran's own admission, 93 % of the 852 
reported executions between July 2013 and June 2014 were drug-related. In 2015, 
Iran put more than 966 individuals to death, the majority of whom appear to 
have faced drug-related charges.

And the United Nations is complicit. The United Nations Office on Drugs and 
Crime (UNODC) has for years given the Islamic Republic funding for its 
anti-drug efforts, a partnership that has raised serious concerns about the 
morality and legality of the UN's program, but will probably go unscrutinised 
at the General Assembly.

The UNODC was established in 1997 to address issues related to drug trafficking 
and abuse, among other issues related to crime and punishment. It has an 
estimated biennial budget of 700 million US dollars, and the majority of this 
funding comes from Western countries, many of whom have outlawed capital 
punishment in any form.

The UNODC has given Iran more than 15 million US dollars since 1998 to support 
operations by the country???s Anti-Narcotics Police. This is despite 
significant evidence that Iran???s governmental drug policies violate 
international law, and fall short of UNODC's own standards.

The UK-based human rights NGO Reprieve has linked funding from the UN to at 
least 3,000 executions in Iran, including the execution of juvenile offenders. 
In 2014, for example, Iran reportedly hanged an Afghan juvenile, 15-year-old 
Jannat Mir, for an alleged drug offense, despite the fact that he was a minor.

Those who are executed are often individuals who are marginalized in Iranian 
society. This includes undocumented migrants and refugees from neighbouring 
Afghanistan, as well as ethnic and religious minorities who face 
disenfranchisement in Iran.

In February 2016, it was reported that Iran executed the entire adult male 
population of one village based on drug charges. The village, Roushanabad, is 
located in Balochistan, Iran's poorest province. The population consists of 
ethnic and religious minorities, many of whom earn their livelihood through 
smuggling.

Those who face drug charges are often denied due process. A 2014 report by 
Ahmad Shaheed, the UN Special Rapporteur on Human Rights in Iran, quoted an 
experienced Iranian lawyer who said that drug trials "never last more than a 
few minutes." Prisoners are often denied access to counsel, and claim that 
confessions are forced under torture.

Human Rights Watch has accused Iran of using drug charges against political 
prisoners and dissidents, raising further concerns about the implications of 
the UNODC's support for the country's anti-drugs program. In 2009, Zahra 
Bahrami, a citizen of both the Netherlands and Iran was arrested and accused of 
drug trafficking - a charge she denied. She claimed her confession was 
extracted under duress, and activists contend that her arrest was based on her 
political views. She was executed in 2011.

"Iran has hanged more than a hundred so-called drug offenders this year, and 
the UN has responded by praising the efficiency of the Iranian drug police and 
lining them up a generous 5-year funding deal," said Maya Foa, strategic 
director of Reprieve's death penalty team, in an interview with the Guardian in 
2015.

Instead of focusing primarily on endemic problems such as poverty and a lack of 
opportunities for youth that foster drug abuse, Iran continues to enact 
draconian punishments on individuals, including publicly executing them. 
Observers argue these killings are a strategy by the regime to maintain 
political authority through intimidation, as opposed to tackling the problems 
of poverty and drug abuse through treatment and economic development.

>From a legal perspective, there is ample evidence that Iran's executions are a 
violation of international human rights law, as enshrined in the International 
Covenant on Civil and Political Rights (ICCPR). The ICCPR, to which Iran is a 
party, explicitly reserves capital punishment for only "the most serious 
crimes." Article 6 of the ICCPR explicitly states that the death penalty cannot 
be imposed if a fair trial has not been granted.

In 2012, the UNODC released a position paper that appeared to critique its own 
involvement in Iran. The paper noted that cooperation with countries which use 
capital punishment "can be perceived as legitimising government actions." It 
concluded that in such circumstances the organisation "may have no choice but 
to employ a temporary freeze or withdrawal of support." Yet the UNODC has never 
publicly expressed a desire to withdraw support from its Iran program.

Iran has thus far practised its drug executions with impunity, and will likely 
avoid tough questions at the UN. Under current President Hassan Rouhani, who is 
often perceived and presented as a "moderate" politician, the rate of 
executions is higher than it was during the hardline presidency of Mahmoud 
Ahmadinejad - a reality that seemingly betrays Rouhani's own support base and 
promises of "prudence and hope." In 2015, the UN Special Rapporteur on Human 
Rights Ahmad Shaheed noted that "the overall situation has worsened" with 
respect to human rights under Rouhani.

While the responsibility of executions and incarcerations lies foremost with 
the judiciary, the Rouhani administration and the appointed minister of 
justice, Mostafa Pourmohammadi, have remained silent and inactive on the issue.

The hypocrisy in aiding Iran is not lost on everyone. The UK, Denmark and 
Ireland have withdrawn funding for UNODC's Iran program, citing human rights 
concerns. However, other countries including Norway and France continue to 
provide funding. In 2015, the UNODC renewed a 5-year commitment with Iran 
promising an additional 20 million dollars. As the UN General Assembly 
convenes, the issue of funding Iran's executions appears to have been left off 
the agenda.

(source: globalvoices.org)






KENYA:

Get rid of death penalty, urge Murang'a residents


Kenyans want the government to get an alternative penalty to be meted on people 
found guilty of capital offences. The sentiments emerged during a public 
hearing forum organised by the Power Of Mercy Advisory Committee in Murang'a 
county on Wednesday.

Local residents said the said the government should drop execution of convicts 
and instead engage them in other productive activities and their sentence 
lowered to life imprisonment.

POMAC vice-chair Regina Boisabi said the committee was collecting views from 
the public to help formulate policy on death penalty going by the guidelines 
given by the United Nations to help Kenya give its stand on death penalty.

She said there are about 3, 000 people sentenced to death who are held in 
Kenyan prisons. "We have been to 24 counties and the views we collect from 
people shall direct our report."

(source: mediamaxnetwork.co.ke)