[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Mon Apr 24 09:36:46 CDT 2017
April 24
SOLOMON ISLANDS:
Mayor calls for reintroduction of death penalty
Honiara City Mayor Andrew Mua has called on legislators to reintroduce the
death penalty into the Solomon Islands.
In light of the barbaric killing of Chinese couple Jimmy and Joy Kwan over the
Easter, Mr Mua said tougher laws could help prevent murders.
"I call on the government through its judicial arm to review its laws to bring
tougher penalties to these kinds of people," he said at the rally to condemn
the murders on Sunday.
"Policy makers must re-look at bringing tougher laws to deter such barbaric
killings in the near future."
The Solomon Islands formally abolished the death penalty in 1978.
(source: sibconline.com.sb)
AUSTRALIA:
Long Bay Jail reformed women before men swung from gallows
The execution of murderer and thief James Wilson, the 1st of 9 men to hang from
gallows at Long Bay Gaol almost a century ago, attracted little public
sympathy, and no agitation to spare his life.
Weeks later pleas for clemency delayed the execution of child murderer
Christian William Benzing, the 2nd to drop from a rope suspended from a steel
girder over an iron trapdoor outside cells 47 and 48.
Days before Benzing's scheduled execution, Labor politicians Simon Hickey and
Percy Brookfield appealed to acting Labor premier George Fuller, arguing that
Benzing, wounded while serving in Gallipoli, suffered epileptic fits and
sometimes could not recall or be responsible for his actions.
Fuller called 2 cabinet meetings, but after two doctors working at Sydney
asylums reported they could find no evidence to support the arguments of Hickey
and Brookfield, who in March 1921 was himself murdered by "deranged Russian
emigree" Koorman Tomayoff at Riverton railway station in South Australia,
Fuller advised "the Cabinet had decided that the law should take its course".
Benzing, 22, convicted of "violation" causing the death of Dorothy Myra Small,
aged 10, near her home at Rocky Point Rd, Rockdale, on January 12, 1917, hanged
on the morning of June 16, 1917.
Long Bay Gaol at Malabar, built to replace Darlinghurst Gaol, opened as a State
Reformatory for Women in 1909. When a State Penitentiary for Men opened
alongside in 1914, Darlinghurst was refashioned as a World War I interment
camp.
Opened in 1840, Darlinghurst had 76 criminals hanged by 1914, many witnessed by
crowds outside the jail's Forbes St entrance, where the condemned were paraded
on a platform above the gate.
The 1st hanging at Long Bay was on May 31, 1917, when Wilson walked three
metres from his cell to the new scaffold in the northeastern section of the
penitentiary. Wilson, a member of the controversial "revolutionary industrial
union" International Workers of the World, or Wobblies, was convicted for the
murder and robbery of Greek cafe owner George Pappageorgi in George St,
Haymarket, on April 5, 1916, probably by strangling him with a rope before
breaking open the cash register.
Wilson was arrested months later for another offence. While at Tamworth Gaol,
Wilson was among a group who attacked and killed a warder, then climbed a wall
to escape. Recaptured, while in jail he was charged with Pappageorgi's murder
when one of his finger prints was found on the cafe cash register. Wilson
pleaded guilty in Sydney Central Criminal Court on March 1917, after a justice
told him evidence might reduce the charge to manslaughter.
Apparently "resigned to his fate", at 9am on Thursday, May 31, Wilson was taken
to the gallows where prison warders pinioned his arms and placed a white cap
over his head as the rope was adjusted. Seconds later "the lever was released,
the trapdoor flew open, and the condemned man dropped. After being allowed to
hang for the regulation 20 minutes", a doctor examined his body.
William Moxley was hanged at Long Bay Jail in 1932 for the murder of Dorothy
Denzel and Frank Wilkinson.
The most recent executions in NSW had been at Bathurst Gaol on December 20,
1916, when fellow IWW members Frank Franz and Roland Nicholas Kennedy hanged
for the murder of Tottenham police Constable George Duncan in September 1916.
The next execution at Long Bay was in April 1924, when Edward Williams hanged
for the murder of his daughter Rosalie, 5, in February 1924. In December 1924
William Simpson hanged for the murder in June 1924 of Guy Chalmers Clift.
William Moxley hanged in August 1932 for the murders of Dorothy Denzel and
Frank Wilkinson in April 1932, and Edwin Hickey, 18, died in May 1936, after
pushing Montague Henwood from a train during a robbery near Linden in 1935.
James Massey hanged in June 1936 for fatally shooting Norman Stead during a
service station holdup at Darlinghurst in February 1936. Alfred Spicer died in
May 1938 for the murder of Marcia Hayes, 6, at Windsor on Christmas Eve, 1937.
Edwin Hickey was the youngest person to hang at Long Bay Jail, aged 18 when he
died in 1935.
The last to drop from Long Bay gallows was John "Jack" Kelly, whose sentence
for a bloody murder that shocked a sleepy New England town in February 1939
sparked fierce debate about capital punishment.
A drunken Kelly hit Marjorie Constance 'Connie' Sommerlad, 35, on the head with
an axe at her family's property at Tenterfield, where Kelly worked as a
farmhand. Kelly, 24, who had served time for abducting a young girl, fled to
Brisbane where he was arrested a day later. He admitted killing Connie after
she rebuked his advances.
Kelly, executed on August 24, 1939, was the last person to hang in NSW, where
the death penalty for murder was abolished in 1955, although it remained for
treason and piracy until 1985. The state handed down 3171 capital convictions
from 1788-1954, with almost 1/3 resulting in execution.
(source: The Daily Telegraph)
CHINA----execution
Double murderer executed in southwest China after change of plea fails----Chen
Quansong confessed to killing 2 young girls in 2014, but later claimed he said
this under duress
A man in southwest China who was convicted of killing 2 girls was executed on
Saturday after the execution was called to a halt earlier this year.
Chen Quansong, 30, was found guilty of killing 2 high school girls on a
mountain in Shiqian county, Guizhou province in January 2014. Chen defiled the
corpse of one girl and left their bodies in the woods and bushes, the Supreme
People's Court said.
The Intermediate People's Court in Tongren conducted the execution, the Supreme
People's Court said. The execution had been halted for about 3 months.
Chen confessed to the killings after his arrest in March 2014. But he later
retracted his confession, saying during the 1st trial that he had not killed
anyone. He said he was threatened and abused under interrogation and forced to
sign a confession. Despite withdrawing his confession, Chen was convicted of
intentional homicide and the high court of Guizhou upheld the death sentence in
February 2016.
The execution was halted in January upon a petition from Chen's lawyer,
mainland news portal Thepaper.cn reported.
(source: South China Morning Post)
*************************
China's top court cautiously imposes death penalty: expert
SPC cautiously imposes death penalty: expert
The man convicted in a high profile murder and rape case in Southwest China's
Guizhou Province was executed on Saturday after the country's top court
completed a three-month review of the death sentence verdict.
Law experts said the top court's probe and review prove that China is becoming
more discreet when enforcing the death penalty.
Chen Quansong was scheduled to be executed on January 23 after China's Supreme
People's Court (SPC) reviewed the death penalty, Chen's attorney told news site
thepaper.cn.
But the execution was cancelled on the day without elaborating why, and the SPC
launched a new investigation over the case.
After 3 months of further investigation and proof, the SPC resumed its decision
of the death sentence on Chen, and Chen was executed for homicide on Saturday.
Chen, 30, was convicted of murder after he killed 2 young women surnamed Wang
and Xian in January 2014 in Shiqian county, Southwest China's Guizhou Province.
Chen then raped Wang's corpse and covered the 2 bodies with tree branches.
"The case shows that SPC tries to clear any doubts over imposing the death
penalty and ensuring it is cautiously used," said Mo Shaoping, a law professor
at the Central University of Finance and Economics.
"China has been increasingly cautious toward the use of the death penalty after
the SPC gained review rights on death penalty cases in 2007, and in 2011 the
court reduced the types of crimes covered by the death penalty from 68 to 55,"
Mo added.
(source: Global Times)
IRAN----executions
Mass Execution of Eight Inmates in Prison; Another Prisoner Executed in Public
On April 22, the mullahs' antihuman regime hanged a young 21 year old man in
public. It also sent eight prisoners to the gallows collectively in Gohardasht
prison of Karaj. One of the executed was Mohsen Babai, 29 and a B.A. in
accounting. He was married and was popular among other prisoners for his
personality and humane behavior. A number of those executed had been previously
taken to solitary cells and taken to the gallows several times. A number of
political prisoners have gone on hunger strike to protest such brutal
executions.
On April 20, another prisoner was hanged in Boroujerd prison after 8 years in
prison. Execution of 3 prisoners in Shiraz and Tabriz prisons on April 18, and
execution of another inmate on April 16 in central prison of Bandar-Abbas are
among other crimes of the regeime during recent days.
Recourse to the death penalty, especially mass executions, is taking place on
the eve of elections in order to intensify the atmosphere of intimidation.
Iranian Resistance calls on the Iranian people, particularly the brave youth to
protest against this medieval punishment and to express their solidarity with
the families of the executed.
Any engagement of the international community with the mullahs' regime has to
be conditioned upon improvement of human rights situation, especially stoppage
of executions.
(source: Secretariat of the National Council of Resistance of Iran)
************
1 Public Execution in Northern Iran
1 man was hanged publicly in the city of Babol Saturday morning April 22,
reported the state run Iranian news agencies.
The state controlled YJC news agency reported that the 21 year old man was
identified as H.R. sentenced to qisas death penalty (retribution).
H.R. was covicted of murdering another man identified as R. F. 1,5 years ago.
The family of the murder victim and some officials were also present during the
public execution.
**********************
Drug-Related Executions and Possibility of Change in Legislation in Iran----In
addition, even if the bill is passed and approved there is no guarantee that it
will lead to a significant reduction in the number of drug-related executions.
The bill doesn't address the issue of due process at all
According to Iran Human Rights' (IHR) annual report on the death penalty in
Iran at least 530 people were executed in 2016. With 296 executions Drug
offences accounted for the majority of executions in 2016. In 2016, the Iranian
Judiciary's High Council of Human Rights stated in a report that 93% of all
executions are based on drug-related charges. This is not true. Drug offences
counted for 48% of executions in 2013, 49% in 2014, 66% in 2015 and 56% in
2016. of those executed were charged for drug offences.
Drug-related executions, and the new legislation proposed by the Iranian
Parliament, Majles, will be briefly reviewed in the following sections.
Drug offences count for more than 50% of executions in Iran and the majority of
the death sentences issued by the Revolutionary Courts. Reports collected by
IHR show that those arrested for drug offences are systematically subjected to
torture during the weeks after their arrest. Often, they have no access to a
lawyer while in detention and by the time the lawyer enters the case they have
already "confessed" to the crime. Trials at the Revolutionary Courts are often
very short and there is little the lawyer can do. In addition, most of those
executed for drug offences belong to marginalized groups in the Iranian
society.
This last point has been emphasized by several Iranian officials, including
Mohammad Bagher Olfat, one of the deputies of the Head of the Judiciary, who
told an Iranian news agency: "It is important to note that the individuals who
are being executed are not the main drug traffickers, because the main drug
traffickers are not involved in the shipment of drugs. Normally, the drugs are
sold cheaply to individuals who do not have sufficient financial income".
The Current Anti-Narcotics Law and the new bill proposed by Parliament
The current Anti-Narcotics Law requires the death penalty for the 4th
conviction for drug-related offences in several instances including: planting
opium poppies, coca plants or cannabis seeds with the intent to produce drugs;
smuggling more than 5 kilograms of opium or cannabis into Iran; buying,
possessing, carrying or hiding more than 5 kilograms of opium and the other
aforementioned drugs (punishable on third conviction); smuggling into Iran,
dealing, producing, distributing and exporting more than 30 grams of heroin,
morphine, cocaine or their derivatives.
In December 2015, the official Iranian media announced that 70 members of
Iran's Parliament signed a proposal for a change in legislation in order to end
the death penalty for drug offences. After the Parliamentary elections in early
2016, the call for a change was followed up and in October 2016 the Iranian
media announced that 150 of the 290 members of Parliament (Majlis) has signed
the bill. At that time, Deputy Jalil Rahimi-Jahanabadi, a member of the Majlis
Legal and Judicial Committee, told the Iranian Students News Agency (ISNA): "In
essence, we are proposing to add an amendment to the current law for fighting
drugs to say the death penalty would apply only if certain conditions were met,
such as carrying and using a gun, or being an international drug kingpin, or
having a commuted death sentence and repeating the crime".
Although the details of the new proposal have not been published, based on the
information in the Iranian media if the new bill is approved the death penalty
will be removed for some drug offences unless offenders were armed while
carrying drugs or if they had been imprisoned for more than 10 years if the
case is related to organized crime, or in cases where larger amount of drugs
are involved.
However, it is not clear whether the new bill will be approved by the powerful
Guardian Council which has to approve all new laws. It is not clear either
where the Expediency Council stands in this matter. Iran's Expediency Council
has amended the country's anti-drug-trafficking law several times: in 1988,
1994 and 2001. The last amendment decreed that being in the possession of more
than 30 grams of crystal meth was the same as the possession of heroin, and was
punishable by the death penalty. The Judiciary has also sent mixed signals
regarding the new bill. In October 2016, Ayatollah Sadegh Amoli-Larijani told
the Iranian media that: "Executions are not necessarily desirable, but
narcotics are a great detriment to society and also shatter families. We have
no choice but to confront the issue quickly, swiftly, firmly, and decisively.
We want prosecutors in the country not to hesitate in implementing the (death)
sentences," said Amoli Larijani. "We should not wait 3 years (before carrying
out the execution sentences), until the prisoner learns how to pray in order to
get amnesty...It is offensive to say that the death penalty is ineffective. If
it wasn't for the strictness of the Judiciary, the situation would be much
worse."
In addition, even if the bill is passed and approved there is no guarantee that
it will lead to a significant reduction in the number of drug-related
executions. The bill doesn't address the issue of due process at all. As
mentioned earlier in this section, lack of due process is probably the biggest
reason for the high number of drug-related executions in Iran as large number
of the death sentences for drug charges are solely based on confessions
extracted under torture.
Another factor determining the fate of Iran's drug-related death penalty policy
is the international pressure. So, international pressure from Iran's dialogue
partners, EU in particular, must be even more focused on the issue of the death
penalty and specific demands must be raised with regards to the issue of due
process and the dissolving of the Revolutionary Courts.
Drug-related Executions
At least 296 people were executed for drug-related charges in 2016. This counts
for more 56% of all executions carried out in that year. The number is lower
than the annual executions for drug offences in the last six years. But as
mentioned in previous sections, there is no indication that the relative
reduction is due to a change in Iran's death penalty policy. In the following
sections we will set out the execution trends and geographic distribution of
drug-related executions. Finally, we will provide an update on the cooperation
between the United Nations' Office for Drugs and Crime (UNODC) and the Iranian
authorities in fighting drug trafficking.
More than 2,990 people were executed for drug offences between 2010 and 2016.
The numbers for 2016 are lower than the average of the last 6 years. However,
Iran remains the country with the highest number of drug-related execution per
capita. *The number for 2015 is updated due to confirmation of 3 new execution
cases in that year.
Geographic Distribution of Drug-related Executions in 2016 The prisons of
Karaj, in particular Ghezelhesar, where prisoners from Tehran/Karaj area are
held, had the highest number of drug-related executions. The most significant
decrease compared to 2015, was also observed in the prisons of Karaj. In 2015
at least 231 people were executed in the prisons of Karaj. As in the previous
year, the Central Prison of Urmia (northwestern border) also had a high number
of drug-related executions. Most of the executions were not announced by the
official media.
(source for both: iranhr.net)
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