[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Wed Feb 8 08:14:51 CST 2017





Feb. 8



RUSSIA:

Russian opinions on death penalty split evenly, poll shows


Just over 40 % of Russians have told researchers that they wanted the 
moratorium on death penalty lifted and an equal share of respondents have said 
that they wanted it to remain in place.

Independent public opinion research center Levada reported on Wednesday that 
its latest poll had uncovered a major split in the Russian society over the 
death penalty controversy. According to the research 44 % of Russians want the 
death penalty returned.

Of these, 32 % said that in their opinion death penalty should be used under 
the same rules that existed in the 1990s, before the moratorium. 12 % said that 
they wanted the use of death penalty expanded.

At the same time, 41 % of respondents said that they were against death penalty 
- 25 % said that Russia must maintain the moratorium and 16 % think that the 
authorities should take one more step and abolish it from the legislation.

15 % of respondents said they did not have any opinion on the issue.

Researchers also noted in their release that the public attitude towards death 
penalty had not changed greatly over the past years. In 2015 the share of those 
who supported it was 41 % and 44 % opposed this measure.

Levada Center's deputy director Aleksey Grazhdankin said that the slightly 
growing opposition to the death penalty must be connected with the falling 
crime rate. "Before, our citizens have hoped that harsh punishment would help 
to fight crime, but in the 2000s the crime rate decreased and so did the public 
worriedness. This caused the public sympathy towards repressive measures to 
decrease," he said.

The moratorium on capital punishment was introduced in 1996 in connection with 
Russia's entry into the Council of Europe. The last execution in the Russian 
Federation took place on September 2, 1996.

Politicians and officials have raised the issue of re-introducing the death 
penalty from time to time usually for populist reasons. Many Russian 
politicians and officials have raised the issue of canceling the moratorium, 
especially after terrorist attacks or other brutal crimes that attract public 
attention. However, the country's top authorities have so far refused to 
introduce any changes to the situation, claiming that the question was too 
complex.

In mid-January the head of the Lower House Committee for Legislative Work, 
Pavel Krasheninnikov, said that he personally wanted the Criminal Code to be 
"cleansed" of any mentioning of death penalty, because this punishment can be 
neither ordered nor applied.

(source: rt.com)






PHILIPPINES:

Solons won't allow arm twisting on death penalty debate: Atienza

2 party-list lawmakers on Wednesday criticized Speaker Pantaleon Alvarez for 
threatening leaders to replace deputy speakers and committee chairmen who are 
against the revival of the death penalty.

Buhay Party-List Rep. Lito Atienza said there are still men and women in the 
Lower House with integrity who will stand by their principles and not allow 
themselves to be forced into supporting the proposed reimposition of the death 
penalty.

"This is a sad day for the 17th Congress. If Speaker [Pantaleon] Alvarez is 
twisting the arms of his majority, then he is committing a very serious mistake 
in doing that because he is now trampling on the principles of each member of 
his majority," Atienza said.

The House Speaker on Wednesday threatened to replace deputy speakers and 
committee chairmen who are against the administration bill.

For his part, Kabayan party-list Rep. Harry Roque insisted that now is not the 
right time to support the death penalty, which he said was very divisive.

"This gives the enemies of this administration the traction that they need. 
This is the worst time to push for the death penalty," Roque said.

He added: "You will drive away our numbers to the enemy if they persist in 
pushing for the death penalty."

Roque explained that if they persist in passing the death penalty law, it will 
be struck down as being unconstitutional.

"Because the Constitution says that treaties form parts of the laws of the 
land," he said.

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

Catholics to march vs EJKs, death penalty


The Filipino bishops' fight against extrajudicial killings and the revival of 
the capital punishment is set to hit a new level as they call on the public to 
go to the streets.

CBCP President Archbishop Socrates Villegas, in a statement, called on the 
faithful to join the "Walk for Life" which will be held on February 18 at the 
Quirino Grandstand in Manila.

"Is it God's will that blood be on our streets? Is it God's will that dead 
bodies of our brothers and sisters be found in our sidewalks? Is it God's will 
that mothers kill the infants in their wombs ? It is not God's will," Villegas 
said.

Since the conclusion of CBCP's 114th plenary assembly last week, the group of 
prelates has released stinging statements denouncing the government's "reign of 
terror" with its alleged hand on extrajudicial killings amid the war on drugs 
and moves to reimpose death penalty for heinous crimes.

"Let us walk for life, let us fill our streets not with blood not with dead 
bodies but with prayer with courage to walk to stand up for life," Villegas 
added.

Reinstating the death penalty was one of the campaign promises of President 
Rodrigo Duterte, a move which he believes would curb criminality in the 
country.

The capital punishment was abolished under the rule of Cory Aquino.

Death penalty was then restored for "heinous crimes" during the Ramos 
government, and it was carried out by the Estrada administration starting in 
1999 with the execution of Leo Echegaray in 1999. This was followed by a long 
moratorium, and in 2006, the Arroyo government abolished the death penalty 
before her visit to then Pope Benedict XVI.

Under some of the bills filed before the Congress, death penalty will be 
imposed on certain heinous crimes such as murder, parricide, carnapping and 
drug-related crimes.

Meanwhile, while the government has denied supporting extrajudicial killings, 
the president himself has repeatedly said that he has no problems in killing 
criminals.

The Philippine Catholic Church's opposition to these issues has earned the ire 
of the president.

Duterte even called the Catholic Church as the "most hypocritical institution," 
even accusing bishops and clerics of corruption and sexual abuse.

(source for both: abs-cbn.com)

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

10 senators oppose death penalty bill


At least 10 senators - 3 short of clear majority -- have expressed opposition 
to the proposal to re-impose death penalty as punishment to heinous crimes, 
Sen. Richard Gordon yesterday.

Gordon, chairman of the Senate committee on justice and human rights, said 
aside from himself, those against the revival of the death penalty are Sens. 
Franklin Drilon, Leila de Lima, Risa Hontiveros, Paolo Benigno Aquino IV, 
Francis Pangilinan, Grace Poe, Ralph Recto, Antonio Trillanes IV and Francis 
Escudero.

Senate President Aquilino Pimentel III has also expressed opposition to death 
penalty but he said he is keeping his options open.

"This one throws a spanner to the woodwork." Gordon said.

13 votes are needed to pass a bill in the Senate.

Gordon said if the measure passes the committee level, Sen. Manny Pacquiao or 
whoever favors the revival of death penalty would sponsor and defend it on the 
floor during interpellation.

Aside from Pacquiao, those who are pushing for the resurrection of death 
penalty are Senate Majority Leader Vicente Sotto III, and Sens. Panfilo Lacson 
and Sherwin Gatchalian.

Gordon also said the Philippines accession to the International Convention on 
Civil and Political Rights during the administration of President Gloria 
Macapagal-Arroyo ties the senators' hands.

Drilon said the ratification of the ICCPR "imposes upon us the obligation not 
to impose the death penalty.

Richard Anthony Fadullon, senior deputy state prosecutor of the Department of 
Justice, said while the country has commitments and respects international 
treaties, the DOJ position in favor of death penalty "is anchored on the 
situation that we have in the country."

"I am not aware if the SOJ (Justice Secretary Vitaliano Aguirre) or the 
undersecretaries have reviewed all the international covenants that we have 
entered into in the past," Fadullon told senators.

He said while the country honors international treaties, "but at the same time 
it should not lose track of the fact that there are certain means which are 
peculiar to our country that we have to look into."

However, he admitted that there is no way the country could withdraw from the 
treaty as there is no "opt out" provision in the agreement.

This prompted Gordon to suspend the hearing until the DOJ could submit its 
position paper on death penalty in relation with ICCPR.

Gordon said the DOJ is expected to submit its position paper next month "which 
we will determine whether the position is valid or not."

Drilon said the Philippines would risk isolation from the international 
community if it re-imposes the death penalty law because of the country's 
commitment to ICCPR.

Aguirre said the planned reimposition of death penalty would not violate the 
country???s international obligation as the 1987 Constitution, which allows 
capital punishment, is higher than international treaties.

He referred to Article III, Sections 1 and 9 in the Constitution which allows 
Congress to impose capital punishment on heinous crimes.

Also, during the 69th UN General Assembly last December 2014, the Philippines, 
along with 95 other countries co-sponsored a resolution calling for a universal 
moratorium on the death penalty and reiterated its position when it signed a 
joint declaration the following year in commemoration of the 4th World Day 
Against the Death Penalty.

The death penalty in the country was abolished in 2006 with the signing of then 
President Arroyo of Republic Act 9346 (An Act Prohibiting the Imposition of the 
Death Penalty in the Philippines), which repealed Republic Act 7659 or the 
Death Penalty Law passed during the time of former president Fidel Ramos.

The DOJ chief also said there is no truth that the death penalty has a 
disproportionate impact on the poor as claimed by Sen. Risa Hontiveros.

(source: malaya.com.ph)

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

Farinas warns: Don't use quorum to delay death penalty debate----House Majority 
Leader Rodolfo Farinas makes the warning on the day House justice panel 
chairperson Reynaldo Umali is expected to sponsor the controversial measure


House Majority Leader Rodolfo Farinas warned congressmen opposing the 
reimposition of death penalty that if they continue questioning session 
attendance as a delaying tactic, the House leadership will terminate the debate 
on the capital punishment bill.

The Ilocos Norte 1st District Representative made the warning on Tuesday, 
February 7, the day House justice panel chairperson Reynaldo Umali is expected 
to sponsor House Bill (HB) Number 4727 for second reading.

Assistant Majority Floor Leader Cristina Roa-Puno made the motion for the 
plenary to continue considering the proposed death penalty bill.

But Buhay Representative Lito Atienza argued that they have yet to check the 
attendance for the day. The Rules of the House state that congressmen "shall 
not transact business without a quorum."

Farinas then said that the House leadership is already accommodating the 50 
lawmakers who want to interpellate the sponsors of HB 4727.

"In fact, the leadership is accommodating the 50 by starting the debates 
already. But if they want to have strict quorum only to be able to discuss 
this, then we will not have enough time to accommodate all the 50," said 
Farinas.

"I wish to cite to them our rule regarding debates. When it comes to debates on 
any matter, when 3 [in] favor have spoken and 3 anti or against have spoken, we 
can move to close the period of debates," he added.

Deputy Speaker Mylene Garcia-Albano then temporarily suspended the session for 
25 minutes as more congressmen were urged to arrive at the plenary hall.

A total of 217 lawmakers were present, constituting a quorum.

Umali was then called to deliver his speech to sponsor the controversial death 
penalty bill.

No less than President Rodrigo Duterte is supporting the return of capital 
punishment, which he argued would be a way to exact payment for the victims of 
heinous crimes.

Umali said he is eyeing the passage of HB 4727 on 3rd and final reading by the 
end of the first regular session of the 17th Congress.

The Philippines was the 1st Asian country to abolish the death penalty under 
the 1987 Constitution. It was reimposed during the administration of former 
President Fidel Ramos to address the rising crime rate. It was eventually 
abolished in 2006, under the presidency of Gloria Macapagal-Arroyo.

The Catholic Church, human rights groups, and some lawmakers have objected to 
the reimposition of capital punishment, saying it is not a deterrent to crime.

(source: rappler.com)

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

Senate hearing on death penalty hits snag


Efforts to revive the death penalty in the country hit a snag yesterday at the 
Senate, as senators warned of serious repercussions on the Philippines' global 
trade deals and possible violation of international rights treaties to which 
the country is a signatory.

Sen. Richard Gordon, chairman of the committee, suspended further hearings on 
the proposal until the Department of Justice (DOJ) comes up with a good legal 
justification that the Philippines would not violate any international treaty 
if it revives the death penalty.

One such treaty is the Second Optional Protocol to the International Covenant 
on Civil and Political Rights (ICCPR), which committed the country not to 
impose the death penalty.

"It would not look good for a nation who signs a treaty to leave it, especially 
if it is the ICCPR or International Humanitarian Law," Gordon said. "But let's 
see if we can abandon the treaty and proceed to what we want to do."

The suspension came after the 1st hearing on death penalty bills for heinous 
crimes filed by Senators Joseph Victor Ejercito, Sherwin Gatchalian, Panfilo 
Lacson and Manny Pacquiao.

Gordon and Sens. Frank Drilon, Leila de Lima and Paolo Benigno Aquino IV raised 
the issue on the country's treaty obligations, as well as possible 
repercussions on trade agreements with countries or economic blocs against the 
death penalty.

The senators pointed out that under the Constitution, international law forms 
part of the country's legal obligations.

(source: philstar.com)






IRAN:

Urgent Action


IRANIAN ACADEMIC COULD BE SENTENCED TO DEATH

Iranian academic specializing in disaster medicine Dr Ahmadreza Djalali, a 
resident of Sweden detained in Iran since 25 April 2016, has been threatened 
with the death penalty. He has been on hunger strike since 26 December 2016 in 
protest at his detention.

Write a letter, send an email, call, fax or tweet:

* Calling on the authorities to release Ahmadreza Djalali unless he is charged 
with a recognizable criminal offence, in line with international law and 
standards, ensuring that he is not targeted for peacefully exercising his 
rights to freedom of expression, association and assembly;

* Urging them to ensure he has access to a qualified health professional who 
can provide health care in compliance with medical ethics, including the 
principles of confidentiality, autonomy and informed consent;

* Calling on them to ensure that, pending his release, he is protected from any 
punishment for his hunger strike, including prolonged solitary confinement, 
which may amount to torture;

* Urging them to ensure that he has regular access to a lawyer of his choice 
and to his family, including facilities to communicate with those living 
abroad, and requesting them to grant Swedish consular access to him.

Contact these 2 officials by March 21, 2017:

Important note: Please do not forward this Urgent Action email directly to 
these officials. Instead of forwarding this email that you have received, 
please open up a new email message in which to write your appeals to each 
official. This will help ensure that your emails are not rejected. Thank you 
for your deeply valued activism!

Head of the Judiciary

Ayatollah Sadegh Larijani

c/o Public Relations Office

Number 4, Deadend of 1 Azizi

Vali Asr Street, Tehran, Iran

Salutation: Your Excellency

Office of the Supreme Leader

Permanent Mission of the Islamic Republic of Iran to the United Nations

622 Third Avenue, 34th Floor

New York, NY 10017

Fax: (212) 867-7086
Phone: (212) 687-2020
Email: iran at un.int

Ayatollah Sayed 'Ali Khamenei

Salutation: Your Excellency

(source: Amnesty International)



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