[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Feb. 23




PHILIPPINES:

'Thou Shall Not Kill': Lawyers say death penalty endangers the poor


Lawyers here expressed their objection to the re-imposition of the death 
penalty in the country, saying that it would endanger and a disadvantage to the 
poor because of the "corrupt" criminal justice system in the Philippines.

Speaking in a forum titled "Thou Shall Not Kill: A Forum on Death Penalty" held 
at the Ateneo De Davao University Wednesday, Atty. Arnold Abejaron, executive 
secretary of the Ateneo De Davao University Community Engagement and Advocacy 
Council, warned that the imposition of death penalty would be "dangerous."

"We see it always in the news. We have policemen who are experts in fine arts, 
good in [making up scenarios]) or studied agriculture, meaning good [in 
planting evidence])," Abejaron said.

Abejaron also suggested looking into preventing the crime from being committed, 
saying that many of those who have committed heinous crimes experienced abuses 
in their childhood.

"The best way really is to address the issue. How do we prevent kids or future 
adults from committing crimes? That is looking at how we reduce abuses in the 
family, because many of those who got into crimes have actually been victims of 
abuse when they were children," Abejaron said.

For his part, Atty. Ray Paolo Santiago, executive director of the Ateneo Human 
Rights Center, supported Abejaron's claim, saying most of those who are 
languishing in jail are poor and could not afford to hire the best lawyers.

"This is not to say that those who come from the Public Attorney's office are 
not good, they are one of the best. But imagine the public attorney who is a 
government lawyer, pitted against a private lawyer who is solely handling maybe 
a big case. And then you have a public defender who is handling hundreds of 
other cases. You divide the time that you can allot," Santiago said.

Santiago also noted the corruption present in the concerned agencies which 
further made a poor man's task of defending oneself in court harder.

"In the justice system, there are different levels. [For example], you have a 
good law enforcer, a good policeman; gathers all the evidence. And then you 
have a corrupt prosecutor, what would happen? You have money? Okay I will 
dismiss the case. Let's not fool ourselves, because that does happen," Santiago 
said.

"It is a reality that those who have lesser in life, have difficult 
opportunities in defending themselves," Santiago added.

When asked about the implications of the re -imposition of the death penalty 
and the International Covenant on Civil and Political Rights of which the 
Philippines signed as a State Party in 1966, Santiago it will be up to the 
Supreme Court to settle the matter.

"Atty. Arnold mentioned that it's embarrassing, particularly the implications 
internationally. However, we both agree that the President can actually do so," 
Santiago pointed out.

"If congress insists, and then the president signs it into law, the next battle 
there, is not the international community, it's going to the Supreme Court. The 
court will now rule whether the re imposition is valid or not under Philippine 
law," Santiago said.

(source: davaotoday.com)

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

Democracy 'killed' in railroading of death penalty, say solons


Democracy was the 1st casualty of the death penalty.

This was the sentiment of anti-death penalty lawmakers on Thursday after the 
House of Representatives leadership railroaded the bill reimposing capital 
punishment when it closed the plenary debates.

In a press conference at the House of Representatives, Northern Samar Rep. Raul 
Daza said the House leadership "killed democracy" when it moved to close early 
the period of sponsorships and debate, and approved the amendments to the bill 
during the session Wednesday night.

Daza attended last night's session and opposed the move to close the debate, 
citing Section 54 of Rule X of the House Rules.

Daza then said closing the debates was improper because the rule allows for the 
traditional turno en contra wherein speeches for and against a measure are 
made.

Daza said that interpellations do not fall under speeches because the questions 
propounded may be adversarial or friendly.

In a statement, Act Teachers representative France Castro said democracy was 
killed in yesterday's railroading

"It was disappointing for me, as a neophyte legislator, to witness democracy as 
the 1st in line on this administration's death row," Castro said.

Act Teachers Rep. Antonio Tinio also slammed the House leadership's "blatant 
disrespect" toward other lawmakers who would wish to interpellate the bill 
under 2nd reading.

"This is a blatant disrespect to the long list of legislators who lined up to 
register their constituents' views on the matter," Tinio said in a statement.

"It is definitely unacceptable to railroad the passage of the death penalty 
bill because for burning issues such as this, congressional deliberations are 
not just for its members alone - they are also for the people. Due to the 
utmost seriousness of the proposal and the public nature of our sessions, 
Congress owes it to the Filipino people to conscientiously discuss the issue at 
hand," he added.

Castro said the railroading shows that the House leadership is willing to bend 
its own rules to railroad the bill.

"This railroading reveals that they are willing to bend their own rules just to 
stifle the important debate. We were about to demonstrate why the proposal 
violates not just international law but our very own Constitution, and why it 
is anti-poor, historically a tool of state repression, prone to abuse and 
definitely not an effective deterrent to criminality," Castro said.

Opposition figure Albay Rep. Edcel Lagman said the 17 lawmakers who are still 
listed to interpellate the sponsors of the bill "have been rammed down in the 
wake of the House leadership???s railroading of House Bill No. 4727 seeking the 
reimposition of capital punishment."

"The gagging or muzzling of legislators is anathema to a democratic 
institution," Lagman said in a statement.

Lagman also branded as invalid the amendments to the death penalty bill as 
crafted by the majority leader.

Lagman said the substitute bill was "improper and invalid" because these 
amendments were not approved by the House justice committee in a meeting called 
for that purpose.

"Whether the death penalty bill will be sent to the gallows or will be 
sanctified as an act of the House may be seen next week as the train of death 
accelerates its speed towards an ominous terminal," Lagman said.

For his part, Ifugao Rep. Teddy Baguilat called for another "people power" to 
express indignation against the House leadership's railroading of the 
restoration of the death penalty.

"People power may not necessarily mean these days as going to EDSA but standing 
up for what is right and the right to express it. If it is the position of the 
Congressmen to vote against the proposed measure, then they must have the free 
will to carry that vote next week and not be treated as puppets," Baguilat 
said.

He lamented the seeming "specter of martial law" in Congress led by President 
Rodrigo Duterte's right hand man, Speaker Pantaleon Alvarez.

"Because of pressure from the Speaker and house leaders, those who are voting 
'no' because of their personal convictions based on their faith and ideological 
persuasions are now being forced to toe the administration line," said 
Baguilat.

"It is like martial law, legislation no longer becomes a deliberative process," 
he added.

On Wednesday evening, the House of Representatives closed the period of plenary 
debate on the bill reimposing the death penalty less than a month after it 
reached the plenary.

Lawmakers managed to railroad the bill by voice voting despite opposition from 
anti-death penalty lawmakers Lagman, Daza and Buhay Rep. Lito Atienza.

Deputy majority leader Pampanga Rep. Juan Pablo Bondoc signaled to the 
presiding Deputy Speaker Aambis Owa Rep. Sharon Garin to bang the gavel in 
voting by voice to approve the amendments to the bill, while ignoring the 
opposition of other lawmakers.

The amendments to the bill came in the form of amendments by the majority 
leader Rudy Farinas.

The bill reached the plenary only on Feb. 1, and was subjected to sponsorship 
and debate for not more than 10 session days.

There were only 7 lawmakers who interpellated the bill that spanned 5 to 6 
days.

After the lawmakers voted to approve the amendments by the majority leader, 
session adjourned, signaling the period of individual amendments next week, 
when members would be allowed to propose and vote on the amendments to the bill 
during session.

Lagman said the vote was out of order because the justice committee has not met 
to approve the amendments.

"These so called amendments are improper, invalid and possibly illegal because 
they do not have the concurrence of the committee on justice, which did not 
hold a meeting," Lagman said.

Lagman appealed to members to allow for more time to debate on the bill.

"We should not be railroading this important measure, although it's a 
retrogressive bill, because the hallmark of a deliberative assembly like this 
honorable chamber, to give free rein to extensive debates so that differing 
positions can be heard," Lagman said.

But his plea fell on deaf ears.

The plenary voted to approve the motion to close the period of sponsorship and 
debate, and to approve the amendments by the majority leader, paving the way 
for the period of individual amendments.

Only after the bill is amended during session can it be approved under 2nd 
reading.

The bill will then proceed to 3rd reading approval once calendared again on the 
floor, where lawmakers would be allowed to explain their vote under nominal 
voting.

In Farinas' amendments, the death penalty will be limited to treason, rape with 
homicide, rape of a minor, rape committed by law enforcement officer, plunder, 
and drug-related offenses (except possession of drugs, which is punishable with 
life imprisonment).

Farinas' amendments also include a provision allowing church officials and 
civic rights groups to assist a person accused of a heinous crime.

Under the amended bill, a fiscal or prosecutor would furnish copies of the 
charge sheet to the Commission on Human Rights, the Integrated Bar of the 
Philippines, the Free Legal Assistance Group, and all religious groups.

This would enable these groups to monitor all death penalty cases.

The amended bill would also require the Public Attorney's Office and the Office 
of the Solicitor General to assign senior lawyers in handling the automatic 
review of appealed cases involving death penalty.

(source:newsinfo.inquirer.net)

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

House ends death penalty debates ahead of schedule


The House of Representatives ended the plenary debates on the revival of the 
death penalty Wednesday evening - after 7 session days and hearing only 7 of 
the 25 lawmakers who wanted to interpellate the bill's sponsor.

In closing the debates, House Deputy Majority Leader Rimpy Bondoc cited House 
Rule Section 54 which stated that the debate could be closed after 3 speeches 
in favor and 2 against.

The period of sponsorship and debates began February 1 - and was originally 
expected to last until the end of the month or early March.

The voting is now set on Tuesday, February 28, instead of the initial schedule 
of March 8.

After the termination of the debates, the period of amendments was opened and a 
substitute bill was adopted after a viva voce vote or voting by saying ayes and 
nays.

Those against the bill repeatedly raised point of orders by citing 
irregularities in parliamentary procedure.

Bill critics also repeatedly questioned the presence of quorum.

Albay Rep. Edcel Lagman also insisted that the substitute bill was invalid and 
illegal because it was not approved by the Justice committee.

Buhay Party-list Rep. Lito Atienza also asked for a nominal voting after the 
viva voce vote on the substitute bill because he insisted the voices of those 
against were louder.

However, presiding officer Sharon Garin rejected all motions of the opposition.

Substitute bill

The substitute bill, composed of amendments agreed upon by the majority bloc, 
lists down 4 crimes punishable by death.

--treason

--plunder

--rape with homicide, rape of a minor, and rape committed by law enforcement 
officers

--drug-related crimes, such as the importation, sale, trading, administration, 
dispensation, delivery, distribution, transportation, manufacture of dangerous 
drugs and maintenance of a drug den

Possession of drugs has been removed from the list of crimes punishable by 
death, as well as carnapping, kidnapping, and qualified bribery.

The substitute bill says the death sentence may be carried out either by 
hanging, firing squad, or lethal injection.

It also has safeguards to ensure the rights of the accused: like requiring the 
provincial or city prosecutor to furnish copies of the information of a case 
involving a heinous crime to the Commission on Human Rights, the Integrated Bar 
of the Philippines, and the Free Legal Assistance Group.

The bill also requires the Office of the Solicitor General (OSG) and the Public 
Attorney's Office (PAO) to convene a special panel to conduct a thorough review 
of the case once a judgment of conviction with a penalty of death has been 
rendered by a Regional Trial Court. The OSG and PAO may also recommend to the 
Office of the President the suspension of the execution.

(source: cnnphilippines.com)

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

'SC last battleground to stop death penalty reimposition'


The Catholic Bishops Conference of the Philippines on Wednesday said the last 
battleground to stop the reimposition of the death penalty would be the Supreme 
Court should Congress approve its reimposition.

CBCP Commission on Prison Pastoral Care Executive Secretary Rodolfo Diamante 
said anti-death penalty advocates would not give up easily if the controversial 
measure would be passed into law.

"We will go to the Supreme Court. We will exhaust all these legal means 
available because we believe that it [its reimposition] is unconstitutional. It 
is cruel. It is inhumane," Diamante said.

In a related development:

-- House Majority Leader and Ilocos Norte Rep. Rodolfo Farinas said there 
might be no execution under the Duterte administration once the House of 
Representatives passed the death penalty bill, adding the execution of the 1st 
convict might not take place in the next 4 years because of long court 
proceedings.

The CBCP and advocates are now conducting studies to build a strong case 
against the capital punishment.

Diamante said they were considering at least 2 options on how to challenge the 
death penalty before SC - either through death-row convicts or through 
lawmakers who ratified the country's international treaty obligation against 
it.

Diamante said filing the objection against the reimposition of death penalty 
through lawmakers might be more practical since they could easily invoke the 
violation of the country's commitment to the United Nations' International 
Covenant on Civil and Political Rights.

"The argument could be possible since the country has already signed the 
treaty, a senator can easily claim that he/she is affected since he/she was 
among those that ratified it. Therefore, they can file a case before the SC," 
Diamante said.

On the other hand, anti-death penalty advocates can also wait for the "test 
case" involving a death row convict.

"So that the case won't be dismissed, there has to be a victim. In that sense, 
we can do it when a person convicted and penalized with death penalty files a 
case to the SC and say it is unconstitutional," Diamante said.

Aside from the high court, he revealed that another plan was to bring the issue 
to the international community since the Philippines signed the ICCPR.

"We are seeking the opinion of the international community. The Philippines 
cannot simply withdraw unilaterally. It has repercussions. And the 
international community is very active in making pronouncements," he added.

In the House, Farinas said the death penalty bill was among the priority 
measures of President Rodrigo Duterte.

He said if the bill were enacted, it would not have a retroactive effect.

"...because the President has about five years and four months left, so just 
think how long the gestation period of a death penalty case is. It will really 
take time," Farinas said.MP> Reps. Rodolfo Albano III of Isabela, Robert Ace 
Barbers of Surigao del Norte, Ben Evardone of Eastern Samar agreed with 
Farinas.

"That is correct because we have removed the mandatory penalty of death," 
Evardone said.

Paranaque Rep. Gus Tambunting also welcomed the decision of the House 
leadership to keep plunder in the list of heinous crimes under the death 
penalty bill.

"Plunder can kill. It should be included in the list of crimes punishable by 
the death penalty," Tambunting said.

Tambunting stressed that taking a huge some of money "intended for the benefit 
of the Filipino people should be made an offense punishable by death."

The House is scheduled to pass the bill on Feb. 28.

Farinas said the debates on House Bill 4727 would continue. But he said it had 
to be terminated if oppositors to the measure would continue to question the 
quorum.

After the termination of the period of interpellation, Farinas said there would 
be a period of amendments, in which the lawmakers could introduce their 
proposed changes.

>From the 21 heinous crimes, the list was narrowed down to 4 offenses: plunder, 
treason, drug-related offenses and rape.

The proposed measure provides that the judge would be given options on which 
mode to carry out in imposing death: lethal injection, firing squad and 
hanging.

(source: Manila Standard)

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

Society control and death penalty


You would know my toddler is wide awake when you see a messy floor in our small 
living area. He would do everything to get anything within his grasp to satisfy 
his inquisitiveness. Toys and scraps of paper; getting things wet would be a 
common day for this little guy.

Sometimes, my reaction would be to get angry, a normal reaction for a single 
mom like me. To get ideas on disciplining toddlers, I have taken to reading a 
lot, from how to discipline toddlers to anger management issues.

When toddlers commit mistakes, "disciplining" them always follows. Spanking, 
being put in a "naughty chair" or with being made to "face the wall" are common 
modes of punishment. There was an even more extreme punishment I saw on a video 
where a dad punished his daughter by letting her wear an inmate's orange 
uniform to give his daughter a taste of prison.

The government wants to prevent crime by scaring potential criminals with death 
penalty. There is always a compelling reason behind every criminal act. While 
the death penalty may be considered a deterrent so people in this good country 
would think twice before committing a crime, it cannot give justice to 
everyone.

Let us consider the fact that the justice system in the Philippines is very 
congested, resolving cases that would take years, decades even.

Some also claim that judgment by a court only favors the rich and the powerful. 
While the rich pays cash or check, the poor pays with their lives maybe, as 
what others say. This perception do not really describe the whole justice 
system.

But this affects the judiciary. Worse, what would happen if a judge convicts an 
innocent man and gives him the death penalty? Even if a conviction of a 
criminal act is based on proving guilt beyond reasonable doubt, there is still 
that small margin of error.

There is much that this government is doing that is actually stirring our 
morality and even our fundamental human right - to live freely. I hope the 
people of this good country think a lot about what this government plans to do 
in the next years.

I hope the next steps would not intrude on our civil and constitutional rights.

(source: Opinion, Geefe Alba; sunstar.com.ph)






BANGLADESH:

Ramna blasts: Hearing on death reference resumes Mar 14


The High Court today fixed March 14 for resuming hearing on the death reference 
and appeals in the sensational Ramna Batamul carnage case.

If a lower court sentences any person to death in a case, its judgment is 
examined by the HC through hearing arguments for confirmation of the death 
sentence. The case documents and judgment reaches as death reference to the HC 
from the lower court in 7 days after the latter delivers the verdict.

Today, the HC bench of Justice M Enayetur Rahim and Justice Shahidul Karim was 
set to hear concluding arguments from Attorney General Mahbubey Alam on the 
death reference and appeals Ramna Batamul carnage case, as placing arguments by 
both the state and defence counsels has already been finished earlier.

But, the judges fixed March 14 for hearing arguments from the attorney general 
as time has been sought on behalf of him in this regard, Deputy Attorney 
General Forhad Ahmed told The Daily Star.

He also said the HC might conclude the hearing on March 14.

On January 8, the HC started hearing on the death reference and appeals in the 
case.

A Dhaka court on June 23, 2014 handed down death penalty to eight militants of 
Harkat- ul-Jihad-al-Islami (Huji), including its top leader Mufti Abdul Hannan 
Munshi, for killing 10 people in the attack on the Chhayanaut function during 
Pahela Baishakh celebrations at Ramna Batamul in 2001.

6 other militants of the banned Islamist outfit were sentenced to life 
imprisonment for involvement in the blasts.

8 of the condemned accused filed nine separate appeals with the HC challenging 
the trial court verdict on them.

(source: The Daily Star)






VIETNAM:

Ex-officials at Vietnamese firm sentenced to death----Former CEO and sales 
manager at state-owned company found to have stolen millions in country's 
largest embezzlement scandal


A Vietnamese court issued the death penalty Wednesday for 2 former executives 
at state-owned shipbuilding firm Vinashin in the largest embezzlement scandal 
to hit the nation.

Tran Van Liem, the former CEO at the company's Vinashinlines subsidiary and 
Giang Kim Dat, its former sales manager, were sentenced to death by a Hanoi 
court for embezzling $16 million from the firm.

Dat and Liem were found guilty of using their positions to steal assets, 
including conspiring with business partners to fix prices on ships the company 
had acquired in the late 2000s.

As sales manager, Dat received between 2 and 3.75 % on every closed 
transaction.

Tran Van Khuong, Vinashinline's ex-chief accountant, was also sentenced to life 
imprisonment on the same charge while Giang Van Hien, Dat's father, received a 
12-year sentence for money laundering.

All men claimed innocence at their 6-day trial.

Vinashin, which the government had flooded with debt on the expressed hope that 
its shipbuilding prowess would elevate Vietnam on the global stage, had a peak 
debt of $4.5 billion when the scandal emerged in 2010.

The embezzlement was particularly embarrassing for Vietnam when the company 
defaulted on $600 million in foreign loans the same year.

Moody's attributed the fate of Vinashin, which had been funded partially by a 
$750 million sovereign debt issuance, when it downgraded Vietnam's credit 
rating in 2010.

9 officials, including Liem, were convicted of other charges related to the 
scandal in 2012.

Liem had been sentenced to 19 years for failing to stop the embezzlement, 
although he wasn't yet considered one of its chief beneficiaries.

Dat, who fled the country in 2010, had been hiding in several countries on fake 
passports over a 5-year period before being returned in 2015 to face trial.

(source: aa.com.tr)






UNITED ARAB EMIRATES:

Teenager gets death penalty for stabbing man to death in row over football


A 19-year-old Pakistani student has been handed the death penalty for stabbing 
to death a countryman in a row over a football match.

The teenager claimed that he stabbed the victim in self-defence in Bu Taina, 
Sharjah, in August 2015, after the man attacked him with a knuckle duster.

Sharjah Criminal Court heard that the student lashed out with a small knife 
that he brought from his home before fleeing the scene.

The victim, Mohammed Dagher Ahmad, was rushed to Al Kuwaiti Hospital in Sharjah 
with the knife still lodged in his chest and he later died.

Hospital staff reported the incident to Sharjah Police and the student was 
arrested.

At a previous hearing in December last year, family of the deceased refused to 
pardon the killer and demanded the death penalty.

On Wednesday, they got what they wanted but the verdict shocked the teenager's 
father.

"It was kids playing at a football match - there was no premeditated intention 
to kill him. The verdict is harsh, especially because it was self-defence," he 
said. ,P> The father said he will refrain from telling his wife the verdict.

"I will not tell her the verdict now, she will be devastated. We will file for 
appeal and hope that the verdict be overturned and limited to serving time in 
prison instead of the death sentence," he added.

The verdict is subject to appeal within 15 days of sentencing.

(source: The National)