[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

March 6



INDIA:

December 16 gangrape: SC to hear convicts' plea challenging death sentence


The Supreme Court will hear the plea on Monday by the December 16 gang rape 
convicts challenging the Delhi high court's order.

The matter is being heard by the apex court bench headed by Justice Dipak Misra 
and Justices R Banumathi and Ashok Bhushan.

The convicts -- Akshay, Pawan, Vinay Sharma and Mukesh -- have challenged the 
HC order that sentenced them to the gallows after noting it was a rarest of 
rare case.

Earlier, the trial court also had sentenced all the 4 convicts to death 
penalty.

On February 3, SC accepted amicus curiae Raju Ramachandran's submissions that 
there have been violation of procedure with regard to the sentencing of the 4 
convicts. The accused were required to file their affidavits by February 23.

6 people gangraped a 23-year-old physiotherapy intern in a moving bus on 
December 16, 2012. The woman succumbed to her injuries at a Singapore hospital 
on 13 days later.

One of the accused, Ram Singh hanged himself in prison, while another convict 
-- a juvenile at the time of the crime -- will serve the maximum sentence of 3 
years at a reform home.

On December 3, amicus curiae Sanjay Hegde questioned the evidence produced by 
the prosecution in the gangrape case, and pointed out questions on the merit of 
evidence.

According to Hegde, one of the convicts, Mukesh, was not with the prime culprit 
Ram Singh when the offence

(source: Hindustan Times)






NIGERIA:

Rev King: Birthday on death row


This is what happens when death row becomes a place of life. A full-page 
congratulatory communication published in THISDAY on February 27 was a 
remarkable reminder that Rev. Chukwuemeka Ezeugo, better known as Rev. King, 
has not been hanged despite a Supreme Court ruling.

Under the banner, "Congratulations to our Daddy G. O.", the communication 
began: "We the entire members of St. Faith Women (The Daughters of the Kingdom 
of God) heartily rejoice with our lovely Daddy G.O. His Holiness, The Most 
Honourable Dr. Rev. King, Founder/General Overseer of CPA Church Worldwide on 
the occasion of his birthday which comes up today, Sunday the 26th day of 
February 2017." This happened because King has not been hanged.

The advertisers continued: "Daddy, you are the light of the world. A nation 
without you is in total darkness. Daddy, you are a wonderful counselor, prince 
of peace, a great deliverer, our redeemer, a hope for the down-trodden. You 
have proven to us beyond reasonable doubt that truly salvation belongeth unto 
the Lord and your blessing is upon your people." This happened because King has 
not been hanged.

Things happen when a death row convict is still alive a year after what was 
supposed to be the final judicial pronouncement on his case. More things were 
said about King in the advert space: "Widows, widowers, barren, the sorrowful 
have found joy, freedom, salvation from you. You alone singlehandedly taught us 
how to live a holy and righteous life. Barren in our midst have conceived and 
are mothers in their respective homes. You have delivered so many of us from 
inability to get married. So many of us whom you delivered from mammy-water 
group, ogbanje group, witches and wizards groups are happy today because we 
located you. Some of us who were bound with chains, feathers, shackles, 
handcuffs, spiritual iron belt of Satan, etc. have been freed from our 
respective prisons where Satan kept us for decades. Today, we are enjoying our 
freedom."

Perhaps not unexpectedly, the promoters got more enthusiastic as the promotion 
progressed. They said: "Era of poverty, suffer-suffer have become a thing of 
the past in our lives. So many of us you healed from cancers, fallopian tube 
blockages, moving objects, bleeding, HIV/AIDS, barrenness, fibroid, etc. are 
blessed to have met with our maker face to face." This deification of King 
happened because he has not been hanged. What followed was straight out of the 
realm of unreality: "Daddy, it has been proven beyond measure that you are 100% 
innocent of the conspiracy levelled against you. So many hidden truths have 
been exposed according to your messages. No amount of gossips, scandals, 
hatred, can deter us from following you." This attempted revision of reality 
happened because King has not been hanged.

How did King become a death row prisoner? King's trial began at the Lagos High 
Court in Ikeja on September 26, 2006. The cruel cleric was accused of the 
murder of a member of his church, Ann Uzoh, and attempted murder of 5 other 
members. He was said to have set the deceased and the others ablaze after 
bathing them with petrol for alleged immoral behaviour.

Uzoh died from her burns on August 2, 2006, 11 days after the savagery. The 
trial judge, Justice Olubunmi Oyewole (now a Justice of the Court of Appeal), 
who delivered his judgement on January 11, 2007, found King guilty and 
sentenced him to 20 years imprisonment for attempted murder. In addition, King 
got a death sentence for murder. The Court of Appeal backed the death sentence. 
The Supreme Court, by its supreme judgement on February 26, 2016, supported the 
supreme sentence of death by hanging.

Murderers are penalised not only for murder; they are also penalised so that 
others may not become murderers. It is thought-provoking that a report said: 
"During the 1st church service after the Supreme Court verdict at the Lagos 
headquarters at Ajao Estate, Pastor Ifeanyi King, who preached, said: "Our G. 
O. (General Overseer), the Most Holiness, Rev. King, is coming back. He said he 
would come back and we believe the words of his mouth. We believe his report 
that he is coming back. Everything happening now we know is the handiwork of 
witches and wizards. Soon a new story will emerge."

Perhaps a new story is emerging, considering the content of the communication 
to mark King's latest birthday on February 26. Indeed, King's promoters need to 
clarify their claim: "it has been proven beyond measure that you are 100% 
innocent of the conspiracy levelled against you."

Curiously, King may live longer than his death sentence intended because, 
according to a report quoting a Prisons spokesman, there are no fewer than 
1,639 inmates awaiting execution. This overpopulation is inexcusable. As long 
as the death penalty is accommodated by the country's justice system, there is 
no justification for keeping condemned convicts waiting. It is unclear how long 
these death row convicts have been waiting; it is anti-justice for the 
political authorities to perpetuate their wait.

It is complex enough to arrive at a death decision, and the complexity should 
not be further complicated by last-minute indecision when it comes to executing 
the decision. If judges are able to reach a death decision without the 
interference of extra-judicial considerations, the political authorities should 
be able to carry out the decision without the hindrance of extra-legal 
thoughts.

If murder is the ultimate crime and death is the ultimate punishment, then 
ultimate crime deserves ultimate punishment. It is important to bring closure 
to this human drama of inhumanity. The longer King is allowed to live after the 
ultimate judicial decision, the longer it will take to close the murder case.

It is interesting that King's promoters called him "The man of the moment, 
every moment and the final moment." They said emphatically in the birthday 
communication: "KING FOREVER! LIVE FOREVER!" But it is well known that no man 
lives forever, particularly a man on death row; and King's promoters should 
know that.

What's the point of a death sentence that is not put into effect? What happened 
because King has not been hanged could happen again. More things could happen 
because King has not been hanged. Why has King not been hanged?

(source: Femi MAcaulay, thenationonlineng.net)






INDONESIA:

The draft Criminal Code: A window of opportunity


Indonesia has been in the process of amending its Criminal Code (KUHP) over the 
past 53 years. To this day, the House of Representatives is still vigorously 
debating its various provisions.

The current Criminal Code is a vestige of Dutch colonialism. It has been in 
force since 1918 with only minor changes made over the century. The Indonesian 
government wants a new penal code that will be relevant to a modern society.

One recent interesting development in this decades-old process is the amended 
provisions in the Criminal Code on the death penalty. Under the existing 
Criminal Code, the death penalty is one of the principal punishments for 
certain crimes, such as crimes against state security, murder, theft resulting 
in deaths and crimes relating to navigation and aviation.

Right now, the House is considering amending the provisions relating to the 
death penalty in the Criminal Code so that it becomes a "special form of 
punishment" that may only be imposed alternatively as a "last resort."

This means, therefore, that if the present amendments are adopted, judges will 
be constrained to impose "less severe" sentences for the above mentioned 
crimes, such as life imprisonment, instead of the death penalty. It is only 
when a judge deems these "less severe" sentences to be insufficient for 
achieving the objectives of the penal system (i.e. protecting society, 
rehabilitating the convict, etc.) that the judge would potentially be allowed 
to resort to a sentence involving the death penalty, whether on a "conditional" 
or unconditional basis.

First, the judge could impose a "conditional" death penalty. This means that 
the convicted person would not be executed for 10 years, a period starting from 
the denial of clemency by the President. For the judge to impose a 
"conditional" death penalty, he would decide whether the accused fulfills 
certain conditions, which are quite subjective. For instance, the judge would 
need to ascertain how the public regards the accused, whether the accused has 
shown remorse or whether there is a chance for him to be reformed.

If within this 10-year "waiting period" the inmate displays good behavior or 
proves himself to have been "reformed," the law and human rights minister would 
have discretion to commute his sentence to life imprisonment or 20-year maximum 
imprisonment. Otherwise, the attorney general may order his execution.

2nd, the judge could impose outright the death penalty on an unconditional 
basis. In this case, if the inmate has not been executed within a period of 10 
years, then the President may commute his sentence to life imprisonment. It is 
unclear, however, when the 10-year period starts, whether after the final 
judgment or upon denial of an appeal for clemency.

There are some who view these amendments positively, claiming that this may be 
a way for Indonesia to move toward the abolition of the death penalty. However, 
considering the length of time it took for Indonesia to consider amendments to 
the existing Criminal Code, if the revised Criminal Code still retains the 
death penalty, it may take several more decades to remove it.

Indonesia should really use the current process of amending the Criminal Code 
to get rid of the death penalty. It is widely acknowledged that abolition of 
the death penalty contributes to respect for human dignity and progressive 
development of human rights, which is why the world is abandoning this 
practice. More than 2/3 of countries around the world have abolished the death 
penalty, either in law or practice.

Until very recently, Indonesia was on the cusp of moving away from the death 
penalty. From 2007 to 2010, it had always voted against the resolution to 
impose a moratorium on the use of the death penalty at the UN General Assembly.

In the year 2012, however, for the 1st time, Indonesia moved from opposition to 
abstention and has consistently remained so in the following resolutions on the 
issue. This attests to a progressive shift in Indonesia's attitude toward the 
death penalty.

Unfortunately, in 2015, Indonesia regressed when it executed 14 persons in a 
single year. This was followed by executions of 4 more persons in 2016.

As the International Commission of Jurists (ICJ) has said before, the death 
penalty constitutes a denial of the right to life and freedom from cruel, 
inhuman, or degrading treatment. In 2012, during the 2nd cycle of Indonesia's 
Universal Periodic Review at the UN Human Rights Council in Geneva, several 
countries recommended that Indonesia consider abolishing the death penalty.

Even the alleged deterrent effect of the death penalty has been repeatedly 
called into question. Overwhelming studies from around the world conclude that 
the death penalty is not effective at deterring crime at a greater rate than 
alternative forms of punishment.

In Indonesia, data released by the National Narcotics Agency revealed an 
increase of drug-related offences following the executions in 2015, further 
debunking the deterrent myth.

After almost 100 years since 1918, a real opportunity finally presents itself 
for the country to amend its criminal laws in accordance with international 
human rights law and standards. This is the perfect window of opportunity for 
Indonesia to abolish the death penalty once and for all.

As the former United Nations Secretary General Ban Ki-moon said, "the death 
penalty has no place in the 21st century." Indeed, the death penalty has no 
place in modern Indonesia. If Indonesia wants a modern Criminal Code for a 
modern society, then it should do away with such a barbaric practice.

(source: The Jakarta Post)






JORDAN:

HRW urges Jordan to 'renew moratorium on death penalty'


Human Rights Watch (HRW) said on Sunday that Jordan joined "a worrying regional 
trend towards increasing executions" when it hanged 15 men on Saturday. Those 
executed included 10 convicted in 6 terrorist attacks between 2003 and 2016, 
and 5 convicted in murder and rape cases.

"Jordan should lead by example on rights and protection, and renew its 
moratorium on the death penalty," an HRW statement quoted Sarah Leah Whitson, 
the organisation's Middle East director, as saying. Between 2006 and 2014, 
Jordan maintained an 8-year moratorium on the death penalty. Authorities ended 
the moratorium on December 21, 2014, executing 11 individuals for murder.

(source: ammonnews.net)






IRAN----executions

7 Prisoners Hanged in 1 Day


At least 7 prisoners were executed in Iran on Saturday March 4.

4 prisoners, including 2 women, hanged at Rasht's central prison, Lakan ---- 
Gilan province, northern Iran

According to close sources, on the morning of Saturday March 4, 4 prisoners, 
including 2 women, were hanged at Rasht's central prison, Lakan. These 4 
prisoners were reportedly transferred to solitary confinement before their 
executions. 3 of these prisoners were sentenced to death on murder charges, but 
no information is available for the other prisoner. Only 1 of the prisoner 
names is known, Shah Mohammadi. A 4th prisoner was also transferred with them 
to solitary confinement, but was transferred back to the prison cell after 
receiving a postponement approval by the complainants on the case file.

2 prisoners hanged at Urmia's central prison, Darya ---- West Azerbaijan 
province, northwestern Iran

According to a report by the human rights new site, HRANA, on the morning of 
Saturday March 4, a prisoner was hanged at Shahroud Prison (Semnan province, 
northern Iran) on drug related charges. The prisoner has been identified as 
Ismael Arab Zamani, sentenced to death on the charge of possession and 
trafficking one kilogram and 800 grams of crystal meth.

Prisoner hanged at Shahroud Prison----Semnan province, northern Iran

According to another report by HRANA, at least 2 prisoners were hanged on the 
morning of Saturday March 4 in Urmia's central prison, Darya, on drug related 
charges. The prisoners have been identified as Naji Payam and Eshgh Ali (also 
known as Ashkan). The report suggests there may have been a 3rd prisoner who 
was also executed along with Mr. Payam and Ali.

Iranian official sources, including the media and Judiciary, have not announced 
these executions.

(source: iranhr.net)



UNITED ARAB EMIRATES:

OFW in UAE death row to get additional legal aid - Bello


Department of Labor and Employment (DOLE) Secretary Silvestre Bello III assured 
additional legal assistance to the Filipina household service worker now on 
death row in the United Arab Emirates (UAE).

Bello said he met with Jennifer Dalquez last week during his 3-day trip in UAE.

"I instructed our Philippine Overseas Labor Office there, and Philippine 
recruitment agencies to provide Ms. Dalquez additional lawyers to see to it 
that her rights are well protected," Bello said.

Dalquez was sentenced to death by a UAE court after she killed her employer in 
2014 for allegedly attempting to rape her.

Her appeal is pending at the UAE Court of First Instance which rescheduled the 
release of its decision on the case from Feb. 27 to March 27.

Bello said Dalquez has a high chance of having her sentence lowered if she will 
be forgiven by the 2 children of her employer.

"If they do, he said, there is a possibility that her death sentence will be 
commuted to a lower penalty of imprisonment. This could be life imprisonment or 
for 30 years."

Bello said he may return to UAE later this month to check on the status of 
Dalquez before the release of the decision of the UAE court.

In a related development, Bello said he ordered the labor attache in UAE to 
fast-track the repatriation of the 48 run-away overseas Filipino workers (OFW) 
in UAE.

He said the recruitment agencies responsible for the deployment of the OFWs 
have already committed to pay for the repatriation.

(source: Manila Bulletin)