[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

May 7



INDONESIA:

Calls for Indonesia to Abolish Death Penalty


Indonesia expressed its commitment to address challenges that hamper its 
efforts to improve and protect human rights at home, during the 27th session of 
the United Nations Universal Period Review in Geneva, Switzerland, on Friday 
(05/05).

While the country was praised for the improvements it has made on human rights, 
such as the ratification of various international conventions, the delegations 
of several countries raised their concerns and recommended that Indonesia 
should do more.

Indonesia accepted 150 of the 225 recommendations it received from 101 
delegations during the review, while undertaking to examine the remainder.

The country is expected to state its position on the pending recommendations by 
no later than September, during the 36th session of the Human Rights Council.

The recommendations touched on several issues, including the abolition of the 
death penalty, preventing discrimination against religious minorities, ensuring 
the right to freedom of expression, repealing existing laws on blasphemy and 
promoting women's rights and the rights of vulnerable groups.

Capital Punishment

Dozens of countries, including Australia, Germany and the United Kingdom, 
criticized Indonesia for its continued use of capital punishment for drug 
offenders and the perpetrators of major crimes, such as murder and terrorism.

During Indonesia's review on Wednesday, Justice Minister Yasonna Laoly, who led 
the Indonesian delegation along with Foreign Minister Retno Marsudi, said the 
"death penalty is still part of Indonesia's positive law."

"[...] It is our conviction that the rights of the offender must always be 
weighed against the rights of the victims, their families and the broader 
rights of their community to live in peace and security, as stipulated in our 
constitution," Yasonna said.

He added that the firm action by President Joko "Jokowi" Widodo's 
administration against drug offenders is based on the fact that narcotics 
remain among the top-three on the list of major causes of death for the 
Indonesian youth.

Death penalty has never been removed from Indonesian law, and that Jokowi is 
just fast-forwarding the process of executing those already convicted for 
drugs-related crimes.

Furthermore, the minister said Indonesia has always applied necessary 
safeguards based on international standards, which are in accordance with a 
strict due process of law. He added that Indonesia's current practice of 
capital punishment does not contravene any international conventions.

(source: Jakarta Globe)






PAKISTAN:

Death penalty for rape


Rape is a crime everywhere in the world, no country or culture is exempt. 
Punishments for rape are invariably lengthy prison sentences and in some cases, 
death. Rape is an under-reported crime everywhere and consequently rapists 
everywhere go unpunished. It is a crime that happens so frequently that it 
rarely merits headlines - anywhere. But there are some rapes that have the 
capacity to shape the zeitgeist and the rape and appalling torture of a 
23-year-old medical student in New Delhi in 2012 is one such in the modern era. 
The victim died a fortnight later. 4 men were found guilty of the crime, a 5th 
accused, the bus driver, hanged himself in his prison cell. The men were 
sentenced to death and the Indian Supreme Court has now upheld the sentence on 
appeal.

This newspaper has consistently opposed the death penalty; but equally has 
supported the rule of law. There is nothing to suggest that the sentence within 
the canon of Indian law is anything other than legally sustainable. The father 
of the victim has called for the sentence to be carried out swiftly but there 
are going to be legal hoops to go through before the hangman does his job, and 
it could be some time before there is a final resolution.

The head of the New Delhi Commission for women said that at least 6 rapes a day 
were happening in the city alone every day, and that rapists were not afraid of 
the consequences of their actions as the Indian legal system is so sclerotic. 
The current case has taken 5 years to get this far and that despite being 
fast-tracked. Countless other women, alive and still seeking justice, wait in 
the wings of a system that is loaded against them. And what of Pakistan? There 
has been no rape case here that has aroused the world in the same way as in 
India but the same conditions pertain - women struggle to get justice, and not 
just for rape but for every other type of crime.

(source: Editorial, The Express Tribune)






MALAYSIA:

Reprieved death row mum's advice to accused drug smuggler Cassie Sainsbury - 
'never make a deal'


A Victorian mum-of-6 who sensationally escaped the death penalty in Malaysia 
has urged accused Aussie drug smuggler Cassandra Sainsbury to avoid doing deals 
with police for shorter jail time.

Emma L'Aiguille, who was spared the hangman's noose in 2012 over drug 
trafficking allegations, told the Herald Sun that the Adelaide personal trainer 
needed to stick to her story and let her lawyers fight for her freedom.

"She should never make a deal because she would be saying that she is guilty," 
she said.

"If she is innocent she needs to remain strong and not be pressured into 
pleading guilty."

Ms L'Aiguille, a mother of 6, spent 115 days in jail before she was set free 
after she agreed to turn prosecution witness.

She was arrested in Kuala Lumpur's main tourist strip and police found 1kg of 
ice under the driver's seat of the car she was sitting in.

The car belonged to her boyfriend, who did a runner when police surrounded the 
car.

Ms L'Aiguille said Colombian jails were tough and bride-to-be Ms Sainsbury 
needed to "watch her back" from other inmates.

The former nurse said out of desperation and the extreme anxiety she would be 
feeling, Ms Sainsbury might be tempted to cave in - even if she were innocent.

"The jails in Colombia are worse than in Malaysia," she said.

"She needs to keep positive - I didn't think I would ever get out but I did. 
She needs to trust her lawyers and let them work it out."

Ms L'Aiguille was released after her defence successfully argued there was no 
evidence she had any knowledge of the drugs.

But she had to remain in Malaysia for several months after being set free to 
help police prosecute the case, give evidence against another male who was in 
the car and help track her boyfriend down.

Ms Sainsbury, 22, has been locked up in El Buen Pastor women's prison after 
being arrested while trying to leave Colombia to London with about 6kg of 
cocaine.

Authorities found the drug hidden in her suitcase and concealed in 18 packs of 
headphones on April 11.

But she maintains her innocence and told her Colombian lawyer that she was 
set-up and given the headphones by a man called Angelo or Tom after she agreed 
to buy them at a cheap price for presents for her bridal party.

Questions remain over her story and lawyers have asked her to consider 
admitting to the charge for a shorter sentence.

If she continues to maintain her innocence and loses the case, she could be 
jailed up to 20 years.

Australian diplomats are working with their Colombian counterparts to strike a 
deal that would allow Ms Sainsbury to serve her jail sentence in Australia 
should she be convicted.

(source: Herald Sun)






INDIA:

Legal options that may delay execution of death penalty to Nirbhaya 
rapists----The main question is when the death penalty will be executed, public 
prosecutor Ujjwal Nikam said


Welcoming the Supreme Court's decision to uphold the death penalty of 4 
convicts involved in the Nirbhaya gang rape case, Maharashtra's public 
prosecutor Ujjwal Nikam on Friday, however, expressed his apprehensions about 
top court's order being challenged.

Nikam said the convicts still have the option of approaching the President and 
can file a mercy petition asking him to revoke the order.

"I welcome the decision of the Supreme Court, but the main question is when the 
death penalty will be executed. According to our law, every criminal, that is 
the condemned prisoner, has a right to challenge to file a mercy petition 
before the President of India, and unfortunately, our Constitution is silent as 
to when the President should take the decision on such mercy petitions," Nikam 
said.

He also highlighted that a delay in issuing a mercy petition can convert the 
death penalty case to one of life imprisonment.

"I have come across a number of cases wherein though the Supreme Court has 
awarded the death penalty and the condemned prisoner had filed a mercy petition 
before the President and since there was a delay in giving such mercy petition 
the Supreme Court or the High Court has converted the said death penalty to 
life imprisonment," Nikam said.

Minister of State for Home Hansraj Ahir has also welcomed the verdict given by 
the Supreme Court.

The apex court earlier today upheld the conviction and death penalty of 4 
convicts' -- Mukesh, Akshay, Pawan and Vinay awarded to them by the Delhi High 
Court on December 16, 2012.

The matter was heard by the bench headed by Justice Dipak Misra after the 
convicts challenged the Court order.

However, AP Singh, the lawyer for the accused, claimed that he would file the 
review petition after reading the order.

"Justice is not done. We will file review petition after reading the order. You 
cannot give a death sentence to anyone for a message to the nation. The meaning 
of punishment is an improvement. There is a right to live. In this, the human 
rights have been neglected, Mahatma Gandhi's ideology has been neglected," 
Singh said.

(source: business-standard.com)






SIERRA LEONE:

I believe in the death penalty - Palo Conteh


As the rate of stabbings and violence by cliques and gangs increased, the 
Minister of Internal Affairs, Rtd Major Alfred Palo Conteh, has disclosed, "I 
believe in the deadly penalty."

According to the former Minister of Defense, during the "Good Morning Show" on 
Radio Democracy 98.1, the solution to the current inhuman acts by these lawless 
gangs is to implement the death penalty, which is still part of the laws of 
Sierra Leone.

He said his statements were his personal opinion and not official government 
position. According to Minister Conteh, there has been a sharp increase in the 
cases of stabbings to death by members of cliques during the Easter and 
Independence celebrations.

According to the Human Rights Commission, the death penalty should not be used 
in Sierra Leone. They have advocated for the repeal of the capital punishment 
laws, by encouraging the Government to pay special attention to the submission 
made by the Italian Foreign Minister Emma Bonnino, in addressing the issue of 
death penalty.

The Government Pathologist, Dr. Owizz Koroma, confirmed that the death rate of 
stabbing before the gallows was cleaned was very high and after the cleaning 
process it cut down drastically from 40 to something like 11.

Seeking the opinions of people along the streets of Freetown on the use of the 
death penalty, almost all of them are in support of the death penalty as the 
fastest solution to the current situation.

According to Maseray a trader along the popular Abacha Street, most of them are 
afraid of putting on coloured clothing at night because of fear of facing 
untimely death by the clique guys who will deliberately perceive the person 
wearing the clothes of belonging or supporting an opponent group. Confirming 
the situation, the Deputy Head of Media of the Sierra Leone Police, Inspector 
Michael Kelly Dumbuya, disclosed that they are presently investigating cases of 
murder relating to stabbing during the Easter and Independence celebrations.

The Amnesty International submission to the UN Universal Periodic Review of 
January to February 2016, stated that "Sierra Leone retains the death penalty 
for treason and aggravated robbery and it remains mandatory for murder".

According to the report, there is currently a moratorium on capital punishment 
in place and several death sentences have been commuted.

In May 2014, the former Attorney General and Minister of Justice, Frank Kargbo, 
told the UN Committee against Torture that Sierra Leone would shortly abolish 
the death penalty through a revision of the Criminal Procedure Act, but to date 
no action has been taken to that effect.

The Truth and Reconciliation Commission (TRC) recommendation 54 calls for, "the 
abolition of death penalty and the immediate repeal by Parliament of all laws 
authorizing the use of capital punishment." It also notes, the right to life 
should be enshrined in the Constitution and no one shall be punished by death.

During the consultation exercise on the Constitutional Review Process by 
Campaign for Good Governance, majority of the respondents maintained the death 
penalty should remain in the country's law books.

(source: awoko.org)