[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

August 5



VIETNAM:

2 Vietnamese drug transporters prosecuted


2 young men from Vietnam's northern Dien Bien province have been detained and 
prosecuted for transporting over 14 kg of heroin, according to police of Hanoi 
capital on Saturday.

Lau A Chu, 23, and Lau A Chia, 19, were caught in the capital city when they 
were transporting 40 cakes of heroin.

Chu confessed that he had been hired to transport the drug from Dien Bien to 
Hanoi then to the three northern province of Thai Nguyen, Cao Bang and Bac Kan 
at a wage of 200 million Vietnamese dong (8,700 U.S. dollars). Chu asked Chia 
to accompany him to jointly transport the drug.

According to Vietnamese law, those convicted of smuggling over 600 grams of 
heroin or more than 2.5 kilograms of methamphetamine are punishable by death. 
Making or trading 100 grams of heroin or 300 grams of other illegal drugs also 
faces death penalty.

(source: xinhuanet.com)






MALAYSIA:

Malaysia's newgovernment should no longer delay abolition of death 
penalty----All perpetrators of crime including Altantuya's murder should be 
brought to justice


MADPET(Malaysians Against Death Penalty and Torture) is disappointed that there 
is still no abolition of the death penalty in Malaysia after almost 3 months 
since the new Pakatan Harapan led government came into power.

The former UMNO-BN government did abolish the mandatory death penalty for drug 
trafficking in 2017, but alas the delay of putting the new law in force for 
months resulted in at least 10 persons being sentenced to mandatory death 
penalty. Currently in Malaysia, the death penalty is mandatory for about 12 
offences, while about 20 other offences are punishable by a discretionary death 
penalty. Many of these offences do not even result in grievous injury and/or 
death to victims.

It is MADPET's hope that the new PH-led government will act justly, and 
expedite the abolition of the death penalty, especially the mandatory death 
penalty and not just procrastinate using lame reasons of further study and 
review as was the case with the past government. The greater the delay, more 
will be sentenced to death and may even continue to be executed in Malaysia. 
When in Opposition, many of the parties and their parliamentarians, who are now 
in the new government, were committed to the abolition of the death penalty. 
The time to walk the talk is now.

35 persons were executed in the last 10 years(2007 - 2017), and 1,267 people on 
death row or 2.7% of the prison population of about 60,000 people, as revealed 
by deputy director (policy) of the Prisons Department, Supri Hashim 
recently(Star, 29/6/2018). Since the new government assumed power, there is to 
date no known executions, but reasonably many still may have been sentenced to 
death in the past months.

On 29/7/2018, Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail said 
that government is looking into the need to make amendments to do away with the 
mandatory death penalty in legislation pertaining to criminal offences.(Malay 
Mail, 29/6/2018)

Mandatory death penalty removes the ability of judges to impose the most just 
and appropriate sentence, as Parliament by law forces them to impose just the 
one sentence of death once a person is convicted of the relevant crime.

Mandatory death penalty is undemocratic

In a democracy, there are 3 branches of government - the Executive (Prime 
Minister and Cabinet), the Judiciary and the Legislative(Parliament). Besides 
serving as a check and balance to the other 2 branches, each branch of 
government also do have specific functions.

The mandatory sentence including the death penalty, is really is a trespass by 
the Legislature into what must be the duties/functions of the Judiciary. We 
should really trust the Judiciary in Malaysia to provide every person with the 
right to a fair trial, including also the ability to impose the appropriate 
just sentence, after considering all factors, including points submitted in 
mitigations and arguments for a harsher sentence.

Mandatory death penalty is unconstitutional

The existence of the mandatory death penalty may be unconstitutional, which was 
also the recent finding of the Caribbean Court of Justice (CCJ), Barbados???s 
highest court, on 27/6/2018, which struck down the mandatory death penalty on 
the grounds that it is unconstitutional. Amongst others, it said that 'the 
Constitution, which gives the right to protection of the law, was enforceable, 
and that the mandatory death penalty breached that right as it deprived a court 
of the opportunity to exercise the quintessential judicial function of 
tailoring the punishment to fit the crime'. One of the judges also stated 'that 
the judicial monopoly on the power to sentence, which is protected by the 
separation of powers principle, is consistent with "ensuring respect for, and 
adherence to, the ongoing evolution in the protection of human rights". 
(Caribean360, 27/6/2018)

Our Malaysian Constitution has similar provisions with Barbados, and is also a 
democracy.

In a criminal trial, after conviction, the accused have the right to raise 
mitigating factors for the courts to consider when deciding on a just sentence. 
When an offence provides for a mandatory sentence, the convicted person is 
denied this fundamental right, and as such, it may be said that he/she is 
denied the guaranteed 'equal protection of the law' and the right to a just 
sentence.

Death penalty in malaysia not in accordance with islam must be abolished

Whilst, some Muslims have supported the death penalty on the basis that it is 
provided for in their religious teachings and/or faith, it must be pointed out 
that in Malaysia, all the offences that provide for the death penalty are not 
offences under the Islamic/Syariah law. In Islam, there are also strict 
criminal procedural and evidential requirements that need to be fulfilled, 
which arguably is not fulfilled in Malaysia's present administration of 
criminal justice system that now allows for the death penalty. As such, the 
argument that Malaysia should retain the death penalty because Islam allows for 
it is weak, and possibly even baseless or flawed.

Being a caring nation, Malaysia needs to do justice to all - including also 
emphasizing on repentance and second chances rather than simply effecting 
revenge, punishment and even death. It must be noted, that Malaysia, may also 
be partially responsible for its failings of government to provide for the 
well-being and welfare of its people, may have been a factor that pushed many a 
poor persons to resort to crime for the survival and livelihood of themselves 
and their families.

Therefore, Muslim politicians and parties, in government or otherwise, should 
justly not resist the abolition of death penalty, for fear of losing the 
support of Muslim Malaysian voters.

Death penalty not in the 'best interest' of a child

Malaysia, having ratified the Convention on the Rights of the Child (CRC) in 
1995, must uphold its commitment to the protection and well-being of children. 
The execution of a father/mother/sibling/relative of a child is really not in 
the 'best interest of the child'.

This concern for the child is already reflected even in our present Malaysian 
criminal laws, where a pregnant woman will not be sentenced to death, not when 
she is pregnant nor even many years after she had given birth. The underlying 
value and principle could only be our concern for the child and the importance 
of a living parent to a child's wellbeing. This care and concern now needs to 
be expanded by the abolition of the death penalty.

When other co-perpetrators not yet arrested, tried or brought to justice

There is suspicion that in the Mongolian model Altantuya Shaariibuu murder 
case, there may be others involved besides the 2 who have been convicted and 
now sentenced to mandatory death penalty. The 2, Sirul Azhar Umar and Azilah 
Hadri, were at the time of the said murder part of former Prime Minister 
Najib's personal security detail.

This may be the case also for many other murders and death penalty crimes, 
especially those cases where the prosecution in the charge sheet clearly stated 
that the crime was done together with others not named, and in other such cases 
where involvement of 3rd parties are evident or suspected. If the convicted are 
executed, it is becomes all the more unlikely that these other perpetrators of 
crime may never be identified, arrested and brought to justice.

Now, Malaysia is considering the abolition of the death penalty with the hope 
that the convicted and those sentenced to death, will cooperate in making sure 
other perpetrators are also brought to justice - this is an additional reason 
for the abolition of the death penalty. It will surely make it more probable to 
bring to justice those in the shadows, including those who may have ordered or 
facilitated such murders and crimes.

In Japan, it was customary that the convicted were not executed until all those 
involved were brought to justice. In Malaysia, sadly this may not be the case.

Even in cases that the prosecution knows there are others still at large, as an 
example in the case of Gunasegar Pitchaymuthu(35), Ramesh Jayakumar(34), and 
Sasivarnam Jayakumar(37) who were executed for murder in March 2016. The charge 
levied against the 3 stated clearly that the murder was committed with 'one 
other still at large'. Now that the 3 have been executed, that 'one other still 
at large' would most probably never be brought to justice, more so since 
crucial witnesses being the accomplices are now dead. Justice may not be done.

Everyone would want all perpetrators of crimes, including the 'big bosses', 
'kingpins' and others that ordered or assisted in the crime to be brought to 
justice. Hence, the execution of possible 'whistle blowers' and crucial 
witnesses prior to the arrest and trial of all other perpetrators is foolish, 
and certainly yet another reason for the abolition of the death penalty.

Now, if there is no mandatory death penalty, better still no death penalty, it 
is more likely that the convicted, especially after they had been unsuccessful 
in their final appeal, to reveal information needed to bring other remaining 
perpetrators to justice possibly with an assurance that there will be reduction 
in their own sentences. A person, who is guilty of murder or any crime, is 
likely not to reveal any information about the involvement of others until 
after their final appeal - for any earlier disclosure will not help them in 
their own trial, and will more likely result in their own conviction.

Commute death sentence rather than simply delaying executions

Dr Wan Azizah was reported saying that "The last Cabinet meeting resolved to 
implement the government decision to defer the death penalty imposed on 17 
people convicted of drug offences." (Malay Mail, 29/6/2018). This only means 
that their execution has been delayed. It should just be commuted to 
imprisonment

With regards to the offence of drug trafficking, all those on death row, 
especially the at least 10 persons who were sentenced to death, simply because 
of the then Barisan Nasional's Minister's procrastination in putting the law 
into force by several months, should really now have their death penalty 
commuted to imprisonment. In fact, it is just that all those on death row for 
drug trafficking should have their death sentence commuted to imprisonment.

Historic success of ousting umno-led government celebrated with commutation of 
death sentence?

Given the historic success at the last General Elections on 10/5/2018, which 
saw Malaysians ousting the UMNO-led coalition who had been government since 
independence on 31/8/1957, it may be the best time to celebrate by having the 
death sentence of all on death row at this time be commuted to imprisonment 
possibly on the occasion of the upcoming Merdeka celebration at the end of this 
month on 31/8/2018.

There are many reasons why the death penalty needs to be abolished. It 
certainly does not serve as a deterrent, as in Malaysia itself, it has been 
previously revealed in Parliament that there was an increase of drug 
trafficking despite the existence of the mandatory death penalty.

The police, prosecution and the courts are certainly not infallible, and 
innocent people can sometimes wrongly be found guilty and even sentenced to 
death. This risk of miscarriage of justice itself is sufficient reason for the 
abolition of the death penalty.

The call for the abolition of the death penalty in Malaysia has been made for 
far too long by civil society, Malaysian Bar, Parliamentarians and many others. 
The Human Rights Commission of Malaysia (SUHAKAM) has also recently called on 
this new government to not delay in abolition of death penalty,(2/7/2018, 
Bernama-Malay Mail)

MADPET calls on the new Malaysian government to forthwith impose a moratorium 
on all executions pending the abolition of the death penalty.

MADPET calls on the Malaysian government to immediately commute the death 
sentence of all on death row, especially those on death row by reason of being 
sentenced to death for drug trafficking, when that offence still carried the 
mandatory death penalty.

MADPET calls for the abolition of the mandatory death penalty and all other 
mandatory sentences, and restore to the Judiciary the power to decide on the 
most appropriate and just sentence for each case. Parliament should maybe 
simply stipulate maximum and/or minimum sentences, and return to the Judiciary 
'the judicial monopoly on the power to sentence' as should be the case in a 
true Democracy.

MADPET calls for Malaysia to no longer delay the abolition of the death 
penalty, and to abolish the death penalty immediately in 2018.

(source: malaymail.com)






PAKISTAN:

Zainab murderer handed death penalty for rape, murder of 3 other girls


An anti-terrorism court (ATC) on Saturday handed Imran Ali - who is currently 
incarcerated and on death-row for the rape and murder of 6-year-old Zainab Amin 
- the death penalty on 12 more counts for the rape and murder of 3 other girls.

Ali, a resident of Kasur, was involved in at least 9 incidents of 
rape-cum-murder of minors, including Zainab, which he had confessed to during 
her murder investigation.

The verdicts for the cases of all th3 minor girls were announced today by 
special administrative judge Sheikh Sajjad Ahmed of the ATC after listening to 
the final arguments presented by the counsels.

In all 3 cases, Ali was found guilty under sections 364-A (kidnapping or 
abducting a person under the age of 14), 376 (3) (rape of minor), 302-B 
(punishment for qatl-i-amd) of the Pakistan Penal Code and section 7(a) 
(punishment for acts of terrorism) of the Anti-terrorism Act, 1997.

According to the judgements, Ali has been sentenced to death on a total of 12 
counts (4 counts for each victim), fined Rs6 million (Rs2m per victim) and 
ordered to pay Rs3m (Rs1m per victim) as compensation to the victims' families. 
In case of failure to pay the fine or compensation, he will have to undergo 
another 6 months imprisonment.

The 1st information reports of all 3 cases were registered in different months 
of 2017. The ages of the 3 victims were 5, 7 and 8.

Zainab's rape and murder earlier this year had sparked outrage and protests 
across the country after the 6-year-old, who went missing on January 4, was 
found dead in a trash heap in Kasur on January 9.

Her case was the 12th such incident to occur within a 10 kilometre radius in 
the city over a 12-month period.

The heinous nature of the crime had seen immediate riots break out in Kasur - 
in which 2 people were killed - while #JusticeforZainab became a rallying cry 
for an end to violence against children.

The Punjab government had declared the arrest of Ali, the prime suspect, on 
January 23.

On June 12, the Supreme Court rejected Ali's appeal against the death sentence 
handed to him for the rape and murder of Zainab, noting that the petitioner had 
admitted committing similar offences with 8 other minor victims and "in that 
backdrop, he did not deserve any sympathy in the matter of his sentences".

Imran had filed the appeal challenging the death sentence handed to him in 
February, claiming his trial was not fair. He still has the right to seek 
clemency from President Mamnoon Hussain.

(source: dawn.com)

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

Kasur rape and murder convict gets 12 more death sentences in Pakistan


The convict in a high-profile rape and murder case of a minor girl in 
Pakistan's Kasur city was given 12 more death sentences by a special 
anti-terrorism court in another 3 cases of child sexual abuse, according to a 
media report.

Imran Ali, who was already awarded four counts of the death penalty, 1 life 
term, 7-year jail term and Rs 4.1 million in fines back in February for raping 
and murdering the seven-year-old girl, had confessed sexually abusing at least 
another eight girls, Dawn newspaper reported.

The anti-terrorism court (ATC) on Saturday awarded Ali, currently incarcerated 
and on death-row for the rape and murder of the minor girl, the death penalty 
on 12 more counts for the rape and murder of three other girls, the report 
said.

Ali was also fined Rs 6 million out of which Rs 3 million were directed to be 
handed to the families of the victims as 'blood money'.

Earlier this year, the rape and murder of the minor girl in Kasur had sparked 
outrage and protests across the country.

Ali was nabbed by authorities on January 23 following a DNA-match.

He was found to be a serial killer and had confessed to his crimes on the day 
of his indictment that came through the Lahore High Court (LHC).

On February 17, he was given a death sentence for abduction, rape and murder in 
the Kasur girl case.

(source: newsnation.in)






IRAN:

Amnesty: Iran Will Be Breaking International Law With Executions


Amnesty International said on Wednesday that Iran would be breaking 
international law if it goes ahead with the execution of those arrested during 
the economic crisis in Iran.

The human rights group expressed "alarm' over the arrests and stressed that 
executions for non-violent offences are "in direct breach of international 
law".

An Amnesty spokesperson said: "Amnesty International is alarmed at the 
judiciary's announcement that it has charged individuals arrested in relation 
to the country's economy and currency crisis with 'corruption on earth' 
(efsad-e fel arz), which incurs the death penalty. This would be in direct 
breach of international law, which restricts the use of the death penalty to 
only the 'most serious crimes' - those involving intentional killing. Amnesty 
International's research has shown that basic fair trial guarantees are absent 
in death penalty cases in Iran."

Iranian officials announced last weekend that at least 29 people have been 
arrested and charged with "economic disruption", a charge that carries the 
death penalty in Iran.

This is part of the Regime's plan to deflect blame over its worsening economic 
situation, which saw the rial plunge to a record low of 120,000 rials to the 
dollar this week, and has sparked major protests across the country. The 
mullahs blamed unnamed "enemies' for the crisis and announced dozens of 
arrests.

Harvard scholar and Iranian affairs expert Dr. Majid Rafizadeh explained that 
these arrests are nothing more than a PR exercise for the mullahs. Their aim is 
to look like they are tackling corruption, when really they would not do 
anything of the sort. The corruption runs right to the top in Iran and tackling 
it would be akin to cutting off their own heads, so instead they blame shadowy 
figures and crack down on the people of Iran.

Rafizadeh said: "The protests in Isfahan are significant because they highlight 
people's ongoing and growing outrage and frustration with the theocratic 
establishment, as the economy is in shambles. Despite the regime's crackdown, 
people continue to take to streets as they can???t make ends meet."

Indeed, thousands of Iranians have taken to the streets this week in protest at 
the economy and all of the other problems caused by the Regime, demanding that 
the mullahs stop their meddling in the affairs of neighbouring countries in the 
region.

Videos of the protests showed people chanting: "No to Gaza, no to Lebanon, my 
soul is Iran's redemption."

They are not backing down and will continue to fight for regime change.

(source: irannewsupdate.com)






CANADA:

Murder by serial killer pinned on Sault man


Ron Moffatt expected to hang for a murder he never committed before he turned 
20.

The Sault Ste. Marie resident was wrongly imprisoned more than 60 years ago for 
the death of a Toronto boy.

Nate Hendley's new book, The Boy on the Bicycle: A Forgotten Case of Wrongful 
Conviction in Toronto, tells the story Moffatt's kept from many, including his 
3 children, for years.

Moffatt, 76, was 14 when he was charged with the death of 7-year-old Wayne 
Mallete in September 1956.

The Toronto native's recent summer employment at the Canadian National 
Exhibition, where Mallette was slain, and his decision to skip school when 
investigators were watching for a young suspect who may be truant, put him on 
police radar. Moffatt also had "a bit of a reputation as a troublemaker," 
Hendley told The Sault Star. Even though Moffatt was at a movie theatre the 
night of Mallette's death, he confessed under duress to killing the youngster. 
His parents, or a lawyer, were not present during an interrogation that Moffat 
says carried the threat of physical violence.

"It's going to get pretty physical here," he recalls Det. Adolphus Payne 
telling him. Payne arrested bank robber Edwin Alonzo Boyd in 1952.

The "acceptable attitude" at the time was police would not do wrong, said 
Hendley.

Based largely on that admission of guilt, Moffatt was found guilty of 
Mallette's death in December 1956.

"That was enough, really, to convict him," said Hendley. "There was not a huge 
amount of other evidence ... He was largely convicted on his own words in the 
confession."

>From the time of his arrest, Moffatt spent 8 months in custody at several sites 
including Toronto Psychiatric Hospital where he was evaluated after his trial, 
a detention centre for youth and Ontario Training School for Boys in 
Bowmanville, Ont.

His name was not publicly released because of his age, but he feared other 
inmates would learn of what he supposedly did.

"That's not a good thing to be in prison for," he said. "Child killer. That's 
worse than a pedophile."

The son of Omar and Bette Moffatt didn't think he'd ever be released from 
custody. He expected he'd be transferred to the Don Jail in Toronto and hanged 
when he turned 18. The death penalty wasn't abolished in Canada until 1976.

"Imagine how terrifying that was for a 14-year-old boy," said Moffatt.

Mallette's actual killer was Peter Woodcock, a young serial killer who murdered 
3 children in Toronto and molested others. Hendley calls him "one of the worst 
criminals to emerge in Toronto history."

A 2nd trial was held for Moffatt after Woodcock killed 4-year-old Carole Voyce 
in January 1957. Circumstances related to her death mirrored those of another 
young girl who was found in the Don Valley with Woodcock the previous year.

Moffatt's conviction was appealed. A retrial followed. Moffat had a new lawyer, 
Patrick Hartt, a defence attorney who could go toe-to-toe with Crown prosecutor 
Henry Bull. The latter lawyer was described by author Robert Hoshowsky in The 
Last to Die as being "unwilling to lose in any situation."

After Bull drove Moffatt to tears during his 1st trial, Hartt told his client 
to stand up to the prosecutor.

"The man saved my life," said Moffatt. "What a wonderful man. I never got the 
chance to really, really thank him."

Hartt was "Bull's equal" which "gave me confidence," he adds.

Moffatt was freed in May 1957, but he wouldn't shake the impact of his wrongful 
conviction for more than 20 years. Psychiatric help was needed for his anxiety 
and depression. He was on medication for his nerves. Perforated ulcers almost 
killed him.

"I was such an emotional wreck," said Moffatt. "I was traumatized. It took me 
years and years and years to ever get back to being normal."

He wondered why he couldn't lead a normal life.

"It was hard for me to function," he said. "Even though I only did 8 months it 
affected me for most of my life."

Never happy in Toronto, a girlfriend prompted him to move to the Sault in 1970. 
He went back to the provincial capital for about 4 years and married his 2nd 
wife Debbie in 1980. The couple lived in Edmonton for 7 years before returning 
to the Sault. Moffatt worked as a caretaker at several Algoma District School 
Board sites including William Merrifield, Korah Collegiate and Vocational 
School and Sir James Dunn Collegiate and Vocational School.

Moffatt, who dreamed of being a commercial artist and working for Walt Disney 
when he was a youngster, started doing editorial cartoons for Sault this Week 
in the late 1990s. His work has appeared in other news sources, including The 
Sault Star.

Moffatt's "given up" expecting any financial compensation for his experience, 
but is hopeful for an apology.

Moffatt approached Hendley (Steven Truscott: Decades of Injustice, The Black 
Donnellys: The Outrageous Tale of Canada's Deadliest Feud) several years ago 
wanting him to tell his story.

"At least" 60 to 70 interviews, via email, Skype, telephone and in-person 
followed.

"I'm going to put this out," said Moffatt. "It's about time. It was like 
therapy to me to get this out."

Hendley and Moffatt will attend a book launch at Toronto Reference Library on 
Aug. 14.

The author quotes Moffat extensively in The Boy on the Bicycle. Many of the 
other major players in his story have died. Hartt is still alive, but Hendley 
couldn't find Moffatt's lawyer.

"I'm not sure how things would have resolved if Hartt had not gotten involved," 
said Hendley.

Investigators "had very little experience" with homicides 60 years ago and the 
sex murder of a child "was just so far off the radar that police were really 
fumbling in the dark," said Hendley. "A huge amount of (public) pressure" to 
make an arrest tied to Mallette's death helped narrow police interest in 
Moffatt.

Hendley wants Moffatt to get financial compensation from the provincial 
government "for basically messing up his life."

Truscott, wrongly imprisoned for a decade for the murder of Lynne Harper, 12, 
in Clinton, Ont., in 1959, received $6.5 million from the Ontario government in 
2008.

Hendley was "astonished' to see several similarities between the 2 cases. Both 
incidents happened in the same decade. Moffatt and Truscott were the same age.

Hendley admires Moffatt's ability to deal with what happened and to get his 
life "back on track.

"I really admire him for that," he said. "It would be very easy to become 
incredibly bitter."

Canadian law still allows minors to be interrogated by police with no parent or 
lawyer present. Hendley wants that changed, arguing youth need "special 
handling.

"Otherwise they do tend to say stuff that isn't true," he said.

The public, Hendley adds, need to have "a degree of skepticism" about the 
courts.

"Even today the system can fall down," he said. "Authorities do make mistakes. 
They're only human."

The Boy on the Bicylce is available at www.chapters.indigo.ca and www.amazon.ca

(source: saulstar.com)






INDIA:

Shashi Tharoor introduces bill to Lok Sabha for abolishing death penalty


>From 'Cattle Class' to 'Hindu Pakistan' Shashi Tharoor has shocked the people 
with his point-blank blunt remarks. However, he has defended his 'Hindu 
Pakistan' remark by saying, "There were 2 ideas, one of a country based on 
religion, which is Pakistan. And, the other where religion was irrelevant, 
which is India. Those challenging the very idea of India are in power right 
now," he said. ?Tharoor further called for unity, and said that the Congress 
party doesn't believe in division.

Tharoor, is now back in the news for introducing a bill in the Lok Sabha asking 
for the abolishment of death penalty. In a series of tweets, Tharoor has put 
forth his views why he finds the 'death penalty' as not a solution or a 
deterrent for crimes.

(source: thelivemirror.com)