[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Jan. 10




BRAZIL:

Support for Death Penalty at Record Levels Among Brazilians, Datafolha Finds



According to recent Datafolha research, support for the use of the death 
penalty has grown significantly in the last nine years. The recent poll found 
57% of those interviewed in favor of the adoption of capital punishment. In 
2008, the last time that the institute polled on this subject, 47% held the 
same opinion.

This is the highest number recorded since the Datafolha started polling on this 
subject in 1991. But it is within the statistical margin of error - 2 % points 
higher or lower - with levels recorded in 1993 and 2007, when 55% of the 
population said they were in favor of the punishment.

The death penalty is not used in Brazil, although it is provided for during 
times of a declared state of war in paragraph 37 of article 5 of the 
Constitution. The last time Brazil was in a declared state was during the 
Second World War.

In 2015, for the 1st time in more than 150 years, Brazilians were condemned to 
capital punishment. The executions of Marco Archer in January followed by 
Rodrigo Gularte, both in Indonesia, were the first such executions of 
Brazilians abroad.

In Brazil itself, the last execution of a free man condemned to death by the 
Civil Judiciary took place in 1861 in the province of Santa Luzia, which later 
became the city of Luziania, in the area surrounding the current Federal 
District.

According to Datafolha, which interviewed 2,765 Brazilians from 192 
municipalities between November 29th and 30th of last year, 39% of the 
population is opposed to the punishment. Beyond these, 1% declared indifference 
and another 3% didn't know how to respond.

The research revealed that support for the death penalty is highest among the 
poorest Brazilian citizens. Support is 58% among those who have monthly incomes 
of 5 minimum salaries (R$ 4,770 [US$ 1,477]) or less.

It decreases to 51% among those with incomes of 5 to 10 salaries (R$ 9,540 [US$ 
2,954]) and falls even more among the wealthiest group, to 42%.

Women in general tend to show less support for capital punishment, at 54%, 
compared to 60% for men. In terms of age, the age group that shows the greatest 
support for execution of those condemned is the 25 to 34-year-old category, in 
which 61% say they are in favor.

Older citizens, those more than 60 years old, are less likely to support the 
use of the punishment, at 52%. Atheists are the group least likely to support 
the death penalty. Only 46% say they are in favor of it.

Among religiously affiliated Brazilians, Evangelicals are the most reticent 
regarding the subject: 50% are in favor while 45% are opposed (4% don't know 
how to respond and 1% are indifferent), while Catholics make up the group most 
in favor of the punishment: 63% support it while only 34% are against it.

(source: folha.uol.com.br)








PHILIPPINES:

Pacquiao to resume death penalty hearing this month



The Senate will resume this month its hearings on the revival of the death 
penalty through a subcommittee to be headed by Sen. Manny Pacquiao, Senate 
President Aquilino Pimentel III said on Monday.

Pimentel made it clear that he made the decision not because House Speaker 
Pantaleon Alvarez had criticized the upper chamber for not acting on the death 
penalty proposal.

He said he had asked Pacquiao, an advocate of the death penalty, to resume the 
hearings as early as October last year.

Pimentel explained that the death penalty hearings were being handled by the 
Senate justice committee, headed by Sen. Richard Gordon, who in turn designated 
Pacquiao to lead the subcommittee.

But Senate Minority Leader Franklin Drilon said the revival of the death 
penalty measure was not part of the common legislative agenda.

"I am not aware of any change in the priority list that we have agreed with the 
House," Drilon said.

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

No Senate OK seen for death bill



Sen. Panfilo Lacson on Tuesday said he saw no sufficient support yet at the 
Senate for bills seeking to revive the death penalty as a committee led by Sen. 
Manny Pacquiao was set to resume hearings on the proposed measures.

Senate President Aquilino Pimentel III denied that the resumption of hearings 
on the bill was an offshoot of pressure from Speaker Pantaleon Alvarez, who had 
complained of Senate inaction on the revival of the death penalty.

In a text message, Lacson said the Senate should not just follow what the House 
of Representatives did.

If there were bills from the House pending at the Senate, Lacson said he was 
sure "we will vote on it."

But "in the case of the death penalty bill, for now it appears it cannot get a 
majority vote," Lacson said.

Opposition Sen. Francis Pangilinan, a member of the Liberal Party, said he 
would continue heeding the LP stand against reviving death penalty.

But Senate Majority Leader Vicente Sotto III, a leading proponent of reviving 
the death penalty, said he believed death penalty would get a majority vote in 
the Senate if the penalty applied only to high-level drug traffickers.

Senate hearings on reviving the death penalty, a campaign promise of President 
Duterte and key component of his anticrime plan, were shelved to allow 
Malacanang time to clarify if reviving death penalty would not violate any 
international treaty against capital punishment.

(source for both: newsinfo.inquirer.net)

********

Lacson doubts passage of death penalty proposal



Chances of the Senate passing the bill reinstituting the death penalty are 
practically nil.

This was the view of Sen. Panfilo M. Lacson, chairman of the Senate public 
order and dangerous drugs committee, on pressures coming from the House of 
Representatives for the Upper Chamber to pass the death penalty bill.

Senator Panfilo Lacson during the hearing of the Blue Ribbon committee on the 
nabbed P6.4 billion worth of shabu shipment from China, at the Senate of the 
Philippines in Pasay on Monday.

"The death penalty bill cannot get majority a vote. Even Senate President 
(Aquilino) Pimentel is against the measure. So are some members of the 
(pro-Duterte) majority bloc," he said. "Not because the House has passed it, 
the Senate will pass it. We will vote on it," he added.

Asked about the controversial death penalty bill, Senate Majority Leader 
Vicente C. Sotto III said he does not feel any pressure on the passage or 
non-passage of the bill.

Sotto said he has been asking for a hearing on the issue since 2 years ago.

Boxing icon Sen. Emmanuel D. Pacquiao introduced the bill for Senate floor 
debate since last year.

Senate Minority Leader Franklin M. Drilon said that the Senate has simply not 
acted on the death penalty bill as asked by House Speaker Pantaleon Alvarez.

He said many senators are against the bill and do not want the return of the 
death penalty.

"Why should we be criticized for not passing that?" he asked.

Drilon, a former Senate President,said that that position "is part of our duty 
to make a judgment."

He pointed out that the Senate majority has control of the standing committees 
and could have calendared it for floor debate.

It has not been included in the Senate agenda, he said.

Drilon also said that Senate and House leaders hold regular meetings "but the 
death penalty is not there."

(source: Manilla Bulletin)








SOUTH AFRICA:

Move to revive death penalty



Death penalty petition afoot with crime out of control

A movement may be afoot to petition for the restoration of the death penalty to 
deal with the soaring murder rate in the country which makes South Africa one 
of the countries with the highest murder rate globally.

The death penalty was abolished with the introduction of the democratic 
dispensation in the country.

Alex based social and political activist Mike Beea said the move was in 
response to the release of the annual crime statistics by the Minister of 
Police Fikile Mbalula late last year showing unrelenting violent crime, rape 
and murder of innocent citizens. "This is further illustrated by weekly 
statistics of rape, murder, robberies and other crimes making residents of the 
township fearful of moving freely, particularly in the night on weekends," said 
Beea.

"The high levels of crime impede citizens' rights to safety and freedom of 
movement enshrined in the Constitution while giving criminals free reign to do 
as they please.

"All you hear of is inconclusive investigations, making it appear [as though] 
the criminals have a right to effect an unofficial death penalty on the 
citizens who feel unprotected by an ineffective rule of law. This despite our 
globally acclaimed but not implemented Constitution."

Beea said the petition seeks to restore the right to life of innocent citizens 
and to rid the country of malcontents who bring misery, suffering and permanent 
trauma to citizens while they are treated well and protected while in prison.

"They are supported with education and skills training programmes using 
ordinary citizens' tax contributions while the dependents of their victims are 
left traumatised, maimed, sometimes paralysed and impoverished with the loss of 
breadwinners and without state support or compensation."

According to Beea the few murderers who are arrested and convicted knew that 
the justice system will confine them in safe prisons and also that initiatives 
by civil society entities like Gun Free South Africa were ineffective 
deterrents.

"It's time for society not to fear accusations of political incorrectness but, 
to openly agitate for the death penalty as they are the main targets of the 
horrendous crimes that inflict permanent pain, sorrow and suffering," said 
Beea.

He urged the state to also provide scientific evidence and numbers of arrested 
murderers who were reformed while they were in jail and also alleged that jails 
appeared to be incubators for hardened criminals as some of them become repeat 
offenders and brag about their criminal records to instil fear when they are 
released to communities.

Beea said the movement would seek partnerships with entities promoting 
Constitutional rights to life and safety and would lobby for the promulgation 
of tough laws for gun ownership, licencing and training and stop private 
entities from dealing in guns and other dangerous weapons.

(source: alelxnews.co.za)








SWAZILAND:

Please Bring Back The Death Sentence



My heart bleeds every day upon seeing how fellow Swazis are brutally murdered 
by other Swazis.

2 weeks ago, your publication reported about a woman who was brutally murdered 
and mutilated in Pigg's Peak. That woman had a family and she wasn't killed by 
a pack of lions but by a person/people who did that to her. The question is why 
would a person/people kill another, in this manner and the answer is they know 
that even if they are caught they will be sent to a prison where they will live 
a luxurious life with our hard-earned salaries. Last week there was another 
incident, where a man's car was burgled and when he tried to flee from the 
vehicle he was stoned and stabbed to death and thereafter those thugs searched 
his body for his belongings. Again, that man had a family but was killed by 
thugs who probably wanted money so they could drink alcohol throughout the 
night with no guilt for what they did.

Why did they kill the man as he was already down, why didn't they just rob him 
and leave him there alive? It is so sad to read or see how poor Swazis are 
brutally murdered and my message is simple; bring back the death penalty. 
Therefore I want to take this opportunity and send a heartfelt appeal to the 
authorities of this country, the prime minister, Parliament and whosoever is 
concerned to really consider my appeal to bring back the death penalty. This 
could reduce the rate of such senseless murders since the perpetuators would be 
in a position to know that if they kill someone, they will also be killed. We 
are tired of mourning for our beloved relatives who are killed by these 
senseless people. No man deserves to die at the hands of another man. These 
murderers deserve to be killed as well, mercilessly and ruthlessly.

(source: The Editor, Times of Swaziland)



EGYPT:

Egypt court sentences 4 members of Giza terrorist cell to death in 2014 case



A Cairo criminal court issued a preliminary death sentence on Tuesday against 4 
people convicted of forming a terrorist cell in Giza in a 2014 case.

The court, which has set a 19 February session to issue its final verdict, has 
referred the sentence to the Grand Mufti, the country's top religious 
authority, whose opinion is legally required in death penalty cases but is not 
binding.

The defendants were charged with forming a cell that aimed to carry out attacks 
on members of the judiciary, attacks on public and private property, and 
protesting without consent.

The February court session will include verdicts for all 30 defendants in the 
case, which will be subject to be appeal.

Last month, Egyptian authorities executed 19 people over 2 separate deadly 
terrorist attacks on military students in Kafr El-Sheikh and a military 
checkpoint in the restive North Sinai region, which has been a hotbed of 
terrorism since 2013.

(source: English Ahram Online)

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

Terror Convicts on Death Penalty Referred to Egypt Mufti



The Cairo criminal court referred to the grand mufti on Tuesday 4 detainees 
charged with forming a "terrorist cell."

The mufti will examine their case and issue his non-binding opinion on whether 
a death sentence against them should be upheld.

Sentences against 30 other members of the "terrorist cell" will be announced on 
February 19. The charges against them include forming an illegal group, 
violating public property and the possession of weapons and ammunition for 
terrorist purposes.

Separately, the Giza criminal court sentenced to various prison terms 262 
suspects for security-related offenses over the "al-Nahda sit-in" of 2013.

17 people were sentenced to life in prison, 223 were given 15 years and another 
22 accused were given 3 years.

The court acquitted 115 others accused in the case.

The court also ordered that those sentenced be fined a total of nearly 40 
million Egyptian pounds ($2.27 million) for damaging public property.

The accused in the case were arrested while authorities were dispersing a rally 
held in the aftermath of the ouster of former President Mohammed Morsi in 2013. 
Their trial has taken up 3 years, while some other detainees are waiting 
appeals of their sentences.

Charges against them include murder, resisting authorities and possession of 
arms.

Earlier on Tuesday, Egypt's Interior Ministry announced that 8 terrorists were 
killed during a security raid in the al-Arish region.

(source: aawsat.com)



BAHRAIN:

Bahrain's military court upholds 1st death penalty----Death penalty is the 1st 
by the court since it was established seven 7 ago



Bahrain's highest military appellate court on Wednesday upheld a death penalty 
for the 1st time since it was established 7 years ago.

The Military Court of Cassation confirmed the verdict handed down against a 
soldier who had shot dead his friend and hid his body in January 2016, 
according to the local Al Ayam daily.

Verdicts by the court are final and cannot be appealed.

Last year, Bahraini authorities amended the constitution to allow the trial of 
civilians before military courts.

In December, a military court sentenced 6 people to death on charges of forming 
a "terrorist" cell and plotting to assassinate a military commander.

(source: aa.com.tr)








YEMEN:

Yemeni Bahai sentenced to death: Indian Bahai body urges govt



An organisation representing the Bahai community in India has urged the Union 
government to intervene after, it said today, a court in Yemen sentenced to 
death a member of the religious minority because of his faith.

There are about 2 million followers of Bahai faith in India.

The body - The Bahais of India - condemned the death penalty given to Hamed bin 
Haydara, a Bahai living in Yemen, according to a statement issued by its 
National Spiritual Assembly.

Haydara was arbitrarily arrested at his workplace in December 2013, and was 
given the death sentence on January 2 this year, it said adding the verdict 
requires the execution, the date of which is not yet known, be carried out in 
public.

Haydara was taken into custody in Yemeni capital Sanaa.

Over several months, he was subjected to torture, forced to sign papers 
blindfolded and denied visitors, including his wife and daughters, according to 
the statement.

An appeal has been made to the Indian government to urge Yemeni authorities to 
repeal the court sentence and release all Bahai prisoners, it said.

Nilakshi Rajkhowa, Director of the Bahai Office of Public Affairs of the 
assembly, said the Indian Bahai community is deeply saddened by this news.

"We call upon the non-governmental organisations and people of good conscience 
in India to raise their voices in support of Haydara and all Bahai prisoners in 
Yemen," she said.

"The various forms of persecution experienced by Yemeni Bahais bear a striking 
resemblance to what the Bahais of Iran have experienced in their country, such 
as the baseless accusation, used when Bahais are arrested, that they are 
somehow a threat to national security and are spies of Israel," the 
organisation added.

(source: indiatoday.in)








IRAN:

Iran's easing of drug laws could halt execution of 5,000 prisoners----Lifting 
of capital punishment for some drug-trafficking offences set to be applied 
retrospectively to convicts on death row



The lives of more than 5,000 prisoners on death row in Iran could be spared as 
a change in the law abolishes capital punishment for some drug-trafficking 
offences.

Iran is second only to China in the number of prisoners executed in recent 
years, the majority put to death for drug offences. More than 500 people were 
executed in 2017.

The softening of drug-trafficking laws was put into force in a communique by 
the head of the Iranian judiciary to all judicial officials on Tuesday.

Campaigners said it was a potentially significant step towards halting 
executions worldwide.

The Iranian parliament passed measures in August raising the threshold for a 
death sentence to possession of 50kg of opium, 2kg of heroin or 3kg of 
methamphetamine. Under the previous law, possessing 5kg of opium or 30g of 
heroin was a capital offence.

The new limits are set to be applied retrospectively, potentially saving the 
lives of thousands on death row. Mizanonline, the news agency affiliated to 
Iran's judicial system, reported on Tuesday that its chief, Ayatollah Sadeq 
Larijani, had asked officials to halt executions of those affected by the new 
amendments, reconsider their cases and commute their sentences if possible.

A young population and an abundance of cheap, addictive substances, many coming 
over the border from Afghanistan, pose a twin challenge to Iranian authorities. 
Almost 3 million Iranians are estimated to be addicted to hard drugs, out of a 
population of 80 million.

Iran has mostly resorted to a punitive campaign of arrests and executions to 
tackle drugs. Last year European countries funding Iran's counter-narcotics 
programme threatened to cut off contributions if Iran continued to use the 
death penalty for drug traffickers.

Mahmood Amiry-Moghaddam, from Iran Human Rights (IHR), an independent NGO based 
in Norway that has monitored Iran's use of the capital punishment and has been 
critical of its record, welcomed the news.

"It is potentially one of the most significant steps to limit the use of the 
death penalty in the world, which can lead to at least 5,000 people, according 
to official figures, seeing their death sentences commuted," he said.

"This is quite unprecedented, but one caveat is that the commute is not 
automatic and convicts need to take the 1st step themselves and make sure their 
case is reconsidered.

"Our concern is that the majority of those on death row belong to the 
marginalised part of the Iranian society and may not be aware of the changes 
and not have the possibilities to take this step. Those who are on death row 
for drug offences must be given legal aid."

Amiry-Moghaddam said that since November when the law was signed by the 
president, Hassan Rouhani, "nobody that we know of has been executed for such 
offences". According to the Iranian parliament's judicial committee, more than 
5,000 convicts on death row could benefit from the amendment, the majority said 
to be aged between 20 to 30.

Despite the new measures, Iran executed 5 juvenile offenders in 2017 and has 
killed at least 1 so far this year. Iranian leaders have been repeatedly 
criticised, including by the UN, for continuing to sentence juvenile offenders 
to death in defiance of international treaties. According to Amnesty, at least 
88 people are on death row in Iran for committing crimes while being under the 
age of 18.

A July 2017 report by Amnesty said the new change "fails to abolish the death 
penalty for non-lethal drug-related offences as is required by international 
law".

(source: The Guardian)

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

IHR Concerned about Protesters Being Threatened to Receive the Heaviest 
Sentence



The Deputy Head of the Judiciary, Hamid Shahriari, talked about punishing and 
issuing the heaviest sentence for those he called "rioters and riot leaders". 
It seems that by "the heaviest sentence" he means sentencing some of the 
detainees to death.

In an interview with Fars News Agency, Hamid Shahriari said, "The rioters, riot 
leaders, and those who organized and led the recent riots will be punished 
severely and they will receive the heaviest sentence."

He added, "I don't know the exact number of the rioters and agitators who have 
been arrested, but all of the riot leaders have been found and arrested."

It seems that what the Deputy Head of the Judiciary means by "heaviest 
sentence" for some of the detainees of the recent protests is death sentence. 
This increases the risk of death sentence for the detainees, most of whom were 
just arrested for using their right to freedom of speech. There is also the 
risk that those detainees might be deprived of a fair trial and be mistreated 
or even tortured during their detention and interrogation.

Iran Human Rights (IHR) calls on the European Union to warn the Foreign 
Minister of the Islamic Republic of Iran, Mohammad Javad Zarif, about the 
possible execution of the protesters during his coming visit in Brussels this 
week.

(source: Iran Human Rights)








NIGERIA:

Wike proposes death sentence for cultists, others



Gov. Nyesom Wike of Rivers has declared that Government will amend the State 
Anti-kidnapping Law to prescribe death sentence for those involved in cultism, 
robbery and kidnapping.

Wike made this known during a broadcast in Port Harcourt following the killing 
of Johnson Igwedibia, popularly known as Don Waney by the security forces on 
Saturday.

He said the 3 arms of government would work together to amend the state Anti 
Kidnapping Law to proscribe death penalty to violent crimes.

"Rivers government has invested heavily on the security of the state and will 
continue to do everything within our powers to guarantee the security and 
safety of lives and properties.

"As a fact, we will spare no cost in ensuring that nobody will have peace if 
the lives and properties of our people make no meaning to them.

"We reiterate our zero tolerance for all forms of criminality and reassure 
residents of our determination to be though with those who undermine peace and 
security in the state.

"To underscore our seriousness to fight violent crime, we shall be amending the 
Anti Kidnapping Law to proscribe the maximum death sentence for engaging in 
cultism, robbery and kidnapping," he said.

Wike said the decision of the state government to offer amnesty to all 
repentant cultists, militants and criminals was done in good faith and in the 
best interest of the state.

He said the full weight of the law shall be discharged on anyone who failed to 
genuinely renounce all forms of criminality as stated in the terms of the 
amnesty deal.

The governor said the state government would pay N20 million each to any 
individual who volunteers useful information that would lead to arrest and 
prosecution of 32 wanted criminals in the state.

"The aftermath of crime and insecurity affect society as a whole, and not only 
the direct victims that are affected.

"The duty to fight crime remains collective and no right thinking person should 
ever indulge in politicizing security issues under any circumstances," he 
warned.

Wike directed security agencies to immediately arrest and prosecute 32 alleged 
criminals (names withheld) who he said had either reneged on the terms of the 
amnesty or refused to embrace it.

He thanked President Muhammadu Buhari for sending a delegation led by Minister 
of Interior, Gen. Abdulrahman Danbazzau, to Rivers to assess the security 
situation in the state and to commiserate with the government and people over 
the killings

Wike also commended the Nigerian Army and Department of State Security for 
bringing the alleged killer Don Waney and his gang to book.

(source: worldstagegroup.com)








BANGLADESH:

2 Moulvibazar war criminals get death----3 awarded jail until death



A special tribunal in Dhaka today handed death penalty to 2 Razakars from 
Moulvibazar and jail until death to 3 others for committing crimes during the 
Liberation War in 1971.

The condemned are Ujer Ahmed Chowdhury, 63, and Nesar Ali, 75, while Yunus 
Ahmed, 71, Samsul Hossain Tarafder, 65, and Mobarak Mia, 66, were awarded 
imprisonment until death.

Of them, Yunus and Ujer are in jail while the rest are on the run.

The 3-member tribunal led by Justice Md Shahinur Islam pronounced the verdict. 
It said the condemned will have to be executed by hanging.

Meanwhile, the tribunal also directed the secretary of home affairs and 
inspector general of police (IGP) to take steps to arrest the 3 fugitives 
convicted of war crimes.

The prosecutors pressed 5 charges against the accused on May 26 last year. The 
charges include abducting, torturing and killing one Danu Mia; looting and 
torching 3 houses; confining 3 people; abducting, confining and torturing 
another 3 and looting and torching houses of one Harendra Bhattacharya between 
November 22 and December 5.

The remaining charges are abducting and torturing 4 people and killing 2 
between November 29 and December 8; and an act of genocide through killing 14 
Hindus on December 29.

The case proceedings ended on November 20 last year after the prosecution and 
defence completed their closing arguments.

(source: The Daiy Star)








INDIA:

No viable alternative to hanging, Centre tells court



There is no viable method at present other than hanging to execute condemned 
prisoners. Lethal injections are unworkable and often fail, the Centre told the 
Supreme Court on Tuesday.

The government was responding to a query from the court on alternative modes of 
execution.

The court had previously said a condemned convict should die in peace and not 
in pain. A human being is entitled to dignity even in death.

Issuing notice, the court had asked the government to consider the the "dynamic 
progress" made in modern science to adopt painless methods of causing death.

Additional Solicitor-General Pinky Anand, while seeking more time to file a 
detailed affidavit, orally submitted that "today, there is no viable method 
other than hanging."

Petitioner-in-person and advocate Rishi Malhotra countered that death by lethal 
injection is practised in several States in the U.S. and even the Law 
Commission of India had recommended lethal injection.

The court gave the government 4 weeks to file the affidavit.

Death penalty unquestioned

The court has already clarified that it is not questioning the 
constitutionality of death penalty, which has been well-settled by the apex 
court, including in Deena versus Union of India and earlier in the Bachan Singh 
case reported in 1980. Section 354 (5), which mandates death by hanging, of the 
Code of Criminal Procedure has already been upheld.

However, the Bench had, in an earlier hearing, favoured a re-look at the 
practice of hanging to death as "the Constitution of India is an organic and 
compassionate document which recognises the sanctity of flexibility of law as 
situations change with the flux of time".

The court is hearing a writ petition filed by Delhi High Court lawyer Rishi 
Malhotra, who sought the court's intervention to reduce the suffering of 
condemned prisoners at the time of death. Mr. Malhotra said a convict should 
not be compelled to suffer at the time of termination of his or her life.

"When a man is hanged to death, his dignity is destroyed," Mr. Malhotra 
submitted.

(source: The Hindu)

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

Govt's prerogative to decide on modes of execution of convicts: Supreme 
Court----The SC's response came on a PIL seeking quashing of Section 354(5) of 
CrPC, which states that when a person is sentenced to death, he shall be hanged 
by the neck till he is dead



The Supreme Court on Tuesday adjourned a plea seeking abolition of executing a 
death row convict by hanging and put the ball in the Centre's court. The apex 
court said it was the government's prerogative to decide the modes of carrying 
out capital punishment. "We can't say what should be the mode of carrying out a 
death sentence. Tell us what is happening in other countries" the SC bench, 
comprising of Justices A M Khanwilkar and D Y Chandrachud said, as it adjourned 
the plea filed by lawyer Rishi Malhotra by 4 weeks. On October 6 last year, 
Malhotra had filed a petition in the apex court and sought quashing of Section 
354(5) of the Criminal Procedure Code, which states that when a person is 
sentenced to death, he shall be hanged by the neck till he is dead.

The SC bench, comprising Chief Justice Dipak Misra, Justices A M Khanwilkar and 
D Y Chandrachud, had then issued a notice to the Centre, seeking its response 
within 3 weeks on the PIL, while saying that the legislature could think of 
changing the law so that a convict, facing death penalty, dies "in peace and 
not in pain".

On Tuesday, Additional Solicitor General Pinky Anand, representing the Centre, 
said it was still working on other methods that could be used for capital 
punishment in place of hanging and sought time. The government said they had 
tested lethal injections, but it was not workable. "Lethal injections are not 
workable as there are instances of it failing," the government said.

During the hearing in October, Malhotra had contended that the 187th Report of 
the Law Commission advocated the removal of the present mode of execution from 
the statute. He also referred to Article 21 (Right to Life) of the Constitution 
and said it also included the right of a condemned prisoner to have a dignified 
mode of execution so that death becomes less painful. The PIL had listed 
intravenous lethal injection, shooting, electrocution or gas chamber as other 
viable options.

"This means the right to a dignified life up to the point of death including a 
dignified procedure of death. In other words, this may include the right of a 
dying man to also die with dignity when his life is ebbing out," the petition 
said.

(source: indianexpress.com)