[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Thu Jun 14 08:46:53 CDT 2018
June 14
AUSTRALIA:
'It's abhorrent': MP Steve Irons calls for death penalty for paedophiles
Federal MP Steve Irons has called for the introduction of the death penalty for
paedophiles and "people who continually abuse children".
Mr Irons made the call during a debate in federal parliament on the
introduction of laws to establish a compensation scheme for victims of sexual
abuse. Liberal MP Steve Irons during debate on the National Redress Scheme for
Institutional Child Sexual Abuse Bill 2018, in the House of Representatives at
Parliament House.
The MP, who grew up as a ward of the state and has been a key campaigner for a
redress scheme for victims of institutional child sex crimes, said he
understood the idea wouldn't get far, but it was still a "personal passion".
Mr Irons said in an interview on Tuesday that both he and his wife grew up in
families that suffered from either sexual or violent child abuse.
"We're both strong believers that once an adult has crossed that line, it's
like crossing the Rubicon," he said.
"Once they've done it, they'll continue to do it no matter what and, whether
it's alcohol-induced or whatever it is, those children should never be returned
to their abusers at all.
"What country in the world says the abuse and rape of a 2-year-old child is
acceptable?
"Everyone's too scared to say, I don't care what culture they come from, or
what race or ethnicity they are, they need to go to jail for the rest of their
life and never be in contact with a child ever again, or - should I say it? -
put to death."
In parliament, Mr Irons referred to the case of a seven-year-old girl who died
in 2007 after her parents kept her as a prisoner in the filthy room where she
"died a slow and torturous death", according to NSW police.
"She wasn't in an institution but she starved to death in a home in New South
Wales under the care of her own parents," Mr Irons said in parliament.
"We have heard the many stories about institutional child sex abuse over the
last 10 years.
"They are often reflected in private homes around Australia as well, for which
there is no form of redress at all under the system. After our achievement
today [the introduction of a redress scheme], we need to look at child abuse in
private homes and how the children continue to be returned to the abusers."
On Tuesday Mr Irons said child abuse was a "It's a dark, tragic shadow on the
history of Australia".
"To me, the shameful thing is that it's still happening," he said.
"It hasn't only happened in institutions, it's happened in family homes around
Australia.
Prime Minister Malcolm Turnbull pays tribute to the survivors and families who
came forward to contribute to the Royal Commission into Institutional Responses
to Child Sexual Abuse.
"Some of the things fathers, step-fathers and even mothers have done to their
own children in the supposed sanctity of their own home is terrible and it's
still continuing today."
On Wednesday, Western Australia became the final state to join a $3.8 billion
national redress scheme that will cover more than 90 % of eligible child sexual
abuse survivors.
Prime Minister Malcolm Turnbull says WA Premier Mark McGowan had given him a
firm commitment that the state will join the scheme.
A statement from federal opposition leader Bill Shorten said Labor was
disappointed the redress scheme would start one year later than was recommended
by the Royal Commission and that the cap on redress payments was lower than
recommended.
Mr Irons said work had commenced on a national apology to victims of victims of
institutional child sexual abuse, which Mr Turnbull would deliver later this
year.
(source: watoday.com.au)
SOUTH AFRICA:
In these times of fear, why I favour the reinstatement of the death penalty
I hold an alternate but opposing view to that of columnist Yogin Devan whose
article "An eye for an eye is not the answer" appeared in last week's POST.
The narrative in recent times, notably with the escalation of capital crime,
suggests that society is growing impatient in the apparent kid-glove treatment
meted out to heinous criminals who commit gratuitous murders of innocent people
with utter impunity and without remorse.
Devan argues that calling for the death penalty is an affront to human rights
and dignity.
I beg to differ.
He correctly states that "there is no concrete evidence showing that the death
penalty actually deters crime".
Conversely, there is no empirical evidence to suggest that a prison sentence
will equally deter a criminal from re-offending, especially in terms of murder
or rape and those non-capital crimes.
While our constitution guarantees the right to life, it fails consciously to
account for those who, with premeditated and deliberate intent, takes the lives
of others.
The concept of a life-for-a-life trade-off may appear unpalatable to the moral
and religious convictions of those who believe that it is a superior being who
should be the only determinant of such an act.
I then question what of those who unjustifiably usurp such powers by denying
another human being of their right to life.
Retributive justice can be distasteful at the best of times, but sadly it
becomes a necessary evil when civil society is persistently besieged by acts of
gross human rights violations that go against the grain of normalcy and common
decency.
Arguing in mitigation against the death penalty in an article in The Mercury,
Professor George Devenish, one of the crafters of our constitution, made many
points which were adequately challenged by renowned historian and independent
researcher, Dr Duncan du Bois.
Devenish puts forward four specific arguments against capital punishment.
1st, in Arthur Chaskalson???s view, execution is inconsistent with the
prohibition of cruel, inhuman and degrading punishment as set out in section
12(1)(e) of the constitution.
2nd, Chaskalson sees the imposition of the death penalty as being subject to
"capriciousness" in its application.
3rd, the Concourt has found that retribution is vengeance.
4th, Albie Sachs has posited that capital punishment is an "illusory solution
and as such detracts from really effective measures".
While Devan corroborates former Chief Justice Arthur Chaskalson's viewpoint, I
am inclined to agree with Du Bois when he states that "Chaskalson's assertion
that capital punishment is degrading and cruel is devoid of context and makes
mockery of any claim to moral order for the simple reason that it ignores what
murder victims suffer at the hands of murderers."
There is no logic in Justice Chaskalson's view that society owes a murderer the
right to be treated with dignity and respect. Society is only obligated to
provide for a fair trial.
The above illustrates the divergent yet complex vagaries of perceptions when we
consider the matter of the death penalty but I would be loath to accept the
moral and religious rhetoric that "an eye for an eye is not the answer" -
simply because it assuages the philosophical nicety of a just society.
While the ultimate sanction of death has to be balanced in all aspects in terms
of the final execution of such a warrant, I also accept that there may be
problems in human error or deceit that can verify guilt when one is not guilty.
The holding back of exculpatory evidence by unscrupulous prosecutors, for
example, may lead to unjust convictions. But given the import of such a
sanction, measures will have to be established to eliminate the "human error"
aspect so that a guilt conviction is way beyond reasonable doubt and without
reprisals.
My advocacy of the death penalty is not so much out of hatred or vengeance, but
rather for the dire need to re-establish a society that exists without fear and
constant angst.
We must never forget that a murder victim was also entitled to the inalienable
right to life - and the deterrence against the brutality and barbaric nature of
crimes committed nowadays is being thwarted by the ineffectual imposition of
really harsh sanctions.
The moment one makes a conscious and deliberate choice to end the life of
another person in cold blood, then any equivocation used to mitigate the
ultimate sanction becomes arbitrary, particularly in view of the fact that if
the victim could speak, then they would certainly have wanted to live, as we
all do.
There can be no gainsaying that the death penalty used in the apartheid era, as
described by Devan, was antiquated to the extent that it had malicious and
political intent, and did not serve the true precepts of real justice.
It was irrational and salutary only for the benefit of a regime to the extent
that it got rid of those, in the main, who were opponents of apartheid.
It is true that Nelson Mandela and his freedom fighters were a whisker away
from a fate unimaginable had reason not prevailed, and in the same vein, each
case where a capital crime is committed, must be seen in context and not be
hastened to execute simply because the sanction is available.
Circumstantial considerations, premeditation and other factors both mitigating
and extenuating must be fully exhausted before such a sanction is imposed.
That our law enforcement agencies are desperately strained to combat crime
effectively, and there is no suggestion that evinces one to believe that there
are prospects of abatement, we are compelled to importunate our criminal
justice system to act on our behalf to halt the rampant disutility that crime
has become.
Justice tempered with mercy is vital for the well-being of any society, but
such mercy must not be held to ransom because we amplify human rights to those
who care less about those they massacre.
It was rather disingenuous of Devan, however, to suggest that "calling for the
death penalty should be made a punishable offence" - this is anathema to the
freedom of speech and thought.
Finally, while I vouchsafe Devan's stance on this critical call on the
re-instatement of the death penalty, I am averse to accept that such a call
would blind us as a moral and caring society to the horrific realities of life
in South Africa - that at any given moment, anyone of us could become an
unwanted statistic of a horrendous murder at the hands of the callous vermin
that roam our streets. (source: Opinion; Narendh Ganesh is a political
activist----iol.co.za)
NIGERIA:
In Adamawa; Court sentences 4 to death for robbing politician----The convicts
were found guilty of abduction and armed robbery.
Justice Abdul-Azeez Waziri of the Yola High Court has sentenced 4 people to
death by hanging or firing squad after they were found guilty of abduction and
armed robbery.
According to a report by Premium Times, the convicts had been arraigned before
the court for robbing and abducting the Adamawa House of Assembly member, Adamu
Usman (Toungo constituency), and a retired civil servant, Wilson Gundiri. Usman
was kidnapped at gunpoint from his residence at Kofare Ward of Yola in May
2015.
The judge handed the convicts a prison sentence of 10 years each for conspiracy
to commit abduction and sentenced them to death for armed robbery.
The convicts are Gambo Musa, Mana Musa, Abdu Baba, and Mohammed Muazu. Muazu
already died in custody before the sentence.
5 sentenced to death for killing herdsman
Justice Waziri had also handed down the death penalty sentence to 5 people who
were found guilty of criminal conspiracy and culpable homicide.
They were accused of conspiring and attacking three herdsmen at Kadamun village
in Demsa local government area of Adamawa State on June 1, 2017. During the
attack, they killed 1 of their victims, identified as Adamu Buba, and dumped
his corpse into a river.
The convicts are Alex Amos, Alheri Phanuel, Holy Boniface, Jerry Gideon and
Jari Sabagi, all from Demsa LGA.
| (source: pulse.ng)
BAHRAIN:
Suitcase killers lose death penalty plea
2 Bangladeshi murderers have lost an appeal against the death penalty following
a retrial. Roubel Al Salam and Kamrol Miah tied up their victim, gagged him and
beat him to death over an unpaid debt of BD50.
(source: Gulf Digital News)
IRAN:
Prominent Human Rights Lawyer Nasrin Sotoudeh Arrested
Iran's Supreme Court rejected Ramin Hossein Panahi's appeal. He was sentenced
to death on rebellion charges and is in imminent danger of execution.
Ramin Hossein Panahi's lawyer and family announced that his appeal was rejected
by Iran's Supreme Court.
His brother, Amjad Hossein Panahi, told IHR, "My brother's appeal has been
rejected and he may get executed in the next few days or weeks. I think no
matter how many times we file an appeal, he will be sentenced to death again
because security agencies in Tehran decide this case."
In an interview with IHR, Hossein Ahmadi Niaz, the political prisoner's lawyer,
confirmed the rejection of Ramin Hossein Panahi's appeal.
Mahmood Amiry-Moghaddam, the spokesperson for IHR, had earlier said, "Ramin
Hossein Panahi has been sentenced to death by the Revolutionary Court through
an unfair trial. His death penalty is not only inhumane but also illegal due to
lack of a fair trial, and it should be stopped immediately."
Iran Human Rights urges Human Rights Institutions to pay special attention to
Ramin Hossein Panahi's situation. Now that the judicial authorities have
refused to consider his lawyer's several appeals, Ramin's only hope for being
saved from execution is the international community's attention.
Ramin Hossein Panahi was shot and arrested by the agents of the Revolutionary
Guard on Friday, June 23, 2017. The IRGC agents claimed that he was armed, but
Ramin's family claim otherwise. This prisoner was transferred to Sanandaj
central Prison on January 9, 2018, after spending 200 days in the custody of
the Intelligence Organization of Army of the Guardians of the Islamic
Revolution and the Ministry of Intelligence.
Ramin Hossein Panahi's trial was held on January 15, 2017. He was sentenced to
death in the 1st session on the charge of "rebellion against the regime, acting
against the national security, and being a member of Komala Party of Iranian
Kurdistan." His execution was approved by branch 39 of the Supreme Court on
Tuesday, April 10 after which his layer requested a retrial.
It should be noted that Ramadan (observed by Muslims worldwide as a month of
fasting) will be over in a few days. The process of executions is usually
stopped in Ramadan but it starts again after the end of the month. It is
concerning that Ramin Hossein Panahi's execution may be carried out after
Ramadan.
(source: Iran Human Rights)
IRAQ:
Lawyers, activists ask Supreme Leader to stop execution of Kurdish man
40lawyers and activists wrote an open letter to Ayatollah Ali Khamenei, Iran's
supreme leader, asking him to stop the execution of Kurdish prisoner Ramin
Hossein Panahi.
"In this coming Ramadan Eid, we ask you as the leader of the Islamic Republic
of Iran to deal with the case of Ramin Hossein Panahi, a citizen of Iranian
Kurdistan, with forgiveness," the activists wrote in the letter, published by
ISNA.
Panahi, 22, was arrested on June 2017 in Sanandaj and charged with being a
member of the Kurdish opposition party Komala. Prosecutors said Panahi had
received military training and was carrying a gun and a grenade at the time of
his arrest.
The punishment for those who fight against the Islamic Republic is the death
penalty.
In May, Panahi's brother Rafiq told Rudaw that his brother is a Komala
Peshmerga, yet he was in Rojhelat (Iranian Kurdistan) to visit family when he
was shot by Iran's security forces.
"According to Article 278 of the Islamic penal code, the supreme leader has the
right to act with forgiveness in such cases ... so the citizens of Kurdistan
will ask you to deal with the case of Ramin Hossein Panahi with mercy," these
lawyers and activists requested.
The lawyers emphasized that Panahi's parents are old and a stay of execution
would appease the people of Iranian Kurdistan.
Panahi's family and international human rights organizations are worried that
the Islamic Republic might execute Ramin Hossein Panahi after the Islamic holy
month of Ramadan.
Panahi was held in solidarity confinement for several months. His health has
deteriorated in prison and he is suffering from kidney failure and amnesia. He
has been denied medical treatment and was subjected to torture, according to
the Kurdistan Human Rights Network (KHRN).
Kurdish men are among the biggest victim of Iran's capital punishment as large
numbers are annually hung with cranes in the public area. Iran carries out the
2nd-most capital punishment executions in the world, behind China.
(soruce: rudaw.net)
PALESTINIAN AUTHORITY:
Capital punishment no longer valid in Palestine
During a meeting with Irish Foreign Minister Simon Coveney, a senior
Palestinian official said that 1 of the 7 international treaties and
conventions that the Palestinian government has recently signed is the
International Covenant on Civil and Political Rights.
By signing this convention, Palestine joins 103 countries in abolishing the
criminal act of punishing a person by ending their life. 56 countries retain
capital punishment, 103 countries have completely abolished it de jure for all
crimes, 6 have abolished it for ordinary crimes, while maintaining it for
special circumstances, such as war crimes, and 30 are abolitionist in practice.
The commitment not to carry out capital punishment puts Palestine in good
company and projects a more progressive attitude towards the right of life.
Capital punishment is a matter of active controversy in several countries and
states, and positions can vary within a single political ideology or cultural
region. Article 2 of the EU Charter of Fundamental Rights prohibits the death
penalty.
The Council of Europe, which has 47 member states, has sought to abolish death
penalty by Protocol 13 to the Convention for the Protection of Human Rights and
Fundamental Freedoms. However, the convention is only effective in member
states which have signed and ratified it, and they do not include Armenia,
Russia and Azerbaijan.
The United Nations General Assembly has adopted in 2007, 2008, 2010, 2012 and
2014, non-binding resolutions calling for a global moratorium on executions,
with a view to eventual abolition. Although most nations have abolished capital
punishment, over 60 % of the world's population live in countries where the
death penalty is retained, such as China, India, the United States, Indonesia,
Pakistan, Bangladesh, Japan and Sri Lanka.
Ironically, Israel, which carries out impromptu capital punishment against
unarmed civilians on a regular basis, has capital punishment on its legal
books, but has only used it once against the Nazi leader Adolf Eichmann, who
was brought to Israel, tried and executed by hanging after a court decision in
1962.
Israeli intelligence officials have recommended against the use of capital
punishment against Palestinian fighters worried that it would increase, and not
decrease, attacks on Israelis. By creating a martyr, Israel would encourage
Palestinians to carry out violent missions with no chances of survival since
those carrying them out will know that if they survive, they will be killed
anyway, according to Israeli intelligence leaders.
For Palestinians, abolishing capital punishment will create an internal problem
with the Islamic movements in general, and the acting power in Gaza, Hamas,
which has ordered and carried out capital punishment against Palestinians
numerous times, usually on charges that those individuals carried out treason
acts by providing information to the enemy of the Palestinian people.
For ordinary Palestinians, the issue of capital punishment has not received
enough discussion. While religious debate has justification for both sides of
the argument, the fact is that cancelling capital punishment resonates well
with more progressive secular Palestinians and intellectuals.
It is not clear what the various factions of the Palestine Liberation
Organisation think of capital punishment. In general, left-wing movements
generally oppose it, although some exceptions have been seen worldwide.
The right to life is precious and no mortal has the right to take it away.
Courts across the world have demonstrated in numerous occasions how capital
punishment has been unjustly carried out to innocent individuals. The discovery
of DNA and its introduction to the court system has revealed cases of persons
who were wrongly punished for crimes they did not commit.
The Arabic proverb says, "the sword has preceded justice". The fact that
Palestine has agreed to overcome internal conservative forces and agreed to
commit not to use capital punishment will be added to the legacy of the
Palestinian leadership, specifically to that of the aging Palestinian leader
Mahmoud Abbas.
(source: The Jordan Times)
******************
Palestinian Territories - Abolition of the death penalty
France welcomes the signing of the Protocol on the Abolition of the Death
Penalty by the Palestinian Authority on June 6.
France reaffirms its unwavering opposition to the death penalty everywhere and
in all circumstances and its resolute commitment to the universal abolition of
this unjust, inhuman, ineffective punishment. It calls on all nations that
still have the death penalty to establish a moratorium on it ahead of its
definitive abolition.
(source: diplomatie.gouv.fr)
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