[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

October 7




SOUTH AFRICA:

Death sentence or 2nd chance is the question



Of late, the debate regarding the death penalty has resurfaced.

This follows the unabated crime wave in the country, underlined by the recent 
crime stats that show that about 50 people are murdered daily on these shores.

In South Africa, back in 1995, the Constitutional Court abolished the death 
penalty, ending a decades-old practice of executing criminals convicted of 
serious crimes which had given the country one of the world's highest rates of 
capital punishment.

In America, the home of 'democracy' (if that term even exists anymore), the 
death penalty is still legal in 31 states and illegal in 19 others.

The death penalty has been an ongoing debate over many years, with the argument 
that no one who commits a horrible crime deserved a 2nd chance. This included, 
it seemed, crimes against children.

The recent incident at a restaurant in Pretoria, during which a girl (7) was 
raped in the bathroom over the weekend, in broad daylight, will most likely 
fuel the debate in the minds of many.

I'm sure there will be some who will say that no time behind bars will be 
punishment enough for the terrible trauma and pain afflicted on an innocent 
life.

And then there is the ongoing argument that the prisons are already 
overcrowded. Some might still frown upon sentences handed down to murderers and 
rapists.

Then again, if we live in a democracy, we then have to put our faith in the 
judicial system, otherwise we become a county where the rule of law is 
abolished for the sake of mob justice and tyranny.

In America, the rule of law prevailed when a judge in Pennsylvania jailed the 
US comedian Bill Cosby for three to 10 years for sexual assault. Cosby, 81, was 
also categorised as a sexually violent predator.

So where does this leave us with the death penalty?

The reality is that our government has no intention to budge on its decision of 
1995. This is evident from the efforts made by correctional services, 
throughout the nation, to rehabilitate offenders and to reintegrate them back 
into society.

The Advertiser has now for many years written articles on the programmes run by 
the Boksburg Correctional Services to empower inmates with education, and with 
the necessary skills to be productive members of communities again.

Recently, during a graduation ceremony of inmates at the Boksburg prison, The 
Minister of Justice and Correctional Services, Michael Masutha, urged employers 
not to close their doors when ex-offenders with relevant qualifications seek 
job opportunities at their companies.

On that day, a total of 127 offenders from various correctional centres in 
Gauteng graduated with various qualifications ranging from certificates to 
masters’ degrees from different institutions.

The Advertiser is also aware of a fully-fledged juvenile school that is now 
operational at the Boksburg premises (watch out for this story). So clearly, 
the government's intention is to rather empower than to hang, or to flip the 
switch.

The debate over the death penalty really boils down to: a person deserves a 2nd 
chance. There will be varying opinions on this subject, but personally, I 
believe so.

So many of those behind bars are themselves victims of abuse, trauma, hurt, 
pain, and so the saying goes that hurting people do hurt others. Some are 
behind bars because life handed them a rough deck of cards, others were driven 
by desperation to survive and others just made a bad choice a terrible 
decision.

Such actions can never be justified, no matter the crime, but let us remember 
there is always a story involved and a story that we do not know.

Life is really all about 2nd chances. We have all made terrible decisions and 
wrong choices. Let us just be honest about it. For some of us - because of 
luck, grace or fate - we are fortunately not in prison.

In our democracy, we have to allow the rule of law to prevail, for in this 
country you have to believe there are still consequences to your actions - 
determined by the courts.

We also have to believe people can be remorseful of their deeds, no matter how 
terrible, and they can become better spiritually, emotionally or 
psychologically.

If we don’t, then we have lost all hope in humanity, and thus our own humanity 
becomes enslaved by the cruelty of our own fears and intolerances.

(source: Editorial, boksburgadvertiser.co.za)








MALAYSIA:

Liew: Study on move to abolish death penalty at final stage



A study to abolish the mandatory death sentence is in its final stage before 
being presented to the Cabinet, said Minister in the Prime Minister's 
Department Datuk Liew Vui Keong.

According to Liew, the study was conducted by the Attorney General's Chambers 
following the government's intention to abolish the death penalty made in 
accordance with International Standards on Human Rights.

"I'm sure, if possible, we can table the Bill by the end of the year," he said 
after a community social integration programme in Kampung Karamunting here on 
Saturday night.

The programme was organised by the Sandakan district National Anti-Drug Agency 
under the agency's Drug Treatment and Rehabilitation Committee in collaboration 
with the Rukun Tetangga of Kampung Karamunting. Liew, who is also in charge of 
legal affairs, said the mandatory death sentence was for offences relating to 
drug trafficking, murder and terrorism.

He said that in reviewing the punishment, various aspects will be taken into 
account in ensuring an appropriate penalty was doled out to offenders, 
particularly for murder and terrorism.

"For me, in drug cases, sometimes we are overly hard on those being used as 
drug mules, but our laws against anyone found guilty of trafficking excessive 
amounts of drugs (Under Section 39B of the Dangerous Drugs Act 1952) is the 
mandatory death sentence."

According to him, if the mandatory death sentence can be abolished, the focus 
will be on Section 39B of the Dangerous Drugs Act 1952.

(source: thestar.com.my)








PAKISTAN:

Final Death Sentence Appeal Scheduled for Pakistani Christian Asia Bibi



Asia Bibi, a Pakistani Christian sentenced to death for blasphemy, will have 
her final appeal heard tomorrow, October 8, the Supreme Court of Pakistan has 
announced.

Bibi, a 51-year-old mother of 5, has been in prison since 2009.

A special 3-member panel comprised of Chief Justice Mian Saqib Nisar, Justice 
Asif Saeed Khosa, and Justice Mazhar Alam Miankhel will hear the appeal.

The appeal has been languishing with the Supreme Court since 2015, when it 
issued a stay of execution.

Bibi was first convicted of blasphemy by a lower court in 2010 and sentenced to 
death. The Lahore High Court upheld her death sentence in 2014.

Dawn (PK) details the charges:

The allegations against Bibi date back to June 2009, when she was labouring in 
a field and a row broke out with some Muslim women she was working with.

Asia Bibi, accused of insulting the Prophet Muhammad (PBUH) during an argument 
with a Muslim woman over a bowl of water, was convicted and sentenced to death 
in 2010 despite her advocates maintaining her innocence and insisting the 
accusers held grudges against her.

She was asked to fetch water, but the Muslim women objected, saying that as a 
non-Muslim she was unfit to touch the water bowl.

The women went to a local cleric and accused Bibi of blasphemy against the 
Prophet, a charge punishable by death under legislation that rights groups say 
is routinely abused to settle personal vendettas.

Bibi's supporters maintain her innocence and insist it was a personal dispute, 
and the Vatican has called for her release.

Pakistan's notorious blasphemy law has been repeatedly used to target religious 
minorities, including Christians and Ahmadi Muslims (whom Pakistan does not 
recognize as Muslims).

The hashtag #HangAsiya in support of Asia Bibi's death sentence is currently 
trending on Twitter in Pakistan.

(source: pjmedia.com)








INDIA:

Calcutta HC Commutes Death Sentence Of 7 For Witch-Hunting 3 Women, Says When 
Motive Is Engrained In Psyche, Judicial Execution Doesn't Help



The Calcutta High Court has commuted to life the death sentence of 7 men guilty 
of killing 3 women believing them to be witches while noting that when motive 
of crime is engrained in psyche, judicial execution does not help and that 
cases like this reflected upon the failure of the state to perform its 
constitutional duty of spreading universal education to the darkest corner.

The decision was taken by a bench of Justice JoymalaBagchi and Justice Moushumi 
Bhattacharya, which also directed the state government to implement guidelines 
issued by the court in the year 2016 to check the crime of witch-hunting by 
mounting effective surveillance, compensation to victims etc.

In the part of the judgment penned by Justice JoymalaBagchi, he commuted to 
life the death sentence awarded to Sani Mandi, Bhaku Singh, Rabin Singh, Mangal 
Singh, Nura Singh, Somai alias Samai Mandi and Kali Singh while upholding the 
life term awarded to 4 others - Chhabi Singh, Panchami Singh, Kuni @ Kuri 
Singh, Lakshmi Singh @ Kuni.

The lifers have also been slapped a fine of Rs 60,000 each.

The court, however, acquitted 2 co-convicts Chandmoni Singh and Jayanti Singh @ 
Jayeti who had been sentenced to life.

All the men are members of Munda community, a Scheduled Tribe residing at 
Dubrajpur and Haridaspur villages in the district of Paschim Medinipur.

They had been booked for murdering 3 women - Sambari Singh, Fulmani Singh and 
Sombari Singh - believing them to be witches responsible for the ills and 
diseases facing their village.

On October 16, 2012, under the leadership of one Thoba Singh, who is absconding 
still, a meeting was organised where the 3 women were declared witches and 
asked to pay a fine of Rs 60,000 which was far from their paying capacity.

Due to their failure to pay the fine, the women were assaulted with fists and 
blows and dragged to river Kangsabati where their bodies were found the next 
morning buried on the bank.

The families of the victims intervened but were threatened.

While upholding the conviction of all but two by carefully examining the role 
of each of them in the crime and holding those guilty whose role are 
corroborated by 2 or more witnesses (as laid down by the apex court in case 
titled Busi Koteswara Rao and Ors. vs State of A.P.) Justice Bagchi said, "In 
view of the legislative scheme under section 354(3) read with section 235(2) 
Cr.P.C...I hold it is the duty of the Court at the time of hearing on sentence 
to call upon the prosecutor and the defence to adduce evidence in support of 
the aggravating and mitigating factors available in the case and thereupon come 
to a conclusion as to whether upon a balance sheet of the aggravating and 
mitigating factors so established the case falls within the category of 'rarest 
of rare' cases, justifying imposition of death penalty."

(source: livevlaw.in)








IRAQ:

Iraq to hang 'terrorist' who killed famed Christian Archbishop



An Iraqi court on Sunday sentenced to death yet another "terrorist" who was 
accused of partaking in the 2008 murder of Archbishop Paulos Faraj Rahho, one 
of the most famous and respected bishops of the Chaldean Catholic Church in 
Mosul, Nineveh.

In late February 2008, Rahho was kidnapped by gunmen who intercepted his car in 
al-Nour neighborhood and killed his 2 guards and driver, east of Mosul.

The incident occurred just after the 65-year-old bishop ended his prayers in 
his church, at a time when Christians were the target of insurgents throughout 
Iraq.

The kidnappers had demanded a ransom for the bishop's release. But the money 
was not paid and, reportedly, Rahho had called his church demanding the money 
not be handed over.

"He believed that this money would not be paid for good works and would be used 
for killing and more evil actions," church officials had said, according to the 
New York Times.

In March, the bishop's body was found buried in a shallow grave near Mosul, and 
security forces promptly arrested many suspects.

Upon the inspection of his body, Raho's exact cause of death was not apparent 
since he had a history of health problems.

The incident drew condemnation from the Vatican and foreign governments 
including the United States.

Just two months after in 2008, Iraq announced the death sentence of Ahmed Ali 
Ahmed, known as Abu Omar, who, then Iraqi government spokesperson Ali 
al-Dabbagh, said was a leader of al-Qaida in the country.

A spokesperson for the Supreme Judicial Council, Judge Abdul Sattar Birqdar, 
said in a statement that the Central Criminal Court considered the case and 
handed the "terrorist' the death penalty.

The statement did not mention the individual's name.

Birqdar added that the convict had asked Rahho's church in Mosul to "pay 50,000 
dollars for his release," but the church did not comply with his request at the 
time.

"The death sentence against the terrorist comes on the basis of the provisions 
of article 4 of the anti-terrorism law," he said.

Christians in Iraq have been subjected to increasing rates of violence since 
2003, prompting many to move to the Kurdistan Region while others left to 
Europe and America for security. Iraq's Christian population is believed to 
have nearly halved since the fall of Saddam Hussein.

(source: kurdistan24.net)