[Deathpenalty] death penalty news----worldwide

Fri Oct 12 08:48:19 CDT 2018

October 12

ANTIGUA:

Top Cop says Death Penalty Can Be a Deterrent

Acting Commissioner of Police, Atlee Rodney, believes there is still a place 
for the death penalty in today's society.

"Over the years we keep hearing all the debate about it, but I think it still 
has its place. I think it can serve as a deterrent to some of the heinous 
crimes we are having. Some persons think it is inhumane but you need to have 
certain things to serve as a deterrent to crime. I am one of the people who 
think it still has its place," the acting commissioner said.

He was speaking with OBSERVER media on the occasion of World Day Against the 
Death Penalty.

Rodney acknowledged that there are those who would argue that there are 
countries which continue to practice the death penalty which would suggest that 
it has not acted as a deterrent.

"But, I think that we need to have some sort of strong punishment to send a 
serious message in those cases," Rodney said. "It is still on the books but 
there has been a lot of procedures and rulings from higher courts that give 
certain instructions."

The World Day Against the Death Penalty is observed annually on October 10 
since 2003.

It has been spearheaded by the World Coalition against the Death Penalty 
(WCADP).

Many renowned institutions that support the anti-death penalty thrust, 
including Amnesty International, and Human Rights Watch, are members of WCADP.

The annual commemoration highlights the plight of those who have been denied 
the most essential human right of all, the right to life, by the justice 
system.

This year, the aim is to raise awareness of the inhumane living conditions of 
people sentenced to death.

The Greater Caribbean For Life has highlighted that too often, the UN Standard 
Minimum Rules for the treatment of prisoners are ignored, with many death row 
inmates confined to harsh and inhumane conditions.

The rules set out the minimum standards for good prison management, to include 
ensuring the rights of prisoners are respected.

In a release, the activist group listed overcrowding, solitary confinement, 
substandard physical and psychological health care, as well as insufficient 
access to natural light as some of the problems plaguing those condemned to 
death.

(source: stluciatimes.com)

UGANDA:

Journey of Hope Organisation visits the Commission

Staff from Journey of Hope Uganda chapter together with US based chapter paid a 
courtesy visit to Uganda Law Reform Commission. The purpose of this visit was 
to advocate for the abolition of the death penalty and replace it with 
alternative forms of punishment. This will end the cycle of violence that 
capital punishment perpetuates in society. The speakers shared their stories 
about the process of healing through reconciliation. Among these included 
family members of those executed by death row and those exonerated from death 
row.

(source: ulrc.go.ug)

IRAN:

Iranian Yarsani Man; Killed by Security Forces or Executed in Prison?

Iranian state-run media say Ramin Majidifar has been executed on rape charges 
while some human rights activists say he was initially arrested by security 
forces for propagating his religious beliefs.

On October 9, 2018, Iranian Semi-official Fars News Agency reported that Ramin 
Majidifar was executed in the Iranian city of Hamedan on rape charges. 
According to the report, he was arrested on August 16, 2018, in Hamedan and was 
convicted to death for raping 10 people, kidnapping, recording video of his 
sexual relationship with women and blackmailing them.

However, some human rights activists, including Iran HRM website, report that 
he was arrested in the Iranian city of Tuyserkan -not Hamedan- and for charges 
like spreading propaganda for Yarsan faith. Ramin Majidifar was a Yarsani, 
belong to Yarsan faith which has hundreds of thousands of followers, mostly in 
western Iran and among Kurds.

Some human rights activists claim that he was killed while was under arrest by 
security forces, and his execution was announced to cover the murder.

Lack of transparency in Iranian Judiciary and suppressing freedom of the press 
makes it difficult for the media and human rights activist to obtain credible 
information in such cases. In this regard, Iran Human Rights (IHR) Persian 
website has invited those who know about Ramin’s case or have pieces of related 
evidence, to contact the organization.

(source: Iran Human Rights)

PAKISTAN:

LHC sets aside death sentence handed to PML-N MNA Abid Raza, 3 others in murder 
case

The Lahore High Court (LHC) on Thursday acquitted PML-N MNA Chaudhry Abid Raza 
and 3 others in a murder case, DawnNewsTV reported.

A 2-member LHC division bench comprising Justice Sardar Shamim Ahmad and 
Justice Shehbaz Rizvi was hearing the case.

A trial court had sentenced Raza in 1999 under Section 302 of the Pakistan 
Penal Code and Section 7 of the Anti-Terrorism Act (ATA) for murdering 6 
people. The conviction was challenged before the LHC but was dismissed when 
both parties reached a compromise. The death sentence was revoked in 2003 by a 
division bench.

In 2016, the Supreme Court suspended the 2003 judgement and remanded the case 
to the LHC.

Last month, the LHC bench that was hearing the case, had appointed a criminal 
law expert as amicus curiae (friend of court) to decide whether an offence 
under Section 7 of the ATA was compoundable (reconcilable).

During today's hearing, the MNA's lawyer had argued that Raza was acquitted 
after an agreement with the complainant. The state lawyer, however, said that a 
compromise deed did not hold in a terrorism case and urged the court to 
reinstate the trial court's verdict that was issued in 1999.

Previously, the counsel for MNA and other convicts had claimed that Section 7 
of the ATA was not added in the case. They argued that the high court would 
have to hear the appeal against the conviction on merits if it maintained death 
penalty under the special law.

The counsel had further said that the omission from conviction under section 7 
of ATA in the 2003 decision was on part of the court and the acquitted convicts 
could not be punished for that error.

The bench, in its ruling today, suspended the trial court's decision and 
acquitted four people, including Raza, MNA from NA-71 (Gujrat).

(source: dawn.com)

PAPUA NEW GUINEA:

UN pushes for PNG to abolish death penalty

As the world mark the 16th World Day against Death Penalty, the UN Resident 
Coordinator in PNG reaffirms the UN’s commitment towards the abolition of death 
penalty in PNG.

Even though, the Papua New Guinean courts still hand down death sentences, none 
have been carried out since 1954, amounting to a de facto moratorium on the 
punishment.

UN resident coordinator Gianluca Rampolla said that the last execution occurred 
over half a century ago making it de facto.

"The last execution in Papua New Guinea occurred in 1954, over half a century 
ago, putting Papua New Guinea in line with 140 out of 153 UN member states, 
which have abolished the death penalty in law or in practice," Mr Rampolla 
said.

He urged the government to formalise the de facto moratorium.

"On behalf of the UN, I urge that the de facto moratorium on the death penalty, 
in line with the global trend towards abolition, must be maintained and 
formalised."

He said that the right to life is the most fundamental of all rights.

It lies at the very heart of international human rights law."

He said that there was no evidence that the death penalty deterred crime while 
there was ample evidence that it resulted all-too-frequently in miscarriage of 
justice.

"It is the certainty of punishment, not the severity that has proven to be an 
effective deterrent to crime."

He echoed the remarks of United Nations High Commissioner for Human Rights Zeid 
Ra'ad Al Hussein concluding his country visit to PNGin February 2018 that 
"transparent societies with a strong emphasis on the rule of law, 
accountability and human rights attract opportunities for growth, and make for 
more stable societies".

Mr Rampolla said that the UN works with the PNG government, civil society and 
other development partners.

This is to strengthen rule of law and to uphold respect for human rights.

"We also work with the law enforcement agencies and justice system to put in 
place mechanisms to deal with serious issues such as human trafficking and 
people smuggling, juvenile justice, domestic violence, and sorcery accusation 
related violence."

(source: postcourier.com.pg)

INDONESIA:

Busting the myths of the death penalty

October 10 is World Day against Death Penalty. Indonesia is one of the few 
remaining countries that still implements capital punishment. Despite many 
rejections from various circles, the Indonesian government still believes the 
death penalty serves as an effective deterrent against crime.

In a book, Politik Hukuman Mati di Indonesia (The Politics of Capital 
Punishment in Indonesia), I wrote that research on the deterrent effect of the 
death penalty has yet to be conducted in Indonesia. Apart from the lack of 
empirical data, other arguments and studies around the world have shown the 
deterrent effect of capital punishment is a myth.

The rationale of capital punishment

Within penology, a branch of criminology that studies criminal sanctions, the 
idea that the death penalty has a deterrent effect rose with the influence of 
classic utilitarianism in the 18th century within the Western legal system.

Classic utilitarianism is a theoretical approach to ethics that was introduced 
by the philosophers Jeremy Bentham and John Stuart Mill. Scholars before them, 
such as Immanuel Kant in The Philosophy of Law, regarded punishment as a moral 
obligation. Kant saw sanctions not as an attempt to promote goodness but as a 
direct punishment against the perpetrator of a crime.

Classic utilitarianism also shifted the perspective of penalties towards its 
purpose or consequences. Based on the utilitarian approach, a sanction is 
justified if it can bring the most benefit to the most number of people. If 
crime can be prevented to create public safety, then a punishment is justified.

Capital punishment is then seen as a type of sanction that can effectively 
scare people from committing crime. The death penalty is not valuable because 
it's a legal court "sanctioned act to kill". It's valuable because it creates a 
particular benefit, the prevention of crime as it deters people from 
transgressing in the first place.

The death penalty in Indonesia

Capital punishment in Indonesia has been in effect since the colonial era. The 
Governor General of the Dutch East Indies Herman Daendels utilised capital 
punishment as a method to silence rebellion within the colonies. The legal 
basis of the death penalty was formalised in Dutch colonial penal code (Wetboek 
van Strafrecht voor Indonesia (WvSI)) on January 1, 1918. Provisions within the 
WvSI were maintained as Indonesia's penal code even after the country's 
independence.

>From the colonial era until today, the death penalty is still being carried out 
in Indonesia despite numerous renunciations. Rejection mostly comes from civil 
organisations such as Amnesty International, The Commission for Missing Persons 
and Victims of Violence (KontraS), and the Institute for Policy Research and 
Advocacy (Elsam).

Their reason to refuse the death penalty relates to the concept that capital 
punishment as a penalty violates human rights and, at the same time, does not 
guarantee fair trial. The National Commission for the Protection of Human 
Rights (Komnas HAM) also recommends its practice in Indonesia be reviewed.

However, it seems the government has turned a blind eye and still goes forward 
with the death penalty in Indonesia.

The most high profile case of capital punishment that received global attention 
happened in 2015.

On January 18 and April 29, 2015, the government executed 14 death row inmates 
who were convicted for drug-related crimes.

President Joko "Jokowi" Widodo has proclaimed he will enforce the law and 
eradicate drug abuses as they have torn the nation apart. Jokowi's stance on 
capital punishment is seen as a decisive act and a call to war against 
narcotics. Jokowi believes the death penalty is a manifestation of the 
government's responsibility to protect future generations.

The myth of deterrence

K.G. Armstrong, a penologist, sees punishment as a way to inflict suffering 
against a criminal perpetrator so they won't repeat the same violation, and to 
deter others from the same crime.

However, the claim capital punishment can have a deterrent effect against 
future crime has been refuted many times. Numerous studies, especially within 
the US, have cast doubt on the deterrent effect.

The main reason for doubt relates to the difficulty of obtaining empirical 
evidence for the effect of capital punishment. Sociologist Michael L. Radelet 
and criminologist Ronald L. Akers stated in 1996 that to prove the death 
penalty's deterrent effect we would need a method that may be constrained by 
the ethics of research. Ultimately, it's not ethical to measure the deterrent 
effect of capital punishment before and after an execution.

A method that can then be used is to measure the statistics of crime that are 
subject to the death penalty, and compare data before and after an execution.

However, research conducted by sociologist David Johnson in Japan and South 
Korea shows how the decline in the executions in Japan is followed by a decline 
in murder cases. In the 1950s, the average number of executions in Japan was 25 
per year while in the 1980s that average dropped to only 1.5 per year. During 
that period, the murder cases dropped by 80%.

On the other hand, in South Korea, there was not a significant difference in 
the number of murder cases between the years before and after 23 people were 
executed in 1997. This data questions the ability of the death penalty to 
control crime.

Another problem related to measuring the deterrent effect is that even if there 
was a decline, is it not possible it was influenced by other factors?

Law professor Stuart Banner found the deterrent effect for murders in the US 
cannot be isolated from the influences of other factors such as population 
density, welfare equality, level of education and religion.

The factors mentioned above affect the number of crimes. While other studies 
that have sought to prove the deterrent effect of capital punishment, tend to 
see those extraneous factors as constant.

Minimal support from criminologists

Radelet and Akers's research presented noteworthy data showing there is minimal 
support from criminologists of the death penalty.

They concluded capital punishment does and will not have higher deterrent 
effect than lifelong imprisonment. They also found the death penalty is nothing 
more than a political commodity in relation the electability of politicians 
during election season.

In 2009, Radelet conducted another study with a similar method along with legal 
expert Traci L. Lacock.

Involving 94 respondents, the research has shown only 2.6% agreed with the 
statement that the death penalty can deter people from committing murder. The 
remaining 86.9% disagreed. This means only a small number of acclaimed 
criminologists in the US actually believes the threat of the death penalty can 
curtail murder. Most of them believe life imprisonment is a stronger deterrent.

In other words, criminologists agree capital punishment is not supported with 
strong empirical data that it can decrease crime.

Although classic utilitarianism is seen as the foundation of penal theory, in 
An Introduction to the Principles of Morals and Legislation, Jeremy Bentham 
explained there were certain conditions where the implementation of certain 
sanctions can no longer be condoned. Those conditions include circumstances 
when punishments can no longer prevent crime or if there are alternative types 
of sanctions that can do a better job.

Due to minimal evidence and support from empirical data, the Indonesian 
government should reevaluate the practice of capital punishment.

(source: phys.org)

MALAYSIA:

Malaysia to Repeal Death Penalty and Sedition Law

The case of Muhammad Lukman Mohamad ignited outrage in August, when he received 
a death sentence in Malaysia for selling medicinal cannabis oil to cancer 
patients.

Even the country's new prime minister, Mahathir Mohamad, called for a review of 
the sentence the 29-year-old father received.

Now, Mr. Mahathir's government is going 1 step further, eliminating the death 
penalty entirely.

"All death penalty will be abolished. Full stop," the country's minister of 
law, Liew Vui Keong, told reporters this week.

The government is also preparing to rescind the colonial-era Sedition Act, 
which was used by previous governments to silence critics and opposition 
politicians. Gobind Singh, the communications and multimedia minister, said on 
Thursday that use of the law should be suspended immediately, pending its 
repeal.

"The decision was made by the cabinet yesterday that since we are going to 
abolish the Sedition Act, action under that act should be suspended 
temporarily," he told reporters.

Parliament is expected to consider measures rescinding both laws in the coming 
weeks.

About 1,200 people, many of them sentenced for drug offenses, are on death row 
in Malaysia. The government imposed a moratorium on executions in July.

Amnesty International called the decision to end capital punishment "a major 
step forward for all those who have campaigned for an end to the death penalty 
in Malaysia."

Abolishing capital punishment and repealing the Sedition Act were in the 
campaign platform of Mr. Mahathir's coalition, Pakatan Harapan, but the 
measures received little attention during the recent election campaign.

The coalition won a surprising victory in May over the political machine of the 
prime minister at the time, Najib Razak, who now faces dozens of charges of 
corruption. Mr. Mahathir, 92, previously served as prime minister from 1981 to 
2003.

Ending the death penalty could aid in the investigation of Mr. Najib's possible 
role in the 2006 murder of a Mongolian woman, Altantuya Shaariibuu, by his 
bodyguards. While the bodyguards were convicted, the authorities hope to 
discover who gave the orders.

Ms. Altantuya helped negotiate Malaysia's purchase of French submarines, a 
transaction that remains under investigation for possible kickbacks. She 
claimed that she was owed $500,000 for helping to broker the deal.

One person convicted of her murder, Sirul Azhar Umar, fled to Australia, where 
he is now in immigration detention. He has offered to help Malaysia's new 
government in its investigation, but Australia had been unwilling to return him 
because he could have faced the death penalty in Malaysia.

Securing Mr. Sirul's return was not the purpose of abolishing the death penalty 
but is “a good side benefit,” said Ramkarpal Singh, a member of Parliament and 
the brother of Mr. Gobind.

"Now the Australian government must send him back," he said. "They have no 
reason to keep him once it is abolished."

Malaysia's move to end capital punishment goes against the grain in Southeast 
Asia, where some countries execute people convicted of trafficking even 
relatively small amounts of narcotics.

Only 2 countries in the region, Cambodia and the Philippines, have banned the 
death penalty. And President Rodrigo Duterte of the Philippines, who has 
encouraged extrajudicial killings of thousands of drug users and sellers, is 
leading an effort to reinstate legal executions.

In Malaysia, the death penalty is mandatory for murder, drug trafficking, 
treason and waging war against the king.

The case of Mr. Mohamad, the cannabis oil seller, helped focus attention on the 
unfairness of imposing a mandatory death sentence in drug trafficking cases 
even when they involved the sale of relatively small amounts, said Mr. 
Ramkarpal, who has long opposed the death penalty.

During his trial, Mr. Mohamad testified that he had sold cannabis oil to 
patients suffering from life-threatening illnesses.

"Cases like that made the point very clearly that the mandatory death penalty 
ought to go," Mr. Ramkarpal said.

(source: New York Times)

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

Malaysia decision raises hopes for Exposto

A convicted Australian drug trafficker on death row in Malaysia could escape 
the hangman's noose after the government of Prime Minister Mahathir Mohamad 
announced plans to abolish the death penalty.

An appeal court in Malaysia sentenced Sydney grandmother Maria Elvira Pinto 
Exposto to death by hanging earlier this year after overturning her earlier 
acquittal on charges of trafficking 1.5kg of crystal methamphetamine into 
Malaysia.

"That will have a very very positive effect on Maria's case, it means she won't 
face the death penalty," Exposto's lawyer, Farhan Shafee, told AAP.

Abolition of the death penalty was announced on Wednesday - World Day Against 
the Death Penalty - and Shafee said legislation was expected to be tabled in 
parliament next week.

"We are still waiting for it to be tabled," he said. "Of course we are very, 
very happy to read the news and we welcome this decision by the cabinet. This 
means Malaysia will conform with international standards, which we have always 
been advocating."

Exposto, 54, claimed she was the victim of a set-up after she was found with 
the drugs stitched into the lining of her bag when arriving in Kuala Lumpur on 
a flight from China en-route to Melbourne in 2014.

She was acquitted after the judge found she was scammed by her online boyfriend 
and was unaware she was carrying the drugs. But the prosecution in the appeal 
argued Exposto had been wilfully blind, that her defence was made up and she 
had engaged in a "sly game".

Shafee said a date had not yet been set for Expostos's final appeal to be heard 
in the Federal Court, although he expected this to be made known shortly.

Australia's relationship with Malaysia has been strained in the past over the 
use of the death penalty and soured in 1986 amid the hanging of Australian drug 
runners Kevin Barlow and Brian Chambers.

The decision to abandon the death penalty was also welcomed by Amnesty 
International.

"Today's announcement is a major step forward for all those who have campaigned 
for an end to the death penalty in Malaysia," Kumi Naidoo, Amnesty 
International's Secretary General, said.

"Malaysia must now join the 106 countries who have turned their backs for good 
on the ultimate cruel, inhumane, degrading punishment - the world is watching."

(source: Australian Associated Press)

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

Aussie on death row wins reprieve as Malaysia abolishes the death penalty

Malaysia has decided to abolish the death penalty, a senior minister said 
Thursday, with more than 1200 people on death row, including Australian Maria 
Elvira Pinto Exposto, set to win a reprieve following a groundswell of 
opposition to capital punishment.

Executions are currently mandatory for murder, kidnapping, possession of 
firearms and drug trafficking, among other crimes, and is carried out by 
hanging - a legacy of British colonial rule.

Human Rights Watch hailed the "fabulous news", with its deputy director for 
Asia Phil Robertson saying the move would increase pressure on other countries 
in the region to follow suit.

The government decided to scrap capital punishment because the Malaysian public 
had shown they were against the death penalty, communications and multimedia 
minister Gobind Singh Deo Gobind said.

"I hope the law will be amended soon," he told AFP.

Government minister Liew Vui Keong reportedly said earlier Thursday there would 
be a moratorium on executions for inmates currently on death row.

"Since we are abolishing the sentence, all executions should not be carried 
out," the Star newspaper quoted him as saying.

Liew said the amended law would be put before parliament next Monday.

The government's announcement was "an encouraging sign", Amnesty 
International's Kumi Naidoo said in a statement.

"There is no time to waste - the death penalty should have been consigned to 
the history books long ago."

The moratorium on the death penalty affects, among others, two women accused of 
assassinating the estranged half-brother of North Korean leader Kim Jong Il 
last year.

A Malaysian court last year ruled the case could proceed against Indonesian 
national Siti Aisyah and Doan Thi Huong of Vietnam after Kim Jong Nam's murder 
at Kuala Lumpur Airport.

Australian citizen Exposto, 54, who was found guilty of drug smuggling by an 
appeals court in May, will win a reprieve.

"The reprieve can be in the form of a life sentence," Gurdial Singh, president 
of the National Human Rights Society, told AFP.

2 Chilean tourists, currently on trial for the murder of a Malaysian man, would 
also have faced the death penalty if found guilty of murder.

The abolition could also pave the way for the extradition to Malaysia of a 
convicted hitman in the high-profile murder of a Mongolian model who was the 
lover of one of ex-prime minister Najib Razak's close associates.

Supplied

Former Malaysian police officer Sirul Azhar Umar was convicted in Malaysia for 
the murder of Altantuya Shaariibuu in 2006, but fled to Australia.

Australia has said it can only extradite him if Malaysia abolished the death 
penalty.

'Barbarous, cruel'

In April last year, Amnesty International ranked Malaysia 10th in the use of 
death penalty among the 23 countries that carried out capital punishment in 
2016.

Between 2007 and 2017, 35 individuals were hanged, the New Straits Times 
newspaper said.

A total of 1,267 prisoners are on death row, making up 2.7 % of the 
60,000-strong prison population.

Malaysian rights advocates welcomed the decision, saying there was never any 
proof that mandatory death sentences deterred offenders from violent or 
drug-related crimes.

"The death penalty is barbarous, and unimaginably cruel," N. Surendran, an 
advisor with the Lawyers for Liberty rights group, said in a statement.

Once capital punishment is scrapped, Malaysia will have the moral authority to 
fight for the lives of Malaysians facing death sentences abroad, he added.

Only 23 countries retain the death penalty, with China believed to be the 
"world's top executioner", according to Amnesty International in its report 
last month on capital punishment in 2017.

There were 993 executions recorded in 2017 in 23 countries, but Amnesty's 
numbers do not include the "thousands" it says are believed to have been 
executed in China, which classifies this information as a state secret.

Excluding China, Amnesty says Iran, Saudi Arabia, Iraq and Pakistan - in that 
order - carried out 84 % of all executions in 2017.

In Southeast Asia, Indonesia, Singapore and Thailand have death penalty laws.

(source: sbs.com.au)

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

Filipina to raise constitutional issues in death penalty appeal

A 9-member Federal Court bench will be assembled early next year to hear an 
appeal by a Filipina who is facing the death sentence for drug trafficking.

Justice David Wong Dak Wah, who chaired a 5-member bench today, allowed the 
application by lawyer Gopal Sri Ram, who is appearing for Alma Nudo Atenza, on 
grounds that constitutional issues would be raised.

Wong then adjourned the case to Jan 9 to have the case heard before an enlarged 
panel.

Sri Ram, who was assisted by A Srimurugan, said there would be a challenge to 
the constitutionality of section 37A of the Dangerous Drugs Act (DDA) 1952 
which allows the court to invoke double presumptions to convict an accused.

Written submissions made available to FMT said the Federal Court in the 1998 
case of Muhammed Hassan v Public Prosecutor had held that presumptions could 
not be used as that would be oppressive.

However, as a result, the government introduced section 37A to allow the 
prosecution to rely on presumptions under section 37 (d) and 37 (da) of the 
DDA, thereby overuling the Federal Court judgment.

Alma, in her written submission, said Article 74 (1) of the Federal 
Constitution only allowed Parliament to make laws but the power to declare law 
was in the hands of the judiciary.

What Parliament did by introducing section 37A amounted to reversing the 
Federal Court judgement in Muhammed's case, she added.

She argued that section 37A also violated her constitutional right to life 
under Article 5.

The Court of Appeal last year affirmed the 2016 findings of the High Court, 
which sentenced her to death for trafficking 2.5kg of methamphetamine at the 
Kuala Lumpur International Airport in Sepang on Aug 19, 2014.

The drugs in 36 packages were found in a hand luggage.

The High Court said Alma, a mother of three, had failed to raise a reasonable 
doubt on the prosecution's case.

The court further held that she had failed to rebut the presumption of 
possession and knowledge under section 37(d) and had failed to rebut the 
presumption of trafficking under section 37 (da).

However, the defence took the position she was an innocent carrier of the 
luggage from Hong Kong which was given by an African friend.

(source: freemalaysiatoday.com)

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

Cabinet places moratorium on medical marijuana case, Lukman escapes the gallows

The Cabinet has agreed to place a moratorium on Muhammad Lukman's death 
sentence, who was recently sentenced for possessing, processing and 
distributing medical marijuana (cannabis oil).

Youth and Sports Minister Syed Saddiq Syed Abdul Rahman (pic) said this to 
reporters, when met during his visit to Pakatan Harapan's youth machinery for 
the Oct 13 polls in Port Dickson.

"I brought this issue up in the Cabinet as well and had discussions with (Prime 
Minister) Tun Dr Mahathir Mohamad. As a consensus, we agree that it (death 
penalty) should not have happened.

"At the same time, we have also agreed to put a moratorium on his death 
penalty," he said.

Syed Saddiq also said the Cabinet has agreed that patients who used medical 
marijuana should never be punished by the law.

"So, it's 2 accounts. One is death penalty as a whole, which will be taken 
down. And 2nd, at the same time, the usage of medical marijuana should never be 
punished by death penalty."

Pressed further on whether medical marijuana should be legalised, Syed Saddiq 
replied "one by one."

Lukman, a 29-year-old father of 1, was arrested in Dec 2015 for the possession 
of 3.1 litres of cannabis oil, 279 grams of compressed cannabis, 1.4kg of 
substance containing tetrahydrocannabinol (THC).

He was nabbed by the police along with his 5-month pregnant wife, who was freed 
later, during a raid at his home. He was handed a death sentence by the Shah 
Alam High Court on Aug 30.

The death sentence meted down to him had triggered a public outcry from various 
quarters, including Permatang Pauh MP Nurul Izzah Anwar, who said she will be 
writing an appeal to the Attorney General to seek a pardon for Lukman.

Dr Mahathir, had on Sept 19, said that Lukman's death sentence should be 
reviewed, while an online petition calling for his release, had garnered almost 
70,000 signatures so far.

(source: thestar.com.my)

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

Online poll reveals majority of netizens opposed to death penalty abolition

An overwhelming 82 % of netizens opposed the government's move to axe the death 
penalty, as polled by Berita Harian Online, Harian Metro and the New Straits 
Times Online.

The stance of 22,000 Facebook and Twitter users was made clear in the online 
poll which opened yesterday.

Only 18 per cent of respondents backed the Cabinet’s bid to do away with 
mandatory death penalty in cases like murder and drug-trafficking.

Student Nur Disyah Aminuddin disagreed with the bid to abolish the death 
sentence as it could lead to more crimes.

"Why must we keep criminals in jail? Their upkeep is borne by the people. If 
there is no death sentence, then criminals would no longer be afraid and this 
would lead to a crime wave," she said.

Sharing the same sentiment, respondent Mohd Adam cautioned that such abolition 
would be a greenlight for criminals to cast aside fear of the law.

"If the death penalty is abolished, it will be a signal for criminals not to be 
afraid of the law.

"All (convicted criminals) will escape (the death sentence) for serious 
offences like vicious murders, robberies that end up in murders, and 
drug-trafficking," he said.

For David Lee, he opined that the government should instead allow the 
imposition of the death penalty on a case-to-case basis.

"There are many cases of murderers and rapists lacking in humanity who deserve 
deterrent punishment.

"The death penalty will also be justice for the victims' families," he said.

Respondent Nik Azman said that instead of doing away with the death sentence, 
the government should instead show its seriousness in combating corruption by 
increasing penalties for graft cases.

Respondents Sulaiman Jamin, Ron Guiza and Gnera Nineleven even suggested that 
Islamic Hudud-style punishments be implemented in Malaysia.

However, respondent and student Joon Hoe Tan threw his support behind the 
Cabinet's move as many countries no longer imposed the death penalty.

"The death sentence does not cut down crime. Life imprisonment is an 
opportunity for offenders to repent," he said.

Respondents Anne Axry and Faizatul Hanim Afandi said there were many 
alternative ways to penalise criminals and imposing the death penalty was akin 
to infringing on the domain of God.

(source: nst.com.my)

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

Death penalty or no, police to push for maximum punishment for drug offences

Maximum punishment will still be pushed by the Bukit Aman Narcotics Crime 
Investigations Department (NCID) when dealing with drug traffickers, even if 
the death penalty is abolished.

"If we look under the Dangerous Drug Act, there is a provision there that 
states that the court can punish the trafficker with life imprisonment with 
whipping of no less than 15 strokes," said Comm Datuk

Seri Mohmad Salleh during a press conference at the district police 
headquarters here today (Oct 12).

He was responding to questions regarding the planned abolishment of the death 
penalty.

Comm Mohmad Salleh reiterated that the police would always go for the maximum 
punishment when it came to drug trafficking.

He said, personally, he thought the death penalty was a more suitable 
punishment.

"If you ask me, I would still prefer the death penalty.

"You must remember that the trafficker also kill (with drugs). Slowy. But 
surely.

"So, my personal opinion is that the best punishment is capital punishment. But 
as an enforcement officer, we will follow whatever law that has been passed by 
Parliament."

(source: thestar.com.my)

SRI LANKA:

Appeal filed against Duminda Silva's death penalty dismissed

An appeal filed against the death penalty imposed on former Parliamentarian 
Duminda Silva was dismissed by the Supreme Court today.

Duminda Silva and 2 others, who were sentenced to death, had appealed against 
the sentence.

The Supreme Court however dismissed the appeal today.

Duminda Silva was found guilty in the Bharatha Lakshman Premachandra murder 
case and was sentenced to death.

Bharatha Lakshman Premachandra, a former Presidential advisor, and his 
bodyguards were murdered in October 2011 ahead of elections held at the time.

Duminda Silva was also injured in the incident and he sought treatment overseas 
but he was accused of being involved in the killing.

The convicts in the case will serve life in prison as the death sentence is not 
implemented in Sri Lanka.

(source: Colombo Gazette)