[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Tue Apr 2 08:39:32 CDT 2019
April 2
BRUNEI:
Brunei sultan seeks conservative support with hardline sharia laws
Brunei's imposition of harsh sharia laws, including death by stoning for gay
sex and adultery, is a bid by the country's ruler to boost support among
conservatives and highlights a steady drift away from the West, observers say.
The tough punishments, which also include amputation of a hand and foot for
theft, will come into force Wednesday when a new penal code is fully
implemented after years of delays.
The decision to move ahead with the laws has sparked a global outcry, with the
United Nations branding them "cruel and inhumane" and actor George Clooney
leading calls for Brunei-owned hotels to be boycotted.
By making his country the first in East or Southeast Asia to introduce a sharia
penal code on a national level, analysts believe all-powerful Sultan Hassanal
Bolkiah is seeking to burnish his Islamic credentials among conservative
supporters at a time the economy is weakening.
Brunei, a resource-rich former British protectorate on Borneo island with a
population of about 400,000, was plunged into recession in recent years as oil
prices plummeted and its crude reserves declined.
"Brunei is becoming Southeast Asia's Saudi Arabia," Bridget Welsh, a Southeast
Asia expert from John Cabot University, told AFP.
"The regime has increasingly been relying on religious legitimacy, appealing to
a conservative Islamic ideology. The weakening economy in Brunei as well as
concerns about possible erosion of support underscore this increasing reliance
on religion."
Shift to China
The Muslim-majority nation's implementation of punishments that may scare off
Western businesses also signals a shift towards investment from China, which
typically refrains from criticising trading partners on human rights, observers
said.
As in many other parts of Asia, Chinese companies are investing huge sums in
the absolute monarchy, part of an infrastructure drive aimed at extending
Beijing's economic and geopolitical clout.
Initiatives include a multi-billion-dollar oil refinery -- Brunei's biggest
ever foreign investment project -- a dam and a highway. Xi Jinping visited the
country in November last year, the 1st trip by a Chinese president in 13 years.
Experts say it is hard to gauge the level of public backing for sharia law in
Brunei, as most citizens would not publicly voice criticism of the sultan.
But it is believed to have substantial support among the country's Muslim
ethnic Malays, who make up some 70 percent of the population. Those who speak
publicly generally welcome it.
"I'm proud, because implementing the law feels like it solidifies the Islamic
identity of Brunei," Muhammad Antoni, a 27-year-old oil and gas company worker,
told AFP.
Others were irritated at the calls for a boycott of nine Brunei-owned hotels in
Europe and the United States.
"Regarding celebrities calling for a boycott, it's not their place," said
Haziah Zainal, a 36-year-old civil servant. "These actions seem ignorant as
they have not even been here to experience what it's like."
There was some unease online, however, where people can comment more freely.
"This worries me so much for Brunei’s economy," one user posted on social media
platform Reddit, adding that it would mean "losing more business overseas".
Global alarm
In reality, it is not yet clear if the toughest punishment -- death by stoning
-- will be implemented.
Brunei has long had capital punishment, and any execution should be carried out
by hanging. But the last known instance of someone being put to death in the
country was in 1957, according to Matthew Wolfe of human rights group The
Brunei Project.
While condemning the new penal code, Amnesty International said the country was
"abolitionist in practice" when it comes to the death penalty.
The burden of proof is high before someone can be sentenced to death by
stoning. An accused person must either confess to the offence, or it must be
witnessed by at least four people who have to then testify.
The sultan, the world's second-longest ruling monarch, has weathered
controversies before -- the monarchy was deeply embarrassed over revelations
the ruler's brother Jefri allegedly embezzled billions of dollars -- and is
unlikely to back down.
In a weekend statement, the government defended its right to introduce the new
penal code, saying that sharia law "aims to educate, respect and protect the
legitimate rights of all individuals".
(source: The jakarta Post)
**********************
Brunei’s new penal code would enshrine ‘cruel and inhuman punishments’ UN
rights chief warns
Proposed changes to Brunei’s penal code to incorporate punishments under a
strict interpretation of Islamic law - including death by stoning - should be
halted, the UN’s top human rights official, Michelle Bachelet, said on Monday.
In an appeal to the Bruneian Government to stop what she described as
“draconian” revisions, due to come into force on Wednesday, High Commissioner
Bachelet maintained that they “would enshrine in legislation cruel and inhuman
punishments that seriously breach international human rights law”.
According to a statement from Ms. Bachelet issue by her office, OHCHR, the
death penalty would in theory be applicable for offences such as rape,
adultery, sodomy; extramarital sexual relations for Muslim citizens; robbery,
and insult or defamation of the Prophet Mohammad.
Public flogging as a punishment for abortion would also apply, as well as
amputation for theft, once the proposed revisions become law. Other changes
include making it a criminal offence to expose Muslim children “to the beliefs
and practices of any religion other than Islam”, Ms. Bachelet said, before
describing them as potentially marking “a serious setback” for human rights
protections in the south-east Asian State. The oil-rich country has been ruled
by Sultan Hassanal Bolkiah Mu’izzaddin Waddaulah, for more than 50 years.
Although the death penalty is already on the statute books in Brunei, the last
execution there was carried out in 1957. Nonetheless, Ms. Bachelet stressed
that under international law, capital punishment may only be applied for murder
or intentional killing, after a trial held according to due process.
“I urge Brunei to maintain its de facto moratorium on the use of capital
punishment,” she said, underlining that “human rights and faith are not
opposing forces”.
She added: “No judiciary in the world can claim to be mistake-free and evidence
shows that the death penalty is disproportionately applied against people who
are already vulnerable, with a high risk of miscarriages of justice.”
Echoing concerns about the country’s penal code by UN human rights panels in
the past, Ms. Bachelet highlighted the possible encouragement of violence and
discrimination against women, including on the basis of their sexual
orientation, and against religious minorities in Brunei.
“Any religion-based legislation must not violate human rights, including the
rights of those belonging to the majority religion, as well as of religious
minorities and non-believers,” Ms. Bachelet said.
“It is vital that the Government, religious authorities and a wide range of
civil society actors work jointly to uphold human dignity and equality for
all,” the High Commissioner added. “My Office stands ready to assist the
Government of Brunei, using the constructive approach laid out by the
faith-based framework of the Beirut Declaration on ‘Faith for Rights’.
(source: un.org)
***********************
Germany slams Brunei over anti-gay law
The German government has summoned the Brunei ambassador to protest at the
pending introduction of the death penalty for homosexual acts, the Foreign
Office in Berlin says.
An appeal was made during the discussions with the ambassador for the
South-East Asian country to abide by "existing human rights obligations," the
Foreign Office said.
"We expressed our concerns in connection with the introduction of Sharia law,"
it said.
The new legal code is to take effect from Wednesday based on the Islamic
religious and legal system.
It imposes death by stoning as the most severe punishment for homosexuality.
The previous maximum was 10 years in prison.
(source: Deutsche Presse Agentur)
INDONESIA:
US man facing Indonesian firing squad after ‘party island’ drug arrest----A man
is facing a possible death penalty after large quantities of drugs were
allegedly found in his house on a notorious party island near Bali.
A US citizen is facing a possible death penalty if convicted over a trafficable
quantity of drugs allegedly found in a house in Indonesia over the weekend. The
46-year-old man identified only by his initials CS and a 24-year-old Indonesian
man identified as MR were arrested and charged after police raided a house in
Gili Trawangan, a party island 100km west of Bali known as a hub for ecstasy
and where hallucinogenic “magic mushroom” shakes are sold openly at restaurants
and bars.
Police claim to have discovered 1224 grams of marijuana in various bags and
boxes in the house. They also said they found an unspecified quantity of
methamphetamine separated into 13 small ziplock bags, an unspecified quantity
of magic mushrooms, as well as smoking implements and cash, allegedly obtained
from selling drugs to tourists on the island.
The raid coincided with a stern warning issued by a senior police official to
foreigners selling drugs in Indonesia at an event where drug suspects were
paraded and shamed at a park in Bali’s capital Denpasar on Sunday.
“Drugs are very dangerous for our young generation,” local news website
Kumparan quoted Denpasar Police Chief Ruddi Setiawan as saying while 20 alleged
drug suspects, all of them Indonesian, were forced to stand behind a table
covered in ecstasy tablets, methamphetamine, marijuana and Happy 5 — the Asian
name for the hypnotic drug nimetazepam.
“I am waiting for the perpetrators, especially the immigrants, who dare to sell
drugs in Bali. I will take decisive action.”
It was the 2nd public shaming of drug suspects in Bali this year. On February
24, a group of 23 suspects wearing orange prison garbs and handcuffs with their
feet shackled in chains were presented to journalists by heavily armed riot
police at the same park in Denpasar.
The event took place in front of a statue of a bear-chested Indonesian warrior
commissioned by Balinese police as a symbol for their war against drugs.
The public spectacles have been criticised by drug counsellors as unnecessary,
counter-productive and illegal given none of the suspects had yet been
convicted of any crimes.
“How could they do that? That’s not the way to deter them,” chairman of the
Balinese chapter of the Association of Indonesian Addiction Counsellors Erijadi
Sulaeman told the Jakarta Post.
“Don’t forget they have rights. The police should remember that before someone
is convicted, they should uphold the presumption of innocence.”
Police Chief Ruddi Setiawan remained undeterred. “We want to give them some
social punishment, apart from the criminal punishment,” he said at the time.
The death penalty is routinely handed to drug criminals in Indonesia, where
more than 200 prisoners are currently awaiting execution.
If successfully convicted, CS will become the second American on death row in
Indonesia. In 2010, US citizen Frank Amado was given the death penalty after he
was caught with 5 1/2 grams of methamphetamine in the nation’s capital Jakarta.
In 2017, Amado and 6 other foreign nationals were transferred to a
super-high-security prison on Nusa Kambangan Island, the so-called execution
island of Indonesia, where convicted Australian heroin smugglers Andrew Chan
and Myuran Sukumaran were executed by firing squad in 2015.
(source: news.com.au)
INDIA:
Death Penalty – Should India Still Continue With It In Today’s Times?
Time to time from ages every society has come across the dilemmas in
determining valid resolute to tackle the misdeeds occurring around us.
One such controversial act is ‘Death Penalty’ which has been till date in
different parts of the world and a matter of debate.
The capital punishment being considered immoral by the United Nations held a
moratorium where it called for a suspension of the death penalty as it
undermines the human dignity and has no evidence of it acting as a deterrent.
53 countries still practice death penalty including USA, China, Japan, India,
Nigeria, Afghanistan where 60 % of the world’s population resides.
India’s take on it
India being a home to more than 1.2 billion people has thousands of cases every
year involving various crimes including murder, rape, terrorism and corruption.
Indian constitution has this principle inherent in itself where the judiciary
clearly states that death penalty maybe given in the rarest of the rare cases
where there is a heinous crime.
In the UN moratorium India clearly condemned the proposal of getting away with
the death penalty then why is it that it has been kept to the minimal?
There is a constant pressure from the international organisations as to
recognise the rights of the prisoners.
But India itself being a democratic country feels that in a democracy the death
penalty serves no purpose as to serve the community at a larger level and
believes that retribution to be a better measure to tackle criminal activity,
but has India succeeded?
Official records tell a different story where in India from 1990 to 2008 the
rapes have doubled and murders have increased by 7.39% from 1953 to 2006. Still
the Supreme Court holds the constitutionality of this act.
Deterrent or Unethical?
Although death penalty has still not proven that it acts as a deterrent against
crimes but it very much appeals to the human mind as a way of justice to the
victim.
An immoral person cannot be treated at par with a moral person so it rules out
the natural rights given to a person. A human loses his rights when he takes
away the legal rights of others in a civilized society.
In the 2012 December Nirbhaya rape case people stood on the road as to get the
culprits to be hanged till death.
Along side the agony among the citizens it is quite influential in creating
fear among the minds of such sinful people and make sure that nobody dares to
get involved in these types of heinous crimes.
Retribution serves no purpose where there is a loss life and the whole country
is fear stricken, a person kept behind the bars and then left open again has a
greater chance to indulge in such unlawful acts again and do a greater harm to
the society.
A country has no obligation to keep feeding a criminal who is a burden on the
society and try to reform him as it cannot undo the harm it has done.
(source: edtimes.in)
******************
Plea against 1984 death sentence to be heard daily
The Delhi High Court has ordered day-to-day hearing of a convict’s appeal
against the capital punishment awarded to him in a 1984 anti-Sikh riots case.
A Bench of Justices Siddharth Mridul and Manoj Kumar Ohri said the appeal and
the death reference of convict Yashpal Singh would be heard on daily basis till
the conclusion of arguments.
“List for hearing on April 22. It is made clear that, the hearing of the
connected appeal and death reference shall be conducted on day to day basis
till the conclusion of the arguments,” the Bench said in a recent order.
The court had earlier sought response of the police on Yashpal’s plea
challenging his death sentence in the case. He has filed the appeal against his
conviction and sentence by a trial court here. He has also filed a bail plea in
the matter.
The Bench had also issued notice to Yashpal on the reference to confirm his
death sentence. The trial court had also awarded life term to co-convict Naresh
Sherawat in the case relating to the killing of 2 men in New Delhi during the
1984 riots — the first convictions in the cases reopened by the Special
Investigation Team (SIT).
Naresh has also appealed against his conviction and sentence before the high
court, which has sought response of the police in the plea. The Delhi Police
had closed the case in 1994 for want of evidence, but it was reopened by the
SIT.
The SIT is investigating nearly 60 cases related to the riots, while it has
filed “untraced report” in 52 cases.
While this was the 1st death penalty after the SIT was formed, one Kishori was
earlier given the death penalty by a trial court in as many as 7 anti-Sikh
riots cases.
However, the Delhi High Court confirmed death penalty only in 3 cases, which
were later commuted to life term by the apex court.
As per the Code of Criminal Procedure (CrPC), the death penalty cannot be
executed unless confirmed by the high court.
(source: tribuneindia.com)
SAUDI ARABIA----executions
Saudi Arabia executes 4 people for drug trafficking----2 Pakistani men, a
Yemeni man and a Nigerian woman were executed in the holy city of Mecca.
Saudi Arabia's interior ministry said 4 people were executed Monday for drug
trafficking, including 1 woman, bringing to 53 the number of people put to
death this year.
2 Pakistani men, a Yemeni man and a Nigerian woman were executed in the holy
city of Mecca, the ministry said in statements carried by the official Saudi
Press Agency.
53 people have been executed in the kingdom since the beginning of the year,
according to a count based on official data released by SPA.
The ultra-conservative kingdom has one of the world's highest execution rates,
with those convicted of terrorism, homicide, rape, armed robbery and drug
trafficking facing the death penalty.
Rights experts have repeatedly raised concerns about the fairness of trials in
the kingdom, governed under a strict form of Islamic law. The government says
the death penalty is a deterrent for further crime.
Last year, Saudi Arabia carried out the death sentences of 120 people.
(source: nation.co.ke)
SRI LANKA:
After 43 years, Sri Lanka to return death penalty in 'coming days'----Sri
Lankan president Maithripala Sirisena says he's decided on a date to carry out
executions of drug offenders.
Sri Lanka looks set to end a 43-year moratorium on capital punishment as
President Maithripala Sirisena continues his offensive on the drug trade.
Sri Lankan police on Monday destroyed nearly 800 kilos of cocaine in the
presence of the President, valued at more than $141 million.
The drugs were seized in four raids between June 2016 and June 2018. More drugs
await the conclusion of court cases before they are also destroyed under
judicial supervision, officials said.
Mr Sirisena has vowed to step up his 'drug war' and promised to import high
tech equipment to detect narcotics at ports and airports.
He also said he's decided on the date when Sri Lanka's first executions since
1976 will be carried out.
“The death penalty is part of the country's constitution but it has not been
implemented,” the president told reporters.
“This is the reason for the increase in crimes, underworld activities and the
drug menace.”
"In the coming days the death penalty will be carried out. The list of names in
this regards has been finalised and we have also decided on the date."
Capital Punishment is not outlawed in Sri Lanka and is a mandatory penalty for
murder.
But there have been no executions since 1976 because successive presidents have
refused to sign death warrants.
Consequently, all death sentences have been commuted to life in prison, with
over 400 prisoners serving time on death row according to the Sri Lankan Prison
service.
Mr Sirisena signaled his intention to bring back capital punishment in July
last year.
In March the government advertised in newspapers for a new executioner, asking
for candidates with "excellent moral character” and “mental strength".
The president’s approach is influenced by that of Filipino president Rodrigo
Duterte, whose violent ‘war on drugs’ has claimed thousands of lives.
Mr Sirisena visited the Philippines in January and praised Duterte’s strongarm
tactics as an “example to the world”.
“Drug menace is rampant in my country and I feel we should follow your
footsteps to control this hazard,” he said in Manila.
Human Rights groups are urging the president to cancel the planned executions
and reinstate the moratorium on capital punishment.
“President Sirisena’s decision to restore the death penalty because he was
inspired by the Philippine’s murderous ‘drug war’ may be the worst possible
justification and would violate international law,” said Meenakshi Ganguly,
South Asia director of Human Rights Watch in a statement.
“Executions, whether imposed by a judge or carried out unlawfully by the
police, are not the way to address drug offenses.”
(source: sbs.com.au)
******************
Don’t End Death Penalty Moratorium----President’s Support for Murderous
Philippine ‘Drug War’ Ignores Abuses, Law
The Sri Lankan government should drop plans to resume executions, which would
end an unofficial 43-year moratorium in the country, Human Rights Watch said
today. On March 31, 2019, President Maithripala Sirisena said that a date had
been set to resume carrying out the death penalty in drug trafficking cases.
Sirisena renewed calls for the death penalty following a visit to the
Philippines in January, during which he called President Rodrigo Duterte’s “war
on drugs” an “example to the world.” In March, the United Nations high
commissioner for human rights, Michelle Bachelet, reported to the UN Human
Rights Council that up to 27,000 people have been killed in the Philippines’
anti-drug campaign. The UN, nongovernmental organizations including Human
Rights Watch, and the media have linked the killings of alleged drug dealers
and users to the police and police-backed vigilantes.
“There is no reason to bring the death penalty back to Sri Lanka after a
four-decade moratorium,” said Meenakshi Ganguly, South Asia director at Human
Rights Watch. “President Sirisena’s decision to restore the death penalty
because he was inspired by the Philippine’s murderous ‘drug war’ may be the
worst possible justification and would violate international law.”
The death penalty has not been carried out in Sri Lanka since 1976. Currently,
1,299 prisoners – 1,215 men and 84 women – are on Sri Lanka’s death row after
having been convicted for capital offenses, including 48 for drug crimes. In
February, the government began advertising in local newspapers for a hangman,
seeking male candidates between ages 18 and 45 with “excellent moral character”
and “a very good mind and mental strength.”
The alleged deterrent effect of the death penalty has been repeatedly debunked,
Human Rights Watch said. In 2015, the UN assistant secretary-general for human
rights, Ivan Šimonovic, stated that there was “no evidence that the death
penalty deters any crime.” Even with respect to murder, an Oxford University
analysis concluded that capital punishment does not deter “murder to a
marginally greater extent than does the threat and application of the
supposedly lesser punishment of life imprisonment.”
The UN has also opposed the use of the death penalty for drug-related crimes.
In a March 2010 report, the UN Office on Drugs and Crime called for an end to
the death penalty and specifically urged member countries to prohibit the use
of the death penalty for drug-related offenses, and called on countries to take
an overall “human rights-based approach to drug and crime control.” In its 2014
annual report, the International Narcotics Control Board, the agency charged
with monitoring compliance with UN drug control conventions, encouraged
countries to abolish the death penalty for drug offenses.
Imposing the death penalty for drug offenses would violate Sri Lanka’s
international human rights obligations, Human Rights Watch said. The
International Covenant on Civil and Political Rights, to which Sri Lanka is
party, states in article 6 on the right to life that the death penalty “may be
imposed only for the most serious crimes.” The UN Human Rights Committee, which
monitors state compliance with the covenant, said in a 2018 general comment
that “most serious crimes” applies “only to crimes of extreme gravity,
involving intentional killing. Crimes not resulting directly and intentionally
in death, such as … drug … offences, although serious in nature, can never
serve as the basis, within the framework of article 6, for the imposition of
the death penalty.”
Sri Lanka was one of the first countries in South Asia to cease carrying out
the death penalty. In December 2018, Sri Lanka joined 120 countries at the UN
General Assembly that voted in favor of a resolution on the “Moratorium on the
use of the death penalty.” Only 35 countries voted against the resolution.
Human Rights Watch opposes the death penalty in all circumstances because it is
inherently cruel and irreversible.
“The Sri Lankan government should publicly recommit to its moratorium on the
use of the death penalty with a view to permanently abolishing the practice,”
Ganguly said. “Executions, whether imposed by a judge or carried out unlawfully
by the police, are not the way to address drug offenses.”
(source: Human Rights Watch)
***********************
Sri Lankan Catholics march against drug abuse----Death penalty debate continues
as president pledges to proceed with executions of serious drug offenders
Catholics including priests and nuns have joined religious and political
leaders in Sri Lanka at a protest march and rally against drug abuse.
The island nation has become a major transit point for traffickers as well as
suffering from widespread domestic drug addiction.
Sri Lankan President Maithripala Sirisena, addressing more than 2,000
demonstrators on March 31 at Vystwyke Park in capital Colombo, pledged to
proceed with executions of serious drug offenders. "We are strengthening the
laws and will go for strict punishments," he said.
He said there would be a special April 3 event for schoolchildren and others to
pledge support for the battle against illicit drugs.
Sri Lankan authorities destroyed nearly 720 kilograms of cocaine on April 1 and
US$108 million worth of drugs from a single intercepted shipment was burned in
January 2018.
While the death penalty has not been implemented since 1976, there are about
1,300 prisoners on death row in Sri Lanka, including 48 for drug convictions.
A phone hotline has been established for members of the public to report drug
dealers.
Colombo parishes organized silent protests, where placards such as "Protect our
children from drugs" were displayed after March 31 morning Masses before the
big rally in the afternoon.
Cardinal Malcolm Ranjith, archbishop of Colombo, said that as a Catholic leader
he needed to make people aware of how the drug menace was spreading across the
country.
"I request the president to punish the culprits who are behind this drug mafia
without fear," he said. "Drug dealers target schoolchildren and the youth, so
we should protect our future generations."
Archbishop Ranjith issued a pastoral letter urging all parishes and
institutions to stage silent demonstrations denouncing drug peddlers.
Although taking a strong anti-drugs stance, the Catholic Bishops' Conference of
Sri Lanka said in an August statement that the death penalty would not solve
the nation's drug problem.
That came soon after the Vatican's Congregation for the Doctrine of the Faith
announced that a revision of church teachings approved by Pope Francis clearly
stated total opposition to the death penalty.
However, Buddhist monk Ven. Kamburugamuwe Vajira Thero said that despite the
anti-death penalty campaigning of human rights activists, he supported full
implementation of the law in this regard.
Berni de Silva, one of the protesters from St. Anne’s Church in Colombo, told
ucanews.com that religious leaders should help eradicate the drug evil and that
culprits should be punished regardless of their status.
(source: ucanews.com)
*********************
President repeats call for death penalty as Sri Lanka destroys 800kg of
cocaine----Leader wants to copy Rodrigo Duterte’s strongarm tactics and has
vowed to end a 43-year moratorium to execute repeat drug convicts
Sri Lankan police on Monday destroyed nearly 800kg of cocaine in the presence
of President Maithripala Sirisena, who has called for the death penalty for
traffickers.
The drugs were seized in 4 raids between June 2016 and June 2018.
Sirisena vowed to step up his drug war and promised to import high-tech
equipment to detect narcotics at ports and airports, his office said in a
statement. The president “reiterated his desire to carry out capital punishment
for repeat drug offenders”, the statement said.
Following a visit to the Philippines in January, Sirisena said he wanted to
copy President Rodrigo Duterte’s strongarm tactics against illegal drugs. He
has vowed to end a 43-year moratorium on the death penalty and execute repeat
drug convicts, but is yet to sign a death warrant.
In February, police seized nearly 300kg of heroin worth $17m, the island’s
biggest haul, while in transit at a Colombo shopping mall. In 2013, police
seized 260kg of heroin brought into the country hidden inside tractors imported
from Pakistan. Sri Lanka’s biggest drug haul, by weight, was in December 2016
when police seized 800kg of cocaine. 6 months earlier, authorities discovered
301kg of cocaine inside a shipping container.
Authorities believe the Indian Ocean island is also being used as a trafficking
transit point. Last week, nine Iranians were arrested transporting 100kg of
heroin in a trawler.
(source: businesslive.co.za)
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