[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

August 8




KENYA:

Addicts are patients, it's drug peddlers who are criminals ---- Branding them 
criminals makes rehabilitation efforts difficult, if not impossible



The society has a habit of treating drug addicts more like criminals than the 
patients they really are. But leaders are now pushing for reforms that could 
change perceptions.

Pastor Jacob Muroki of the Jesus the Exalted Centre Church says the fact that 
the society has branded addicts criminals makes any efforts to rehabilitate 
them difficult, if not impossible.

At the coastal region, addicts have a nickname, a famous one. They are called 
‘Mateja’, a street name meaning a thief who uses hard drugs.

"We live in a society that doesn’t see the silent plight of such individuals," 
Muroki says. "Many are stigmatised while they can actually be helped to turn 
their lives around. You mention the word Teja and people begin looking over 
their shoulders because they expect to see a thief or a con. That mindset needs 
to change."

Speaking when he officially launched the Lamu rehab facility earlier this year, 
Chief Justice David Maraga said the real criminals in the war on drugs are the 
smugglers and peddlers, whom he said are frustrating the reform process.

"I want to let magistrates and judges know that those drug users brought to 
your courts daily aren’t actually criminals but patients. They need help and 
condemning them to prison isn’t that helpful," he said.

"Let’s send them to rehab facilities like this one so they get to recover and 
live better lives and, as the judiciary, we support that approach. Those 
peddling drugs are the real criminals."

PARADIGM SHIFT

Speaking in Lamu during the Lamu Justice Week, DPP Noordin Hajji said he is 
consulting the DCI and the IG to have petty criminals sent to rehab instead of 
prison. He said many of the petty crimes are committed by addicts who want to 
buy drugs.

"We are talking of those stealing goats, chicken and so on. We want to give 
rehab a chance, rather than putting them on trial directly. That will, however, 
heavily depend on the level and nature of crimes committed. Our objective is to 
get the big fish in all this," Hajji said.

During the same week, High Court judge Roselyn Korir, who is based in Garsen, 
proposed alternative strategies of dealing with the drug menace. These include 
offering addicts training and skills that will enable them to turn away from 
the vice.

Korir said in as much as criminal litigations are necessary, the community 
should embrace addicts and all those affected to enable them to see and pursue 
a positive and more productive life away from drugs.

She said prison officers should be specially trained in rehab skills so they 
can help rehabilitate some of the addicts arriving at their various prison 
stations.

Korir said the country has very few drug rehabilitation centres compared to the 
demand of addicts. The facilities are also out of reach for many due to their 
high cost.

"All in all, it’s high time we changed the approach used to fight drugs, from 
arresting and prosecuting to actually issuing alternative skills and training 
to drug convicts so they can better their lives once out there," Korir said.

"The coastal region is still marred with increased drug-related cases, and we 
need to think about how best to bring the figures down. That's why we are 
pushing to have prison officers trained on matters rehab so they can instil the 
same in the addicts before they are finally released back into society."

Lamu woman representative Ruweida Obbo proposed the death penalty for those 
found guilty of drug peddling. "We want drug peddlers given the same treatment 
as criminal gangs in Mombasa like Wakali Kwanza. That toughness is what we 
need. Let such people be shot dead. The society will be better without them," 
she said.

According to a 2017 national survey by Nacada, 18.2 % of Kenyans have used 1 
form of drugs or the other, a figure that translates to 3.2 million people, 
with the most abused substance being alcohol.

(source: thestar.co.ke)








IRAN----executions

At Least 38 People Executed in July



At least 38 prisoners have been executed in Iran in July 2019. This is the 
highest number of executions in a month in the country during the past 20 
months.

According to the IHR statistic department, at least 37 prisoners have been 
executed in different Iranian prisons and one hanged in public.

Most of the executions are recorded at Urmia prison (also called Darya prison) 
with 8 prisoners who have been hanged in the Iranian northwestern city’s 
prison. 2nd in a row was the Karaj city’s Rajai-Shahr prison near Tehran with 6 
executions. Officials in Iran have announced only 14 of the 38 executions. The 
rest was recorded and confirmed by IHR.

34 of the executed people were charged with murder, 3 with drug-related charges 
and one was charged with rape.

4 of the executed people were women.

Since the beginning of 2019, at least 147 people were hanged in Iran. This 
shows an 8 % increase compared to the same period in 2018.

(source: Iran HumanRights)








MALAYSIA:

Malaysian king pardons 3 Indonesians who had been sentenced to death for drug 
trafficking



Even as the Indonesian government refused to grant mercy to any of the 22 
prisoners it executed from 2013-2016 for drug trafficking, it was making 
diplomatic efforts to save its citizens who had been sentenced to death for 
drug trafficking abroad. Their efforts have paid off for three men who had been 
sentenced to die in Malaysia in 2010 but were able to return to their homeland 
yesterday after they were granted pardons by the Yang di-Pertuan Agong (King of 
Malaysia).

The 3 Indonesian citizens, Bustamam bin Bukhari, Tarmizi bin Yaacob and 
Sulaiman bin Ismail, flew back to Indonesia yesterday accompanied by officers 
from the Indonesian embassy in Kuala Lumpur. They were received by officials 
from the Ministry of Foreign Affairs in Jakarta who will handle their 
repatriation to their hometowns in Aceh.

"The 3 Indonesian citizens have been undergoing legal proceedings in the 
Malaysian Court system since 1996, or for 23 years, accompanied by legal 
counsel appointed by the Government of the Republic of Indonesia,"
Soeharyo Tri Sasongko, Indonesia’s consular secretary in Kuala Lumpur, said 
yesterday, as quoted by Antara.

According to Soeharyo, the Indonesian government submitted pardon requests for 
all three that were granted thanks to the government’s efforts.

Although they had been jailed since 1996, the 3 men’s appeal process finally 
ended in 2010 when their death sentences were made final and binding.

But in 2012, Sultan Muhammad V commuted their death sentences to 20-year 
sentences. Earlier this year, Sultan Nazrin Muizzuddin Shah commuted their 
sentences once again, freeing them to return to Indonesia.

Malaysia freed 2 other Indonesian citizens who had been sentenced to death for 
drug trafficking earlier this year. However, there are still over 100 
Indonesians on death row in the neighboring country.

Although Indonesia still has the death penalty and criminals still regularly 
receive the sentence, the country has had an unofficial moratorium on 
executions since the last ones were done in 2016. Although sentencing drug 
traffickers to death is still largely supported by Indonesians, the practice 
has been vocally denounced by human rights activists and much of the 
international community. President Joko Widodo and senior officials have given 
statements indicating that the moratorium is likely to stay in place.

(source: coconuts.co)








PHILIPPINES:

Philippine Church braces for death penalty, divorce battle ---- Both 
contentious issues are back on the agenda with new proposed bills going before 
legislators



Catholic Church leaders in the Philippines are bracing for what they expect 
will be an uphill battle against proposals before Congress to reimpose capital 
punishment and to legalize divorce in the country.

Manila Auxiliary Bishop Broderick Pabillo admitted that the fight has never 
been easy. "It will always be a tough battle but we do not give up," he said.

Catholics opposed to the proposed measures may also have to find new ways of 
lobbying in the Philippine Congress, said Father Melvin Castro.

The priest, who used to be executive secretary of the Episcopal Commission on 
Family and Life, said a lot of legislators only think of "short-term solutions" 
to social and family issues.

Rodolfo Diamante of the Catholic bishops' Episcopal Commission on Prison 
Pastoral Care agreed to new approaches to presenting the Church's position on 
issues.

He said one of the things his commission will do is prepare a statement that 
will focus on new arguments on the issue of the death penalty.

"We will also provide legislators and policy makers documents and materials on 
the issue," he said. He said they might bring in international experts to also 
engage the public on the issue.

Death penalty revival

Senators this week began debates on proposals to revive the death penalty.

In a speech, Senator Emmanuel "Manny" Pacquiao said reviving the death penalty 
is the most effective way to dealing with heinous crimes and the illegal drug 
trade.

"Illegal drugs are destroying the lives of our people," he said. "It is high 
time for the state to step up its game and put these criminals to death through 
judicial sanction," he added.

Opposition Senator Franklin Drilon countered that reducing the demand for drugs 
is the solution to the proliferation of narcotics, not killing drug users and 
dealers.

The death penalty was abolished in the Philippines in 2006, under president 
Gloria Arroyo.

Several legislators, including Pacquiao, who said he could cite Bible verses to 
defend his position, have filed their respective bills seeking the revival of 
the death penalty.

Senate President Vicente Sotto III, however, warned against invoking religion 
in the discussions.

"Please avoid invoking Jesus in the death penalty bill," he said. "The Bible is 
a good source of insights. But trying to change the story of Redemption is not 
fairish," he added.

Divorce proposals The proponent of a law allowing divorce, meanwhile, said this 
move in the Senate is "history in the making."

"This marks an important stage in the larger work to have a divorce law in the 
country," said Senator Risa Hontiveros, principal author of the proposed 
divorce bill.

"It’s time that we give Filipinos the chance to free themselves from abusive, 
loveless and unhappy relationships, and to help them find love and start all 
over again," she said.

She said she believes and supports the institution of marriage but added that 
she also believes "that Filipinos have the right to second chances to turn the 
page and live good and happy lives."

Senator Joel Villanueva, however, said he will fight against the proposal 
because the Philippines is predominantly "a Christian nation."

"We are definitely against any divorce bill. Well, a couple of reasons, but one 
of the major reasons is, we are a Christian nation," said the son of a 
Christian evangelist.

"So, divorce — over my dead body — the word divorce, I will really oppose it. I 
will definitely oppose it," said Villanueva as he expressed support for making 
the process of annulling marriages more accessible.

Senator Emmanuel "Manny" Pacquiao delivers a speech in the Senate on Aug. 6 
defending his proposal to legalize divorce in the Philippines. (Photo by Angie 
de Silva)

Laws to strengthen family

Bishop Pabillo of Manila expressed hope that legislators will be creative in 
crafting laws that will strengthen the family.

"What have they done to help families in crisis?" said the prelate.

He said data from other countries shows divorce laws result in "more broken 
families" while women, children, and the elderly suffer.

In past pronouncements, the bishops' conference has attacked the proposal to 
legalize divorce in the context that it is an "easy option" out of marriage.

As for the death penalty, church leaders say it will never be a solution to the 
problems of crime. "It is anti-life, anti-poor, and will enhance only a culture 
of violence," they said.

President Rodrigo Duterte vowed to restore the death penalty as a deterrent to 
crime when he campaigned for the presidency in 2016.

In a 2017 poll, 67 % of Filipinos supported capital punishment.

Filipinos also support a divorce law. Another survey conducted in 2017 showed 
that 53 % of Filipinos want to legalize divorce.

(source: ucanews.com)








BANGLADESH:

2 sentenced to death for killing woman over dowry----Abdul Alim killed his wife 
with the help of a friend



A Tangail court on Monday handed down capital punishment to 2 men holding them 
guilty of murdering a woman over dowry on April 20, 2012.

The convicted are Abdul Alim alias Sumon, 32, from Hinnaipara village in 
Kalihati upazila, and Shamim Al Mamun, 29, of the same village.

Women and Children Repression Prevention Tribunal Judge Khaleda Yeasmin passed 
the verdict and also ordered a fine of Tk1 lakh to be paid by each of the 
accused, confirmed Special Public Prosecutor Nasimul Akhtar Nasim.

Abdul Alim married Sumi Akhter of Faliarghana village in Tangail Sadar, when he 
was a Gazipur Industrial Police constable in 2011, said Prosecutor Nasim.

"On the occasion of the marriage, a dowry of Tk5 lakh was fixed to be paid. But 
Sumi's parents managed to pay only Tk3 lakh. Abdul Alim would torture his wife 
on a regular basis for the rest of the money.

"He sent his wife back to her father's home at one point. On April 20, 2012, 
Alim took his wife to the Beribadh area from her father's home, and killed her 
there with the help of the other accused, Shamim Al Mamun."

Sumi's mother filed a case against the 2 for murder, added prosecutor Nasim.

The convicts were shifted to Tangail jail after the verdict was delivered.

(source: Dhaka Tribune)








INDIA:

Prosecution seeks death for auto gang rape convict----Cites Section 376 E 
provision for enhanced punishment to repeat offender



On the day of the pronouncement of the quantum of the sentence in the Sector 29 
auto gang rape case, which took place in 2016, the public prosecutor moved an 
application in the local court today seeking the death penalty as enhanced 
punishment for convict Mohammad Irfan, who is already undergoing life 
imprisonment till death in the Sector 56 auto gang rape, by including Section 
376 E (punishment for repeated offenders) of the IPC in the present case.

The defence counsel has been asked to submit a reply tomorrow, after which the 
quantum of punishment will be pronounced.

As per the application, Section 376 E has provision for enhanced punishment to 
a convict in case he is found to have been convicted again under Section 376 
(rape) or Section 376 A or Section 376 D. Irfan was already convicted in the 
auto gang rape case of 2017 under Sections 376 D and 506 of the IPC. The 
application states, "Taking into consideration the said judgment, according to 
the provisions of Section 376 E, Irfan is liable for enhanced punishment."

According to the Criminal Law (Amendment) Act, 2013, "whoever has been 
previously convicted of an offence punishable under Section 376 or Section 376 
A or Section 376 D and is subsequently convicted of an offence punishable under 
any of the said sections shall be punished with imprisonment for life, which 
shall mean imprisonment for the remainder of that person’s natural life, or 
with death."

Uttar Pradesh-based Mohammad Irfan (29) and Kamal Hasan, alias Dil Dil, from 
Delhi were held guilty by the court of the Additional District and Sessions 
Judge on August 1 of raping a 21-year-old girl in 2016.

Repeat offender

2016: Sector 29 gang rape case

The victim had hired an auto from Sector 34 for Hallo Majra with Mohammad Irfan 
(29) driving it and another accused sitting on the passenger seat. The accused 
had stopped the vehicle near a slip road in Sector 29 saying that it had broken 
down. They then pushed her into a forest area nearby where they raped her.

2017: Sector 56 gang rape case

On November 17, 2017, the victim, a native of Dehradun, had hired an auto from 
Sector 37 for Mohali. The auto was driven to a forest area in Sector 53 where 
the trio raped her. Mohammad Irfan, Mohammad Garib (23) and Kismat Ali (23) 
were sentenced to life imprisonment till death in the case.

(source: tribuneindia.com)

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

In a first in India, death for hate crimes in Rajasthan



The Rajasthan Assembly passed a bill on Monday providing for death penalty for 
hate crimes against couples in the name of honour and tradition.

Rajasthan becomes the first state in India to have a special law to deal with 
hate crime against couples.

The Rajasthan Prohibition of Interference with the Freedom of Matrimonial 
Alliances in the Name of Honour and Tradition Bill, 2019, was tabled in the 
Assembly on July 30 by law minister Shanti Dhariwal.

The law also provides punishment for holding assemblies to condemn inter-caste, 
inter-community marriages in the name of family honour.

Though the punishment for murder in rarest of rare cases under the Indian Penal 
Code is also death penalty, the bill said a special law for such hate crimes 
would act as a deterrent as it has severe punishment for such acts of violence 
and criminal intimidation and will prevent caste and community assemblies that 
take place to condemn such marriages.

Under the new law, "whoever causes death of a couple or either of them on the 
basis that marriage of such couple has dishonoured, or brought disrepute to the 
caste, community or family shall be punished with death, or with imprisonment 
for life, which shall mean imprisonment for the remainder of that person’s 
natural life, and with fine which may extend to 5 lakh rupees."

If cases of grievous hurt to a couple or either of them, the law prescribes 
rigorous imprisonment for 10 years which may be extended to life imprisonment 
and a fine of Rs3 lakh. For a case of simple hurt, the punishment will be jail 
for 3 to 5 years and a fine of Rs2 lakh.

For participating in a gathering to condemn a marriage claiming it has 
dishonoured the caste or community or tradition or brought disrepute, a person 
or persons can be sent to jail for six months to 5 years and fined Rs1 lakh. 
The law empowers the sub-divisional magistrate or district magistrate to 
prevent such assemblies and take steps to ensure safety of the couple.

The new law also covers threat to the couple by prescribing punishment of three 
to five years and a fine of Rs2 lakh. If threat is to cause death or grievous 
hurt, the imprisonment will be of 7 years, the bill says.

(source: Hindustan Times)