[Deathpenalty] death penalty news----worldwide

Rick Halperin rhalperi at smu.edu
Thu Aug 29 09:06:57 CDT 2019





August 29



THAILAND:

Myanmar workers facing death penalty for British tourist murders to seek Thai 
pardon



2 migrant workers from Myanmar will seek a royal pardon from Thailand’s king 
after its Supreme Court on Thursday upheld their death sentences for the murder 
of 2 British backpackers that drew world attention to the tourist island of Koh 
Tao.

The defense lawyer said he would seek a royal pardon in the Sept. 2014 case, 
which sparked outrage among rights groups who say the men were scapegoated and 
coerced into confessing by police seeking a quick arrest.

“We will petition for royal pardon within 60 days so they would not be 
executed,” Nakhon Chompuchart told reporters.

Thai law allows 60 days for those sentenced to death to seek a pardon, but if 
the request is dismissed an execution can go ahead.

The workers, Zaw Lin and Win Zaw Htun, were sentenced to death for the murder 
of David Miller, 24, and the murder and rape of Hannah Witheridge, 23, whose 
bodies were discovered on a beach in the diving haven of Koh Tao.

Police said Witheridge had been raped and bludgeoned to death and Miller had 
suffered blows to his head.

Tourism accounts for about 1/10 of the Thai economy.

Earlier, a panel of 2 Supreme Court judges upheld decisions by lower courts, 
saying the men had been found guilty of murder and rape on the basis of 
evidence and forensic results.

The men displayed no emotion as they listened intently to a translator while 
the verdict was read at a court in the province of Nonthaburi, just north of 
Bangkok, the capital.

“Zaw Lin and Win Zaw Htun said afterwards that they are sad and worried by the 
verdict, because they said they did not commit the crime,” the court 
translator, Aye Mar Cho, told Reuters.

The men were convicted and sentenced to death in 2015, a verdict upheld by an 
appeal court in 2017.

A pro-bono legal team defending the men has said evidence collected by police 
was substandard. The lawyers have also said they were tortured and coerced into 
making confessions they later retracted.

“DNA and forensics evidence ... was in my opinion fundamentally flawed and 
should always have been considered unreliable, when considered against 
international standards,” said labour activist Andy Hall.

The Supreme Court rejected accusations of torture and ruled that DNA evidence 
linked the workers to the crime.

All death sentences in Thailand had been commuted by royal pardon for the 9 
years before a murder convict was executed in June last year by lethal 
injection.

(source: Reuters)








PHILIPPINES:

Thelma Chiong: Chiong 7, who were on death row, should not be eligible for GCTA



“What has happened to our justice system?”

This was the question of Thelma Chiong who was reacting to the possibility that 
the Good Conduct Time Allowance (GCTA), which provides for the early release 
for prisoners based on their attitude inside penitentiaries, might also aid in 
the freeing of the seven men convicted of abducting, raping and the killing of 
her two daughters in July 1997.

Justice Secretary Menardo Guevarra earlier confirmed that the seven persons 
convicted in the abduction, rape-slay of sisters Marijoy and Jacqueline Chiong 
might benefit from the increased GCTA.

“We feel so much injustice right now. It is as if my daughters died again. It 
has been 22 years, but how can we move on when the accused in their death may 
be freed soon?” Chiong said.

Chiong granted an interview on Thursday, August 29, in front of Marijoy’s tomb 
at the columbary of the Alliance of Two Hearts Parish in Barangay Guadalupe, 
Cebu City.

The body believed to be that of Marijoy’s was found dumped at a cliff in Carcar 
City days after they went missing on July 16, 1997. Jaqueline’s body was never 
found.

Convicted in the abduction and alleged rape-slay of the sisters were Francisco 
Juan “Paco” Larrañaga, Jozman Aznar, Rowen Wesley Adlawan, Alberto Allan 
“Pahak” Caño, Ariel Balansag, James Andrew “MM” Uy and James Anthony Uy, 
collectively known as the Chiong 7.

The Chiong 7 was earlier sentenced to death through lethal injection by the 
Supreme Court in 2004 but were saved when the death penalty was abolished in 
2006 upon the signing of Republic Act 9346.

Mrs. Chiong told CDN Digital that the Chiong 7 should not benefit from the GCTA 
as assured in the provision of the law abolishing capital punishment.

“(A) Person convicted of offenses punished with Reclusion Perpetua, or whose 
sentences will be reduced to Reclusion Perpetua, by reason of this Act, shall 
not be eligible for parole under Act No. 4180, otherwise known as the 
Indeterminate Sentence Law, as amended,” reads Section 3 of RA 9346 or An Act 
Prohibiting the Imposition of Death Penalty in the Philippines.

“That was made clear that they (Chiong 7) should not be given parole. Only a 
presidential pardon can release them,” Mrs. Chiong said.

Mrs. Chiong said she would be willing to write or seek an audience to anyone, 
including President Rodrigo Duterte, in an attempt to bar the persons accused 
to be responsible for her daughters’ death from being released.

Mrs. Chiong added that GCTA should especially not include Larrañaga, who is 
serving his sentence in Spain being a dual citizen.

Larrañaga has been serving his prison term in Spain since 2009 through the 2007 
RP-Spain Transfer of Sentenced Persons Agreement (TSPA).

But Guevarra earlier said that because Larrañaga was tried and sentenced under 
Philippine laws, he would still be eligible for the GCTA.

(source: Cebu Daily News)








CHINA:

'Please help me': detained Australian Yang Hengjun pleads with Scott Morrison 
---- The writer, who is potentially facing the death penalty on a spying charge 
in China, thanks Australia for support



The detained Australian writer Yang Hengjun – potentially facing the death 
penalty on charges of espionage in China – has pleaded with the prime minister, 
Scott Morrison, to “please help me go home as soon as possible”.

In a message relayed through an Australian consular official, Yang thanked 
supporters for their assistance, and said he was indebted to the Australian 
embassy for continuing to visit him and advocate on his behalf.

“A [Ministry of State Security] investigation officer told me that Australia 
was small and wouldn’t care about me. He said Australia was dependent on China 
for its trade and economy, and Canberra wouldn’t help me, let alone rescue me.

“He said Australia wouldn’t help because I am not white.

“This is nonsense. He was wrong. I am extremely grateful to the Australian 
prime minister, foreign minister and members of parliament, the embassy team, 
and the ambassador for their help.”

Held for seven months, largely in solitary confinement, by Beijing’s Ministry 
of State Security, Yang was last week informed he was being formally arrested 
and would be charged with a single count of espionage. He has not been given 
any detail about his alleged offence.

There are a range of espionage charges under Chinese law, carrying penalties 
from 3 years imprisonment to execution.

The 54-year-old Yang, an author, blogger and and pro-democracy campaigner, 
relayed his message through an Australian consular official on Tuesday.

He is allowed one half-hour meeting with Australian embassy staff each month, 
but he has not been allowed to meet with his lawyers, or with his family 
members. His wife, an Australian permanent resident, has been banned from 
leaving China.

Yang said he had devoted 15 years to writing for China, for Chinese people and 
for reform of the country’s political system. He said he had worked to improve 
China’s relations with the US and Australia. He said he did not deserve the 
kind of treatment he had experienced.

Yang’s detention in January and now formal arrest has strained relations 
between Beijing and Canberra, already laboured over a range of issues: Chinese 
telco Huawei’s 5G ban by Australia’s foreign investment review board; 
allegations of Chinese espionage in Australia; Chinese influence in Australian 
education and political systems; and Beijing’s military expansionism in the 
South China Sea.

The Australian government has repeatedly denied Yang was a spy working on its 
behalf. “There is no basis for that allegation,” the foreign minister, Marise 
Payne, said.

“We are seeking for Dr Yang’s detention, obviously for him to be released in 
the first instance, particularly if he is only being held for his political 
beliefs.

“But … if he is to be detained, that he is detained in accordance with the 
expectations afforded to him through conventions and international law and they 
include access to lawyers, and they include appropriate conditions of 
detention.”

In response, the Chinese government warned Australia against advocating on 
Yang’s behalf.

“China deplores the Australian statement on this case,” the foreign ministry 
spokesman Geng Shuang said. “I would like to reiterate that China is a country 
with rule of law. Australia should respect China’s judicial sovereignty and not 
interfere in any way in China’s lawful handling of the case.”

Geng insisted Yang was being afforded due process.

“The national security organ handles the case in accordance with law and fully 
guarantees Yang’s rights. He is in good physical condition.”

Yang was formerly a diplomat for China’s ministry of foreign affairs, before 
working in the private sector in Hong Kong and moving to Australia, where he 
took out citizenship, then the US. A novelist under the nom de plume Wei Shi, 
he has been a popular blogger, political commentator and agitator for 
democratic reforms in China for more than a decade.

Yang, who became an Australian citizen in 2002, had been living in the United 
States, where he was a visiting scholar at Columbia University, before flying 
to Guangzhou with his family in January. His wife and child were able to enter 
China, but authorities escorted Yang from the plane into detention.

The Chinese government has made politically motivated arrests in the past, 
detaining foreign nationals either as retribution for an act or perceived 
slight, or as leverage – a bargaining chip – in diplomatic negotiations.

The Canadians Michael Kovrig and Michael Spavor were detained in December, 
arrests described by Beijing’s ambassador to Canada as “retaliation” for the 
arrest in Canada of a senior executive from Chinese technology company Huawei.

Sources have told the Guardian there is concern in some circles that Yang’s 
arrest marks a further escalation in this “hostage diplomacy” tactic.

But Payne said she did not believe Yang’s arrest was an example of hostage 
diplomacy.

“We have no reason to think it [Yang’s arrest] is connected to other issues,” 
she said.

Others have said the decision to arrest Yang was a reflection of his latent 
influence as a pro-democracy campaigner. While he has softened his political 
commentary in recent years, Yang remains globally influential and with a 
massive online audience, numbering in the millions.

(source: The Guardian)








SRI LANKA:

MP Bandarigoda urges prison reforms while opposing death penalty



Parliamentarian Bandula Lal Bandarigoda today (Aug 28) urged for prison reforms 
citing the implementation of the death penalty as an implausible deterrent in 
reducing crime rates.

Addressing a media conference, the United National Party (UNP) parliamentarian 
voiced opposition against the President's decision to re-introduce judicial 
hangings in a bid to solve the narcotic menace.

"This problem cannot be solved without resolving the loopholes in the law, 
transforming prisons into rehabilitation Centres, and introducing a mechanism 
to prevent drug smuggling," MP Bandarigoda said.

He emphasized that most of the people are tempted to commit wrong deeds due to 
the socio-economic problems faced by them and that such issues faced must be 
resolved first.

Commenting on his bill to abolish the death penalty, which is yet to be taken 
up for a vote in Parliament, Bandarigoda refuted claims that he is trying to 
protect criminals.

"We must control crimes. But is it reasonable to implement such a punishment 
without resolving the flaws in the entire system?" he queried.

The parliamentarian questioned the accuracy and independence of law enforcement 
agencies by recalling instances where people had been imprisoned only to be 
found innocent afterwards.

He also said that it would be unfair to hang only drug convicts who are on a 
death row while other inmates serving a similar sentence for different offences 
are exempted from the same punishment.

"There is no method to distinguish who should be receiving the death penalty. 
If a person is sentenced to death the punishment must be common irrespective of 
the offence," Bandarigoda urged.

However, he stated that such punishments have not assisted in curbing crime 
rates in any country.

(source: sundaytimes.lk)








INDIA:

Odisha youth gets death penalty for raping, murdering minor girl in 2018



The Baripada Additional District and Sessions Judge court today awarded death 
penalty to a youth accused of raping and murdering an eight-year-old girl in 
Betnoti area in Mayurbhanj district in 2018.

The court pronounced the death sentence for the accused, Jaminikanta Mahanta on 
the basis of the testimony of 27 witnesses and medical reports.

According to reports, on June 16, 2018, Jaminikanta of Gaudabasa village lured 
the victim on the pretext of teaching her cycling and taking her to a swing 
festival. Locals said the accused took the victim to a nearby forest and raped 
her. He later murdered the girl to eliminate evidence.

Police arrested Jaminikanta and filed a chargesheet in the court within 17 days 
on the basis of a scientific report, DNA report and circumstantial evidences.

Government counsel Abhimanyu Patnaik said, “Based on the testimony of witnesses 
and medical reports, the court has pronounced the verdict.”

Lawyer of the accused, Ranjit Kumar Das said his client would move the higher 
court against the order of the ADJ court.

(source: odishatv.in)




IRAN----executions

Iran Collectively Executes 8 inmates in Raja’i Shahr Prison



8 inmates were collectively executed on August 29, in Raja’i Shahr Prison in 
the city of Karaj, near the capital, Tehran.

The victims were identified as: Manouchehr Dehghani, Alireza Behrad, Ebrahim 
Yarmout Oghli, Ahmad Gharebalaei, Reza Mousavi Baraghani, Alireza Araei, 
Siavosh Inanlou and Mirzaei.

All of them were transferred to solitary confinement on August 26 to be 
prepared for execution.

In other news on Wednesday morning, Iranian authorities executed Hamidreza 
Derakhshandeh, a man who had killed Mohammad Khorsand, the regime’s notorious 
Friday Prayer Leader in Kazerun.

Authorities in the city of Babol in Mazandaran Province, northern Iran, also 
hanged a man in public during the early morning hours of Monday, August 26, the 
state media reported.

This horrific execution of a 25-year old man identified only as “H” was carried 
in the city’s Babolkenar Park.

On the same day Iranian regime authorities also executed a woman in Mashhad 
prison. This is the 94th woman executed during the tenure of Iranian regime 
President Hassan Rouhani.

The Iranian regime is the record holder of executions per capita. More than 
3,800 people have been executed during the tenure of Iranian regime president 
Hassan Rouhani.

In a report to the General Assembly circulated in Augst 2019 the U.N. expert on 
human rights in Iran Javaid Rehman said “the number of executions remains one 
of the highest in the world.”

Rehman expressed concern that Iran has more than 80 offenses punishable by the 
death penalty, including adultery, homosexuality, drug possession, “waging war 
against God, corruption on Earth, blasphemy and insult of the Prophet” 
Muhammad. He said many of the offenses are not considered serious crimes under 
the International Covenant on Civil and Political Rights.

Iran deploys the death penalty as a tool for maintaining its grab on power and 
for silencing a disgruntled populace the majority of whom live under the 
poverty line, while unemployment is rampant in the country and there is no 
freedom of speech.

(source: Iran Human Rights Monitor)








MOROCCO:

Imlil Murders: Sale Court of Appeal Postpones Suspects Hearing to September 
11----The families want to confirm that the defendants involved in the murder 
will serve the initial sentences they received from the court of appeal on July 
18.



Sale’s Appeals Court has postponed the appeal process of the 24 suspects 
involved in the killing of 2 Scandinavian tourists in the Atlas Mountains. The 
process due to begin today, August 28 will now take place on September 11.

Danish Louisa Vesterager Jespersen, 24, and Norwegian victim Maren Ueland, 
28,were beheaded in December 2018 when they were bivouacking at mount Toubkal 
in the Imlil region, 80 kilometers from Marrakech.

On July 18, the same court sentenced the 3 main perpetrators of the heinous 
crime to the death penalty.

Abdessamad El Joud, a 25-year-old street vendor confessed having to beheaded 
one of the victims with Younes Ouziad, a 27-year-old carpenter who killed the 
other girl, while Rachid Afatii, 33, was filming the scene.

A fourth individual, Abderrahim Khayali, who was filmed with the 3 main 
suspects pledging allegiance ISIS was sentenced to life imprisonment. The video 
was recorded three weeks before the crime.

While the defense lawyers are asking for light sentences for the perpetrators, 
civil party lawyers are asking for confirmation of the preliminary verdicts.

Hafida Mkasaoui, one of the defense lawyers, told Morocco World News on August 
28 that the families of the victims appealed the court’s decision on 
compensation.

The court ruled on July 18 that the claim for compensation from the state for 
the families of the victims is inadmissible. The court, however, asked for the 
4 main defendants to pay MAD 2 million to the families jointly.

Maksaoui said that the appeal request will revive the case.

“As a defense team we also requested an appeal,” Maksaoui said.

The defense team are asking for lighter sentences for the suspects. Asked 
whether they think the court will accept their request, Maksaoui said that it 
is a “possibility.”

(source: Morocco World News)








TURKEY:

Turkey’s Erdogan supports death sentence for femicide



Turkish President Recep Tayyip Erdogan said on Tuesday that he supported 
execution for men who kill women, columnist Hilal Kaplan wrote on Thursday in 
pro-government daily Sabah.

Returning from his 1-day visit to Moscow, Erdogan answered reporters’ questions 
about the murder of Emine Bulut, which prompted an outcry among Turks last week 
after she was killed by her ex-husband in front of their daughter.

“I say openly and straightly that my party's and my feelings are in favour of 
the death sentence on this issue. You’re killing a woman by stabbing her in 
front of your daughter,” Kaplan quoted Erdogan as saying.

Turkey eliminated the death penalty in 2004 as part of negotiations for 
accession to the European Union. But many on Turkish social media last week 
called on the government to bring the punishment back for men who kill women.

Others objected, saying execution is against human rights and the struggle to 
stop violence against women requires effective implementation of existing laws 
rather than harsher punishments. Erdogan criticised that perspective.

“First of all you should show here how you value people. Then one should go and 
ask all human rights defenders this question: go and stop wars then, let’s see 
if you can do it,” the president said, according to Kaplan.

“I will absolutely approve if the parliament negotiates, discusses, and agrees 
on that,” he said in relation to the death sentence. “I believe the voice of my 
conscience about this issue.”

Nearly 40 % of Turkish women have experienced physical or sexual violence from 
a partner, according to the United Nations. Some 409 Turkish women were 
murdered by a partner or family member in 2017, a 75 % increase from 2013, 
according to watchdog group We Will Stop Femicide.

So far this year the femicide death toll in Turkey is 245.

(source: ahvalnews.com)


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