[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 11



BANGLADESH:

‘Enemies of the nation’: Bangladesh considers death penalty, life imprisonment 
for food adulterators



Bangladesh is considering implementation of the death penalty or life 
imprisonment as a punishment for food adulterators in the country.

In a press conference, Bangladesh Minister of Food Shadhon Chandra Majumder 
said that the government has adopted a ‘zero-tolerance policy’ towards food 
adulteration, deeming these perpetrators to be ‘enemies of the nation’.

“The level of punishment will be increased to stop food adulteration. If 
needed, we will make provisions for capital punishment or life imprisonment by 
amending the present Food Safety Act, 2013,” said Majumder to The Independent.

Describing food adulteration as a ‘crime against humanity’, he added that the 
Ministry of Food was holding hearings via mobile courts with regard to the 
issue.

“The number of mobile courts will be increased to stop food adulteration,” he 
said.

The ministry’s suggestion on increasing punishments for adulterators received 
support from former Ministry of Health and Family Welfare Mohammed Nasim, who 
called for the capital punishment during an iftar (fast-breaking) event.

According to Dhaka Tribune, Nasim said: “Those who push the countrymen to death 
by adulterating food, are enemies of the country as well as the nation. Capital 
punishment should be executed against them.”

This is not the 1st time that more serious punishment has been considered for 
food adulteration in the region. In November last year, the state of 
Maharashtra in India also said that life imprisonment would be implemented? for 
such offenses.

Many laws, little progress

At present, some 15 food safety laws have been established in Bangladesh to 
guide and enforce food safety in the country – but the wide variety and high 
frequency of food adulteration has painted a picture of limited success.

Known adulterants include arsenic, formalin, dyes, fertilizer, metals, poor 
quality raw ingredients and more applied across a near-unlimited range of food 
items including fish products, fruits, dairy, soups, beverages, biscuits.

Earlier this month, 52 food products were banned in the country after the 
Bangladesh Testing and Standards Institution (BSTI) had identified these to be 
adulterated or substandard.

New Age Bangladesh said that when the BSTI released its report revealing the 52 
compromised food items earlier this month, the Conscious Consumer Society (CCS) 
had sent a legal notice to various governmental agencies on May 6 urging 
immediate action but received no response.

This was later brought to the attention of the High Court, which summoned BSTI 
and BFSA officers for explanation and culminating in the banning of the 
compromised food products.

Dairy adulteration

Milk and milk product adulteration in particular has been exceptionally rampant 
in the country.

In February this year, national food safety authorities including the 
Bangladesh Food Safety Authority (BFSA) and BSTI were ordered by the High Court 
to submit a report on the milk adulteration situation locally.

They were also ordered to explain ‘why their inaction and failure in preventing 
adulteration and taking appropriate legal steps against it should not be 
declared illegal’

The submitted report was found to not contain any identification of the 
adulterators, and the High Court ordered for a more detailed report to be 
submitted by latest June 23.

According to Dhaka Tribune, head of the National Food Safety Laboratory (NFSL) 
Dr Shahnila Ferdous, the individual who first revealed the lab’s findings on 
high levels of contamination in the country’s dairy, submitted a report listing 
the relevant adulterators to the High Court on May 21.

In the report, 30 curd-producing companies, 30 fodder companies, 31 packet milk 
companies, 96 raw cow milk producers, and several individuals were named.

BSTI and BFSA were purportedly berated by the court for not being able to do 
the same sooner.

“If the NFSL could do it, why couldn't you? [You] are not conducting any 
research,” said the bench.

(source: foodnavigator-asia.com)








VIETNAM:

A U.S. Citizen Detained in Vietnam Could Face the Death Penalty for Subversion



A U.S. citizen, detained in Vietnam on charges of “attempting to overthrow the 
state,” is expected to face trial at the end of this month and could be 
sentenced to death if found guilty, Agence France-Press (AFP) reports.

Michael Nguyen has been held in Vietnam since July last year. He was traveling 
with 2 activists, both of whom were also arrested.

His family, who live in the U.S., say Nguyen is innocent and not involved with 
any dissident groups. The father of four daughters left Vietnam in 1975 during 
the communist takeover and fled to the U.S.

“He is severely disadvantaged and unable to properly defend against any 
accusations against him,” said a family statement cited by AFP. The family 
added that he has been denied access to lawyers.

His trial is reportedly set for June 24 to 25 in Ho Chi Minh City.

In February, his wife Helen Nguyen attended the State of the Union address in 
Washington D.C. in the hope of raising awareness about her husband’s detention.

Vietnam, a 1-party communist state, has intensified its crackdown on dissidents 
since a change in leadership 3 years ago.

At least 128 prisoners of conscience are currently being held by the Vietnamese 
government, according to Amnesty International. Those detained include lawyers, 
human right defenders and pro-democracy campaigners.

(source: time.com)








INDIA:

Victim’s Family Disappointed, NCW Chief for Death Penalty----"We were expecting 
that culprits will be hanged for the heinous crime which they have committed 
with my daughter”: Akhtar



The father of the 8-year-old nomadic girl, who was gangraped and murdered in 
Jammu and Kashmir's Kathua, welcomed the Monday judgement convicting 6 men in 
the case, but said his family was expecting that the culprits would be handed 
down death penalty.

He also expressed unhappiness over the acquittal of the 7th accused.

The court sentenced three men including a temple caretaker to life imprisonment 
till last breath after convicting them along with three others for the ghastly 
crime that shook the nation 17 months ago.

We were expecting that they (culprits) will be hanged for the heinous crime 
which they have committed with my daughter," Mohammad Akhtar, biological father 
of the minor, told PTI over phone from the upper reaches of Verinag in Anantnag 
district of South Kashmir.

The family is presently on bi-annual migration in search of greener pastures in 
the Valley.

Reacting to the judgement, he said they were surprised over the acquittal of 
one of the main accused, Vishal, by the court.

"I have been hearing all along that he is one of the main culprits, then why 
was he released," he asked.

However, he quickly added that it was the "will of God and what can we do".

On the fast track trial of the case, he said, "We were earlier told that we 
will get justice within 90 days.

"After waiting for all these months, we were hoping that the culprits behind 
the incident will meet the same fate (death)... We welcome the judgement but 
are not unable to come to terms with one of the accused being set free."

Sanji Ram, the mastermind and caretaker of the 'devasthanam' (temple) where the 
crime took place in January last year, Deepak Khajuria, a Special Police 
Officer, and Parvesh Kumar, a civilian--the three main accused--were spared 
death penalty, a punishment sought by the prosecution during the year-long 
in-camera trial in the court of judge Tejwinder Singh here.

Expected Death Penalty: NCW Chairperson

The National Commission for Women chairperson on Monday said the Pathankot 
court decision convicting 6 accused in the rape and murder of an eight-year-old 
girl in Kathua in January 2018 was not enough and expected harsher punishment 
for them.

"Was expecting capital punishment for Kathua rape and murder criminals. Jammu 
and Kashmir government must go for appeal in higher court," NCW chairperson 
Rekha Sharma tweeted.

(source: Kashmir Observer)

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

Capital punishment no deterrent to crime: Javed Akhtar



Capital punishment does not deter crime, veteran writer-lyricist Javed Akhtar 
said after six people were convicted for the rape and murder of an 8-year-old 
girl in Jammu and Kashmir's Kathua last year.

A Special Court in Pathankot on Monday convicted 6 people in the case and 
awarded life imprisonment running to 25 years to 3 -- temple priest and 
mastermind Sanji Ram, Deepak Khajuria and Parvesh Kumar.

Akhtar spoke about it at the launch of author Sonal Sonkavde's book titled "So 
What" here on Monday.

"I heard it on television that those people who are responsible for that 
inhuman and barbaric act have been given life sentence. I also heard that some 
people were disappointed with the verdict because they thought that these 
people deserve capital punishment. But honestly speaking, I don't have clear 
cut ideas about capital punishment and whether it is right or wrong."

He said the debate over capital punishment is going on all over the world.

"One thing I am sure about is that capital punishment is not a deterrent of 
crime because where people have banned capital punishment, the crime has not 
increased and in countries where provision of capital punishment is there, the 
crime hasn't reduced. So, it is not a deterrent."

Akhtar, however, said the accused shouldn't walk out free after 2 or 3 years 
after being sentenced to life imprisonment.

"I have no idea whether they should have been given capital punishment or life 
imprisonment is good enough, but at the same time, I must express my 
apprehension that we have seen many times in our society that somebody who has 
committed a heinous crime gets life imprisonment and after two or three years, 
you realise the person has been released on one ground or the other and then he 
or she lives happily ever after.

"So, I hope life imprisonment is good enough but they shouldn't be having these 
privileges where the same person will be walking out freely after 2 or 3 
years."

(source: Business Standard)








IRAQ:

Iraq's judiciary denies deal to commute French extremist death sentences

Iraq's judiciary Tuesday denied it had struck a deal with Paris to commute the 
death sentences of French nationals convicted in Baghdad for belonging to Daesh 
(ISIS).

A Baghdad court issued death sentences in recent weeks for 11 Frenchmen 
transferred to Iraqi custody from neighboring Syria, where they were caught 
fighting for Daesh.

Only an appeals court - not a bilateral agreement - can change their sentences, 
according to Abdalsattar Bayraqdar, spokesman for Iraq's Supreme Judicial 
Council.

"The sentences issued by Iraqi courts can only be reviewed by the court of 
cassation - which has the prerogative under the law to reaffirm the sentence or 
alter it depending on the circumstances of each crime - and not through deals 
between countries," he said Tuesday.

His statement comes after reports that Iraq's government had struck a deal with 
Paris to commute the French citizens' death sentences in exchange for money.

The 11 sentences are still not final.

According to Iraqi law, defendants have 30 days to appeal any sentence and for 
those facing the gallows, the appeal is automatically referred to the cassation 
court.

There, it will be reviewed by 12 judges, according to Mudhaffar Jaryan, a 
lawyer for one of the convicted men.

"The prerogatives of the cassation court are to either confirm the sentence, 
which becomes obligatory, or to lighten it - or to order a retrial if it found 
insufficient evidence," he told AFP.

Jaryan said he was preparing an appeal for a retrial on behalf of his client 
Bilel Kabaoui, 32, who was sentenced on June 3.

He argues that Kabaoui had not fought in Iraq and therefore should not be tried 
there, and that the taped confessions used by prosecutors included many 
contradictions.

Iraqi courts have convicted more than 500 foreign nationals for Daesh 
membership since 2018, most of them captured on Iraqi territory.

They are now trying accused foreign Daesh members who were captured in 
neighboring Syria by the U.S.-backed Syrian Democratic Forces, and transferred 
to Iraqi custody by the coalition fighting the extremists.

Iraqi government sources have told AFP that Baghdad would be willing to try 
hundreds more foreign fighters in exchange for $2 million for each defendant.

Iraq argues its courts can try extremists captured outside its territory 
because they provided material support to Daesh operations inside Iraq.

Its judiciary has issued dozens of death sentences for foreigners convicted of 
Daesh membership but has not carried them out.

One of them, a German woman, saw her death penalty commuted to a life sentence 
on appeal.

(source: dailystar.com)

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

Protesters demand death penalty for Duhok girl’s killer



Protesters assembled outside the Duhok Provincial Council on Monday to demand 
the death penalty for the man suspected of the kidnap, attempted rape, and 
murder of a 10-year-old girl.

“The murderers must be executed as soon as possible,” one protester told Rudaw. 
“If Dlin were the daughter of an official or a rich person, there would not be 
such silence.”

“I am calling on the people of Duhok to wage protests to help restore our 
rights. My innocent daughter was martyred,” Dlin’s mother Fatima Yousif, 
carrying her daughter’s portrait, told Rudaw through tears.

Dlin Ahmed had gone out with her younger brother and a cousin to visit 
relatives and neighbors during Eid, according to her father, Walid Ahmed.

On their way home, at around 5pm, her brother and cousin became preoccupied 
with a bird they had found near Medya school. Soon after, the 2 boys realized 
that Dlin had disappeared.

The family and police searched for 3 days before locating the girl’s body on 
June 8 in an orchard in Duhok. Police say they detained multiple suspects, one 
of which confessed to the crime.

Duhok police are yet to release the identity of the suspect but said he was an 
acquaintance of the family who Dlin had met multiple times with her father.

The suspect’s brother has also been arrested on the grounds of concealing 
information about Dlin’s murder from her family.

“The brother of the murderer is not an accomplice, but he was aware of the 
murder and never informed Dlin’s family. So we have arrested him too, on legal 
grounds,” said Duhok Police chief Tariq Ahmed.

A trial date has not been set and police inquiries are ongoing.

The case has reignited the Region’s death penalty debate.

Amnesty International’s 2018 global review of the death penalty revealed Iraq 
is the world’s 5th most prolific executioner.

However, Kurdistan Region’s president has full jurisdiction over whether or not 
an execution sentence is carried out in the Region.

Although many death sentences have been handed down, the Kurdistan Region by 
and large avoids enacting them.

In a June 2016 homicide case in Duhok, a 22-year-old man kidnapped and killed 
an 18-month-old infant. The girl’s body was found 10 days later.

Following public pressure, the man was executed.

As with the 2016 case, Dlin’s death sparked outrage across social media.

“If there really is law, he must be hanged to death. People’s lives are 
protected when you execute the murderer,” Yusf Taqtaqy wrote on Rudaw Sorani’s 
Facebook page in response to the arrests.

“Simply hang the murderers, so no one else will ever dare to repeat such 
thing,” Rzgar M Ali said.

It is unclear if newly sworn-in President Nechirvan Barzani will respond to 
public pressure and order the execution.

Kurdistan Region authorities imposed a de facto moratorium on the death penalty 
in 2008, which essentially blocks its use except for terror-related charges or 
“exceptionally heinous crimes”.

Human rights groups have urged the Kurdistan Region to abolish death penalty 
permanently and commute them to life in prison.

(source: rudaw.net)




NEW ZEALAND/CHINA:

NZ court halts 1st extradition to China



A New Zealand court has temporarily halted the extradition of a murder-accused 
man to China over concerns about human rights and torture.

Korean citizen and New Zealand resident Kyung Kim is accused of killing a woman 
while on holiday in Shanghai in 2009. In the 1st case of its kind between the 
two countries, China's government requested he be extradited in 2011.

Kim, who moved to New Zealand at 14, denies the charge and has repeatedly 
challenged the extradition, raising concerns about the risk of torture.

New Zealand's previous justice minister twice approved the extradition after 
diplomatic assurances Kim would not be tortured or face the death penalty, and 
one successful appeal.

However the country's penultimate judicial body, the Court of Appeal, on 
Tuesday released a ruling again quashing the government's decision and ordering 
it again be reconsidered.

"New Zealand has obligations under international law to refuse to return a 
person to a jurisdiction in which they will be at substantial risk of torture 
or where they will not receive a fair trial," Justice Helen Winkelmann said.

The court ruled current justice minister, Andrew Little, would this time have 
to take into account other evidence about whether Kim was at risk of torture 
and whether he would get a fair trial.

"In assessing the effectiveness of the assurances to address the risk of 
torture, the minister must address such evidence as there is that torture is 
already against the law (in China), yet persists and the evidence is that 
practice of torture in the PRC is concealed," the 100-page judgment said.

Mr Little was unavailable to comment on Tuesday.

Kim's lawyer, Tony Ellis, said the decision was of "profound human rights 
importance, which will resonate through out the Common Law world".

"It is not just important in New Zealand," Dr Ellis said in a statement.

Kim is accused of the murder of 20-year-old prostitute Pei Yun Chen after her 
beaten body was found wrapped in black cloth in a in Shanghai wasteland in 
2009. He has been on bail since 2016.

The case comes as China tries to gain international support for extraditions. 
It has been met with resistance from Western powers, who have cited concerns 
about its human rights record.

In Hong Kong, hundreds of thousands of people took to the streets over the 
weekend to protest a legislative proposal that would allow criminal suspects to 
be extradited to mainland China.

(source: 7news.com.au)








MALAYSIA:

Duo face death over murder of Grab driver



2 men including a Filipino were charged at the Magistrate’s Court in Tuaran 
yesterday with the murder of a Grab driver last month.

Amru Al Asy Japri, 24, and Filipino Arsit Indanan, 20, were charged at the 
mobile court in Tuaran before magistrate Jessica Ombou Kakayun.

They were accused of murdering Mohammad Hanafiee Jaffar, 27, in a Proton Saga 
FLX car at a roadside at Jalan Marabahai in Tuaran, between 4am and 5am on May 
25.

Arsit and Amru were charged under Section 302 of the Penal Code which carries 
the death penalty upon conviction.

No plea was recorded from the duo, and the court set July 11 for re-mention of 
the case in Tuaran.

The court also ordered that they be further remanded as there was no provision 
for bail under the charge.

Amru’s counsel Dominic Chew earlier asked the court to refer his client to the 
mental hospital at Bukit Padang for a check-up to establish whether he was able 
to give a plea.

Chew said Amru had previously sought treatment at the psychiatry hospital.

Jessica said the court would consider the request if Chew could provide proof 
of Amru’s appointment card at the hospital.

Arsit was not represented.

(source: Free Malaysia Today)

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

Death penalty abolitionists hope govt fulfils promise at next Parliament 
sitting



Death penalty abolitionists are hoping there will be new development during the 
Parliament sitting next month.

Amnesty International Malaysia executive director Shamini Darshni Kaliemuthu 
said a bill regarding the death penalty was supposed to be brought up last year 
but had been delayed.

"We have been waiting for it and will be watching what the government plans to 
do. We are keeping our hopes up that there will be a move forward," she said 
during a forum held here on Monday (June 10) night.

Deputy Minister in the Prime Minister's Department Mohamed Hanipa Maidin 
reportedly said in March that the government had decided to abolish the 
mandatory death penalty for 11 offences.

He said the government had instead proposed to give discretionary power to the 
courts in commuting sentences for the offences.

The nine offences fell under the Penal Code and 2 under the Firearms (Increased 
Penalties) Act 1971.

Shamini said Amnesty International Malaysia was in support of the government's 
decision but would ask that this be considered the first step towards total 
abolition.

"Other countries have done it. Mongolia did it. They carried out the abolition 
step-by-step.

"We ask for the government not to stop there and make this the first move 
towards the total abolition of the death penalty in Malaysia," she said.

Lawyer Hon Kai Ping said the Bar Council had been very clear in its stand on 
the debate about abolishing capital punishment although there had not been any 
recent development in fulfilling Pakatan Harapan's manifesto promise.

"The Bar Council referred to foreign laws to support its argument but the 
latest reason from the Prime Minister is that we cannot follow every one of 
their values. It is as if we are in reverse gear," said the former Pahang Bar 
chairman.

Hon said he understood public sentiments on the debate but stressed that the 
death sentence could be replaced, for example, by imprisonment with or without 
parole.

"In this respect, we have to look at it this issue in its totality. Whether we, 
as Malaysians, want retribution or rehabilitation. Whether we can place trust 
in a convict to change," he said.

During the forum, the wife of a death row inmate shared her experience watching 
her husband Muhd Zulkifli Abd Ghani, 60, walked free of a drug trafficking 
charge but then got sentenced to hang after the decision was appealed.

Rokiah Abd Majid, 57, said her husband had given a lift to his friend Din and 
another man named Alias in 2000 when 3 other men brought 2 sacks into Muhd 
Zulkifli's van during a stopover.

"On the way to Beserah, his van was stopped by the Customs Department and it 
was found that the sacks contained some 22kg of ganja.

"He was remanded for more than 2 years while going through trial.

"The judge decided to release him and Alias, but the Alias was rearrested 
outside the court," she said.

Rokiah said her husband was free for about 7 years before he was summoned by 
the Court of Appeal and his release was overturned.

"His lawyer told him to abscond but he refused. He wanted to fight the case 
because he's innocent," she said.

Rokiah said the government's move to repeal the mandatory death penalty was 
welcome.

"We are grateful for that.

"I hope my husband can be free again one day. He has been in prison for so long 
but now there is something to hope for," she said.

(source: thestar.com.my)








JAPAN:

Japan Marks 10 Years Since Start of Lay Judge System



Japan adopted a lay judge system in May 2009. In the 10 years since, 91,000 
people, including alternates, have served as lay judges in approximately 12,000 
trials.

Majority of Cases Result in Guilty Verdict

Japan instituted the lay judge (saiban’in) system in May 2009 in order to 
better reflect public sentiment in criminal cases. Together with professional 
judges, citizens aged 20 and over selected at random from electoral rolls 
participate in criminal trials, including homicide cases where prosecutors are 
seeking life imprisonment or the death penalty.

According to a Supreme Court report, of the 12,081 lay judge trials held up to 
the end of March 2019, 97% resulted in guilty verdicts. The death penalty was 
handed down in 37 cases, life imprisonment was given in 233 cases, and in 104 
cases, defendants were found not guilty. The average duration of trials has 
nearly tripled over the decade from 3.7 days in 2009 to 10.8 days in 2018.

Participation a Positive Experience, But Fewer Willing to Serve

The ratio of citizens who refuse to serve as lay judges has steadily increased, 
going from 53.1% when the system was introduced in 2009 to 67% in 2018. The 
attendance rate for the lay judge selection procedure, when prospective lay 
judges are called to the court to be vetted, dropped from 83.9% in 2009 to 
around 60% today.

The Supreme Court report ascribes the rising refusal rate and dropping 
attendance rate to length of trial proceedings, population aging, and declining 
public interest in the lay judge system.

When asked for their opinions about participating in a trial, over 95% of lay 
judges polled said that the experience had been “very worthwhile” or 
“worthwhile,” indicating a positive perception of the system among 
participants. Around 60% to 70% of respondents agreed that trial proceedings 
had been easy to understand.

(source: nippon.com)