[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Sun May 19 08:42:51 CDT 2019
May 19
SAUDI ARABIA----female execution
Saudi Arabia executes Philippine woman convicted of murder
A 39-year-old Filipina was executed this week in Saudi Arabia after being
convicted of murder under Islamic Shariah law, the Philippines’ Department of
Foreign Affairs said on Thursday.
The woman who was executed on Tuesday worked as domestic help in Saudi Arabia,
where around 1 million Philippine immigrants work and often suffer
exploitation, abuse and harassment by their employers.
“The Department regrets that it was not able to save the life of the Filipina
after the Saudi Supreme Judicial Council classified her case as one in which
blood money does not apply under Shariah law,” the DFA said in a statement.
According to Islamic law, the “blood money” system allows the commutation of a
capital sentence for murder if the family of the victim accepts payment in lieu
of the punishment.
During the trial, the Philippine embassy in Riyadh provided legal assistance to
the woman, sent representatives to meet her in prison and kept her family
informed of developments.
The DFA has not provided information about the identity of the deceased and
also withheld details of the crime, following a request for privacy from her
family.
In November, the Philippines repatriated Jennifer Dalquez, who had been working
as a domestic help in the United Arab Emirates, after she was acquitted of
murdering her employer and escaped the death penalty.
Dalquez allegedly killed her employer in self-defence when he tried to rape her
at knifepoint and spent 4 years in prison.
The controversy over abuse and exploitation of Filipino workers abroad
escalated in February last year when the body of Joanna Demafelis, a 29-year
old Philippine maid was found in the freezer of her employers‘ house in Kuwait
after she had been missing for a year.
The incident led to President Rodrigo Duterte banning Filipino workers from
going to Kuwait, which later expelled the Philippine ambassador, although the
two countries normalized ties in May and the ban was lifted.
According to DFA data, around 3,000 Filipinos leave the country every day on
temporary foreign work permits, with many heading to Arab countries, where
women tend to work as domestic workers while men are mostly employed in the
construction sector.
Around 10 million Filipinos are migrant workers overseas and their remittances
account for more than 10 % of the country‘s GDP.
(source: stockvisionary.com)
PAKISTAN:
Pakistan death penalty: majority of reviewed convictions overturned study
finds----A 2-year study of cases found a litany of errors could mean hundreds
on death row are innocent
Hundreds of innocent people could be languishing on death row in Pakistan after
being sentenced to hang in miscarriages of justice, research from human rights
groups claims.
A 2-year-study of capital punishment cases in the country of 210 million found
that when reviewed by the Supreme Court, 78 % of death sentences were
overturned and that convictions appeared to be rife with flimsy evidence and
flawed verdicts.
Delays in the congested court system meant the victims of such miscarriages
spent years waiting to be cleared, if the mistakes were ever uncovered at all.
The 2 groups behind the research have now called for a moratorium on executions
while the system is overhauled and judges are retrained.
Researchers from the Pakistan-based Foundation for Fundamental Rights and
UK-based Reprieve said a study of hundreds of capital punishment cases showed
the system was broken.
Their research looked at 310 publicly recorded Supreme Court decisions on death
sentence cases between 2010 and 2018. Pakistan's top court overturned the death
sentence handed down by lower courts in nearly f4-out-of-5 cases it reviewed,
the researchers found.
In case after case, Supreme Court judges questioned the strength of evidence
used to send people to the gallows as well as the lower courts' reliance on
unreliable witness testimony. Lower courts were also failing to follow the
Supreme Court's direction and handing down death sentences for crimes that top
judges feel no longer merit them, the researchers concluded.
“When nearly four-out-of-five cases that reach the Supreme Court are deeply
flawed, it is safe to say that the current trial practice is broken – and is
wasting an enormous amount of judicial energy and creating a large burden on
the criminal justice system,” a 54-page report on their findings concluded.
Pakistan has one of the largest death rows in the world, at around 4,700
prisoners. The country is also one of the most prolific executioners, hanging
more than 500 people since lifting its seven-year stay on capital punishment in
December 2014.
Lawyers told The National that a vast case backlog and a chronic shortage of
judges were contributing to the miscarriages.
The research found the Supreme Court overturned the original death sentences in
78 per cent of cases, either totally acquitting the accused, commuting the
sentence, or ordering a review. 39 % of the Supreme Court's reported judgements
were acquittals.
“Thus nearly 2 in every 5 prisoners sentenced to death in the study were
determined to have been wrongfully convicted and may be innocent of the crime
for which they were convicted and sentenced to death,” the research found. “The
average accused spends an average of 10 years under the Damoclean sword of a
death sentence before having his case heard by the Supreme Court.”
If the findings of the public Supreme Court decisions can be extended to the
rest of death row, “then nearly two in every five of the prisoners on death row
may be innocent of the crimes for which they were convicted and sentenced to
death”, the researchers said. Nearly four out of every five could ultimately
have their sentences overturned, commuted or reviewed.
Supreme Court judges repeatedly cited over-reliance on weak witness testimony,
a tendency for police to frame suspects and a lack of evidence as they quashed
convictions.
Lawyers said such problems were not restricted to death sentence cases.
Rani Bibi spent 19 years in jail for a crime she did not commit. Alongside her
father, brother and cousin, she was wrongly convicted at trial of murdering her
husband in a case filled with gross legal negligence.
Sentenced to life on flimsy evidence, it was only when a crusading lawyer took
on her case that an appeal was heard. It later transpired her earlier attempt
at appeal had never progressed because jailers had failed to get the correct
signatures and thumbprints on her application.
“The allegations were groundless, the process had been concocted,” she told The
National. Her father died while in custody.
(source: thenational.ae)
PHILIPPINES:
CHR 'ready to engage' next Congress in 'frank, factual' discussion about death
penalty
The Commission on Human Rights (CHR) is prepared to engage in a "frank and
factual" conversation about capital punishment with members of the 18th
Congress, the agency's chair said Sunday.
In a statement, Commissioner Karen Gomez-Dumpit said the CHR is ready to
"present the ineffectiveness of the death penalty and offer viable programs" to
deter criminality, including improved police visibility and community
vigilance.
"The Commission does not want crime to go unpunished. However, the
apprehension, prosecution, conviction and punishment of those who have
committed wrong doings must be in accordance with human rights standards and
principles," Dumpit said.
The 17th Congress will adjourn in less than 3 weeks.
Senate President Vicente “Tito” Sotto III earlier said there is a stronger
possibility of restoring capital punishment in the Senate, as allies of the
President Rodrigo Duterte--who has pushed for the revival of the death
penalty--have dominated the partial, official tally of votes. Of the 12
probable senatorial race winners, 10 are in favor of the return of death
penalty.
“In the new Senate, there’s a possibility of 13 [votes for death penalty] for
high-level drug trafficking alone,” Sotto said, noting that death penalty for
other heinous crimes may not flourish.
In 2017, the House of Representatives passed a bill restoring death penalty,
but a counterpart measures was stalled in the Senate.
Death penalty was abolished under the 1986 Constitution, but the Charter gave
Congress the power to reinstate it for heinous crimes. Capital punishment
returned under the administration of President Fidel Ramos, but was abolished
again under President Gloria Macapagal-Arroyo.
The Philippines is also a signatory to the Second Optional Protocol to the
International Covenant on Civil and Political Rights, which commits countries
to abolish death penalty.
"We also have to ensure that our legal obligations as a state party to the
International Covenant on Civil and Political Rights and the Second Optional
Protocol aiming at the Abolition of the Death Penalty are respected and
fulfilled. As a state party to these human rights treaties, we have perpetually
committed not to impose nor reintroduce capital punishment," Dumpit said.
(source: CNN Philippines)
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