[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Oct. 11



BELARUS:

Yet again: EU calls on Belarus to abolish death penalty



On October 10, the European and World Day against the Death Penalty, Federica 
Mogherini, EU High Representative for Foreign Affairs and Security Policy, and 
Marija Pejcinovic Buric, Secretary General of the Council of Europe, have made 
a joint statement.

According to the top EU officials, 142 countries, representing 74% of the UN 
member states, have already stopped using the death penalty, either by removing 
it from their penal code or not carrying out executions for a long time. The 
abolitionist trend is continuing, with the number of death sentences and 
executions also falling.

In 2018, executions were carried out in 20 countries, representing a historic 
low of 10% of the countries of the world, they state.

The Council of Europe member states which have not yet acceded to Protocols No 
6 and 13 to the European Convention on Human Rights are called upon to do so 
without delay, the EU representatives stress.

“The Council of Europe and the EU once again urge Belarus to abolish the death 
penalty and join the community of nations that have chosen to replace vengeance 
with human dignity. They also invite those observers to the Council of Europe 
who have not yet abolished death penalty to engage in dialogue on the obstacles 
blocking their path towards abolition,” the statement reads.

Christina Johannesson, Sweden’s Ambassador in Minsk, has supported the 
campaign:

Belarus remains the only country in Europe that still applies capital 
punishment. The West has repeatedly called on the Belarusian authorities to 
join a global moratorium as a 1st step towards the abolition of death penalty.

The exact number of executions in Belarus is unknown, but local human rights 
defenders and journalists have worked tirelessly to uncover some information 
about death sentences and executions. According to the Ministry of Justice of 
Belarus, 245 people were sentenced to death from 1994 to 2014. Human rights 
NGOs believe that around 400 people have been executed since the country gained 
its independence in 1991; president Alyaksandr Lukashenka granted a pardon to 
only 1 convict.

(source: belsat.eu)








FRANCE:

United Nations - World Day against the Death Penalty (10 October 2019)



On the 17th World Day against the Death Penalty, France reaffirms its 
opposition to the death penalty everywhere and in all circumstances and 
encourages all states that still apply the death penalty to establish a 
moratorium on it with a view to its definitive abolition.

France welcomes the adoption in January of the annual UN General Assembly 
resolution calling for a universal moratorium on the death penalty, supported 
by a record 121 states.

The French presidency of the Committee of Ministers of the Council of Europe, 
in conjunction with the city of Strasbourg, is hosting a conference today to 
mobilize support for the abolition of the death penalty, the almost complete 
elimination of which on the European continent remains one of the Council of 
Europe’s greatest successes.

(source: diplomatie.gouv.fr)








SPAIN:

Government Reiterates Opposition To Death Penalty



October 10 is World Day and, since 2007, European Day Against the Death 
Penalty. The Government of Spain reiterated Thursday its opposition to the 
death penalty on this 17th World Day.

There has been a global trend towards abolition for some decades now. At 
present, more than two thirds of countries do not enforce the death penalty, 
according to the Spanish government.

In a statement, the Spanish government said the fight against the death penalty 
will remain a priority of Spanish foreign policy, in conjunction with other 
European Union countries and the 22 countries that make up the Support Group of 
the International Commission against the Death Penalty.

The Government of Spain said it will continue to urge governments of 
retentionist States to limit cases in which it is applied and urge a moratorium 
with a view to its definitive abolition. And it will urge those countries that 
have presented draft laws to reinstate it to withdraw such draft laws and 
maintain abolition, thus respecting the absolute human right to life.

Spain took part in the 7th World Congress against the Death Penalty, held in 
Brussels in February this year. In December 2018, 121 member States of the 
United Nations voted in favor of the resolution of the General Assembly in 
favour of a moratorium. The government said it will continue to promote 
abolition at multilateral forums, particularly in its current role as a member 
of the Human Rights Council of the United Nations.

Spain will continue to support the International Commission against the Death 
Penalty, based in Madrid and founded in 2010 upon an initiative of the 
Government of Spain, as well as multilateral and civil society initiatives that 
are aimed towards universal abolition.

(source: eurasiareview.com)








THAILAND:

Network urges end of death penalty ---- 41% of Thais back capital punishment



The Network for the Abolition of the Death Penalty on Thursday urged Thailand 
to make progress towards abolishing the death penalty by acceding to the Second 
Optional Protocol to the International Covenant on Civil and Political Rights 
(ICCPR), which aims to end capital punishment.

Gothom Arya, a representative of the network, said at the panel held at 
Chulalongkorn University to mark World Day Against the Death Penalty -- which 
fell on Thursday -- that a push for an outright end to the death penalty in 
Thailand would be a difficult task because of the prevalent belief in society 
that a guilty person needs to go through his (or her) karma: if one commits a 
violent act, he deserves a violent consequence.

"There is a belief that if there's no death penalty, convicts will return to 
society and harm again. I think the process towards abolishing the death 
penalty in Thailand is likely to be a time-consuming one," he said.

According to a survey conducted by Mahidol University, 41% of Thais want to 
keep the death penalty, while 51% were undecided.

Only 8% of the population supported abolishing it.

Mr Gothom said although Thailand may not be able to push for an outright end to 
the death penalty, the country can make progress by acceding to the Second 
Optional Protocol to the ICCPR which allows member countries to gradually 
reduce the number of crimes liable to capital punishment instead of pushing for 
an outright end.

"If the death penalty is maintained, Thailand should take all measures 
necessary to ensure that it is limited to the most serious crimes, such as acts 
carried out with the intention of killing," he said.

Mr Gothom said Thailand is now among a number of countries in the world where 
the death penalty is known to have been imposed or implemented for 
drug-related, corruption and bribery offences, which do not meet the threshold 
of the most serious crimes.

Atcharapan Jaraswathana, a professor of Criminology at Mahidol University, said 
there is no evidence the death penalty has any unique deterrent effect, so the 
hope of Thai authorities' that the death penalty will reduce crime is 
misguided.

"The death penalty is ultimately a cruel, inhuman and degrading punishment 
which provides no quick-fixes to problems the authorities want to confront," 
she said.

Jacques Lapouge, the Ambassador of France to Thailand, said France and the 
European Union firmly opposes the death penalty at all times and in all 
circumstances.

(source: Banngkok Post)








SRI LANKA:

Drug trafficker ordered the death penalty



Drug trafficker Mohomad Gadaffi was ordered the death penalty by the Colombo 
High Courts today (October 11).

The death penalty was issued as he was found guilty for trafficking more than 
43g of heroin.

(source: newsfirst.lk)








PHILIPPINES:

Death penalty to deal heavier blow on the poor —UN special rapporteur



UN Special Rapporteur on extreme poverty and human rights Philip Alston said 
Thursday that the poor would suffer the brunt of death penalty, which is 
proposed to be revived in the Philippines.

"Death penalty, even when it is officially applied, is a punishment that 
affects much more severely those who are not well-off financially," Alston said 
in a video message presented at the National Congress Against the Death Penalty 
held in Pasig City.

"They are the ones who are least able to defend themselves, they are the ones 
who are unlikely to be able to get a decent lawyer, who are not going to be 
able to challenge the judicial system," he added.

Arguing against the idea that the re-imposition of death penalty would deter 
crimes and give more teeth to the law, Alston said it might actually lead to "a 
dramatic weakening of the rule of law," especially when the power to take lives 
is vested upon the "unrestricted hands" of few people.

He noted that there are 2 classifications of death penalty.

"You have formal penalty, meaning legally-sanctioned, state-administered 
killing where an individual goes through the legal process and is finally 
condemned to death, and then the sentence is carried off," he said.

"But we also have what we can call an informal, unofficial death penalty and 
that's even more traumatic in its consequences," he added, noting that 
state-sponsored vigilante killings fall under this category.

The spate of killings in the Philippines, both during police operations and 
summary executions, amid the Duterte administration's war against illegal drugs 
have seized the attention of local and international human rights advocates.

President Rodrigo Duterte repeatedly said he is ready to answer and die for his 
campaign which he said only aims to protect the Filipino people and the 
generations to come.

During his 4th State of the Nation Address, the President also urged Congress 
to reimpose death penalty in the country for crimes related to drugs and 
plunder.

4 lawmakers filed death penalty bills in the Senate—focusing on offenses 
involving illegal drugs, plunder, and other heinous crimes.

Both the Philippine National Police (PNP) and the Philippine Drug Enforcement 
Agency (PDEA) expressed support to the President's agenda, saying that capital 
punishment will "add more teeth to the crusade against crime, drugs, and 
corruption."

Alston, however, said that based on the experience of various countries he 
visited around the world, killing has not been a proven panacea for problems on 
illegal drugs.

"The flashy killing of significant number of people might achieve other 
government objectives but it does nothing in terms of eliminating long-term 
drug problems," he said.

(source: gmanetwork.com)






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

Philippines to be 'international lawbreaker' if death penalty revived — expert



An expert on international law on Thursday said that if the Philippines would 
be in violation of an international treaty if it brings back capital 
punishment.

Professor William Schabas pointed out in a livestreamed speech at the National 
Congress Against the Death Penalty that the Philippines ratified the 
International Covenant on Civil and Political Rights in 1986 and the Second 
Optional Protocol to the ICCPR in 2007.

House panel starts deliberations on death penalty revival

Schabas has taught international law and human rights in universities across 
more than five countries. His writings on capital punishment have been cited in 
judgments by national and international tribunals, including the supreme Courts 
of the Philippines, the United States, and Canada.

By signing the Second Optional Protocol to the ICCPR, the Philippines 
voluntarily bound itself not to revive the death penalty. The protocol took 
effect on Feb. 20, 2008.

Reviving the death penalty would mean the Philippines would be unable to enter 
future international treaties because it would earn a reputation globally as a 
country unable to abide by its word, Schabas said.

In March 2018, the Philippines announced the withdrawal of its ratification of 
the Rome Statute, which created the International Criminal Court, after the 
tribunal’s chief prosecutor launched a preliminary examination into alleged 
crimes against humanity linked to the government's "war on drugs."

Schabas said that in ratifying the International Covenant on Civil and 
Political Rights, "the Philippines knew that this was a permanent commitment 
and that it was impossible to return."

"That was known to the government," he stressed.

The House of Representatives on March 7, 2017 approved on third and final 
reading House Bill 4727, which, if passed into law, would revive the death 
penalty for drug-related crimes.

However, the proposed law – if enacted – can be amended to include other crimes 
in its scope.

A total of 19 bills in Congress seek to reinforce capital punishment in the 
Philippines. Seven bills were filed in the Senate, while 12 were filed in the 
House of Representatives.

Consequences

The problem is most treaties don't have claws against states that wish to 
withdraw from these, Schabas said.

“I don’t think that anyone should be dismissive or cavalier about this harm 
[left by a] state that deliberately and clearly defies its treaty obligations.”

If the Philippines goes ahead with its death penalty measure, it would be the 
1st country after North Korea to openly challenge a global treaty and would be 
known worldwide as an international outlaw, the professor said.

Global treaties cover not only capital punishment but a whole range of other 
topics. Regardless of nature, the Philippines would have trouble entering any 
future treaties if it earns a reputation as an “international outlaw,” Schabas 
said.

“Now it may come as a disappointment to some people in the Philippines to 
realize that the government in 2007 made a commitment that could not be 
changed,” Schabas said.

“[But] it was well informed of what the consequences were when it ratified the 
Second Optional Protocol to the International Covenant on Civil and Political 
Rights.”

Death penalty in the Philippines

The Philippines in 1987 became the 1st Asian country to abolish capital 
punishment. Death penalty convictions were reduced to reclusion perpetua, or a 
sentence of from 20 to 40 years.

However, Republic Act 7659 in 1993 revived the death penalty as a punishment 
for 21 heinous crimes.

The Philippines set a new record in 2006 when it became the first country to 
abolish and revive capital punishment and then abolish it again through RA 
9346.

Punishment for death penalty convictions then were reduced to reclusion 
perpetua.

The Philippines, during the presidency of Gloria Macapagal-Arroyo, ratified the 
Second Optional Protocol to the ICCPR without reservations.

The protocol commits signatory states to never execute any person within their 
government’s jurisdiction and to take the necessary steps to abolish all death 
penalty measures.

It states: “No reservation is admissible to the present Protocol, except for a 
reservation made at the time of ratification or accession that provides for the 
application of the death penalty in time of war pursuant to a conviction for a 
most serious crime of a military nature committed during wartime.”

Despite the Philippines being a party to the treaty, President Rodrigo Duterte 
placed the reinstatement of death penalty among his administration’s legal 
agenda, urging lawmakers to draft the law.

“‘Yung hanging, once the spine is ripped off inside, wala na. Just like putting 
off a light,” Duterte said in May 2016 during his first press conference since 
election day.

(Kill them by hanging. Once the spine is ripped off inside, they’re gone. Just 
like putting of a light.)

The first bill filed in the 17th Congress after Duterte took office was HB 1 on 
Jun. 30, 2016. It sought to repeal RA 9346 and restore death penalty for 
certain heinous crimes.

Among its authors is former House Speaker and Duterte ally Pantaleon Alvarez.

The bill was consolidated into and substituted by HB 4247, which was passed on 
3rd and final reading in March 2017.

Duterte did not include the revival of the death penalty in the priority bills 
mentioned in his 2019 State of the Nation Address.

(source: philstar.com)








VIETNAM:

2 Lao drug smugglers arrested in Vietnam



Border guard forces of Vietnam's central Quang Binh province have detained 2 
Lao men for trafficking 100,000 pills of synthetic drug from Laos to Vietnam, 
Vietnam News Agency reported on Thursday.

The duo, aged 17 and 19, were caught red-handed transporting the drug in Minh 
Hoa district on Thursday morning. The amounts represents the largest single 
seizure of transnational drug in Quang Binh's border area, said local 
authorities.

According to the Vietnamese law, those convicted of smuggling over 600 grams of 
heroin or more than 2.5 kg of methamphetamine are punishable by death. Making 
or trading 100 grams of heroin or 300 grams of other illegal drugs also faces 
death penalty.

(source: xinhuanet.com)