Dealing Out Death to the Indonesian Drug Dealers
By Ulma Haryanto, Heru Andriyanto, Made Arya Kencana & Arientha Primanita
November 07, 2010
From: Jakarta Globe
Jakarta. Does the death penalty truly deter drug couriers and traffickers? Both criminologists and the National Narcotics Agency said no, even as Indonesian airport authorities on Sunday announced yet another arrest of a woman attempting to smuggle crystal methamphetamine into the country by stuffing packets of the drug into her vagina.
Indonesian jails, Jakarta Police Chief Insp. Gen. Sutarman said on Friday, are heaving from the growing population of drug users, couriers and traffickers, and the country continues to pay a very costly price as jail wardens and police fail to stop convicts from managing to run drug businesses from behind Indonesian jails, via cellphones.
"Traffickers should really be put to death. Even the threat of a death sentence is actually no deterrent," Sutarman had said.
Criminologist Muhammad Irvan Olii agreed that the death penalty is not something that strikes fear into the hearts of traffickers and producers, considering it hardly affects the international drug trade.
"If a dealer or trafficker is sentenced to death, he or she is simply replaced," Irvan told the Jakarta Globe.
Criminologist Erlangga Masdiana agreed with Irvan.
"Issuing the death penalty is related to the legal philosophy behind the sentence. When someone has caused tremendous damage to society, a lesser sentence than death is deemed not enough, but this has nothing to do with curbing the growth of international drug syndicates," Erlangga said.
"Because when you are really poor, becoming a drug mule is an option many people will consider."
Customs authorities at the Ngurah Rai International Airport in Bali announced the arrest of Thai national Jurnporn Ampar, 29, for attempting to smuggle 208 grams of crystal methamphetamine in her vagina.
The drugs were packaged tightly in condoms.
"She seemed so nervous and in such a hurry. A body search revealed the condoms," said Customs official Bagus Endro Wibowo, adding that they had great difficulty attempting to remove the condoms from her body.
"One of them broke inside her, which caused bleeding. She later told us she was paid US$500. Her mother has cancer and the money was for hospital treatment."
Saturday's bust comes two days after Jakarta Police announced the arrest of a veiled Malaysian woman who had also stuffed packets filled with crystal meth into her vagina.
The suspect, Noor Rohman, had managed to get past customs and immigration officers at the Soekarno-Hatta International Airport, but was arrested at a Central Jakarta hotel.
The National Narcotics Agency, or BNN, said the only way the death penalty for drug crimes in Indonesia could have a deterrent effect was if executions of those on death row were carried out speedily.
BNN spokesman Sumirat Dwiyanto said this was not the case.
Sumirat said just five drug dealers had been executed in 2008, of the 72 sentenced to death.
The last time the Attorney General's Office ordered an execution was in 2008, when 10 inmates were put in front of a firing squad, including three militants convicted for the 2002 bombings in Bali.
He added that a court doling out the death penalty was one matter, but seeing to its actual execution was quite another.
Acting Attorney General Darmono said over the weekend that only one out of 101 inmates on death row had now exhausted all available legal avenues.
However, the inmate's execution was impeded by the convict’s "maneuvering" — seeking a doctor's prescription because he was sick, Darmono said.
“We grant inmates the opportunity to use their legal rights to the fullest, because people cannot die twice.”
According to BNN records, over 28,300 cases of drug abuse were recorded in Indonesia last year, with 35,300 people arrested for those crimes.
And this year, of all people sentenced by the court for drug use, only 20 entered rehabilitation centers.
Sumirat said that most of the suspects arrested were above 30 years of age.
"However, 102 suspects were below the age of 15, while nearly 1,600 of them were between the ages of 16 and 19," he pointed out.
More than half of the death row inmates are convicted drug dealers, a majority of whom are foreigners.
Under Indonesian law, capital punishment applies to such crimes as drug trafficking, terrorism, premeditated murder, treason and, in extraordinary cases, corruption.
A list of drug cases reported just in the last week:
Nov. 7: Bali airport authorities arrest a woman carrying crystal methamphetamine-filled condoms inside her body.
Nov. 5: Jakarta Police seize more than Rp 150 billion ($16.8 million) worth of crystal meth in two separate North Jakarta raids.
Nov. 3: Police in West Java seize two tons of marijuana from a warehouse in Cianjur. Separately, police announced the arrest of two Malaysians for smuggling crystal meth.
Nov. 2: Customs officers at Selaparang-Mataram Airport in West Nusa Tenggara arrest a Malaysian man for possession of Rp 6 billion worth of crystal meth.
Nov. 2: Bogor Police seize 400 kilograms of marijuana from two drug couriers.
Other reported drug smuggling cases:
Sept. 21: Two Chinese nationals arrested at Soekarno-Hatta International Airport for attempting to smuggle in 2,110 grams of crystal meth.
April 8 : Two Malaysian nationals arrested with three kilograms of crystal meth wrapped around their waists.
Jan. 7: Three Nigerians arrested carrying capsules filled with ecstasy, crystal meth and heroin inside their bodies.
Dec. 28, 2009: Two Iranians arrested for attempting to smuggle in crystal meth in capsules they had swallowed.
Nov. 10, 2009: An Iranian arrested at Soekarno-Hatta International Airport after crystal meth discovered hidden inside a prosthetic leg.
Showing posts with label capital offences. Show all posts
Showing posts with label capital offences. Show all posts
Sunday, 7 November 2010
Tuesday, 18 May 2010
Drugs and death: Major new study released
IHRA launches 'The Death Penalty for Drug Offences: Global Overview 2010' report
17 May 2010
The International Harm Reduction Association released a study on the death penalty for drug offences today on the opening day of the 19th session of the UN Commission on Crime Prevention and Criminal Justice, taking place in Vienna. The report, titled ‘The Death Penalty for Drug Offences: Global Overview 2010’, finds that hundreds of people are executed for drug offences each year around the world, a figure that very likely exceeds one thousand when taking into account those countries that keep their death penalty statistics secret.
The report is the first detailed country by country overview of the death penalty for drugs, monitoring both national legislation and state practice of enforcement. Of the states worldwide that retain the death penalty, 32 jurisdictions maintain laws that prescribe the death penalty for drug offences. The study also found that in some states, drug offenders make up a significant portion – if not the outright majority – of those sentenced to death and/or executed each year.
Direct link to the report. (Please note 2.42MB file.)
17 May 2010
The International Harm Reduction Association released a study on the death penalty for drug offences today on the opening day of the 19th session of the UN Commission on Crime Prevention and Criminal Justice, taking place in Vienna. The report, titled ‘The Death Penalty for Drug Offences: Global Overview 2010’, finds that hundreds of people are executed for drug offences each year around the world, a figure that very likely exceeds one thousand when taking into account those countries that keep their death penalty statistics secret.
The report is the first detailed country by country overview of the death penalty for drugs, monitoring both national legislation and state practice of enforcement. Of the states worldwide that retain the death penalty, 32 jurisdictions maintain laws that prescribe the death penalty for drug offences. The study also found that in some states, drug offenders make up a significant portion – if not the outright majority – of those sentenced to death and/or executed each year.
Direct link to the report. (Please note 2.42MB file.)
Sunday, 16 May 2010
Singapore: Appeal against hanging of Yong Vui Kong
Amnesty International has issued the following Urgent Action appeal, calling for people to write to the Singapore government urging it not to execute Malaysian man Yong Vui Kong. Details of the latest appeal are above, with background on his case below.
URGENT ACTION
22-YEAR-OLD DUE TO BE HANGED IN SINGAPORE
14 May 2010
A Malaysian man is at immediate risk of execution in Singapore. On 14 May, the Court of Appeal dismissed his appeal against a mandatory death sentence, which violates fair-trial rights.
Yong Vui Kong was sentenced to death in January 2009 for trafficking 47 grams of diamorphine (heroin), a crime committed when he was 19 years old.
Singapore's Misuse of Drugs Act makes the death penalty mandatory for trafficking more than 30 grams of heroin, leaving judges no discretion to consider issues such as mitigating circumstances or to hand down alternative sentences. The law presumes trafficking in all cases involving the possession of over 2 grams of heroin, which shifts the burden of proving that no trafficking was involved from the prosecution to the defendant. This violates the core human right to be presumed innocent of a crime until proven guilty.
The President of Singapore rejected Yong Vui Kong's petition for clemency on 1 December 2009. On 2 December 2009, the High Court postponed Yong Vui Kong’s execution (which had been set to take place on 4 December) to allow the Court of Appeal time to hear an application for a stay.
PLEASE WRITE IMMEDIATELY in English or your own language:
- Urging President Nathan to reconsider Yong Vui Kong's clemency petition and commute his death sentence;
- Calling on the president to introduce an immediate moratorium on all executions, with a view to complete abolition of the death penalty;
- Reminding Law Minister Shanmugam, that the Misuse of Drugs Act violates international human rights law and standards concerning fairness of prosecutions and trials;
- Urging the Law Minister to recommend that Parliament revoke the mandatory death penalty for drug-trafficking and all other offences.
PLEASE SEND APPEALS BEFORE 25 JUNE 2010 TO:
President
His Excellency SR Nathan
Office of the President
Orchard Road, Istana
Singapore 0922
Fax: +65 6735 3135
Email: s_r_nathan@istana.gov.sg
Salutation: Your Excellency
Minister for Law
The Honourable K Shanmugam
Ministry of Home Affairs
New Phoenix Park
28 Irrawaddy Road
Singapore 329560
Fax: +65 6258 0921
Email: k_shanmugam@mlaw.gov.sg
Salutation: Dear Mr Minister
And copies to:
Editor-in-Chief
The Straits Times
1000 Toa Payoh North
News Centre
Singapore 318994
Fax: +65 6319 8282
Email: stonline@sph.com.sg
Also please send copies to Singapore's diplomatic representatives in your country.
This is the third update of UA 296/09. Further information:
www.amnesty.org/en/library/info/ASA36/004/2009/en
www.amnesty.org/en/library/info/ASA36/005/2009/en
www.amnesty.org/en/library/info/ASA36/007/2009/en
Background - from Amnesty International Urgent Action appeal 269/09, 3 November 2009
Index: ASA 36/004/2009 Singapore
URGENT ACTION
malaysian man facing execution in singapore
Yong Vui Kong was sentenced to death for drug trafficking in January 2009. He had exhausted his appeals by October, and can now escape execution only if the president grants clemency.
Yong Vui Kong was arrested in June 2007, when he was 19, by officers from the Central Narcotics Bureau. He was charged with trafficking 42.27 grams of heroin, and then sentenced to death in January 2009.
He had been working as a messenger for a man in Malaysia who often asked him to collect money from debtors or deliver packages as "gifts" to people in Singapore and Malaysia. At his trial, Yong Vui Kong said he had not known what was in the packages, and when he asked, he had simply been told not to open them. The judge, however, ruled that Yong must have been aware of their contents, saying in his written summation, "I found that the accused had failed to rebut the presumption against him. I am of the view that the prosecution had proved its case against the accused beyond reasonable doubt, and I therefore found the accused guilty as charged and sentenced him to suffer death."
Yong was convicted under the Misuse of Drugs Act, which provides that anyone found guilty of illegally importing, exporting or trafficking more than 15 grams of heroin will automatically receive a mandatory death sentence.
Governments need to address crimes, including drug trafficking, but there is no clear evidence that the death penalty deters crime more effectively than other forms of punishment. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated in his 2005 report that the "mandatory death penalty, which precludes the possibility of a lesser sentence being imposed regardless of the circumstances, is inconsistent with the prohibition of cruel, inhuman or degrading treatment or punishment." To date, 139 countries have abolished death penalty in law or practice.
URGENT ACTION
22-YEAR-OLD DUE TO BE HANGED IN SINGAPORE
14 May 2010
A Malaysian man is at immediate risk of execution in Singapore. On 14 May, the Court of Appeal dismissed his appeal against a mandatory death sentence, which violates fair-trial rights.
Yong Vui Kong was sentenced to death in January 2009 for trafficking 47 grams of diamorphine (heroin), a crime committed when he was 19 years old.
Singapore's Misuse of Drugs Act makes the death penalty mandatory for trafficking more than 30 grams of heroin, leaving judges no discretion to consider issues such as mitigating circumstances or to hand down alternative sentences. The law presumes trafficking in all cases involving the possession of over 2 grams of heroin, which shifts the burden of proving that no trafficking was involved from the prosecution to the defendant. This violates the core human right to be presumed innocent of a crime until proven guilty.
The President of Singapore rejected Yong Vui Kong's petition for clemency on 1 December 2009. On 2 December 2009, the High Court postponed Yong Vui Kong’s execution (which had been set to take place on 4 December) to allow the Court of Appeal time to hear an application for a stay.
PLEASE WRITE IMMEDIATELY in English or your own language:
- Urging President Nathan to reconsider Yong Vui Kong's clemency petition and commute his death sentence;
- Calling on the president to introduce an immediate moratorium on all executions, with a view to complete abolition of the death penalty;
- Reminding Law Minister Shanmugam, that the Misuse of Drugs Act violates international human rights law and standards concerning fairness of prosecutions and trials;
- Urging the Law Minister to recommend that Parliament revoke the mandatory death penalty for drug-trafficking and all other offences.
PLEASE SEND APPEALS BEFORE 25 JUNE 2010 TO:
President
His Excellency SR Nathan
Office of the President
Orchard Road, Istana
Singapore 0922
Fax: +65 6735 3135
Email: s_r_nathan@istana.gov.sg
Salutation: Your Excellency
Minister for Law
The Honourable K Shanmugam
Ministry of Home Affairs
New Phoenix Park
28 Irrawaddy Road
Singapore 329560
Fax: +65 6258 0921
Email: k_shanmugam@mlaw.gov.sg
Salutation: Dear Mr Minister
And copies to:
Editor-in-Chief
The Straits Times
1000 Toa Payoh North
News Centre
Singapore 318994
Fax: +65 6319 8282
Email: stonline@sph.com.sg
Also please send copies to Singapore's diplomatic representatives in your country.
This is the third update of UA 296/09. Further information:
www.amnesty.org/en/library/info/ASA36/004/2009/en
www.amnesty.org/en/library/info/ASA36/005/2009/en
www.amnesty.org/en/library/info/ASA36/007/2009/en
Background - from Amnesty International Urgent Action appeal 269/09, 3 November 2009
Index: ASA 36/004/2009 Singapore
URGENT ACTION
malaysian man facing execution in singapore
Yong Vui Kong was sentenced to death for drug trafficking in January 2009. He had exhausted his appeals by October, and can now escape execution only if the president grants clemency.
Yong Vui Kong was arrested in June 2007, when he was 19, by officers from the Central Narcotics Bureau. He was charged with trafficking 42.27 grams of heroin, and then sentenced to death in January 2009.
He had been working as a messenger for a man in Malaysia who often asked him to collect money from debtors or deliver packages as "gifts" to people in Singapore and Malaysia. At his trial, Yong Vui Kong said he had not known what was in the packages, and when he asked, he had simply been told not to open them. The judge, however, ruled that Yong must have been aware of their contents, saying in his written summation, "I found that the accused had failed to rebut the presumption against him. I am of the view that the prosecution had proved its case against the accused beyond reasonable doubt, and I therefore found the accused guilty as charged and sentenced him to suffer death."
Yong was convicted under the Misuse of Drugs Act, which provides that anyone found guilty of illegally importing, exporting or trafficking more than 15 grams of heroin will automatically receive a mandatory death sentence.
Governments need to address crimes, including drug trafficking, but there is no clear evidence that the death penalty deters crime more effectively than other forms of punishment. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated in his 2005 report that the "mandatory death penalty, which precludes the possibility of a lesser sentence being imposed regardless of the circumstances, is inconsistent with the prohibition of cruel, inhuman or degrading treatment or punishment." To date, 139 countries have abolished death penalty in law or practice.
Monday, 21 December 2009
Viet Nam: Blogger may face death penalty
Blogger and activist faces possible death penalty
Published on 14 December 2009
Statement from Reporters Without Borders
Reporters Without Borders is deeply concerned about French-educated blogger and pro-democracy activist Nguyen Tien Trung, now facing a possible death penalty under article 79 of the criminal code after the charges against him were changed to "trying to overthrow the people’s government." Arrested more than five months ago, he is due to be tried at the end of the month.
"We call for Nguyen Tien Trung’s immediate and unconditional release as the charges against him are entirely fabricated," Reporters Without Borders said. "Trung is a pacifist who has never endangered the Vietnamese state. He just exercised his right to free expression, a right he learned to use in France."
The press freedom organisation added: "Trung is a scapegoat. The authorities want to make an example of him in order to intimidate other Vietnamese students who want to press for more freedom when they return home after studying abroad."
Trung’s family told Reporters Without Borders that his father was allowed to visit him on 10 December for the second time since his arrest. The authorities are reportedly now going to allow his family to visit him once a month. Trung seemed to be in good physical and psychological condition and did his best to reassure his father. He asked his father to bring him books, especially economics and French books. The authorities are considering the request.
A former student at the National Institute for Applied Sciences (INSA) in the northern French city of Rennes, where he got a masters in information technology, Trung was arrested at his parents’ home in Ho Chi Minh City on 7 July on a charge of propaganda against the state under article 88 of the criminal code. A government TV station broadcast taped footage in which he made a confession.
He seems to have been arrested because of the pro-democracy views he posted online and, in particular, an open letter to the government about education policies.
The Trung support committee website posted an opinion piece by Philippe Echart, who was one of Trung’s teachers at the INSA.
"It is strange for a teacher to realise that one his students, which whom he had a few talks and to whom he paid special attention because he was a foreigner, is now being in prison at the other end of the world, in his own country, on serious charges," Echard writes. "And why is he in prison? For expressing his views freely. For criticising university education in Vietnam. For calling for more freedoms and more democracy, as many other intellectuals in his country have."
The support committee is calling for a determined campaign on his behalf. "The worst that could happen to Trung is that people gradually forget him," the committee’s appeal says. Trung’s friends and family have relaunched the campaign for his release. Sign a petition at the http://freetrung.tk website.
Published on 14 December 2009
Statement from Reporters Without Borders
Reporters Without Borders is deeply concerned about French-educated blogger and pro-democracy activist Nguyen Tien Trung, now facing a possible death penalty under article 79 of the criminal code after the charges against him were changed to "trying to overthrow the people’s government." Arrested more than five months ago, he is due to be tried at the end of the month.
"We call for Nguyen Tien Trung’s immediate and unconditional release as the charges against him are entirely fabricated," Reporters Without Borders said. "Trung is a pacifist who has never endangered the Vietnamese state. He just exercised his right to free expression, a right he learned to use in France."
The press freedom organisation added: "Trung is a scapegoat. The authorities want to make an example of him in order to intimidate other Vietnamese students who want to press for more freedom when they return home after studying abroad."
Trung’s family told Reporters Without Borders that his father was allowed to visit him on 10 December for the second time since his arrest. The authorities are reportedly now going to allow his family to visit him once a month. Trung seemed to be in good physical and psychological condition and did his best to reassure his father. He asked his father to bring him books, especially economics and French books. The authorities are considering the request.
A former student at the National Institute for Applied Sciences (INSA) in the northern French city of Rennes, where he got a masters in information technology, Trung was arrested at his parents’ home in Ho Chi Minh City on 7 July on a charge of propaganda against the state under article 88 of the criminal code. A government TV station broadcast taped footage in which he made a confession.
He seems to have been arrested because of the pro-democracy views he posted online and, in particular, an open letter to the government about education policies.
The Trung support committee website posted an opinion piece by Philippe Echart, who was one of Trung’s teachers at the INSA.
"It is strange for a teacher to realise that one his students, which whom he had a few talks and to whom he paid special attention because he was a foreigner, is now being in prison at the other end of the world, in his own country, on serious charges," Echard writes. "And why is he in prison? For expressing his views freely. For criticising university education in Vietnam. For calling for more freedoms and more democracy, as many other intellectuals in his country have."
The support committee is calling for a determined campaign on his behalf. "The worst that could happen to Trung is that people gradually forget him," the committee’s appeal says. Trung’s friends and family have relaunched the campaign for his release. Sign a petition at the http://freetrung.tk website.
Monday, 14 September 2009
Indonesia: State-secrets law would carry death penalty
From The Jakarta Post, 10 September, 2009
The House of Representatives and the government have agreed to pass a state secrecy bill which would see people found guilty of leaking state secrets face the death penalty.
A member of the House's working committee deliberating the bill, Effendi Choirie, said Thursday lawmakers had approved a maximum penalty of 20 years of imprisonment or capital punishment and a minimum jail sentence of four years and fine of Rp 100 million (US$10,000) for the crime.
The committee has also reached an agreement on the definition of state secrets.
"State secrets are defined as information or materials and activities, which are classified as secrets by the president, and could potentially endanger the state, its existence and integrity if they are leaked to people who do not have the right to possess them," chairman of the committee, Guntur Sasono of the Democratic Party, told The Jakarta Post on Thursday.
According to Effendi of the National Awakening Party (PKB), details of the definition were available in the following articles.
"For example, only intelligence-sensitive information is classified as secret," he said in response to public fears that the definition of state secrets would be too generic and open to abuse.
In response to the ongoing deliberation of the bill, research coordinator of human rights group Imparsial, Al Araf, said that even though some of the bill’s controversial content had been dropped, the draft in general restricts the public from accessing vital information.
"It is already difficult for us to investigate human rights violations in the absence of a state secrecy law, let alone with one," he said.
The House of Representatives and the government have agreed to pass a state secrecy bill which would see people found guilty of leaking state secrets face the death penalty.
A member of the House's working committee deliberating the bill, Effendi Choirie, said Thursday lawmakers had approved a maximum penalty of 20 years of imprisonment or capital punishment and a minimum jail sentence of four years and fine of Rp 100 million (US$10,000) for the crime.
The committee has also reached an agreement on the definition of state secrets.
"State secrets are defined as information or materials and activities, which are classified as secrets by the president, and could potentially endanger the state, its existence and integrity if they are leaked to people who do not have the right to possess them," chairman of the committee, Guntur Sasono of the Democratic Party, told The Jakarta Post on Thursday.
According to Effendi of the National Awakening Party (PKB), details of the definition were available in the following articles.
"For example, only intelligence-sensitive information is classified as secret," he said in response to public fears that the definition of state secrets would be too generic and open to abuse.
In response to the ongoing deliberation of the bill, research coordinator of human rights group Imparsial, Al Araf, said that even though some of the bill’s controversial content had been dropped, the draft in general restricts the public from accessing vital information.
"It is already difficult for us to investigate human rights violations in the absence of a state secrecy law, let alone with one," he said.
Sunday, 23 November 2008
Viet Nam: Death penalty reduction debated
Deputies in Viet Nam's national assembly (NA) have debated a proposal to reduce the number of capital crimes, including for corruption, bribery and producing fake drugs.
According to Thanh Nien News, the current session of the NA considered an amended draft criminal code, which would see the death sentence removed from 17 of the current 29 capital offences.
NA deputies spoke against removing the death penalty for these offences at sittings on 7 November.
"It is necessary to retain death sentences for embezzlement and bribery to prevent people from engaging in the crimes, as our fight against corruption is now very fierce," said Nguyen Dang Trung, NA deputy and Chairman of the Ho Chi Minh City Bar Association.
Earlier in the week, judicial committee chairwoman Le Thi Thu Ba said the death penalty was necessary for bribery and corruption because they were "a national disaster".
The Thanh Nien report said deputies told the NA the death penalty should not be removed from crimes such as manufacturing counterfeit food and pharmaceutical products, because "it could affect human life on a large scale, hinder smooth economic growth and cause other serious consequences".
Other deputies argued it would not be reasonable to remove the death sentence for crimes against humanity and national security, when an offender could be executed for killing one person.
The reported comments left open the possibility that the death penalty could be removed for other offences on the proposed list, including for rape, fraud, smuggling and organising the illegal use of drugs.
"Developmental" need to kill
Presenters at a seminar in October argued the death penalty was necessary to deal with "extremely dangerous crimes", particularly given the country's current stage of development.
The VNA news service reported the workshop, organised by Vietnam's Institute of State and Law and Germany's KAS Institute, discussed the use of the death penalty and the possibility of abolition.
It reported that unnamed legal experts pointed to "the experiences of some countries at a similar developmental level to Vietnam" to argue the death penalty was needed to deter potential criminals against "certain crimes".
"They agreed that the abolition of the death penalty should follow a road map with specific steps depending on certain social conditions," the report said.
This is similar to the argument used by senior officials in China, who have argued the county needed to achieve a certain level of development before it could abolish the death penalty.
Notwithstanding this argument, the officials have been unable to point to evidence that the death penalty provides a greater degree of deterrence than other, less severe, punishments.
Ministry proposal
Vietnamese media reported in July that the Ministry of Public Security recommended the death penalty be abolished for 12 crimes, including smuggling, trading in false products and hijacking (ADP story here).
VietNamNet reported a recommendation would be made to the National Assembly to amend the Criminal Code to limit the penalty to what the paper described as "only to those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".
"The aim of the amendment is to make the country’s criminal code more compliant with world trends to humanise laws and completely abolish the death penalty," said Nguyen Ngoc Anh, head of the Legal Department of the Ministry of Public Security.
In 1999, the number of offences attracting a death sentence was reduced from 44 to 29 offences.
VietNamNet said 116 people were sentenced to death in 2006 and 95 in 2007, although it did not confirm how many people were actually executed.
The July VietNamNet report said the full list included: appropriating property by fraud; smuggling; producing and trading fake food and medical products; being involved in producing, storing and circulating counterfeit money, bonds and cheques; organising the illegal use of drugs; hijacking aeroplanes or ships; corruption; taking and giving bribes; destroying army weapons or technical equipment; being involved in an invasion; anti-human crimes and those convicted of war crimes.
Human rights call
On 10 November Amnesty International encouraged Vietnamese authorities to "carry out the proposed reforms and introduce a moratorium on executions with a view to abolishing the death penalty".
It said Vietname authorities did not allow international standards for fair trials to be followed in practice.
"Legal counsel is often assigned to defendants at the last minute, allowing little pre-trial preparation," the organisation said.
"The defence is not always allowed to call or question witnesses, and private consultation with counsel may be limited.
"In many cases, all the defence counsel can do is plead for clemency."
Related stories:
Viet Nam: Reduction in death penalty offences? -- 23 July 2008
Viet Nam death penalty "not deterring drugs" -- 25 November 2006
According to Thanh Nien News, the current session of the NA considered an amended draft criminal code, which would see the death sentence removed from 17 of the current 29 capital offences.
NA deputies spoke against removing the death penalty for these offences at sittings on 7 November.
"It is necessary to retain death sentences for embezzlement and bribery to prevent people from engaging in the crimes, as our fight against corruption is now very fierce," said Nguyen Dang Trung, NA deputy and Chairman of the Ho Chi Minh City Bar Association.
Earlier in the week, judicial committee chairwoman Le Thi Thu Ba said the death penalty was necessary for bribery and corruption because they were "a national disaster".
The Thanh Nien report said deputies told the NA the death penalty should not be removed from crimes such as manufacturing counterfeit food and pharmaceutical products, because "it could affect human life on a large scale, hinder smooth economic growth and cause other serious consequences".
Other deputies argued it would not be reasonable to remove the death sentence for crimes against humanity and national security, when an offender could be executed for killing one person.
The reported comments left open the possibility that the death penalty could be removed for other offences on the proposed list, including for rape, fraud, smuggling and organising the illegal use of drugs.
"Developmental" need to kill
Presenters at a seminar in October argued the death penalty was necessary to deal with "extremely dangerous crimes", particularly given the country's current stage of development.
The VNA news service reported the workshop, organised by Vietnam's Institute of State and Law and Germany's KAS Institute, discussed the use of the death penalty and the possibility of abolition.
It reported that unnamed legal experts pointed to "the experiences of some countries at a similar developmental level to Vietnam" to argue the death penalty was needed to deter potential criminals against "certain crimes".
"They agreed that the abolition of the death penalty should follow a road map with specific steps depending on certain social conditions," the report said.
This is similar to the argument used by senior officials in China, who have argued the county needed to achieve a certain level of development before it could abolish the death penalty.
Notwithstanding this argument, the officials have been unable to point to evidence that the death penalty provides a greater degree of deterrence than other, less severe, punishments.
Ministry proposal
Vietnamese media reported in July that the Ministry of Public Security recommended the death penalty be abolished for 12 crimes, including smuggling, trading in false products and hijacking (ADP story here).
VietNamNet reported a recommendation would be made to the National Assembly to amend the Criminal Code to limit the penalty to what the paper described as "only to those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".
"The aim of the amendment is to make the country’s criminal code more compliant with world trends to humanise laws and completely abolish the death penalty," said Nguyen Ngoc Anh, head of the Legal Department of the Ministry of Public Security.
In 1999, the number of offences attracting a death sentence was reduced from 44 to 29 offences.
VietNamNet said 116 people were sentenced to death in 2006 and 95 in 2007, although it did not confirm how many people were actually executed.
The July VietNamNet report said the full list included: appropriating property by fraud; smuggling; producing and trading fake food and medical products; being involved in producing, storing and circulating counterfeit money, bonds and cheques; organising the illegal use of drugs; hijacking aeroplanes or ships; corruption; taking and giving bribes; destroying army weapons or technical equipment; being involved in an invasion; anti-human crimes and those convicted of war crimes.
Human rights call
On 10 November Amnesty International encouraged Vietnamese authorities to "carry out the proposed reforms and introduce a moratorium on executions with a view to abolishing the death penalty".
It said Vietname authorities did not allow international standards for fair trials to be followed in practice.
"Legal counsel is often assigned to defendants at the last minute, allowing little pre-trial preparation," the organisation said.
"The defence is not always allowed to call or question witnesses, and private consultation with counsel may be limited.
"In many cases, all the defence counsel can do is plead for clemency."
Related stories:
Viet Nam: Reduction in death penalty offences? -- 23 July 2008
Viet Nam death penalty "not deterring drugs" -- 25 November 2006
Wednesday, 23 July 2008
Viet Nam: Reduction in death penalty offences?
Viet Nam is considering a further reduction in the number of crimes that attract the death penalty, according to a report last week by China's Xinhua newsagency.
The Vietnam News reportedly said on 15 July that the Ministry of Public Security had proposed the death penalty be removed from 12 offences.
Xinhua's report said the proposal would amend Article 35 of the Criminal Code, which provides for the death penalty.
The changes would limit its use to "only those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".
The 12 offences included:
The Vietnam News reportedly said on 15 July that the Ministry of Public Security had proposed the death penalty be removed from 12 offences.
Xinhua's report said the proposal would amend Article 35 of the Criminal Code, which provides for the death penalty.
The changes would limit its use to "only those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".
The 12 offences included:
- appropriating property by fraud
- smuggling
- producing and trading fake goods and medical products
- being involved in producing, storing and circulating counterfeit money, bonds and checks
- organising the illegal use of drugs
- hijacking planes or ships
- corruption
- taking and giving bribes
- destroying army weapons or technical equipment
- being involved in an invasion
- "anti-human crimes", and
- war crimes.
Gradual reductions
Human rights campaigners have long urged Viet Nam to reduce the scope of the death penalty.
After increasing the number of capital offences to 44 in 1992, Viet Nam reduced it to 29 offences in July 1999.
In April this year, Amnesty International said there were at least 25 known executions in Viet Nam in 2007, which placed it fourth on the list of the top executioners in the world.
Xinhua said Viet Nam sentenced 116 people to death in 2006 and 95 in 2007.
Dramatic increase but positive signs
In June 2006, an Amnesty International alert said there had been a "dramatic increase in Viet Nam's use of the death penalty, especially for drug-related crimes".
"Concern about the use of the death penalty in Viet Nam is compounded by the routine unfairness of trials that do not conform to international standards," the organisation said.
However, it said there were "some positive signs that the death penalty is being discussed within the Vietnamese government".
Related stories:
Drug penalty violates international law -- 06 May, 2007
Viet Nam death penalty "not deterring drugs" -- 25 November, 2006
Asia leads the world's known executions -- 15 April, 2008
20,000 waiting to be killed -- 23 April, 2006
Saturday, 4 August 2007
Party claims economic penalty 'prudent'
China's ruling Communist Party has claimed it is "prudent" in using the death penalty for economic crimes, as it struggles to contain the threat of widespread corruption.
Gan Yisheng, spokesman for the Central Commission for Discipline Inspection (CCDI) of the party's Central Committee told a press conference the death penalty was applied to a "very small" number of people for serious economic crimes.
"We are very prudent in using the death penalty to execute perpetrators of economic crimes and the number of death penalties handed down to economic criminals is very small," Xinhua quoted him as saying.
"China has so far kept the death penalty system and the death penalty is applicable to serious economic crimes."
The death penalty has been politically useful for the Communist Party, which uses the execution of officials for corruption to answer mounting public concern and recent widely reported scandals.
On 10 July China executed Zheng Xiaoyu, former director of the State Food and Drug Administration (SFDA), for corruption and dereliction of duty after he was convicted of accepting 6.49 million yuan (US$850,000) in bribes from pharmaceutical companies.
"The reason for Zheng Xiaoyu's death sentence was that the bribes he took were huge and he committed serious crimes," Gan said.
He said China retained the death penalty because of its particular circumstances and its cultural background.
"Different countries have different circumstances and have different cultural backgrounds and views on the death penalty. They also have different legal regulations, which is very natural," he said.
"The fact that China keeps the death penalty is due to its national conditions and cultural background. There is nothing to be criticized."
He claimed there were "very strict controls on the death penalty" and all the death penalty decisions were reviewed by the Supreme People's Court.
Human rights groups report the death penalty is applied to a wide range of crimes in China, and political interference in the justice system is common.
Related stories:
China executes drug regulator -- 12 July, 2007
China call for cautious death penalty - again -- 8 April, 2007
China: Judges try to limit death penalty -- 14 November, 2006
China reforms good, but not enough -- 8 November, 2006
China: Supreme Court review from January -- 1 November, 2006
Political questions over China's new appeal judges -- 2 July, 2006
China to retain death penalty, with reforms -- 13 March 2006
Gan Yisheng, spokesman for the Central Commission for Discipline Inspection (CCDI) of the party's Central Committee told a press conference the death penalty was applied to a "very small" number of people for serious economic crimes.
"We are very prudent in using the death penalty to execute perpetrators of economic crimes and the number of death penalties handed down to economic criminals is very small," Xinhua quoted him as saying.
"China has so far kept the death penalty system and the death penalty is applicable to serious economic crimes."
The death penalty has been politically useful for the Communist Party, which uses the execution of officials for corruption to answer mounting public concern and recent widely reported scandals.
On 10 July China executed Zheng Xiaoyu, former director of the State Food and Drug Administration (SFDA), for corruption and dereliction of duty after he was convicted of accepting 6.49 million yuan (US$850,000) in bribes from pharmaceutical companies.
"The reason for Zheng Xiaoyu's death sentence was that the bribes he took were huge and he committed serious crimes," Gan said.
He said China retained the death penalty because of its particular circumstances and its cultural background.
"Different countries have different circumstances and have different cultural backgrounds and views on the death penalty. They also have different legal regulations, which is very natural," he said.
"The fact that China keeps the death penalty is due to its national conditions and cultural background. There is nothing to be criticized."
He claimed there were "very strict controls on the death penalty" and all the death penalty decisions were reviewed by the Supreme People's Court.
Human rights groups report the death penalty is applied to a wide range of crimes in China, and political interference in the justice system is common.
Related stories:
China executes drug regulator -- 12 July, 2007
China call for cautious death penalty - again -- 8 April, 2007
China: Judges try to limit death penalty -- 14 November, 2006
China reforms good, but not enough -- 8 November, 2006
China: Supreme Court review from January -- 1 November, 2006
Political questions over China's new appeal judges -- 2 July, 2006
China to retain death penalty, with reforms -- 13 March 2006
Sunday, 8 July 2007
Asian activists condemn drug executions
An Asian network of anti-death penalty activists has condemned the region's widespread use of the death penalty for drug offences, despite there being "no convincing evidence" the punishment provides a greater level of deterrence.
The Anti-Death Penalty Asia Network (ADPAN) released a statement on United Nations Anti-Drugs Day, 26 June, expressing its "growing concern that more people are sentenced to death for drug offences than for any other crime in a number of Asia Pacific countries".
"This is at a time when there is a worldwide trend towards restricting and abolishing the death penalty."
Sixteen Asia Pacific countries continued to apply the death penalty for drug trafficking and possession offences, said ADPAN.
The network recognised that governments should take "appropriate law-enforcement measures" against drug trafficking and crime, including meeting their obligations under international drug control treaties.
"However there is no convincing evidence that the death penalty deters would-be drug traffickers more than any other punishment," it said.
'Not deterring'
The statement said Amnesty International did not know of any evidence that the death penalty had lead to a drop in drug use or trafficking in any of the sixteen countries.
"In China for example, police data shows that the number of drug users grew 35 percent in the five years since 2000.
"In Viet Nam, the BBC quoted an official who said in 2005 the quantity of drugs seized by customs had increased 400 percent year-on-year, despite its use of the death penalty."
Secret, mandatory, guilty
It also condemned the secrecy, mandatory sentences and discrimination that exacerbate the use of the death penalty for drugs.
It was not possible to determine how many death senences were imposed for drug crimes in the region because "the death penalty is shrouded in secrecy in many Asian countries".
"However, reports have shown that in South East Asian countries, including Indonesia, Malaysia, Singapore, Thailand and Vietnam, the majority of death penalty cases are for drug crimes."
ADPAN said the death penalty was mandatory for certain drug offences in Brunei, India, Laos, Thailand, North Korea, Singapore and Malaysia, which gave judges "no authority to take into account extenuating circumstances" in individual cases.
The network was also particularly concerned that countries including Malaysia, China and Singapore made a presumption of guilt for drug offences, reversing the international legal standard that an accused person should first be presumed innocent until proven guilty in a fair trial.
This reversal was even more worrying in capital cases because it "increases the risk that an innocent person may be executed".
Discrimination
The statement said there was evidence that the death penalty was disproportionately used on "the poorest, most vulnerable members of society", including in drug trafficking cases.
"In many cases, people have become involved in drug trafficking out of desperation or ignorance.
"Executing these people not only fails to deter others, but also fails to deal with the underlying issues that drive them to offend, such as poverty and lack of education, and obviously precludes the possibility of reform."
Steps to abolition
The ADPAN statement urged countries in the Asia Pacific to follow the lead of the Philippines and Nepal and move towards abolition of the death penalty.
It said countries should start by "ending the use of the death penalty for drugs offences and studying and implementing alternative treatment to break the cycle of drug abuse and crime".
ADPAN said the sixteen Asia Pacific countries that still had the death penalty for drug crimes were: Bangladesh, Brunei, China, India, Indonesia, North Korea, South Korea, Laos, Malaysia, Myanmar, Pakistan, Singapore, Sri Lanka, Taiwan, Thailand, and Viet Nam.
ADPAN described itself as "is an independent informal network with over 34 members made up of individuals and organizations from 18 countries mainly from the Asia-Pacific region".
Related stories:
New voice against Asia's executions -- 10 October, 2006
The Anti-Death Penalty Asia Network (ADPAN) released a statement on United Nations Anti-Drugs Day, 26 June, expressing its "growing concern that more people are sentenced to death for drug offences than for any other crime in a number of Asia Pacific countries".
"This is at a time when there is a worldwide trend towards restricting and abolishing the death penalty."
Sixteen Asia Pacific countries continued to apply the death penalty for drug trafficking and possession offences, said ADPAN.
The network recognised that governments should take "appropriate law-enforcement measures" against drug trafficking and crime, including meeting their obligations under international drug control treaties.
"However there is no convincing evidence that the death penalty deters would-be drug traffickers more than any other punishment," it said.
'Not deterring'
The statement said Amnesty International did not know of any evidence that the death penalty had lead to a drop in drug use or trafficking in any of the sixteen countries.
"In China for example, police data shows that the number of drug users grew 35 percent in the five years since 2000.
"In Viet Nam, the BBC quoted an official who said in 2005 the quantity of drugs seized by customs had increased 400 percent year-on-year, despite its use of the death penalty."
Secret, mandatory, guilty
It also condemned the secrecy, mandatory sentences and discrimination that exacerbate the use of the death penalty for drugs.
It was not possible to determine how many death senences were imposed for drug crimes in the region because "the death penalty is shrouded in secrecy in many Asian countries".
"However, reports have shown that in South East Asian countries, including Indonesia, Malaysia, Singapore, Thailand and Vietnam, the majority of death penalty cases are for drug crimes."
ADPAN said the death penalty was mandatory for certain drug offences in Brunei, India, Laos, Thailand, North Korea, Singapore and Malaysia, which gave judges "no authority to take into account extenuating circumstances" in individual cases.
The network was also particularly concerned that countries including Malaysia, China and Singapore made a presumption of guilt for drug offences, reversing the international legal standard that an accused person should first be presumed innocent until proven guilty in a fair trial.
This reversal was even more worrying in capital cases because it "increases the risk that an innocent person may be executed".
Discrimination
The statement said there was evidence that the death penalty was disproportionately used on "the poorest, most vulnerable members of society", including in drug trafficking cases.
"In many cases, people have become involved in drug trafficking out of desperation or ignorance.
"Executing these people not only fails to deter others, but also fails to deal with the underlying issues that drive them to offend, such as poverty and lack of education, and obviously precludes the possibility of reform."
Steps to abolition
The ADPAN statement urged countries in the Asia Pacific to follow the lead of the Philippines and Nepal and move towards abolition of the death penalty.
It said countries should start by "ending the use of the death penalty for drugs offences and studying and implementing alternative treatment to break the cycle of drug abuse and crime".
ADPAN said the sixteen Asia Pacific countries that still had the death penalty for drug crimes were: Bangladesh, Brunei, China, India, Indonesia, North Korea, South Korea, Laos, Malaysia, Myanmar, Pakistan, Singapore, Sri Lanka, Taiwan, Thailand, and Viet Nam.
ADPAN described itself as "is an independent informal network with over 34 members made up of individuals and organizations from 18 countries mainly from the Asia-Pacific region".
Related stories:
New voice against Asia's executions -- 10 October, 2006
Thursday, 12 April 2007
Malaysia: Expanded penalty condemned
Malaysian human rights activists have condemned the reported expansion of the death penalty for terrorism offences.
Malaysians Against Death Penalty and Torture (MADPET) said in a statement on 20 March it was "shocked and disappointed" at the new offence, which applies a mandatory death sentence for terrorist acts that cause death.
A second offence applies the death penalty to people convicted of giving financial aid to terrorists.
The new laws reportedly came into effect on 6 March, one day after they were gazetted by Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz.
MADPET said, however, Minister Aziz was reported in 2006 as saying: "For me, a life is a life. No one has the right to take someone else's life, even if that person has taken another life..."
The wrong direction
The organisation said the death penalty was an unsafe and unnecessary response to serious crime.
"It is not possible in any system of human justice to prevent the horrifying possibility of the execution of innocent persons; and the infliction of the death penalty makes wrongful convictions irreversible.
"In an age, when it is possible to isolate persons guilty of the most heinous of crimes from society by the imposition of life imprisonment, there can be no more justification for the usage of the death penalty," it said.
The statement said 128 countries had abolished the death penalty in law or practice, compared to the 69 countries that retain and use it.
"It is ironic that at a time when the nations of the world are rapidly moving towards abolition of the death penalty, Malaysia is once again unnecessarily and imprudently extending the range of capital offences," MADPET said.
Calls for abolition
The organisation pointed out that a Malaysian television poll conducted last year showed 64% in favour of abolishing the death penalty.
The poll was conducted on 7 May 2006, during the Hello on Two programme, which "has an estimated audience of 80,000".
In March 2006, the country's peak legal organisation the Malaysia Bar passed a resolution calling for an end to the death penalty and for all death sentences to be commuted.
Related stories:
Malaysia's 'inexcusable' position on death penalty -- 22 July, 2006
Malaysia: Life sentence under the noose - 21 July, 2006
Malaysia: Opposition to water pollution death sentences - 09 May, 2006
Malaysia may execute water polluters -- 29 April, 2006
Renewed debate on death penalty in Malaysia -- 23 March, 2006
Malaysian lawyers against the death penalty -- 21 March, 2006
Malaysia PM defends death for drug offenders -- 24 February, 2006
Malaysians Against Death Penalty and Torture (MADPET) said in a statement on 20 March it was "shocked and disappointed" at the new offence, which applies a mandatory death sentence for terrorist acts that cause death.
A second offence applies the death penalty to people convicted of giving financial aid to terrorists.
The new laws reportedly came into effect on 6 March, one day after they were gazetted by Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz.
MADPET said, however, Minister Aziz was reported in 2006 as saying: "For me, a life is a life. No one has the right to take someone else's life, even if that person has taken another life..."
The wrong direction
The organisation said the death penalty was an unsafe and unnecessary response to serious crime.
"It is not possible in any system of human justice to prevent the horrifying possibility of the execution of innocent persons; and the infliction of the death penalty makes wrongful convictions irreversible.
"In an age, when it is possible to isolate persons guilty of the most heinous of crimes from society by the imposition of life imprisonment, there can be no more justification for the usage of the death penalty," it said.
The statement said 128 countries had abolished the death penalty in law or practice, compared to the 69 countries that retain and use it.
"It is ironic that at a time when the nations of the world are rapidly moving towards abolition of the death penalty, Malaysia is once again unnecessarily and imprudently extending the range of capital offences," MADPET said.
Calls for abolition
The organisation pointed out that a Malaysian television poll conducted last year showed 64% in favour of abolishing the death penalty.
The poll was conducted on 7 May 2006, during the Hello on Two programme, which "has an estimated audience of 80,000".
In March 2006, the country's peak legal organisation the Malaysia Bar passed a resolution calling for an end to the death penalty and for all death sentences to be commuted.
Related stories:
Malaysia's 'inexcusable' position on death penalty -- 22 July, 2006
Malaysia: Life sentence under the noose - 21 July, 2006
Malaysia: Opposition to water pollution death sentences - 09 May, 2006
Malaysia may execute water polluters -- 29 April, 2006
Renewed debate on death penalty in Malaysia -- 23 March, 2006
Malaysian lawyers against the death penalty -- 21 March, 2006
Malaysia PM defends death for drug offenders -- 24 February, 2006
Monday, 29 January 2007
Taiwan limits mandatory penalties
Taiwan has removed the mandatory death penalties from serious currency offences and several crimes against the armed forces, according to The China Post.
The Legislative Yuan amended the legislation on 22 December, giving judges discretion as to whether a convicted person should receive a life or a death sentence.
The amendments were introducted by You Ching, from the ruling Democratic Progressive Party (DPP), who The China Post said "contended that the original provisions stipulating mandatory death sentences for such offenses left no room for judges to use their discretion when passing sentences that take human lives".
The newspaper said he argued judges should be given more flexibility to consider individual cases "objectively in order to mete out reasonable penalties".
The amended provisions were:
The Legislative Yuan amended the legislation on 22 December, giving judges discretion as to whether a convicted person should receive a life or a death sentence.
The amendments were introducted by You Ching, from the ruling Democratic Progressive Party (DPP), who The China Post said "contended that the original provisions stipulating mandatory death sentences for such offenses left no room for judges to use their discretion when passing sentences that take human lives".
The newspaper said he argued judges should be given more flexibility to consider individual cases "objectively in order to mete out reasonable penalties".
The amended provisions were:
- Article 3 of the Law on Punishment for Obstruction Against the National Currency, which had provided a mandatory the death penalty for a person convicted of counterfeiting banknotes and causing serious disturbance to the nation's monetary system
- Article 27 and Article 66 of the Criminal Law of the Armed Forces. Under the previous Article 27, a mandatory death sentence was given to any member of the military who disobeyed orders at the front line. Article 66 had provided a mandatory death sentence for a person who fabricated orders, announcements or reports during wartime, causing harm to the military.
Saturday, 25 November 2006
Viet Nam death penalty "not deterring drugs"
A Vietnamese parliamentary commission has admitted the death penalty is failing to deter drug crime, despite the large number of people executed for drug-related offences each year.
Thanh Nien News reported on 3 November that the National Assembly's Legal Commission also favoured reducing the number of crimes that attract the death penalty.
Legal Commission vice director Tran The Vuong said it acknowledged the deterrent effect of the death penalty was "not so significant".
"Though there have been a lot of death sentences for drug-related offenses, the number of drug criminals has increased," Tran The Vuong said on the fringes of the assembly's winter session.
"It would be more effective to discover and punish ringleaders," Tran The Vuong said.
According to the report by Thanh Nien News, about 100 people are executed by firing squad each year, most for drug-related offences.
The report said many people executed for drug offences were merely couriers who transported drugs because of their situation or in ignorance of the law.
Tran The Vuong said the commission favoured a reduction in the number of crimes carrying the death penalty, although he would not specify which crimes would remain capital offences.
"It is a major issue that needs thorough study," he said.
Proposed changes
Viet Nam amended its Criminal Code in 2000, reducing the number of capital offences from 44 to 29.
It was reported in February 2006 that the Ministry of Public Security proposed a further reduction from 29 to 20 offences.
A spokesperson for the judicial department of the Ministry of Public Security said a reduction would be "in tune with the general tendency around the world, which Vietnam should follow".
Amnesty International said the proposal, which was submitted to the judicial reform commission for consideration, "reportedly recommends that economic crimes such as fraud and embezzlement, smuggling, counterfeiting and bribery should no longer be capital offences".
Viet Nam has continued to sentence people to death for non-violent economic crimes, despite the view of UN human rights experts that "the death penalty should be eliminated for crimes such as economic crimes and drug-related offences".
In February 2006, state media reported on proposals to change the method of execution, replacing firing squads with lethal injection.
A Police Ministry study reportedly said lethal injection would "minimise the psychological difficulties for executioners".
Related stories:
Another Australian spared in Viet Nam – 19 November, 2006
Viet Nam: Take action against the death penalty -- 24 June, 2006
Viet Nam easing the executioner's burden -- 26 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006
death penalty, deterrence, drug trade, drugs, human rights, Viet Nam, Vietnam
Thanh Nien News reported on 3 November that the National Assembly's Legal Commission also favoured reducing the number of crimes that attract the death penalty.
Legal Commission vice director Tran The Vuong said it acknowledged the deterrent effect of the death penalty was "not so significant".
"Though there have been a lot of death sentences for drug-related offenses, the number of drug criminals has increased," Tran The Vuong said on the fringes of the assembly's winter session.
"It would be more effective to discover and punish ringleaders," Tran The Vuong said.
According to the report by Thanh Nien News, about 100 people are executed by firing squad each year, most for drug-related offences.
The report said many people executed for drug offences were merely couriers who transported drugs because of their situation or in ignorance of the law.
Tran The Vuong said the commission favoured a reduction in the number of crimes carrying the death penalty, although he would not specify which crimes would remain capital offences.
"It is a major issue that needs thorough study," he said.
Proposed changes
Viet Nam amended its Criminal Code in 2000, reducing the number of capital offences from 44 to 29.
It was reported in February 2006 that the Ministry of Public Security proposed a further reduction from 29 to 20 offences.
A spokesperson for the judicial department of the Ministry of Public Security said a reduction would be "in tune with the general tendency around the world, which Vietnam should follow".
Amnesty International said the proposal, which was submitted to the judicial reform commission for consideration, "reportedly recommends that economic crimes such as fraud and embezzlement, smuggling, counterfeiting and bribery should no longer be capital offences".
Viet Nam has continued to sentence people to death for non-violent economic crimes, despite the view of UN human rights experts that "the death penalty should be eliminated for crimes such as economic crimes and drug-related offences".
In February 2006, state media reported on proposals to change the method of execution, replacing firing squads with lethal injection.
A Police Ministry study reportedly said lethal injection would "minimise the psychological difficulties for executioners".
Related stories:
Another Australian spared in Viet Nam – 19 November, 2006
Viet Nam: Take action against the death penalty -- 24 June, 2006
Viet Nam easing the executioner's burden -- 26 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006
death penalty, deterrence, drug trade, drugs, human rights, Viet Nam, Vietnam
Wednesday, 8 November 2006
China reforms good, but not enough
Human rights groups have welcomed reforms to the death penalty in China, but say the changes fail to address the unfair trials, secrecy and widespread use that characterise the country's death penalty system.
The Chinese government passed new legislation last week reinstating a single national process of review for all death sentences. From 1 January 2007, the Supreme People's Court will review all death sentences handed down by provincial courts.
Amnesty International (AI) said the changes were "welcome" but people facing the death penalty would still be unlikely to receive fair trials. Human Rights Watch (HRW) said the reforms would not be effective if China did not disclose how many people were executed each year.
"This new legislation will possibly help improve the quality of trials for those facing the death penalty in China - and may also reduce the number of executions," said Purna Sen, AI's Asia-Pacific Programme Director.
"But there is a danger that it could also further entrench the death penalty system in China, unless it is accompanied by other measures, including full transparency on the use of the death penalty nationwide and a reduction in the number of crimes punishable by death," Purna Sen said.
Around 68 crimes attract the death penalty in China, including non-violent offences such as tax fraud, embezzling state property and accepting bribes.
Sophie Richardson, deputy Asia director of Human Rights Watch, said: "Unless the government discloses how many people it executes each year, the reform isn't meaningful."
"Hiding the numbers might save the government embarrassment, but this is not acceptable. Without releasing basic public information such as the overall number of executions, the type of crime that led to the sentence, and basic data about the executed, meaningful penal reform still has not been achieved," she said.
AI expressed fears that, even with the new process of review, "those facing the death penalty are unlikely to receive a fair trial in line with international human rights standards".
"Trials in China are generally marked by a lack of prompt access to lawyers, lack of presumption of innocence, political interference in the judiciary and the failure to exclude evidence extracted under torture," AI said.
Sophie Richardson from HRW said: "Having a higher court review death penalty sentences is a good first step, but much more needs to be done."
"The government must also work to ensure that courts are independent and that defendants have adequate legal representation. Otherwise, this reform will signal only very limited progress," she said.
Related story:
China: Supreme Court review from January -- 01 November, 2006
China death penalty, law reform, death penalty, human rights
The Chinese government passed new legislation last week reinstating a single national process of review for all death sentences. From 1 January 2007, the Supreme People's Court will review all death sentences handed down by provincial courts.
Amnesty International (AI) said the changes were "welcome" but people facing the death penalty would still be unlikely to receive fair trials. Human Rights Watch (HRW) said the reforms would not be effective if China did not disclose how many people were executed each year.
"This new legislation will possibly help improve the quality of trials for those facing the death penalty in China - and may also reduce the number of executions," said Purna Sen, AI's Asia-Pacific Programme Director.
"But there is a danger that it could also further entrench the death penalty system in China, unless it is accompanied by other measures, including full transparency on the use of the death penalty nationwide and a reduction in the number of crimes punishable by death," Purna Sen said.
Around 68 crimes attract the death penalty in China, including non-violent offences such as tax fraud, embezzling state property and accepting bribes.
Sophie Richardson, deputy Asia director of Human Rights Watch, said: "Unless the government discloses how many people it executes each year, the reform isn't meaningful."
"Hiding the numbers might save the government embarrassment, but this is not acceptable. Without releasing basic public information such as the overall number of executions, the type of crime that led to the sentence, and basic data about the executed, meaningful penal reform still has not been achieved," she said.
Both organisations agreed that the reforms did not go far enough, and would not address the serious human rights violations in the use of the death penalty in China.
"Trials in China are generally marked by a lack of prompt access to lawyers, lack of presumption of innocence, political interference in the judiciary and the failure to exclude evidence extracted under torture," AI said.
Sophie Richardson from HRW said: "Having a higher court review death penalty sentences is a good first step, but much more needs to be done."
"The government must also work to ensure that courts are independent and that defendants have adequate legal representation. Otherwise, this reform will signal only very limited progress," she said.
Related story:
China: Supreme Court review from January -- 01 November, 2006
China death penalty, law reform, death penalty, human rights
Subscribe to:
Posts (Atom)
Posts
