End death penalty, keep it only for terror: Law panel tells government

Source: The Indian Express (1 September 2015)

http://indianexpress.com/article/india/india-others/law-commission-recommends-abolition-of-death-penalty/

Over 53 years after it favoured retention of the death penalty in statute books, the Law Commission of India recommended Monday that the death penalty be abolished for all crimes other than terrorism-related offences and waging war against the country. This was first reported by The Indian Express last Friday.

In its report, submitted to the government by commission chairman and former Delhi High Court Chief Justice A P Shah, the 10-member panel concluded that while death penalty does not serve the penological goal of deterrence any more than life imprisonment, concern is often raised that abolition of capital punishment for terror-related offences and waging war will affect national security.

However, three members of the commission including two representing the Ministry of Law and Justice — Law Secretary P K Malhotra and Legislative Secretary Sanjay Singh — submitted dissent notes against the recommendation to abolish death penalty. The third dissent note was given by Law Commission member and former Delhi High Court judge Usha Mehra who referred to the rights of “innocent victims”.

Questioning the “rarest of rare” doctraine, the panel said that administration of death penalty, even within the “restrictive environment of rarest of rare doctraine”, was constitutionally unsustainable.“After many lengthy and detailed deliberations, it is the view of the Law Commission that the administration of death penalty, even within the restrictive environment of ‘rarest of rare’ doctrine, is constitutionally unsustainable. Continued administration of death penalty asks very difficult constitutional questions… these questions relate to the miscarriage of justice, errors, as well as the plight of the poor and disenfranchised in the criminal justice system,” the report stated.

Pointing out that in the last decade, the Supreme Court had on “numerous occasions expressed concern about arbitrary sentencing” in death penalty cases, the panel said, “There exists no principled method to remove such arbitrariness from capital sentencing. A rigid, standardisation or categorisation of offences which does not take into account the difference between cases is arbitrary in that it treats different cases on the same footing. Anything less categorical, like the Bachan Singh framework itself, has demonstrably and admittedly failed.”

The commission also questioned the mercy petition system, provided for under the Constitution, saying, “The exercise of mercy powers under Articles 72 and 161 have failed in acting as the final safeguard against miscarriage of justice in the imposition of the death sentence.”

The report stated that from January 26, 1950 till date, successive Presidents have accepted 306 mercy petitions and rejected 131.

Referring to victims of crimes, the panel said in focusing on death penalty “as the ultimate measure of justice to victims”, the restorative and rehabilitative aspects of justice are lost sight of.

It said reliance on the death penalty diverts attention from other problems ailing the criminal justice system such as poor investigation, crime prevention and rights of victims of crime. It is essential that the state establish effective compensation schemes to rehabilitate victims of crime.

At the same time, it is also essential, the panel said, that courts use the power granted to them under the Code of Criminal Procedure, 1973 to grant appropriate compensation to victims in suitable cases.

“The voices of victims and witnesses are often silenced by threats and other coercive techniques employed by powerful accused persons. Hence, it is essential that a witness protection scheme also be established. The need for police reforms for better and more effective investigation and prosecution has also been universally felt for some time now and measures regarding the same need to be taken on a priority basis,” the report stated.

Man cleared of murder after over 20 years in jail

Source: Straits Times (2 February 2016)

http://www.straitstimes.com/asia/east-asia/man-cleared-of-murder-after-over-20-years-in-jail

SHANGHAI • A man jailed in China more than two decades ago for murder has been acquitted, the latest in a series of wrongful convictions overturned in the country.

Mr Chen Man, who is now 53, was released yesterday from Meilan Prison in south China's Haikou City, in Hainan province, after the Zhejiang Higher People's Court overturned his conviction.

Mr Chen was arrested in 1992, accused of burning down a house in Haikou in which a man died. Stab wounds had been found on the neck and body of the victim and the police later arrested Mr Chen, who is from Sichuan province, for the alleged murder, the China News Service reported.

Mr Chen was sentenced to death with a two-year reprieve by Haikou Intermediate People's Court in November 1994.

However, the local procuratorate deemed the sentence "too light" and urged a higher court to adjust it to a death sentence and execute Mr Chen, according to the Zhejiang court. The procuratorate's request was rejected by the Hainan Higher People's Court in 1999, beginning a 16-year appeal ordeal for Mr Chen and his family.

China's top court ordered Mr Chen's case to be re-opened in April last year after he appealed, and the Zhejiang Provincial Higher People's Court retried the case.

Mr Chen Man was convicted solely on the basis of confessions which were "inconsistent" during two trials which convicted him, court judge Zhang Qin said in a statement yesterday.

Yesterday, the High Court of China's eastern Zhejiang province pronounced him not guilty due to "lack of evidence".

"His role in the murder is not clear and the original judgment lacks evidence, therefore, the guilty verdict cannot be confirmed," the Zhejiang court said in its statement.

It said Mr Chen had the right to apply for state compensation.

The president of Hainan Provincial Higher People's Court bowed to Mr Chen after the announcement, the state-run China Daily reported.

The case is the latest highlighting miscarriages of justice in China, where forced confessions are widespread and more than 99 per cent of criminal defendants are found guilty. Mr Chen was convicted solely on the basis of confessions which were "inconsistent" during two trials which convicted him, court judge Zhang Qin said in a statement yesterday.

The government has tried to improve the way courts handle cases of miscarriages of justice following efforts by President Xi Jinping to bolster the rule of law and increase public confidence in the legal system. Wrongful executions have stirred particular outrage, though the death penalty itself remains popular.

Of those exonerated in recent years, Mr Chen spent the longest time in prison, state media said.

For some others, the new verdicts have come too late.

A court in the Inner Mongolia region in 2014 cleared a man named Hugjiltu, who was convicted, sentenced and executed for rape and murder in 1996 at the age of 18.

The declaration of innocence came nine years after another man confessed to the crime.

Twenty-seven officials in China have been "penalised" for his wrongful execution, state news agency Xinhua reported late on Sunday. But only one person will face criminal prosecution, Xinhua said, with 26 others face lighter "administrative penalties".

China officials punished over wrongful execution of teen

Source: BBC News (1 February 2016)

http://www.bbc.com/news/world-asia-china-35457033

Twenty-seven Chinese officials have been penalised for the wrongful execution of a teenager, state news agency Xinhua said.

Huugjilt was 18 when he was convicted of the rape and murder of a woman in a factory's public toilet in 1996.

A serial rapist confessed to the crime in 2005 and Huugjilt was formally exonerated in 2014.

Acquittals are extremely rare in China and it is even rarer for convictions to be overturned.

Twenty-six officials were given "administrative penalties, including admonitions and record of demerit", Xinhua said citing an official statement on Sunday.

Feng Zhiming, the other penalised official, was suspected of other crimes related to his job and was being investigated, according to the report.

The murder happened during an anti-crime drive and detectives in the Inner Mongolia Autonomous Region admitted being under pressure to secure a conviction. The use of force to get confessions is thought to be widespread in the country.

Huugjilt's parents were given 30,000 yuan ($4850; £3080) as an expression of the court's sympathy, when the conviction was overturned.

Saudi Arabia executions reach 53 in January, one-third of 2015 toll

Source: International Business Times (25 January 2016)

http://www.ibtimes.co.in/saudi-arabia-executions-reach-53-january-one-third-2015-toll-664513

Saudi Arabia has continued its spree of executions relentlessly since the beginning of this year, killing 53 people before the first month of 2016 has closed. The figure is more than one-third of the total number of executions of 158 people in the Middle Eastern kingdom last year.

Saudi Arabia sparked global outrage after it put 47 men to death on 2 January, including Shia cleric Sheikh Nimr al-Nimr, in what the Human Rights Watch called the "largest mass execution in the country since 1980".

On Monday, Saudi Arabia executed local tribesman Mohammed bin Awadh al-Zahrani in Jeddah for stabbing a man to death, according to the Saudi Press Agency. It was not mentioned how the execution was carried out, but beheading is the common form of carrying out capital punishment in the country.

Monday's action brought the total number of executions in Saudi Arabia this month to 53, AFP reported.

The executions come even after human rights groups have claimed that 2015 was the year with the highest execution rates in Saudi Arabia in two decades.

The execution of al-Nimr earlier this month had sparked dangerous sectarian tensions in the Middle East, with Shia protesters in Iran attacking a Saudi embassy in Tehran. Saudi Arabia called off diplomatic relations with Iran following the incident, and other Gulf nations such as Bahrain followed suit.

Several cases of violence were reported in Shiite-dominated areas of Saudi Arabia following the mass executions.

Saudi Arabia and Iran are yet to restore ties despite calls for it by the international community.

Death penalty ends in some cases

Source: Viet Nam News (12 January 2016)

http://vietnamnews.vn/opinion/281039/death-penalty-ends-in-some-cases.html

Nguyen Van Hoan, deputy head of the group compiling revisions to the 2015 Penal Code, spoke to Nong thon Ngay nay (Countryside Today) about changes relating to capital punishment.

How do you respond to a change to the 2015 Penal Code that says the death penalty will not apply for officials who pay back at least 75 per cent of illicitly obtained profits?
This is regulated in Point C, Clause 3 in Article 40 of the 2015 Penal Code. Some people think this is too lenient, but in my opinion, it is not.

The most severe penalty for the crimes of embezzlement and bribery was capital punishment under the previous Penal Code. During discussions regarding revisions to this law, legislators agreed to keep capital punishment as deterrent for the two crimes, but reduce it to life imprisonment if the criminal is able to pay back at least 75 per cent of the profits they illicitly obtained.

Can current prisoners be given amnesty if they repent and adhere to the new law?

These cases will be treated carefully. The criteria for considering whether they should be granted amnesty would be much stricter and tougher than for other prisoners serving life sentences. For example, lifers could have their sentence reduced to 20 years for good behaviour.

If a death sentence is reduced to life imprisonment, they must serve at least 30 years.

As I have mentioned above, officials convicted of corruption could be spared if they pay back at least 75 per cent of the profits they illicitly obtained. In addition, there are other requirements that these prisoners would have to meet, including helping authorities to conduct investigations into other corruption cases.

If an official stole VND100 billion (US$4.45 million) and received the death sentence, they could pay back 75 per cent and have their sentence reduced. What would happen to the other VND25 billon ($1.11 million)?

Under the 2015 Penal Code, any public official who illegally obtains VND1 billion upwards could receive capital punishment. Point C, Clause 3 of Article 40 of the 2015 Penal Code applies to all prisoners who receive death sentences relating to corruption, regard less of the amount of money. However, during their prison terms, they may enjoy clemency for good behaviour. ­— VNS

Sri Lanka's human rights commission proposes death penalty abolishment

Source: Web India (4 January 2016)

http://news.webindia123.com/news/Articles/Asia/20160104/2761737.html

The national human rights commission in Sri Lanka on Monday proposed abolishing the death penalty, officials said.

In a letter to President Maithripala Sirisena, the Human Rights Commission said it is imperative for Sri Lanka to conform to the growing global recognition that the death penalty, which seriously violates several human rights including the right to life and freedom from cruel and inhuman punishment, is an extreme and irreversible punishment and is ineffective as a deterrent to crime, Xinhua news agency reported.

The Human Rights Commission of Sri Lanka is to advise and assist the government in formulating legislation and directives and procedures in furtherance of the promotion and protection of fundamental rights, and to make recommendations to the government regarding measures which should be taken to ensure that national laws and administrative practices are in accordance with international human rights norms and standards.

Whilst appreciating that successive governments in Sri Lanka have not implemented the death penalty, the Commission notes that courts continue to impose the death penalty under several statutes which provide for the imposition of the death penalty.

Putting Saudi Arabia's execution of 47 people into historical context

Source: The Independent (1 January 2016)

http://i100.independent.co.uk/article/putting-saudi-arabias-execution-of-47-people-into-historical-context--b1ePJGtzpix

Saudi Arabia has executed 47 people convicted of terrorist offences, including prominent Shia cleric Nimr al-Nimr.

Al-Nimr was an outspoken supporter of the protests in the east of the kingdom in 2011, and was arrested alongside his nephew Ali al-Nimr (17 at the time) in 2012, for charges of (among other things) seeking “foreign meddling” in the state.

Ali al-Nimr has not been named among the 47 executed, most of whom were detained after a series of al-Qaeda attacks between 2003 and 2006 in which hundreds were killed.

All but two of those executed were Saudi nationals, one was an Egyptian and one was a Chadian.

Iran, a country with Shia leadership, said Saudi Arabia would pay a "high price" for the executions, claiming that Riyadh: "supports terrorists... while executing and suppressing critics inside the country."

Saudi Arabia executed at least 157 people in 2015, which was the highest figure recorded by human rights groups for 20 years.

In 2014, the total number of executions recorded was 90.

Pakistan: The year of most executions

Source: The Express Tribune (2 January 2016)

http://deathpenaltynews.blogspot.com.au/2016/01/pakistan-year-of-most-executions.html

As many as 301 people were executed in the Punjab last year. Thousands of prisoners on death row continue to wait for verdicts on their appeals.

There are at least 5,145 people on death row. Of these, there are 42 women whose appeals are pending before the high court and the Supreme Court, sources in the office of the Punjab inspector general (prisons) told The Express Tribune.

Recently, 63 appeals against death penalty were dismissed by the president. Dates of execution are to be notified soon. There are 4,213 appeals pending in the Lahore High Court and its allied benches; 743 in the Supreme Court, 124 with the president and 3 with the Pakistan Army GHQ.

After the deadly attack on Army Public School in Peshawar on December 16, 2014, Prime Minister Nawaz Sharif had lifted the moratorium on death penalty. The first execution was then carried out on April 8 in Machh Jail in Balochistan.

These executions were stayed during a month's reprieve in Ramazan. However, they resumed at the end of July.

As many as 301 people were executed in 7 months. Most had been languishing in jails for more than 20 years.

Kanizan, a prisoner on death row, has exhausted her appeals and is waiting for her turn to be hanged.

She is currently being held at Lahore's Kot Lakhpat Jail. Prison authorities have moved her to a psychiatric ward, saying she is not mentally stable. She was sentenced to death for killing 6 children and their mother in connivance with their father in Toba Tek Singh.

Most of those executed had been convicted of murder over personal enmity, kidnapping for ransom, rape and robbery.

Less than 30 people were executed for terrorist activities. Among those executed for terrorist activities, 13 were tried under the Anti-Terrorism Act, while 12 were hanged after being punished by Field General Court Martial. 8 people were executed for assassination attempts on former president General (r) Pervez Musharraf and 1 person for the attack outside the US Consulate in Karachi. A man was hanged for attacking the General Headquarters (GHQ) of the Pakistan Army in Rawalpindi.

Among those convicted by Field General Court Martial, three were former officials of the Pakistan Air Force, three of Pakistan Army, one was the son of a retired army official and one was a sepoy, who had killed a colleague in Peshawar Cantt while on duty.

Of the 13 people tried by Anti-Terrorism Courts, 8 belonged to the Lashkar-i-Jhangvi. They had been convicted for sectarian killings. 3 among them were those who had hijacked a PIA plane from Turbat to Karachi in 1998.

Supreme Court advocate Tipu Salman Makhdoom says the worst in terms of executions is yet to come.

"More executions are expected in 2016. This is going to bring a bad name to Pakistan," he says.

"People are being hanged over personal enmities, not because of their involvement in terrorism. The government should arrest real terrorists, establish cases against them and give them exemplary punishment."

Thailand warns citizens not to visit Myanmar amid protests over death sentence on 2 migrants

Source: Straits Times (27 December 2015)

http://www.straitstimes.com/asia/se-asia/thailand-warns-citizens-not-to-visit-myanmar-amid-protests-over-death-sentence-on-2

The authorities in the areas bordering Thailand and Myanmar on Saturday (Dec 26) warned Thai nationals not to visit Myanmar at this time, as thousands of people held protests across the border after a Thai court's death sentence verdict against two Myanmar migrants last week.

Peaceful protests were held in the Tachilek and Taungoo border towns in Myanmar on Saturday. And some 60 people continued with their protests for a third day outside the Thai Embassy in Yangon on the same day.

In Tachilek town, across Chiang Rai's Mae Sai district, some 2,000 people gathered at a local stadium about 2km from the border area.

They protested against the Samui Provincial Court's ruling last Thursday that handed down death penalties on Myanmar men Zaw Lin and Win Zaw Htun for the 2014 murders of British tourists David Miller and Hannah Witheridge.

Protest leaders submitted a letter to the Thai border authorities, who accepted it on behalf of the Thai government. The letter called for a fair and just trial.

Thai authorities temporarily closed the border checkpoint for safety reasons. The protesters dispersed peacefully later yesterday. The border checkpoint was reopened shortly afterwards.

At Taungoo town, about 400 Myanmar people protested against the court ruling. Some of the protesters were Myanmar migrant workers from the Thai side of the border.

The protest was peaceful, and they dispersed at about 4pm.

The local authorities in Kanchanaburi's Sangkhla Buri district, which is across the border from the Myanmar town, urged Thai tourists in Myanmar to return home urgently and advised those about to cross the border to delay their visit.

About 60 protesters gathered yesterday outside the Thai Embassy in Yangon, which was closed for the weekend. The demonstration was peaceful and security officials were sent to monitor the situation, according to Foreign Affairs Ministry spokesman Sek Wannamethee.

Foreign Minister Don Pramudwinai said yesterday that he did not think the protests in Myanmar would worsen and sour ties between the two countries.

He said the Thai government was aware of the protesters' demands. "But we have to let the justice process to take its course anyway. That's an international standard of practice. The Thai court system is acceptable," he said.

The two Myanmar convicts were yesterday transferred from a jail on Koh Samui to the Nakhon Si Thammarat prison. They were moved early on Saturday morning to a maximum-security prison that is intended for convicts sentenced to life imprisonment or the death penalty.

Meanwhile, the Thai Journalists' Association (TJA) yesterday issued a statement in response to an earlier statement by the Myanmar Journalists' Association about the court verdict.

The TJA said it agreed with the MJA that as journalists, "our responsibility is to seek truth and justice".

The statement said: "We see the utmost importance of seeking truth and justice, especially in such a controversial case like the tragedy on Koh Tao. The Thai media has already engaged in investigative reporting on this case throughout the judicial process."

Pressure from Myanmar has also come from the National League for Democracy (NLD), which won the recent general elections.

The party issued a statement urging the Myanmar government to give necessary assistance in filing an appeal on behalf of the Koh Tao convicts.

The NLD also welcomed the protest against the court decision outside the Thai Embassy in a way that would not tarnish the country's dignity, Eleven Myanmar reported on Saturday.

HRW urges Pak to restore death penalty moratorium

Source: The Siasat Daily (17 December 2015)

http://www.siasat.com/news/hrw-urges-pak-restore-death-penalty-moratorium-887119/

New York: Pakistan's government should immediately halt executions, reinstate the moratorium on the death penalty, and move toward abolition, Human Rights Watch said today in a joint letter with Amnesty International to Prime Minister Nawaz Sharif.

In the year since the country's six-year moratorium on executions was lifted, Pakistan has carried out more than 300 executions. Those executed include child offenders, defendants who received blatantly unfair trials, and, most recently, individuals tried in secret by military courts with no civilian oversight.

"Over the past year with the moratorium lifted, the Pakistani government has sent hundreds to the gallows with cruel disregard for the rights of those put to death," said Brad Adams, Asia director at Human Rights Watch.

"The government urgently needs to find a better way to address militancy and common crime since the death penalty has long shown to be ineffective in tackling these challenges," he added.

On December 17, 2014, Sharif rescinded an unofficial moratorium on capital punishment following a militant attack on a school in Peshawar the previous day that killed at least 149 people, including 132 children. The authorities should bring the perpetrators of this horrific attack to justice in fair trials, but without resorting to the death penalty.

Human Rights Watch opposes the death penalty in all circumstances as an inherently cruel punishment. (ANI)

Japan executes first man convicted by citizen judges

Source: The Guardian (18 December 2015)

http://www.theguardian.com/world/2015/dec/18/japan-executes-first-man-convicted-by-citizen-judges

Japan on Friday carried out the first execution of a man who had been convicted by lay judges, as part of a pair of hangings that were condemned by human rights groups.


The two executions bring to 14 the total number of death sentences carried out since Shinzo Abe became prime minister three years ago.

Japanese media quoted a justice ministry official as saying that Sumitoshi Tsuda had been hanged for killing three people in May 2009. Tsuda, 63, was the first inmate to be executed following a conviction by a new system introduced in 2009to give citizen jurors a role in sentencing, along with a panel of judges.

Campaigners described the executions as “a cruel form of punishment”.

Roseann Rife, East Asia research director at Amnesty International, said: “The Japanese authorities’ willingness to put people to death is chilling and must end now before more lives are lost. The death penalty is not justice or an answer to tackling crime, it is a cruel form of punishment that flies in the face of respect for life.

“Japan should immediately introduce an official moratorium on executions as a first step towards abolition of the death penalty.”

Some campaigners hoped lay judges would be more reluctant to convict defendants accused of crimes that carry the death penalty - particularly those who claim they were forced to confess - but the number of accused to have been sentenced to death under the system now stands at 26.

The justice minister, Mitsuhide Iwaki, told reporters that the lay judges had arrived at a “very grave” judgement after lengthy deliberations.

The second hanged man, Kazuyuki Wakabayashi, 39, had been convicted of the murder of a 52-year-old woman and her daughter in 2006. He was sentenced to death by judges.
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Japan has resisted international pressure to abolish the death penalty, notably from the UN and the European Union. Public support for capital punishment has remained strong since Aum Supreme Truth, a doomsday cult, killed 13 people and injured thousands of others in a sarin gas attack on the Tokyo subway in 1995.

Japan and the US are the only two advanced industrial nations that retain the death penalty. Last year, only 22 countries carried out executions, and as of November this year, 140 countries had abolished capital punishment in law or in practice, according to Amnesty.

“Japan’s continued use of the death penalty makes it stand out for all the wrong reasons – across the world, and increasingly also in the East Asia region,” Rife said.

Japan’s “secret” executions have been condemned as particularly cruel. Typically, prisoners are kept in solitary confinement for years and given only a few hours’ notice before being led to the gallows. Their families and lawyers are usually notified about the execution only after it has taken place.

Amnesty said that several prisoners with mental and intellectual disabilities are known to have been executed or remain on death row.

Doubts have also been raised over the safety of death penalty convictions in Japan. Iwao Hakamada, who had spent more than 45 years on death row, was freed last year after a court ordered a retrial in his murder case, amid suggestions that police investigators fabricated evidence against him.

Before Friday’s executions Japan had 128 inmates on death row, local media said.

The inevitability of error

Source: Malay Mail Online (12 December 2015)

http://m.themalaymailonline.com/malaysia/article/the-inevitability-of-error

OPINION, Dec 12 — Many have forgotten the wrongful conviction of S. Karthigesu who was charged, tried and convicted for the murder of Jean Perera Sinnappa which took place in 1979. Karthigesu was the only suspect.

The murder trial took 38 days. The main prosecution witness was Bhandulananda Jayatilake. He testified that he witnessed Karthigesu exclaimed that Jean “did not deserve to live”. The trial Judge regarded these words as an incriminating outburst. No evidence was ever found to directly identify the killer. The murder weapon was also never discovered despite the police best efforts.

Karthigesu was given a mandatory death sentence by the trial Judge. He appealed to the Federal Court against his conviction and death sentence. Four days after Karthigesu’s conviction, Jayatilake who was the main prosecution witness came forward. He confessed that he had lied. He did not witness the alleged incriminating outburst implicating Karthigesu.

According to the judgment of the Court, he had been asked to lie in order to secure Karthigesu’s conviction.

The Federal Court set aside Karthigesu’s conviction and mandatory death sentence. Jayatilake was then convicted of perjury and was sent to prison for 10 years.

After having been on the death row for more than two years, Karthigesu was freed. He was indeed very lucky. Many others before and after him may have not been so lucky. Karthigesu was a victim of a miscarriage of justice.

The critical lesson from Jean’s case is that the legal system was unable to uncover the witness’ dishonesty. The trial Judge believed the perjured evidence given by Jayatilake.

Our criminal justice system is clearly not perfect and is susceptible to errors. Errors can be deliberate as well as unintentional. Even an honest witness can be mistaken.

Capital punishment has no place in a society that values and respects human lives. Article 5(1) of our Federal Constitution specifically mandates the Government to protect the citizens’ right to life.

The recent announcement by the government through its de facto law minister, Honourable Nancy Shukri that the government will be tabling an amendment to the law to abolish mandatory death sentence in relation to drugs offences is a move in the right direction.

The decision by the government to abolish the mandatory death sentence for drugs offences is a clear recognition that the mandatory death regime does not act as a deterrent.

A startling revelation was made by Tun Hanif Omar, the former Inspector-General of Police, about the introduction of the mandatory death sentence for drugs offences at a recent seminar on 17 November 2015 which was attended by Members of Parliament from both sides of the political divide.

According to Tun Hanif, the government’s decision in 1983 to impose the mandatory death sentence for drugs offences was made after a conversation between former Prime Minister Tun Dr Mahathir Mohamad and the then Attorney-General Tan Sri Abu Talib Othman regarding the disparity in the imposition of the death sentence for drug offences.

Tun Mahathir was told that two High Court judges had openly declared that they would not impose the death sentence for drug related offences.

The government then decided to standardise the inconsistent punishments and “experimented” with the introduction of the mandatory death sentence regime for drug offences.

If this is the case, the mandatory death sentence appears to have been introduced arbitrarily and without any empirical evidence that would support the belief that it would reduce the commission of drug offences.

This “experiment” failed miserably. In March 2012, Datuk Seri Hishammuddin Hussein, who was then the home minister, admitted in Parliament that the introduction of the mandatory death sentence in 1983 had not reduced drug-related offences.

He said that the drug trafficking arrests had in fact increased. He revealed that there were 2,999 arrests for drug trafficking offences in 2009 and these arrests went up to 3,845 in 2011. This failed “experiment” clearly points to one conclusion — a mandatory death sentence is not an effective deterrent for drug offences.

Malaysia is one of 13 countries in the world that still retains the mandatory death sentence. We currently have 10 offences with mandatory death sentences in force. The effect of a mandatory death sentence is that upon a guilty verdict, the only punishment available to be meted out is death.

The problem with a mandatory death sentence is that the Judge does not have any discretion to take into account the individual circumstances of the convicted person.

The judge is prevented from taking into account any aggravating and/or mitigating factors available to the convicted person when deciding on the suitable punishment to be meted out against the convicted person.

This limitation means that the sentence of death is arbitrary since it does not take into account the varying degrees or types of culpability.

International law states that the mandatory death sentence is contrary to the right to life of each individual as it is arbitrary and has also been deemed to be disproportionate thus violating the prohibition on cruel and unusual punishment.

The government has a positive obligation to protect life as mandated by our Federal Constitution.

Under international law a judge should be given the discretion to mete out the appropriate sentence in capital punishment cases.

Many courts in the Commonwealth including, India, Bangladesh, Zimbabwe, Malawi and Uganda have declared the mandatory death penalty as unconstitutional.

The often quoted reason for not abolishing the mandatory death sentence is the notion that the public demands such a harsh punishment.

A public opinion survey was carried out in Malaysia in 2013 by Roger Hood, Professor Emeritus of Criminology at the University of Oxford.

The survey results showed that there was very little public support for the law which requires that a mandatory death penalty should be imposed on all persons convicted for murder, trafficking of drugs and for certain non-fatal firearms offences.

We are in fact ready for change. With the support of the Malaysian public, the Government must now act to abolish the mandatory death sentence for all crimes.

Ultimately, the government should work towards progressively abolishing capital punishment for all offences.

We should not wait to admit to the imperfection of our criminal justice system. There is always a risk that we may become the victim of a miscarriage of justice ourselves.

By then, it would be too late. The truth is that you can only protect your own life in this world by protecting the lives of others.

*Abdul Rashid Ismail is the immediate past president of the National Human Rights Society (HAKAM).

Mongolia praised by UN for abolishing death penalty

Source:  The China Post (10 December 2015)

https://www.chinapost.com.tw/asia/other/2015/12/10/453141/Mongolia-praised.htm

ULAN BATOR, Mongolia -- The United Nations' top human rights official praised Mongolia Wednesday for abolishing the death penalty, after the sparsely populated Asian country approved a new criminal code eliminating executions.

The measure was passed by the State Great Hural, Mongolia's parliament, last week, after extended debate.

Justice Minister Khishigdemberel Temuujin told the official news agency Montsame that the law was "long anticipated," adding: "There is no significant increase of crimes where countries have no death penalty."

Mongolia's President Tsakhiagiin Elbegdorj is an abolitionist and halted executions after he came to power in 2010, using his presidential authority to commute condemned prisoners' sentences.

"This development is very encouraging and a clear example of positive progress in the fight for human rights for all ― including people convicted of terrible crimes," U.N. rights chief Zeid Ra'ad Al Hussein said in a statement welcoming the abolition.

"We must not allow even the most atrocious acts to strip us of our fundamental humanity," he added.
The move made Mongolia the 105th country to abolish the death penalty in law, the statement said. Another 60 states either have moratoriums in place or have not executed anyone in the last 10 years.

Mongolia has not carried out an execution since 2008, according to rights group Amnesty International, whose East Asia research director Roseann Rife said: "The death penalty is becoming a thing of the past across the world."

Vietnam passes law abolishing death penalty for 7 crimes

Source: Herald & Review (27 Nov 2015)

http://herald-review.com/news/world/asia/vietnam-passes-law-abolishing-death-penalty-for-crimes/article_1e1ce2c5-adeb-5ab4-a4ee-7885ecccb1ae.html

HANOI, Vietnam (AP) ― Death sentences imposed on corrupt Vietnamese officials will now be commuted to life in prison if they pay back at least 75 percent of the illegal money they made.

The online newspaper VnExpress said the new regulation was part of the revised Penal Code that an overwhelmingly majority passed in the National Assembly on Friday.

Under the revision, which takes effect July 1, 2016, the country also will abolish the death penalty for seven crimes: surrendering to the enemy, opposing order, destruction of projects of national security importance, robbery, drug possession, drug appropriation, and the production and trade of fake food.

The revised law will also spare the lives of those who are 75 years old or older.


































The ruling Communist Party has made fighting corruption one of its top priorities.




However, some lawmakers had voiced opposition to the changes when they were debated in the assembly in June, arguing that they would weaken the fight against corruption.




"This would create a loophole for corrupt officials to use money to trade for their life," state media quoted deputy Do Ngoc Nien as saying at the time.




International human rights groups and some Western countries have been urging Vietnam to abolish its death penalty.





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Mongolia: Historic vote abolishes death penalty

Source: Amnesty International (4 December 2015)

https://www.amnesty.org/en/latest/news/2015/12/mongolia-historic-vote-abolishes-death-penalty/

Mongolia's parliament became the latest to consign the death penalty to the history books, in a major victory for human rights in the country, said Amnesty International today.

On Thursday, lawmakers voted in favour of a new Criminal Code that abolishes the death penalty for all crimes. The new Criminal Code will take effect from September 2016, and would bring the total number of countries to have completely abandoned this ultimate cruel, inhuman and degrading punishment to 102.

"Mongolia's historic decision to abolish the death penalty is a great victory for human rights. The death penalty is becoming a thing of the past across the world," said Roseann Rife, East Asia Research Director at Amnesty International.

"Mongolia has set an example which we hope will quickly ripple across Asia. The countries that continue to execute have been shown a clear path to follow to end this cruel and inhumane punishment."

Three countries - Fiji, Madagascar and Suriname - have already abolished the death penalty this year.

The last execution in Mongolia was in 2008 and the death penalty remained classified as a state secret. Since then, the country has taken a series of steps towards abolition culminating in yesterday's historic parliamentary vote.

In 2010, the country's President, Tsakhiagiin Elbegdorj, commuted all death sentences and announced a moratorium on all executions. In 2012, Mongolia ratified an international treaty committing the country to the abolition of the death penalty.

President Tsakhiagiin Elbegdorj has repeatedly said Mongolia must turn its back on the death penalty in order to fully respect the right to life. He argued that the threat of executions does not have a deterrent effect and the risk of a miscarriage of justice is inherent in any system of justice.

"President Tsakhiagiin Elbegdorj exposed the fallacy of the death penalty. The political leadership shown in abolishing the death penalty in Mongolia needs to be repeated elsewhere in Asia. Countries that continue to execute are on the wrong side of history," said Roseann Rife.

A minority of countries continue to use the death penalty, in ways that are completely contrary to international law and standards. Earlier this year, Indonesia resumed executions amidst worldwide criticism, while Pakistan has executed at least 300 people since it lifted a moratorium on executions in December 2014. In East Asia, China, Japan, North Korea, and Taiwan have all carried out executions in 2015.

Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution.