China to video death penalty appeals

China will video appeal hearings against death sentences from 1st July, Chief Justice Xiao Yang announced last week.

Xinhua News reports the Chief Justice made the announcement at a national working meeting on criminal trials on 23 May.

"Video recording of the entire proceedings will be gradually adopted in appeal hearings of death sentence in open court session so that justice of the process can be ensured," he said.

In February, Xiao Yang confirmed that all appeals against death sentences would be heard in an open court from 1st July, part of a series of reforms to China's justice system. The Supreme People's Court will also be reasserting its power to hear all appeals in death penalty cases.

Bangladesh: Death penalty to stay in terrorism law

A Bangladesh government committee is pressing ahead with plans to include the death penalty in new anti-terrorism legislation, according to The New Nation.

The news service reports that a Cabinet committee met on 16 May and agreed to study a draft Anti-Terrorism Act 2006 which includes a maximum sentence of the death penalty.

Cabinet agreed on 13 March to form the committee to examine the draft law in detail.

The New Nation reports that the Cabinet committee’s chair said the draft act would be finalised by 18 June.

It says the Chairman of the Cabinet Committee and Minister for Law, Justice and Parliamentary Affairs Moudud Ahmed told journalists after the meeting that the act would then be submitted to Cabinet for final approval.

Moudud Ahmed said the Anti-Terrorism Act 2006 would be introduced into Parliament after the passage of the National Budget.

In recent years Bangladesh has come under pressure from the United States and the EU to take stronger action to combat terrorism.

The New Nation reports that the draft anti-terrorism act was prepared after research into similar legislation in effect in the UK, the United States, India, Pakistan and Indonesia.

Indonesia: Poso 3 facing imminent execution

[Please note: long post]

Three Indonesian Catholics may be days -- or hours -- away from execution following the rejection of their second appeal by the Supreme Court last week.

Fabianus Tibo, 60, Dominggus da Silva, 42, and Marinus Riwu, 48, were sentenced to death in April 2001 for premeditated murder and inciting riots in the town of Poso, Central Sulawesi. They were convicted of orchestrating sectarian violence in May 2000, in which hundreds of Muslims were killed.

About 2,000 people are estimated to have died in clashes between Christians and Muslims on the island of Sulawesi between 1998 and 2001.

Catholic newsagency AsiaNews.it reports the three men were last week placed in isolation in the Palu prison in Central Sulawesi, in preparation for their execution.

AsiaNews reports the panel of five Supreme Court judges unanimously rejected the second appeal on 10 May, saying that now "there were no more legal venues available to the [the three prisoners'] defence team".

"Others responsible"
The men have denied planning the attacks and, on 1 February 2006, their lawyers announced they had new evidence demonstrating that 16 other men had masterminded the violence.

Their lawyers said the three men were key witnesses in the case and called for a fresh investigation into the attacks.

The men's supporters have claimed that the attacks were organised or supported by well-connected officials from the government, military and intelligence services.

Divided responses
Muslim organisations were reportedly divided in their response to the men's conviction and death sentences.

In early April, the Indonesian Ulema Council (MUI) and Nahdlatul Ulama (NU), the country's largest Muslim organization, called for a stay of execution until the men’s claims of innocence could be fully examined.

NU leader Ulama Masdar Farid Mas'udi warned that the execution of the three could inflame religious and ethnic divisions and revive the conflict.

Former president and Muslim leader Abdurrahman Wahid made several appeals for clemency, including signing a joint letter asking for a stay of execution, along with leaders from the Protestant, Catholic, Hindu, and Buddhist communities. The letter was sent to President Yudhoyono on 7 April.

Other religious leaders and human rights organisations have called for the death sentences to be delayed or overturned completely.

In contrast, several Muslim student groups in Central Sulawesi have called for the quick execution of the three Christians.

Hundreds of Muslims reportedly held a rally outside the Central Sulawesi Prosecutor's Office on 21 April, demanding that the men be executed immediately for their role in the riots.

Trial questions
Amnesty International has expressed its concern at "reports indicating that the trial of the three men in Palu District Court did not meet international standards of fairness".

The organisation said "witness testimony provided as evidence by the defence may have been ignored by the Court when giving its verdict". It said armed demonstrators had also reportedly gathered outside the courthouse demanding the three men be convicted, and this "intimidation may have affected the outcome of the trial".

Appeals exhausted
The three were sentenced to death in the Palu District Court in Central Sulawesi, and their sentences were upheld by the Central Sulawesi High Court and the Indonesian Supreme Court later in 2001.

In February 2006, Indonesian authorities were reportedly preparing to carry out the death sentences. The Central Sulawesi Prosecutor’s office was reported to have ordered three coffins and begun final preparations to execute the men.

The men exhausted all avenues of appeal when President Susilo Bambang Yudhoyono rejected their appeal for clemency on 10 November.

In April 2006, the Supreme Court agreed to conduct a second review of the case, but the Attorney General's Office said the review would not change the original death sentence. Spokesman Masyhudi Ridwan told The Jakarta Post that his office would not accept a new ruling by the Supreme Court, and it was "still preparing the execution, not delaying it".

Generating debate
The case has attracted widespread coverage in Indonesia, and generated an unprecedented level of discussion about the country's use of the death penalty.

For example, on 15 April The Jakarta Post published a column entitled "Death sentence not a solution but a problem", by Frans H. Winarta, a Jakarta-based human rights lawyer and member of the National Law Commission.

He wrote that "the concept of capital punishment as a deterrence must be eliminated if Indonesia wants to be considered a civilized society".

"Indonesia must not embrace the death penalty in its criminal justice system, not only because it is inhumane, but also because it runs counter to our Constitution. The right to life is guaranteed and protected by the Constitution, particularly as far as Article 28 is concerned. Therefore, the new Criminal Code should not adopt the death penalty."

In another high-profile capital case, Indonesian authorities are also preparing to execute three men convicted of organising the October 2002 Bali bombings.

Malaysia: Opposition to water pollution death sentences

Opponents of the death penalty in Malaysia have seriously questioned the practicality and effectiveness of government proposals to apply the death penalty for contaminating water.

The IPS newsagency reports that the death penalty provisions are part of a bill that "seeks to revamp the way water is managed in the country, transferring control of state water authorities and privatised firms to a single federal regulatory body".

IPS reports the new Water Services Industry Bill, which also provides for the death penalty for serious water contamination that results in loss of life, is due for a second reading in parliament this week.

It said the death penalty could apply to a person who contaminated the water supply with the intention of endangering lives or causing death, as well as to someone who contaminated the water supply with any substance that would be likely to endanger lives.

'Absurd' penalty
The IPS report said opponents of the law saw it as draconian, unworkable and ineffective in addressing the true causes of water pollution.

It quoted Charles Hector, a human rights lawyer and one of the coordinators of the campaign network Malaysians Against Death Penalty and Torture (MADPET). Mr Hector said: "Most of the time, the real offenders are likely to be companies and you can't hang the companies.

"So who would face the death penalty then -- the chairman of the board? All the directors? The general manager? The administrative officer? It's absurd," he said.

Hector told IPS there were already provisions in the penal code that covered an intention to kill.
IPS reports that more than half of Malaysia's rivers are polluted by "raw or partially treated sewage as well as industrial effluents, agricultural run-offs, waste from animal husbandry and land development, and municipal rubbish".

Opposition Parliamentarian Teresa Kok said she thought that, when the government framed the bill, it had in mind terrorists who might deliberately contaminate water sources.

In April, Amnesty International Malaysia condemned the death penalty provisions in the bill, saying the move was "bucking" the worldwide trend towards abolition of the death penalty. (See the ADP report here.)

Malaysia may execute water polluters

Amnesty International Malaysia has condemned the country's proposal to extend the death penalty to people found guilty of contaminating water sources.

In a statement issued on 20 April, AI Malaysia said the death penalty provisions in the government's proposed Water Industry Bill 2006 were "bucking" the worldwide trend towards abolition of the death penalty.

It said Malaysia was one of 74 countries which still imposes the death penalty. It is mandatory for crimes including murder, certain firearms offences and drug trafficking offences, and is a discretionary punishment for crimes linked to kidnapping, firearms and waging war. The majority of death sentences are carried out for drug trafficking.

Josef Roy Benedict, Executive Director of Amnesty International Malaysia, said however there were "encouraging signs of a renewal of debate on abolishing the death penalty in Malaysia" with the resolution passed by the Bar Council on 19 March calling for the death penalty to be abolished and for a moratorium on all executions.

Papua New Guinea: Ending its isolation?

Papua New Guinea's new Justice Minister is reportedly working towards the abolition of the death penalty, saying the police and justice departments could not provide evidence reliable enough to sentence someone to death.

According to a Post-Courier report quoted by Hawaii-based Pacific Magazine, Justice Minister Bire Kimisopa told a press conference in Port Moresby on 12 April that the country was not ready to impose the death penalty.

"Killing Papua New Guineans is out of my calendar, and I will work towards aborting the death penalty," Mr Kimisopa said.

Papua New Guinea has not executed anyone since it reintroduced the death penalty in 1991.

Unreliable evidence
The report said Papua New Guinea "was not in a position to impose the death penalty because the Police and Justice Departments cannot fully and clearly verify hard facts and evidences to support the death penalty against anyone on death row".

Mr Kimisopa said: "The police forensic (lab) does not have up-to-date equipment to prove a murder or rape, and finger print machines and other such machines to assist police in investigations are not that up-to-date to give accurate evidences to clearly and accurately prove someone guilty for a death penalty."

Mr Kimisopa said a submission on the death penalty from the constitutional law review committee was currently before Cabinet, although he did not say what the submission recommended.

Not importing the death penalty
Mr Kimisopa said he supported tougher action against serious crime, but it was not the right time for PNG to impose the death penalty.

"We cannot adopt the death penalty from other foreign countries given the cultural back grounds," Mr Kimisopa said.

In April 2004, Amnesty International reported that Papua New Guinea was studying the execution procedures used in Singapore -- the country believed to have the highest per capita execution rate in the world.

Amnesty International said in April 2004 that Papua New Guinea, the last independent South Pacific state contemplating executions, was "increasingly isolated" over the issue.

"Papua New Guinea stands alone in the Pacific in planning to enforce the death penalty," the organisation said. "All other states of the Pacific Islands Forum either no longer have laws providing for the death penalty or have stopped enforcing them, often decades ago.

"The application of the death penalty in Singapore is far from being a shining example worthy of emulation. Application of the death penalty in that country is shrouded in secrecy and execution rates are among the highest in the world. Papua New Guinea should focus instead on working with international donors towards a more effective system of fighting crime."

Amnesty International's April 2004 report "Papua New Guinea: The State as Killer?" is available here.

Bali 9 death sentence confirmed

The Denpasar High Court has rejected an appeal by Myuran Sukumaran, who was sentenced to death for organising the 'Bali 9' syndicate that attempted to smuggle 8.2 kilograms of heroin from Bali to Australia.

AAP reports that the court has also ordered a 'correction' in the case of co-accused Andrew Chan. It is not yet clear what the correction will mean in Chan's case, although AAP reports that Soedarto, a senior High Court judge who was one of the appeal judges for both cases, hinted it may only be a technical change in the judgement. The Sydney Morning Herald reports that legal sources say the death sentence is likely to stand.

Chan, 21, and Sukumaran, who turned 25 on 17 April, were sentenced to death in February by the Denpasar District Court.

They both appealed against their sentences, and six of the other seven members of the Bali 9 appealed against their life sentences.

The Sydney Morning Herald reports the appeal court decisions for Chan and Sukumaran would be formally handed down on Monday. The other six appeal decisions would be released later this week.

Following appeals to Bali's High Court, Sukumaran and Chan can appeal their sentences to Indonesia's Supreme Court in Jakarta.

20,000 waiting to be killed

Amnesty International says that "over 20,000 people on death row across the world are waiting to be killed by their own governments".

While this is a staggering figure, the organisation's annual worldwide survey of the death penalty, released this week, showed that -- once again -- the largest proportion of all executions in 2005 took place in just four countries.

Some 94 percent of all known executions were in China, Iran, Saudi Arabia and the USA. About 80 percent took place in China alone.

Amnesty International reports at least 2,148 people were executed in 22 countries last year. At least 5,186 people were sentenced to death in 53 countries.

It warned the true figures were certainly much higher, given the secrecy surrounding the use of the death penalty in many countries. Governments like China, Singapore and Viet Nam refuse to release official statistics on who they kill, some even classifying statistics and reporting on the death penalty as a 'state secret'.

Based on available public reports, Amnesty International estimates that China executed at least 1,770 people in 2005, and sentenced at least 3,900 people to death.

In February, Chinese legal scholar Liu Renwen said the country executes as many as 8,000 people each year, an estimate based on information from local officials and judges.

Abolition trend continues
Despite the large number of people on death row around the world, Amnesty International said the trend towards abolition of the death penalty continues to grow.

In 2005 the number of countries retaining the death penalty dropped for the fourth consecutive year, with Liberia and Mexico abolishing it completely. Over the last twenty years, the number of countries with the death penalty has halved.

Amnesty International's Secretary General Irene Khan said: "The death penalty is not a unique deterrent against crime. Instead of relying on the illusion of control given by the death penalty, governments must focus on developing effective measures against crime.

"As the world continues to turn away from the use of the death penalty, it is a glaring anomaly that China, Saudi Arabia, Iran and the USA stand out for their extreme use of this form of punishment as the 'top' executors in the world," she said.

Across Asia
Amnesty International's 2005 figures for the Asian region:

China
1,770+ executions
3,900+ death sentences

Iran
94+ executions
21+ death sentences

Pakistan
31 executions
241 death sentences

Viet Nam
21+ executions
65+ death sentences

Mongolia
8 executions
27 death sentences

Singapore
8 executions
1+ death sentences *

Bangladesh
3 executions
218 death sentences

Taiwan
3 executions
17 death sentences

Indonesia
2+ executions
10 death sentences

North Korea
1+ executions *
1+ death sentences

Japan
1 execution
11 death sentences

Source: Amnesty International, The Death Penalty in 2005

* 1+ means there was at least one execution/death sentence in 2005, although the exact number is not known.

Philippines: 1,000 death sentences overturned

The President of the Philippines has commuted the death sentences of about 1,000 convicts to life imprisonment.

President Gloria Macapagal-Arroyo announced on 15 April: "On the occasion of Easter, it is my honor to announce our policy to commute the death penalty to life imprisonment."

The move was welcomed by human rights activists and the Catholic Church, but it was criticised by anti-crime groups and political opponents who accused the embattled President of seeking the Church's approval. The Catholic Church, a vocal critic of President Arroyo, has been leading a campaign for the abolition of the death penalty.

'Not political'
A spokesman for the President said the decision was not based on political considerations.

Press Secretary Ignacio R. Bunye said in a statement on Monday: "The President is not seeking nor does she expect any political returns from her decision. In fact, she is taking the heavy flak for it."

"So let's leave politics out of this exercise of a lawful and legitimate exercise of presidential prerogative," he said.

"The President's decision came after deep contemplation and reflection in the field of Christian values. The people's power to forgive under both the Bible and the Constitution can change a nation for good, especially at these times that cry for compassion and reconciliation."

He said the administration understood the "deep hurt inflicted upon the families of the victims of heinous crimes, but the President believes that learning to forgive without compromising criminal justice would be a good start for the nation to move on".

Bunye said even hardened criminals should be given the chance to reform and transform themselves "even as we leave to Congress the final decision on whether or not the death penalty law should be abolished".

"In the meantime, we wish to assure the public that our anti-crime campaign will not relent to clean up the streets and ensure the peace and safety of all law-abiding citizens," he said.

Encouragement for abolition
The Catholic Bishops' Conference of the Philippines (CBCP) "hailed" the President's announcement, but reiterated its call for the government to abolish the death penalty in legislation.

CBCP President, Archbishop Angel Lagdameo, acknowledged the country was facing rising crime rates but said: "We believe that we should find another way of defending society that will obviate the need for the death penalty, which only brings out the worst in us all."

The Manila Standard Today reports that the President will now certify as urgent a bill to repeal the death penalty, so that debates can begin soon in both chambers of Congress.

According to the newspaper, Presidential chief of staff Michael Defensor said on Monday that the certification for the bill would be issued in a week.

Victoria criticises Singapore death penalty

Victoria's Premier Steve Bracks raised the death penalty in a meeting with Singaporean Prime Minister Lee Hsien Loong last night.

The Age newspaper reports Steve Bracks spoke out "strongly" against the death penalty in the meeting, after Melbourne man Nguyen Tuong Van was hanged for heroin smuggling on 2 December last year.

Mr Nguyen was executed despite a widespread campaign in Australia appealing for clemency, and appeals from parliamentarians including Victoria's Attorney-General Rob Hulls.

Mr Bracks reportedly told the Prime Minister that Victoria still held the view that clemency should have been granted to Mr Nguyen.

"We still obviously and quite rightly … have the view that it was wrong to have the death penalty for Nguyen. There were other ways of looking at clemency … It's a strong view that's held — and we'd like that taken into consideration (by the Singapore Government) in the future," Mr Bracks was quoted as saying before the meeting.

Mr Bracks defended comments at the time by Mr Hulls that the execution was "barbaric", but indicated the hanging had not interfered in trade between the two countries.

"I think Rob Hulls was reflecting what our Government's position was, and that is, we do not believe that the punishment was commensurate with the crime," Mr Bracks said. "Notwithstanding that, I don't believe it's had an impact on trade or investment … I think there is enough maturity on all sides to understand that we have this different position."

Bali bombers closer to execution

Indonesia may soon execute the three men given death sentences for organising the October 2002 Bali bombings. The attacks on the Sari Club and Paddy's Bar in Kuta killed 202 people, including 88 Australians.

Officials from the Attorney-General's Office (AGO) have visited the families of the three men to ask if they intended to seek clemency on behalf of their relatives.

Imam Samudra, Amrozi and his older brother Ali Ghufron (also known as Mukhlas) were sentenced to death in 2003 for their roles in the plot.

The men have said they would not ask the President for clemency but would answer only to God.

Xinhua reports that a spokesman for the Attorney-General's Office, Masyhudi Ridwan, said one of the families was not going to lodge an appeal.

"The family of Imam Samudra has confirmed they would not lodge a final appeal. But we still need confirmation from the families of Amrozi and Ali Ghufron."

According to Melbourne newspaper The Herald Sun, Mashudi Ridwan said the Indonesian Attorney-General was waiting on a report from Bali prosecutors about their meetings.

"If there is already certainty that they do not want to apply for clemency we will begin the process of the execution," he was quoted as saying.

The newspaper said lawyers for the three men said there was no legal barrier to the executions going ahead, but it was usual to wait until all avenues of appeal were exhausted.

The men could also apply for a judicial review of their convictions, on the grounds that they were convicted under anti-terrorism laws passed after the crime was committed.

In October 2005 Balinese protesters called for quick executions for the three, outraged at three further suicide bombings on the tourist island.

Following protests outside Bali's Kerobokan Prison the three were moved from Bali to a prison in Central Java.

China: Death penalty cases will soon be reviewed

China's Supreme People's Court (SPC) has established three new criminal tribunals to review death sentences handed down by provincial courts.

Xinhua newsagency reports that the tribunals commenced work on 1 April. It said they will begin by reviewing cases and giving opinions.

Chen Guangzhong, a consultant to the Supreme People's Court, told Xinhua the tribunals "do not yet formally have the right to review and make final decisions on death sentence cases".

Tribunal staff have been selected from regional courts across China and they are receiving a month of training in Beijing.

The Xinhua report, published on Gov.cn, the Chinese government's official web portal, said the move by the SPC to review death penalty cases "appears to be a response to many Chinese media reports in recent years, which exposed wrongful death penalty sentences, sparking public debate".

The report said: "Putting together brilliant judges to review death sentences is believed to be effective in preventing wrong convictions to better protect human rights."

South Korea death penalty hearing

South Korea's National Assembly held its first public hearing on the death penalty last week (Tuesday 4 April).

The Korea Times reports the hearing was held as government and opposition parties agreed to debate a bill replacing the death penalty with a non-commutable sentence of life imprisonment.

Tuesday's hearing was addressed by academics, lawyers, religious leaders and human rights activists, and included opponents of the death penalty as well as those in favour of retaining it as a punishment for serious crime.

Leaders of South Korea's religious community issued a statement calling on the National Assembly to pass the bill abolishing the death penalty.

The Union of Catholic Asian News (UCA News) reports that the statement was issued by the Pan-Religion Union for the Abolition of the Death Penalty, signed by leaders from the Catholic, Protestant and Buddhist communities.

The coalition of religious leaders is made up of members of Buddhist, Catholic, Chondo-gyo, Confucian, Protestant, Won Buddhist and Korean folk religions.

UCA News quoted the statement as saying: "It is a well-known fact that the death penalty has no impact on deterring the outbreak of crimes. If the government sticks to the penalty, it means that it gives up its duty to correct criminals."

It said the statement argued in favour of the proposed alternative of life imprisonment. "The life-sentence system can punish the criminals and give them a chance for true atonement and revival of their conscience."

In December 2004, 175 members of the National Assembly sponsored the Special Bill on Abolishing the Death Penalty. The National Assembly consists of 299 members in total.

The abolition bill has previously been stalled in the National Assembly's Legislation and Judiciary Committee (LJC). The LJC has to vote in favour of the bill before it is sent to the National Assembly for a final vote.

In February, the Ministry of Justice announced it was reviewing the death penalty and considering replacing executions with life imprisonment. The ministry has previously opposed moves to abolish the death penalty.

Amnesty International reports that at least 900 people have been executed in South Korea since its independence in 1948. The last executions were in December 1997 when 23 people were hanged.

Japan: Lonely wait for the noose

About a quarter of Japan’s death row prisoners receive no visitors and most spend their days locked alone in a small cell, according to a recent survey reported by Japanese online newspaper Asahi Shimbun.

The Japan Federation of Bar Associations surveyed all 79 inmates on death row whose sentences had been finalised by 11 January. Some 58 inmates responded: 54 men, 3 women and 1 anonymous response.

The survey was conducted with the support of the Justice Ministry.

It found that about 25 percent of prisoners said they received no visitors. One inmate last received a visitor 17 years ago. Many who receive visitors only have contact with their relatives or their lawyers.

Most spend their days locked in solitary confinement in small cells, containing a toilet and a basin. They have no contact with other prisoners, they bath alone and most exercise alone two or three times a week.

Seventy percent said the windows in their cells were covered by smoked glass or metal, and forty percent said sunshine did not reach their cells.

A bill currently before the Japanese Diet (parliament) would ease restrictions on visits to death row prisoners.

A recent report by The Los Angeles Times (see the ADP post here) painted a picture of prisoners waiting in their cells - some for decades - for the guards to come and take them to be hanged.

Take action on Indonesia

Amnesty International Australia has launched a new letter-writing action on the death penalty in Indonesia. The action is available here.

The action is encouraging people to write to Indonesia's Attorney General and the Minister for Justice and Human Rights, raising concerns about the death penalty in Indonesia and encouraging it to move towards abolition. The concerns include the fact that people are sentenced to death by a justice system beset by problems of police and judicial corruption, and there are serious doubts about its ability to deliver fair trials.

Amnesty International knows of 85 people under sentence of death, and it fears that more may soon be executed.

For readers outside Australia, please copy your letters to Indonesia's diplomatic representatives in your country.