In the past month, two Vietnamese-born western citizens have seen very different outcomes in appeals against their sentences for drug offences.
The legal charity Repreive announced in early April that UK citizen Le Manh Luong was granted clemency by President Nguyen Minh Triet.
Repreive led a high-profile campaign on behalf of Mr Luong, who was sentenced to death in November 2006.
He was convicted along with three Vietnamese defendants for trafficking 339 kilograms of heroin through Viet Nam to Hong Kong and China.
In contrast, in mid-March an appeal court increased to death the sentence given to Vietnamese-Australian Jasmine Luong, according to an AFP report.
Ms Luong was arrested in Tan Son Nhat airport in February 2007 with nearly 1.5 kilograms of heroin hidden in her luggage and shoes.
Prosecutors appealed against the original life sentence imposed in December 2007.
Clemency hope
She now has the right to appeal to the president for clemency, and the Sydney Morning Herald reported the Australian Prime Minister and Foreign Minister were expected to support an appeal.
The decision to grant clemency to Mr Luong should raise hopes that she would also be successful in having her death sentence overturned.
Five Australians have had their death sentences commuted in Viet Nam since 2003, in all five cases with the support of strong representations from the Australian government appealing for the sentences to be commuted.
Another Australian citizen, Tony Manh, is waiting for a response to his application for clemency, after an appeal court confirmed his death sentence in November 2007 for heroin trafficking.
'Debt forced decision'
According to the report by the Sydney Morning Herald, Ms Luong was expected to argue in her application for clemency that she agreed to carry the drugs to pay her estranged husband's gambling debts.
The newspaper said she claimed she was offered $US15,000 (AUD$16,620) by an unidentified man to carry the drugs to Sydney, and given $US4700 payment in advance.
Her two children were being cared for by relatives in Sydney.
'What is heroin?'
According to information released by Reprieve, Mr Luong suffered from brain damage after his house was bombed by a US B-52 bomber during the Viet Nam War.
The organisation said he suffered from clinical depression and displayed suicidal tendencies, and his lawyer believed the other defendants used him as a scapegoat, knowing of his mental health issues.
Mr Luong reportedly asked the court during his trial questions such as: "What is heroin?" and "What is a weapon?"
His niece and family spokesperson, Thanh Le, said in a Reprieve statement that "he will [now] have the horrific ankle and wrist shackles removed".
"My uncle’s death sentence has put an incredible strain on the family but we have been overwhelmed by the support for him," she said.
The fate of Mr Luong's Vietnamese co-defendants has not been reported.
Related stories:
Drug penalty violates international law -- 06 May, 2007
Viet Nam death penalty "not deterring drugs" -- 25 November, 2006
Another Australian spared in Viet Nam – 19 November, 2006
Viet Nam: Take action against the death penalty -- 24 June, 2006
To begin, good news in Viet Nam -- 18 February, 2006
Wednesday, 30 April 2008
Sunday, 20 April 2008
Judge backs harsh sentences: China
China's Chief Justice has said violent criminals should be severely punished, including with death sentences, marking a clear departure from his predecessor who encouraged a 'cautious' use of the death penalty.
President of the Supreme People's Court, Wang Shengjun, said during a court inspection in Guangdong province that tough sentences were necessary to ensure the public's sense of security.
"Courts at all levels should severely punish those violent criminals that seriously jeopardize public security, especially those involved in gangsters or organized crimes and terrorism," Wang said in a report by state-run newsagency Xinhua.
According to The Associated Press he added: "Where the law mandates the death sentence, the death sentence should be given."
Wang said crimes that involved terrorism, organised groups or violence, and crimes that "seriously threaten social order" should be dealt with especially harshly.
His remarks contrasted with the more measured approach of the previous Chief Justice, Xiao Yang, who in November 2006 urged the country's courts to use "extreme caution" when handing down death sentences and said every judgement should "stand the test of time".
"In cases where the judge has legal leeway to decide whether to order death, he should always choose not to do so," Xiao Yang said, according to a Xinhua report.
The death sentence should be reserved for only an "extremely small number" of serious offenders, he said.
Fewer, but necessary
A senior Chinese judge recently said more death sentences were overturned on appeal last year, but the death penalty was still needed in the country.
Huang Ermei, head of the Supreme People's Court criminal case chamber, said in March that the death penalty suited the country's current level of development and was needed to deter crime.
The Associated Press reported her comments were posted in an interview on the government China Peace Web site.
"Abolishing the death penalty is an international trend in punishment, but this trend cannot be divorced from a country's own conditions," Huang said.
"Currently our country does not have the conditions to abolish the death penalty and will not have those conditions for a considerable period of time."
She said the Supreme People's Court last year rejected 15 per cent of death sentences imposed by local courts.
The Beijing Morning Post said the verdicts were overturned "because facts surrounding initial convictions were unclear, evidence insufficient, punishment inappropriate, procedures illegal and other reasons".
Since 1 January 2007, all death sentences had to be reviewed by the Supreme People's Court before they could be carried out.
Huang said the death penalty was mostly applied for murder and other violent crimes, drug trafficking and crimes against social order, but it was also used for serious economic crimes and corruption.
The Chinese government again provided no meaningful statistics on the use of the death penalty, combining the number of death sentences with all custodial sentences over five years.
Related stories:
Party claims economic penalty 'prudent' -- 4 August, 2007
China: Courts claim fewer executions -- 31 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
President of the Supreme People's Court, Wang Shengjun, said during a court inspection in Guangdong province that tough sentences were necessary to ensure the public's sense of security.
"Courts at all levels should severely punish those violent criminals that seriously jeopardize public security, especially those involved in gangsters or organized crimes and terrorism," Wang said in a report by state-run newsagency Xinhua.
According to The Associated Press he added: "Where the law mandates the death sentence, the death sentence should be given."
Wang said crimes that involved terrorism, organised groups or violence, and crimes that "seriously threaten social order" should be dealt with especially harshly.
His remarks contrasted with the more measured approach of the previous Chief Justice, Xiao Yang, who in November 2006 urged the country's courts to use "extreme caution" when handing down death sentences and said every judgement should "stand the test of time".
"In cases where the judge has legal leeway to decide whether to order death, he should always choose not to do so," Xiao Yang said, according to a Xinhua report.
The death sentence should be reserved for only an "extremely small number" of serious offenders, he said.
Fewer, but necessary
A senior Chinese judge recently said more death sentences were overturned on appeal last year, but the death penalty was still needed in the country.
Huang Ermei, head of the Supreme People's Court criminal case chamber, said in March that the death penalty suited the country's current level of development and was needed to deter crime.
The Associated Press reported her comments were posted in an interview on the government China Peace Web site.
"Abolishing the death penalty is an international trend in punishment, but this trend cannot be divorced from a country's own conditions," Huang said.
"Currently our country does not have the conditions to abolish the death penalty and will not have those conditions for a considerable period of time."
She said the Supreme People's Court last year rejected 15 per cent of death sentences imposed by local courts.
The Beijing Morning Post said the verdicts were overturned "because facts surrounding initial convictions were unclear, evidence insufficient, punishment inappropriate, procedures illegal and other reasons".
Since 1 January 2007, all death sentences had to be reviewed by the Supreme People's Court before they could be carried out.
Huang said the death penalty was mostly applied for murder and other violent crimes, drug trafficking and crimes against social order, but it was also used for serious economic crimes and corruption.
The Chinese government again provided no meaningful statistics on the use of the death penalty, combining the number of death sentences with all custodial sentences over five years.
Related stories:
Party claims economic penalty 'prudent' -- 4 August, 2007
China: Courts claim fewer executions -- 31 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
Tuesday, 15 April 2008
Asia leads the world's known executions
Asian countries have once again lead the world's known executions, according to annual statistics released today by Amnesty International (AI).
The human rights organisation reported that during 2007, at least 1252 people were executed in 24 countries, and at least 3347 people were sentenced to death in 51 countries.
Ten countries accounted for 1205 of the known executions in the past year -- or 96 per cent of the global total.
Half of these ten countries are in Asia, between them accounting for 962 of known executions -- 77 per cent of the global total.
The top ten executioners included:
China 470+
Iran 317+
Pakistan 135+
Viet Nam 25+
Afghanistan 15
The statistics recorded a drop in the number of known executions in China, but sharp increases in the numbers recorded in Iran, Pakistan and Viet Nam.
China recorded a drop from more than 1010 known executions in 2006.
In Iran there were 177 executions counted in 2006, Pakistan 82 and Viet Nam 14.
AI estimated the global death row population was between 18,311 and 27,562 people at the end of 2007, based on the number of people thought to be condemned to death and awaiting execution.
Brutal secrets
These figures must be taken with caution, however, since they record only those executions that are publicly known.
For a penalty that is shrouded in such secrecy in many countries, the true number of executions each year is certainly significantly higher.
The AI report Death sentences and executions in 2007 highlighted China, Singapore, Malaysia and Mongolia as among the many countries that "carry out executions in secret and refuse to divulge any information on the use of the death penalty".
"The United Nations has repeatedly called for the death penalty only to be used in an open and transparent manner," AI said.
It said China was "the world's top executioner", classifying the death penalty as a state secret.
"As the world and Olympic guests are left guessing, only the Chinese authorities know exactly how many people have been killed with state authorization," AI said in a media release.
"The secretive use of the death penalty must stop: the veil of secrecy surrounding the death penalty must be lifted. Many governments claim that executions take place with public support. People therefore have a right to know what is being done in their name."
Asia's table
Amnesty International's 2007 figures for the Asian region:
Afghanistan
15 executions
death sentences
Bangladesh
6 executions
93 death sentences
China
470+ executions
1860+ death sentences
India
100+ death sentences
Indonesia
1+ executions
11+ death sentences
Iran
317+ executions
Unknown number of death sentences
Japan
9 executions
23 death sentences
Malaysia
12 death sentences
Mongolia
45 death sentences
North Korea
Unknown number of executions
Unknown number of death sentences
Pakistan
135+ executions
307+ death sentences
Papua New Guinea
3+ death sentences
Singapore
2 executions
2 death sentences
South Korea
2 death sentences
Sri Lanka
10+ death sentences
Taiwan
5 death sentences
Thailand
6+ death sentences
Viet Nam
25+ executions
83+ death sentences
AI said it was concerned that Mongolia and Malaysia may have executed people, but "due to the secretive nature of the use of the death penalty the organization was unable to obtain reliable information".
Related stories:
20,000 waiting to be killed – 23 April, 2006
The human rights organisation reported that during 2007, at least 1252 people were executed in 24 countries, and at least 3347 people were sentenced to death in 51 countries.
Ten countries accounted for 1205 of the known executions in the past year -- or 96 per cent of the global total.
Half of these ten countries are in Asia, between them accounting for 962 of known executions -- 77 per cent of the global total.
The top ten executioners included:
China 470+
Iran 317+
Pakistan 135+
Viet Nam 25+
Afghanistan 15
The statistics recorded a drop in the number of known executions in China, but sharp increases in the numbers recorded in Iran, Pakistan and Viet Nam.
China recorded a drop from more than 1010 known executions in 2006.
In Iran there were 177 executions counted in 2006, Pakistan 82 and Viet Nam 14.
AI estimated the global death row population was between 18,311 and 27,562 people at the end of 2007, based on the number of people thought to be condemned to death and awaiting execution.
Brutal secrets
These figures must be taken with caution, however, since they record only those executions that are publicly known.
For a penalty that is shrouded in such secrecy in many countries, the true number of executions each year is certainly significantly higher.
The AI report Death sentences and executions in 2007 highlighted China, Singapore, Malaysia and Mongolia as among the many countries that "carry out executions in secret and refuse to divulge any information on the use of the death penalty".
"The United Nations has repeatedly called for the death penalty only to be used in an open and transparent manner," AI said.
It said China was "the world's top executioner", classifying the death penalty as a state secret.
"As the world and Olympic guests are left guessing, only the Chinese authorities know exactly how many people have been killed with state authorization," AI said in a media release.
"The secretive use of the death penalty must stop: the veil of secrecy surrounding the death penalty must be lifted. Many governments claim that executions take place with public support. People therefore have a right to know what is being done in their name."
Asia's table
Amnesty International's 2007 figures for the Asian region:
Afghanistan
15 executions
death sentences
Bangladesh
6 executions
93 death sentences
China
470+ executions
1860+ death sentences
India
100+ death sentences
Indonesia
1+ executions
11+ death sentences
Iran
317+ executions
Unknown number of death sentences
Japan
9 executions
23 death sentences
Malaysia
12 death sentences
Mongolia
45 death sentences
North Korea
Unknown number of executions
Unknown number of death sentences
Pakistan
135+ executions
307+ death sentences
Papua New Guinea
3+ death sentences
Singapore
2 executions
2 death sentences
South Korea
2 death sentences
Sri Lanka
10+ death sentences
Taiwan
5 death sentences
Thailand
6+ death sentences
Viet Nam
25+ executions
83+ death sentences
AI said it was concerned that Mongolia and Malaysia may have executed people, but "due to the secretive nature of the use of the death penalty the organization was unable to obtain reliable information".
Related stories:
20,000 waiting to be killed – 23 April, 2006
Saturday, 12 April 2008
Executions in Japan -- 2006 - 2008
Note: This post has been updated here to the end of 2008.
Japan has executed 20 people since December 2006. All were hanged for crimes including murder.
Ten executions were approved by the current Justice Minister Kunio Hatoyama, who was appointed on 27 August 2007.
The other ten were executed in eleven months by his predecessor, Jinen Nagase, who was appointed Justice Minister on 26 September 2006. At the time he left office, it was the highest number of executions approved by any one justice minister since a moratorium on the death penalty was lifted in 1993.
The 20 executed were:
10 April 2008
Masahito Sakamoto, 41 (Tokyo)
Kaoru Okashita, 61 (Tokyo)
Katsuyoshi Nakamoto, 64 (Osaka)
Masaharu Nakamura, 61 (Osaka)
1 February 2008
Masahiko Matsubara, 63 (Osaka)
Takashi Mochida, 65 (Tokyo)
Keishi Nago, 37 (Fukuoka)
7 December 2007
Seiha Fujima, 47 (Tokyo)
Hiroki Fukawa, 42 (Tokyo)
Noboru Ikemoto, 75 (Osaka)
23 August, 2007
Hifumi Takezawa, 69 (Tokyo)
Yoshio Iwamoto, 63 (Tokyo)
Kozo Segawa, 60 (Nagoya)
27 April 2007
Kosaku Nata, 56 (Osaka)
Yoshikatsu Oda, 59 (Fukuoka)
Masahiro Tanaka, (also Miyashita), 42 (Tokyo)
25 December 2006
Yoshimitsu Akiyama, 77 (Tokyo)
Hiroaki Hidaka, 44 (Hiroshima)
Yoshio Fujinami, 75 (Tokyo)
Michio Fukuoka, 64 (Osaka)
Seiken Sugiura was Justice Minister from October 2005 - September 2005, when no executions were carried out as a result of his Buddhist religious beliefs.
The last execution prior to his appointment was reported to have been on 16 September 2005.
Japan has executed 20 people since December 2006. All were hanged for crimes including murder.
Ten executions were approved by the current Justice Minister Kunio Hatoyama, who was appointed on 27 August 2007.
The other ten were executed in eleven months by his predecessor, Jinen Nagase, who was appointed Justice Minister on 26 September 2006. At the time he left office, it was the highest number of executions approved by any one justice minister since a moratorium on the death penalty was lifted in 1993.
The 20 executed were:
10 April 2008
Masahito Sakamoto, 41 (Tokyo)
Kaoru Okashita, 61 (Tokyo)
Katsuyoshi Nakamoto, 64 (Osaka)
Masaharu Nakamura, 61 (Osaka)
1 February 2008
Masahiko Matsubara, 63 (Osaka)
Takashi Mochida, 65 (Tokyo)
Keishi Nago, 37 (Fukuoka)
7 December 2007
Seiha Fujima, 47 (Tokyo)
Hiroki Fukawa, 42 (Tokyo)
Noboru Ikemoto, 75 (Osaka)
23 August, 2007
Hifumi Takezawa, 69 (Tokyo)
Yoshio Iwamoto, 63 (Tokyo)
Kozo Segawa, 60 (Nagoya)
27 April 2007
Kosaku Nata, 56 (Osaka)
Yoshikatsu Oda, 59 (Fukuoka)
Masahiro Tanaka, (also Miyashita), 42 (Tokyo)
25 December 2006
Yoshimitsu Akiyama, 77 (Tokyo)
Hiroaki Hidaka, 44 (Hiroshima)
Yoshio Fujinami, 75 (Tokyo)
Michio Fukuoka, 64 (Osaka)
Seiken Sugiura was Justice Minister from October 2005 - September 2005, when no executions were carried out as a result of his Buddhist religious beliefs.
The last execution prior to his appointment was reported to have been on 16 September 2005.
Japan: Minister steps up rate of hangings
Japan hanged four death row prisoners on Thursday this week (10 April), marking a sharp increase in the rate of hangings in the past two years.
The latest executions bring to ten the number of death warrants approved by Justice Minister Kunio Hatoyama. He has approved in four months the same number of hangings his predecessor approved in 11 months.
The justice ministry confirmed the identity of the four men, only the third time it had done so. They were Katsuyoshi Nakamoto, 64, Masaharu Nakamura, 61, Masahito Sakamoto, 41, and Kaoru Okashita, 61.
Nakamoto and Nakamura were hanged in Osaka, and Sakamoto and Okashita in Tokyo.
The BBC online reported that Hatoyama dismissed concerns about the increase in executions.
"I have not paid any attention to the interval [since February's executions]," he told reporters.
"As justice minister, I am simply carrying out the demands of the law."
As well as the rate of executions increasing, it also appears the minister is moving to implement faster executions after a death sentence is confirmed, something he called for in September 2007.
The Asahi Shimbun newspaper reported three of the four men executed were hanged within four years of their death sentences being finalised. During the previous decade, the average wait was about eight years.
Human rights concern
Human rights organisation Amnesty International said it deeply regretted the latest executions, and expressed its alarm at the current rate of hangings.
The organisation's Japan chapter condemned the executions and questioned the guilt of three of the men hanged.
"It is unforgivable that the executions were again conducted secretly," said spokesperson Makoto Teranaka, according to a report by the AFP newsagency.
"Observing the current pace of executions, we can't help but predict a huge number of executions this year, which goes totally against the world trend of abolishing capital punishment and is a shame on Japan."
The organisation said two of the executed prisoners were acquitted in early trials, and a third continued to insist on his innocence. It said the fourth may have been mentally ill.
Concerns about the pace of executions were echoed in a statement issued by Amnesty International in London.
"We are extremely concerned about the increased number of executions,” the statement said.
"We call on the Japanese government to adopt an immediate moratorium on executions in accordance with last year's UN resolution."
The United Nations General Assembly adopted a resolution calling for a moratorium on executions as a step towards abolition, by a majority of 104 votes to 54.
A poet silenced
According to the AFP report, the four executed this week included a poet who wrote traditional poetry expressing remorse for the two murders for which he was convicted.
Kaoru Okashita, who also used the surname Akinaga, wrote traditional tanka poetry on death row.
The head of a tanka club who published Okashita's poetry said he regularly sent her poems and she had only just sent back the latest proof-read verse.
"He once told me he hoped to live until next year when our group's tanka anthology is published. But his wish wasn't realised," Keiko Mitsumoto said.
"His poetry was very, very gentle and even offered solace and encouragement to me. I could hardly believe he would commit murder.
"He said he feared the day would suddenly come when the footsteps of a guard would stop in front of his cell to announce his execution.
"He seemed prepared for that, though, along with not meeting those close to him for a final farewell."
Related stories:
Japan: Sixteen hanged in thirteen months -- 04 February, 2008
Japan finally names three executed -- 9 December, 2007
Minister wants ‘tranquil’ killing: Japan -- 29 October, 2007
Japan: New minister will approve hangings -- 4 September, 2007
Japan executed mentally ill man -- 26 August, 2007
Long wait, sudden death in Japan -- 28 August, 2006
The latest executions bring to ten the number of death warrants approved by Justice Minister Kunio Hatoyama. He has approved in four months the same number of hangings his predecessor approved in 11 months.
The justice ministry confirmed the identity of the four men, only the third time it had done so. They were Katsuyoshi Nakamoto, 64, Masaharu Nakamura, 61, Masahito Sakamoto, 41, and Kaoru Okashita, 61.
Nakamoto and Nakamura were hanged in Osaka, and Sakamoto and Okashita in Tokyo.
The BBC online reported that Hatoyama dismissed concerns about the increase in executions.
"I have not paid any attention to the interval [since February's executions]," he told reporters.
"As justice minister, I am simply carrying out the demands of the law."
As well as the rate of executions increasing, it also appears the minister is moving to implement faster executions after a death sentence is confirmed, something he called for in September 2007.
The Asahi Shimbun newspaper reported three of the four men executed were hanged within four years of their death sentences being finalised. During the previous decade, the average wait was about eight years.
Human rights concern
Human rights organisation Amnesty International said it deeply regretted the latest executions, and expressed its alarm at the current rate of hangings.
The organisation's Japan chapter condemned the executions and questioned the guilt of three of the men hanged.
"It is unforgivable that the executions were again conducted secretly," said spokesperson Makoto Teranaka, according to a report by the AFP newsagency.
"Observing the current pace of executions, we can't help but predict a huge number of executions this year, which goes totally against the world trend of abolishing capital punishment and is a shame on Japan."
The organisation said two of the executed prisoners were acquitted in early trials, and a third continued to insist on his innocence. It said the fourth may have been mentally ill.
Concerns about the pace of executions were echoed in a statement issued by Amnesty International in London.
"We are extremely concerned about the increased number of executions,” the statement said.
"We call on the Japanese government to adopt an immediate moratorium on executions in accordance with last year's UN resolution."
The United Nations General Assembly adopted a resolution calling for a moratorium on executions as a step towards abolition, by a majority of 104 votes to 54.
A poet silenced
According to the AFP report, the four executed this week included a poet who wrote traditional poetry expressing remorse for the two murders for which he was convicted.
Kaoru Okashita, who also used the surname Akinaga, wrote traditional tanka poetry on death row.
The head of a tanka club who published Okashita's poetry said he regularly sent her poems and she had only just sent back the latest proof-read verse.
"He once told me he hoped to live until next year when our group's tanka anthology is published. But his wish wasn't realised," Keiko Mitsumoto said.
"His poetry was very, very gentle and even offered solace and encouragement to me. I could hardly believe he would commit murder.
"He said he feared the day would suddenly come when the footsteps of a guard would stop in front of his cell to announce his execution.
"He seemed prepared for that, though, along with not meeting those close to him for a final farewell."
Related stories:
Japan: Sixteen hanged in thirteen months -- 04 February, 2008
Japan finally names three executed -- 9 December, 2007
Minister wants ‘tranquil’ killing: Japan -- 29 October, 2007
Japan: New minister will approve hangings -- 4 September, 2007
Japan executed mentally ill man -- 26 August, 2007
Long wait, sudden death in Japan -- 28 August, 2006
Wednesday, 9 April 2008
South Korea: Death penalty for child murders?
South Korean prosecutors will seek sentences of life imprisonment or the death penalty for people who have sexually assaulted and killed children under 13 years of age, according to an announcement by the Ministry of Justice in early April.
The Ministry presented the proposal to a Cabinet meeting following the sexual abuse and murder of two children in December and an attempted kidnapping in March.
"Such criminals who commit sexual assaults and murder after kidnapping children should be subject to stiff penalties such as life imprisonment or capital punishment,'' Prime Minister Han Seung-soo said after the meeting, according to The Korea Times.
"Crimes against children cannot be tolerated at all," he said.
"Ministries related to public security should map out measures against such inhumane crimes."
The Ministry has proposed other measures to combat a reported rise in sexual assaults on children. These include the creation of a DNA database to help monitor sex offenders and an increase in the minimum sentence for sex offences against children to seven years.
South Korea was declared abolitionist "in practice" on 30 December 2007, after it had not executed anyone for 10 years. It brought to 135 the number of countries that have abolished the death penalty in law or practice.
The Korea Times said in its editorial that the country needed stiffer prison sentences and improved medical treatment of paedophiles and other sex offenders.
In November 2007, the newspaper called for complete abolition of the death penalty, saying the National Assembly should deal with an abolition bill before it "as soon as possible".
"Human judgment isn't perfect. Once someone is executed, there is no way to reverse this even if the person is later found to be innocent," the newspaper said.
Related stories:
South Korea: 100 days for abolition -- 6 February, 2008
South Korea: Renewed calls for abolition -- 12 October, 2007
Call for South Korea to show 'leadership' -- 27 June , 2006
South Korea death penalty hearing -- 10 April, 2006
South Korea: Kim Dae-jung's call for abolition -- 6 March, 2006
South Korea – former president calls for abolition -- 27 February, 2006
The Ministry presented the proposal to a Cabinet meeting following the sexual abuse and murder of two children in December and an attempted kidnapping in March.
"Such criminals who commit sexual assaults and murder after kidnapping children should be subject to stiff penalties such as life imprisonment or capital punishment,'' Prime Minister Han Seung-soo said after the meeting, according to The Korea Times.
"Crimes against children cannot be tolerated at all," he said.
"Ministries related to public security should map out measures against such inhumane crimes."
The Ministry has proposed other measures to combat a reported rise in sexual assaults on children. These include the creation of a DNA database to help monitor sex offenders and an increase in the minimum sentence for sex offences against children to seven years.
South Korea was declared abolitionist "in practice" on 30 December 2007, after it had not executed anyone for 10 years. It brought to 135 the number of countries that have abolished the death penalty in law or practice.
The Korea Times said in its editorial that the country needed stiffer prison sentences and improved medical treatment of paedophiles and other sex offenders.
In November 2007, the newspaper called for complete abolition of the death penalty, saying the National Assembly should deal with an abolition bill before it "as soon as possible".
"Human judgment isn't perfect. Once someone is executed, there is no way to reverse this even if the person is later found to be innocent," the newspaper said.
Related stories:
South Korea: 100 days for abolition -- 6 February, 2008
South Korea: Renewed calls for abolition -- 12 October, 2007
Call for South Korea to show 'leadership' -- 27 June , 2006
South Korea death penalty hearing -- 10 April, 2006
South Korea: Kim Dae-jung's call for abolition -- 6 March, 2006
South Korea – former president calls for abolition -- 27 February, 2006
Thursday, 6 March 2008
Three of 'Bali 9' off death row: Indonesia
The death threat hanging over three Australians convicted of heroin smuggling has been overturned after a judicial review of their sentences, according to their Indonesian lawyers.
Australian newspapers reported today that Si Yi Chen, Tan Duc Thanh Nguyen and Matthew Norman were successful in their bid for the Supreme Court to overturn the decision that raised their punishment to the death penalty.
A different panel of Supreme Court judges imposed the death penalty on the three in September 2006.
The Australian reported the decision was made on 11 February, and a copy had since been sent to the Denpasar District Court, where the application for judicial review was heard.
Their Jakarta-based lawyer Farhat Abbas said it was the first time the Supreme Court had overturned a death sentence in a drugs case.
The Courier-Mail reported one of the judges said their youth, good character and remorse before the court were all factors in its decision to grant mercy.
The three men were part of a group of nine Australians convicted of attempting to smuggle 8.3 kilograms of heroin from Bali to Australia in April 2005.
Four of the group -- the so-called 'mules' -- were arrested at Denpasar Airport with the drugs strapped to their bodies. Chen, Nguyen and Norman were arrested at the Melasti Hotel, with 350 grams of heroin in a suitcase in their room. Andrew Chan and Myuran Sukumaran were arrested and charged with organising the conspiracy.
The decision leaves just three of the group on death row: Chan and Sukumaran, and Scott Rush, the only 'mule' now under sentence of death.
Cautious hope for Rush
Rush's father and his Australian lawyers said the decision offered hope he could successfully appeal his death sentence, although they were cautious about raising hopes at this stage.
His father Lee told the ABC that "there's an opportunity there, but we're dealing with the unknown".
"We've had them up before and you go down again. So we don't want to get our hopes up."
Colin McDonald, Rush's Darwin-based barrister, told Fairfax Media reporters the decision offered a "very valuable - and potentially very powerful - legal precedent to have his sentence downgraded to 20 years' jail".
He described his client as "a drug mule on the bottom of the hierarchy of drug importation crimes", saying Rush's co-accused who had played an identical role in the operation received either 20 years or life.
"From here, we are going to proceed cautiously and carefully in a long history of rollercoaster emotions and disappointments," he said.
He said "now, combined, all of the drug mules save Scott Rush have avoided the death penalty".
"It would be manifestly excessive, and now wrong, to allow the death sentence to stand."
Mr McDonald said Rush would make an application to the Supreme Court in the next three weeks.
Another of his Australian lawyers, John North, agreed Rush was "a unique position ... as being the only one of the airport couriers who has received the death sentence".
"And so we've always felt he's had a strong case. But it's good to see the Indonesian Supreme Court has recognised that the Melasti three don't deserve the death penalty," he said.
Relief
The decision reported today brings a measure of certainty for the three men, who have seen their original sentence of life in prison reduced on appeal to twenty years, then raised to the death penalty after a further appeal by prosecutors.
The Supreme Court sentenced them to death in September 2006, despite prosecutors only asking that the original life sentences be reinstated.
The three still face the daunting prospect of spending the rest of their lives in an Indonesian jail.
Related stories:
Indonesia: Right to life and execution -- 30 October, 2007
Bali 9 challenge may win and fail -- 03 June, 2007
Drug penalty violates international law -- 06 May, 2007
Australians appeal Bali death sentences -- 02 May, 2007
Firing squad for six of Bali nine -- 10 September, 2006
Bali 9 death sentence confirmed -- 26 April, 2006
Australian newspapers reported today that Si Yi Chen, Tan Duc Thanh Nguyen and Matthew Norman were successful in their bid for the Supreme Court to overturn the decision that raised their punishment to the death penalty.
A different panel of Supreme Court judges imposed the death penalty on the three in September 2006.
The Australian reported the decision was made on 11 February, and a copy had since been sent to the Denpasar District Court, where the application for judicial review was heard.
Their Jakarta-based lawyer Farhat Abbas said it was the first time the Supreme Court had overturned a death sentence in a drugs case.
The Courier-Mail reported one of the judges said their youth, good character and remorse before the court were all factors in its decision to grant mercy.
The three men were part of a group of nine Australians convicted of attempting to smuggle 8.3 kilograms of heroin from Bali to Australia in April 2005.
Four of the group -- the so-called 'mules' -- were arrested at Denpasar Airport with the drugs strapped to their bodies. Chen, Nguyen and Norman were arrested at the Melasti Hotel, with 350 grams of heroin in a suitcase in their room. Andrew Chan and Myuran Sukumaran were arrested and charged with organising the conspiracy.
The decision leaves just three of the group on death row: Chan and Sukumaran, and Scott Rush, the only 'mule' now under sentence of death.
Cautious hope for Rush
Rush's father and his Australian lawyers said the decision offered hope he could successfully appeal his death sentence, although they were cautious about raising hopes at this stage.
His father Lee told the ABC that "there's an opportunity there, but we're dealing with the unknown".
"We've had them up before and you go down again. So we don't want to get our hopes up."
Colin McDonald, Rush's Darwin-based barrister, told Fairfax Media reporters the decision offered a "very valuable - and potentially very powerful - legal precedent to have his sentence downgraded to 20 years' jail".
He described his client as "a drug mule on the bottom of the hierarchy of drug importation crimes", saying Rush's co-accused who had played an identical role in the operation received either 20 years or life.
"From here, we are going to proceed cautiously and carefully in a long history of rollercoaster emotions and disappointments," he said.
He said "now, combined, all of the drug mules save Scott Rush have avoided the death penalty".
"It would be manifestly excessive, and now wrong, to allow the death sentence to stand."
Mr McDonald said Rush would make an application to the Supreme Court in the next three weeks.
Another of his Australian lawyers, John North, agreed Rush was "a unique position ... as being the only one of the airport couriers who has received the death sentence".
"And so we've always felt he's had a strong case. But it's good to see the Indonesian Supreme Court has recognised that the Melasti three don't deserve the death penalty," he said.
Relief
The decision reported today brings a measure of certainty for the three men, who have seen their original sentence of life in prison reduced on appeal to twenty years, then raised to the death penalty after a further appeal by prosecutors.
The Supreme Court sentenced them to death in September 2006, despite prosecutors only asking that the original life sentences be reinstated.
The three still face the daunting prospect of spending the rest of their lives in an Indonesian jail.
Related stories:
Indonesia: Right to life and execution -- 30 October, 2007
Bali 9 challenge may win and fail -- 03 June, 2007
Drug penalty violates international law -- 06 May, 2007
Australians appeal Bali death sentences -- 02 May, 2007
Firing squad for six of Bali nine -- 10 September, 2006
Bali 9 death sentence confirmed -- 26 April, 2006
Wednesday, 27 February 2008
China’s deadly world record under attack
With five months to go until the Beijing Olympic Games, anti-death penalty campaigners are ramping up the pressure on the Chinese government - and ultimately the Olympic movement - to deliver on promises of human rights reform.
The World Coalition against the Death Penalty (WCADP) and the Anti Death Penalty Asia Network (ADPAN) today issued an open letter to the upcoming National People's Congress, urging it to ensure it "takes concrete steps towards the abolition of the death penalty in China".
The World Coalition is also encouraging people to sign a petition calling for an end to the secrecy surrounding China's use of the death penalty, and an immediate moratorium on executions.
Activists point to estimates of up to 8,000 executions in China last year, with thousands more sentenced to death by a substantially flawed justice system. The death penalty is applied to 68 offences in China, including non-violent economic and drug-related crimes.
The hidden world record
The open letter welcomes last year's restoration of Supreme Court review of all death sentences in China, and notes official claims there has been a corresponding significant drop in the number of executions.
"However, full national statistics on the application of the death penalty remain classified as a state secret in China," it says.
"It will only be possible for Chinese scholars and other independent observers to assess the impact of this reform if China publishes these statistics in full."
The letter urges the National People's Congress to amend state secrets laws at this session to allow the release of death penalty related information. It says this is needed both to allow debate about the death penalty and to provide "procedural openness" in individual capital cases.
The secrecy surrounding individual cases, and problems for lawyers and families gaining access to suspects, is "of particular concern given the widespread use of torture or ill-treatment by police in China to obtain 'confessions' from suspects".
"As has been proven in China on several occasions in the past, hasty and unfair trials are likely to lead to miscarriages of justice, with innocent persons being executed for crimes they have not committed."
Flawed trials before death
Amnesty International reports in its campaign brochure, Legacy of the Beijing Olympics: Issues and facts, that China's justice system cannot guarantee a fair trial before a person is given the ultimate irreversible punishment of execution.
"No one who is sentenced to death in China receives a fair trial in accordance with international human rights standards," the brochure says.
"Failings include: lack of prompt access to lawyers, lack of presumption of innocence, political interference in the judiciary and failure to exclude evidence extracted under torture."
It says a number of cases recently reported in the Chinese press, including the case of Nie Shubin, "reveal that innocent people have been put to death in China due to such shortcomings in the system".
Amnesty International welcomes the restoration of Supreme Court review, but says "there is still concern that it would not expose serious human rights violations, such as torture to extract confessions, if evidence of such abuses had not been introduced during an earlier trial".
Race for money or dignity?
Human rights organisations have also continued their campaign for the government of China and the International Olympic Committee to show how they will meet their promises that awarding the games to Beijing will contribute to improvements in human rights.
In its brochure Legacy of the Beijing Olympics: China’s Choice, Amnesty International points out that in effect the Olympic movement claims to be a human rights movement.
"Olympism seeks to create a way of life based on the joy found in effort, the educational value of good example and respect for universal fundamental ethical principles." (Olympic Charter, Fundamental Principles of Olympism, paragraph 1)
Amnesty International says if "grave human rights violations are not being sufficiently addressed as part of the preparations for the Games, the International Olympic Committee is compelled to take action".
The brochure says Chinese authorities declared during their campaign to secure the games that "the human rights situation in China would improve if Beijing were chosen to host the games".
It quotes Wang Wei, Secretary General of the Beijing 2008 Olympic Games Bid Committee, as saying: "We are confident that the Games coming to China not only promotes our economy but also enhances all social conditions, including education, health and human rights."
Similarly, Mayor of Beijing Liu Qi, said in 2001: "[The Olympic Games] will help promote all economic and social projects and will also benefit the further development of our human rights cause."
Chinese authorities now have "a unique opportunity to honour the pledges they made to advance human rights if awarded host nation of the 2008 Summer Olympics".
"China’s international human rights commitments, as well as the spirit of Olympism which assert that “the practice of sport is a human right”, and avow respect for “universal fundamental ethical principles”, suggest that respect for human rights lies at the heart of the Olympic movement," the brochure says.
The World Coalition against the Death Penalty said it "would like to believe that the reforms to which the Chinese Government is pledged are not just a pre-Olympics PR operation".
"A country like China, which steadfastly likes to think that it is on the road to modernity and says that it is committed to the rule of law, is duty-bound to apply these commitments throughout the country."
One world, different dream
China, which is promoting the games under the slogan of "One World One Dream", is seriously out of step with the worldwide trend towards limiting and abolishing the use of the death penalty.
The country executes more people each year than the rest of the world combined, and was among the minority of countries that voted against a resolution calling for a United Nations moratorium on executions, passed by the UN General Assembly on 18 December 2007.
The World Coalition open letter was co-signed by 74 organisations from Europe, Africa, Asia, the Middle East and the Americas.
The signed petition will be delivered to Chinese authorities before the Olympic Games begin.
Related stories:
AI condemns China's expanded lethal injection -- 5 January, 2008
Party claims economic penalty 'prudent' -- 4 August, 2007
China: Courts claim fewer executions -- 31 July, 2007
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
Monday, 25 February 2008
Bali executions will inspire martyrs: expert
A leading expert on Islamist terrorist networks said the execution of the Bali bombers will inspire the next generation of terrorist "martyrs" and help spread the extremist cause.
Rohan Guaratna called instead for a longer-term approach to containing and dismantling terrorist influence, one which combines a "strategic fight for peace" with an integrated strategy to counter the threat of ideologically inspired violence.
Amrozi bin Nurhasyim, Imam Samudra and Mukhlas (also known as Ali Ghufron) were sentenced to death for the October 2002 bombing on Bali, which killed 202 people and injured a further 200.
Despite repeated claims by the three that they won't appeal their convictions and they welcome martyrdom by firing squad, their lawyers last month successfully applied for a second judicial review of their cases.
The reviews, which began hearings in Denpasar District Court today, could delay their deaths by several months.
Repentance, jihad and conspiracies
Dr Gunaratna wrote on the website of Australia's ABC broadcaster in December 2007 that most of the 30 people convicted of a role in the bombing conspiracy had since "repented and expressed remorse".
But Amrozi, Imam Samudra and Mukhlas continued to defend their actions as a religious duty of Muslims to wage jihad.
"The executed bombers will be seen as martyrs or 'shahid' by some of the Islamists and most of the jihadists," he wrote.
"They will be congratulated by like minded individuals and groups. Instead of being angry, JI and other Jihadist groups will seek revenge."
He said most Indonesian jihadists believed the United States was driving the decision to execute the men.
"Most Indonesian jihadists believe in conspiracy theory that the US is guiding Indonesia's decision to execute them. They contend that even the Indonesian court system is under US pressure.
"Within the Jihadist and Islamist communities, such propaganda has generated sympathy and support for the Bali bombers. As such, the execution of Bali bombers could trigger more support for Muslim extremism and terrorism in Indonesia."
Their execution would "send an unequivocal message that terrorism will not be tolerated", and would deter "a segment of the Islamists and Jihadists".
But it would also "inspire [a] small segment of Islamists and Jihadists to become the next generation of martyrs," he said.
Isolation, not execution
Dr Gunaratna was critical of the conditions the condemned prisoners have been held in, which allowed them to radicalise fellow detainees and distribute jihadist propaganda beyond the prison walls.
But that did not mean they should therefore be executed.
"Ideally, the strategy for managing terrorists that have killed men, women and children is not to execute them. It is for government to seek life imprisonment and enlist their cooperation and collaboration to generate the intelligence required to dismantle the existing and emerging terrorist networks.
"If uncooperative, they must be held in isolation for 23 of the 24 hours of the day.
"The prison should never be allowed to serve as a venue for jihadists to educate each other, recruit and train criminals, and produce literature that justify and inspire others to kill.
"Like a school, every prison should become a centre to plant the seeds of peace in the minds of the misguided and the unfortunate."
Only "strategic vision" ends terrorism
Rather than executing unrepentant terrorists, Dr Gunaratna said a "long term, strategic, and a visionary approach" was now needed.
"It is only then that the real fight against extremism and its by-product terrorism will begin," he said.
"To end terrorism, the strategic fight for peace has not yet started."
Related stories:
Bali bombers may soon get their wish -- 10 November, 2007
Bali: Execution closer for bombing leaders -- 09 October, 2007
Bali bombers lodge appeals -- 08 December, 2006
Execution delay for Bali bombers -- 21 August, 2006
Bali bombers closer to execution -- 11 April, 2006
Rohan Guaratna called instead for a longer-term approach to containing and dismantling terrorist influence, one which combines a "strategic fight for peace" with an integrated strategy to counter the threat of ideologically inspired violence.
Amrozi bin Nurhasyim, Imam Samudra and Mukhlas (also known as Ali Ghufron) were sentenced to death for the October 2002 bombing on Bali, which killed 202 people and injured a further 200.
Despite repeated claims by the three that they won't appeal their convictions and they welcome martyrdom by firing squad, their lawyers last month successfully applied for a second judicial review of their cases.
The reviews, which began hearings in Denpasar District Court today, could delay their deaths by several months.
Repentance, jihad and conspiracies
Dr Gunaratna wrote on the website of Australia's ABC broadcaster in December 2007 that most of the 30 people convicted of a role in the bombing conspiracy had since "repented and expressed remorse".
But Amrozi, Imam Samudra and Mukhlas continued to defend their actions as a religious duty of Muslims to wage jihad.
"The executed bombers will be seen as martyrs or 'shahid' by some of the Islamists and most of the jihadists," he wrote.
"They will be congratulated by like minded individuals and groups. Instead of being angry, JI and other Jihadist groups will seek revenge."
He said most Indonesian jihadists believed the United States was driving the decision to execute the men.
"Most Indonesian jihadists believe in conspiracy theory that the US is guiding Indonesia's decision to execute them. They contend that even the Indonesian court system is under US pressure.
"Within the Jihadist and Islamist communities, such propaganda has generated sympathy and support for the Bali bombers. As such, the execution of Bali bombers could trigger more support for Muslim extremism and terrorism in Indonesia."
Their execution would "send an unequivocal message that terrorism will not be tolerated", and would deter "a segment of the Islamists and Jihadists".
But it would also "inspire [a] small segment of Islamists and Jihadists to become the next generation of martyrs," he said.
Isolation, not execution
Dr Gunaratna was critical of the conditions the condemned prisoners have been held in, which allowed them to radicalise fellow detainees and distribute jihadist propaganda beyond the prison walls.
But that did not mean they should therefore be executed.
"Ideally, the strategy for managing terrorists that have killed men, women and children is not to execute them. It is for government to seek life imprisonment and enlist their cooperation and collaboration to generate the intelligence required to dismantle the existing and emerging terrorist networks.
"If uncooperative, they must be held in isolation for 23 of the 24 hours of the day.
"The prison should never be allowed to serve as a venue for jihadists to educate each other, recruit and train criminals, and produce literature that justify and inspire others to kill.
"Like a school, every prison should become a centre to plant the seeds of peace in the minds of the misguided and the unfortunate."
Only "strategic vision" ends terrorism
Rather than executing unrepentant terrorists, Dr Gunaratna said a "long term, strategic, and a visionary approach" was now needed.
"It is only then that the real fight against extremism and its by-product terrorism will begin," he said.
"To end terrorism, the strategic fight for peace has not yet started."
Related stories:
Bali bombers may soon get their wish -- 10 November, 2007
Bali: Execution closer for bombing leaders -- 09 October, 2007
Bali bombers lodge appeals -- 08 December, 2006
Execution delay for Bali bombers -- 21 August, 2006
Bali bombers closer to execution -- 11 April, 2006
Tuesday, 12 February 2008
Life Watch to save Taiwan's innocent from death
The Taiwan Alliance to End the Death Penalty (TAEDP) has launched the "Life Watch" project in an effort to prevent the execution of innocent people, according to The Taipei Times.
The organisation has called on individuals and members of the public to join the project, which was inspired by the Innocence Project in the USA, to scrutinise the convictions of people sentenced to death.
TAEDP said if US research was applied in Taiwan, about 34 people could have been wrongly executed between 1955 and 1992.
US figures suggested the courts have reached an incorrect verdict in 7 per cent of cases where the death penalty was imposed.
Research published by Taiwan's Cabinet-level Research, Development and Evaluation Commission (RDEC) in 1994 showed a total of 482 Taiwanese prisoners were executed in 1955-1992.
The Taipei Times said the "RDEC publication shows that most of the 482 executed persons were drawn from the lower-ranks of society, being unemployed or low-income workers, poorly educated, or young, first-time offenders".
The Life Watch project is co-sponsored by human rights, legal reform and religious organisations.
Related stories:
Taiwan 'improving' but call for abolition -- 11 October, 2007
Torment on Taiwan's death row -- 15 May, 2007
Taiwan limits mandatory penalties -- 29 January, 2007
Abolition debate for Taiwan in 2007 -- 12 January, 2007
Taiwan: Death penalty benefit an 'illusion' -- 14 December, 2006
Taiwan working towards abolition? -- 21 February, 2006
The organisation has called on individuals and members of the public to join the project, which was inspired by the Innocence Project in the USA, to scrutinise the convictions of people sentenced to death.
TAEDP said if US research was applied in Taiwan, about 34 people could have been wrongly executed between 1955 and 1992.
US figures suggested the courts have reached an incorrect verdict in 7 per cent of cases where the death penalty was imposed.
Research published by Taiwan's Cabinet-level Research, Development and Evaluation Commission (RDEC) in 1994 showed a total of 482 Taiwanese prisoners were executed in 1955-1992.
The Taipei Times said the "RDEC publication shows that most of the 482 executed persons were drawn from the lower-ranks of society, being unemployed or low-income workers, poorly educated, or young, first-time offenders".
The Life Watch project is co-sponsored by human rights, legal reform and religious organisations.
Related stories:
Taiwan 'improving' but call for abolition -- 11 October, 2007
Torment on Taiwan's death row -- 15 May, 2007
Taiwan limits mandatory penalties -- 29 January, 2007
Abolition debate for Taiwan in 2007 -- 12 January, 2007
Taiwan: Death penalty benefit an 'illusion' -- 14 December, 2006
Taiwan working towards abolition? -- 21 February, 2006
Wednesday, 6 February 2008
South Korea: 100 days for abolition
Amnesty International considers a country to have abolished the death penalty "in practice" if it has not executed anyone in the previous 10 years, and it is "believed to have a policy or established practice of not carrying out executions". The organisation also includes in this group those countries which have made an international commitment not to use the death penalty.
South Korea was declared abolitionist in practice on 30 December 2007, bringing to to 135 the number of countries that have abolished the death penalty in law or practice. Some 27 of these are from Asia and the Pacific.
To celebrate this milestone, Amnesty International South Korea joined a coalition of 20 human rights organisations in a series of events for the 100 Days Against the Death Penalty campaign, run from 22 September to 30 December.
The campaign was designed both to celebrate 10 years since the last executions were carried out in South Korea, and to reinvigorate the campaign to abolish the death penalty in law.
It included the Life is Precious film festival, a press conference for the World Day against the Death Penalty (10 October), presentation of a thank you letter to former president Kim Dae-Jung, and a concert and public statement for 30 December.
Kim Dae-Jung, himself a former death row inmate sentenced to die on trumped up political charges, began the country's practice of not carrying out executions when he took office in 1988. In February 2006, he issued a statement arguing for the abolition of the death penalty.
Presentation of a letter of thanks to former president Kim Dae-Jung (23 November, 2007):
South Korea was declared abolitionist in practice on 30 December 2007, bringing to to 135 the number of countries that have abolished the death penalty in law or practice. Some 27 of these are from Asia and the Pacific.
To celebrate this milestone, Amnesty International South Korea joined a coalition of 20 human rights organisations in a series of events for the 100 Days Against the Death Penalty campaign, run from 22 September to 30 December.
The campaign was designed both to celebrate 10 years since the last executions were carried out in South Korea, and to reinvigorate the campaign to abolish the death penalty in law.
It included the Life is Precious film festival, a press conference for the World Day against the Death Penalty (10 October), presentation of a thank you letter to former president Kim Dae-Jung, and a concert and public statement for 30 December.
Kim Dae-Jung, himself a former death row inmate sentenced to die on trumped up political charges, began the country's practice of not carrying out executions when he took office in 1988. In February 2006, he issued a statement arguing for the abolition of the death penalty.
Presentation of a letter of thanks to former president Kim Dae-Jung (23 November, 2007):
AI Korea youth group performing at the press conference for the World Day Against the Death Penalty:
Petition of faces calling for the abolition of the death penalty in law:
Ceremony marking 10 years without executions. Following the ceremony in front of the National Assembly building, 64 roses were handed to passers-by and 64 doves were released - symbolising the 64 people then on death row:
A member of Amnesty International South Korea reported that the country's president decided at 10 o'clock that night to commute the death sentences of six death row prisoners, reducing the number of people under sentence of death to 58.
One brutal day, 10 years ago
The last executions in South Korea were on 30 December 1997, when 18 men and 5 women were executed in prisons across the country. They had no advance notice of their imminent executions. The mass hangings were the first executions in the country for two years.
Related stories:
South Korea: Renewed calls for abolition -- 12 October, 2007
Call for South Korea to show 'leadership' -- 27 June , 2006
South Korea death penalty hearing -- 10 April, 2006
South Korea: Kim Dae-jung's call for abolition -- 6 March, 2006
South Korea – former president calls for abolition -- 27 February, 2006
Monday, 4 February 2008
Japan: Sixteen hanged in thirteen months
Japan hanged three men on Friday (1 February), bringing to 16 the number of people executed in the last 13 months.
Human rights organisations, members of parliament and lawyers condemned the execution of Masahiko Matsubara, 63, Takashi Mochida, 65, and Keishi Nago, 37. They were hanged in Osaka, Tokyo and Fukuoka.
For only the second time, the justice ministry confirmed the mens' names in a public statement.
Justice Minister Kunio Hatoyama has approved a total of six hangings since he took office in August 2007. Three men, including a 75 year-old man, were hanged on 7 December after he signed their execution orders.
His predecessor, Jinen Nagase, approved ten hangings in his eleven months in office, the highest number of executions approved by any one justice minister since a moratorium on the death penalty was lifted in 1993.
Hatoyama, who has examined proposals to streamline executions, stressed the orderly nature of the country's death penalty system.
"We have considered a variety of factors so that we can carry out executions in a methodical manner, rather than thinking about the intervals and the timing," AFP quoted him as telling reporters.
"For the victims and their families, all the cases caused incomparable sorrow. I made the orders upon careful consideration," he said.
Amnesty International strongly condemned the executions, highlighting that Japan was "conspicuously the only country with a fully operational death penalty system" among major industrialized countries.
Planned executions in the US are currently blocked until the Supreme Court rules on whether they can be carried out by lethal injection.
"The Japanese government has shown its disregard for both the universal protection of human rights and the clear international trend to move away from using the death penalty," said Tim Parritt, Deputy Director of Amnesty International's Asia Pacific Programme.
According to Amnesty International, at least 23 cases carrying the death sentence were confirmed by the courts in Japan last year, the highest number since 1962.
Related stories:
Japan finally names three executed -- 9 December, 2007
Minister wants ‘tranquil’ killing: Japan -- 29 October, 2007
Japan: New minister will approve hangings -- 4 September, 2007
Japan executed mentally ill man -- 26 August, 2007
Japan: Lawyers condemn three more executions -- 24 August, 2007
Urgent move to stop executions in Japan -- 8 August, 2007
Long wait, sudden death in Japan -- 28 August, 2006
Human rights organisations, members of parliament and lawyers condemned the execution of Masahiko Matsubara, 63, Takashi Mochida, 65, and Keishi Nago, 37. They were hanged in Osaka, Tokyo and Fukuoka.
For only the second time, the justice ministry confirmed the mens' names in a public statement.
Justice Minister Kunio Hatoyama has approved a total of six hangings since he took office in August 2007. Three men, including a 75 year-old man, were hanged on 7 December after he signed their execution orders.
His predecessor, Jinen Nagase, approved ten hangings in his eleven months in office, the highest number of executions approved by any one justice minister since a moratorium on the death penalty was lifted in 1993.
Hatoyama, who has examined proposals to streamline executions, stressed the orderly nature of the country's death penalty system.
"We have considered a variety of factors so that we can carry out executions in a methodical manner, rather than thinking about the intervals and the timing," AFP quoted him as telling reporters.
"For the victims and their families, all the cases caused incomparable sorrow. I made the orders upon careful consideration," he said.
Amnesty International strongly condemned the executions, highlighting that Japan was "conspicuously the only country with a fully operational death penalty system" among major industrialized countries.
Planned executions in the US are currently blocked until the Supreme Court rules on whether they can be carried out by lethal injection.
"The Japanese government has shown its disregard for both the universal protection of human rights and the clear international trend to move away from using the death penalty," said Tim Parritt, Deputy Director of Amnesty International's Asia Pacific Programme.
According to Amnesty International, at least 23 cases carrying the death sentence were confirmed by the courts in Japan last year, the highest number since 1962.
Related stories:
Japan finally names three executed -- 9 December, 2007
Minister wants ‘tranquil’ killing: Japan -- 29 October, 2007
Japan: New minister will approve hangings -- 4 September, 2007
Japan executed mentally ill man -- 26 August, 2007
Japan: Lawyers condemn three more executions -- 24 August, 2007
Urgent move to stop executions in Japan -- 8 August, 2007
Long wait, sudden death in Japan -- 28 August, 2006
Saturday, 26 January 2008
Tochi in Singapore: "the burden thus shifted"
This post was originally written for the excellent historical blog Executed Today.
On this day one year ago, a promising young Nigerian soccer player was taken from his cell in Singapore's Changi Prison. It was dawn on a Friday morning, execution time in a country that has come to be known for its uncompromising use of the death penalty.
Iwuchukwu Amara Tochi, 21, and his co-accused Okele Nelson Malachy, 35, were hanged one after the other in the prison's death chamber. Tochi's lawyers had been informed he would die that morning, but it had not been announced that Malachy would also hang.
Later that day the Central Narcotics Bureau (CNB), Singapore's "primary drug enforcement agency", issued a 138 word statement. With the terse formality that is common to statements by Singapore's criminal justice authorities, it noted:
Tochi was arrested at Changi Airport on 28 November 2004, in possession of 100 capsules of diamorphine, or 727.02g of high grade heroin, which the CNB claimed was worth "about $1.5 million". He said in a later interview that he had arrived in the country expecting to be met by an African man named Mr Marshall.
He did not have enough money to clear immigration, and an airport hotel called the police when he attempted to take a room. Malachy was identified as his contact after flying in from Indonesia, although he strenuously denied any connection with the drugs.
Tochi claimed he was carrying the package for a man named Mr Smith, who had befriended him at Sunday services at St Andrew's Church in Islamabad, Pakistan. He had become stranded in Pakistan while attempting to travel to Dubai, where he hoped to play soccer professionally. As a boy, he represented Nigeria in soccer tournaments, travelling to Senegal when he was 14 to play in a West African youth Championship.
According to Tochi, Mr Smith asked him to take a package of herbs to a sick friend in Singapore, saying he could then apply to play for Singapore soccer clubs. He agreed, and was given a ticket and $200 in cash.
'No direct evidence': none needed
Many sites on the web have quoted the trial judge's acknowledgement that there was no proof that Tochi knew he was carrying heroin:
But the prosecution didn't have to prove Tochi knew; it was up to him to prove that he didn't know what was in the capsules. If he couldn't prove his ignorance of that fact -- a challenging philosophical notion in itself -- then the law would presume he knew, and therefore convict him of drug trafficking. Under section 18(2) of Singapore's Misuse of Drugs Act:
The Misuse of Drugs Act reverses many principles that are taken as central to a fair trial, including the burden of proof and the idea that a court should consider the facts of the case before deciding a penalty.
Amnesty International reports that the Act contains a series of presumptions that:
Possession of relatively small amounts of drugs -- by the standards of many countries -- is classed as "trafficking" in that drug. Trafficking in that drug carries a mandatory death penalty. Courts have no power to consider the individual circumstances of the case.
Death for drugs
Famously described as "Disneyland with the death penalty" by novelist William Gibson, Singapore brings together a record of social order and strict political control, and an unwavering use of the death penalty, particularly for drug-related offences.
No surprises then that Tochi was convicted of drug trafficking and sentenced to death in December 2005. His appeal was rejected in March 2006, with the judge pausing only to note that the accused had to prove he didn't know what was in the bag:
Seven months before Tochi's execution, his brother Uzonna told a reporter from IPS News he had not told their parents that their son, who once supported the family, was now on death row.
"My poor parents will die if they hear that a child who has worked so hard to sustain them is facing a death sentence," he said.
Tochi was hanged in the face of widespread international protest: legal efforts and a presidential appeal in Nigeria, urgent global appeals from Amnesty International activists, intervention from a United Nations human rights expert, and discreet but unequivocal opposition from a small group of human rights activists within Singapore itself.
Reflecting the colonial origins of the country's modern death penalty, Tochi was "hanged by the neck till he [was] dead", in the words of Singapore's Criminal Procedure Code. The same British legal phrase was taken with the empire to, among other countries, the United States, India, Pakistan, Brunei and Malaysia.
Mr Smith has not been found.
On this day one year ago, a promising young Nigerian soccer player was taken from his cell in Singapore's Changi Prison. It was dawn on a Friday morning, execution time in a country that has come to be known for its uncompromising use of the death penalty.
Iwuchukwu Amara Tochi, 21, and his co-accused Okele Nelson Malachy, 35, were hanged one after the other in the prison's death chamber. Tochi's lawyers had been informed he would die that morning, but it had not been announced that Malachy would also hang.
Later that day the Central Narcotics Bureau (CNB), Singapore's "primary drug enforcement agency", issued a 138 word statement. With the terse formality that is common to statements by Singapore's criminal justice authorities, it noted:
The appeals of both Tochi and Malachy to the Court of Appeal and to the President for clemency have been turned down. Their sentences were carried out this morning at Changi Prison.Waiting for Mr Marshall
Tochi was arrested at Changi Airport on 28 November 2004, in possession of 100 capsules of diamorphine, or 727.02g of high grade heroin, which the CNB claimed was worth "about $1.5 million". He said in a later interview that he had arrived in the country expecting to be met by an African man named Mr Marshall.
He did not have enough money to clear immigration, and an airport hotel called the police when he attempted to take a room. Malachy was identified as his contact after flying in from Indonesia, although he strenuously denied any connection with the drugs.
Tochi claimed he was carrying the package for a man named Mr Smith, who had befriended him at Sunday services at St Andrew's Church in Islamabad, Pakistan. He had become stranded in Pakistan while attempting to travel to Dubai, where he hoped to play soccer professionally. As a boy, he represented Nigeria in soccer tournaments, travelling to Senegal when he was 14 to play in a West African youth Championship.
According to Tochi, Mr Smith asked him to take a package of herbs to a sick friend in Singapore, saying he could then apply to play for Singapore soccer clubs. He agreed, and was given a ticket and $200 in cash.
'No direct evidence': none needed
Many sites on the web have quoted the trial judge's acknowledgement that there was no proof that Tochi knew he was carrying heroin:
There was no direct evidence that he knew the capsules contained diamorphine. There was nothing to suggest that Smith had told him they contained diamorphine, or that he had found that out on his own.The trial judge was clearly suspicious of Tochi's knowledge. Nevertheless, he found the defendant had "wilfully turned a blind eye on the contents of the capsules because he was tempted" by what police claimed was an offer of US$2000 in payment.
But the prosecution didn't have to prove Tochi knew; it was up to him to prove that he didn't know what was in the capsules. If he couldn't prove his ignorance of that fact -- a challenging philosophical notion in itself -- then the law would presume he knew, and therefore convict him of drug trafficking. Under section 18(2) of Singapore's Misuse of Drugs Act:
Any person who is proved or presumed to have had a controlled drug in hispossession shall, until the contrary is proved, be presumed to have known the nature of that drug.An Act of reversal
The Misuse of Drugs Act reverses many principles that are taken as central to a fair trial, including the burden of proof and the idea that a court should consider the facts of the case before deciding a penalty.
Amnesty International reports that the Act contains a series of presumptions that:
shift the burden of proof from the prosecution to the accused. This conflicts with the universally guaranteed right to be presumed innocent until proven guilty. Amnesty International is gravely concerned that such presumptions erode the right to a fair trial, increasing the risk that an innocent person may be executed...The Act applies a mandatory death penalty for a wide range of drug offences, including for importing more than 15 grams of diamorphine or pure heroin.
Possession of relatively small amounts of drugs -- by the standards of many countries -- is classed as "trafficking" in that drug. Trafficking in that drug carries a mandatory death penalty. Courts have no power to consider the individual circumstances of the case.
Death for drugs
Famously described as "Disneyland with the death penalty" by novelist William Gibson, Singapore brings together a record of social order and strict political control, and an unwavering use of the death penalty, particularly for drug-related offences.
No surprises then that Tochi was convicted of drug trafficking and sentenced to death in December 2005. His appeal was rejected in March 2006, with the judge pausing only to note that the accused had to prove he didn't know what was in the bag:
Under s 18(2) of the Act, the first appellant was presumed to know the nature of the drugs in his possession. The burden thus shifted to him to persuade the court on a balance of probabilities that he did not know that he was carrying drugs or that what he was carrying were drugs.The appeal court judge acknowledged Tochi's claim that he didn’t know, but agreed that he hadn't proven his ignorance.
Seven months before Tochi's execution, his brother Uzonna told a reporter from IPS News he had not told their parents that their son, who once supported the family, was now on death row.
"My poor parents will die if they hear that a child who has worked so hard to sustain them is facing a death sentence," he said.
Tochi was hanged in the face of widespread international protest: legal efforts and a presidential appeal in Nigeria, urgent global appeals from Amnesty International activists, intervention from a United Nations human rights expert, and discreet but unequivocal opposition from a small group of human rights activists within Singapore itself.
Reflecting the colonial origins of the country's modern death penalty, Tochi was "hanged by the neck till he [was] dead", in the words of Singapore's Criminal Procedure Code. The same British legal phrase was taken with the empire to, among other countries, the United States, India, Pakistan, Brunei and Malaysia.
Mr Smith has not been found.
Sunday, 6 January 2008
'Only Australians' should be spared execution
Australia's acting prime minister has confirmed the government will only appeal for Australians to be spared the death penalty.
Acting Prime Minister Julia Gillard was responding to calls from the Catholic Church for Australia to oppose the death penalty in all countries and under all circumstances.
According to The Age newspaper, Gillard said Australia would not intervene in death sentences for foreigners.
"Our position is perfectly clear. We support global moves against the death penalty [but] we only use our diplomatic resources on behalf of Australian nationals who are at risk of the death penalty overseas," she said.
"I think that that's entirely appropriate. Obviously our obligations are on behalf of our citizens and nationals. We intervene on their behalf."
Electing not to act
Shortly before last year's election campaign, Labor leader Kevin Rudd - now Australia's prime minister - said he would not make diplomatic moves to argue for clemency in terrorist cases, but would oppose the death penalty through multilateral channels at the United Nations.
"When it comes to the question of the death penalty, no diplomatic intervention will ever be made by any government that I lead in support of any individual terrorist life," Rudd said.
"We have only indicated in the past, and will maintain a policy in the future, of intervening diplomatically in support of Australian nationals who face capital sentences abroad."
The previous conservative government was criticised for only speaking out against the execution of Australian citizens, although former Prime Minister John Howard and other senior ministers had also signalled their approval when particular death sentences were handed down.
Related stories:
No Australian government will oppose terrorist executions -- 10 October, 2007
Australia: Rudd would oppose death penalty -- 24 June, 2007
Australia 'should act against death penalty' -- 03 August, 2006
Acting Prime Minister Julia Gillard was responding to calls from the Catholic Church for Australia to oppose the death penalty in all countries and under all circumstances.
According to The Age newspaper, Gillard said Australia would not intervene in death sentences for foreigners.
"Our position is perfectly clear. We support global moves against the death penalty [but] we only use our diplomatic resources on behalf of Australian nationals who are at risk of the death penalty overseas," she said.
"I think that that's entirely appropriate. Obviously our obligations are on behalf of our citizens and nationals. We intervene on their behalf."
Electing not to act
Shortly before last year's election campaign, Labor leader Kevin Rudd - now Australia's prime minister - said he would not make diplomatic moves to argue for clemency in terrorist cases, but would oppose the death penalty through multilateral channels at the United Nations.
"When it comes to the question of the death penalty, no diplomatic intervention will ever be made by any government that I lead in support of any individual terrorist life," Rudd said.
"We have only indicated in the past, and will maintain a policy in the future, of intervening diplomatically in support of Australian nationals who face capital sentences abroad."
The previous conservative government was criticised for only speaking out against the execution of Australian citizens, although former Prime Minister John Howard and other senior ministers had also signalled their approval when particular death sentences were handed down.
Related stories:
No Australian government will oppose terrorist executions -- 10 October, 2007
Australia: Rudd would oppose death penalty -- 24 June, 2007
Australia 'should act against death penalty' -- 03 August, 2006
Saturday, 5 January 2008
AI condemns China's expanded lethal injection
Amnesty International (AI) has "strongly condemned" this week's announcement that China was expanding the use of lethal injection, calling on the country instead to move towards abolishing the death penalty.
Jiang Xingchang, vice-president of the Supreme People's Court (SPC), told China Daily that lethal injection would eventually replace shooting in all executions ordered by intermediate courts.
"It is considered more humane and will eventually be used in all intermediate people's courts," Jiang said.
He said half of the country's 404 intermediate people's courts, which carry out most executions, currently use lethal injections.
Human rights organisations estimate China executes more people each year than the rest of the world combined.
Jiang told China Daily that the SPC would assist local courts by distributing the toxin used in lethal injections, rather than requiring court officials to come to Beijing to collect it.
"The SPC will help equip intermediate courts with all required facilities and train more professionals, particularly in the central and western regions," he said.
AI said rather than changing the method of injection, China should be abolishing undignified and inhumane state killings, particularly in the leadup to this year's Olympic Games.
Catherine Baber, Director of AI's Asia-Pacific programme, said: "This move goes against the spirit of the Olympic Charter for the Beijing Olympics, which places the preservation of human dignity at the heart of the Olympic movement.
"There is nothing dignified or humane in the state killing of individuals by whatever means."
The organisation also noted the announcement came only weeks after the UN General Assembly adopted a resolution calling for a worldwide moratorium on executions.
Arbitrary, inhumane
In its statement, AI challenged Jiang to explain how lethal injection was more humane as a method of execution than shooting.
"The extension of the lethal injection programme flies in the face of the clear international trend away from using the death penalty and ignores the problems inherent in this punishment," Baber said.
"Arbitrary application, miscarriages of justice including execution of the innocent, and the cruel and inhumane nature of the death penalty cannot be solved by changing the method of execution."
AI said the "particular concerns" involved with lethal injection included:
The organisation said it had welcomed the SPC's review of all death sentences passed in China, which came into effect in January 2007, saying the change was expected to result in a reduction in the number of executions.
But it condemned "the lack of transparency" in China which would make it "impossible to assess or verify any change in the number of executions being carried out".
Baber said: "The Chinese authorities must take concrete steps towards the abolition of death penalty.
"As a first step, China must make public the actual numbers of people executed and radically cut the number of capital offences.
"A positive legacy for the Beijing Olympics can only be achieved when China's world record of executions comes to an end."
Consider "ground realities"
In an interview with China Daily, Chief Justice Xiao Yang acknowledged the global trend towards limiting and abolishing the death penalty, and said "China is also working toward that direction".
But he stressed the goal could not be achieved overnight.
"We cannot talk about abolishing or controlling the use of death sentences in the abstract without considering ground realities and social security conditions," he said.
With the strong public belief in the "an eye for an eye and a life for a life", he said it was also unrealistic for China to abolish the death penalty in the short-term, even for non-violent criminals.
Related stories:
Party claims economic penalty 'prudent' -- 4 August, 2007
China: Courts claim fewer executions -- 31 July, 2007
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
Jiang Xingchang, vice-president of the Supreme People's Court (SPC), told China Daily that lethal injection would eventually replace shooting in all executions ordered by intermediate courts.
"It is considered more humane and will eventually be used in all intermediate people's courts," Jiang said.
He said half of the country's 404 intermediate people's courts, which carry out most executions, currently use lethal injections.
Human rights organisations estimate China executes more people each year than the rest of the world combined.
Jiang told China Daily that the SPC would assist local courts by distributing the toxin used in lethal injections, rather than requiring court officials to come to Beijing to collect it.
"The SPC will help equip intermediate courts with all required facilities and train more professionals, particularly in the central and western regions," he said.
AI said rather than changing the method of injection, China should be abolishing undignified and inhumane state killings, particularly in the leadup to this year's Olympic Games.
Catherine Baber, Director of AI's Asia-Pacific programme, said: "This move goes against the spirit of the Olympic Charter for the Beijing Olympics, which places the preservation of human dignity at the heart of the Olympic movement.
"There is nothing dignified or humane in the state killing of individuals by whatever means."
The organisation also noted the announcement came only weeks after the UN General Assembly adopted a resolution calling for a worldwide moratorium on executions.
Arbitrary, inhumane
In its statement, AI challenged Jiang to explain how lethal injection was more humane as a method of execution than shooting.
"The extension of the lethal injection programme flies in the face of the clear international trend away from using the death penalty and ignores the problems inherent in this punishment," Baber said.
"Arbitrary application, miscarriages of justice including execution of the innocent, and the cruel and inhumane nature of the death penalty cannot be solved by changing the method of execution."
AI said the "particular concerns" involved with lethal injection included:
- diverting attention from the suffering inherent in the death penalty by suggesting that death by lethal injection is humane. Evidence showed that it can cause convulsions and a prolonged and painful death.
- the potential to cause physical and mental suffering through botched implementation.
- the involvement of health personnel in executions. Virtually all codes of professional ethics that considered the death penalty opposed participation by medical or nursing personnel.
The organisation said it had welcomed the SPC's review of all death sentences passed in China, which came into effect in January 2007, saying the change was expected to result in a reduction in the number of executions.
But it condemned "the lack of transparency" in China which would make it "impossible to assess or verify any change in the number of executions being carried out".
Baber said: "The Chinese authorities must take concrete steps towards the abolition of death penalty.
"As a first step, China must make public the actual numbers of people executed and radically cut the number of capital offences.
"A positive legacy for the Beijing Olympics can only be achieved when China's world record of executions comes to an end."
Consider "ground realities"
In an interview with China Daily, Chief Justice Xiao Yang acknowledged the global trend towards limiting and abolishing the death penalty, and said "China is also working toward that direction".
But he stressed the goal could not be achieved overnight.
"We cannot talk about abolishing or controlling the use of death sentences in the abstract without considering ground realities and social security conditions," he said.
With the strong public belief in the "an eye for an eye and a life for a life", he said it was also unrealistic for China to abolish the death penalty in the short-term, even for non-violent criminals.
Related stories:
Party claims economic penalty 'prudent' -- 4 August, 2007
China: Courts claim fewer executions -- 31 July, 2007
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
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