Despite what The Jakarta Post described last week as "an increasingly anti-capital punishment sentiment in Indonesia", the government has executed as many people in the past month as it did in the previous three years.
Indonesia has executed six people since June, after three convicted murderers were shot in East Java late last week.
According to reports by The Jakarta Post and newsagency Antara, a woman named Sumiarsih, 60 (also reported as Sumiasih, 59), and her son Sugeng, 44, were executed at Banten, East Java early on Saturday morning (19 July).
They were convicted, along with two other members of their family, of murdering a marine and four members of his family in 1988.
The previous night (18 July), Usep, alias Tubagus Yusuf Maulana, was executed for poisoning eight people in June and July 2007, after they had come to him as a shaman who could "multiply their money".
On 10 July, Ahmad Suradji, 57, was executed in North Sumatra for murdering 42 women and girls over an 11 year period.
Two Nigerian men were shot on 26 June for heroin smuggling offences. Samuel Iwachekawu Okoye and Hansen Anthony Nwaoysa were executed on Nusakambangan prison island, central Java.
Nwaoysa was sentenced to death for attempting to smuggle 600 grams of heroin from Pakistan to Jakarta in January 2001. Okoye was arrested at Jakarta airport with 3.8 kilograms of heroin in the lining of his luggage after flying in from India.
Several recent reports have suggested authorities may be preparing to execute three men sentenced to death over the October 2002 bombing on Bali, which killed 202 people and injured 200.
Related stories:
Indonesia: Drug offenders executed, more to come -- 29 June, 2008
Executions in Indonesia since 1995 -- 26 September, 2006
Bali executions will inspire martyrs: expert -- 25 February, 2008
Sunday, 20 July 2008
Thursday, 3 July 2008
Japan: Dead man recording
In a country known for the official silence surrounding its use of the death penalty, people in Japan have been confronted with an image of their execution chamber -- by a recording made 50 years ago.
The execution of the unknown prisoner, recorded at Osaka detention centre in 1955, has given people a rare and gruesome insight into their country's death penalty, which -- apart from the type of rope used -- has changed little since.
The recording, originally made to train prison workers, was aired in early May as part of a documentary broadcast by Nippon Cultural Broadcasting. (Listen to it on the website of The Guardian newspaper.)
Film-maker Tatsuya Mori stressed the importance of presenting the reality of the death penalty, particularly since the government was trying to conceal it.
"If the justice ministry masks the reality, then it is up to the media to expose it," he told the Asahi Shimbun newspaperpaper.
"There is great significance in letting the public know the truth."
According to the Asahi Shimbun, the station denied it was taking a stand on the death penalty by airing the recording.
"We aren't trying to make a statement for or against the death penalty," a spokesman said.
"Our only intention is to present the reality of executions and let our listeners decide for themselves."
The recording shows the prisoner joking with prison staff, before the trapdoor opens and the rope snaps tight. Buddhist priests are audible chanting in the background while the hanging takes place.
His death is confirmed after 14 minutes.
More hangings, in secret
Japan has executed 10 prisoners so far this year, as the current justice minister Kunio Hatoyama accelerates the pace of hangings.
In the country's notoriously secretive death penalty system, a prisoner can spend decades waiting to be hanged, often receiving as little as a few hours' notice they are about to die.
The government has only recently begun confirming the names of the people it has executed.
Human rights campaigners have frequently condemned the lack of official information about the use of the death penalty, saying it has suppressed and distorted public debate about its use.
Related stories:
Executions in Japan despite appeal plans -- 18 June, 2008
Executions in Japan -- 2006 - 2008 -- 12 April, 2008
Japan: Minister steps up rate of hangings -- 12 April, 2008
Japan: Sixteen hanged in thirteen months -- 04 February, 2008
Long wait, sudden death in Japan -- 28 August, 2006
The execution of the unknown prisoner, recorded at Osaka detention centre in 1955, has given people a rare and gruesome insight into their country's death penalty, which -- apart from the type of rope used -- has changed little since.
The recording, originally made to train prison workers, was aired in early May as part of a documentary broadcast by Nippon Cultural Broadcasting. (Listen to it on the website of The Guardian newspaper.)
Film-maker Tatsuya Mori stressed the importance of presenting the reality of the death penalty, particularly since the government was trying to conceal it.
"If the justice ministry masks the reality, then it is up to the media to expose it," he told the Asahi Shimbun newspaperpaper.
"There is great significance in letting the public know the truth."
According to the Asahi Shimbun, the station denied it was taking a stand on the death penalty by airing the recording.
"We aren't trying to make a statement for or against the death penalty," a spokesman said.
"Our only intention is to present the reality of executions and let our listeners decide for themselves."
The recording shows the prisoner joking with prison staff, before the trapdoor opens and the rope snaps tight. Buddhist priests are audible chanting in the background while the hanging takes place.
His death is confirmed after 14 minutes.
More hangings, in secret
Japan has executed 10 prisoners so far this year, as the current justice minister Kunio Hatoyama accelerates the pace of hangings.
In the country's notoriously secretive death penalty system, a prisoner can spend decades waiting to be hanged, often receiving as little as a few hours' notice they are about to die.
The government has only recently begun confirming the names of the people it has executed.
Human rights campaigners have frequently condemned the lack of official information about the use of the death penalty, saying it has suppressed and distorted public debate about its use.
Related stories:
Executions in Japan despite appeal plans -- 18 June, 2008
Executions in Japan -- 2006 - 2008 -- 12 April, 2008
Japan: Minister steps up rate of hangings -- 12 April, 2008
Japan: Sixteen hanged in thirteen months -- 04 February, 2008
Long wait, sudden death in Japan -- 28 August, 2006
Sunday, 29 June 2008
Indonesia: Drug offenders executed, more to come
Indonesia shot two Nigerian men for drug offences late on Thursday night, and drug officials hope more executions will soon be carried out.
Samuel Iwachekawu Okoye and Hansen Anthony Nwaoysa were executed before midnight on Thursday (26 June) on Nusakambangan prison island, off the coast of central Java.
According to a Reuters report, the head of the Central Java mobile brigade police, Dicky Atotoy, said the two Nigerians were tied to two wooden poles with their heads covered, and shot by two teams of police snipers.
"The doctor declared the two convicts dead at 00.00 following the firing squads' duty to execute them," Atatoy said.
Reuters said Indonesian prosecutors were also now preparing to execute the three men sentenced to death for their role in the October 2002 Bali bombings, which killed 202 people.
AAP reported that 40 year-old Nwaoysa was sentenced to death for attempting to smuggle 600 grams of heroin in 43 capsules, which he swallowed before flying from Pakistan to Jakarta in January 2001. (AAP story also here.)
The report said Okoye was caught at Jakarta airport with 3.8 kilograms of heroin hidden in the lining of his luggage after flying in from India. He said he was to pass it on to an Australian by the name of "Ron".
The two were sentenced to death in 2001 and their final appeals for clemency were rejected in July 2004.
More drug executions to come?
The head of Indonesia's leading anti-drugs body said in a speech during the day on Thursday that drug offenders should be executed more quickly.
"To give them a lesson, drug traffickers must be executed immediately," said General Sutanto, who is the National Police Chief and Chairman of the National Anti-Narcotic Body (BNN).
"For this purpose, BNN is coordinating closely with the Attorney General`s Office as the agency responsible for carrying out executions," he told a function at the State Palace for the International Day against Drugs Abuse and Trafficking.
He said prison didn't deter drug traffickers, and claimed international drug syndicates were being run from jails.
Attorney General Hendarman Supandji reportedly said at the same function his office would speed up the execution of the 57 drug offenders on death row.
Move towards greater secrecy
Before the latest executions, comments by one government minister reported by the Antara newsagency suggested Indonesia was planning to carry out the executions in secret to prevent any public protests.
"The date of the execution is not to be made public to prevent public controversy," said Monang Pardede, assistant deputy to the General Crimes chief of the Central Java higher prosecutor's office, on Tuesday.
He reportedly said the executions would not be publicised until after they were carried out, in order to prevent what Antara described as "undue public reactions".
"We are afraid we will face difficulties if they are announced beforehand," he said.
These comments are a worrying sign that Indonesia may be moving towards the secrecy that stifles open and informed debate across much of Asia about the use of the death penalty.
No to drugs, no to drug executions
Amnesty International condemned the use of the death penalty for drug-related offences.
"Experts in international law, including the top UN officials, have confirmed that applying the death penalty for drug-related offences is a breach of international law," a spokesperson for the organisation said.
The last executions for drug offences in Indonesia were carried out in October 2004, when two Thai nationals were shot for attempting to smuggle 12.19 kilograms of heroin into Indonesia.
Their co-accused, a 65 year-old Indian man, was executed in August of the same year.
Related stories:
Drug penalty violates international law -- 06 May 2007
Executions in Indonesia since 1995 -- 26 September 2006
Samuel Iwachekawu Okoye and Hansen Anthony Nwaoysa were executed before midnight on Thursday (26 June) on Nusakambangan prison island, off the coast of central Java.
According to a Reuters report, the head of the Central Java mobile brigade police, Dicky Atotoy, said the two Nigerians were tied to two wooden poles with their heads covered, and shot by two teams of police snipers.
"The doctor declared the two convicts dead at 00.00 following the firing squads' duty to execute them," Atatoy said.
Reuters said Indonesian prosecutors were also now preparing to execute the three men sentenced to death for their role in the October 2002 Bali bombings, which killed 202 people.
AAP reported that 40 year-old Nwaoysa was sentenced to death for attempting to smuggle 600 grams of heroin in 43 capsules, which he swallowed before flying from Pakistan to Jakarta in January 2001. (AAP story also here.)
The report said Okoye was caught at Jakarta airport with 3.8 kilograms of heroin hidden in the lining of his luggage after flying in from India. He said he was to pass it on to an Australian by the name of "Ron".
The two were sentenced to death in 2001 and their final appeals for clemency were rejected in July 2004.
More drug executions to come?
The head of Indonesia's leading anti-drugs body said in a speech during the day on Thursday that drug offenders should be executed more quickly.
"To give them a lesson, drug traffickers must be executed immediately," said General Sutanto, who is the National Police Chief and Chairman of the National Anti-Narcotic Body (BNN).
"For this purpose, BNN is coordinating closely with the Attorney General`s Office as the agency responsible for carrying out executions," he told a function at the State Palace for the International Day against Drugs Abuse and Trafficking.
He said prison didn't deter drug traffickers, and claimed international drug syndicates were being run from jails.
Attorney General Hendarman Supandji reportedly said at the same function his office would speed up the execution of the 57 drug offenders on death row.
Move towards greater secrecy
Before the latest executions, comments by one government minister reported by the Antara newsagency suggested Indonesia was planning to carry out the executions in secret to prevent any public protests.
"The date of the execution is not to be made public to prevent public controversy," said Monang Pardede, assistant deputy to the General Crimes chief of the Central Java higher prosecutor's office, on Tuesday.
He reportedly said the executions would not be publicised until after they were carried out, in order to prevent what Antara described as "undue public reactions".
"We are afraid we will face difficulties if they are announced beforehand," he said.
These comments are a worrying sign that Indonesia may be moving towards the secrecy that stifles open and informed debate across much of Asia about the use of the death penalty.
No to drugs, no to drug executions
Amnesty International condemned the use of the death penalty for drug-related offences.
"Experts in international law, including the top UN officials, have confirmed that applying the death penalty for drug-related offences is a breach of international law," a spokesperson for the organisation said.
The last executions for drug offences in Indonesia were carried out in October 2004, when two Thai nationals were shot for attempting to smuggle 12.19 kilograms of heroin into Indonesia.
Their co-accused, a 65 year-old Indian man, was executed in August of the same year.
Related stories:
Drug penalty violates international law -- 06 May 2007
Executions in Indonesia since 1995 -- 26 September 2006
Tuesday, 24 June 2008
Will Pakistan's death row be emptied?
Up to 7,000 death row prisoners may be spared the prospect of execution after Pakistan's prime minister recommended the government commute death sentences as a tribute to his party's assassinated leader.
Yousuf Raza Gilani was leading celebrations on Saturday for the 55th birthday of Benazir Bhutto, the former leader of the PPP Party who was killed in an attack on an election rally in December.
"We have asked the Ministry of the Interior to send a recommendation to the president to convert the death sentence of prisoners to life in prison," he said, according to an Associated Press report.
Media reports of the recommendation suggested President Pervez Musharfaf was likely to agree to the recommendation, although it was not clear which death row prisoners would be covered by the amnesty.
It was also not clear if the proposal would benefit an Indian national whose family claimed was sentenced to death in a case of mistaken identity.
Pakistani authorities believe Manjit Singh was sentenced to death after being convicted of involvement in bomb blasts in Lahore and Multan in 1990.
His family claims he is in fact Indian farmer Sarabjit Singh, who accidentally strayed into Pakistan while working.
President Musharraf rejected his petition for mercy on 5 March 2008. His execution was set for 1 May, although it was later delayed.
The announcement is likely to give fresh impetus to the debate about abolition in Pakistan, which late last year voted against a United Nations resolution encouraging a moratorium on the death penalty.
Related stories:
Call for abolition: Pakistan columnist -- 17 October, 2006
Pakistan: Thousands in "brutal" system -- 12 October, 2006
Yousuf Raza Gilani was leading celebrations on Saturday for the 55th birthday of Benazir Bhutto, the former leader of the PPP Party who was killed in an attack on an election rally in December.
"We have asked the Ministry of the Interior to send a recommendation to the president to convert the death sentence of prisoners to life in prison," he said, according to an Associated Press report.
Media reports of the recommendation suggested President Pervez Musharfaf was likely to agree to the recommendation, although it was not clear which death row prisoners would be covered by the amnesty.
It was also not clear if the proposal would benefit an Indian national whose family claimed was sentenced to death in a case of mistaken identity.
Pakistani authorities believe Manjit Singh was sentenced to death after being convicted of involvement in bomb blasts in Lahore and Multan in 1990.
His family claims he is in fact Indian farmer Sarabjit Singh, who accidentally strayed into Pakistan while working.
President Musharraf rejected his petition for mercy on 5 March 2008. His execution was set for 1 May, although it was later delayed.
The announcement is likely to give fresh impetus to the debate about abolition in Pakistan, which late last year voted against a United Nations resolution encouraging a moratorium on the death penalty.
Related stories:
Call for abolition: Pakistan columnist -- 17 October, 2006
Pakistan: Thousands in "brutal" system -- 12 October, 2006
Wednesday, 18 June 2008
Executions in Japan despite appeal plans
Japan's justice minister Kunio Hatoyama has now approved the execution of thirteen prisoners, with three more hangings carried out yesterday.
Three men were hanged in Tokyo and Osaka for murders committed up to 23 years ago.
Tsutomu Miyazaki, 45, and Shinji Mutsuda, 37, were hanged in Tokyo, and Yoshio Yamasaki, 73, was executed in Osaka.
Miyazaki has been infamous in Japan for nearly 20 years after he was arrested and charged with the violent murders of four young girls in 1988 and 1989. Agence France-Presse reported this week that he "mutilated the bodies of the victims, slept next to the corpses and drank their blood".
Mutsuda was convicted of murder and robbery, and Yamasaki was convicted of murdering two women in 1985 and 1990 for insurance money.
A question of sanity
The question of whether Miyazaki was sane enough to be held criminally responsible for the killings was central to his various court appearances.
Over nearly 20 years it took his case to move through the legal process, Miyazaki said a "rat man" was responsible for the killings, referring to a cartoon character he drew.
His lawyers argued he was suffering from mental illness, an argument reinforced by psychiatric assessments.
Mainichi Japan reported that he repeated incomprehensible statements during his court hearings.
"I feel as if I committed the crimes in my dreams," he said in one hearing.
"I was scared because a 'rat person' appeared. My alter ego suddenly appeared and committed the acts," he said at another time.
It said various psychiatric evaluations had returned different assessments of his mental state.
He was variously diagnosed as suffering from a personality disorder, a multiple personality disorder or schizophrenia, with different assessments of the level to which he could be held responsible.
Appeal underway
Miyazaki was executed despite the fact that his lawyer was preparing to apply for a retrial.
"I had been preparing to file a request for a retrial over the past few months," Maiko Tagusari said, according to a second report by Mainichi Japan.
"I strongly protested (to the ministry) for carrying out the execution even though they knew about my plans.
"What I had feared actually happened."
She said she wrote to Justice Minister Kunio Hatoyama in late May asking him not to order the execution of Miyazaki.
Political support
India's Economic Times reported that Japanese Prime Minister Yasuo Fukuda said after the executions he supported the use of the death penalty.
"In Japan, the majority view is that capital punishment should be maintained, so I feel no need to change what we have continued doing until now," he said.
However he appeared to acknowledge the global trend towards abolition of the death penalty, adding: "But we also have to keep an eye on trends of world opinion."
Related stories:
Japan: Execution possible despite mental doubts -- 10 June, 2008
Executions in Japan -- 2006 - 2008 -- 12 April, 2008
Japan: Minister steps up rate of hangings -- 12 April, 2008
Japan: Sixteen hanged in thirteen months -- 04 February, 2008
Japan finally names three executed -- 09 December, 2007
Minister wants ‘tranquil’ killing: Japan -- 29 October, 2007
Japan: New minister will approve hangings -- 04 September, 2007
Long wait, sudden death in Japan -- 28 August, 2006
Three men were hanged in Tokyo and Osaka for murders committed up to 23 years ago.
Tsutomu Miyazaki, 45, and Shinji Mutsuda, 37, were hanged in Tokyo, and Yoshio Yamasaki, 73, was executed in Osaka.
Miyazaki has been infamous in Japan for nearly 20 years after he was arrested and charged with the violent murders of four young girls in 1988 and 1989. Agence France-Presse reported this week that he "mutilated the bodies of the victims, slept next to the corpses and drank their blood".
Mutsuda was convicted of murder and robbery, and Yamasaki was convicted of murdering two women in 1985 and 1990 for insurance money.
A question of sanity
The question of whether Miyazaki was sane enough to be held criminally responsible for the killings was central to his various court appearances.
Over nearly 20 years it took his case to move through the legal process, Miyazaki said a "rat man" was responsible for the killings, referring to a cartoon character he drew.
His lawyers argued he was suffering from mental illness, an argument reinforced by psychiatric assessments.
Mainichi Japan reported that he repeated incomprehensible statements during his court hearings.
"I feel as if I committed the crimes in my dreams," he said in one hearing.
"I was scared because a 'rat person' appeared. My alter ego suddenly appeared and committed the acts," he said at another time.
It said various psychiatric evaluations had returned different assessments of his mental state.
He was variously diagnosed as suffering from a personality disorder, a multiple personality disorder or schizophrenia, with different assessments of the level to which he could be held responsible.
Appeal underway
Miyazaki was executed despite the fact that his lawyer was preparing to apply for a retrial.
"I had been preparing to file a request for a retrial over the past few months," Maiko Tagusari said, according to a second report by Mainichi Japan.
"I strongly protested (to the ministry) for carrying out the execution even though they knew about my plans.
"What I had feared actually happened."
She said she wrote to Justice Minister Kunio Hatoyama in late May asking him not to order the execution of Miyazaki.
Political support
India's Economic Times reported that Japanese Prime Minister Yasuo Fukuda said after the executions he supported the use of the death penalty.
"In Japan, the majority view is that capital punishment should be maintained, so I feel no need to change what we have continued doing until now," he said.
However he appeared to acknowledge the global trend towards abolition of the death penalty, adding: "But we also have to keep an eye on trends of world opinion."
Related stories:
Japan: Execution possible despite mental doubts -- 10 June, 2008
Executions in Japan -- 2006 - 2008 -- 12 April, 2008
Japan: Minister steps up rate of hangings -- 12 April, 2008
Japan: Sixteen hanged in thirteen months -- 04 February, 2008
Japan finally names three executed -- 09 December, 2007
Minister wants ‘tranquil’ killing: Japan -- 29 October, 2007
Japan: New minister will approve hangings -- 04 September, 2007
Long wait, sudden death in Japan -- 28 August, 2006
Tuesday, 10 June 2008
Japan: Execution possible despite mental doubts
Amnesty International (AI) is concerned that a prisoner who withdrew a High Court appeal against his death sentence may be executed before the end of June.
According to an ‘urgent action’ appeal issued by the organisation late last week, Makino Tadashi has had his appeal for clemency rejected and is therefore "at imminent risk of execution".
Makino's lawyers have challenged his decisions in court and made unsuccessful appeals for a retrial in three levels of Japan's courts.
AI said he was sentenced to death in the Fukuoka District Court in 1990, despite his lawyers arguing during the trial that he lacked adequate mental capacity and could not be held responsible for his crimes.
"Makino appealed to the High Court but later withdrew his appeal," the organisation said.
His lawyers "challenged his motion to withdraw his appeal on the grounds that he was not fully aware of his actions" and appealed to the Fukuoka District Court for a retrial. They then appealed to the Fukuoka High Court and later the Supreme Court.
When the final appeal was rejected in January 2006, they submitted an appeal for clemency to the Ministry of Justice, which was rejected on 29 May 2008.
Makino, who was born in 1950, was sentenced to death for murdering one woman and injuring two others. He had earlier served 16 and a half years in prison for murder and attempted robbery committed when he was 19.
Appeal for action
Amnesty International is encouraging people to write letters as soon as possible to Justice Minister Hatoyama, calling on him:
* not to execute Tadashi Makino;
* to end the secrecy surrounding the death penalty in Japan by giving advance notice of executions to death row prisoners and their families;
* to order an immediate moratorium on the death penalty with a view to eventual abolition; and
* to commute all death sentences.
Appeals should be sent to:
HATOYAMA Kunio
Minister of Justice
Ministry of Justice
1-1-1 KasumigasekiChiyoda-ku Tokyo 100-8977, Japan
Fax: +81 3 3592 7088
+81 3 5511 7200 (via Public Information & Foreign Liaison Office)
Salutation: Dear Minister
Disturbing record
Hatoyama has a disturbing record of support for the death penalty, executing 10 prisoners since he was appointed in August 2007. Seven executions have been carried out so far this year.
AI said there were currently 105 people on death row in Japan, and at least 23 people who went on trial in 2007 were facing the death penalty -- the highest number since 1962.
Related stories:
Executions in Japan -- 2006 - 2008 -- 12 April, 2008
Japan: Minister steps up rate of hangings -- 12 April, 2008
Japan: Sixteen hanged in thirteen months -- 04 February, 2008
Japan finally names three executed -- 09 December, 2007
Minister wants ‘tranquil’ killing: Japan -- 29 October, 2007
Japan: New minister will approve hangings -- 04 September, 2007
Long wait, sudden death in Japan -- 28 August, 2006
According to an ‘urgent action’ appeal issued by the organisation late last week, Makino Tadashi has had his appeal for clemency rejected and is therefore "at imminent risk of execution".
Makino's lawyers have challenged his decisions in court and made unsuccessful appeals for a retrial in three levels of Japan's courts.
AI said he was sentenced to death in the Fukuoka District Court in 1990, despite his lawyers arguing during the trial that he lacked adequate mental capacity and could not be held responsible for his crimes.
"Makino appealed to the High Court but later withdrew his appeal," the organisation said.
His lawyers "challenged his motion to withdraw his appeal on the grounds that he was not fully aware of his actions" and appealed to the Fukuoka District Court for a retrial. They then appealed to the Fukuoka High Court and later the Supreme Court.
When the final appeal was rejected in January 2006, they submitted an appeal for clemency to the Ministry of Justice, which was rejected on 29 May 2008.
Makino, who was born in 1950, was sentenced to death for murdering one woman and injuring two others. He had earlier served 16 and a half years in prison for murder and attempted robbery committed when he was 19.
Appeal for action
Amnesty International is encouraging people to write letters as soon as possible to Justice Minister Hatoyama, calling on him:
* not to execute Tadashi Makino;
* to end the secrecy surrounding the death penalty in Japan by giving advance notice of executions to death row prisoners and their families;
* to order an immediate moratorium on the death penalty with a view to eventual abolition; and
* to commute all death sentences.
Appeals should be sent to:
HATOYAMA Kunio
Minister of Justice
Ministry of Justice
1-1-1 KasumigasekiChiyoda-ku Tokyo 100-8977, Japan
Fax: +81 3 3592 7088
+81 3 5511 7200 (via Public Information & Foreign Liaison Office)
Salutation: Dear Minister
Disturbing record
Hatoyama has a disturbing record of support for the death penalty, executing 10 prisoners since he was appointed in August 2007. Seven executions have been carried out so far this year.
AI said there were currently 105 people on death row in Japan, and at least 23 people who went on trial in 2007 were facing the death penalty -- the highest number since 1962.
Related stories:
Executions in Japan -- 2006 - 2008 -- 12 April, 2008
Japan: Minister steps up rate of hangings -- 12 April, 2008
Japan: Sixteen hanged in thirteen months -- 04 February, 2008
Japan finally names three executed -- 09 December, 2007
Minister wants ‘tranquil’ killing: Japan -- 29 October, 2007
Japan: New minister will approve hangings -- 04 September, 2007
Long wait, sudden death in Japan -- 28 August, 2006
Friday, 6 June 2008
Abolition: Political parties fail in Taiwan
The Taipei Times newspaper has condemned both of the country's main political parties for failing to abolish the death penalty, and failing to inform public debate about whether it was appropriate or effective.
In a sharply critical editorial on 28 May, the newspaper said the death penalty was an example of governments' selective use of public opinion, which was "ignored or drawn upon" by policy makers to serve their own interests.
The Democratic Progressive Party (DPP) reduced the use of the death penalty over its eight years in office, but it "failed to carry out one of its professed goals" of abolishing it altogether.
The DPP had claimed it could not abolish the death penalty "because a majority of the public believed the death penalty to be an effective deterrent to violent crime".
The newspaper feared the current government of President Ma Ying-jeou (馬英九) already appeared "set to follow suit".
The current Minister of Justice Wang Ching-feng (王清峰) said shortly after the government's inauguration that she would consider abolishing the death penalty.
But "[i]n the same breath, however, she warned that she had no clue how to go about achieving this goal, as it would run counter to public opinion".
Ineffective revenge
The Taipei Times said neither party had promoted the increasing number of countries that had abolished the death penalty, leaving Taiwan "among a shrinking minority".
Furthermore, studies had not found evidence the death penalty deterred violent crime, or that it increased after abolition.
"Capital punishment can therefore only serve two purposes: to assure the public that this "effective" deterrent exists (although it is not effective) and to fill a need for retribution proportional to the crime committed," the editorial said.
"But modern justice systems have long since abandoned the "eye for an eye" philosophy as inadequate, inappropriate and inhumane."
It said the country's experience with doubtful trials had shown any claim the courts were infallible "would be laughable".
"The government must therefore make it clear to the public: Even one innocent person executed is far too high a price for what essentially boils down to revenge."
'Stop the excuses'
The editorial writers said factors such as the global trend away from the death penalty, and reassurance of measures such as regulating parole for violent criminals, could help move public opinion.
They concluded: "It would seem, then, not so daunting a task after all to present an alternative to the death penalty that both the public and government find fair.
"It is time for Taiwan's leaders to stop serving up excuses and set the ball in motion."
(Thanks to Celia at China Activist Weekly for the tip.)
Related stories:
Life Watch to save Taiwan's innocent from death --12 February, 2008
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
In a sharply critical editorial on 28 May, the newspaper said the death penalty was an example of governments' selective use of public opinion, which was "ignored or drawn upon" by policy makers to serve their own interests.
The Democratic Progressive Party (DPP) reduced the use of the death penalty over its eight years in office, but it "failed to carry out one of its professed goals" of abolishing it altogether.
The DPP had claimed it could not abolish the death penalty "because a majority of the public believed the death penalty to be an effective deterrent to violent crime".
The newspaper feared the current government of President Ma Ying-jeou (馬英九) already appeared "set to follow suit".
The current Minister of Justice Wang Ching-feng (王清峰) said shortly after the government's inauguration that she would consider abolishing the death penalty.
But "[i]n the same breath, however, she warned that she had no clue how to go about achieving this goal, as it would run counter to public opinion".
Ineffective revenge
The Taipei Times said neither party had promoted the increasing number of countries that had abolished the death penalty, leaving Taiwan "among a shrinking minority".
Furthermore, studies had not found evidence the death penalty deterred violent crime, or that it increased after abolition.
"Capital punishment can therefore only serve two purposes: to assure the public that this "effective" deterrent exists (although it is not effective) and to fill a need for retribution proportional to the crime committed," the editorial said.
"But modern justice systems have long since abandoned the "eye for an eye" philosophy as inadequate, inappropriate and inhumane."
It said the country's experience with doubtful trials had shown any claim the courts were infallible "would be laughable".
"The government must therefore make it clear to the public: Even one innocent person executed is far too high a price for what essentially boils down to revenge."
'Stop the excuses'
The editorial writers said factors such as the global trend away from the death penalty, and reassurance of measures such as regulating parole for violent criminals, could help move public opinion.
They concluded: "It would seem, then, not so daunting a task after all to present an alternative to the death penalty that both the public and government find fair.
"It is time for Taiwan's leaders to stop serving up excuses and set the ball in motion."
(Thanks to Celia at China Activist Weekly for the tip.)
Related stories:
Life Watch to save Taiwan's innocent from death --12 February, 2008
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
Friday, 30 May 2008
India: "Abusive lottery must be abolished"
The most comprehensive study of India's death penalty system ever conducted has concluded that it is an abusive and inconsistent process, hanging people on the basis of shockingly inadequate evidence.
Describing the system as a "lethal lottery", at the launch of the report on 2 May 2008, the study's authors said "the only remedy is to abolish the death penalty [in India] completely".
The landmark 243-page report Lethal Lottery: The Death Penalty in India, A study of Supreme Court judgments in death penalty cases 1950-2006 was published by Amnesty International India and the People’s Union for Civil Liberties (Tamil Nadu & Puducherry).
Researchers analysed Supreme Court judgements handed down in more than 700 death penalty cases over a 56 year period.
Woefully few, too many
A summary of the study findings said the work was necessary "because of a vital gap that affected those campaigning against the death penalty: the absence of a comprehensive analysis of facts relating to the practice of capital punishment".
"There exist woefully few researched studies on the subject," it said.
Amnesty International reported at least 140 people were sentenced to death in 2006 and 2007. The most recent official figures, from 31 December 2005, showed at least 273 people were on death row, a figure which would certainly have increased.
"The fate of these death row prisoners is ultimately a lottery," the study's authors said.
This research was "the first to examine the essential unfairness of the death penalty system in India by analysing evidence found in Supreme Court judgments of abuse of law and procedure and of arbitrariness and inconsistency in the investigation, trial, sentencing and appeal stages in capital cases".
It found that the death penalty was not limited to "rarest of rare cases" as claimed by politicians and courts. But "on the contrary, there is ample evidence to show that the death penalty has been an arbitrary, imprecise and abusive means of dealing with defendants".
Poor evidence, poor defence
The main failings identified in the report were:
1. errors in consideration of evidence -- most death sentences handed down in India are based on circumstantial evidence alone. In a 1994 Supreme Court appeal, the Court noted the main witness's memory constantly improved from his statement a few days after the incident to the trial three years later
2. inadequate legal representation -- concerns include "lawyers ignoring key facts of mental incompetence, omitting to provide any arguments on sentencing, or failing to dispute claims that the accused was under 18 years of age at the time of the crime despite evidence to the contrary"
anti-terrorist legislation -- concerns include "the broad definition of 'terrorist acts', insufficient safeguards on arrest, and provisions allowing for confessions made to police to be admissible as evidence"
3. arbitrariness in sentencing -- "in the same month, different benches of the Supreme Court have treated similar cases differently, with mitigating factors taken into account or disregarded arbitrarily"
4. failure of the courts and state authorities to consistently apply the procedures supposed to limit the death penalty to the "rarest of rare" cases.
The report also condemned a range of failings in India's death penalty system, which were at odds with international standards on the use of the death penalty.
These included expansion in the scope of the death penalty, mandatory death sentences -- for example for drugs and firearms offences -- and a lack of safeguards to prevent execution of children and the mentally ill.
Doing without, for how long?
Amnesty International welcomed the "current hiatus" on executions in the past decade, and said this "illustrates that the people of India are willing to live without the death penalty".
The last execution in India was carried out in August 2004, when Dhananjoy Chatterjee was hanged for the 1990 rape and murder of a girl. He was the first person to be hanged in India for over six years, having spent more than 14 years in prison.
However this week the Times of India reported that on May 16 a Bettiah court issued a "black warrant" for the execution of Prajeet Kumar Singh.
The newspaper said authorities in Bhagalpur Central Jail were preparing for its first execution in 13 years, which by law must take place between 21 and 28 days from a warrant being issued.
It quoted prison superintendant Uma Kant Sharan as saying the gallows would have to be readied and a hangman recruited.
"A separate request will be made to manufacturers of the special noose rope in Buxar," he said.
Prajeet's family, however, has reportedly lodged a petition for mercy with the President.
Related stories:
India: The politics of hanging -- 16 January, 2007
Describing the system as a "lethal lottery", at the launch of the report on 2 May 2008, the study's authors said "the only remedy is to abolish the death penalty [in India] completely".
The landmark 243-page report Lethal Lottery: The Death Penalty in India, A study of Supreme Court judgments in death penalty cases 1950-2006 was published by Amnesty International India and the People’s Union for Civil Liberties (Tamil Nadu & Puducherry).
Researchers analysed Supreme Court judgements handed down in more than 700 death penalty cases over a 56 year period.
Woefully few, too many
A summary of the study findings said the work was necessary "because of a vital gap that affected those campaigning against the death penalty: the absence of a comprehensive analysis of facts relating to the practice of capital punishment".
"There exist woefully few researched studies on the subject," it said.
Amnesty International reported at least 140 people were sentenced to death in 2006 and 2007. The most recent official figures, from 31 December 2005, showed at least 273 people were on death row, a figure which would certainly have increased.
"The fate of these death row prisoners is ultimately a lottery," the study's authors said.
This research was "the first to examine the essential unfairness of the death penalty system in India by analysing evidence found in Supreme Court judgments of abuse of law and procedure and of arbitrariness and inconsistency in the investigation, trial, sentencing and appeal stages in capital cases".
It found that the death penalty was not limited to "rarest of rare cases" as claimed by politicians and courts. But "on the contrary, there is ample evidence to show that the death penalty has been an arbitrary, imprecise and abusive means of dealing with defendants".
Poor evidence, poor defence
The main failings identified in the report were:
1. errors in consideration of evidence -- most death sentences handed down in India are based on circumstantial evidence alone. In a 1994 Supreme Court appeal, the Court noted the main witness's memory constantly improved from his statement a few days after the incident to the trial three years later
2. inadequate legal representation -- concerns include "lawyers ignoring key facts of mental incompetence, omitting to provide any arguments on sentencing, or failing to dispute claims that the accused was under 18 years of age at the time of the crime despite evidence to the contrary"
anti-terrorist legislation -- concerns include "the broad definition of 'terrorist acts', insufficient safeguards on arrest, and provisions allowing for confessions made to police to be admissible as evidence"
3. arbitrariness in sentencing -- "in the same month, different benches of the Supreme Court have treated similar cases differently, with mitigating factors taken into account or disregarded arbitrarily"
4. failure of the courts and state authorities to consistently apply the procedures supposed to limit the death penalty to the "rarest of rare" cases.
The report also condemned a range of failings in India's death penalty system, which were at odds with international standards on the use of the death penalty.
These included expansion in the scope of the death penalty, mandatory death sentences -- for example for drugs and firearms offences -- and a lack of safeguards to prevent execution of children and the mentally ill.
Doing without, for how long?
Amnesty International welcomed the "current hiatus" on executions in the past decade, and said this "illustrates that the people of India are willing to live without the death penalty".
The last execution in India was carried out in August 2004, when Dhananjoy Chatterjee was hanged for the 1990 rape and murder of a girl. He was the first person to be hanged in India for over six years, having spent more than 14 years in prison.
However this week the Times of India reported that on May 16 a Bettiah court issued a "black warrant" for the execution of Prajeet Kumar Singh.
The newspaper said authorities in Bhagalpur Central Jail were preparing for its first execution in 13 years, which by law must take place between 21 and 28 days from a warrant being issued.
It quoted prison superintendant Uma Kant Sharan as saying the gallows would have to be readied and a hangman recruited.
"A separate request will be made to manufacturers of the special noose rope in Buxar," he said.
Prajeet's family, however, has reportedly lodged a petition for mercy with the President.
Related stories:
India: The politics of hanging -- 16 January, 2007
Tuesday, 27 May 2008
Australia: Hanged man pardoned after 86 years
[Please note: long post]The Victorian Government today announced it had pardoned Colin Campbell Ross (pictured), 86 years after he was hanged for the murder of a Melbourne schoolgirl.
Nell Alma Tirtschke was murdered on New Year's Eve 1921, and her naked body dumped in the dead-end Gun Alley, off Little Collins Street in Melbourne.
Ross, the 28 year-old owner of a wine saloon in nearby Eastern Arcade, always strenuously maintained his innocence. He was executed at Old Melbourne Gaol in April 1922, less than four months after the murder.
The 12 year-old girl was running errands for her aunt that afternoon, but the prosecution claimed in court that Alma was instead inside the saloon, where Ross plied her with wine before raping and strangling her in a back room. Witnesses identified him as the man who returned later that night to dump her body in the alley.
He was convicted on the basis of that testimony, a "confession" made to a fellow prisoner and the crucial "match" of hairs on a blanket found at his house with hair taken from the dead girl's head.
Deputy Premier and Attorney-General Rob Hulls said today the pardon followed a joint petition for mercy made by the families of Ross and Alma Tirtschke in October 2005.
The petition was signed by Ross' niece, Betty Everett, and Alma Tirtschke's niece, Bettye Arthur. It drew on evidence uncovered by a researcher who wrote a book about the case, which came to be known as the 'Gun Alley' murder.
Kevin Morgan's book Gun Alley: Murder, Lies and the Failure of Justice was based on 15 years of research into the case.
First review of its kind
In what is thought to be an Australian legal first, Hulls referred the application to the trial division of the Supreme Court of Victoria, which convened a panel of judges to examine the case and provide an opinion to the Attorney-General.
The three judges came to the conclusion in December 2007 that "that there has been a miscarriage of justice".
In the course of his research, Morgan tracked down the hair samples -- the only physical evidence linking Ross to the crime -- and had them examined using modern scientific analysis.
That analysis concluded the two hair samples were not from the same person.
At the time of the trial, the Crown had refused to make the samples available for testing by the defence.
Morgan also found that the jailhouse confession was reported by a prisoner with a record of perjury, a fact not disclosed to the jury.
Defence witnesses who placed Ross on a tram going home at the time of the murder were discounted at the trial.
Lifting the fear
According to a report in The Age newspaper, the pardon has taken an enormous weight from the descendents of both Alma Tirtschke and the man killed to punish her murder.
Morgan said: "A big stain on the legal system has finally been expunged, and a shadow on two Australian families has also been lifted.
"That justice has finally been done for the Ross and Tirtschke families after 86 years is a tremendous outcome."
The girl's niece, Bettye Arthur, said: "It is a tragedy for everybody that the actual perpetrator was not caught, and an innocent man lost his life."
She said her mother, Alma's younger sister, had been deeply affected by the murder.
"The actual pardon has also helped restore the reputation of Alma, because it shows that she didn't enter the wine bar as was said in the trial. She was a good girl," Mrs Arthur said.
Colin Ross' niece Betty Everett, said the pardon took the fear and doubt out of the family secret in the shadow of which she had grown up.
"I had lived with this fear and doubt for most of my life, the more so as I began to have children, that perhaps I carried the genes of a murderer," she said.
"That shadow has gone."
Attorney-General Hulls acknowledged the families' campaign for the pardon.
"The pardon is a tribute to the families of Colin Campbell Ross and Alma Tirtschke for their persistence," he said.
"These families have come together to right a historical wrong.
"I trust the pardon will provide some relief from the suffering that this terrible human tragedy has caused the Ross and Tirtschke families, and allow these wounds to heal."
"A retrial is not possible"
While the pardon is a recognition that Ross almost certainly did not kill the girl, the Attorney-General said in a statement issued today that a pardon is "not the same thing as a declaration of innocence".
"In the circumstances of the case a re-trial is not possible," Hulls said.
"A pardon is recorded against the conviction in recognition that the State forgives the legal consequences of the crime.
"The serious doubts about Mr Ross' conviction underscore why this government abhors the death penalty, which was formally abolished in Victoria in 1975."
Today Hulls presented both families with framed letters of pardon signed by the Governor.
"This is a tragic case where a miscarriage of justice resulted in a man being hanged," Hulls told The Age newspaper.
"May be others"
Victorian Premier John Brumby said science had virtually exonerated Ross, but there may be other cases of innocent people hanged in the state's history.
"Science in particular I think has proven beyond reasonable doubt that he could not have committed that crime."
According to a report on ABC Radio, the Premier said the case showed how far forensic technology had come, and it reinforced Victoria's decision to formally abolish the death penalty in 1975.
Premier Brumby told Fairfax Radio it was not inconceivable there could be other instances of people being executed for crimes they didn't commit.
"If you went back through every single case and you had the evidence still around to scientifically test, forensically test, there may well be some other cases," he said.
AAP said he added the case showed the law was not perfect and mistakes could happen.
"It might only be one mistake in a hundred but in that one case in a hundred, the damage, obviously, that you do to the individual is irredeemable - you take their life, so it's a very strong argument against capital punishment," he said.
'A miscarriage of justice'
Attorney-General Hulls referred the case to the trial division of the Supreme Court of Victoria in October 2006, pointing to the petition's claim that fresh evidence had been uncovered, essentially consisting of "new forensic evidence and new character evidence about one of the witnesses".
He asked the court to determine "whether there was a miscarriage of justice in the conviction of Mr Ross in the light of evidence now available".
Given the importance of the hair evidence, both as circumstantial evidence and to the interpretation of the evidence from key prosecution and defence witnesses, the Supreme Court said "we are driven to the conclusion that there has been a miscarriage of justice as that concept is applied by the appellate courts".
The court noted that the finding of a miscarriage would not automatically lead to an acquittal. Rather, in this sort of case it would lead to a conviction being quashed and a retrial ordered.
Since a retrial was not possible, the conviction could be referred to the Court of Appeal or the Attorney-General could independently grant a pardon.
The pardon was reportedly signed by the Governor of Victoria on Friday.
Wednesday, 30 April 2008
Viet Nam: Life, and death, sentences for drugs
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
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
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
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