Saturday, 28 February 2009

South Korea: Murders spark debate on death penalty

[Please note: long post]

Police investigations into an alleged serial killer in South Korea have sparked renewed debate about the use of death sentences and the execution of convicted murderers.

Ministers from the ruling Grand National Party (GNP) have decided on a series of "countermeasures" against crime, including increased sentences and a genetic database, and called for the government to retain and use the death penalty for the worst offenders.

According to The Korea Herald, Kang Ho-soon allegedly confessed to killing seven women in the past two years and "calmly demonstrated his crimes, without signs of regret or agitation" during a two-day investigation at the crime scene in early February.

The maximum penalty for murder with rape is life or the death penalty.

GNP parliamentarian Park Jun-seon said the death penalty was the "only way'" to deal with criminals such as Kang.

"I believe every South Korean citizen demands the serial killer be put to death," he said.

"Maintaining the death penalty would help reduce such crimes and serve as a 'last resort' in keeping those gravely undermining social safety away from society permanently."

The party's 'first policy coordinator' Chang Yoon-seok said he had told the government that public opinion was in favour of enforcing the death penalty.

"I communicated to the government that there is high level of public opinion that the death penalty must be enforced," Chang said, according to The Hankyoreh.

But he said there was no agreement with the government on whether this would occur.

The Justice Ministry recently released the results of a survey that found more than 60 per cent support for the death penalty.

The survey of 3000 people over 19 years old found 64 per cent of respondents were in favor of a resumption of executions. About 18 per cent of those surveyed said they were against it and 17 per cent were undecided.

'Executions no solution'
Human rights organisations and religious groups condemned calls for a resumption of executions.

"The prevention of violent crimes is not a problem solved through the execution of violent laws," a representative of the Catholic Human Rights Committee said.

Enforcement of the death penalty and the establishment of a gene bank would represent "a major step backward for the human rights policy that South Korea has been improving all this time".

The country's human rights watchdog expressed its concern about the debate and called for the complete abolition of laws providing for the death penalty.

"South Korea needs to scrap the death penalty completely to become an advanced nation in terms of human rights protection," the National Human Rights Commission of Korea said in a statement.

"The commission is concerned about the resumption of the death penalty being discussed across society lately. South Korea would degenerate into a backward country in terms of rights protection if capital punishment is resumed.

"A mature society does not obtain security by sacrificing human rights and human life."

Amnesty International's Secretary-General Irene Khan wrote to President Lee Myung-bak acknowledging public concern over the murders but urging him not to return to carrying out executions.

"I would like to stress that our opposition to the death penalty does not in any way distract from the sympathy for the victims of violent crimes and their loved ones," she wrote.

"However, Amnesty International opposes the death penalty in all cases and considers it a violation to the right to life and the ultimate cruel, inhuman and degrading punishment."

She said a resumption of executions would run counter to a "clear international trend toward abolition of the death penalty".

"I urge the Government of South Korea to signal its embrace of the international trend to move away from using the death penalty and to refrain from reintroducing executions," she said.

Abolitionist in practice
Justice Ministry figures show there are currently 58 people on death row in South Korea, but the country has not carried out any executions for over 10 years.

Amnesty International declared in December 2007 that South Korea was therefore an abolitionist country "in practice".

The last executions in South Korea were on 30 December 1997, when 18 men and 5 women were hanged in prisons across the country. The mass hangings were the first executions in the country for two years.

Kim Dae-Jung, himself a former death row inmate sentenced to die on trumped up political charges, began the practice of not carrying out executions when he took office in 1988.

The constitutional court is set to consider a challenge to the death penalty in June.

Justice bureaucracy sceptical
The Korea Herald reported that the Justice Ministry was sceptical about carrying out death sentences again, despite public support for it.

"In the past scandalous serial murder cases, public opinion also demanded the death of the killers, but it was just not enough to resist the worldwide legal trend of capital punishment abolishment," the paper quoted an unnamed Justice Ministry official.

"The very nature of the death sentence is controversial, and Kang's case alone will probably not reverse the present flow of criminal punishment."

The ministry has previously opposed moves in the National Assembly to abolish the death penalty, but in February 2006 it announced it was reviewing the death penalty and considering replacing executions with life imprisonment.

But in April 2008, the ministry announced it would seek sentences of life imprisonment or the death penalty for the sexually assault and murder of children under 13 years of age.

Related stories:
South Korea: Challenge to death penalty law -- 13 October 2008
South Korea: Death penalty for child murders? -- 09 April 2008
South Korea: Renewed calls for abolition -- 12 October 2007
South Korea: death penalty not on 'roadmap' -- 19 February 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 -- 06 March 2006
South Korea – former president calls for abolition -- 27 February 2006

Thursday, 19 February 2009

More lethal injections for Chinese province

Another province in China will replace firing squads with lethal injection as its method of execution.

Official newsagency Xinhua reported the chief justice of Liaoning province in northeast China last Saturday announced the end of execution by shooting (14 February).

Lethal injection was first used in Liaoning in November 2001, but shooting was still used to carry out death sentences in six of the province's 14 cities, said Wang Zhenhua, president of the Liaoning Provincial Higher People's court.

"Lethal injection reduces the pain and fear of the condemned. It is a more humane way for them to die," said Mou Ruijin, associate professor of the Law School of Northeast University.

According to Xinhua, "officials from the Liaoning Provincial Higher People's Court said lethal injection was more acceptable for convicts and their family members".

In June 2006 Zhejiang province in eastern China announced it would carry out all executions by lethal injection from 1 September that year.

A senior official of the Supreme People's Court (SPC) said in January 2008 that lethal injection would eventually replace shooting in all executions ordered by intermediate courts.

SPC vice-president Jiang Xingchang said at the time that half of the country's 404 intermediate people's courts, which carried out most executions, currently used lethal injections.

"It is considered more humane and will eventually be used in all intermediate people's courts," Jiang told China Daily.

He said the SPC would assist local courts by distributing the toxin used in lethal injections.

Yunnan province in southwest China was the first to move exclusively to lethal injection in 2003.

According to Xinhua, the first lethal injection in China was carried out in Kunming on March 28, 1997.

Human rights campaigners have long rejected claims that lethal injection was "more humane" than other forms of execution, arguing the scientific evidence showed it could actually cause convulsions and a prolonged and painful death.

Related stories:
AI condemns China's expanded lethal injection -- 5 January 2008
Minister wants ‘tranquil’ killing: Japan -- 29 October 2007
Indonesia considers lethal injection -- 19 March 2007
China: Another province takes up the needle -- 20 June 2006

Friday, 30 January 2009

Abolition proposal to Pakistan's president

Pakistan's president Asif Ali Zardari has received a proposal to convert death sentences to life imprisonment, according to a television report quoted by the Daily Times.

The newspaper reported today that the Interior Ministry sent a summary proposal to the president for approval.

According to the Pakistani newspaper, the television report said the federal government sent the proposal to the Law Ministry six months ago, which then forwarded a revised draft to the Interior Ministry.

It said if the law was approved, it would not apply to "people sentenced to death for terrorist attacks harming national integrity".

In June 2008, prime minister Yousuf Raza Gilani announced the government would propose to the president that all death sentences be commuted to life imprisonment.

If it was applied to Pakistan's current death row population, up to 7,000 death row prisoners could be spared execution by hanging.

Despite the review, president Asif Ali Zardari released a new ordinance on electronic crime in early November making 'cyber-terrorism' a capital offence, and human rights organisations have reported that prisoners were still being executed.

Related stories:
Pakistan's mixed signals on death penalty -- 2 December 2008
Will Pakistan's death row be emptied? -- 24 June 2008

Thursday, 29 January 2009

Japan: New year, more hangings

Human rights campaigners have condemned the first executions carried out in Japan in 2009, following the hanging of four prisoners in three cities this morning [29 January].

The Justice Ministry reportedly confirmed the men, all executed for murder, were:
  • Shojiro Nishimoto, 32, hanged at the Tokyo Detention Center
  • Yukinari Kawamura, 44, and Tetsuya Sato, 39, hanged in Nagoya
  • Tadashi Makino, 58, hanged in Fukuoka.
Amnesty International (AI) expressed concern in December that Makino Tadashi could soon be executed, after his latest appeal for clemency was rejected on 30 September.

"These are heinous cases which destroyed precious human lives," justice minister Mori Eisuke said, according to a report by AFP newsagency.

"I ordered the executions after cautious examination."

Mori Eisuke has now sent six men to the gallows since he was appointed justice minister on 24 September 2008.

He previously approved two executions, with the hanging of Michitoshi Kuma, 70, and Masahiro Takashio, 55, on 28 October.

The Japanese section of Amnesty International condemned the latest executions.

"We feel strong anger over these executions," the organisation's Tokyo branch said in a statement quoted by AFP.

"The Japanese government should recognise its international obligation to establish a criminal justice system which does not rely on capital punishment"

Japan executed a total of fifteen people in 2008, the highest rate in more than thirty years.

Related stories:
Executions in Japan -- 2006 - 2008 -- 2 January 2009
Japan may execute before year ends -- 16 December 2008
Japan: Record toll with new hangings -- 28 October 2008
Japan: New minister faces next hanging -- 14 October 2008
Japan: New minister sends three to death -- 12 September 2008

China: Death over milk, but no official answers

Two men have been sentenced to death in China and 19 people jailed over a milk contamination scandal that killed six infants and left hundreds of thousands with chronic health problems.

However there has been no public accounting for how the Sanlu Group was permitted to sell milk powder cut with plastic chemicals -- and to continue supplying hundreds of tons of the product for five weeks after the contamination was revealed in official testing.

Zhang Yujun and Geng Jinping were sentenced to death for producing and selling baby milk powder laced with melamine powder to artificially boost test results meant to measure protein levels.

Chinese government newsagency Xinhua reported that Zhang Yujun was convicted of endangering public safety for producing 770 tons of "protein powder" and selling more than 600 tons.

Geng Jinping, convicted of manufacturing and selling toxic food, sold Sanlu more than 900 tons of milk tainted by 434 kg of protein powder.

Four former Sanlu executives received sentences ranging from five years to life imprisonment, according to the Xinhua report.

"The Ministry of Health has put the number of infants who died after drinking melamine contaminated milk products at six," the report said.

"Another 296,000 infants suffered kidney stones and other urinary problems."

Official reports blamed Sanlu for continuing to sell contaminated milk products after test results revealed it had been supplied with suspect "protein powder".

"The management of Sanlu decided to continue producing baby milk powder containing melamine after the Hebei Provincial Entry-Exit Inspection and Quarantine Bureau confirmed on Aug. 1 last year that samples sent by the company were contaminated," Xinhua said.

"From Aug. 2 to Sept. 12 last year, Sanlu Group produced 904 tons of melamine-tainted baby formula powder and sold 813 tons of the tainted products, making 47.5 million yuan."

Selective blame
Western media reported that local government officials ordered the state-controlled company to keep quiet and prevented it from recalling the products from sale ahead of the 2008 Olympic games.

The contamination was only acted on when the New Zealand government reported it to Chinese authorities. New Zealand company Fonterra had a 43 per cent stake in Sanlu, which it has since written off.

And while 22 companies were said to be involved in the scandal, only executives from Sanlu and a range of middlemen have so far been charged, prompting accusations of corruption or scapegoating.

China's english language media also did not report accusations against the government by the families of victims of the scandal.

"I think the government officials involved should shoulder the criminal responsibilities they deserve," said Zhao Lianhai, whose three year-old son was affected by the milk and who has campaigned for compensation.

"They should be put on trial as well, but I'm sorry to say that nothing is happening," he said, according to the UK's Daily Telegraph.

Related stories:
China: Executions to preserve order, control -- 12 December 2008
China executes drug regulator -- 12 July, 2007

Tuesday, 13 January 2009

Organ transplant after execution: Singapore

A prominent Singapore businessman reportedly received a kidney transplant last Friday using an organ donated by an executed gangster.

According to The Straits Times, police confirmed former gang leader Tan Chor Jin was hanged in Changi prison on the morning of 9 January, for the 2006 shooting of a nightclub owner.

The paper reported that retail magnate Tang Wee Sung received the kidney transplant later in the day in the National University Hospital.

Tan, 42, was executed about two weeks after his appeal for presidential clemency was rejected in the last week of December.

Singapore's president has granted clemency only six times since the country since independence in 1965.

Singapore newspapers reported in the days before Tan's execution that he had told his wife and mistress he wanted to donate his organs after his death.

Tan, 42, was convicted in May 2007 of discharging a firearm, which carries a mandatory death penalty.

The High Court was told he entered nightclub operator Lim Hock Soon's flat on the morning of 15 February, 2006, ordering him to tie up his wife, daughter and their maid. Tan fired six rounds from a pistol, hitting Lim five times and killing him instantly.

He was arrested in a hotel raid by Malaysian police after he fled to Kuala Lumpur.

The High Court rejected his defence arguments that he had been drunk, the shots were fired accidentally and he had acted in self-defence after Mr Lim threw a chair at him.

Tan discharged his lawyer and represented himself during his trial, but he was represented in his appeal by criminal lawyers Subhas Anandan and Sunil Sudheesan.

He was referred to by the media as a triad gang leader and the 'One-eyed Dragon' because he was blind in his right eye.

The New Paper claimed in 2006 that Tan was hired by a Malaysian crime syndicate to kill Lim in a dispute over gambling winnings.

Tang was jailed for a day and fined $17,000 in 2008 in the country's first organ trading case, after he was convicted of trying to buy a kidney from an Indonesian.

In the previous reported execution, Singapore hanged Mohammed Ali Johari on 19 December 2008 for the murder of his 2-year-old stepdaughter.

Friday, 2 January 2009

Executions in Japan -- 2006 - 2008

Japan has executed 28 people since December 2006. All were hanged for crimes including murder.

Justice minister Mori Eisuke
+ Appointed minister 24 September 2008
+ Approved 2 executions (to end 2008)

28 October 2008
Michitoshi Kuma, 70 (Fukuoka)
Masahiro Takashio, 55 (Sendai)

Justice minister Okiharu Yasuoka
+ Minister from August -- September 2008
+ Approved 3 executions
+ Approved 3 further executions when he served as justice minister from July -- December 2000

11 September 2008
Yoshiyuki Mantani, 68 (Osaka)
Mineteru Yamamoto, 68 (Osaka)
Isamu Hirano, 61 (Tokyo)

Justice minister Kunio Hatoyama
+ 27 August 2007 -- August 2008
+ Approved 13 executions

17 June 2008
Tsutomu Miyazaki, 45 (Tokyo)
Shinji Mutsuda, 37 (Tokyo)
Yoshio Yamasaki, 73 (Osaka)

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)

Justice minister Jinen Nagase
+ Minister from 26 September 2006 -- August 2007
+ Approved 10 executions

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, who was justice minister from October 2005 -- September 2005, approved no executions as a result of his Buddhist religious beliefs.

The last execution prior to his appointment was reported to have been on 16 September 2005.

Related stories:
Japan: Record toll with new hangings -- 28 October 2008
Japan: New minister sends three to death -- 12 September 2008

Tuesday, 16 December 2008

Japan may execute before year ends

There are fears Japan may carry out more executions after the current session of parliament is due to end on 25 December.

The country doesn't usually execute while parliament is in session, raising concerns of a spate of hangings each time the Japanese parliament (Diet) goes into recess.

Japan has executed fifteen people so far in 2008, the highest rate in more than thirty years.

The last executions were carried out in October, when two convicted murderers were sent to the gallows by new justice minister Eisuke Mori, who had only been in the job a matter of weeks.

Next in line?
Amnesty International (AI) is concerned Makino Tadashi may be among those hanged before the end of the year.

Makino Tadashi has been at serious risk of execution since 30 September, when his latest appeal for clemency was rejected.

He was sentenced to death in 1990 for murdering a woman and injuring two others, after previously serving 16 and a half years in prison for a murder and robbery committed when he was 19 years old.

According to AI appeals, his lawyers argued unsuccessfully during his trial in 1994 that "he lacked adequate mental capacity and could not be responsible for his crimes".

A series of appeals and legal challenges have all been rejected.

Increasing toll
There has been a rapid increase in executions in Japan since December 2006, with 28 people hanged in two years.

Japan executed four prisoners, including two men over seventy years of age, on 25 December 2006, Christmas Day.

Activists and lawyers had earlier expressed concern that the government would resume executions after the final parliamentary session for the year.

Executions in Japan are usually carried out in secret, and prisoners are only given a few hours notice they are about to die.

According to AI, "this means they must spend their entire time on death row fearing they could be taken for execution at any time".

The organisation said their families "typically receive no notice at all".

Urging action
AI is encouraging people to write letters of appeal to Minister of Justice Eisuke Mori urging him not to execute Tadashi Makino, and calling on him to end the secrecy surrounding the death penalty and order an immediate moratorium on the death penalty.

Appeal letters should be sent to:

MORI Eisuke
Minister of Justice
1-1-1 Kasumigaseki
Chiyoda-kuTokyo 100-8977, Japan
Fax: +81 3 3592 7088
+81 3 5511 7200 (via Public Information & Foreign Liaison Office)

Salutation: Dear Minister

Related stories:
Japan: Record toll with new hangings -- 28 October 2008
Japan: New minister faces next hanging -- 14 October 2008
Japan: New minister sends three to death -- 12 September 2008
Executions in Japan -- 2006 - 2008 -- 12 April 2008
Japan: Minister steps up rate of hangings -- 12 April 2008
Long wait, sudden death in Japan -- 28 August 2006

Friday, 12 December 2008

China: Executions to preserve order, control

[Please note: long post]

China concluded three prominent capital cases with the execution of four defendants in late November.

They included:
* Wo Weihan, a medical scientist convicted of spying and shot in Beijing on the morning of 28 November
* Yang Jia, who was executed on 26 November following his conviction for the murder of six police officers
* Wang Zhendong, who ran a financial scam involving non-existent ant farms, also executed on 26 November.

Scientist or spy?
Wo Weihan, 59, was convicted of spying for Taiwan in a trial condemned as unfair by his family and human rights groups.

His case attracted international attention after public appeals for his life from his daughters, the European Union and Austria. His wife and daughter were reportedly Austrian citizens.

Chinese media reported that his co-accused, 66 year-old missile expert Guo Wanjun, was executed on the same day. His case, however, did not generate international appeals.

Amnesty International (AI) issued several appeals urging Chinese authorities not to execute Wo Weihan and expressing concern he may not have received a fair trial, "particularly as he was not allowed prompt access to a lawyer".

In the days before the execution, AI said Wo Weihan should be pardoned rather than executed.

It said the charges against Wo Weihan included that he discussed the health of senior Chinese leaders, which was considered a state secret, and that he sent information from a "classified" magazine, which was actually available in the Chinese Academy of Sciences library.

"Available information suggests that Wo Weihan did not receive a fair trial according to international standards," said Sam Zarifi, the organisation's Asia Pacific Director.

"He was convicted of violating China's vaguely-defined state secrets law. China is entitled to prosecute people for spying but for him to be killed by the Chinese government is cruel and inhumane."

The organisation said his family claimed he confessed to the charges "in the absence of a lawyer and ... he later recanted his confession and claimed innocence, which raised doubts over his treatment in detention".

One of his daughters said her father did not receive a fair trial.

"The execution is not fair. The process was not transparent," she said.

"The evidence in the verdict was vague and circumstantial, and he was found guilty through a confession that was forced out of him and which he retracted later in court. We can only now appeal to stop any execution and keep my father alive."

His family was not officially informed of the execution and two of his daughters issued a statement afterwards saying they were "deeply shocked, saddened, disappointed and outraged".

"We, the family, were not allowed to say goodbye. We were also denied the most fundamental and universal right of information about what was happening with our father. Throughout these four years since our father's arrest, the family was kept in the dark."

Europeans condemn, Chinese defensive
Austrian foreign minister Ursula Plassnik condemned the "cold-hearted and inhuman approach taken by the Chinese judiciary” in the case, and extended her condolences to his family.

"The fact that the execution was abruptly carried out on the day of the human rights dialogue between the EU and China emphasizes the ruthlessness and coldness with which this case was handled," she said.

China was stung into defending the evidence against Wo and the conduct of his trial, issuing several statements in the week after the execution and publishing detailed allegations against him in state-run media.

Chinese foreign ministry spokesman Qin Gang said Wo was convicted after a "just and fair trial" and Europen criticism was "a direct interference in China's judicial sovereignty".

According to Xinhua, Qin Gang said all citizens were equal before the law, and Wo could not be made an exception "simply because he has foreign relatives".

Mental illness claims over Yang Jia
Unemployed Shanghai man Yang Jia, 28, was executed on 26 November for killing six police officers with a knife in a 1 July attack on Shanghai's Zhabei district police station.

He was convicted of premeditated murder after a closed trial and sentenced to death on 1 September by Shanghai No. 2 Intermediate People's Court.

The Shanghai Higher People's Court rejected his appeal against the death sentence on 20 October.

The Supreme People's Court approved his death sentence on 21 November, five days before he was shot.

Some reports said he was taking revenge on police for beating him in custody in October 2007, after he was arrested for riding an unlicensed bicycle and accused of stealing it.

Chinese media reports referred to claims he had unsuccessfully sued police for "psychological distress" over his interrogation, but only international reports referred to the allegations of ill-treatment by police.

Yang's lawyers argued at his trial and appeal hearings that he was suffering from mental illness at the time of the attack, but the court ruled he was mentally competent at the time.

His case generated relatively widespread discussion within China, and conflicting reports from his father and local lawyers regarding his legal representation.

Ant scammer executed
Wang Zhendong, general manager of a fake scheme to breed ants, was executed for fraud on 26 November in Liaoning Province, northeast China.

Fifteen other company managers were jailed for between five and 10 years by the Yingkou Intermediate People's Court last February.

Xinhua reported that investors lost 3 billion yuan (417 million U.S. dollars) in the scam between 2002 and 2005.

The report said more than 10,000 joined the scheme to breed ants to make liquor, herbal remedies and aphrodisiacs, which Wang promised would earn returns of 35 to 60 per cent.

The AFP newsagency said some small investors lost their life savings in the racket.

"Fake investments and pyramid investment schemes have become common during China's transition from a planned economy to a free market," AFP said.

"Chinese leaders have tried to eradicate the scams, fearing widespread losses could add to already percolating social unrest."

Tuesday, 2 December 2008

Pakistan's mixed signals on death penalty

Two human rights organisations have urged the government of Pakistan to suspend executions while it considers a proposal to commute all death sentences.

The Human Rights Commission of Pakistan (HRCP) and the International Federation of Human Rights (FIDH) asked the government to ensure no-one was executed while the constitutionality of the proposal was considered by the Supreme Court.

In an open letter to the prime minister of Pakistan, Syed Yousaf Raza Gilani, they "welcomed this initiative as a historical breakthrough in the fight against the death penalty" but expressed concern that prisoners could still be hanged while it was being examined.

On 21 June, the prime minister announced the government would recommend to president Pervez Musharraf that all current death sentences be commuted to life imprisonment.

The government tabled a written statement in the national assembly on 21 November confirming the Law Ministry was considering the proposal.

The government was also reportedly reviewing laws relating to various capital offences, including laws for anti-terrorism, rape and gang rape, to examine any amendments that could be made consistent with Islamic principles.

Amnesty International reported on 31 October that 15 people had been executed since the prime minister's June announcement.

Review, but expansion
Despite the June announcement and the review, the government of Pakistan has given mixed signals on the death penalty recently with the announcement that the scope of the death penalty would be expanded to include 'cyber-terrorism' offences.

President Asif Ali Zardari released a new ordinance on electronic crime in early November making 'cyber-terrorism' a capital offence.

According to an AFP report, the ordinance would provide that: "Whoever commits the offence of cyber-terrorism and causes death of any person shall be punishable with death or imprisonment for life."

The report said the Prevention of Electronic Crimes Ordinance, which had yet to be approved by parliament, covered crimes that used computers or other electronic devices to threaten national security.

It would apply to Pakistanis and foreigners living in the country and abroad.

The HRCP criticised the proposal, noting that "under customary international human rights law, the death penalty is accepted only in very rare circumstances -- including the most extreme nature of crime carried out with the use of lethal weapons".

It said the law would be seen as "an oppressive law unless the punishments are proportionate to the crime and do not involve the death penalty".

"The present legal system in Pakistan does not guarantee due process and therefore the imposition of the death would only add to the miscarriage of justice suffered by thousands of people executed by the State," the organisation said in a statement.

State of justice
The open letter, by HRCP chairperson Asma Jahangir and FIDH president Souhayr Belhassen said the Supreme Court had intervened to review the constitutionality of the proposal in light of the in light of the country's Qisas and Diyat Ordinance.

The organisations argued that the law relating to Qisas and Diyat in effect withdrew the state -- and therefore the rule of law -- from deciding the punishment for crimes such as manslaughter and murder.

Instead the victim’s heirs determined the punishment, including the consideration of any pardon or compensation.

"FIDH and HRCP have repeatedly asked for a profound reform of the Qisas and Diyat Law because it de facto amounts to a privatisation of justice, as the offences of physical injury, manslaughter and murder are no longer offences to the state, but are considered a dealing between two private parties," the letter said.

"The State withdraws from one of its main responsibilities, as it no longer is the guardian of the rule of law through the exercise of justice.

"In addition, under this law, pardoning a condemned prisoner in case of murder rests solely with the heirs of the victim, rather than with the President, contrary to Article 45 of the Constitution.

"Indeed, under this ordinance, passed as a law in 1997, the aggrieved party is given precedence to choose the penalty for the culprit. Under Islamic law, the punishment can either be in the form of qisas (equal or similar punishment for the crime committed) or diyat (compensation payable to the victim's legal heirs)."

Pakistan has one of the largest death row populations in the world, with about 7,000 people believed to be living under sentence of death.

World Day appeal
The HRCP issued a statement on the World Day Against Death Penalty (10 October) noting "that the systematic and generalized application of death penalty had not led to an improvement of the law and order in the country".

"It is ironic that while Pakistan has one of the highest rates of conviction to capital punishment in the world with around 7,000 convicts on the death row in Pakistan today, yet its law and order is alarmingly dismal," the organisation said.

On the contrary, "[t]he massive application of death penalty has not strengthened the situation of law and order in the country".

"The HRCP argued that the death penalty was discriminatory, unfair and utterly inefficient and must be abandoned in accordance with the international human rights law."

Related stories:
Will Pakistan's death row be emptied? -- 24 June 2008
Call for abolition: Pakistan columnist -- 17 October 2006
Pakistan: Thousands in "brutal" system -- 12 October 2006

Monday, 24 November 2008

Indonesia: Five more set to die

Indonesia plans to execute five people before the end of this year, including a Nigerian convicted of drug offences.

According to a report by The Jakarta Post, assistant attorney general for general crimes Abdul Hakim Ritonga said the remaining four were Indonesians.

The newspaper said the executions would be carried out on Nusakambangan Island

Five executions have been carried out on the island since June, with two Nigerians shot for drug trafficking and three Indonesians for terrorism offences.

Assistant attorney general for general crimes Abdul Hakim Ritonga said on 14 November that there were 92 prisoners on death row in Indonesia, although they were at varying stages of their appeals and applications for presidential clemency.

Some 14 had appealed to the president for clemency, 38 had filed judicial reviews and the rest were undecided about their next courses of action.

"The death sentences of the 92 convicts have been declared legally binding and are pending administrative procedures [before they are carried out]," he said.

Bonaventura Daulat Nainggolansaid, a spokesman for the attorney general, said in August that 39 convicted drug traffickers would be executed by the end of 2009, including foreign nationals.

"The president has rejected clemency for 39 people, so the next stage for them is execution," said Indradi Thanos, head of the national police drugs unit, according to a Reuters report.

Related stories:
Indonesia executes Islamist terrorists -- 9 November 2008
Firing squad: Seven minutes to die -- 26 August 2008
Indonesia: More to die for drugs -- 12 August 2008
Indonesia: Record number executed in four weeks -- 20 July 2008
Indonesia: Drug offenders executed, more to come -- 29 June 2008
Drug penalty violates international law -- 06 May 2007

Sunday, 23 November 2008

Viet Nam: Death penalty reduction debated

Deputies in Viet Nam's national assembly (NA) have debated a proposal to reduce the number of capital crimes, including for corruption, bribery and producing fake drugs.

According to Thanh Nien News, the current session of the NA considered an amended draft criminal code, which would see the death sentence removed from 17 of the current 29 capital offences.

NA deputies spoke against removing the death penalty for these offences at sittings on 7 November.

"It is necessary to retain death sentences for embezzlement and bribery to prevent people from engaging in the crimes, as our fight against corruption is now very fierce," said Nguyen Dang Trung, NA deputy and Chairman of the Ho Chi Minh City Bar Association.

Earlier in the week, judicial committee chairwoman Le Thi Thu Ba said the death penalty was necessary for bribery and corruption because they were "a national disaster".

The Thanh Nien report said deputies told the NA the death penalty should not be removed from crimes such as manufacturing counterfeit food and pharmaceutical products, because "it could affect human life on a large scale, hinder smooth economic growth and cause other serious consequences".

Other deputies argued it would not be reasonable to remove the death sentence for crimes against humanity and national security, when an offender could be executed for killing one person.

The reported comments left open the possibility that the death penalty could be removed for other offences on the proposed list, including for rape, fraud, smuggling and organising the illegal use of drugs.

"Developmental" need to kill
Presenters at a seminar in October argued the death penalty was necessary to deal with "extremely dangerous crimes", particularly given the country's current stage of development.

The VNA news service reported the workshop, organised by Vietnam's Institute of State and Law and Germany's KAS Institute, discussed the use of the death penalty and the possibility of abolition.

It reported that unnamed legal experts pointed to "the experiences of some countries at a similar developmental level to Vietnam" to argue the death penalty was needed to deter potential criminals against "certain crimes".

"They agreed that the abolition of the death penalty should follow a road map with specific steps depending on certain social conditions," the report said.

This is similar to the argument used by senior officials in China, who have argued the county needed to achieve a certain level of development before it could abolish the death penalty.

Notwithstanding this argument, the officials have been unable to point to evidence that the death penalty provides a greater degree of deterrence than other, less severe, punishments.

Ministry proposal
Vietnamese media reported in July that the Ministry of Public Security recommended the death penalty be abolished for 12 crimes, including smuggling, trading in false products and hijacking (ADP story here).

VietNamNet reported a recommendation would be made to the National Assembly to amend the Criminal Code to limit the penalty to what the paper described as "only to those committing the most heinous crimes and people considered to be a serious danger to the community and the nation's security".

"The aim of the amendment is to make the country’s criminal code more compliant with world trends to humanise laws and completely abolish the death penalty," said Nguyen Ngoc Anh, head of the Legal Department of the Ministry of Public Security.

In 1999, the number of offences attracting a death sentence was reduced from 44 to 29 offences.
VietNamNet said 116 people were sentenced to death in 2006 and 95 in 2007, although it did not confirm how many people were actually executed.

The July VietNamNet report said the full list included: appropriating property by fraud; smuggling; producing and trading fake food and medical products; being involved in producing, storing and circulating counterfeit money, bonds and cheques; organising the illegal use of drugs; hijacking aeroplanes or ships; corruption; taking and giving bribes; destroying army weapons or technical equipment; being involved in an invasion; anti-human crimes and those convicted of war crimes.

Human rights call
On 10 November Amnesty International encouraged Vietnamese authorities to "carry out the proposed reforms and introduce a moratorium on executions with a view to abolishing the death penalty".

It said Vietname authorities did not allow international standards for fair trials to be followed in practice.

"Legal counsel is often assigned to defendants at the last minute, allowing little pre-trial preparation," the organisation said.

"The defence is not always allowed to call or question witnesses, and private consultation with counsel may be limited.

"In many cases, all the defence counsel can do is plead for clemency."

Related stories:
Viet Nam: Reduction in death penalty offences? -- 23 July 2008
Viet Nam death penalty "not deterring drugs" -- 25 November 2006

Thursday, 13 November 2008

Australia tries to reclaim principle

The Australian government has attempted to restore its credibility on the death penalty after the prime minister last month appeared to support the execution of the Bali bombers.

Ten days before the executions were carried out, prime minister Kevin Rudd said Australia was "universally opposed to the death penalty".

And hours after the three convicted terrorists were shot by firing squad, foreign minister Stephen Smith said Australia would support an upcoming moratorium resolution in the United Nations (UN) General Assembly.

However no senior member of the government has publicly said the men should not have been shot for the 2002 attacks which killed 88 Australians.

Lawyers acting for three Australians on death row in Indonesia criticised the government's silence on the executions, saying this selective approach would be detrimental to their clients' interests.

'Deserve the justice'
Rudd appeared to adopt his predecessor's double standards on the death penalty when he said on 2 October that they "deserve the justice that we delivered to them".

The following day he claimed the nature of that justice was a matter for the Indonesian justice system, but he would only say the government's policy was one of "general opposition" to the death penalty.

He was criticised for seeming to support the executions, and only speaking out against death sentences when Australian lives were at stake.

Media reports suggested government backbenchers later expressed concerns about the prime minister's equivocation on the issue.

With mounting speculation over the timing of the executions, Rudd was asked on Melbourne radio on 30 October a series of five questions about whether he approved the execution of terrorists, and the Bali bombers in particular.

His answers tried to tread a fine line by opposing the death penalty in the most general terms possible, while saying nothing that could be quoted as a direct criticism of the impending executions in Java.

He repeated that the government was "universally" opposed to the death penalty and twice said the government only intervened on behalf of Australian citizens.

He described the October 2002 attack as a "murderous, cowardly and callous act".

"But I’m not going to pretend to you ... that our policy on the death penalty has changed. It’s always been one of universal opposition."

Opposition -- but afterwards
Hours after the executions were carried out on 9 November, foreign minister Stephen Smith said the government would soon co-sponsor a UN General Assembly resolution calling for a moratorium.

"In the near future at the UN General Assembly we will be co-sponsoring a resolution calling effectively on a moratorium on capital punishment and that's been Australia's position for some considerable time," he said.

Some commentators reported this as a new development in Australian human rights policy in the wake of the executions. But in fact Australia has for many years co-sponsored UN resolutions opposing the death penalty, a fact which has not often been the subject of public discussion.

Smith did not say if Australia would do anything different at the UN in the coming weeks than last year, when it was one of 75 countries that co-sponsored the 18 December moratorium resolution.

Cautious welcome
Lawyers for the three Australians on death row in Indonesia welcomed Smith's comments, but criticised the government's silence on the latest executions.

Julian McMahon, part of the legal team advising Andrew Chan and Myuran Sukumaran, said he thought it "would have been better for us to stand up more clearly and speak more firmly and loudly in the region prior to the execution".

"To be pro-active if you like but the response after the execution has been exactly what I would have hoped for," he said.

"I just think that we should have been doing it consistently rather than just after the execution."

John North, who represents Scott Rush, said the government should consistently oppose the death penalty.

"They shouldn't try and cherry pick those that should be executed and those that should not," he said.

In another interview he said: "When the death penalty is hanging over the heads of young Australians there is no room for ambivalence."

Sunday, 9 November 2008

Indonesia executes Islamist terrorists

Indonesian firing squads killed three men for terrorism offences shortly after midnight this morning.

Amrozi bin Nurhasyim, Ali Ghufron (also known as Mukhlas) and Imam Samudra were shot simultaneously by separate firing squads for organising the October 2002 Bali bombing.

"At 12.15am, the convicts ... were executed by shooting and followed up with an autopsy," said Jasman Pandjaitan, a spokesman for Indonesia's attorney general's office, according to a report in The Australian.

"They have been stated as dead. At this moment the bodies are being washed by the family."

They were executed on Nusakambangan Island in Central Java, near the high security prison where they had been held.

Their bodies were taken to the mainland and then flown by helicopter to their home villages in East and West Java. Police struggled to maintain order when the bodies were greeted by family and hundreds of supporters for Muslim burials.

Last night's events brought to a head weeks of feverish speculation, fuelled by rumours the executions were imminent, contradictory statements from government officials and intense coverage by foreign journalists.

At different times the delays were attributed to a lack of bureaucratic coordination, successive nights of rain or claims the government was unwilling to provoke Islamic extremists by carrying out the sentences.

The three men were reportedly frustrated at the delays and keen for their "martyrdom" to proceed.

The executions bring to ten the number of people known to have been put to death in Indonesia in the past five months. This represents a dramatic increase in the country's use of the death penalty when compared with the nine people executed in the four years to 2007.

Some victims oppose death
The 2002 bombings of two Bali nightclubs killed 202 people and injured 88, leaving many with severe burns.

While some victims welcomed news of the executions, others remained opposed the death penalty.

Australian Barbara Hackett, whose daughter Kathy Salvatori was killed in the bombings, said she did not believe in the death penalty, according to one report.

"It can't bring back Kathy or the other 201 victims," she said.

Georgia Lysaght, who lost her older brother Scott, said the executions would not bring him back.
"The fact that it has happened doesn't bring Scott back, it doesn't change what's happened, it doesn't bring any sense of closure," she said.

"It doesn't make me feel that justice has been served. The only just thing to do would to be able to see my brother again, and that is not going to happen."

According to a report in The Times, several UK families also spoke out against the death penalty for the convicted terrorists.

Susanna Miller, who lost her brother Dan, said: "The death penalty is an 18th-century punishment. My brother was a lawyer, he would have disapproved.

"Also, these men were low-level terrorists, the bigger ones are at large. They should have been given life sentences."

Maggie Stephens lost her 27 year-old son Neil Bowler in the bombings.

"By executing them we are doing to them what they did to us," she said.

Related stories:
Indonesia: Human rights appeals for bombers -- 02 November 2008
Execution wrong - even for terrorists -- 31 October 2008
Bali bombers: One week to live? -- 13 October 2008
Uncertain when Islamist bombers will die -- 25 August 2008
Bali executions will inspire martyrs: expert -- 25 February 2008
Bali bombers may soon get their wish -- 10 November 2007

Saturday, 8 November 2008

ASEAN urged to promote abolition

An international human rights organisation has called on five Asian countries to use the mechanisms of the Association of Southeast Asian Nations (ASEAN) to encourage abolition of the death penalty.

Souhayr Belhassen, president of the International Federation of Human Rights (FIDH) wrote to all ASEAN members in October arguing the regional organisation "has a role to play to promote the abolition of the death penalty in the region".

She said the abolition of the death penalty would serve ASEAN's stated aims, including to "accelerate... social progress in the region" and to "reaffirm faith in fundamental human rights, in the dignity and worth of the human person".

The letter called on the five member states that had abolished the death penalty in practice -- Cambodia, the Philippines, Myanmar, Brunei Darussalam and Lao PDR -- to place the issue of the death penalty on the ASEAN agenda.

It urged these countries "to use the various mechanisms and forums of ASEAN to establish a dialogue on the death sentence with those member States who continue executions, in the interest of fulfilling the ASEAN declaration of principles integrated in the preamble of the ASEAN Charter".

Belhassen expressed FIDH's "deep concern" that five member states still carried out executions, namely Indonesia, Malaysia, Singapore, Thailand and the Socialist Republic of Viet Nam.

She also highlighted the difficulty compiling statistics about the death penalty in the region, since a number of ASEAN member states kept this information a state secret, and the wide range of offences for which is was applied, including non-violent crimes.

"FIDH expresses deep concern with the number of offenses punishable by death in certain member States. In the Socialist Republic of Vietnam for example, 29 crimes carry a death sentence, some of which include drug trafficking, theft, and various economic crimes," she wrote.

"FIDH calls on the Heads of State and Governments of ASEAN to ensure that the abolition of the death penalty is made a priority for ASEAN, particularly within the 'ASEAN Socio-Cultural Community'.

"ASEAN should work to ensure that secrecy surrounding death sentences in these countries is lifted in accordance with the 2006 report of Phillip Alston, UN Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions, which stated that 'those countries who maintain executions have a clear obligation to disclose the details of their application of the penalty'."

The member states of ASEAN are: Indonesia, Malaysia, Philippines, Singapore, Thailand, Brunei Darussalam, Viet Nam, Lao PDR, Myanmar and Cambodia.