Joint Statement by The Anti Death Penalty Asia Network (ADPAN), of which Amnesty International is a member, Human Rights Watch and the International Harm Reduction Association
As the International Day Against Drug Abuse and Illicit Trafficking approaches on 26 June, the Anti Death Penalty Asia Network (ADPAN), of which Amnesty International is a member, Human Rights Watch (HRW) and the International Harm Reduction Association (IHRA) call upon governments in Asia to cease applying the death penalty for drug-related offences.
There is a clear, long-standing and worldwide move toward restriction or abolition of the death penalty. Only a small minority of countries continue to implement the death penalty: in 2008, 25 countries carried out executions. ADPAN, Human Rights Watch and the International Harm Reduction Association oppose the death penalty in all cases as a violation of fundamental rights- the right to life and the right not to be subjected to cruel, inhuman and degrading punishment.
Sixteen countries in Asia apply the death penalty for drug-related offences. As many countries in the region do not make information on the death penalty available, it is impossible to calculate exactly how many drug-related death sentences are imposed. However, in Indonesia, Malaysia, Singapore and Thailand, reports indicate that a high proportion of death sentences are imposed upon those convicted of drug offences. ADPAN, HRW, and IHRA express particular concern that China, Indonesia, and Vietnam continue to execute individuals for drug offences – and that some countries, such as China since the early 1990s, and Indonesia in 2008, have marked the occasion of June 26 with such executions.
Despite the executions in Asia there is no clear evidence of a decline in drug-trafficking that could be attributed to the threat or use of the death penalty. There is no credible evidence that the death penalty deters serious crime in general more effectively than other punishments. The most recent survey of research findings on the relation between the death penalty and homicide rates, conducted for the United Nations (UN) in 1988 and updated in 1996 and 2002, concluded: "...research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment. Such proof is unlikely to be forthcoming. The evidence as a whole gives no positive support to the deterrent hypothesis."
UN human rights mechanisms – including the UN Special Rapporteur on extrajudicial, summary, or arbitrary executions, and the UN Human Rights Committee -- have concluded that the death penalty for drug offences fails to meet the condition of “most serious crime”, under which the death penalty is allowed only as an “exceptional measure” where “there was an intention to kill which resulted in the loss of life” (UN Doc, A/HRC/4/20, 29 January 2007, para 53). The UN High Commissioner for Human Rights and the director of the UN Office on Drugs and Crime have likewise expressed grave concerns about the application of the death penalty for drug offences.
Death sentences are often handed down after unfair legal processes, a problem made worse by laws, policies or practices regulating drug offences in some Asian countries. Mandatory death sentences are applied for certain drug offences in Brunei, India, Laos, Singapore and Malaysia, leaving a judge with no discretion over the sentence for defendants found guilty. Mandatory death sentences violate international standards on fair trials. Individualised sentencing is required to prevent cruel, inhuman or degrading punishment and the arbitrary deprivation of life. Singapore, which has one of the highest per capita execution rates in the world, as well as Malaysia, continue to hand down death sentences to individuals alleged to be drug traffickers after trials that presume guilt, and in which death sentences are mandatory.
Confessions that have been coerced sometimes form the basis of guilty verdicts, death sentences and executions. Competent legal assistance is unavailable to many defendants, including defendants facing drugs-related charges, leaving many with little capacity to mount a defence at any stage of the proceedings.
Draconian penalties for drug offences, including the death penalty, hinder public health programmes that reduce the harm drugs may cause to individual drug users, their loved ones, communities and states. China, Malaysia and Viet Nam have recently stepped up their harm reduction programmes to reduce HIV, hepatitis C and other drug-related health and social harms. However, excessive punishments and overly repressive drug law enforcement have been shown time and again to drive target groups away from such services. The death penalty therefore not only violates the right to life of those condemned, but is actually counterproductive to efforts to reduce the harm caused by drugs.
On the occasion of UN Anti-Drugs Day 2009 ADPAN, Amnesty International, Human Rights Watch and the International Harm Reduction Association appeal to Asian governments to:
• Introduce an immediate moratorium on executions with a view to the abolition of the death penalty in line with UN General Assembly resolution 62/149 and 63/168 on “moratorium on the use of the death penalty”;
• Commute all death sentences including for drug offences;
• Remove provisions within their domestic legislation that allow for the death penalty for drugs offences;
• Abolish the use of mandatory sentencing in capital cases;
• Publicize statistics on the death penalty and facts around the administration of justice in death penalty cases;
• Use the occasion of Anti-Drugs Day 2009 to highlight public health policies that have proven effective in reducing drug-related harms.
Ends.
Friday, 26 June 2009
Tuesday, 2 June 2009
Taiwan: Call for death penalty study
From the Taipei Times:
Academics call for review of policy that capital punishment deters crime
By Shelley Huang
Tuesday, Jun 02, 2009, Page 2
Academics yesterday urged the government to review its policy on capital punishment by conducting an in-depth study on whether it discourages crime.
A panel discussion on the death penalty and its effect on crime rates was held yesterday as part of a book launch to promote "New Ideology beyond the Pros and Cons of the Death Penalty," a collection of essays from a seminar organized by the Taiwan Alliance to End the Death Penalty last November.
"We hope to initiate dialogue on the issue of the death penalty from a rational point of view," said Birgitt Ory, director of the German Institute Taipei, which co-sponsored the publication of the book.
The institute aims to share Germany's experiences following its abolition of the death penalty. It also hopes Taiwanese would find "living in a society without the death penalty is not only a possibility, but also a better choice," Ory said.
The book contains essays by four German academics and detailed discussions among the four and 15 Taiwanese experts who participated in the conference on social security, prison reform, protection of victims and other issues.
"What is written on paper will be preserved," Ory said. "We hope to provide thought-provoking ways of looking at the issue of the death penalty and inspire readers' thinking on the subject."
Panelists said that taking the life of a criminal was not necessarily the best way to compensate for the loss of the victim.
Experts urged President Ma Ying-jeou's (馬英九) administration to set a timeline for gradually abolishing the death penalty, instead of delaying it until the next president takes office.
Attorney Nigel Li (李念祖), who is also a board member of the Judicial Reform Foundation, said that since the legislature on March 31 ratified the Act Governing Execution of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (公民與政治權利國際公約及經濟社會文化權利國際公約施行法), Taiwan should re-examine its law on the death penalty.
Since Taiwan has not executed a death row prisoner in more than four years, panelists urged the government to perform a statistical analysis on the crime rate to determine whether the abolishment of death penalty would have any effect on discouraging crime.
Related stories:
Taiwanese group stirs debate on abolition -- 23 October 2008
Life Watch to save Taiwan's innocent from death -- 12 February 2008
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
Academics call for review of policy that capital punishment deters crime
By Shelley Huang
Tuesday, Jun 02, 2009, Page 2
Academics yesterday urged the government to review its policy on capital punishment by conducting an in-depth study on whether it discourages crime.
A panel discussion on the death penalty and its effect on crime rates was held yesterday as part of a book launch to promote "New Ideology beyond the Pros and Cons of the Death Penalty," a collection of essays from a seminar organized by the Taiwan Alliance to End the Death Penalty last November.
"We hope to initiate dialogue on the issue of the death penalty from a rational point of view," said Birgitt Ory, director of the German Institute Taipei, which co-sponsored the publication of the book.
The institute aims to share Germany's experiences following its abolition of the death penalty. It also hopes Taiwanese would find "living in a society without the death penalty is not only a possibility, but also a better choice," Ory said.
The book contains essays by four German academics and detailed discussions among the four and 15 Taiwanese experts who participated in the conference on social security, prison reform, protection of victims and other issues.
"What is written on paper will be preserved," Ory said. "We hope to provide thought-provoking ways of looking at the issue of the death penalty and inspire readers' thinking on the subject."
Panelists said that taking the life of a criminal was not necessarily the best way to compensate for the loss of the victim.
Experts urged President Ma Ying-jeou's (馬英九) administration to set a timeline for gradually abolishing the death penalty, instead of delaying it until the next president takes office.
Attorney Nigel Li (李念祖), who is also a board member of the Judicial Reform Foundation, said that since the legislature on March 31 ratified the Act Governing Execution of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (公民與政治權利國際公約及經濟社會文化權利國際公約施行法), Taiwan should re-examine its law on the death penalty.
Since Taiwan has not executed a death row prisoner in more than four years, panelists urged the government to perform a statistical analysis on the crime rate to determine whether the abolishment of death penalty would have any effect on discouraging crime.
Related stories:
Taiwanese group stirs debate on abolition -- 23 October 2008
Life Watch to save Taiwan's innocent from death -- 12 February 2008
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
Sunday, 24 May 2009
Indonesia: Activists condemn plan to limit appeals
Groups Denounce AGO Plan to Cap Execution Appeals
By Heru Andriyanto
The Jakarta Globe
22 May, 2009
Human rights groups are blasting an Attorney General's Office plan to limit the window of time inmates facing the firing squad would be allowed to lodge a final case review - to 30 days. Under Indonesian law, condemned inmates may request a case review once the Supreme Court rejects their appeal, but they must present new evidence
"It's very unlikely inmates could secure new evidence in only 30 days," said Papang Hidayat, head of research at the Commission for Missing Persons and Victims of Violence (Kontras) on Thursday.
"In other words, more and more inmates will be put to death if [the AGO proposal] becomes law."
He said Kontras remains firm in its position that capital punishment should be outlawed. Last year, the state executed 10 inmates convicted of terrorism, drug trafficking and murder. There are 111 inmates currently on death row.
The Supreme Court this year ruled that the AGO could unilaterally set a deadline for case review requests in capital punishment cases, citing as precedent that in civil cases, a review deadline stands at 180 days.
But Abdul Hakim Ritonga, an AGO deputy in charge of judicial killings, said last week that 180 days was too long, and proposed 30 days instead. Abdul leads a five-member AGO team tasked with setting up a new appeals deadline.
Rusdi Marpaung with the human rights group Imparsial said the proposal reflected the AGO’s view that executions were "business as usual."
"I cannot understand why the AGO feels so easy in planning more executions. In our view, the death sentence is against the 1945 Constitution and accordingly must be abolished," Rusdi said.
While abolishing capital punishment appears to be an uphill battle, particularly during an election year, Papang suggested that President Susilo Bambang Yudhoyono’s administration, which has executed 19 inmates since 2004, could impose a moratorium on death sentences.
"The most important thing to do is to mend the poor judicial system that is unable to deliver fair justice to death row inmates,” Papang said.
"Just take a look at the fact that many foreign inmates facing the capital punishment were not provided with interpreters in the court," he said. "I think if the legal proceedings were held fairly, many inmates would have escaped capital punishment."
By Heru Andriyanto
The Jakarta Globe
22 May, 2009
Human rights groups are blasting an Attorney General's Office plan to limit the window of time inmates facing the firing squad would be allowed to lodge a final case review - to 30 days. Under Indonesian law, condemned inmates may request a case review once the Supreme Court rejects their appeal, but they must present new evidence
"It's very unlikely inmates could secure new evidence in only 30 days," said Papang Hidayat, head of research at the Commission for Missing Persons and Victims of Violence (Kontras) on Thursday.
"In other words, more and more inmates will be put to death if [the AGO proposal] becomes law."
He said Kontras remains firm in its position that capital punishment should be outlawed. Last year, the state executed 10 inmates convicted of terrorism, drug trafficking and murder. There are 111 inmates currently on death row.
The Supreme Court this year ruled that the AGO could unilaterally set a deadline for case review requests in capital punishment cases, citing as precedent that in civil cases, a review deadline stands at 180 days.
But Abdul Hakim Ritonga, an AGO deputy in charge of judicial killings, said last week that 180 days was too long, and proposed 30 days instead. Abdul leads a five-member AGO team tasked with setting up a new appeals deadline.
Rusdi Marpaung with the human rights group Imparsial said the proposal reflected the AGO’s view that executions were "business as usual."
"I cannot understand why the AGO feels so easy in planning more executions. In our view, the death sentence is against the 1945 Constitution and accordingly must be abolished," Rusdi said.
While abolishing capital punishment appears to be an uphill battle, particularly during an election year, Papang suggested that President Susilo Bambang Yudhoyono’s administration, which has executed 19 inmates since 2004, could impose a moratorium on death sentences.
"The most important thing to do is to mend the poor judicial system that is unable to deliver fair justice to death row inmates,” Papang said.
"Just take a look at the fact that many foreign inmates facing the capital punishment were not provided with interpreters in the court," he said. "I think if the legal proceedings were held fairly, many inmates would have escaped capital punishment."
Pakistan: Appeal for Zulfiqar Ali Khan
Amnesty International has issued the following Urgent Action appeal for Zulfiqar Ali Khan, who it believes is facing the threat of imminent execution.
1 May 2009
PAKISTAN Zulfiqar Ali Khan (m), aged 38
Zulfiqar Ali Khan is at imminent risk of execution as his most recent stay is due to expire on 6 May. He has been granted three stays of execution since October 2008. President Zardari rejected his final mercy petition on 29 September 2008. He is imprisoned at Adiala Central Jail, in the city of Rawalpindi, Punjab province.
Zulfiqar Ali was arrested for murder on 14 April 1998. According to his lawyer Zulfiqar Ali committed the crime in self-defence.During the 11 years he has been on death row, Zulfiqar Ali has gained a Masters Degree in Political Science and is currently studying for a Master of Business Administration (MBA) degree. He has also contributed to the education of other inmates. According to his lawyer, Zulfiqar Ali’s academic achievements while in prison are commendable and he has been an example of a successfully rehabilitated prisoner.
Zulfiqar Ali is the only surviving parent of his two daughters, aged 10 and 11. His wife died of leukaemia in 2007.
BACKGROUND INFORMATION
An estimated 236 people were sentenced to death in Pakistan in 2008, and a total of 36 people were executed. Prime Minister Gilani's announcement on 21 June 2008 that all existing death sentences would be commuted is being considered by the Supreme Court of Pakistan, which is to rule on its constitutionality. Sixteen people have been put to death after the Prime Minister's statement.
There are currently more than 7,000 people who are on death row in Pakistan. The former Human Rights Minister, Ansar Burney, stated that 60 to 65 percent of death row prisoners were innocent or “victims of a faulty system”.
On 18 December 2007, the United Nations General Assembly adopted a resolution on a worldwide moratorium on the use of the death penalty. The former government of Pakistan, under President Pervez Musharraf, voted against the resolution.
Amnesty International opposes the death penalty in all cases. The death penalty is a symptom of a culture of violence, and not a solution to it. It has not been shown to have any greater deterrent effect than other punishments, and carries the risk of irrevocable error. The death penalty is the ultimate form of cruel, inhuman and degrading treatment, and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language:
- calling on the President Zardari to use his powers under Article 45 of the Constitution to commute the death sentence handed down to Zulfiqar Ali;
- calling on the President Zardari to urgently implement the June 21 proposal to commute death sentences in Pakistan;
- calling for an immediate moratorium on all executions in the country, in accordance with the UN General Assembly resolutions on a moratorium on executions adopted in 2007 and 2008, reinforcing the worldwide trend towards abolition of the death penalty.
APPEALS TO:
President
Mr Asif Ali Zardari
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422/ 4768/ 920 1893 or 1835 (Faxes may be switched off outside office hours. Pakistan is 6 hours ahead of GMT)
Salutation: Dear President Zardari
COPIES TO: diplomatic representatives of Pakistan accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY.
1 May 2009
PAKISTAN Zulfiqar Ali Khan (m), aged 38
Zulfiqar Ali Khan is at imminent risk of execution as his most recent stay is due to expire on 6 May. He has been granted three stays of execution since October 2008. President Zardari rejected his final mercy petition on 29 September 2008. He is imprisoned at Adiala Central Jail, in the city of Rawalpindi, Punjab province.
Zulfiqar Ali was arrested for murder on 14 April 1998. According to his lawyer Zulfiqar Ali committed the crime in self-defence.During the 11 years he has been on death row, Zulfiqar Ali has gained a Masters Degree in Political Science and is currently studying for a Master of Business Administration (MBA) degree. He has also contributed to the education of other inmates. According to his lawyer, Zulfiqar Ali’s academic achievements while in prison are commendable and he has been an example of a successfully rehabilitated prisoner.
Zulfiqar Ali is the only surviving parent of his two daughters, aged 10 and 11. His wife died of leukaemia in 2007.
BACKGROUND INFORMATION
An estimated 236 people were sentenced to death in Pakistan in 2008, and a total of 36 people were executed. Prime Minister Gilani's announcement on 21 June 2008 that all existing death sentences would be commuted is being considered by the Supreme Court of Pakistan, which is to rule on its constitutionality. Sixteen people have been put to death after the Prime Minister's statement.
There are currently more than 7,000 people who are on death row in Pakistan. The former Human Rights Minister, Ansar Burney, stated that 60 to 65 percent of death row prisoners were innocent or “victims of a faulty system”.
On 18 December 2007, the United Nations General Assembly adopted a resolution on a worldwide moratorium on the use of the death penalty. The former government of Pakistan, under President Pervez Musharraf, voted against the resolution.
Amnesty International opposes the death penalty in all cases. The death penalty is a symptom of a culture of violence, and not a solution to it. It has not been shown to have any greater deterrent effect than other punishments, and carries the risk of irrevocable error. The death penalty is the ultimate form of cruel, inhuman and degrading treatment, and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language:
- calling on the President Zardari to use his powers under Article 45 of the Constitution to commute the death sentence handed down to Zulfiqar Ali;
- calling on the President Zardari to urgently implement the June 21 proposal to commute death sentences in Pakistan;
- calling for an immediate moratorium on all executions in the country, in accordance with the UN General Assembly resolutions on a moratorium on executions adopted in 2007 and 2008, reinforcing the worldwide trend towards abolition of the death penalty.
APPEALS TO:
President
Mr Asif Ali Zardari
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422/ 4768/ 920 1893 or 1835 (Faxes may be switched off outside office hours. Pakistan is 6 hours ahead of GMT)
Salutation: Dear President Zardari
COPIES TO: diplomatic representatives of Pakistan accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY.
ADP: A change in approach
Since the inception of the Asia Death Penalty blog in February 2006, I have written about major developments in the death penalty in Asia, drawing on media reports and work of regional and international human rights organisations.
Other stories have been based on my own commentary on the death penalty and tracking developments such as the rate of executions in Indonesia and Japan.
With recent changes in my (paid) work, I don’t have as much time to devote to writing for the blog. I am also devoting more time to another death penalty-related project.
Feedback from readers over the past three years has indicated the blog is playing a useful role pointing people to events and debates in the region, synthesising reports and preserving some of the stories that become lost to archives and the continual wave of new content online.
While I will not be able to devote as much time to writing original stories in the foreseeable future, I will continue to post major news stories and human rights reports. When time allows, I will post other original stories.
Thank you for reading, and please continue to send me tips and information that may be of interest for other readers of this blog.
Other stories have been based on my own commentary on the death penalty and tracking developments such as the rate of executions in Indonesia and Japan.
With recent changes in my (paid) work, I don’t have as much time to devote to writing for the blog. I am also devoting more time to another death penalty-related project.
Feedback from readers over the past three years has indicated the blog is playing a useful role pointing people to events and debates in the region, synthesising reports and preserving some of the stories that become lost to archives and the continual wave of new content online.
While I will not be able to devote as much time to writing original stories in the foreseeable future, I will continue to post major news stories and human rights reports. When time allows, I will post other original stories.
Thank you for reading, and please continue to send me tips and information that may be of interest for other readers of this blog.
Tuesday, 10 March 2009
DP improvements not for economic crimes: China
The Supreme People's Court (SPC) is attempting to improve consistency in the application of the death penalty in China in cases involving violence, robbery or drug trafficking.
The SPC is developing a guideline to "unify standards" for lower courts, according to a senior judge quoted by state newsagency Xinhua.
The guideline would apply to murder, robbery, abduction, drug trafficking and intentional injury, which the judge said accounted for nearly all death sentences handed down.
"It will include the necessary conditions for handing down the death sentence to those found guilty of any of the five crimes," he said.
"We must unify standards across the county so as to avoid such situations where different sentences are handed down to people found guilty of committing similar crimes."
However the report said the guideline was not expected to apply to cases involving economic crimes.
Xinhua said professor Chen Weidong, from the Renmin University of China, said unifying standards for capital punishment in serious economic cases would be complicated as "the value and harm done by economic crimes differ greatly, and the time is not yet right to set guidelines".
Capital, and punishment
China applies the death penalty to 68 offences, including for non-violent crimes.
A number of high-profile financial scandals have generated debate in China recently over the use, and consistency, of death sentences for economic offences.
Amnesty International (AI) reported an appeal by businesswoman Du Yimin was rejected on 13 January, after she was sentenced to death for illegally raising 700 million yuan (102 million U.S. dollars) in investments in her beauty parlours.
"Du Yimin’s death sentence has caused a debate about consistency in application of the death penalty," AI said.
"The day before she was sentenced to death, an official who used 15.8 billion Yuan of public funds to cover his personal spending was sentenced to fixed term imprisonment."
She was convicted of "fraudulent raising of public funds", although her lawyer argued she should have been convicted of the lesser offence of "illegally collecting public deposits", which carries a maximum sentence of 10 years' imprisonment and a fine of 500,000 yuan (73,000 U.S. dollars).
She could be executed at any time if her sentence is confirmed by the SPC.
'Reduced', but insufficient evidence
The SPC has claimed it overturned 15 per cent of death sentences in 2007 and the first half of 2008, although the government has consistently failed to release statistics to verify this claim.
Statistics about the use of the death penalty in China are classified as 'state secrets'.
Xinhua reported in June 2008 that the "high rejection rate shows how cautious the judiciary has been with capital punishment after the SPC took back the right to review death sentences from lower courts" from 1 January that year.
The presiding judge of the SPC's Third Criminal Law Court, Gao Jinghong, said at that time that the majority of the death sentences overturned were inappropriate or lacked sufficient evidence.
Xinhua also reported claims in May 2008 that Chinese courts had handed down 30 per cent fewer death sentences in 2007, compared with 2006 figures.
Related stories:
China: Death over milk, but no official answers -- 29 January 2009
China: Executions to preserve order, control -- 12 December 2008
Judge backs harsh sentences: China -- 20 April 2008
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
The SPC is developing a guideline to "unify standards" for lower courts, according to a senior judge quoted by state newsagency Xinhua.
The guideline would apply to murder, robbery, abduction, drug trafficking and intentional injury, which the judge said accounted for nearly all death sentences handed down.
"It will include the necessary conditions for handing down the death sentence to those found guilty of any of the five crimes," he said.
"We must unify standards across the county so as to avoid such situations where different sentences are handed down to people found guilty of committing similar crimes."
However the report said the guideline was not expected to apply to cases involving economic crimes.
Xinhua said professor Chen Weidong, from the Renmin University of China, said unifying standards for capital punishment in serious economic cases would be complicated as "the value and harm done by economic crimes differ greatly, and the time is not yet right to set guidelines".
Capital, and punishment
China applies the death penalty to 68 offences, including for non-violent crimes.
A number of high-profile financial scandals have generated debate in China recently over the use, and consistency, of death sentences for economic offences.
Amnesty International (AI) reported an appeal by businesswoman Du Yimin was rejected on 13 January, after she was sentenced to death for illegally raising 700 million yuan (102 million U.S. dollars) in investments in her beauty parlours.
"Du Yimin’s death sentence has caused a debate about consistency in application of the death penalty," AI said.
"The day before she was sentenced to death, an official who used 15.8 billion Yuan of public funds to cover his personal spending was sentenced to fixed term imprisonment."
She was convicted of "fraudulent raising of public funds", although her lawyer argued she should have been convicted of the lesser offence of "illegally collecting public deposits", which carries a maximum sentence of 10 years' imprisonment and a fine of 500,000 yuan (73,000 U.S. dollars).
She could be executed at any time if her sentence is confirmed by the SPC.
'Reduced', but insufficient evidence
The SPC has claimed it overturned 15 per cent of death sentences in 2007 and the first half of 2008, although the government has consistently failed to release statistics to verify this claim.
Statistics about the use of the death penalty in China are classified as 'state secrets'.
Xinhua reported in June 2008 that the "high rejection rate shows how cautious the judiciary has been with capital punishment after the SPC took back the right to review death sentences from lower courts" from 1 January that year.
The presiding judge of the SPC's Third Criminal Law Court, Gao Jinghong, said at that time that the majority of the death sentences overturned were inappropriate or lacked sufficient evidence.
Xinhua also reported claims in May 2008 that Chinese courts had handed down 30 per cent fewer death sentences in 2007, compared with 2006 figures.
Related stories:
China: Death over milk, but no official answers -- 29 January 2009
China: Executions to preserve order, control -- 12 December 2008
Judge backs harsh sentences: China -- 20 April 2008
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
Friday, 6 March 2009
Government clash with top lawyer: Singapore
Singapore's law minister has attacked the president of the Law Society in Parliament for questioning the transparency and effectiveness of the criminal justice system.
Law Minister K. Shanmugam said in Parliament on 19 January that society president Michael Hwang SC had mounted "theoretical arguments" about crime and punishment that lacked "any real merit".
He was responding to an editorial published in the January edition of the Law Gazette, which argued that a measurable deterrence and proportionality between crime and punishment should underpin "a rational sentencing policy".
The article was a largely theoretical discussion of the purpose of punishment, and the role of deterrence and proportionality in sentencing.
Hwang called for greater research to inform a fundamental "re-think" of the country's laws and sentences, concluding that "Singapore is sadly lacking a principled and transparent penal policy".
"Possibly, this is because Government has not published detailed statistics of crime and punishment so that social scientists can undertake adequate research on the causes of crime and the effects of current penal policies on prisoners (especially recidivists)," he wrote.
"Only rigorous research with full access to relevant information can help us determine important penological questions such as:
"Is the death penalty effective in preventing murder and other capital crimes?
"Do strict liability offences achieve their object of deterring anti-social behaviour?
"What kind of punishments best deter what kind of behaviour?"
Shanmugam rejected the argument that the criminal justice system was "unprincipled".
"[A]any objective analysis of our penal system will show that the system is based on sound practical philosophy and principles, which have been made clear several times," he said.
"While we take a tough stand on crime, we also believe strongly in compassion and rehabilitation."
Statistics, secrets
He told Parliament the lawyer's article was unclear about what statistics should be published to aid research, and it ignored statistics currently published by police and narcotics control officials.
He said Hwang suggested the "publication of detailed statistics will lead us to a possibly conclusive answer to the debate on capital punishment".
"The debate on capital punishment ... is not going to be settled on the basis of statistics," he said.
There was "no universal consensus on such punishment".
"Serious and bitter debate on capital punishment has raged on in many countries.
"The philosophical and ideological chasms that separate the proponents and opponents of capital punishment are quite unbridgeable. Both sides marshal powerful arguments.
"On an issue like this, the Government has to take a stand."
Shanmugam responded to the claim the system was lacking in transparency with the government's usual argument that capital cases were "matters of public record" and the media reported on cases heard in open court.
However, the Singapore government has resisted repeated calls from human rights organisations and the United Nations (UN) to publish comprehensive information about who is sentenced to death, and for what crimes, as well as how many people are executed each year.
Threat, clarification
In comments quoted by The Straits Times, Shanmugam implied the criticism could damage the government's relationship with the Law Society.
"We have had a constructive and professional relationship with the Law Society for several years," Shanmugam said, according to The Straits Times.
"And for that to continue and for us to take the views seriously, the views that are expressed by the Law Society have to be well thought through and substantiated by facts.
"Sound bites and sweeping statements which are contrary to the facts, and which show a basic lack of understanding of our criminal laws and procedure, and approach to sentencing is not really constructive or helpful."
Michael Hwang stressed in the February 2009 issue of the Law Gazette that his article did not represent the views of the Law Society and was not approved by its governing council.
He said he would write to the minister "to explain the basis" of his message.
"I do not intend to have a public debate with the Minister but hope to have a constructive private dialogue with him."
Related stories:
Tochi in Singapore: "the burden thus shifted" -- 26 January 2008
Asian activists condemn drug executions -- 8 July 2007
Drug penalty violates international law -- 6 May 2007
Singapore activists: Rethink death penalty -- 23 January 2007
Remembering Van Tuong Nguyen -- 29 November 2006
Law Minister K. Shanmugam said in Parliament on 19 January that society president Michael Hwang SC had mounted "theoretical arguments" about crime and punishment that lacked "any real merit".
He was responding to an editorial published in the January edition of the Law Gazette, which argued that a measurable deterrence and proportionality between crime and punishment should underpin "a rational sentencing policy".
The article was a largely theoretical discussion of the purpose of punishment, and the role of deterrence and proportionality in sentencing.
Hwang called for greater research to inform a fundamental "re-think" of the country's laws and sentences, concluding that "Singapore is sadly lacking a principled and transparent penal policy".
"Possibly, this is because Government has not published detailed statistics of crime and punishment so that social scientists can undertake adequate research on the causes of crime and the effects of current penal policies on prisoners (especially recidivists)," he wrote.
"Only rigorous research with full access to relevant information can help us determine important penological questions such as:
"Is the death penalty effective in preventing murder and other capital crimes?
"Do strict liability offences achieve their object of deterring anti-social behaviour?
"What kind of punishments best deter what kind of behaviour?"
Shanmugam rejected the argument that the criminal justice system was "unprincipled".
"[A]any objective analysis of our penal system will show that the system is based on sound practical philosophy and principles, which have been made clear several times," he said.
"While we take a tough stand on crime, we also believe strongly in compassion and rehabilitation."
Statistics, secrets
He told Parliament the lawyer's article was unclear about what statistics should be published to aid research, and it ignored statistics currently published by police and narcotics control officials.
He said Hwang suggested the "publication of detailed statistics will lead us to a possibly conclusive answer to the debate on capital punishment".
"The debate on capital punishment ... is not going to be settled on the basis of statistics," he said.
There was "no universal consensus on such punishment".
"Serious and bitter debate on capital punishment has raged on in many countries.
"The philosophical and ideological chasms that separate the proponents and opponents of capital punishment are quite unbridgeable. Both sides marshal powerful arguments.
"On an issue like this, the Government has to take a stand."
Shanmugam responded to the claim the system was lacking in transparency with the government's usual argument that capital cases were "matters of public record" and the media reported on cases heard in open court.
However, the Singapore government has resisted repeated calls from human rights organisations and the United Nations (UN) to publish comprehensive information about who is sentenced to death, and for what crimes, as well as how many people are executed each year.
Threat, clarification
In comments quoted by The Straits Times, Shanmugam implied the criticism could damage the government's relationship with the Law Society.
"We have had a constructive and professional relationship with the Law Society for several years," Shanmugam said, according to The Straits Times.
"And for that to continue and for us to take the views seriously, the views that are expressed by the Law Society have to be well thought through and substantiated by facts.
"Sound bites and sweeping statements which are contrary to the facts, and which show a basic lack of understanding of our criminal laws and procedure, and approach to sentencing is not really constructive or helpful."
Michael Hwang stressed in the February 2009 issue of the Law Gazette that his article did not represent the views of the Law Society and was not approved by its governing council.
He said he would write to the minister "to explain the basis" of his message.
"I do not intend to have a public debate with the Minister but hope to have a constructive private dialogue with him."
Related stories:
Tochi in Singapore: "the burden thus shifted" -- 26 January 2008
Asian activists condemn drug executions -- 8 July 2007
Drug penalty violates international law -- 6 May 2007
Singapore activists: Rethink death penalty -- 23 January 2007
Remembering Van Tuong Nguyen -- 29 November 2006
Wednesday, 4 March 2009
Is Japan choosing next to die?
Amnesty International (AI) is concerned that Japan's Justice Minister Mori Eisuke is selecting the next prisoners for execution in order to minimise public objection to further hangings.
The organisation issued an international Urgent Action appeal on 27 February naming five men believed to be "at imminent risk of execution".
It said the minister wanted to increase the pace of executions, and he "is seeking to avoid public objections by singling out for execution those who, like these five, have recently abandoned their appeals or were convicted of crimes that have led to 'public revulsion'."
The men are:
Mori Eisuke has now sent six men to the gallows since he was appointed justice minister on 24 September 2008.
The last executions were carried out on 29 January 2009, when four men were hanged for murder.
Younger, faster death
Unusually for Japan's death penalty system, four of the men named are under 40 years of age.
Death row prisoners often wait several decades in prison before they are executed, usually receiving only a few hours' notice of when they will be killed. Some receive no warning at all.
However there have been recent worrying signs that Japan is speeding up executions after sentences are finalised.
Of the 32 people hanged in Japan since December 2006, five were aged in their 70s and 12 were in their 60s.
Related stories:
Japan: New year, more hangings -- 29 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
Japan: Minister steps up rate of hangings -- 12 April 2008
Long wait, sudden death in Japan -- 28 August 2006
[Corrected 9 March 2009, updated information issued by AI.]
The organisation issued an international Urgent Action appeal on 27 February naming five men believed to be "at imminent risk of execution".
It said the minister wanted to increase the pace of executions, and he "is seeking to avoid public objections by singling out for execution those who, like these five, have recently abandoned their appeals or were convicted of crimes that have led to 'public revulsion'."
The men are:
- YAMAJI Yukio (m), born 1983
- SHINOZAWA Kazuo (m), born 1952
- ZODA Hiroshi (m), born 1976
- MAEUE Hiroshi (m), born 1971
- OGATA Hideki (m), born 1980.
Mori Eisuke has now sent six men to the gallows since he was appointed justice minister on 24 September 2008.
The last executions were carried out on 29 January 2009, when four men were hanged for murder.
Younger, faster death
Unusually for Japan's death penalty system, four of the men named are under 40 years of age.
Death row prisoners often wait several decades in prison before they are executed, usually receiving only a few hours' notice of when they will be killed. Some receive no warning at all.
However there have been recent worrying signs that Japan is speeding up executions after sentences are finalised.
Of the 32 people hanged in Japan since December 2006, five were aged in their 70s and 12 were in their 60s.
Related stories:
Japan: New year, more hangings -- 29 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
Japan: Minister steps up rate of hangings -- 12 April 2008
Long wait, sudden death in Japan -- 28 August 2006
[Corrected 9 March 2009, updated information issued by AI.]
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
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
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
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:
"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
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.
"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
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.
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
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
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