As China announces a national organ donation system, official media admit the system will replace transplant organs from executed prisoners, which "experts estimate account for more than 65 percent of total donors".
From China Daily, 26 August 2009
Public call for organ donations
By Shan Juan (China Daily)
Updated: 2009-08-26 07:38
China launched a national organ donation system yesterday in a bid to gradually shake off its long-time dependence on executed prisoners as a major source of organs for transplants and as part of efforts to crack down on organ trafficking.
The system, operated mainly by the Red Cross Society of China with assistance from the Ministry of Health, will begin as pilot projects in 10 provinces and cities.
"The system is in the public interest and will benefit patients regardless of social status and wealth in terms of fairness in organ allocation and better procurement," said Vice-Minister of Health Huang Jiefu.
Under the system, the Red Cross is responsible for encouraging post-death organ donations among the public, receiving donor registrations, keeping a database, starting a fund to provide financial assistance for needy, surviving families of donors and overseeing the allocation of donated organs according to set principles.
"Transplants should not be a privilege for the rich," Huang said.
The late, famous Chinese actor Fu Biao received two liver transplants within several months in 2005, raising doubts about the fairness of organ allocation, given that the waiting time for the general public can be years - even if one is lucky enough to get a match, let alone have a second surgery.
Currently about one million people in China need organ transplants each year while only 1 percent receive one, official statistics show.
Only about 130 people on the mainland have signed up to donate their organs since 2003, according to research on the promotion of organ donation after death by professor Chen Zhonghua with the Institute of Organ Transplantation of Tongji Hospital.
The system will help find more willing donors who didn't know how to donate, said Jiang Yiman, the society's deputy director at the launch yesterday in Shanghai. "The Chinese have a tradition of helping others in need and the potential of organ donations from the public is yet to be tapped," she said.
Organ donors
Executed prisoners, who experts estimate account for more than 65 percent of total donors, "are definitely not a proper source for organ transplants," said Vice-Minister Huang.
That the rights of death-row prisoners to donate is fully respected and written consent from them is required, he told China Daily.
Qian Jianmin, chief transplant surgeon with the Shanghai Huashan Hospital, said hospitals performing transplants not only treat patients getting organs from executed prisoners, but have to deal with other levels of government, including the justice department.
"Corruption can arise during the process," he said.
Some just ignore legal procedures regarding organ donations from executed prisoners and make a fat profit, Huang said.
All costs are passed on to patients. Sometimes the recipient pays up to 200,000 yuan ($29,000) for a kidney, not including other medical services.
China issued an organ transplant law in 2007 that bans organ trafficking and only allows donations from living people to blood relatives and spouses, plus someone considered "emotionally connected."
However, organ middlemen have been faking documents in order to make a person who is desperately in need of money be considered "emotionally connected" to the recipients, reports said.
Living transplants increased to 40 percent of total transplants from 15 percent in 2006, Chen Zhonghua said.
"That's one of the daunting tasks facing us as we try to end the organ trade by establishing this system," Huang noted.
Other goals include preventing organ tourism, improving transplant quality, better defining donors' rights and satisfying patients' needs for transplants in an ethical manner.
"With more organ donations from the public, the total cost for transplants will decrease," he said.
The exact cost for transplants varies from place to place and largely remains an industry secret. But experts said it's at least 100,000 yuan.
Praise for initiative
"We welcome the emphasis put on fair practice in organ procurement, allocation and transplant, echoing the WHO guiding principles on transplantation," said Luc Noel, coordinator of clinical procedures in the essential health technologies department at World Health Organization headquarters in Geneva.
"China is establishing the national network and authority necessary to initiate and maximize organ donations from deceased donors and thus progress towards the global mainstream in organ donation and transplantation," he said.
The system will be operated at both State and provincial levels. Donated organs would be allocated locally first and then nationally.
"My colleagues and I welcome the system, which will facilitate our efforts to save more patients and help medical workers concentrate more on practicing medicine," said transplant surgeon Qian, whose hospital performs about 150 transplants each year.
Wang Yuling, a young white-collar worker in Beijing, said she'd donate if it really helps someone in need instead of making someone rich.
The pilot projects will take place across the country, including Shanghai, Tianjin, Fujian (Xiamen), Jiangsu (Nanjing), Hubei (Wuhan), Liaoning, Shandong and Jiangxi. The system will then be introduced nationwide, Jiang said.
When asked for a specific timetable when the system will cover the whole country, Huang said the process took 20 years in United States.
"I hope it'll be faster in China. We are still searching for the best way," he said.
"Details about the system, like how to clearly define responsibilities for all stakeholders under the system, including the Red Cross and health administrations, are still under discussion," Jiang said.
(China Daily 08/26/2009 page3)
[Emphasis added]
Related stories:
China admits organs from prisoners -- 6 December 2006
Stop transplant tourism: surgeon -- 28 November 2006
China restricts organs from executions -- 29 March 2006
Thursday, 27 August 2009
Wednesday, 26 August 2009
PNG, Solomons advised against death penalty
No death penalty, expert advises PNG, Solomons
From ABC Radio Australia, 20 August 2009
Last Updated: Thu, 20 Aug 2009 14:18:00 +1000
An Australian criminologist says Solomon Islands and Papua New Guinea should not consider introducing the death penalty against violent crimes.
Both countries have high rates of crime and are considering capital punishment.
Professor Paul Wilson, from Australia's Bond University, in Queensland, says there is evidence in research from across the world that the death penalty does not reduce the rate of murder and violent crime.
He says despite this, many politicians choose to call for its introduction because they are aware there may be people in their electorates who could support it.
Professor Wilson has told Radio Australia's Pacific Beat more needs to be done to study patterns of crime in PNG and the Solomons to determine better prevention and appropriate penalties.
"If you are going to reduce the murder rate or violence rate, you have to first of all analyse exactly how the violence is occuring, by whom, at what time, where, and the motiviationsm" he said.
"And that is a fairly substantial research job and then you have to apply quite well-known crime prevention methods, which will vary according to the location.
"You work it with a combination of zero-type policing."
From ABC Radio Australia, 20 August 2009
Last Updated: Thu, 20 Aug 2009 14:18:00 +1000
An Australian criminologist says Solomon Islands and Papua New Guinea should not consider introducing the death penalty against violent crimes.
Both countries have high rates of crime and are considering capital punishment.
Professor Paul Wilson, from Australia's Bond University, in Queensland, says there is evidence in research from across the world that the death penalty does not reduce the rate of murder and violent crime.
He says despite this, many politicians choose to call for its introduction because they are aware there may be people in their electorates who could support it.
Professor Wilson has told Radio Australia's Pacific Beat more needs to be done to study patterns of crime in PNG and the Solomons to determine better prevention and appropriate penalties.
"If you are going to reduce the murder rate or violence rate, you have to first of all analyse exactly how the violence is occuring, by whom, at what time, where, and the motiviationsm" he said.
"And that is a fairly substantial research job and then you have to apply quite well-known crime prevention methods, which will vary according to the location.
"You work it with a combination of zero-type policing."
Thailand: Drug dealers put to death
From The Bangkok Post, 25 August 2009
Writer: KING-OUA LAOHONG
Two convicted drug traffickers at Bang Khwang prison have been executed by lethal injection.
Bundit Jaroenwanit, 45, and Jirawat Poompreuk, 52, yesterday became the country's fifth and sixth people to be executed by lethal injection, which replaced death by shooting in 2003.
The atmosphere at Bang Khwang prison in Nonthaburi was subdued yesterday when the two learned they were about to die.
They were given 60 minutes to call or write to their loved ones. They were then offered a last meal and a chance to listen to a sermon from a monk invited from Wat Bang Praek Tai.
They were blindfolded and given flowers, candles and incense sticks before being taken to the execution chamber.
The two, their legs manacled, turned their faces towards the temple as they were laid out on beds.
They received three injections. The first was a sedative, the second a muscle relaxant and the third a drug that stops the heart beating.
Writer: KING-OUA LAOHONG
Two convicted drug traffickers at Bang Khwang prison have been executed by lethal injection.
Bundit Jaroenwanit, 45, and Jirawat Poompreuk, 52, yesterday became the country's fifth and sixth people to be executed by lethal injection, which replaced death by shooting in 2003.
The atmosphere at Bang Khwang prison in Nonthaburi was subdued yesterday when the two learned they were about to die.
They were given 60 minutes to call or write to their loved ones. They were then offered a last meal and a chance to listen to a sermon from a monk invited from Wat Bang Praek Tai.
They were blindfolded and given flowers, candles and incense sticks before being taken to the execution chamber.
The two, their legs manacled, turned their faces towards the temple as they were laid out on beds.
They received three injections. The first was a sedative, the second a muscle relaxant and the third a drug that stops the heart beating.
Thursday, 20 August 2009
South Korea loses anti-death penalty voice
A tribute from Amnesty International
Kim Dae-jung, human rights champion and former South Korean president, dies
19 August 2009
Former South Korea President Kim Dae-jung died on Tuesday, aged 85. A winner of the Nobel Peace Prize for his efforts at reconciliation with North Korea, he leaves a legacy of commitment to human rights and democracy.
A former prisoner of conscience, Kim Dae-jung was a lifelong activist who sought to raise the profile of human rights both in South Korea and around the world. Once a death row inmate, he was a tireless campaigner against the death penalty.
"Kim Dae-jung was a hero and inspiration to Amnesty International and many people around the world for his uncompromising stance and struggle for democracy in South Korea during the seventies and eighties," said Amnesty International's Secretary General, Irene Khan.
"Amnesty International is privileged to have campaigned on his behalf, as prisoner of conscience, during his years of imprisonment and when he was given the death sentence.
"Kim Dae-jung was considered a dangerous radical in the 1970s and 1980s, during South Korea's decades of military dictatorship. He survived assassination and abduction attempts, walked free from a death sentence and was exiled twice.
Over several video interviews with Amnesty International in April, Kim Dae-jung discussed his childhood (he was the son of a middle-class farmer), his experiences as a prisoner of conscience, the attempt on his life in Tokyo in 1973 and his time as president. One of the main topics of conversation though, was the death penalty. He said:
"A human should not kill a human. We need to abolish the death penalty in Asia…If the death penalty were abolished, it would change the atmosphere in Asia and also have a positive knock-on effect in Central & South America and Africa and the rest of the world…the issue of death penalty is one of the most serious issues confronting human beings, and I hope that, if possible, the Asian countries will set an example in sorting out this problem.
"As a human rights activist, Kim Dae-jung was subjected to human rights violations for peacefully exercising his right to freedom of expression.
He was kidnapped in Tokyo's Grand Palace hotel in 1973 by South Korean agents. He was dragged to a ship where he said they planned to dump him at sea. The US government intervened to save him and the agents then abandoned their plan. The assassination attempt was in apparent response to his public opposition to the rewriting of the Constitution, which gave more power to General Park Chung-hee, the country’s military ruler.
Kim Dae-jung spent much of the 1970s under house arrest or in prison. It was during this period that he was first adopted as a prisoner of conscience by Amnesty International.
He was arrested in March 1976, as a prominent signatory of a "Declaration for National Democratic Salvation". He was arrested again in May 1980, just before the Kwangju Massacre, which resulted in the deaths of civilians who had risen up against the military dictatorship. He was accused of having "instigated" agitation. He was sentenced to death in September 1980.
Amnesty International, and many other human rights and pressure groups, campaigned vigorously on Kim Dae-jung's behalf throughout that period.
In 1981, following widespread international protests and campaigning by international organizations, his death sentence was commuted; in 1982 he was released on a "suspended" sentence. He then went to live in Boston where he taught at Harvard University.
In February 1985, he was placed under house arrest again on the day he returned from two years' exile in the USA. House arrest and harassment continued until February 1986.
During a visit to London in 1993, Kim Dae-jung presented Amnesty International with calligraphy he had written, of four Chinese characters meaning “All Nations are One Family”.
He was elected President of South Korea in December 1997. It was the first time in the country's history that the power of government had been passed from the ruling party president to an opposition leader.
During his presidency Kim-Dae-jung became the first and so far only Korean to be awarded the Nobel Peace Prize in 2000. This was for his instigation of the so-called "Sunshine Policy", promoting closer ties with communist North Korea.
Kim-Dae-jung’s term as President of South Korea ended in 2003.
"As fellow Nobel Laureates, we were honoured to share President Kim’s ardent opposition to the death penalty, and we were moved by his dedication to campaigning for human rights," said Irene Khan.
Related stories:
South Korea: Kim Dae-jung's call for abolition -- 6 March 2006
South Korea – former president calls for abolition -- 27 February 2006
Kim Dae-jung, human rights champion and former South Korean president, dies
19 August 2009
Former South Korea President Kim Dae-jung died on Tuesday, aged 85. A winner of the Nobel Peace Prize for his efforts at reconciliation with North Korea, he leaves a legacy of commitment to human rights and democracy.
A former prisoner of conscience, Kim Dae-jung was a lifelong activist who sought to raise the profile of human rights both in South Korea and around the world. Once a death row inmate, he was a tireless campaigner against the death penalty.
"Kim Dae-jung was a hero and inspiration to Amnesty International and many people around the world for his uncompromising stance and struggle for democracy in South Korea during the seventies and eighties," said Amnesty International's Secretary General, Irene Khan.
"Amnesty International is privileged to have campaigned on his behalf, as prisoner of conscience, during his years of imprisonment and when he was given the death sentence.
"Kim Dae-jung was considered a dangerous radical in the 1970s and 1980s, during South Korea's decades of military dictatorship. He survived assassination and abduction attempts, walked free from a death sentence and was exiled twice.
Over several video interviews with Amnesty International in April, Kim Dae-jung discussed his childhood (he was the son of a middle-class farmer), his experiences as a prisoner of conscience, the attempt on his life in Tokyo in 1973 and his time as president. One of the main topics of conversation though, was the death penalty. He said:
"A human should not kill a human. We need to abolish the death penalty in Asia…If the death penalty were abolished, it would change the atmosphere in Asia and also have a positive knock-on effect in Central & South America and Africa and the rest of the world…the issue of death penalty is one of the most serious issues confronting human beings, and I hope that, if possible, the Asian countries will set an example in sorting out this problem.
"As a human rights activist, Kim Dae-jung was subjected to human rights violations for peacefully exercising his right to freedom of expression.
He was kidnapped in Tokyo's Grand Palace hotel in 1973 by South Korean agents. He was dragged to a ship where he said they planned to dump him at sea. The US government intervened to save him and the agents then abandoned their plan. The assassination attempt was in apparent response to his public opposition to the rewriting of the Constitution, which gave more power to General Park Chung-hee, the country’s military ruler.
Kim Dae-jung spent much of the 1970s under house arrest or in prison. It was during this period that he was first adopted as a prisoner of conscience by Amnesty International.
He was arrested in March 1976, as a prominent signatory of a "Declaration for National Democratic Salvation". He was arrested again in May 1980, just before the Kwangju Massacre, which resulted in the deaths of civilians who had risen up against the military dictatorship. He was accused of having "instigated" agitation. He was sentenced to death in September 1980.
Amnesty International, and many other human rights and pressure groups, campaigned vigorously on Kim Dae-jung's behalf throughout that period.
In 1981, following widespread international protests and campaigning by international organizations, his death sentence was commuted; in 1982 he was released on a "suspended" sentence. He then went to live in Boston where he taught at Harvard University.
In February 1985, he was placed under house arrest again on the day he returned from two years' exile in the USA. House arrest and harassment continued until February 1986.
During a visit to London in 1993, Kim Dae-jung presented Amnesty International with calligraphy he had written, of four Chinese characters meaning “All Nations are One Family”.
He was elected President of South Korea in December 1997. It was the first time in the country's history that the power of government had been passed from the ruling party president to an opposition leader.
During his presidency Kim-Dae-jung became the first and so far only Korean to be awarded the Nobel Peace Prize in 2000. This was for his instigation of the so-called "Sunshine Policy", promoting closer ties with communist North Korea.
Kim-Dae-jung’s term as President of South Korea ended in 2003.
"As fellow Nobel Laureates, we were honoured to share President Kim’s ardent opposition to the death penalty, and we were moved by his dedication to campaigning for human rights," said Irene Khan.
Related stories:
South Korea: Kim Dae-jung's call for abolition -- 6 March 2006
South Korea – former president calls for abolition -- 27 February 2006
Wednesday, 12 August 2009
China: Businesswoman shot after unfair trial
Amnesty International has issued this update to its appeal on behalf of Du Yimin, a businesswoman who was executed last week after being convicted of "fraudulent raising of public funds".
URGENT ACTION
BUSINESSWOMAN EXECUTED FOR FRAUD
Du Yimin, a businesswoman convicted of "fraudulent raising of public funds" was executed on 5 August after China's Supreme People's Court (SPC) approved her sentence.
Du Yimin was sentenced to death in March 2008. Her appeal was rejected on 13 January 2009. According to the verdict, she had illegally raised approximately 700 million yuan (US$102 million) from hundreds of people investing in her beauty parlours. According to the Chinese press, she had obtained the money between 2003 and 2006 by offering investors monthly returns of up to 10%.
Her lawyer has stated that Du Yimin should have been convicted for the lesser offence of "illegally collecting public deposits," which carries a maximum sentence of 10 years' imprisonment and a fine of 500,000 yuan (US$73,000). Du Yimin claimed that she had had no intention of keeping the money, but had intended to invest it in her companies, and that she had obtained it without using fraudulent means.
Du Yimin’s death sentence has caused a debate about the consistency in the application of the death penalty in the People's Republic of China. 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 a fixed term of imprisonment.
Amnesty international believes Du Yimin did not receive a fair trial in line with international standards and condemns her execution.
Further information on UA: 42/09 Index: ASA 17/007/2009
People's Republic of China
Date: 07 August 2009
Amnesty International's original appeal, from 13 February 2009, is here.
Related stories:
DP improvements not for economic crimes: China -- 10 March 2009
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
URGENT ACTION
BUSINESSWOMAN EXECUTED FOR FRAUD
Du Yimin, a businesswoman convicted of "fraudulent raising of public funds" was executed on 5 August after China's Supreme People's Court (SPC) approved her sentence.
Du Yimin was sentenced to death in March 2008. Her appeal was rejected on 13 January 2009. According to the verdict, she had illegally raised approximately 700 million yuan (US$102 million) from hundreds of people investing in her beauty parlours. According to the Chinese press, she had obtained the money between 2003 and 2006 by offering investors monthly returns of up to 10%.
Her lawyer has stated that Du Yimin should have been convicted for the lesser offence of "illegally collecting public deposits," which carries a maximum sentence of 10 years' imprisonment and a fine of 500,000 yuan (US$73,000). Du Yimin claimed that she had had no intention of keeping the money, but had intended to invest it in her companies, and that she had obtained it without using fraudulent means.
Du Yimin’s death sentence has caused a debate about the consistency in the application of the death penalty in the People's Republic of China. 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 a fixed term of imprisonment.
Amnesty international believes Du Yimin did not receive a fair trial in line with international standards and condemns her execution.
Further information on UA: 42/09 Index: ASA 17/007/2009
People's Republic of China
Date: 07 August 2009
Amnesty International's original appeal, from 13 February 2009, is here.
Related stories:
DP improvements not for economic crimes: China -- 10 March 2009
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
Wednesday, 5 August 2009
South Korea: Human Rights Body Challenges Death Penalty
By Kang Shin-who
From The Korea Times, 4 August 2009
The National Human Rights Commission of Korea (NHRC) filed a petition with the Constitutional Court Tuesday to end capital punishment.
In the petition, the commission said the nation has no authority to deprive citizens of life, as life is the most fundamental right of human beings.
"Even in extreme situations, human life shouldn't be a tool or an object to realize state policy or promote public interest," it said.
"The death penalty is also against humanitarianism and we cannot rule out the possibility of misjudgments," it added.
Historically, human rights groups here and overseas have campaigned to abolish the death penalty.
Last September, the Gwangju High Court filed a petition with the Constitutional Court, claiming that the government should come up with a punishment between the death penalty and life sentencing.
The case is currently under review.
A fisherman was sentenced to the death penalty in his trial for killing four tourists and asked his appellate court judge to lodge the petition, claiming that capital punishment was unconstitutional.
Accepting his suggestion, the appellate trial will be suspended until the Constitutional Court reviews the petition.
According to the Ministry of Justice, Korea has 59 convicts on death row. Korea has been a de facto country free of capital punishment as no executions have been carried out here for the past 11 years.
Related stories:
South Korea: Murders spark debate on death penalty -- 28 February 2009
South Korea: Challenge to death penalty law -- 13 October 2008
South Korea: Renewed calls for abolition -- 12 October 2007
South Korea death penalty hearing -- 10 April 2006
South Korea: Kim Dae-jung's call for abolition -- 6 March 2006
South Korea – former president calls for abolition -- 27 February 2006
From The Korea Times, 4 August 2009
The National Human Rights Commission of Korea (NHRC) filed a petition with the Constitutional Court Tuesday to end capital punishment.
In the petition, the commission said the nation has no authority to deprive citizens of life, as life is the most fundamental right of human beings.
"Even in extreme situations, human life shouldn't be a tool or an object to realize state policy or promote public interest," it said.
"The death penalty is also against humanitarianism and we cannot rule out the possibility of misjudgments," it added.
Historically, human rights groups here and overseas have campaigned to abolish the death penalty.
Last September, the Gwangju High Court filed a petition with the Constitutional Court, claiming that the government should come up with a punishment between the death penalty and life sentencing.
The case is currently under review.
A fisherman was sentenced to the death penalty in his trial for killing four tourists and asked his appellate court judge to lodge the petition, claiming that capital punishment was unconstitutional.
Accepting his suggestion, the appellate trial will be suspended until the Constitutional Court reviews the petition.
According to the Ministry of Justice, Korea has 59 convicts on death row. Korea has been a de facto country free of capital punishment as no executions have been carried out here for the past 11 years.
Related stories:
South Korea: Murders spark debate on death penalty -- 28 February 2009
South Korea: Challenge to death penalty law -- 13 October 2008
South Korea: Renewed calls for abolition -- 12 October 2007
South Korea death penalty hearing -- 10 April 2006
South Korea: Kim Dae-jung's call for abolition -- 6 March 2006
South Korea – former president calls for abolition -- 27 February 2006
Monday, 3 August 2009
Sri Lanka considering death penalty again
Sri Lanka mulls reintroducing death penalty
From The Hindu, 26 July 2009
Even as it has 273 prisoners on death row, Sri Lankan government plans to reintroduce capital punishment due to rising number of heinous crimes.
The new Justice and Law Reforms Minister Milinda Moragoda is slated to discuss the possibility of implementing the death penalty with President Mahinda Rajapaksa as a result of increase in number of crimes in the country.
According to officials, there are about 273 prisoners in death row but they could not be hanged without the approval of the President. The last person to be executed in Sri Lanka was Maru Sira in 2003.
"Serious crimes have been on the increase in the recent past. Despite the human rights issues, the implementation of capital punishment has acted as a deterrent for those committing such crimes in many countries.
"Even in the USA, several states have executed those convicted of serious crimes," Justice and Law Reforms Secretary Suhada Gamlath said.
The prison authorities have been compelled to provide security to a large number of death row prisoners, Gamlath told reporters last week.
Organised crime, major armed robberies and heinous crimes are rapidly increasing and the law enforcement authorities are battling in vain to control them, he said, adding that reintroduction of capital punishment must be considered.
Related stories:
No death penalty plans in Sri Lanka -- 10 January 2007
From The Hindu, 26 July 2009
Even as it has 273 prisoners on death row, Sri Lankan government plans to reintroduce capital punishment due to rising number of heinous crimes.
The new Justice and Law Reforms Minister Milinda Moragoda is slated to discuss the possibility of implementing the death penalty with President Mahinda Rajapaksa as a result of increase in number of crimes in the country.
According to officials, there are about 273 prisoners in death row but they could not be hanged without the approval of the President. The last person to be executed in Sri Lanka was Maru Sira in 2003.
"Serious crimes have been on the increase in the recent past. Despite the human rights issues, the implementation of capital punishment has acted as a deterrent for those committing such crimes in many countries.
"Even in the USA, several states have executed those convicted of serious crimes," Justice and Law Reforms Secretary Suhada Gamlath said.
The prison authorities have been compelled to provide security to a large number of death row prisoners, Gamlath told reporters last week.
Organised crime, major armed robberies and heinous crimes are rapidly increasing and the law enforcement authorities are battling in vain to control them, he said, adding that reintroduction of capital punishment must be considered.
Related stories:
No death penalty plans in Sri Lanka -- 10 January 2007
China again claims execution decline
Fewer executions expected, top judge says
By Xie Chuanjiao
From China Daily, 29 July 2009
The number of criminal executions will be reduced in China, with the sentence of death penalty with reprieve handed out more often in courts.
Zhang Jun, vice-president of the Supreme People's Court (SPC), said legislation will be improved to restrict the number of death sentences and the SPC will tighten restrictions on the use of capital punishment.
The sentence of "death penalty with reprieve" would be used more often in courts, Zhang said.
Death penalty with reprieve can be commuted to life in prison and later reduced to 20 years and even lessened further for good behavior.
"As it is impossible for the country to abolish capital punishment under current realities and social security conditions, it is an important effort to strictly control the application of the penalty by judicial organs," Zhang said in an interview with Legal Daily.
"Judicial departments should use the least number of death sentences as possible, and death penalties should not be given to those having a reason for not being executed," Zhang said.
He said the death penalty has had strong support from many people for more than 5,000 years and that the punishment was seen as "an eye for an eye and a life for a life".
The country will retain death sentence, but it should be applied only to "an extremely small number" of serious offenders, he said.
The SPC has been working to ensure that the death sentence is given only to those who have committed extremely serious or heinous crimes that lead to grave social consequences.
Zhang said the highest court exercises extreme caution in handing down the death sentence to those guilty of killing family members or neighbors over disputes.
People who plead guilty, compensate family members of the victims, or are pardoned by the latter are generally given more lenient punishments.
Last week, the SPC overturned a death sentence handed to a man surnamed Shao, who killed his lover when he found out she was having an affair with another man in September 2006.
Shao's crime was judged as serious enough for capital punishment, but the SPC considered the woman was also partly responsible.
Shao had shown regret and compensation was paid to the victim's family, the SPC said.
Moreover the case did not have a major social impact, so the SPC suspended Shao's capital punishment.
In January 2007, the SPC reserved the right to review all death penalty decisions made by lower courts.
Provincial high courts had handled appeals until that point but had been criticized after reports of miscarriage of justice.
With the SPC given the sole power to review and ratify all death sentences, the country is applying fewer death sentences. An average of 15 percent of sentences were overturned in 2007 and 10 percent were overturned in 2008, insiders told China Daily.
Last year a total of 159,020 criminals were sentenced to death, life imprisonment, or more than five years in prison, accounting for 15.8 percent of all criminal sentences.
Related stories:
DP improvements not for economic crimes: China -- 10 March 2009
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
By Xie Chuanjiao
From China Daily, 29 July 2009
The number of criminal executions will be reduced in China, with the sentence of death penalty with reprieve handed out more often in courts.
Zhang Jun, vice-president of the Supreme People's Court (SPC), said legislation will be improved to restrict the number of death sentences and the SPC will tighten restrictions on the use of capital punishment.
The sentence of "death penalty with reprieve" would be used more often in courts, Zhang said.
Death penalty with reprieve can be commuted to life in prison and later reduced to 20 years and even lessened further for good behavior.
"As it is impossible for the country to abolish capital punishment under current realities and social security conditions, it is an important effort to strictly control the application of the penalty by judicial organs," Zhang said in an interview with Legal Daily.
"Judicial departments should use the least number of death sentences as possible, and death penalties should not be given to those having a reason for not being executed," Zhang said.
He said the death penalty has had strong support from many people for more than 5,000 years and that the punishment was seen as "an eye for an eye and a life for a life".
The country will retain death sentence, but it should be applied only to "an extremely small number" of serious offenders, he said.
The SPC has been working to ensure that the death sentence is given only to those who have committed extremely serious or heinous crimes that lead to grave social consequences.
Zhang said the highest court exercises extreme caution in handing down the death sentence to those guilty of killing family members or neighbors over disputes.
People who plead guilty, compensate family members of the victims, or are pardoned by the latter are generally given more lenient punishments.
Last week, the SPC overturned a death sentence handed to a man surnamed Shao, who killed his lover when he found out she was having an affair with another man in September 2006.
Shao's crime was judged as serious enough for capital punishment, but the SPC considered the woman was also partly responsible.
Shao had shown regret and compensation was paid to the victim's family, the SPC said.
Moreover the case did not have a major social impact, so the SPC suspended Shao's capital punishment.
In January 2007, the SPC reserved the right to review all death penalty decisions made by lower courts.
Provincial high courts had handled appeals until that point but had been criticized after reports of miscarriage of justice.
With the SPC given the sole power to review and ratify all death sentences, the country is applying fewer death sentences. An average of 15 percent of sentences were overturned in 2007 and 10 percent were overturned in 2008, insiders told China Daily.
Last year a total of 159,020 criminals were sentenced to death, life imprisonment, or more than five years in prison, accounting for 15.8 percent of all criminal sentences.
Related stories:
DP improvements not for economic crimes: China -- 10 March 2009
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
Mongolia: Appeal for death row pardon
Amnesty International issued the following urgent appeal on 30 July 2009 on behalf of Mongolian man facing execution for murder. It is extremely rare for details of capital cases in Mongolia to be made public, which greatly limits the ability of independent media to report on the death penalty in that country and of human rights activists to place pressure on the government.
Information about the death penalty in Mongolia is considered a state secret, even to the extent that the government does not confirm how executions are carried out.
[Note: This action appeal was updated on 14 October, after Buuveibaatar was granted a pardon. Read the update here.]
Urgent Action
Call for pardon for Mongolian on death row
Buuveibaatar, a 33-year-old Mongolian man, is facing execution for murder. He has exhausted all his appeals, and his life will only be spared if Mongolia's President grants him a pardon.
Buuveibaatar was sentenced to death by the Bayangol District Court, in the Mongolian capital, Ulaanbaatar, on 1 August 2008. He was found guilty of murdering his former girlfriend’s new boyfriend in January 2008. His father claims the crime was committed in self-defence.
The day after the murder, Buuveibaatar was arrested and taken to Bayangol District police station, where he was interrogated overnight without access to a lawyer. His father says that Buuveibaatar was beaten in police custody, and confessed to the crime during interrogation.
Buuveibaatar's death sentence has been upheld by Mongolia's Supreme Court. His family wrote to the former President of Mongolia to appeal for a pardon on 1 April 2009, and again to the newly elected President, Elbegdorj, on 2 July 2009. So far there has been no response to the appeals for a pardon.
Executions in Mongolia are carried out in secret. The families and lawyers of those on death row receive no prior notification of the execution. If Buuveibaatar's appeal for a pardon is turned down, he could be executed at any time.
PLEASE WRITE IMMEDIATELY in English, Mongolian or your own language:
PLEASE SEND APPEALS BEFORE 10 SEPTEMBER 2009:
President
President Elbegdorj
Office of the President
State House
Ulaanbaatar-12
Mongolia
Fax: +976 51 26 1273
Salutation: Dear President
ADDITIONAL INFORMATION
The death penalty in Mongolia is considered a state secret; and no official statistics are made available relating to death sentences, executions or the number of people on death row. Families are not notified in advance when an execution will take place and the body is not returned to the family after execution. At least nine people are believed to be on death row in Mongolia.
UA: 206/09 Index: ASA 30/002/2009
Issue Date: 30 July 2009
Information about the death penalty in Mongolia is considered a state secret, even to the extent that the government does not confirm how executions are carried out.
[Note: This action appeal was updated on 14 October, after Buuveibaatar was granted a pardon. Read the update here.]
Urgent Action
Call for pardon for Mongolian on death row
Buuveibaatar, a 33-year-old Mongolian man, is facing execution for murder. He has exhausted all his appeals, and his life will only be spared if Mongolia's President grants him a pardon.
Buuveibaatar was sentenced to death by the Bayangol District Court, in the Mongolian capital, Ulaanbaatar, on 1 August 2008. He was found guilty of murdering his former girlfriend’s new boyfriend in January 2008. His father claims the crime was committed in self-defence.
The day after the murder, Buuveibaatar was arrested and taken to Bayangol District police station, where he was interrogated overnight without access to a lawyer. His father says that Buuveibaatar was beaten in police custody, and confessed to the crime during interrogation.
Buuveibaatar's death sentence has been upheld by Mongolia's Supreme Court. His family wrote to the former President of Mongolia to appeal for a pardon on 1 April 2009, and again to the newly elected President, Elbegdorj, on 2 July 2009. So far there has been no response to the appeals for a pardon.
Executions in Mongolia are carried out in secret. The families and lawyers of those on death row receive no prior notification of the execution. If Buuveibaatar's appeal for a pardon is turned down, he could be executed at any time.
PLEASE WRITE IMMEDIATELY in English, Mongolian or your own language:
- Calling on the President to grant an immediate pardon to Buuveibaatar;
- Calling for an immediate end to the practice of carrying out executions in secret;
- Urging the President to establish a moratorium on executions with a view to abolishing the death penalty, as provided by UN General Assembly resolution 62/149, adopted on 18 December 2007.
PLEASE SEND APPEALS BEFORE 10 SEPTEMBER 2009:
President
President Elbegdorj
Office of the President
State House
Ulaanbaatar-12
Mongolia
Fax: +976 51 26 1273
Salutation: Dear President
ADDITIONAL INFORMATION
The death penalty in Mongolia is considered a state secret; and no official statistics are made available relating to death sentences, executions or the number of people on death row. Families are not notified in advance when an execution will take place and the body is not returned to the family after execution. At least nine people are believed to be on death row in Mongolia.
UA: 206/09 Index: ASA 30/002/2009
Issue Date: 30 July 2009
Wednesday, 29 July 2009
Japan: Three hanged during election campaign
Three killers are sent to the gallows
Seven hanged so far this year
By MINORU MATSUTANI
Staff writer
Story from The Japan Times
Three convicted murderers were hanged Tuesday, the Justice Ministry said, bringing the number of executions this year to seven and maintaining the fast pace that saw 15 people sent to the gallows in 2008.
Hanged were a double-killer and two triple-killers, including one who met his victims through a suicide Web site.
It was the third set of execution orders signed by Justice Minister Eisuke Mori, who sent four inmates to the gallows Jan. 29 and two others last October. He assumed the post last September.
"I just conducted my duty as justice minister," Mori said at a news conference following the executions.
Asked why he signed off on the executions at a time of political instability, he said, "I am still the justice minister, even after the Lower House was dissolved.
"Prime Minister Taro Aso dissolved the chamber July 21 and called the election for Aug. 30. Mori, a Lower House member until the dissolution, is expected to be busy preparing for his re-election campaign.
Human rights group Amnesty International Japan blasted the justice minister's action.
"With the Lower House election coming up in August, it is almost certain that Justice Minister Mori, the person with the supreme authority to sign off on executions, will resign. Conducting executions at a time like this is effectively the same as committing the act with nobody assuming responsibility," the group charged in a statement.
Executions have been on the rise in recent years. Mori's immediate predecessor, Okiharu Yasuoka, signed off on three executions last September even though he held the office for only about a month.
The man he replaced, Kunio Hatoyama, the older brother of Democratic Party of Japan President Yukio Hatoyama, ordered 13 executions during his 12-month stint that started in August 2007, the most hangings by a single justice minister since at least 1993.
Mori disclosed the names of the prisoners, a practice started by Hatoyama.
Chen Detong, 41, a Chinese, was convicted of killing two men and a woman and attempting to murder another man and woman with a knife in 1999 because they allegedly violently mistreated him at the apartment they shared in Kawasaki. He was hanged at the Tokyo Detention Center.
Yukio Yamaji, 25, was convicted of raping and slashing a woman and her sister to death and torching their condominium in 2005 in Osaka. He was executed at the Osaka Detention Center.
Hiroshi Maeue, 40, was convicted of killing three people he met via an online bulletin board for those wishing to commit suicide on three separate occasions in Osaka Prefecture from February to June 2005.
In all three cases, he strangled the victims — a female and two males, one of whom was 14 years old. According to a document provided by the Justice Ministry, Maeue became sexually aroused by the sight of people struggling while being strangled.
He was also hanged at the Osaka Detention Center.
Chen's death sentence was finalized July 15, 2006, Yamaji's on May 31, 2007, and Maeue's on July 5, 2007.
The number of death-row inmates now stands at 101.
Amnesty International Japan also said in its statement that more than 70 percent of countries have either abolished the death sentence or have otherwise effectively halted executions.
South Korea has staged no executions in 10 years, while Taiwan has abstained for three years, Amnesty said.
The United States, the only country in the Group of Eight besides Japan that has capital punishment on the books, has seen states carrying out fewer executions, while Islamic countries, generally considered disposed to the death penalty, also are becoming more circumspect about executions, the group said.
Until 2007, executions in China, which puts far more people to death than any other country, were trending down. However, in 2008 the figure jumped to at least 1,718 from some 470 the year before, the group said, adding, however, that since Beijing last year changed the way executions are counted, it cannot say definitively if they are on the rise or not.
Nonetheless, Japan is one of the few countries where executions are on the rise, it said.
Last Dec. 18 the U.N. General Assembly adopted a resolution calling for a halt in executions.
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
Seven hanged so far this year
By MINORU MATSUTANI
Staff writer
Story from The Japan Times
Three convicted murderers were hanged Tuesday, the Justice Ministry said, bringing the number of executions this year to seven and maintaining the fast pace that saw 15 people sent to the gallows in 2008.
Hanged were a double-killer and two triple-killers, including one who met his victims through a suicide Web site.
It was the third set of execution orders signed by Justice Minister Eisuke Mori, who sent four inmates to the gallows Jan. 29 and two others last October. He assumed the post last September.
"I just conducted my duty as justice minister," Mori said at a news conference following the executions.
Asked why he signed off on the executions at a time of political instability, he said, "I am still the justice minister, even after the Lower House was dissolved.
"Prime Minister Taro Aso dissolved the chamber July 21 and called the election for Aug. 30. Mori, a Lower House member until the dissolution, is expected to be busy preparing for his re-election campaign.
Human rights group Amnesty International Japan blasted the justice minister's action.
"With the Lower House election coming up in August, it is almost certain that Justice Minister Mori, the person with the supreme authority to sign off on executions, will resign. Conducting executions at a time like this is effectively the same as committing the act with nobody assuming responsibility," the group charged in a statement.
Executions have been on the rise in recent years. Mori's immediate predecessor, Okiharu Yasuoka, signed off on three executions last September even though he held the office for only about a month.
The man he replaced, Kunio Hatoyama, the older brother of Democratic Party of Japan President Yukio Hatoyama, ordered 13 executions during his 12-month stint that started in August 2007, the most hangings by a single justice minister since at least 1993.
Mori disclosed the names of the prisoners, a practice started by Hatoyama.
Chen Detong, 41, a Chinese, was convicted of killing two men and a woman and attempting to murder another man and woman with a knife in 1999 because they allegedly violently mistreated him at the apartment they shared in Kawasaki. He was hanged at the Tokyo Detention Center.
Yukio Yamaji, 25, was convicted of raping and slashing a woman and her sister to death and torching their condominium in 2005 in Osaka. He was executed at the Osaka Detention Center.
Hiroshi Maeue, 40, was convicted of killing three people he met via an online bulletin board for those wishing to commit suicide on three separate occasions in Osaka Prefecture from February to June 2005.
In all three cases, he strangled the victims — a female and two males, one of whom was 14 years old. According to a document provided by the Justice Ministry, Maeue became sexually aroused by the sight of people struggling while being strangled.
He was also hanged at the Osaka Detention Center.
Chen's death sentence was finalized July 15, 2006, Yamaji's on May 31, 2007, and Maeue's on July 5, 2007.
The number of death-row inmates now stands at 101.
Amnesty International Japan also said in its statement that more than 70 percent of countries have either abolished the death sentence or have otherwise effectively halted executions.
South Korea has staged no executions in 10 years, while Taiwan has abstained for three years, Amnesty said.
The United States, the only country in the Group of Eight besides Japan that has capital punishment on the books, has seen states carrying out fewer executions, while Islamic countries, generally considered disposed to the death penalty, also are becoming more circumspect about executions, the group said.
Until 2007, executions in China, which puts far more people to death than any other country, were trending down. However, in 2008 the figure jumped to at least 1,718 from some 470 the year before, the group said, adding, however, that since Beijing last year changed the way executions are counted, it cannot say definitively if they are on the rise or not.
Nonetheless, Japan is one of the few countries where executions are on the rise, it said.
Last Dec. 18 the U.N. General Assembly adopted a resolution calling for a halt in executions.
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
Tuesday, 28 July 2009
China: Call for fair investigation in Uyghur region
The World Coalition Against the Death Penalty (WCADP) issued this statement in English and Chinese on 21 July 2009, following the recent unrest in the Xinjiang Uyghur Autonomous Region. Chinese officials had reportedly threatened to use the death penalty against demonstrators convicted of involvement in violent clashes.
WCADP 對東土耳其斯坦（新疆維吾爾自治區）情勢的聲明
World Coalition Against the Death Penalty (WCADP) Statement on the recent situation in the Xinjiang Uyghur Autonomous Region.
針對東土耳其斯坦（新疆）近來的情勢，世界反死刑聯盟（WCADP）認為在這次事件尚未完全釐清前，中國政府官員就威脅要使用死刑或最嚴厲的極刑，不但突顯中國缺乏法治，且對緩和維漢衝突完全沒有幫助，也違反中國已簽署之相關國際條約。
World Coalition Against the Death Penalty (WCADP) is seriously alarmed by the threat of death sentences made by Chinese officials in Urumqi following recent unrest in Urumqi. This threat by the Chinese officials not only indicates the lack of rule of law in China but is also detrimental to the alleviation of tension between Han Chinese and Uyghur. It also violates the core values and spirit of the International Covenant on Civil and Political Rights (ICCPR) that China has signed and repeatedly stated its intention to ratify as well as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) which China has ratified.
因此，世界反死刑聯盟發表聲明如下：
Therefore, World Coalition Against the Death Penalty (WCADP), representing member organizations, urges:
1.們呼籲聯合國人權理事會發起真相發現任務團，中國政府對外宣稱此為刑事犯罪事件，就應該接受這個公平的調查，並允許外國媒體自由進行採訪。
1. The initiation of an open, independent, transparent, fair and impartial investigation following the recent reports of violence on the part of both demonstrators and security forces. The Chinese authorities should also ensure unconditional media access in the Region;
2.同時，我們認為，所有參與騷亂事件的嫌疑人，都應該要接受合理、公平的調查以及審判；每位嫌疑人應該要獨立的選任辯護人；每位辯護人都能自主行使律師職權、不受政府的威脅。
2. All the suspects arrested in this incident be guaranteed fair and open investigation and trial, defence lawyers be independent of government pressure, and all defence lawyers be able to freely carry out their role as defence lawyers;
3.中國政府簽署了國際公民與政治權利公約，禁止酷刑和其他殘忍、不人道或有辱人格的待遇或處罰公約，我們也再次申明生命權是基本人權,而死刑不但是殘酷不人道的懲罰，也是一種對於弱勢族群以及政治異議者的歧視，中國政府不應以死刑作為統治、打壓異己的工具；中國政府官員威脅要用死刑來嚴懲騷亂事件的參與者，是錯誤的行為。世界反死刑聯盟反對使用死刑。
3. Right to life is one of the basic human rights. The death penalty is not only a cruel and inhuman punishment but is also utilized as a means of suppressing minorities and dissidents. The Chinese government should act in accordance with the International Covenant on Civil and Political Rights (ICCPR) and UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) instead of using death penalty as means of governance and suppressing the dissidents. The threat of death penalty from the Chinese officials concerning those arrested in this incident is opposed by the World Coalition Against the Death Penalty.
The World Coalition Against the Death Penalty
Created in Rome in 2002, the World Coalition Against the Death Penalty brings together 96 bar associations, trade unions, local governments and non-governmental organizations. It aims at strengthening the international dimension of the fight against the death penalty and at contributing to put an end to death sentences and executions.
WCADP 對東土耳其斯坦（新疆維吾爾自治區）情勢的聲明
World Coalition Against the Death Penalty (WCADP) Statement on the recent situation in the Xinjiang Uyghur Autonomous Region.
針對東土耳其斯坦（新疆）近來的情勢，世界反死刑聯盟（WCADP）認為在這次事件尚未完全釐清前，中國政府官員就威脅要使用死刑或最嚴厲的極刑，不但突顯中國缺乏法治，且對緩和維漢衝突完全沒有幫助，也違反中國已簽署之相關國際條約。
World Coalition Against the Death Penalty (WCADP) is seriously alarmed by the threat of death sentences made by Chinese officials in Urumqi following recent unrest in Urumqi. This threat by the Chinese officials not only indicates the lack of rule of law in China but is also detrimental to the alleviation of tension between Han Chinese and Uyghur. It also violates the core values and spirit of the International Covenant on Civil and Political Rights (ICCPR) that China has signed and repeatedly stated its intention to ratify as well as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) which China has ratified.
因此，世界反死刑聯盟發表聲明如下：
Therefore, World Coalition Against the Death Penalty (WCADP), representing member organizations, urges:
1.們呼籲聯合國人權理事會發起真相發現任務團，中國政府對外宣稱此為刑事犯罪事件，就應該接受這個公平的調查，並允許外國媒體自由進行採訪。
1. The initiation of an open, independent, transparent, fair and impartial investigation following the recent reports of violence on the part of both demonstrators and security forces. The Chinese authorities should also ensure unconditional media access in the Region;
2.同時，我們認為，所有參與騷亂事件的嫌疑人，都應該要接受合理、公平的調查以及審判；每位嫌疑人應該要獨立的選任辯護人；每位辯護人都能自主行使律師職權、不受政府的威脅。
2. All the suspects arrested in this incident be guaranteed fair and open investigation and trial, defence lawyers be independent of government pressure, and all defence lawyers be able to freely carry out their role as defence lawyers;
3.中國政府簽署了國際公民與政治權利公約，禁止酷刑和其他殘忍、不人道或有辱人格的待遇或處罰公約，我們也再次申明生命權是基本人權,而死刑不但是殘酷不人道的懲罰，也是一種對於弱勢族群以及政治異議者的歧視，中國政府不應以死刑作為統治、打壓異己的工具；中國政府官員威脅要用死刑來嚴懲騷亂事件的參與者，是錯誤的行為。世界反死刑聯盟反對使用死刑。
3. Right to life is one of the basic human rights. The death penalty is not only a cruel and inhuman punishment but is also utilized as a means of suppressing minorities and dissidents. The Chinese government should act in accordance with the International Covenant on Civil and Political Rights (ICCPR) and UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) instead of using death penalty as means of governance and suppressing the dissidents. The threat of death penalty from the Chinese officials concerning those arrested in this incident is opposed by the World Coalition Against the Death Penalty.
The World Coalition Against the Death Penalty
Created in Rome in 2002, the World Coalition Against the Death Penalty brings together 96 bar associations, trade unions, local governments and non-governmental organizations. It aims at strengthening the international dimension of the fight against the death penalty and at contributing to put an end to death sentences and executions.
Wednesday, 15 July 2009
Papua New Guinea must not restart executions
An open letter from Amnesty International and Human Rights Watch
14 July 2009
The Papua New Guinea government should abolish the death penalty instead of putting it back into effect, Human Rights Watch and Amnesty International said in a joint letter this week.
In the letter to Dr. Allan Marat, justice minister and attorney general, the two human rights organizations criticized statements by Papua New Guinea government officials calling for steps that would enable it to carry out executions.
Recent violent crimes, including the alleged killings of four children by their mother, led to statements by officials that they were considering reinstating executions. Marat told journalists recently that his office was drawing up regulations necessary to conduct executions.
Papua New Guinea has not carried out an execution since 1954, despite Parliament's reintroduction of the death penalty for wilful murder in 1991.
"The death penalty is a violation of the right to life and Papua New Guinea would damage its credibility by re introducing it," said Amnesty International's Pacific researcher Apolosi Bose.
"Instead, Papua New Guinea should uphold the guarantees of the right to life and freedom from cruel, inhumane, and degrading treatment found in its own constitution and international legal commitments."
Amnesty International and Human Rights Watch oppose the death penalty in all cases as a violation of fundamental rights.
The organizations have called on Papua New Guinea to abolish the death penalty and to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights. The organizations also called on the government to strengthen its judicial system so that those convicted of crimes face just penalties that comply with international standards.
"Restarting executions would be a huge step backward for Papua New Guinea that would move the country away from the prevailing trend of world opinion and practice," said Zama Coursen-Neff, deputy director of the Children’s Rights Division at Human Rights Watch.
"Papua New Guinea should strengthen its criminal justice system, but there's no evidence that the death penalty actually deters crimes more than other punishments."
The death penalty has been legally abolished by 94 countries, and only a small minority of countries – 25 in 2008 – continues to carry out executions.
Open letter to Papua New Guinea Minister of Justice
Letter urging the Minister of Justice to abolish death penalty
Hon. Dr. Allan Marat
Minister of Justice
Department of Justice
Government of Papua New Guinea
Port Moresby
Dear Minister Marat:
We write to express concern over your recent statements in Parliament suggesting that the death penalty might be soon implemented for the first time since Papua New Guinea gained self-governance and independence and that your office may develop regulations to do so. Not only would this be a highly regressive measure for justice and human rights within Papua New Guinea, it would also be in stark contrast to the prevailing trend of world opinion and practice.
Human Rights Watch and Amnesty International are opposed to the death penalty in all circumstances as a violation of fundamental rights-the right to life and the right not to be subjected to cruel, inhuman, and degrading punishment. Amnesty International and Human Rights Watch are international, nongovernmental organizations that monitor the compliance of countries with their obligations under international human rights law. Both have Special Consultative Status at the United Nations, and regularly report on human rights conditions in countries around the world and actively promote legislative and policy reform worldwide to ensure compliance with international human rights standards and international humanitarian law.
We acknowledge that Papua New Guinea has not carried out an execution since 1954, despite Parliament's 1991 reintroduction of the death penalty for willful murder. We welcome Papua New Guinea's accession in 2008 to the International Covenant on Civil and Political Rights (ICCPR), an important step towards guaranteeing respect for fundamental human rights in the country. We urge Papua New Guinea to continue in this direction by abolishing the death penalty and ratifying the Second Optional Protocol to the ICCPR, which abolishes the death penalty. Such a move would allow Papua New Guinea to join the community of 94 countries that have already legally abolished this cruel and inhuman practice.
We understand that cases such as the recent murder of four children by their mother have caused immense shock and sadness throughout the country. And we note that the pressure for the state to act decisively against such crimes is immense. However, simply because a person may have killed brutally does not mean that the state should do the same. It is the responsibility of the state to respect fundamental human rights in its delivery of justice.
There is no credible evidence that the death penalty deters serious crime more effectively than other punishments. The most recent surveys 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." On December 18, 2007, the UN General Assembly adopted by a wide margin a resolution calling for a worldwide moratorium on the death penalty. The resolution states that "there is no conclusive evidence of the death penalty's deterrent value," and that the "use of the death penalty undermines human dignity."
The intrinsic fallibility of all criminal justice systems assures that even when full due process of law is respected, innocent persons are sometimes executed. The risk of error means that the death penalty inevitably claims the lives of those later found to be innocent, as has been persistently demonstrated. Executions are inevitably carried out in an arbitrary manner, inflicted primarily on the most vulnerable-the poor and the mentally ill.
We also note that as of late 2008, a boy under the age of 18 was imprisoned under a sentence of death. The prohibition on the death penalty for crimes committed by juvenile offenders is well established in international treaty and customary law. The overwhelming majority of states comply with this standard. Both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights prohibit capital punishment for persons under the age of 18 at the time of the offense. In 1994 the UN Human Rights Committee stated that it considered the prohibition against capital punishment for children to be part of international customary law.
Currently, Papua New Guinea's criminal code prescribes hanging as the method of execution, and your recent statements in parliament also reference lethal injection as a possible alternative. The death penalty always constitutes cruel, inhumane and degrading punishment whatever the method of execution.
As Minister of Justice, you play a critical role in bringing justice for victims of crime as well as those accused of committing crimes. Human Rights Watch and Amnesty International encourage you to use your position as Minister of Justice to strengthen the judicial system so that perpetrators of crimes face just penalties that are in compliance with international standards. In addition, we urge you to use your influence with the government to promote abolishment of the death penalty in Papua New Guinea and ratification of the Second Optional Protocol to the ICCPR.
Thank you for your attention to our concerns, and we look forward to receiving a response from you at your earliest convenience
Yours sincerely,
Zama Coursen-Neff
Deputy Director
Children's Rights Division
Human Rights Watch
Donna Guest
Deputy Programme Director
Asia Pacific Programme
Amnesty International
cc. Hon. Sam Abal
Minister for Foreign Affairs
Related stories:
Papua New Guinea: 'Waiting for' execution guidelines -- 8 July 2009
Papua New Guinea: Ending its isolation? -- 26 April 2006
14 July 2009
The Papua New Guinea government should abolish the death penalty instead of putting it back into effect, Human Rights Watch and Amnesty International said in a joint letter this week.
In the letter to Dr. Allan Marat, justice minister and attorney general, the two human rights organizations criticized statements by Papua New Guinea government officials calling for steps that would enable it to carry out executions.
Recent violent crimes, including the alleged killings of four children by their mother, led to statements by officials that they were considering reinstating executions. Marat told journalists recently that his office was drawing up regulations necessary to conduct executions.
Papua New Guinea has not carried out an execution since 1954, despite Parliament's reintroduction of the death penalty for wilful murder in 1991.
"The death penalty is a violation of the right to life and Papua New Guinea would damage its credibility by re introducing it," said Amnesty International's Pacific researcher Apolosi Bose.
"Instead, Papua New Guinea should uphold the guarantees of the right to life and freedom from cruel, inhumane, and degrading treatment found in its own constitution and international legal commitments."
Amnesty International and Human Rights Watch oppose the death penalty in all cases as a violation of fundamental rights.
The organizations have called on Papua New Guinea to abolish the death penalty and to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights. The organizations also called on the government to strengthen its judicial system so that those convicted of crimes face just penalties that comply with international standards.
"Restarting executions would be a huge step backward for Papua New Guinea that would move the country away from the prevailing trend of world opinion and practice," said Zama Coursen-Neff, deputy director of the Children’s Rights Division at Human Rights Watch.
"Papua New Guinea should strengthen its criminal justice system, but there's no evidence that the death penalty actually deters crimes more than other punishments."
The death penalty has been legally abolished by 94 countries, and only a small minority of countries – 25 in 2008 – continues to carry out executions.
Open letter to Papua New Guinea Minister of Justice
Letter urging the Minister of Justice to abolish death penalty
Hon. Dr. Allan Marat
Minister of Justice
Department of Justice
Government of Papua New Guinea
Port Moresby
Dear Minister Marat:
We write to express concern over your recent statements in Parliament suggesting that the death penalty might be soon implemented for the first time since Papua New Guinea gained self-governance and independence and that your office may develop regulations to do so. Not only would this be a highly regressive measure for justice and human rights within Papua New Guinea, it would also be in stark contrast to the prevailing trend of world opinion and practice.
Human Rights Watch and Amnesty International are opposed to the death penalty in all circumstances as a violation of fundamental rights-the right to life and the right not to be subjected to cruel, inhuman, and degrading punishment. Amnesty International and Human Rights Watch are international, nongovernmental organizations that monitor the compliance of countries with their obligations under international human rights law. Both have Special Consultative Status at the United Nations, and regularly report on human rights conditions in countries around the world and actively promote legislative and policy reform worldwide to ensure compliance with international human rights standards and international humanitarian law.
We acknowledge that Papua New Guinea has not carried out an execution since 1954, despite Parliament's 1991 reintroduction of the death penalty for willful murder. We welcome Papua New Guinea's accession in 2008 to the International Covenant on Civil and Political Rights (ICCPR), an important step towards guaranteeing respect for fundamental human rights in the country. We urge Papua New Guinea to continue in this direction by abolishing the death penalty and ratifying the Second Optional Protocol to the ICCPR, which abolishes the death penalty. Such a move would allow Papua New Guinea to join the community of 94 countries that have already legally abolished this cruel and inhuman practice.
We understand that cases such as the recent murder of four children by their mother have caused immense shock and sadness throughout the country. And we note that the pressure for the state to act decisively against such crimes is immense. However, simply because a person may have killed brutally does not mean that the state should do the same. It is the responsibility of the state to respect fundamental human rights in its delivery of justice.
There is no credible evidence that the death penalty deters serious crime more effectively than other punishments. The most recent surveys 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." On December 18, 2007, the UN General Assembly adopted by a wide margin a resolution calling for a worldwide moratorium on the death penalty. The resolution states that "there is no conclusive evidence of the death penalty's deterrent value," and that the "use of the death penalty undermines human dignity."
The intrinsic fallibility of all criminal justice systems assures that even when full due process of law is respected, innocent persons are sometimes executed. The risk of error means that the death penalty inevitably claims the lives of those later found to be innocent, as has been persistently demonstrated. Executions are inevitably carried out in an arbitrary manner, inflicted primarily on the most vulnerable-the poor and the mentally ill.
We also note that as of late 2008, a boy under the age of 18 was imprisoned under a sentence of death. The prohibition on the death penalty for crimes committed by juvenile offenders is well established in international treaty and customary law. The overwhelming majority of states comply with this standard. Both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights prohibit capital punishment for persons under the age of 18 at the time of the offense. In 1994 the UN Human Rights Committee stated that it considered the prohibition against capital punishment for children to be part of international customary law.
Currently, Papua New Guinea's criminal code prescribes hanging as the method of execution, and your recent statements in parliament also reference lethal injection as a possible alternative. The death penalty always constitutes cruel, inhumane and degrading punishment whatever the method of execution.
As Minister of Justice, you play a critical role in bringing justice for victims of crime as well as those accused of committing crimes. Human Rights Watch and Amnesty International encourage you to use your position as Minister of Justice to strengthen the judicial system so that perpetrators of crimes face just penalties that are in compliance with international standards. In addition, we urge you to use your influence with the government to promote abolishment of the death penalty in Papua New Guinea and ratification of the Second Optional Protocol to the ICCPR.
Thank you for your attention to our concerns, and we look forward to receiving a response from you at your earliest convenience
Yours sincerely,
Zama Coursen-Neff
Deputy Director
Children's Rights Division
Human Rights Watch
Donna Guest
Deputy Programme Director
Asia Pacific Programme
Amnesty International
cc. Hon. Sam Abal
Minister for Foreign Affairs
Related stories:
Papua New Guinea: 'Waiting for' execution guidelines -- 8 July 2009
Papua New Guinea: Ending its isolation? -- 26 April 2006
Wednesday, 8 July 2009
Top Indian court upholds hangings
From BBC News
India's Supreme Court has rejected a petition to replace hanging with lethal injection as the country's sole method of execution.
The court said there was no evidence to suggest that hanging was less painful.
Activist Ashok Kumar Walia had argued that hanging was a "cruel and painful" method of execution and should be replaced by lethal injection.
Indian authorities say the death penalty is rarely carried out and is usually reserved for serious cases.
There has been just one execution - in 2004 - in India in the past 10 years.
"How do you know that hanging causes pain? And how do you know that injecting the condemned prisoner with a lethal drug would not cause pain?" Chief Justice KG Balakrishnan was quoted by the Times of India newspaper as saying.
Justice Balakrishnan and Justice P Sathasivam said that experts believe that hanging - meant to dislocate the neck and sever the spinal cord - caused instant death.
"Many countries, still practising death penalty, have various methods of execution - death squad which guns down a condemned prisoner from close range, hanging by the neck, electric chair and by injecting a lethal drug.
"In India, we have a very, very liberal sentencing system based on a humane law. The courts in the rarest of the rare cases award death sentence," the newspaper quoted the judges as saying.
Only in the most horrific or politically sensitive cases is the death penalty awarded.
The court suggested that Mr Walia should campaign for the outright abolition of capital punishment in India.
A 1983 ruling by the Supreme Court stated that the death penalty should be imposed only in "the rarest of rare cases".
Page last updated at 12:29 GMT, Tuesday, 7 July 2009 13:29 UK
Related stories:
India: "Abusive lottery must be abolished" -- 30 May 2008
India's Supreme Court has rejected a petition to replace hanging with lethal injection as the country's sole method of execution.
The court said there was no evidence to suggest that hanging was less painful.
Activist Ashok Kumar Walia had argued that hanging was a "cruel and painful" method of execution and should be replaced by lethal injection.
Indian authorities say the death penalty is rarely carried out and is usually reserved for serious cases.
There has been just one execution - in 2004 - in India in the past 10 years.
"How do you know that hanging causes pain? And how do you know that injecting the condemned prisoner with a lethal drug would not cause pain?" Chief Justice KG Balakrishnan was quoted by the Times of India newspaper as saying.
Justice Balakrishnan and Justice P Sathasivam said that experts believe that hanging - meant to dislocate the neck and sever the spinal cord - caused instant death.
"Many countries, still practising death penalty, have various methods of execution - death squad which guns down a condemned prisoner from close range, hanging by the neck, electric chair and by injecting a lethal drug.
"In India, we have a very, very liberal sentencing system based on a humane law. The courts in the rarest of the rare cases award death sentence," the newspaper quoted the judges as saying.
Only in the most horrific or politically sensitive cases is the death penalty awarded.
The court suggested that Mr Walia should campaign for the outright abolition of capital punishment in India.
A 1983 ruling by the Supreme Court stated that the death penalty should be imposed only in "the rarest of rare cases".
Page last updated at 12:29 GMT, Tuesday, 7 July 2009 13:29 UK
Related stories:
India: "Abusive lottery must be abolished" -- 30 May 2008
Papua New Guinea: 'Waiting for' execution guidelines
By PNG correspondent Liam Fox
From ABC Australia
Papua New Guinea's attorney-general says he is waiting for guidelines to be drawn up to allow the enforcement of the death penalty.
PNG's criminal code allows for people to be sentenced to death by hanging but the penalty has never been carried out.
There have been several high-profile murders recently and in parliament today attorney-general Alan Marat was asked why the penalty has never been enforced.
He says there are no regulations governing how an execution would be conducted and he is waiting for his department to draw them up.
"I want to take that regulation to cabinet for endorsement but it's just not ready, but as soon as it's ready maybe we start implementing," he said.
Dr Marat says his department is also looking at whether executions could be carried out by lethal injection.
Related stories:
Papua New Guinea: Ending its isolation? -- 26 April 2006
From ABC Australia
Papua New Guinea's attorney-general says he is waiting for guidelines to be drawn up to allow the enforcement of the death penalty.
PNG's criminal code allows for people to be sentenced to death by hanging but the penalty has never been carried out.
There have been several high-profile murders recently and in parliament today attorney-general Alan Marat was asked why the penalty has never been enforced.
He says there are no regulations governing how an execution would be conducted and he is waiting for his department to draw them up.
"I want to take that regulation to cabinet for endorsement but it's just not ready, but as soon as it's ready maybe we start implementing," he said.
Dr Marat says his department is also looking at whether executions could be carried out by lethal injection.
Related stories:
Papua New Guinea: Ending its isolation? -- 26 April 2006
Wednesday, 1 July 2009
Australia: Canberra to act on death penalty ban
From The Age:
Canberra to act on death penalty ban
Cynthia Banham
THE Federal Government has written to the states, telling them of its plans to introduce laws banning them from ever reintroducing the death penalty, whether they like it or not.
While all states have abolished the death penalty, there is nothing preventing a government from bringing it back.
The Age has a copy of a letter sent from Federal Attorney General Robert McClelland to his state counterparts on June 16, informing them "of the Commonwealth Government's intention to introduce legislation to prohibit the application of the death penalty throughout Australia".
The language of the letter is significant, as it indicates the Federal Government has opted to use the external affairs power in the constitution to put the prohibition in place.
This is instead of asking the states to refer their powers to the Commonwealth to enable it to pass the laws banning the reintroduction of the death penalty — an option that is seen as less watertight by the Federal Government because usually states only refer their powers for a limited period of time.
It is understood the Federal Government has legal advice that under the external affairs power and international treaties signed by Australia, including the Second Optional Protocol to the International Covenant on Civil and Political Rights, it is able enact the laws and so intends to take this path.
The Federal Opposition's preference will be to not rely on the external affairs power.
The Federal Government has given the states until Monday to respond to its letter and said the formal prohibition would "further demonstrate our nation's commitment to the worldwide abolitionist movement".
"It would complement our co-sponsorship of resolutions calling for a moratorium on the death penalty in the United Nations General Assembly and safeguard the fulfilment of our obligation under the Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the death penalty within Australia's jurisdiction," the letter said.
Three Australians are on death row in Indonesia — Scott Rush, Myuran Sukumaran and Andrew Chan, who are part of the so-called "Bali Nine".
The Federal Government is keen to send a strong message internationally about Australia's opposition to the death penalty.
There is cross-party support for the Federal Parliament to ban states from reviving the death penalty. A bipartisan working group against the death penalty, including Liberal Senator Gary Humphries, was established late last year.
The bill to ban the reintroduction of the death penalty is likely to be introduced into Parliament in spring. It will probably form part of the same bill criminalising torture as a federal offence.
The Federal Government has already consulted with the states over its decision to make torture a Commonwealth offence and to ratify the Optional Protocol to the United Nations Convention against Torture, which involves allowing international inspections of places of detention.
It is understood that the West Australian Liberal Government is the only state to have raised concerns over the issue.
Canberra to act on death penalty ban
Cynthia Banham
THE Federal Government has written to the states, telling them of its plans to introduce laws banning them from ever reintroducing the death penalty, whether they like it or not.
While all states have abolished the death penalty, there is nothing preventing a government from bringing it back.
The Age has a copy of a letter sent from Federal Attorney General Robert McClelland to his state counterparts on June 16, informing them "of the Commonwealth Government's intention to introduce legislation to prohibit the application of the death penalty throughout Australia".
The language of the letter is significant, as it indicates the Federal Government has opted to use the external affairs power in the constitution to put the prohibition in place.
This is instead of asking the states to refer their powers to the Commonwealth to enable it to pass the laws banning the reintroduction of the death penalty — an option that is seen as less watertight by the Federal Government because usually states only refer their powers for a limited period of time.
It is understood the Federal Government has legal advice that under the external affairs power and international treaties signed by Australia, including the Second Optional Protocol to the International Covenant on Civil and Political Rights, it is able enact the laws and so intends to take this path.
The Federal Opposition's preference will be to not rely on the external affairs power.
The Federal Government has given the states until Monday to respond to its letter and said the formal prohibition would "further demonstrate our nation's commitment to the worldwide abolitionist movement".
"It would complement our co-sponsorship of resolutions calling for a moratorium on the death penalty in the United Nations General Assembly and safeguard the fulfilment of our obligation under the Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the death penalty within Australia's jurisdiction," the letter said.
Three Australians are on death row in Indonesia — Scott Rush, Myuran Sukumaran and Andrew Chan, who are part of the so-called "Bali Nine".
The Federal Government is keen to send a strong message internationally about Australia's opposition to the death penalty.
There is cross-party support for the Federal Parliament to ban states from reviving the death penalty. A bipartisan working group against the death penalty, including Liberal Senator Gary Humphries, was established late last year.
The bill to ban the reintroduction of the death penalty is likely to be introduced into Parliament in spring. It will probably form part of the same bill criminalising torture as a federal offence.
The Federal Government has already consulted with the states over its decision to make torture a Commonwealth offence and to ratify the Optional Protocol to the United Nations Convention against Torture, which involves allowing international inspections of places of detention.
It is understood that the West Australian Liberal Government is the only state to have raised concerns over the issue.
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