ATTORNEY-GENERAL
HON ROBERT McCLELLAND MP
SECOND READING
CRIMES LEGISLATION AMENDMENT(TORTURE PROHIBITION AND DEATH PENALTY ABOLITION) BILL
THURSDAY, 19 NOVEMBER 2009
I am pleased to introduce the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009.
The Bill contains two key measures.
First, it enacts a specific Commonwealth torture offence in the Commonwealth Criminal Code, to operate concurrently with existing offences in State and Territory criminal laws.
Second, it amends the Commonwealth Death Penalty Abolition Act 1973 to extend the application of the current prohibition on the death penalty to State laws, to ensure the death penalty cannot be introduced anywhere in Australia.
The overarching purpose behind these amendments is, in the spirit of engagement with international human rights mechanisms, to ensure that Australia complies fully with its international obligations to combat torture and to demonstrate our commitment to the worldwide abolitionist movement.
[Speech addresses the abolition of torture aspects of the bill]
Abolition of the Death Penalty
Australia has a long-standing policy of opposition to the death penalty. Australia is a party to both the International Covenant on Civil and Political Rights and the Second Optional Protocol to the Covenant Aiming at the Abolition of the Death Penalty.
The ICCPR only permits the death penalty for the 'most serious crimes'. The Second Optional Protocol goes further and requires Australia to take all necessary measures to abolish the death penalty within its jurisdiction and to ensure that no one within its jurisdiction is subject to the death penalty.
The death penalty has been formally abolished in all jurisdictions in Australia.
It was first abolished for Commonwealth and Territory offences in 1973, by the Commonwealth Death Penalty Abolition Act. Each State has independently and separately abolished the death penalty, and there are no proposals by any State or Territory Government to reinstate the death penalty.
The purpose of the legislation is to extend the application of the current prohibition on the death penalty to State laws. This will ensure that the death penalty cannot be reintroduced anywhere in Australia in the future.
The amendments emphasise Australia's commitment to our obligations under the Second Optional Protocol to the International Covenant on Civil and Political Rights, and ensure that Australia continues to comply with those obligations.
Such a comprehensive rejection of capital punishment will also demonstrate Australia’s commitment to the worldwide abolitionist movement, and complement Australia’s international lobbying efforts against the death penalty.
In summary, this Bill contains important measures which again demonstrate this Government's ongoing commitment to better recognise Australia's international human rights obligations.
I therefore commend the Bill to the House.
Thursday, 19 November 2009
Australia acts to outlaw death penalty
Media release from Robert McClelland, Attorney-General of Australia
19 November 2009
AUSTRALIA TAKES ACTION AGAINST TORTURE AND THE DEATH PENALTY
Attorney-General Robert McClelland today introduced the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009.
The Bill implements a specific Commonwealth offence of torture into the Commonwealth Criminal Code.
The new offence will operate concurrently with existing offences in State and Territory laws.
"Introducing a specific Commonwealth offence of torture will more clearly fulfil Australia's obligations under the United Nations Convention Against Torture to ban all acts of torture, wherever they occur," Mr McClelland said.
The Bill also amends the Commonwealth Death Penalty Abolition Act 1973 to extend the application of the current prohibition on the death penalty to State laws, to ensure the death penalty cannot be introduced anywhere in Australia.
The Bill was developed in consultation with the States and Territories.
Amending the Death Penalty Abolition Act 1973 to cover State laws will safeguard Australia's ongoing compliance with the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the Abolition of the Death Penalty.
"It will ensure the death penalty cannot be reintroduced anywhere in Australia in the future," Mr McClelland said.
"The purpose of these amendments is to ensure that Australia complies fully with its international obligations to combat torture and to demonstrate our commitment to the worldwide movement for the abolition of the death penalty."
"Taking these steps demonstrates our fundamental opposition to acts that are contrary to basic human values."
19 November 2009
AUSTRALIA TAKES ACTION AGAINST TORTURE AND THE DEATH PENALTY
Attorney-General Robert McClelland today introduced the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009.
The Bill implements a specific Commonwealth offence of torture into the Commonwealth Criminal Code.
The new offence will operate concurrently with existing offences in State and Territory laws.
"Introducing a specific Commonwealth offence of torture will more clearly fulfil Australia's obligations under the United Nations Convention Against Torture to ban all acts of torture, wherever they occur," Mr McClelland said.
The Bill also amends the Commonwealth Death Penalty Abolition Act 1973 to extend the application of the current prohibition on the death penalty to State laws, to ensure the death penalty cannot be introduced anywhere in Australia.
The Bill was developed in consultation with the States and Territories.
Amending the Death Penalty Abolition Act 1973 to cover State laws will safeguard Australia's ongoing compliance with the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the Abolition of the Death Penalty.
"It will ensure the death penalty cannot be reintroduced anywhere in Australia in the future," Mr McClelland said.
"The purpose of these amendments is to ensure that Australia complies fully with its international obligations to combat torture and to demonstrate our commitment to the worldwide movement for the abolition of the death penalty."
"Taking these steps demonstrates our fundamental opposition to acts that are contrary to basic human values."
Sunday, 8 November 2009
Singapore: Malaysian faces execution for drugs
Amnesty International issued the following urgent action appeal for a Malaysian man at risk imminent risk of execution in Singapore.
URGENT ACTION
MALAYSIAN MAN FACING EXECUTION IN SINGAPORE
Yong Vui Kong was sentenced to death for drug trafficking in January 2009. He had exhausted his appeals by October, and can now escape execution only if the president grants clemency
Yong Vui Kong was arrested in June 2007, when he was 19, by officers from the Central Narcotics Bureau. He was charged with trafficking 42.27 grams of heroin, and then sentenced to death in January 2009
He had been working as a messenger for a man in Malaysia who often asked him to collect money from debtors or deliver packages as "gifts" to people in Singapore and Malaysia. At his trial, Yong Vui Kong said he had not known what was in the packages, and when he asked, he had simply been told not to open them. The judge, however, ruled that Yong must have been aware of their contents, saying in his written summation, "I found that the accused had failed to rebut the presumption against him. I am of the view that the prosecution had proved its case against the accused beyond reasonable doubt, and I therefore found the accused guilty as charged and sentenced him to suffer death
Yong was convicted under the Misuse of Drugs Act, which provides that anyone found guilty of illegally importing, exporting or trafficking more than 15 grams of heroin will automatically receive a mandatory death sentence
Governments need to address crimes, including drug trafficking, but there is no clear evidence that the death penalty deters crime more effectively than other forms of punishment. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated in his 2005 report that the "mandatory death penalty, which precludes the possibility of a lesser sentence being imposed regardless of the circumstances, is inconsistent with the prohibition of cruel, inhuman or degrading treatment or punishment." To date, 139 countries have abolished death penalty in law or practice
PLEASE WRITE IMMEDIATELY in English, Mandarin or your own language:
Urging the president to grant clemency to Yong Vui Kong and commute his death sentence;
Expressing concern that because the death penalty is mandatory for drug-trafficking cases, the court had no discretion to sentence Yong Vui Kong to an alternative punishment;
Calling on the president to introduce a moratorium on executions, with a view to complete abolition of the death penalty.
ADDITIONAL INFORMATION
The authorities in Singapore do not release any information about the use of the death penalty in the country. At least one person is known to have been hanged so far in 2009, and at least three sentenced to death; in 2008, at least one person was hanged and five sentenced to death. The true figures are likely to be higher. The government has always maintained that the death penalty is not a human rights issue, and consistently lobbied other nations against the abolition of the death penalty.
All capital cases are tried by the High Court; convicted prisoners can appeal, and if they are unsuccessful they can apply to the president for clemency. President Nathan, who has been in power since 1999, is not known to have granted clemency to any condemned prisoner.
PLEASE SEND APPEALS BEFORE 15 DECEMBER 2009:
President
His Excellency SR Nathan
Office of the President
Istana, Orchard Road
Singapore 0922
Email: s_r_nathan@istana.gov.sg
Salutation: Your Excellency
UA: 296/09 Index: ASA 36/004/2009 Singapore
Date: 03 November 2009
URGENT ACTION
MALAYSIAN MAN FACING EXECUTION IN SINGAPORE
Yong Vui Kong was sentenced to death for drug trafficking in January 2009. He had exhausted his appeals by October, and can now escape execution only if the president grants clemency
Yong Vui Kong was arrested in June 2007, when he was 19, by officers from the Central Narcotics Bureau. He was charged with trafficking 42.27 grams of heroin, and then sentenced to death in January 2009
He had been working as a messenger for a man in Malaysia who often asked him to collect money from debtors or deliver packages as "gifts" to people in Singapore and Malaysia. At his trial, Yong Vui Kong said he had not known what was in the packages, and when he asked, he had simply been told not to open them. The judge, however, ruled that Yong must have been aware of their contents, saying in his written summation, "I found that the accused had failed to rebut the presumption against him. I am of the view that the prosecution had proved its case against the accused beyond reasonable doubt, and I therefore found the accused guilty as charged and sentenced him to suffer death
Yong was convicted under the Misuse of Drugs Act, which provides that anyone found guilty of illegally importing, exporting or trafficking more than 15 grams of heroin will automatically receive a mandatory death sentence
Governments need to address crimes, including drug trafficking, but there is no clear evidence that the death penalty deters crime more effectively than other forms of punishment. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated in his 2005 report that the "mandatory death penalty, which precludes the possibility of a lesser sentence being imposed regardless of the circumstances, is inconsistent with the prohibition of cruel, inhuman or degrading treatment or punishment." To date, 139 countries have abolished death penalty in law or practice
PLEASE WRITE IMMEDIATELY in English, Mandarin or your own language:
Urging the president to grant clemency to Yong Vui Kong and commute his death sentence;
Expressing concern that because the death penalty is mandatory for drug-trafficking cases, the court had no discretion to sentence Yong Vui Kong to an alternative punishment;
Calling on the president to introduce a moratorium on executions, with a view to complete abolition of the death penalty.
ADDITIONAL INFORMATION
The authorities in Singapore do not release any information about the use of the death penalty in the country. At least one person is known to have been hanged so far in 2009, and at least three sentenced to death; in 2008, at least one person was hanged and five sentenced to death. The true figures are likely to be higher. The government has always maintained that the death penalty is not a human rights issue, and consistently lobbied other nations against the abolition of the death penalty.
All capital cases are tried by the High Court; convicted prisoners can appeal, and if they are unsuccessful they can apply to the president for clemency. President Nathan, who has been in power since 1999, is not known to have granted clemency to any condemned prisoner.
PLEASE SEND APPEALS BEFORE 15 DECEMBER 2009:
President
His Excellency SR Nathan
Office of the President
Istana, Orchard Road
Singapore 0922
Email: s_r_nathan@istana.gov.sg
Salutation: Your Excellency
UA: 296/09 Index: ASA 36/004/2009 Singapore
Date: 03 November 2009
Saturday, 7 November 2009
China: Lethal injection site completed
By Cui Xiaohuo (China Daily)
From: China Daily, 6 November 2009
Beijing's first permanent lethal injection facility has been completed, ahead of plans to abolish execution by firing squad for criminals next year.
The new facility is within the Beijing No 1 Detention Center in Chaoyang district, the Beijing Youth Daily reported yesterday, quoting sources from three intermediate courts. Court personnel responsible for executions have recently received training in operation of the beds, injection pumps and other equipment.
Beijing's justice authority did not provide details about the new facility yesterday, and it is unknown how many execution beds the facility has prepared.
Most criminal executions this year were carried out by a firing squad at various sites in suburban Beijing, the justice authority said. Condemned prisoners are blindfolded and turned away from court marshals.
A small number received a lethal injection.
Experts familiar with execution methods said the reform had taken years to implement.
"This is no longer the time for public executions," said Qu Xinjiu, a criminal law professor at the China University of Politics and Law.
"The harshness of the execution is not necessary to horrify the public and torture the criminals, who also deserve decent deaths," said Zhao Bingzhi, secretary-general of the China Law Science Society Criminal Law Research Institute.
Zheng Xiaoyu, executed on July 10, 2007, was the last senior official to die from lethal injection. He was convicted of corruption during his tenure as director of the State Food and Drug Administration.
Zhao said lethal injection for corrupt officials was not an act of mercy for those in power.
"The officials who received lethal injections were known because of media reports. But the practice is not restricted to officials only, the other cases just went unreported," said Zhao.
It costs the Beijing government about 700 yuan ($103) to carry out one execution by firing squad. Lethal injection is expected to cost more money because of the technology involved.
Media reported in June that courts will likely use sodium thiopental, a rapid anaesthetic, as a component of the injection. The process takes about one minute.
The US also use this drug for condemned prisoners.
Lethal injection practices have been gradually put into operation since 1997 in 15 provinces and municipalities around China.
Justice authorities in Beijing have been reluctant to use the practice widely.
The Beijing government does not release the number of executed criminals each year.
(China Daily 11/06/2009 page26)
From: China Daily, 6 November 2009
Beijing's first permanent lethal injection facility has been completed, ahead of plans to abolish execution by firing squad for criminals next year.
The new facility is within the Beijing No 1 Detention Center in Chaoyang district, the Beijing Youth Daily reported yesterday, quoting sources from three intermediate courts. Court personnel responsible for executions have recently received training in operation of the beds, injection pumps and other equipment.
Beijing's justice authority did not provide details about the new facility yesterday, and it is unknown how many execution beds the facility has prepared.
Most criminal executions this year were carried out by a firing squad at various sites in suburban Beijing, the justice authority said. Condemned prisoners are blindfolded and turned away from court marshals.
A small number received a lethal injection.
Experts familiar with execution methods said the reform had taken years to implement.
"This is no longer the time for public executions," said Qu Xinjiu, a criminal law professor at the China University of Politics and Law.
"The harshness of the execution is not necessary to horrify the public and torture the criminals, who also deserve decent deaths," said Zhao Bingzhi, secretary-general of the China Law Science Society Criminal Law Research Institute.
Zheng Xiaoyu, executed on July 10, 2007, was the last senior official to die from lethal injection. He was convicted of corruption during his tenure as director of the State Food and Drug Administration.
Zhao said lethal injection for corrupt officials was not an act of mercy for those in power.
"The officials who received lethal injections were known because of media reports. But the practice is not restricted to officials only, the other cases just went unreported," said Zhao.
It costs the Beijing government about 700 yuan ($103) to carry out one execution by firing squad. Lethal injection is expected to cost more money because of the technology involved.
Media reported in June that courts will likely use sodium thiopental, a rapid anaesthetic, as a component of the injection. The process takes about one minute.
The US also use this drug for condemned prisoners.
Lethal injection practices have been gradually put into operation since 1997 in 15 provinces and municipalities around China.
Justice authorities in Beijing have been reluctant to use the practice widely.
The Beijing government does not release the number of executed criminals each year.
(China Daily 11/06/2009 page26)
Saturday, 17 October 2009
Mongolia: Death row inmate pardoned
On 30 July 2009 Amnesty International (AI) issued an urgent appeal 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.
On 14 October, AI issued the following update.
Urgent Action
Mongolian death row inmate pardoned
Buuveibaatar, a 33-year old Mongolian man sentenced to death for murder, has been granted a pardon by the Mongolian President.
Buuveibaatar was sentenced to death for the murder of his former girlfriend’s new boyfriend in January 2008. He had exhausted all his appeals. His father wrote to Amnesty International, thanking everyone for their support.
No further action is requested from the Urgent Action network. Many thanks to all who sent appeals.
This is the first update of UA 206/09 (ASA 30/002/2009).
Issue Date: 14 October 2009
Related story:
Mongolia: Appeal for death row pardon -- 3 August 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.
On 14 October, AI issued the following update.
Urgent Action
Mongolian death row inmate pardoned
Buuveibaatar, a 33-year old Mongolian man sentenced to death for murder, has been granted a pardon by the Mongolian President.
Buuveibaatar was sentenced to death for the murder of his former girlfriend’s new boyfriend in January 2008. He had exhausted all his appeals. His father wrote to Amnesty International, thanking everyone for their support.
No further action is requested from the Urgent Action network. Many thanks to all who sent appeals.
This is the first update of UA 206/09 (ASA 30/002/2009).
Issue Date: 14 October 2009
Related story:
Mongolia: Appeal for death row pardon -- 3 August 2009
Thursday, 8 October 2009
Amnesty damns Japan's death row as cruel, inhuman
From ABC Radio Australia
11 September 2009
The use of the death penalty is on the decline globally. Japan is one of the few industrialised countries to continue to use it, hanging a smalll number of prisoners each year. Amnesty International says the conditions for those on Japan's death row to be curel, inhuman and degrading.
Listen to the interview here.
Presenter: Stephanie Foxley
Speaker: James Welsh, Amnesty International's health expert
WELSH: Yes, this report deals with mental health aspects of death penalty in Japan. We have have had long standing concerns about the death penalty itself in Japan but of growing concern are reports that mentally ill prisoners are being sentenced to death and are being executed. what we've found in trying to investigate the problem was firstly that there are major obstacles to anyone finding out information about the situation of prisoners on death row in Japan it's a very secret and secretive system and this has been found not just by us but by lawyers in Japan and also UN bodies trying to assess the situation. What we found was that prisoners on death row are kept in very harsh conditions, they are isolated, the are prevented from talking to staff or other prisoners and this level of pressure, together with the knowledge that they are going to be executed has a major impact on their mental health. Added to that there's a fact that prisoners are not given a date of their execution, which means every day the potentially face the fact that this could be their last day and this ratchets up the level of pressure on the prisoners. The families of course, are likewise not given notice of the execution of their family member. So all in all it's secretive, it's harsh and it's likely to give rise to high levels of mental stress.
FOXLEY: How many prisoners are we talking about?
WELSH: At the moment there are 102 prisoners on death row in Japan. There are other prisoners who's trials are ongoing, so some of those will certainly join their fellow prisoners on death row. Then others may face execution or may die of natural causes.
FOXLEY: What's the percentage of those that have been diagnosed as mentally ill?
WELSH: Well, that's an extremely relevant question and one that's very hard to answer precisely because of the level of secrecy that applies. We site 5 cases in our report, two of which we give in considerable detail drawing on court documents on medical assessments made for the court. But the answer is, we just don't know, we suspect that there are high levels of mental health problems ranging from mild to very serious, but we just don't know.
FOXLEY: Are there not international standards that are supposed to be followed with regard to the welfare of prisoners, even those on death row?
WELSH: Yes, all prisoners should be protected by basic standards. The Human Rights Committee for the UN has made precisely this point to the Japanese authorities on many many occasions, particularly expressing grave concern about the lack of notice of execution and the impact that could have on prisoners. but up to this point that has been no satisfactory response from the authorities. Now, there was an election in Japan very recently, and a new government will come to power next week, they have committed themselves to a public dialogue on the death penalty, so we see this as quite a hopeful point of entry for our report and for a wider discussion on the death penalty itself in Japan.
FOXLEY: Have you had any confirmation that there will be a moratorium on executions with a view to abolishing the death penalty permanently?
WELSH: There has been no such commitment given, we would be very keen to see such a moratorium take place to allow for a proper debate. We will be making this point to the new government and we will have to see how they respond.
FOXLEY: If the death penalty is not abolished, is there likely to be any abuse of claiming mental illness to avoid the death penalty, is this perhaps one of Japans worries?
WELSH: I don't know if it's a worry. It's a point that can be raised or discussed, in some of the cases we are talking about, the evidence is quite striking. We don't have any concerns that there could be fraud or faked mental illnesses, it's not an easy thing to fake effectively, particularly given the nature of some of the prisoners, they are not medical students, they haven't read up on mental health issues. So, it's a point that can be raised but it's a trivial point and I expect the debate to come down to that level.
11 September 2009
The use of the death penalty is on the decline globally. Japan is one of the few industrialised countries to continue to use it, hanging a smalll number of prisoners each year. Amnesty International says the conditions for those on Japan's death row to be curel, inhuman and degrading.
Listen to the interview here.
Presenter: Stephanie Foxley
Speaker: James Welsh, Amnesty International's health expert
WELSH: Yes, this report deals with mental health aspects of death penalty in Japan. We have have had long standing concerns about the death penalty itself in Japan but of growing concern are reports that mentally ill prisoners are being sentenced to death and are being executed. what we've found in trying to investigate the problem was firstly that there are major obstacles to anyone finding out information about the situation of prisoners on death row in Japan it's a very secret and secretive system and this has been found not just by us but by lawyers in Japan and also UN bodies trying to assess the situation. What we found was that prisoners on death row are kept in very harsh conditions, they are isolated, the are prevented from talking to staff or other prisoners and this level of pressure, together with the knowledge that they are going to be executed has a major impact on their mental health. Added to that there's a fact that prisoners are not given a date of their execution, which means every day the potentially face the fact that this could be their last day and this ratchets up the level of pressure on the prisoners. The families of course, are likewise not given notice of the execution of their family member. So all in all it's secretive, it's harsh and it's likely to give rise to high levels of mental stress.
FOXLEY: How many prisoners are we talking about?
WELSH: At the moment there are 102 prisoners on death row in Japan. There are other prisoners who's trials are ongoing, so some of those will certainly join their fellow prisoners on death row. Then others may face execution or may die of natural causes.
FOXLEY: What's the percentage of those that have been diagnosed as mentally ill?
WELSH: Well, that's an extremely relevant question and one that's very hard to answer precisely because of the level of secrecy that applies. We site 5 cases in our report, two of which we give in considerable detail drawing on court documents on medical assessments made for the court. But the answer is, we just don't know, we suspect that there are high levels of mental health problems ranging from mild to very serious, but we just don't know.
FOXLEY: Are there not international standards that are supposed to be followed with regard to the welfare of prisoners, even those on death row?
WELSH: Yes, all prisoners should be protected by basic standards. The Human Rights Committee for the UN has made precisely this point to the Japanese authorities on many many occasions, particularly expressing grave concern about the lack of notice of execution and the impact that could have on prisoners. but up to this point that has been no satisfactory response from the authorities. Now, there was an election in Japan very recently, and a new government will come to power next week, they have committed themselves to a public dialogue on the death penalty, so we see this as quite a hopeful point of entry for our report and for a wider discussion on the death penalty itself in Japan.
FOXLEY: Have you had any confirmation that there will be a moratorium on executions with a view to abolishing the death penalty permanently?
WELSH: There has been no such commitment given, we would be very keen to see such a moratorium take place to allow for a proper debate. We will be making this point to the new government and we will have to see how they respond.
FOXLEY: If the death penalty is not abolished, is there likely to be any abuse of claiming mental illness to avoid the death penalty, is this perhaps one of Japans worries?
WELSH: I don't know if it's a worry. It's a point that can be raised or discussed, in some of the cases we are talking about, the evidence is quite striking. We don't have any concerns that there could be fraud or faked mental illnesses, it's not an easy thing to fake effectively, particularly given the nature of some of the prisoners, they are not medical students, they haven't read up on mental health issues. So, it's a point that can be raised but it's a trivial point and I expect the debate to come down to that level.
Tuesday, 6 October 2009
Japan's justice minister comments on the death penalty
Justice Minister hopes for greater transparency on death penalty
From The Mainichi Daily News
30 September 2009
Following her appointment as Justice Minister, Keiko Chiba has faced major issues such as the legislation of police investigation videotaping and how to address Japan's death penalty. In an interview with the Mainichi the minister provides her thoughts on these topics.
Mainichi: How will you proceed with legislation of video and sound recordings of all stages of the investigation process, as the Democratic Party of Japan (DPJ) proposed in its election manifesto?
Chiba: We want to stay committed to realizing this steadily. We have put together the framework within the party, and we want to hold open debate on how we will carry the measures out, receiving opinions from many people. On bills presented by lawmakers, we want to narrow down how much we will include, whether it be everything from the outset, or whether we take things one step at a time.
Mainichi: You are a member of the league of Diet members promoting abolition of the death penalty. Do you plan to sign any execution orders as Justice Minister?
Chiba: I am aware that there are regulations and the Justice Minister is entrusted with duties. Now that I have become a member of the government, I will place myself at a certain distance from the league and step down as a member. However, there are various debates about the issue, and in the end, it's a penalty that takes people's lives away from them, so I want to handle the issue cautiously. The citizen judge system has started, and it is possible for the public to select the death penalty. Considering that, I hope that people will focus on the issue and think about it, and that we can create some kind of forum for debate. I hope we can open things up little by little in some form or other, including by making information public and bringing execution venues into public view. I am aware that it is hard for debate to proceed without the public knowing any of the reality.
Mainichi: Diet members have proposed legislation to revise the Civil Code with the introduction of a system of optional separate family names for husbands and wives. How will the DPJ compile opinions on this as the ruling party?
Chiba: It's a fact that there are varying opinions within the party, but up until now the DPJ has been involved in such policymaking, so we will proceed on that footing. I feel it a little strange that the Justice Ministry Legislative Council gave a response (in favor of a legal revision in 1996) but nothing has materialized over this period. We want to quickly settle on a definite plan, and look toward making a proposal at a regular Diet session next year.
(Mainichi Japan) September 30, 2009
From The Mainichi Daily News
30 September 2009
Following her appointment as Justice Minister, Keiko Chiba has faced major issues such as the legislation of police investigation videotaping and how to address Japan's death penalty. In an interview with the Mainichi the minister provides her thoughts on these topics.
Mainichi: How will you proceed with legislation of video and sound recordings of all stages of the investigation process, as the Democratic Party of Japan (DPJ) proposed in its election manifesto?
Chiba: We want to stay committed to realizing this steadily. We have put together the framework within the party, and we want to hold open debate on how we will carry the measures out, receiving opinions from many people. On bills presented by lawmakers, we want to narrow down how much we will include, whether it be everything from the outset, or whether we take things one step at a time.
Mainichi: You are a member of the league of Diet members promoting abolition of the death penalty. Do you plan to sign any execution orders as Justice Minister?
Chiba: I am aware that there are regulations and the Justice Minister is entrusted with duties. Now that I have become a member of the government, I will place myself at a certain distance from the league and step down as a member. However, there are various debates about the issue, and in the end, it's a penalty that takes people's lives away from them, so I want to handle the issue cautiously. The citizen judge system has started, and it is possible for the public to select the death penalty. Considering that, I hope that people will focus on the issue and think about it, and that we can create some kind of forum for debate. I hope we can open things up little by little in some form or other, including by making information public and bringing execution venues into public view. I am aware that it is hard for debate to proceed without the public knowing any of the reality.
Mainichi: Diet members have proposed legislation to revise the Civil Code with the introduction of a system of optional separate family names for husbands and wives. How will the DPJ compile opinions on this as the ruling party?
Chiba: It's a fact that there are varying opinions within the party, but up until now the DPJ has been involved in such policymaking, so we will proceed on that footing. I feel it a little strange that the Justice Ministry Legislative Council gave a response (in favor of a legal revision in 1996) but nothing has materialized over this period. We want to quickly settle on a definite plan, and look toward making a proposal at a regular Diet session next year.
(Mainichi Japan) September 30, 2009
Japan: Will new minister cut hangings?
New DPJ Cabinet might slow down executions
Kyodo News
From The Japan Times online
24 September 2009
With the inauguration of the new government led by the Democratic Party of Japan, there could be a lull in executions of death-row inmates, at least for the time being. Recent years have seen accelerated hangings under Liberal Democratic Party-led governments.
Political commentators have taken particular notice of the appointment of Upper House member Keiko Chiba as justice minister. She opposes capital punishment and belongs to the nonpartisan Parliamentary League for the Abolition of the Death Penalty. The justice minister has the final say in authorizing executions.
Any move toward carrying out executions could also trigger resistance from other members of Prime Minister Yukio Hatoyama's Cabinet. Shizuka Kamei, leader of the People's New Party, leads the anti-death penalty league, and Mizuho Fukushima, leader of the Social Democratic Party, also is staunchly opposed to capital punishment.
After the Cabinet was seated on Wednesday, Chiba said at her inaugural news conference that it is her "personal feeling that it would be good" if there were moves toward a moratorium on executions or abolition of the death penalty.
But she added: "The fact remains that the justice minister is tasked with professional duties under the law. I am fully aware (that a justice minister) is obliged institutionally to deal with executions."
Said Toyo Atsumi, a professor of criminal procedure at Kyoto Sangyo University's law school, "If (a minister) avoids executions when the institution of execution exists, there will be no rule of law. I am sure Justice Minister Chiba is fully aware of that and if executions are to be done away with, it must be after (relevant) revisions to the law have been made."
Nobuto Hosaka, secretary general of the death penalty opponents' parliamentary league, is hopeful about the new justice minister. "I would think she will probably institute a moratorium. No doubt a brake will be put on executions," he said.
The ministry itself was noncommittal. "For the time being, various matters will come under review and a judgment will probably be made after fully considering the circumstances," a spokesman said.
The Code of Criminal Procedure provides that the justice minister order an execution within six months after a death sentence is finalized. Not all ministers, however, have signed execution orders.
Japan saw a lull in executions for three years and four months starting in November 1989. That period included Megumu Sato's term as justice minister from 1990 to 1991. A Buddhist monk, Sato refused to sign execution orders, citing his faith.
Masaharu Gotoda restarted executions in March 1993. Since then almost all justice ministers, except for those serving brief stints, have ordered executions. A notable exception was Seiken Sugiura, who assumed the justice minister's post in October 2005.
At his inaugural press conference, Sugiura openly said he would not sign an execution order on religious and philosophical grounds but retracted the statement one hour later. During his nearly one-year tenure, however, he never signed an execution order.
Since then, the number of people on death row has grown to around 100, and executions also have risen.
Kyodo News
From The Japan Times online
24 September 2009
With the inauguration of the new government led by the Democratic Party of Japan, there could be a lull in executions of death-row inmates, at least for the time being. Recent years have seen accelerated hangings under Liberal Democratic Party-led governments.
Political commentators have taken particular notice of the appointment of Upper House member Keiko Chiba as justice minister. She opposes capital punishment and belongs to the nonpartisan Parliamentary League for the Abolition of the Death Penalty. The justice minister has the final say in authorizing executions.
Any move toward carrying out executions could also trigger resistance from other members of Prime Minister Yukio Hatoyama's Cabinet. Shizuka Kamei, leader of the People's New Party, leads the anti-death penalty league, and Mizuho Fukushima, leader of the Social Democratic Party, also is staunchly opposed to capital punishment.
After the Cabinet was seated on Wednesday, Chiba said at her inaugural news conference that it is her "personal feeling that it would be good" if there were moves toward a moratorium on executions or abolition of the death penalty.
But she added: "The fact remains that the justice minister is tasked with professional duties under the law. I am fully aware (that a justice minister) is obliged institutionally to deal with executions."
Said Toyo Atsumi, a professor of criminal procedure at Kyoto Sangyo University's law school, "If (a minister) avoids executions when the institution of execution exists, there will be no rule of law. I am sure Justice Minister Chiba is fully aware of that and if executions are to be done away with, it must be after (relevant) revisions to the law have been made."
Nobuto Hosaka, secretary general of the death penalty opponents' parliamentary league, is hopeful about the new justice minister. "I would think she will probably institute a moratorium. No doubt a brake will be put on executions," he said.
The ministry itself was noncommittal. "For the time being, various matters will come under review and a judgment will probably be made after fully considering the circumstances," a spokesman said.
The Code of Criminal Procedure provides that the justice minister order an execution within six months after a death sentence is finalized. Not all ministers, however, have signed execution orders.
Japan saw a lull in executions for three years and four months starting in November 1989. That period included Megumu Sato's term as justice minister from 1990 to 1991. A Buddhist monk, Sato refused to sign execution orders, citing his faith.
Masaharu Gotoda restarted executions in March 1993. Since then almost all justice ministers, except for those serving brief stints, have ordered executions. A notable exception was Seiken Sugiura, who assumed the justice minister's post in October 2005.
At his inaugural press conference, Sugiura openly said he would not sign an execution order on religious and philosophical grounds but retracted the statement one hour later. During his nearly one-year tenure, however, he never signed an execution order.
Since then, the number of people on death row has grown to around 100, and executions also have risen.
Among recent justice ministers, Kunio Hatoyama signed orders for 13 executions, while his predecessor, Jinen Nagano, signed 10.
Friday, 18 September 2009
Japan: New justice minister urges debate
From The Japan Times, 18 September 2009
Chiba urges death penalty debate
Kyodo News
New Justice Minister Keiko Chiba said Thursday she will deal carefully with death penalty cases and called for a wide-ranging debate on whether capital punishment should be abolished.
"The death penalty involves a person's life, so I will cautiously handle (the cases) based on the duties of the justice minister," Chiba, a former lawyer, said at a news conference following the first meeting of Prime Minister Yukio Hatoyama's new Cabinet.
The 61-year-old native of Kanagawa Prefecture said discussions are taking place on keeping or abolishing the death penalty, including whether it should be replaced with a new sentence of life in prison without possibility of parole.
"The lay judge system has been introduced and I believe many people have a very deep interest and various thoughts (on the issue), so I think it is something that we should find a path for through a wide-ranging public debate, if possible," she said.
Chiba said she won't give special treatment to cases involving Democratic Party of Japan leaders, such as one in which Hatoyama's fundraising body was found to have received contributions from dead people and another where a close aide to DPJ Secretary General Ichiro Ozawa was indicted over a fundraising scandal involving Nishimatsu Construction Co.
"They are not special so I would like to make appropriate decisions," said Chiba, who is a member of the Upper House.
On her Web site associated with the DPJ's Kanagawa prefectural chapter, Chiba lists the death penalty as a problem she would like to see eliminated during the 21st century. She argues that the death penalty prevents crime and forces offenders to take responsibility, but it is not the best solution.
Chiba urges death penalty debate
Kyodo News
New Justice Minister Keiko Chiba said Thursday she will deal carefully with death penalty cases and called for a wide-ranging debate on whether capital punishment should be abolished.
"The death penalty involves a person's life, so I will cautiously handle (the cases) based on the duties of the justice minister," Chiba, a former lawyer, said at a news conference following the first meeting of Prime Minister Yukio Hatoyama's new Cabinet.
The 61-year-old native of Kanagawa Prefecture said discussions are taking place on keeping or abolishing the death penalty, including whether it should be replaced with a new sentence of life in prison without possibility of parole.
"The lay judge system has been introduced and I believe many people have a very deep interest and various thoughts (on the issue), so I think it is something that we should find a path for through a wide-ranging public debate, if possible," she said.
Chiba said she won't give special treatment to cases involving Democratic Party of Japan leaders, such as one in which Hatoyama's fundraising body was found to have received contributions from dead people and another where a close aide to DPJ Secretary General Ichiro Ozawa was indicted over a fundraising scandal involving Nishimatsu Construction Co.
"They are not special so I would like to make appropriate decisions," said Chiba, who is a member of the Upper House.
On her Web site associated with the DPJ's Kanagawa prefectural chapter, Chiba lists the death penalty as a problem she would like to see eliminated during the 21st century. She argues that the death penalty prevents crime and forces offenders to take responsibility, but it is not the best solution.
Monday, 14 September 2009
Japan continues to execute mentally ill prisoners
10 September 2009
The government of Japan continues to execute prisoners who are mentally ill, according to a new Amnesty International report.
Hanging by a thread: mental health and the death penalty in Japan highlights five cases where mental illness has been reported, including two cases with extensive medical documentation. These prisoners remain on death row facing execution.
The exact number of death row prisoners with mental illness is unknown. The secrecy around the death penalty and prisoners' health, combined with a lack of scrutiny by independent mental health experts, has led to reliance on secondary testimony and documentation to assess the mental state of those on death row.
The government has a policy of not allowing access to prisoners on death row and denied Amnesty International's request for access.
Amnesty International's report also emphasises that prison conditions need to be improved to prevent inmates from developing serious mental health problems while on death row.
Japan has signed up to international standards that require that those with a serious mental illness be protected from the death penalty. The country is contravening those standards by its failure to prevent the execution of prisoners who are mentally ill.
As of 3 September 2009, 102 people are on death row in Japan waiting to find out if their government will put them to death. For those who have completed the legal process, death could come at a few hours' notice. Each day could be their last.
The arrival of a prison officer with a death warrant would signal their execution within hours. Some live like this year after year, sometimes for decades.
"To allow a prisoner to live for prolonged periods under the daily threat of imminent death is cruel, inhuman and degrading," said James Welsh, Amnesty International’s Health Coordinator and lead author of the report. "Amnesty International’s studies around the world have shown that those suffering mental health problems are at particular risk of ending up on death row.
"Mental disorders can give rise to crimes, impair the ability of a defendant to participate in an effective legal defence, and are likely to play a significant role in the decision of prisoners to terminate appeals. In Japan, condemned inmates are also at risk of developing a serious mental illness while on death row."
According to the report, Japan is breaching its obligations under the International Covenant on Civil and Political Rights in its treatment of prisoners on death row. Conditions in prisons are harsh and prisoners on death row are especially vulnerable to developing mental health problems due to being imprisoned in isolation with little human contact.
Amnesty International is concerned that prisoners are not allowed to talk to one another – a restriction enforced by strict isolation. Contact with family members, lawyers and others can be restricted to as little as five minutes at a time.
Apart from visits to the toilet, prisoners are not allowed to move around the cell and must remain seated. Death row prisoners are less likely than other prisoners to have access to fresh air and light and more likely to suffer additional punishments because of behaviour that may infringe the strict rules imposed on them.
"These inhuman conditions increase a prisoner’s anxiety and anguish and in many cases push prisoners over the edge and into a state of mental illness," said James Welsh.
The report calls on the government of Japan to establish a moratorium on executions with a view to abolishing the death penalty. It also urges the government of Japan to review all cases where mental illness may be a relevant factor, to ensure that prisoners with mental illness are not executed and to improve conditions for prisoners so that prisoners will not suffer declining mental health or the development of serious mental illness.
-----
The report is available here.
The government of Japan continues to execute prisoners who are mentally ill, according to a new Amnesty International report.
Hanging by a thread: mental health and the death penalty in Japan highlights five cases where mental illness has been reported, including two cases with extensive medical documentation. These prisoners remain on death row facing execution.
The exact number of death row prisoners with mental illness is unknown. The secrecy around the death penalty and prisoners' health, combined with a lack of scrutiny by independent mental health experts, has led to reliance on secondary testimony and documentation to assess the mental state of those on death row.
The government has a policy of not allowing access to prisoners on death row and denied Amnesty International's request for access.
Amnesty International's report also emphasises that prison conditions need to be improved to prevent inmates from developing serious mental health problems while on death row.
Japan has signed up to international standards that require that those with a serious mental illness be protected from the death penalty. The country is contravening those standards by its failure to prevent the execution of prisoners who are mentally ill.
As of 3 September 2009, 102 people are on death row in Japan waiting to find out if their government will put them to death. For those who have completed the legal process, death could come at a few hours' notice. Each day could be their last.
The arrival of a prison officer with a death warrant would signal their execution within hours. Some live like this year after year, sometimes for decades.
"To allow a prisoner to live for prolonged periods under the daily threat of imminent death is cruel, inhuman and degrading," said James Welsh, Amnesty International’s Health Coordinator and lead author of the report. "Amnesty International’s studies around the world have shown that those suffering mental health problems are at particular risk of ending up on death row.
"Mental disorders can give rise to crimes, impair the ability of a defendant to participate in an effective legal defence, and are likely to play a significant role in the decision of prisoners to terminate appeals. In Japan, condemned inmates are also at risk of developing a serious mental illness while on death row."
According to the report, Japan is breaching its obligations under the International Covenant on Civil and Political Rights in its treatment of prisoners on death row. Conditions in prisons are harsh and prisoners on death row are especially vulnerable to developing mental health problems due to being imprisoned in isolation with little human contact.
Amnesty International is concerned that prisoners are not allowed to talk to one another – a restriction enforced by strict isolation. Contact with family members, lawyers and others can be restricted to as little as five minutes at a time.
Apart from visits to the toilet, prisoners are not allowed to move around the cell and must remain seated. Death row prisoners are less likely than other prisoners to have access to fresh air and light and more likely to suffer additional punishments because of behaviour that may infringe the strict rules imposed on them.
"These inhuman conditions increase a prisoner’s anxiety and anguish and in many cases push prisoners over the edge and into a state of mental illness," said James Welsh.
The report calls on the government of Japan to establish a moratorium on executions with a view to abolishing the death penalty. It also urges the government of Japan to review all cases where mental illness may be a relevant factor, to ensure that prisoners with mental illness are not executed and to improve conditions for prisoners so that prisoners will not suffer declining mental health or the development of serious mental illness.
-----
The report is available here.
Indonesia: State-secrets law would carry death penalty
From The Jakarta Post, 10 September, 2009
The House of Representatives and the government have agreed to pass a state secrecy bill which would see people found guilty of leaking state secrets face the death penalty.
A member of the House's working committee deliberating the bill, Effendi Choirie, said Thursday lawmakers had approved a maximum penalty of 20 years of imprisonment or capital punishment and a minimum jail sentence of four years and fine of Rp 100 million (US$10,000) for the crime.
The committee has also reached an agreement on the definition of state secrets.
"State secrets are defined as information or materials and activities, which are classified as secrets by the president, and could potentially endanger the state, its existence and integrity if they are leaked to people who do not have the right to possess them," chairman of the committee, Guntur Sasono of the Democratic Party, told The Jakarta Post on Thursday.
According to Effendi of the National Awakening Party (PKB), details of the definition were available in the following articles.
"For example, only intelligence-sensitive information is classified as secret," he said in response to public fears that the definition of state secrets would be too generic and open to abuse.
In response to the ongoing deliberation of the bill, research coordinator of human rights group Imparsial, Al Araf, said that even though some of the bill’s controversial content had been dropped, the draft in general restricts the public from accessing vital information.
"It is already difficult for us to investigate human rights violations in the absence of a state secrecy law, let alone with one," he said.
The House of Representatives and the government have agreed to pass a state secrecy bill which would see people found guilty of leaking state secrets face the death penalty.
A member of the House's working committee deliberating the bill, Effendi Choirie, said Thursday lawmakers had approved a maximum penalty of 20 years of imprisonment or capital punishment and a minimum jail sentence of four years and fine of Rp 100 million (US$10,000) for the crime.
The committee has also reached an agreement on the definition of state secrets.
"State secrets are defined as information or materials and activities, which are classified as secrets by the president, and could potentially endanger the state, its existence and integrity if they are leaked to people who do not have the right to possess them," chairman of the committee, Guntur Sasono of the Democratic Party, told The Jakarta Post on Thursday.
According to Effendi of the National Awakening Party (PKB), details of the definition were available in the following articles.
"For example, only intelligence-sensitive information is classified as secret," he said in response to public fears that the definition of state secrets would be too generic and open to abuse.
In response to the ongoing deliberation of the bill, research coordinator of human rights group Imparsial, Al Araf, said that even though some of the bill’s controversial content had been dropped, the draft in general restricts the public from accessing vital information.
"It is already difficult for us to investigate human rights violations in the absence of a state secrecy law, let alone with one," he said.
Monday, 31 August 2009
China: Lethal injection spreads in north-east
More NE Chinese cities to adopt lethal injection
From Xinhua, 24 August 2009
SHENYANG, Aug. 24 (Xinhua) -- All 14 cities in northeast China's Liaoning Province are expected to have adopted the lethal injection as the means of execution by the end of the year, putting an end to shooting, the provincial higher people's court announced Monday.
Liaoning had 10 cities that used lethal injection by the end of last year and another four cities would follow this year, said Zuo Lianbi, vice president of the Higher People's Court of Liaoning, at a press conference.
Zuo also called on courts of the four cities to prepare venues and train staff for the injection, which would be less painful for convicted criminals and preserve their physical integrity.
Lethal injection was first used in Liaoning in 2001 to execute two convicted murderers in Shenyang, the regional capital.
Shooting was the only means of execution in China under the Criminal Law that took effect in 1979, but the revised 1996 version of the Code of Criminal Procedure stipulated that lethal injection was also allowed.
The first lethal injection in the country was conducted in Kunming, capital of Yunnan Province, in southwest China, on March 28, 1997.
In 2001, the Supreme Court of China called on courts at all levels to gradually adopt lethal injection for people given death sentences.
Related stories:
More lethal injections for Chinese province -- 19 February 2009
AI condemns China's expanded lethal injection -- 5 January 2008
China: Another province takes up the needle -- 20 June 2006
From Xinhua, 24 August 2009
SHENYANG, Aug. 24 (Xinhua) -- All 14 cities in northeast China's Liaoning Province are expected to have adopted the lethal injection as the means of execution by the end of the year, putting an end to shooting, the provincial higher people's court announced Monday.
Liaoning had 10 cities that used lethal injection by the end of last year and another four cities would follow this year, said Zuo Lianbi, vice president of the Higher People's Court of Liaoning, at a press conference.
Zuo also called on courts of the four cities to prepare venues and train staff for the injection, which would be less painful for convicted criminals and preserve their physical integrity.
Lethal injection was first used in Liaoning in 2001 to execute two convicted murderers in Shenyang, the regional capital.
Shooting was the only means of execution in China under the Criminal Law that took effect in 1979, but the revised 1996 version of the Code of Criminal Procedure stipulated that lethal injection was also allowed.
The first lethal injection in the country was conducted in Kunming, capital of Yunnan Province, in southwest China, on March 28, 1997.
In 2001, the Supreme Court of China called on courts at all levels to gradually adopt lethal injection for people given death sentences.
Related stories:
More lethal injections for Chinese province -- 19 February 2009
AI condemns China's expanded lethal injection -- 5 January 2008
China: Another province takes up the needle -- 20 June 2006
Friday, 28 August 2009
China: Demand for clemency
Amnesty International has issued the following urgent action appeal for a man who could be executed within days. Tang Yanan was convicted of an economic crime, reportedly after he was tortured to confess and given an unfair trial.
DEMAND CLEMENCY FROM SUPREME COURT
The Anhui Provincial High People’s Court rejected Tang Yanan’s appeal against the death penalty on 12 August. China’s Supreme People's Court in Beijing, is reviewing his sentence. Tang Yanan could be executed within days if it upholds the sentence.
After what appears to have been an unfair trial the Bozhou City Intermediate People’s Court in Anhui province, convicted Tang Yanan on 11 December 2008, of "fraudulent raising of public funds". According to the Chinese press, he and approximately 20 other co-defendants illegally obtained 970 million Yuan in public funds (approximately US$142 million) between 2004 and 2007. The money was for a deer breeding centre to cull deer antlers which could be used in Chinese herbal medicines. They managed to attract nearly 50,000 investors from more than 110 districts and counties in seven provinces by offering investors high profit returns.
The Chinese press reported that Tang Yanan admitted his guilt. However, during the appeal hearing he withdrew his confession saying that he confessed under torture. Despite this, Anhui Provincial People’s High Court upheld the guilty verdict. At the same time, the appeal court reduced the sentence of several co-defendants who were sentenced to various terms from three years’ to 15 years’ imprisonment. It is unclear whether Tang Yanan has access to his family or legal representation of his own choice.
There are concerns with the consistency in the application of economic criminal charges in China. Earlier in 2009, Du Yimin, a businesswoman who was executed on 5 August, was also found guilty of "fraudulent raising of public funds." Both her defense and Tang Yanan’s argued that they 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 (US$73,000) because their intent had not been to commit fraud but to genuinely invest funds in legitimate enterprises.
PLEASE WRITE IMMEDIATELY in Mandarin or your own language:
PLEASE SEND APPEALS BEFORE 08 October 2009 TO:
President of the Supreme People's Court
WANG Shengjun Yuanzhang
Zuigao Renmin Fayuan
27 Dongjiaomin Xiang
Beijingshi 100745
People's Republic of China
Fax: +86 10 65292345
Salutation: Dear President
Also send copies to diplomatic representatives accredited to your country. Please check with your section office if sending appeals after the above date.
ADDITIONAL INFORMATION
The death penalty is applicable for 68 offences in China, including non-violent ones. China executes more people every year than any other country in the world. Amnesty International estimated that China carried out at least 1,718 executions and sentenced 7,003 people to death in 2008. These figures represent a minimum - real figures are undoubtedly much higher. A US-based NGO that is focused on advancing human rights in China, the Dui Hua Foundation, estimates that between 5,000 and 6,000 people were executed that year, based on figures obtained from local officials. The official statistics on death sentences and executions are classified as state secrets.
In January 2007, the Supreme People’s Court (SPC) review for all death sentences, which had been scrapped in 1982, was restored. All death sentences are now reviewed by the SPC, which has the power to approve, revise or remand death sentences. Chinese authorities have reported a drop in executions since the SPC resumed this review. Nevertheless, the application of the death penalty remains shrouded in secrecy in China, and statistics on death sentences and executions are classified as state secrets. Without access to such information it is impossible to make a full and informed analysis of death penalty developments in China, or to say if there has been a reduction in its use.
No one who is sentenced to death in China receives a fair trial in accordance with international human rights standards. Many have had confessions accepted despite saying in court that these were extracted under torture; have had to prove themselves innocent, rather than be proven guilty; and have had limited access to legal counsel.
UA:226/09 Index: ASA 17/046/2009, Issue Date: 27 August 2009
Related stories:
China: Businesswoman shot after unfair trial -- 12 August 2009
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
DEMAND CLEMENCY FROM SUPREME COURT
The Anhui Provincial High People’s Court rejected Tang Yanan’s appeal against the death penalty on 12 August. China’s Supreme People's Court in Beijing, is reviewing his sentence. Tang Yanan could be executed within days if it upholds the sentence.
After what appears to have been an unfair trial the Bozhou City Intermediate People’s Court in Anhui province, convicted Tang Yanan on 11 December 2008, of "fraudulent raising of public funds". According to the Chinese press, he and approximately 20 other co-defendants illegally obtained 970 million Yuan in public funds (approximately US$142 million) between 2004 and 2007. The money was for a deer breeding centre to cull deer antlers which could be used in Chinese herbal medicines. They managed to attract nearly 50,000 investors from more than 110 districts and counties in seven provinces by offering investors high profit returns.
The Chinese press reported that Tang Yanan admitted his guilt. However, during the appeal hearing he withdrew his confession saying that he confessed under torture. Despite this, Anhui Provincial People’s High Court upheld the guilty verdict. At the same time, the appeal court reduced the sentence of several co-defendants who were sentenced to various terms from three years’ to 15 years’ imprisonment. It is unclear whether Tang Yanan has access to his family or legal representation of his own choice.
There are concerns with the consistency in the application of economic criminal charges in China. Earlier in 2009, Du Yimin, a businesswoman who was executed on 5 August, was also found guilty of "fraudulent raising of public funds." Both her defense and Tang Yanan’s argued that they 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 (US$73,000) because their intent had not been to commit fraud but to genuinely invest funds in legitimate enterprises.
PLEASE WRITE IMMEDIATELY in Mandarin or your own language:
- Urging the authorities not to execute Tang Yanan;
- calling on the authorities to ensure that Tang Yanan has access to his family and legal representation of his choosing and urging the authorities to guarantee that he is not subject to torture or other ill-treatment while in custody.
- urging the National People’s Congress to introduce a legal procedure for clemency;
- urging the authorities to establish an immediate moratorium on executions with a view to abolishing the death penalty, as provided by UN General Assembly resolution 62/149, of 18 December 2007.
PLEASE SEND APPEALS BEFORE 08 October 2009 TO:
President of the Supreme People's Court
WANG Shengjun Yuanzhang
Zuigao Renmin Fayuan
27 Dongjiaomin Xiang
Beijingshi 100745
People's Republic of China
Fax: +86 10 65292345
Salutation: Dear President
Also send copies to diplomatic representatives accredited to your country. Please check with your section office if sending appeals after the above date.
ADDITIONAL INFORMATION
The death penalty is applicable for 68 offences in China, including non-violent ones. China executes more people every year than any other country in the world. Amnesty International estimated that China carried out at least 1,718 executions and sentenced 7,003 people to death in 2008. These figures represent a minimum - real figures are undoubtedly much higher. A US-based NGO that is focused on advancing human rights in China, the Dui Hua Foundation, estimates that between 5,000 and 6,000 people were executed that year, based on figures obtained from local officials. The official statistics on death sentences and executions are classified as state secrets.
In January 2007, the Supreme People’s Court (SPC) review for all death sentences, which had been scrapped in 1982, was restored. All death sentences are now reviewed by the SPC, which has the power to approve, revise or remand death sentences. Chinese authorities have reported a drop in executions since the SPC resumed this review. Nevertheless, the application of the death penalty remains shrouded in secrecy in China, and statistics on death sentences and executions are classified as state secrets. Without access to such information it is impossible to make a full and informed analysis of death penalty developments in China, or to say if there has been a reduction in its use.
No one who is sentenced to death in China receives a fair trial in accordance with international human rights standards. Many have had confessions accepted despite saying in court that these were extracted under torture; have had to prove themselves innocent, rather than be proven guilty; and have had limited access to legal counsel.
UA:226/09 Index: ASA 17/046/2009, Issue Date: 27 August 2009
Related stories:
China: Businesswoman shot after unfair trial -- 12 August 2009
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
Thursday, 27 August 2009
Thailand: Civil libertarians condemn executions
Statement by the Thailand Union for Civil Liberty, 25 August 2009
Statement by UCL
It is wrong that Thailand has executed two men on 24th August 2009:
It ignores the majority vote of the United Nations General Assembly in December 2007 and again in December 2008 in favour of a universal moratorium on the death penalty.
It flouts the greater certainty expressed world wide that the death penalty is a transgression of the most basic of all human rights, the right to life.
It goes against the interpretation of the International Covenant on Civil and Political Rights expressed to representatives of the Royal Thai government by the UN Human Rights Committee, on 28th July 2003, that drug offenses did not constitute a crime subject to Capital Punishment within the terms of the Covenant which it has ratified.
The execution of the two with a mere one hour notice is a flagrant transgression of the procedures established by the UN for the enactment of Capital Punishment.
It is a useless measure of no greater consequence than other punishment in the fight against drugs.
It is a cruel and inhumane punishment, with no place in a civilised state.
It is counter to the Buddhist belief in the sanctity of life.
Danthong Breen
Union for Civil Liberty, Thailand
Related stories:
Thailand: Executions a backward step -- 27 August 2009
Thailand: Drug dealers put to death -- 26 August 2009
Statement by UCL
It is wrong that Thailand has executed two men on 24th August 2009:
It ignores the majority vote of the United Nations General Assembly in December 2007 and again in December 2008 in favour of a universal moratorium on the death penalty.
It flouts the greater certainty expressed world wide that the death penalty is a transgression of the most basic of all human rights, the right to life.
It goes against the interpretation of the International Covenant on Civil and Political Rights expressed to representatives of the Royal Thai government by the UN Human Rights Committee, on 28th July 2003, that drug offenses did not constitute a crime subject to Capital Punishment within the terms of the Covenant which it has ratified.
The execution of the two with a mere one hour notice is a flagrant transgression of the procedures established by the UN for the enactment of Capital Punishment.
It is a useless measure of no greater consequence than other punishment in the fight against drugs.
It is a cruel and inhumane punishment, with no place in a civilised state.
It is counter to the Buddhist belief in the sanctity of life.
Danthong Breen
Union for Civil Liberty, Thailand
Related stories:
Thailand: Executions a backward step -- 27 August 2009
Thailand: Drug dealers put to death -- 26 August 2009
Thailand: Executions a backward step
Thailand: resumption of executions a backwards step
Public statement by Amnesty International, 26 August 2009
As country after country abandons its use of judicial state killing, Amnesty International deeply regrets the resumption of executions in Thailand after a six-year hiatus.
On 24 August 2009 two men were executed by lethal injection at Bang Khwang prison, central Thailand.
Bundit Jaroenwanit, aged 45, and Jirawat Poompreuk, aged 52, were convicted of drug trafficking on 29 March 2001 and subsequently sentenced to death. They were reportedly only given 60 minutes’ notice before their executions were carried out.
Although Thailand continued to hand down death sentences, they did not execute anyone for six years, which the abolitionist movement had welcomed as an encouraging sign from the Asia region.
In the last 10 months, the UN General Assembly has voted overwhelmingly for a moratorium on executions, while Burundi, Togo and the US state of New Mexico have abolished the death penalty. The government of Thailand should follow their example and urgently review its use of the death penalty.
There is no evidence that the death penalty deters crime. The government of Thailand must join the international trend away from capital punishment.
Background
The last executions in Thailand were carried out in 2003, when four people were executed by lethal injection. These were the first executions by lethal injection, which had replaced execution by shooting in the same year.
In its 2005 Consideration of Thailand’s report, the United Nations Human Rights Committee expressed concern that the death penalty was not restricted to the most serious crimes and was applicable to drug trafficking in Thailand.
Sixteen countries in Asia still have laws that provide for the death penalty for drug-related offences. As many countries in the region do not make information on the death penalty publicly available, it is impossible to calculate exactly how many drug-related death sentences are imposed there. However, in Indonesia, Malaysia, Singapore and Thailand, reports indicate that a high proportion of death sentences are imposed on those convicted of drug offences.
AI Index: ASA 39/006/2009
Related stories:
Thailand: Drug dealers put to death -- 26 August 2009
Public statement by Amnesty International, 26 August 2009
As country after country abandons its use of judicial state killing, Amnesty International deeply regrets the resumption of executions in Thailand after a six-year hiatus.
On 24 August 2009 two men were executed by lethal injection at Bang Khwang prison, central Thailand.
Bundit Jaroenwanit, aged 45, and Jirawat Poompreuk, aged 52, were convicted of drug trafficking on 29 March 2001 and subsequently sentenced to death. They were reportedly only given 60 minutes’ notice before their executions were carried out.
Although Thailand continued to hand down death sentences, they did not execute anyone for six years, which the abolitionist movement had welcomed as an encouraging sign from the Asia region.
In the last 10 months, the UN General Assembly has voted overwhelmingly for a moratorium on executions, while Burundi, Togo and the US state of New Mexico have abolished the death penalty. The government of Thailand should follow their example and urgently review its use of the death penalty.
There is no evidence that the death penalty deters crime. The government of Thailand must join the international trend away from capital punishment.
Background
The last executions in Thailand were carried out in 2003, when four people were executed by lethal injection. These were the first executions by lethal injection, which had replaced execution by shooting in the same year.
In its 2005 Consideration of Thailand’s report, the United Nations Human Rights Committee expressed concern that the death penalty was not restricted to the most serious crimes and was applicable to drug trafficking in Thailand.
Sixteen countries in Asia still have laws that provide for the death penalty for drug-related offences. As many countries in the region do not make information on the death penalty publicly available, it is impossible to calculate exactly how many drug-related death sentences are imposed there. However, in Indonesia, Malaysia, Singapore and Thailand, reports indicate that a high proportion of death sentences are imposed on those convicted of drug offences.
AI Index: ASA 39/006/2009
Related stories:
Thailand: Drug dealers put to death -- 26 August 2009
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