Blogger and activist faces possible death penalty
Published on 14 December 2009
Statement from Reporters Without Borders
Reporters Without Borders is deeply concerned about French-educated blogger and pro-democracy activist Nguyen Tien Trung, now facing a possible death penalty under article 79 of the criminal code after the charges against him were changed to "trying to overthrow the people’s government." Arrested more than five months ago, he is due to be tried at the end of the month.
"We call for Nguyen Tien Trung’s immediate and unconditional release as the charges against him are entirely fabricated," Reporters Without Borders said. "Trung is a pacifist who has never endangered the Vietnamese state. He just exercised his right to free expression, a right he learned to use in France."
The press freedom organisation added: "Trung is a scapegoat. The authorities want to make an example of him in order to intimidate other Vietnamese students who want to press for more freedom when they return home after studying abroad."
Trung’s family told Reporters Without Borders that his father was allowed to visit him on 10 December for the second time since his arrest. The authorities are reportedly now going to allow his family to visit him once a month. Trung seemed to be in good physical and psychological condition and did his best to reassure his father. He asked his father to bring him books, especially economics and French books. The authorities are considering the request.
A former student at the National Institute for Applied Sciences (INSA) in the northern French city of Rennes, where he got a masters in information technology, Trung was arrested at his parents’ home in Ho Chi Minh City on 7 July on a charge of propaganda against the state under article 88 of the criminal code. A government TV station broadcast taped footage in which he made a confession.
He seems to have been arrested because of the pro-democracy views he posted online and, in particular, an open letter to the government about education policies.
The Trung support committee website posted an opinion piece by Philippe Echart, who was one of Trung’s teachers at the INSA.
"It is strange for a teacher to realise that one his students, which whom he had a few talks and to whom he paid special attention because he was a foreigner, is now being in prison at the other end of the world, in his own country, on serious charges," Echard writes. "And why is he in prison? For expressing his views freely. For criticising university education in Vietnam. For calling for more freedoms and more democracy, as many other intellectuals in his country have."
The support committee is calling for a determined campaign on his behalf. "The worst that could happen to Trung is that people gradually forget him," the committee’s appeal says. Trung’s friends and family have relaunched the campaign for his release. Sign a petition at the http://freetrung.tk website.
Monday, 21 December 2009
Australia: Police guidelines announced
Media Release
INTERNATIONAL LAW ENFORCEMENT COOPERATION
18 December 2009
Attorney-General
Hon Robert McClelland MP
Minister for Home Affairs
Brendan O'Connor MP
Attorney-General, Robert McClelland and Minister for Home Affairs, Brendan O’Connor, today announced a new policy to govern law enforcement cooperation with countries that may apply the death penalty.
Successive Australian Governments have maintained a long-standing policy of opposition to the death penalty and it is appropriate that this position is reflected in our law enforcement practices.
From today, new Australian Federal Police (AFP) guidelines governing police-to-police assistance in possible death penalty cases will take effect.
The new guidelines will require senior AFP management to consider a set of prescribed factors before providing assistance in matters with possible death penalty implications, including:
* the purpose of providing the information and the reliability of that information;
* the seriousness of the suspected criminal activity;
* the nationality, age and personal circumstances of the person involved;
* the potential risks to the person, and other persons, in providing or not providing the information; and
* Australia’s interest in promoting and securing cooperation from overseas agencies in combating crime.
The new guidelines will also require:
* Ministerial approval of assistance in any case in which a person has been arrested, detained, charged with, or convicted of, an offence which carries the death penalty; and
* the AFP Commissioner to report biannually to the Minister for Home Affairs about the number and nature of cases where information is provided to foreign law enforcement agencies in potential death penalty cases.
These changes follow a thorough examination of existing policy and represent a balanced and responsible approach that provides greater clarity and accountability, while maintaining our commitment to combating transnational crime.
A copy of the new AFP Practical Guide on International Police-to-Police Assistance in Potential Death Penalty Situations is attached and available at http://www.afp.gov.au/__data/assets/pdf_file/21096/Guideline_for_international_death_penalty_situation.pdf.
Death penalty rules for Australian police
Police get rules on suspects
JONATHAN PEARLMAN
From The Age
19 December 2009
THE Federal Government has issued guidelines to the Australian Federal Police on co-operating with countries that have the death penalty, including a stipulation that senior police consider a suspect's age, nationality and whether capital punishment is likely to be imposed.
The guidelines could prevent a repeat of the controversy surrounding the Bali nine case in which the AFP passed on information to Indonesian authorities about a group of Australians involved in a heroin smuggling operation in 2005.
This followed a tip-off from Lee Rush, whose son, Scott Rush, is one of the nine. He faces execution.
The guidelines, released yesterday by Attorney-General Robert McClelland and Home Affairs Minister Brendan O'Connor, require ministerial approval for assistance in cases where a person has been arrested and faces the death penalty. Previous guidelines allowed police to co-operate without approval for months in cases - such as the Bali nine - where the suspects had been arrested but not charged.
While ministerial approval is not required before the AFP helps foreign police in investigations, the co-operation must be approved by one of two high-ranking AFP officers who must consider factors such as the seriousness of the crime, the reliability of the information and the degree of risk to the suspect.
Other factors include Australia's interest in securing future co-operation from foreign agencies, the person's personal circumstances and the risk to the person or others of not providing the information.
A spokesman for Mr McClelland said yesterday the guidelines would clear up confusion in cases involving foreign assistance, but would not say whether they would have led to a different outcome in the Bali nine case. ''That is hypothetical,'' he said.
Legal advocates and family members of the Bali nine expressed outrage at the AFP for allegedly reneging on a deal to intervene before the drugs were smuggled.
The former commissioner, Mick Keelty, who retired in September, refused to apologise. He had insisted the AFP could not have arrested the suspects in Australia and would act the same way in future cases.
Mr Rush, who unsuccessfully took legal action against the AFP, said yesterday he did not want to comment. ''There is nothing more to say. Maybe Mr Keelty would like to comment.''
Mr Keelty could not be reached.
Labor MP Chris Hayes, who befriended Scott Rush's parents and has urged Australia to push other countries to abolish the death penalty, welcomed the guidelines.
''Which parent of a 17-year-old has not been concerned about what they are doing and who they are hanging out with?'' he said.
''Lee Rush told me he did what he did knowing his son would probably never talk to him again but he was determined to end his life of crime. But he didn't realise he would be signing his death warrant.''
The AFP said yesterday the guidelines followed consultation with legal and civil rights groups and would provide greater clarity and accountability.
JONATHAN PEARLMAN
From The Age
19 December 2009
THE Federal Government has issued guidelines to the Australian Federal Police on co-operating with countries that have the death penalty, including a stipulation that senior police consider a suspect's age, nationality and whether capital punishment is likely to be imposed.
The guidelines could prevent a repeat of the controversy surrounding the Bali nine case in which the AFP passed on information to Indonesian authorities about a group of Australians involved in a heroin smuggling operation in 2005.
This followed a tip-off from Lee Rush, whose son, Scott Rush, is one of the nine. He faces execution.
The guidelines, released yesterday by Attorney-General Robert McClelland and Home Affairs Minister Brendan O'Connor, require ministerial approval for assistance in cases where a person has been arrested and faces the death penalty. Previous guidelines allowed police to co-operate without approval for months in cases - such as the Bali nine - where the suspects had been arrested but not charged.
While ministerial approval is not required before the AFP helps foreign police in investigations, the co-operation must be approved by one of two high-ranking AFP officers who must consider factors such as the seriousness of the crime, the reliability of the information and the degree of risk to the suspect.
Other factors include Australia's interest in securing future co-operation from foreign agencies, the person's personal circumstances and the risk to the person or others of not providing the information.
A spokesman for Mr McClelland said yesterday the guidelines would clear up confusion in cases involving foreign assistance, but would not say whether they would have led to a different outcome in the Bali nine case. ''That is hypothetical,'' he said.
Legal advocates and family members of the Bali nine expressed outrage at the AFP for allegedly reneging on a deal to intervene before the drugs were smuggled.
The former commissioner, Mick Keelty, who retired in September, refused to apologise. He had insisted the AFP could not have arrested the suspects in Australia and would act the same way in future cases.
Mr Rush, who unsuccessfully took legal action against the AFP, said yesterday he did not want to comment. ''There is nothing more to say. Maybe Mr Keelty would like to comment.''
Mr Keelty could not be reached.
Labor MP Chris Hayes, who befriended Scott Rush's parents and has urged Australia to push other countries to abolish the death penalty, welcomed the guidelines.
''Which parent of a 17-year-old has not been concerned about what they are doing and who they are hanging out with?'' he said.
''Lee Rush told me he did what he did knowing his son would probably never talk to him again but he was determined to end his life of crime. But he didn't realise he would be signing his death warrant.''
The AFP said yesterday the guidelines followed consultation with legal and civil rights groups and would provide greater clarity and accountability.
Tuesday, 15 December 2009
Bangladesh: Death penalty on army coup leaders
Bangladesh Upholds Death Penalty on 1975 Coup Leaders (Update1)
By Jay Shankar
From Bloomberg, 19 November 2009
Nov. 19 (Bloomberg) -- Bangladesh’s Supreme Court upheld death sentences on five army officers for assassinating Sheikh Mujibur Rahman, the country’s first president, in 1975.
"We are very much happy," Qamrul Islam, the junior minister for law, justice and parliamentary affairs, said in a telephone interview from the capital, Dhaka. "We have been waiting for this moment and judgment for the last 34 years. It is our hope that the accused will be hanged soon."
Rahman, who led the country to independence from Pakistan, was killed in a coup that brought a military government to power. His wife and three sons were among 16 family members who died in the pre-dawn attack.
Bangladesh began the trial after Rahman’s daughter, Sheikh Hasina Wajed, who was abroad during the coup, became prime minister in 1996 and overturned an indemnity law passed by the military government 11 years earlier.
After Rahman’s death "the murderers were indemnified, which is unprecedented in history," Wali-ur Rahman, a former trial coordinator and now director of the Bangladesh Institute of Law and International Affairs research body, said by phone from Dhaka.
Bangladesh deployed security forces to prevent unrest over the court ruling. Police will "focus their attention on diplomatic areas, the Dhaka central jail, the Supreme Court and judges’ complex," Home Secretary Abdus Sobhan Sikder said from Dhaka. The increased security will continue after today’s verdict, he said.
Subversive Incidents
Hasina’s ruling Awami League told party leaders and supporters to be on the alert after "subversive incidents" occurred during the trial process, it said in a statement on its Web site.
Increased security is needed because Attorney-General Mahbubey Alam last month received a letter from an unidentified person threatening to kill him and family members if the army officers weren’t released, Sikder said.
Unidentified attackers last month threw a bomb at the car of legislator Fazle Noor Tapas, an Awami League member, Reuters reported at the time. At least a dozen people were injured in the attack. Tapas, who escaped unhurt, is one of the lawyers taking part in the trial process, according to the report.
Death sentences were handed down on 15 army officers by a court in 1998 and the group first appealed the ruling in 2000, Bangladesh’s New Nation newspaper said on its Web site. Three officers were later acquitted.
Fled the Country
Seven of the killers are living abroad, Sikder said. The five in jail will have 30 days to file an appeal against the Supreme Court judgment and their last option is a mercy petition to the president, Sikder said.
The killers were "sent abroad as diplomats," the Bangladesh Institute’s Rahman said. "Many countries, especially in the Middle East, accepted them."
Hasina’s government couldn’t complete the trial process while in power and the administration led by Prime Minister Khaleda Zia didn’t "pursue the matter at all" when it took over in 2001, Rahman said.
A military-backed government declared emergency rule in January 2007 and started an anti-corruption drive that resulted in the arrests of leading politicians, including Hasina and Zia, causing further delays.
Fair Trial
"The masses wanted a clear and fair trial," Retired Major General, A.N.M. Muniruzzaman, president of the Bangladesh Institute of Peace and Security Studies, said by telephone from Dhaka. "It is a long awaited trial. It went through a very lengthy legal process" that was "very transparent."
"No one can complain on that count," he said.
The government is also taking precautions after the recent arrests in Bangladesh of Lashkar-e-Taiba militants from India and Pakistan, Muniruzzaman said.
More than 50 Islamic militants from both the countries are active in Bangladesh and police have arrested six Indians and three Pakistani militants since May 27, Bangladesh’s daily New Age newspaper reported on Nov. 15, citing Monirul Islam, deputy commissioner of the country’s detective branch.
Bangladesh, which has had at least five military coups since its creation in 1971, was hit by its first suicide bombings in 2005, attacks that were blamed on the Jamaatul Mujaheedin Bangladesh terrorist group.
Eighty-three percent of the country’s 156 million people are Muslim and almost 40 percent of the population lives on less than $1 a day.
Last Updated: November 19, 2009 01:23 EST
By Jay Shankar
From Bloomberg, 19 November 2009
Nov. 19 (Bloomberg) -- Bangladesh’s Supreme Court upheld death sentences on five army officers for assassinating Sheikh Mujibur Rahman, the country’s first president, in 1975.
"We are very much happy," Qamrul Islam, the junior minister for law, justice and parliamentary affairs, said in a telephone interview from the capital, Dhaka. "We have been waiting for this moment and judgment for the last 34 years. It is our hope that the accused will be hanged soon."
Rahman, who led the country to independence from Pakistan, was killed in a coup that brought a military government to power. His wife and three sons were among 16 family members who died in the pre-dawn attack.
Bangladesh began the trial after Rahman’s daughter, Sheikh Hasina Wajed, who was abroad during the coup, became prime minister in 1996 and overturned an indemnity law passed by the military government 11 years earlier.
After Rahman’s death "the murderers were indemnified, which is unprecedented in history," Wali-ur Rahman, a former trial coordinator and now director of the Bangladesh Institute of Law and International Affairs research body, said by phone from Dhaka.
Bangladesh deployed security forces to prevent unrest over the court ruling. Police will "focus their attention on diplomatic areas, the Dhaka central jail, the Supreme Court and judges’ complex," Home Secretary Abdus Sobhan Sikder said from Dhaka. The increased security will continue after today’s verdict, he said.
Subversive Incidents
Hasina’s ruling Awami League told party leaders and supporters to be on the alert after "subversive incidents" occurred during the trial process, it said in a statement on its Web site.
Increased security is needed because Attorney-General Mahbubey Alam last month received a letter from an unidentified person threatening to kill him and family members if the army officers weren’t released, Sikder said.
Unidentified attackers last month threw a bomb at the car of legislator Fazle Noor Tapas, an Awami League member, Reuters reported at the time. At least a dozen people were injured in the attack. Tapas, who escaped unhurt, is one of the lawyers taking part in the trial process, according to the report.
Death sentences were handed down on 15 army officers by a court in 1998 and the group first appealed the ruling in 2000, Bangladesh’s New Nation newspaper said on its Web site. Three officers were later acquitted.
Fled the Country
Seven of the killers are living abroad, Sikder said. The five in jail will have 30 days to file an appeal against the Supreme Court judgment and their last option is a mercy petition to the president, Sikder said.
The killers were "sent abroad as diplomats," the Bangladesh Institute’s Rahman said. "Many countries, especially in the Middle East, accepted them."
Hasina’s government couldn’t complete the trial process while in power and the administration led by Prime Minister Khaleda Zia didn’t "pursue the matter at all" when it took over in 2001, Rahman said.
A military-backed government declared emergency rule in January 2007 and started an anti-corruption drive that resulted in the arrests of leading politicians, including Hasina and Zia, causing further delays.
Fair Trial
"The masses wanted a clear and fair trial," Retired Major General, A.N.M. Muniruzzaman, president of the Bangladesh Institute of Peace and Security Studies, said by telephone from Dhaka. "It is a long awaited trial. It went through a very lengthy legal process" that was "very transparent."
"No one can complain on that count," he said.
The government is also taking precautions after the recent arrests in Bangladesh of Lashkar-e-Taiba militants from India and Pakistan, Muniruzzaman said.
More than 50 Islamic militants from both the countries are active in Bangladesh and police have arrested six Indians and three Pakistani militants since May 27, Bangladesh’s daily New Age newspaper reported on Nov. 15, citing Monirul Islam, deputy commissioner of the country’s detective branch.
Bangladesh, which has had at least five military coups since its creation in 1971, was hit by its first suicide bombings in 2005, attacks that were blamed on the Jamaatul Mujaheedin Bangladesh terrorist group.
Eighty-three percent of the country’s 156 million people are Muslim and almost 40 percent of the population lives on less than $1 a day.
Last Updated: November 19, 2009 01:23 EST
South Korea: 'Disappointment' at lack of change
[Interview] "S. Korea slips in being first in Asia to abolish death penalty"
Amnesty International’s Go Euntae talks on not wanting a ‘Santa Claus’ Amnesty International
From The Hankyoreh, 10 October 2009
"There are two kinds of countries in this world. One is the kind that does not kill citizens regardless, and the other is the kind that will kill its citizens at any time according to the circumstances."
Go Euntae, a member of Amnesty International’s international executive committee, sat down with the Hankyoreh on Friday, on the eve of the World Day Against the Death Penalty, Oct. 10. Go said, "If a state has the right to take a citizens’ life, individuals will always be subordinated to the state." He added, "The death penalty is a yardstick that fundamentally determines the relationship between the state and the individual."
The World Coalition Against the Death Penalty has designated Oct. 10 as the World Day Against the Death Penalty and holds related events on that day throughout the world. In South Korea, a commemorative ceremony is being held at Indiespace, Joongang Cinema on Jeo-dong 1-ga Street in Seoul’s Jung-gu district.
Until recently, Go had served as director of Amnesty International’s Korea branch since 2006, and had also served from 2002 and 2004. In August, he was elected the first Korean member of the Amnesty International’s international executive committee. This came 12 years after the last figure from the Asia region had been elected to the committee in 1997. The committee consists of nine members who serve four-year terms, during which time they represent Amnesty International activities throughout the world and execute decisions. Go has mainly carried out his duties in South Korea, but he also visits the organization’s headquarters in London, Great Britain, for quarterly meetings.
In the interview, Go expressed his concern about the fact that discussion of applying the death penalty has been surfacing again recently despite South Korea being an "abolitionist country in practice." South Korea received this classification by Amnesty International in 2007, ten years after the last time the death penalty had been carried out, however, the Constitutional Court has still not made any decision on the constitutionality of the death penalty, nor has there been any legislative activity in the National Assembly to abolish it. Justice Minister Lee Kwi-nam said in his National Assembly confirmation hearing last month that he would "seriously examine whether or not to carry out the death penalty."
Regarding recent public opinion in some quarters calling for the execution of 57-year-old child rapist Cho Du-sun, Go said that the death penalty should not be viewed as a solution in this case. "Rather than a method in which the wrongdoer is separated from ‘us, the innocent ones’ and met with severe punishment, I think it more proper to question why a person like that was able to commit a crime like that in our society," he observed.
Go also communicated growing concerns among the international community. "In the international human rights community, there were high hopes that South Korea would be the first to abolish the death penalty in Asia, which is seen as a ‘hole in global human rights,’" he said. "However, recently, disappointment has been growing within the international community," he added. Some 1,838 executions were carried out in Asian countries including China and Japan in 2008, accounting for 76.9 percent of all executions worldwide.
When asked what role he hopes Amnesty International will play, Go said, "I do not want to make a ‘Santa Claus’ Amnesty International that remains off in the distance and then pops in once a year to give presents. I want to make the ‘guy next door’ Amnesty International."
Amnesty International’s Go Euntae talks on not wanting a ‘Santa Claus’ Amnesty International
From The Hankyoreh, 10 October 2009
"There are two kinds of countries in this world. One is the kind that does not kill citizens regardless, and the other is the kind that will kill its citizens at any time according to the circumstances."
Go Euntae, a member of Amnesty International’s international executive committee, sat down with the Hankyoreh on Friday, on the eve of the World Day Against the Death Penalty, Oct. 10. Go said, "If a state has the right to take a citizens’ life, individuals will always be subordinated to the state." He added, "The death penalty is a yardstick that fundamentally determines the relationship between the state and the individual."
The World Coalition Against the Death Penalty has designated Oct. 10 as the World Day Against the Death Penalty and holds related events on that day throughout the world. In South Korea, a commemorative ceremony is being held at Indiespace, Joongang Cinema on Jeo-dong 1-ga Street in Seoul’s Jung-gu district.
Until recently, Go had served as director of Amnesty International’s Korea branch since 2006, and had also served from 2002 and 2004. In August, he was elected the first Korean member of the Amnesty International’s international executive committee. This came 12 years after the last figure from the Asia region had been elected to the committee in 1997. The committee consists of nine members who serve four-year terms, during which time they represent Amnesty International activities throughout the world and execute decisions. Go has mainly carried out his duties in South Korea, but he also visits the organization’s headquarters in London, Great Britain, for quarterly meetings.
In the interview, Go expressed his concern about the fact that discussion of applying the death penalty has been surfacing again recently despite South Korea being an "abolitionist country in practice." South Korea received this classification by Amnesty International in 2007, ten years after the last time the death penalty had been carried out, however, the Constitutional Court has still not made any decision on the constitutionality of the death penalty, nor has there been any legislative activity in the National Assembly to abolish it. Justice Minister Lee Kwi-nam said in his National Assembly confirmation hearing last month that he would "seriously examine whether or not to carry out the death penalty."
Regarding recent public opinion in some quarters calling for the execution of 57-year-old child rapist Cho Du-sun, Go said that the death penalty should not be viewed as a solution in this case. "Rather than a method in which the wrongdoer is separated from ‘us, the innocent ones’ and met with severe punishment, I think it more proper to question why a person like that was able to commit a crime like that in our society," he observed.
Go also communicated growing concerns among the international community. "In the international human rights community, there were high hopes that South Korea would be the first to abolish the death penalty in Asia, which is seen as a ‘hole in global human rights,’" he said. "However, recently, disappointment has been growing within the international community," he added. Some 1,838 executions were carried out in Asian countries including China and Japan in 2008, accounting for 76.9 percent of all executions worldwide.
When asked what role he hopes Amnesty International will play, Go said, "I do not want to make a ‘Santa Claus’ Amnesty International that remains off in the distance and then pops in once a year to give presents. I want to make the ‘guy next door’ Amnesty International."
Thursday, 19 November 2009
Australia: Abolition bill introduced in parliament
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.
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.
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.
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