Crime and Justice Death Penalty and the Right to Life

September 2010

August 2010 

IPS, the global news agency, brings you independent news  and views on capital punishment. In this newsletter you will  find in­depth reports by IPS correspondents from around the  world and columns by experts, in addition to special  sections for news from international NGOs and a review of  the global media for a glimpse of what is happening on the  ground. Join us in helping strengthen awareness about the  abolition of death penalty – and encourage your friends and  colleagues to subscribe to this free monthly newsletter. 

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Q&A: Capital Punishment in Canada, Revisited  By Aprille Muscara 

NEW YORK, Aug 28, 2010 (IPS) ­ Thirty­four years ago,  Canada was one of the first Western countries to abolish  the death penalty. In 1987, the question of capital  punishment and whether it should be reinstated resurfaced  in the House of Commons.  MORE >>  Dictators Guard Their Death Switch  By Cam McGrath 

CAIRO, Aug 6, 2010 (IPS) ­ Abolition movements are gaining  momentum in North Africa, but authoritarian regimes appear  reluctant to remove capital punishment from the penal code.  MORE >>  Secret ‘Kill Lists’ Fly in the Face of US and Int’l Law  By William Fisher 

NEW YORK, Aug 31, 2010 (IPS) ­ Two of the nation’s most  influential human rights organisations have filed a lawsuit  challenging the government’s authority to carry out "targeted  killings" of U.S. citizens located far from any armed conflict zone.  MORE >> 

10.10.10 W orld Day  A gainst the Death  P enalty – USA  special  On 10 October 2010,  the World Day Against  the Death Penalty will  focus on the USA.  There are two months  left to prepare and  promote the events  planned around the  world on the big day.  en | fr

WORLD PRESS REVIEW:  60 PRISONERS FREED UNDER SAUDI KING'S RAMADAN PARDON ­ VIETNAM PRESIDENT  GRANTS AMNESTY TO 17,529 PRISONERS ­ MALAYSIA: SALESMAN TO HANG FOR  FIANCEE'S MURDER ­ MALAYSIA: MINISTER AGAINST DEATH PENALTY ­ USA:  ANESTHESIA SHORTAGE MAY DELAY EXECUTIONS ­ INDIA: PRESIDENTIAL PARDON FOR  OLDEST DEATH ROW CONVICT ­ JAPAN: EXECUTION CHAMBER OPENED TO REPORTERS  ­ JAMAICA: EX­SOLDIER SENTENCED TO DEATH ­ NORTH CAROLINA (USA): DEATH ROW  INMATES USE RACIAL JUSTICE ACT TO REQUEST COMMUTATION  News from International NGOs:  Uganda: One Step Closer To Abolition of the Death Penalty ­ AI Middle East E­Magazine Focuses 

on Death Penalty ­ Iran: Hundreds Possibly Executed in Mashhad ­ Proposed China Death  Penalty Reforms May Have No Great Impact on Executions ­ Execution of Four Men in Equatorial  Guinea Condemned ­ Iran: 'Confession,' Stoning Sentence a Mockery of Justice ­ ‘Sakineh’  Campaign Culminates in Worldwide Protests ­ SINGAPORE: FIDH Calls for Presidential Pardon  for Young Vui Kong ­ FIDH Report on Vietnam: An Update on Death Penalty Statistics  IPS has partnered with Penal Reform International to expand its independent coverage of issues surrounding capital punishment  and long­term imprisonment. 

The contents of this publication, funded by the European Union, are the sole responsibility of IPS and can in no way be  taken to reflect the views of the European Union. 

Copyright © 2010 IPS­Inter Press Service. All rights reserved.

Crime and Justice — Death Penalty and the Right to Life

Q&A Capital Punishment in Canada, Revisited By Aprille Muscara NEW YORK, Aug 28, 2010 (IPS) - Thirty-

the House on Jun. 5, 1987, was quite

four years ago, Canada was one of the

well received. I had a few intemperate

first Western countries to abolish the

letters and calls but most were positive

death penalty. In 1987, the question of

and grateful for the information.

capital punishment and whether it should be reinstated resurfaced in the

Some of my colleagues in the Commons,

House of Commons.

who were on the other side of the argument, were a bit cross with me as

David Daubney, former parliamentarian they had correspondence from and current chair of Penal Reform

constituents referring to my position as

International, was instrumental in the

chair of the Justice Committee as

defeat of the motion.

authoritative on the issue. A number of others told me after the vote it led them

In the run-up to the motion's vote,

to revisit their position.

Daubney published an article detailing five key reasons why he would vote

Q: Your article convincingly outlined five

against the restoration of the death

important points against the death

penalty.

penalty. Do you see any value in capital punishment, whatsoever?

In an interview with IPS, Daubney looks back at the historic moment when his

A: No. As the article points out, I was

country came dangerously close to

prepared to consider its use for killers of

reintroducing what Amnesty

police and correctional officers if I could

International calls "the ultimate denial

be satisfied it would be a deterrent that

of human rights."

would protect these frontline workers. The massive literature review I had my

Q: What kind of reactions did you get

staff assemble - which is now on deposit

when you published that article?

at the Library of Parliament of Canada disclosed no evidence that that was the

A: The article, which highlighted the main points of my 20- minute speech in Page 3

case.

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As the Supreme Court of Canada said in exhaustive research obviously did not an extradition case in 2001, US v. Burns, work for many. (paragraphs 76 to 78): "The death penalty has been rejected as an

A few days before the vote there was a

acceptable element of criminal justice

lengthy story in the Ottawa Citizen

by the Canadian people, speaking

about my role in campaigning against

through their elected federal

the death penalty within the

representatives, after years of

government caucus.

protracted debate. ... It is... incontestable that capital punishment... Although I lobbied members privately engages the underlying values of the

on a one to one basis, the word had got

prohibition against cruel and unusual

out. This resulted in a number of angry

punishment [in the Canadian Charter of letters and calls and one case of physical Rights and Freedoms.] It is final. It is

threats and intimidation on the night of

irreversible.

the vote from several constituents who worked in the Parliament buildings.

Its imposition has been described as arbitrary. Its deterrent values have been I encountered many former supporters doubted. Its implementation necessarily while campaigning in the next General causes psychological and physical

Election in the autumn of 1988 who said

suffering. It has been rejected by the

they were not voting for me because of

Canadian Parliament for offences

my role in the death penalty debate.

committed within Canada. Its potential imposition in this case is thus a factor

This was undoubtedly a factor in my

that weighs against extradition without

defeat but I remain proud of the

assurances [that the prosecution will

contribution I was able to make to

not seek the death penalty.]"

maintaining Canada's reputation as a just, fair and progressive society.

Q: In your capacity as a parliamentarian during the reinstatement debate, what

Q: Why was the motion expected to

were the most difficult roadblocks you

carry, and what factors played a role in

encountered in your efforts to defeat

its eventual defeat?

the motion? A: During the 1984 General Election, the A: My approach to base my position on

Progressive Conservative Party Page 4

Crime and Justice — Death Penalty and the Right to Life

promised to hold a free vote (i.e.

shown a drop in the percentage of

without whips) on whether to reinstate

Canadians who support capital

the death penalty, which had been

punishment, although a majority of

abolished in 1976. The PCs won the

respondents remain favourable. I think

election in a landslide with 211 seats to

this is reflective of the significant

40 for the Liberals and 30 for the New

decrease in the murder rate and a

Democratic Party, a social democratic

realisation that after 50 years or more

party whose policy was abolitionist.

of debate, the question is now settled

Only one Liberal was a retentionist.

as confirmed by the Supreme Court and the government.

So the matter was essentially decided within the government caucus, the

Q: According to Statistics Canada, the

majority of whom had favoured a return murder rate has been in decline since to capital punishment during the debate the mid-1970s despite the abolition of in the House of Commons.

the death penalty. How would you interpret this?

Prime Minister Brian Mulroney delivered a strong speech against

A: I think the decline in the murder rate

reinstating capital punishment, which

proves the deterrent argument

influenced many MPs, particularly those continues to be without empirical from Quebec.

support. There are doubtless other contributing factors such as an aging

At the end of the day the motion to

population and firearms controls.

reinstate was defeated 148 to 127 with 79 PCs voting in the negative.

(END)

Q: During the 1987 debate, public

Dictators Guard Their Death

opinion polls showed that more Canadians supported the death penalty than didn't. Since then, polling has

Switch By Cam McGrath

shown that public opinion has moved in the opposite direction. What factors do you think played a role in this change?

CAIRO, Aug 6, 2010 (IPS) - Abolition movements are gaining momentum in North Africa, but authoritarian regimes

A: It is true that recent polling has Page 5

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appear reluctant to remove capital

The absence of democracy in the region

punishment from the penal code.

could be seen as an obstacle -- or an opportunity -- to abolition, says Amin.

"Rulers who could (abolish the death penalty) will not give it up easily," says

"We're not talking about democracies

Nasser Amin, director of the Arab

here," he says. "To effect any change in

Centre for the Independence of the

this region you must convince the head

Judiciary and Legal Profession.

of state. If he agrees, the parliament will agree."

Capital punishment is legislated in all North African countries. Libya and Egypt But dictators have their reasons for proscribe the death penalty for dozens

maintaining the status quo. One oft-

of crimes ranging from murder to

cited argument is that capital

treason. Executions are carried out

punishment is needed to counter rising

regularly by hanging or firing squad.

crime rates.

Morocco, Algeria and Tunisia have

Hafez Abou Seada, chairman of the

moratoriums on executions, though

Egyptian Organisation for Human Rights

courts continue to pronounce death

(EOHR), isn't buying it. He says the

sentences for various offences.

death penalty is an ineffective deterrent

Hundreds of prisoners wait on death

against crime, while its implementation

row.

risks the shedding of innocent blood.

Abolition campaigns have focused

"For a long time we've used death

efforts on convincing regime leaders

penalty against drug dealers, yet drugs

and senior religious authorities of the

are widely available today, and at a very

ineffectiveness and contradictions of

cheap price," he told IPS. "Legislators

capital punishment. Activists have

tried to send a strong signal by the

pressed governments to adopt UN

death penalty, but after strengthening

Resolution 62/149, which calls for a

the sentence what happened? Nothing."

moratorium on executions as a step towards striking the death penalty from According to Abu Seada, Arab regimes the statute books. Only Algeria has

promote the misconception that capital

voted in favour of the resolution.

punishment is proscribed in Islam. In Egypt, for instance, the grand mufti, a Page 6

Crime and Justice — Death Penalty and the Right to Life

state-appointed religious authority, is consulted before any execution order is If capital punishment is not an effective carried out. The mufti rarely contradicts solution to crime, nor practised in court rulings.

accordance with Islam, why are North African leaders so reluctant to remove it

"They (regimes) interpret Sharia

from their penal code?

according to their purposes," he says. "The death penalty is an effective Sharia, or Islamic law, mandates capital

instrument of fear and repression,"

punishment for only four offences:

argues Amin. "It can be used to

premeditated murder, adultery,

(intimidate) or eliminate political

apostasy and banditry. It sets strict

opponents."

requirements and offers alternative punishments such as compensation and Legislation blurs the grey line between exile. Even in the case of premeditated

terrorism and political activism, giving

murder, the Qu'ran proscribes qasas

authorities broad discretion to arrest

("an eye for an eye"), but also provides

and execute dissidents. Capital crimes

the option of the victim's family

are usually tried in special courts, often

accepting blood money in lieu of

without the right to appeal.

execution. "If you look at the crimes punishable by "Governments cannot really say the

death you will notice that many of them

death penalty is taken from Sharia,

are related to the security and stability

because there are crimes such as

of the state -- which (encompasses)

adultery and apostasy...that are

most political activities," says Jaber.

punishable by death according to Sharia and are not part of the national

She points out that while the threat of

legislation, while others (such as arson)

execution may not be intimidating to

are not in Sharia yet appear in national

extremists ready to commit suicide for

legislation," says Taghreed Jaber,

their cause, it will make political

regional director of Prison Reform

activists think twice before speaking out

International. "In Morocco, for instance, against the government. there are 365 crimes that are punishable by death -- which goes far

Regimes that curb freedoms have been

beyond what Sharia calls for."

reluctant to relinquish measures of

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control. Algeria voted in favour of UN

NEW YORK, Aug 31, 2010 (IPS) - Two of

Resolution 62/149 in 2008, but cited

the nation’s most influential human

terrorism and security concerns in its

rights organisations have filed a lawsuit

decision to scrap legislation that would

challenging the government’s authority

have abolished capital punishment.

to carry out "targeted killings" of U.S.

Egypt recently renewed emergency laws citizens located far from any armed in effect since 1981, signaling that the

conflict zone.

death penalty would remain in effect for the foreseeable future.

The American Civil Liberties Union (ACLU) and the Center for Constitutional

One problem throughout the region,

Rights (CCR) charge that the authority

says Jaber, is that the death penalty still contemplated by the Obama enjoys popular support, as well as the

administration is far broader than what

backing of Islamic groups. If abolition

the Constitution and international law

movements can educate people on the

allow.

political nature of capital punishment, and its divergences from Sharia, it could The organisations claim that, "outside of erode this support. The public would

armed conflict, both the Constitution

view the death penalty not as a criminal and international law prohibit targeted or religious issue, but as a violation of

killing except as a last resort to protect

human rights.

against concrete, specific, and imminent threats of death or serious physical

North African leaders might be more

injury. An extrajudicial killing policy

inclined to abolish capital punishment if under which names are added to CIA there was a palpable shift in public

and military ‘kill lists’ through a secret

opinion, she adds. (END)

executive process and stay there for months at a time is plainly not limited to imminent threats."

Secret ‘Kill Lists’ Fly in the Face of US and Int’l Law By William Fisher

The CCR and the ACLU were retained by Nasser al-Awlaki to bring the lawsuit in connection with the government’s decision to authorise the targeted killing of his son, U.S. citizen Anwar al-Awlaki, whom the CIA and Defense Department Page 8

Crime and Justice — Death Penalty and the Right to Life

have marked for death.

the standards being used for these life and death decisions.

The complaint asks a court to rule that using lethal force far from any

"The United States cannot simply

battlefield and without judicial process

execute people, including its own

is illegal in all but the narrowest

citizens, anywhere in the world based

circumstances; and to prohibit the

on its own say-so," said Vince Warren,

government from carrying out targeted

Executive Director of CCR. "The law

killings except in compliance with these prohibits the government from killing standards. It also asks the court to order without trial or conviction other than in the government to disclose the

the face of an imminent threat that

standards it uses to place U.S. citizens

leaves no time for deliberation or due

on government kill lists.

process. That the government adds people to kill lists after a bureaucratic

Anwar al-Awlaki, 39, was born in Las

process and leaves them on the lists for

Cruces, New Mexico, and is an Islamic

months at a time flies in the face of the

lecturer who is a dual citizen of the U.S. Constitution and international law." and Yemen. He is a spiritual leader and former imam who has purportedly

The groups charge that targeting

inspired Islamic terrorists. His sermons

individuals for execution who are

are said to have been attended by three suspected of terrorism but have not of the 9/11 hijackers.

been convicted or even charged without oversight, judicial process or

Today’s lawsuit was filed against the

disclosed standards for placement on

CIA, Defense Department and the

kill lists - also poses the risk that the

president in the U.S. District Court for

government will erroneously target the

the District of Columbia.

wrong people. In recent years, the U.S. government has detained many men as

According to the complaint, the

terrorists, only for courts or the

government has not disclosed the

government itself to discover later that

standards it uses for authorising the

the evidence was wrong or unreliable.

premeditated and deliberate killing of U.S. citizens located far from any

But a top Obama counterterrorism

battlefield. The groups argue that the

official is defending the government’s

American people are entitled to know

right to target U.S. citizens perceived as

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terror threats for capture or killing,

someone is suspected of having ties to

citing al-Awlaki as an example.

al Qaeda or even supporting al Qaeda does not make them a member of a

Michael Leiter, director of the National

foreign force fighting the United States,

Counterterrorism Center, does not say

or someone directly participating in

whether al-Awlaki is on a U.S. targeting

hostilities against the United States."

list, but a senior U.S. counterterrorism official has previously confirmed that

"Until the U.S. starts providing

the cleric is among terror targets sought information about not only who they’re to be captured or killed.

targeting but what evidence exists that this person is a legitimate target, then

What does the law say about targeting

we can’t know if what they’re doing is

and killing people?

legal," she says.

Much of the discussion thus far has

Scott Horton, a constitutional lawyer

been about the Constitutionality of such and contributing editor at ‘Harper’s killings. But, counter-intuitively, the

Magazine’, tells IPS, "There are two

Constitution is not the primary engine. It ways the government can justify the is largely the laws of war that are in play extrajudicial killing of an American here.

citizen: one is when the person is in the act of a crime that threatens the lives of

Daphne Eviatar of Human Rights First

others, or serious injury to them, and no

(HRF) explains to IPS, "Whether the

other means exists to stop him; the

target is a citizen isn’t so important,

other is in the context of a war."

because he’s targetable if he’s an enemy belligerent or civilian who’s

"The Obama Administration appears to

directly participating in hostilities

think that the second case is applicable

against the United States."

with respect to al-Awlaki, but if they have evidence to prove it, they certainly

She adds, "The problem with the

haven’t advanced it to the public," he

government’s drone program is that it

says.

hasn’t provided the public with enough information to determine whether the

But even if they have such evidence, he

government is complying with those

adds, "they haven't explained why they

legal requirements. The fact that

don’t simply have him arrested and Page 10

Crime and Justice — Death Penalty and the Right to Life

brought back to stand charges based on talking about a President who believes the crimes they believe he has

he has the right to send the CIA to

committed, which appear to include

murder American citizens based purely

terrorist activities and perhaps treason. on allegations and suspicions of They obviously need to explain why that wrongdoing." approach won’t work before they go dropping bombs in circumstances that

(END)

might kill large numbers of innocent civilians in addition to killing al-Awlaki," Horton tells IPS. Col. Morris Davis, the Defense Department’s former chief prosecutor

SEPTEMBER HIGHLIGHTS Penal Reform International

for terrorism cases who argued on

open landmark conference

behalf of a terrorism suspect that the

on the abolition of the death

military justice system has been corrupted by politics and inappropriate influence from senior Pentagon officials,

penalty in the Middle East and North Africa

tells IPS: On 20 September 2010, Penal Reform "The 5th Amendment says U.S. citizens

International with the Swedish Institute

can’t be ‘deprived of life, liberty, or

in Alexandria and partner Arab Centre

property without due process of law.’ If for the Independence of the Judiciary the Constitution prohibits the and Legal Profession opened the second government from taking your house

Alexandria conference on the death

without giving you a hearing and the

penalty in the Middle East and North

opportunity to defend yourself, it seems Africa. rather ironic that they might take your life with even less formality and less

The conference brings together

process."

representatives from government and civil society from eleven countries from

Glenn Greenwald, constitutional lawyer the Middle East and North Africa and contributor to Salon.com, is (MENA), representatives of the African similarly troubled by the targeting policy. He concludes: "We really are Page 11

Commission on Human and Peoples’

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Rights, the League of Arab States, the

society and government officials can

International Criminal Tribunal for

take to forward abolition of the death

Rwanda, the European Commission and penalty,” said Mrs Jaber. “We should the UN Office of the High Commissioner use this opportunity to address the for Human Rights, as well as

basic issues of limiting the number of

international non-governmental

death penalty applicable crimes to only

organisation Amnesty International and the most serious offences, to open the representatives of local and

debate on the question of the death

international media.

penalty and Sharia law and to urge member states of the Arab League to

Ambassador Birgitta Holst-Alani,

consider amending article 7 of the Arab

Director of the Swedish Institute,

Charter on Human Rights in order to

opened the conference and welcomed

eliminate any possible application of the

all participants in the spirit of

death penalty to those under the age of

cooperation. Ambassador Holst-Alani

18.”

highlighted the importance of strengthening the dialogue between

This conference is part of a series of

Europe and the MENA region on the

events by government and civil society

issue of the death penalty, and

to debate the question of the death

encouraged participants to use this

penalty in the region and to identify

forum to discuss the opportunities and

proposed tools and strategies to take

risks for progress toward establishing a

this important work forward.

moratorium and assessing the tools and strategies available for work on

For more information please contact: +

abolition.

(0)44 207 247 6515

Taghreed Jaber, Regional Director of the Notes: PRI-MENA office, welcomed participants and made a call to civil society and the

PRI’s current programme of work on the

media to continue engaging in dialogue

abolition of the death penalty focuses

and debate on this important topic in

on supporting governments and other

the MENA region. “This landmark

stakeholders in progressing towards the

conference represents an opportunity

abolition of the death penalty and

for participants to have an open and

implementation of human rights

constructive debate on the steps civil

standards in criminal justice systems, Page 12

Crime and Justice — Death Penalty and the Right to Life

particularly concerning the treatment of death row, life and long-term prisoners. While the report marks a trend towards The programme of work is being carried abolition, it highlights the ongoing out in five regions: the Middle East and

difficulties of transparency by some

North Africa, Eastern Europe, South

States in providing information on

Caucasus, Central Asia and the Great

individuals sentenced to death and

Lakes region of East Africa.

individuals executed, and that serious problems remain with regard to respect

The programme, funded under the

for international law in countries where

European Union’s Instrument for

the death penalty is still imposed,

Democracy and Human Rights (EIDHR),

particularly in its limitations to the most

commenced in February 2010 and will

serious crimes, the exclusion of juvenile

run for 2 years

offenders from its scope, and due process guarantees.

Representatives from MENA states cover Algeria, Djibouti, Egypt, Jordan,

Of interest to PRI’s work on the

Lebanon, Morocco, Palestine, Syria,

progressive abolition of the death

Tunisia, Turkey and Yemen.

penalty, a number of PRI target countries were highlighted in the report, including:

The Question of the Death Penalty: Report of the UN Secretary-General

- - Algeria: more than 100 people were sentenced to death in 2009; the longstanding de facto moratorium on executions was, however, maintained. -- Egypt: at least 5 people were

On Monday 13 September, the UN

executed in 2009; in March 2010, 2

Human Rights Council opened its

people were executed.

fifteenth session in Geneva where the

-- Kenya: the President commuted the

UN High Commissioner presented a

death sentences of at least 4,000

report of the Secretary General on the

prisoners in August 2009 to life

question of the death penalty. Penal

imprisonment, and ordered a

Reform International welcomes this

Government study on the impact of the

report, and the information contained

death penalty on crime levels.

in it which covered the period from June -- Kyrgyzstan: the Parliament approved 2009 to July 2010. Page 13

a law on accession to the Second

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Optional Protocol in February 2010

article 6 of the International Covenant

however formal accession to the

on Civil and Political Rights.

Protocol did not take place during the

-- Yemen: the Committee Against

reporting period.

Torture expressed its concern at

-- Lebanon: although a de facto

reported cases of imposition of the

moratorium remains in place, in

death penalty of children between 15

October 2009, 7 people were sentenced and 18 years of age, and at the lack of to death for attacks against the

information in the State report on the

Lebanese army, 4 were sentenced to

number of persons executed in the

death by a military court for the crime

reporting period.

of collaboration with Israel in November 2009, and 16 people (3 in absentia)

Recommendations were made by the

were sentenced to death on terrorism-

UN Human Rights Council to establish a

related charges between January and

moratorium and/or formally abolish the

April 2010.

death penalty in Armenia, Egypt and

-- Morocco: the death sentences of 32

Kazakhstan.

prisoners were commuted to life imprisonment on the occasion of the tenth anniversary, in July 2009, of the King’s accession to the throne. -- Russia: in November 2009, the

PRI’s death penalty factfinding mission to Yemen

Constitutional Court decided to extend indefinitely a long-standing moratorium in a move towards described as “an irreversible process to abolish the death penalty” that reflected “a trend in international law”. -- Uzbekistan: in a recent case (Communication No. 1280/2004, Tolipkhuzhaev v. Uzbekistan, views adopted 22 July 2009), the Human Rights Committee held that the

PRI staff from the Middle East and North Africa (MENA) office went on a fact-finding mission to Yemen, 31 July – 4 August. The purpose was to gain a better understanding of the death penalty and its use in the country. During the visit meetings were held with relevant human rights organisations, the EU delegate to Yemen and with the UNICEF office.

imposition of a death sentence after a trial that did not meet the requirements for a fair trial amounted to a violation of

One of the issues raised was the execution of children. Although the

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Crime and Justice — Death Penalty and the Right to Life

Yemeni Penal code prevents death

information about the conference will

penalty for children and those who are

shortly be available on PRI’s website.

mentally ill, they continue to be executed along with women and men.

PRI’s global death penalty abolition

The execution of children was

project

attributed, by some organisations, to a

PRI’s current programme of work on the

misunderstanding among the judicial

abolition of the death penalty focuses

system and society about the age of

on 20 countries in five regions of the

criminal responsibility; contrary to all

world. In the Middle East and North

conventions ratified by Yemen, they still Africa, PRI is working in Algeria, Bahrain, consider the age of criminal

Egypt, Jordan, Lebanon, Morocco,

responsibility to be 15 years.

Tunisia and Yemen. The objective of the work in the region and indeed, across

It was discovered by PRI during its

the globe is to:

meetings that only eight percent of the

• Challenge society’s attitudes in

population are formally registered upon relation to the effect and efficacy of the birth. Age assessments for children in

death penalty;

conflict with the law are carried out

• Support governments and other

medically in the absence of their birth

stakeholders in progressing towards

certificates. This can lead to errors in

abolition, including increasing

the determination of ages. Accurate

transparency on application of the

statistics relating to the death penalty

death penalty, establishing moratoria

and its use are not available. It is

on sentencing and executions, reducing

evident however that the application of the scope of application in law and the the death penalty is widespread across

number of death sentences passed, and

the country.

increasing awareness of the relevant international standards and norms;

PRI will engage and work with MENA

• Challenge governments to consider

civil society in the spirit of the

carefully whether sanctions intended to

Alexandria Declaration of 2008 by

replace the death penalty, and

hosting a second regional conference on treatment of long-term prisoners “The Death Penalty in the Middle East

comply with international standards and

and North Africa: Risks, Opportunities,

norms

Proposed Tools and Strategies” in

• Increase safeguards and promote

Alexandria, September 2010. More

greater accountability in the criminal

Page 15

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justice system through holistic policy

Partnership Government of Trinidad and

development and legal reform, including Tobago. improved prison management. PRI hopes that the demarche will help PRI’s death penalty abolition project is

to bring an end to the use of the death

being implemented with the financial

penalty in Trinidad and Tobago.

assistance of the European Union, under the Instrument for Democracy and Human Rights (EIDHR).

News from International NGOs - June 2010

PRI's letter to the government of Trinidad and

Uganda: One Step Closer To

Tobago results in a formal

Abolition of the Death

diplomatic demarche on the

Penalty

use of the death penalty

Penal Reform International (PRI) welcomes the news that 167 inmates on

Following the announcement that Trinidad and Tobago will resume the execution of its death row prisoners, PRI together with other organisations wrote an open letter to Kamla Persad-

death row in Uganda have had their sentences reduced to life imprisonment. This decision follows the landmark ruling of Kigula & Others v Attorney General.

Bissessar, the country’s Prime Minister, expressing its grave concerns.

On 13 June 2005, the Constitutional Court of Uganda ruled that holding

PRI welcomes the response from the Foreign and Commonwealth Office, Carribean, Central America and Mexico Group. They will deliver a formal and diplomatic demarche with the European Union on the use of the death penalty to the recently appointed People's

prisoners on death row for more than three years amounts to excessive delay, and such prisoners should have their sentence commuted to life imprisonment. More than threequarters of the death row population would benefit from this judgement.

Page 16

Crime and Justice — Death Penalty and the Right to Life

Mr Livingstone Sewanyana, Executive

Uganda’s international obligations. This

Director of Foundation for Human

includes repealing all current legislation

Rights Initiative (FHRI), PRI's partner in

that still continues to provide for

Kampala, hailed this court ruling as a

mandatory death sentences as well as

“turning point in the campaign against

reviewing bills before the House of

the death penalty. "The next question," Parliament that provide for a death he continued to say "is one of

sentence such as the HIV/AIDS bill, the

implementation and enforcement.”

Anti-homosexuality bill and the Anti-

The Court also declared that mandatory terrorism Act. While international law death sentencing was unconstitutional

does not expressly prohibit the death

as trial judges were prevented from

penalty, the International Convention

taking account of individual mitigating

on Civil and Political Rights, to which

circumstances that might make the

Uganda is a party, limits the

death penalty inappropriately severe.

circumstances under which the death penalty can be applied and carried out.

The Attorney General appealed the ruling to the Supreme Court, and on 21

While, Parliamentarians may argue that

January 2009, the mandatory death

public opinion still favours the death

penalty and excessive delay on death

penalty in Uganda, they should look to

row were declared unconstitutional by

the judiciary for its guiding opinion. The

the Supreme Court of Uganda.

judiciary is vested with the duty to

Approximately 900 prisoners were

interpret the Constitution and to uphold

affected, including five who were

its provisions without fear or favour.

immediately released, having been sentenced to death more than 20 years

The Supreme Court of Uganda urged the

ago. Under the Uganda Prisons Act, life

legislature in the Kigula case to re-open

imprisonment carries a maximum 20

the debate on the desirability of the

year sentence.

death penalty in Uganda's constitution, particularly in light of findings which

While the Supreme Court has effectively show that there have been no civilian narrowed the scope and application of

executions since 1999 and yet

the death penalty in Uganda, taking it

individuals concerned continue to be

one step closer to abolition, there are

incarcerated on death row without

still a number of areas that Parliament

knowing whether they were pardoned,

must look at to bring it in line with Page 17

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have their sentences remitted or will to be executed. Mr Livingstone of FHRI notes that, “the

AI Middle East E-Magazine Focuses on Death Penalty

judiciary interprets public opinion. It is therefore an important institution leading the debate and campaign on death penalty. The fact that President Museveni does not sign execution orders indicates that Uganda is not committed to the death penalty.”

The 15th issue of Mawared, the human rights education magazine published by and prepared by the Regional Office in Beirut (www.amnestymena.org), focuses on death penalty, and provides a wealth of relevant documents, articles and resources.

PRI's work on the abolition of the death penalty around the world PRI’s current programme of work on the abolition of the death penalty focuses on supporting governments and other stakeholders in progressing towards the abolition of the death penalty and implementation of human rights standards in criminal justice systems, particularly concerning the treatment of death row, life and long-term prisoners. The programme of work is being carried out in five regions: the Middle East and North Africa, Eastern Europe, South Caucasus, Central Asia and the Great Lakes region of East Africa.

Following are contents of the special issue: Editorial Abolish the Death Penalty Why does Amnesty International Oppose Death Penalty? Amnesty International Death Sentences and Executions in 2009, Amnesty International Affront to Justice: death penalty in Saudi Arabia, Amnesty International Death Penalty in the Arab World The Death Penalty in International Law and the Practice in Arab Countries, Mervat Rishmawi The Practice of Death Penalty in the

The programme, funded under the European Union’s Instrument for Democracy and Human Rights (EIDHR), commenced in February 2010 and will run for 2 years.

Arab World, an Interview with Taghreed Jabr al-Qadi, Director of Penal Reform International MENA Office Death Penalty, Salim el-Hoss, Previous Lebanese Prime Minister

Page 18

Crime and Justice — Death Penalty and the Right to Life

National and Regional Coalitions against According to unofficial reports from Death Penalty

several sources in Iran several hundred

Death Penalty around the World

prisoners might have been executed in

The Road to Global Abolition, Martin

the Vakilabad prison of Mashhad, north

Macpheson

east of Iran, in the past year. The

Spain’s Commitment to the Abolition of executions have taken place secretly the Death Penalty: the creation of the

and neither the prisoners nor their

International Commission against the

families were informed prior to their

Death Penalty, Asunta Cavaller

execution. Most of those executed are

Death Penalty and Shari’a

thought to be convicted of drug related

Abolishing Death Penalty from an

charges. Iran Human Rights once again

Islamic Perspective, Sami Braham,

urged the United Nations on August 25

Academic researcher and member of

to send their Special Rapporteur as soon

Amnesty International Tunisian section

as possible to Iran.

Arguing against Revenge as a justification for Death, Taghreed Jabr el- Mahmood Amiry-Moghaddam, the Qadi and Hussam al-Jaghoob

spokesperson of Iran Human Rights

Death Penalty and Legislation

said:" There are reports of mass

Death Penalty in Jordanian Legislation,

executions and tens or perhaps

Judge Mohamed al-Tarwneh

hundreds of prisoners and we believe

A Tunisian Initiative for a Law that

hundreds of prisoners are in danger of

Abolishes Death Penalty

imminent execution". Amiry-

Death Penalty and Non-Violence

Moghaddam added: "We urge the world

14 Priorities for Abolishing Death

community to act now. The Special

Penalty: a non-violence approach, Walid Rapporteur of the United Nations must Slaibi and Augarite Younan

visit Iran now and investigate these

Human Rights Education

reports". Two weeks earlier, the website

Death Penalty in an Educational Pack

Green Voice of Freedom reported that "in the past few days, 70 prisoners were suddenly executed in Mashhad Prison.”

Iran: Hundreds Possibly Executed in Mashhad

Page 19

The report was based on information from a prisoner who was in the Vakilabad prison.

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International Campaign for Human

prisoners whose death sentences have

Rights in Iran also reported that a

been approved by the Supreme Court.

knowledgeable source has informed them that in the past few months over one hundred people have been executed in northeastern city of Mashhad. According to this report:

Proposed China Death Penalty Reforms May Have

“Judicial authorities at Vakilabad Prison

No Great Impact on

in Mashhad have executed over one

Executions

hundred prisoners, a majority of which were convicted of drug-related charges.”

Amnesty International has warned that proposed reforms of China's application of the death penalty may not result in

Ahmad Ghabel, a religious scholar close to former president Khatami, who had spent 170 days in the Vakilabad prison of Mashad and who was released in June, at least 50 people were executed in the section were he was imprisoned. He also said that on 10th of April 35 people were hanged in the Vakilabad prison of Mashhad while only five of the executions were reported by the official

significantly fewer executions. Chinese government news agency Xinhua reported on 23 August 2010 that proposed amendments to China's criminal code may see the death penalty removed from 13 out of 68 crimes that currently carry the punishment. The draft amendments are working their way through numerous readings in China's legislative chamber.

Iranian media. "Although we would welcome any According to sources in Iran the mass executions in Mashhad have increased in number and frequency during the past weeks. Several sources have also reported that Mr. Sadegh Larijani, head of the Iranian judiciary, in a secret letter has asked the permission of Ayatollah Khamenei, the Iranian supreme leader, to implement the executions of 1120

reform that would in practice decrease executions in China, we are not yet convinced that these legal revisions will have a significant impact," said Catherine Baber, Amnesty International's Deputy-Director for the Asia-Pacific programme. As part of its campaigning against the death penalty, Amnesty International has called on

Page 20

Crime and Justice — Death Penalty and the Right to Life

China to reduce the number of capital

death sentences in its worldwide annual

crimes.

report this year on the death penalty.

"We are still waiting for the Chinese

China is estimated to be the world’s

government to release the data that

biggest executor. Amnesty International

shows these proposed revisions are

said it opposes the death penalty in all

more than just legal housekeeping,

cases without exception, as the ultimate

removing crimes which have seldom

violation of human rights.

been punished with the death penalty in recent years," said Catherine Baber. The draft amendment to China's criminal code would, if passed, reportedly remove the death penalty as a punishment for white collar crimes such

Execution of Four Men in Equatorial Guinea Condemned

as tax fraud, and for smuggling valuables and cultural relics. It would

Amnesty International on 23 August

also remove the death penalty as a

2010 condemned the execution of four

punishment for those over 75 years of

men in Equatorial Guinea, all convicted

age.

of attempting to assassinate the country’s President. José Abeso Nsue,

The ultimate impact of any reforms to

Manuel Ndong Anseme, Alipio Ndong

China's use of the death penalty cannot Asumu and Jacinto Michá Obiang were be publicly known and evaluated due to executed on 21 August immediately classification of execution figures as

after being convicted by a military court

state secrets. Amnesty International has in the country's capital Malabo. called on the Chinese government to make the draft legislation and the

“These men were convicted after an

national execution figures public, so

unfair trial, sentenced to death and

that there can be transparent analysis

executed with chilling speed without

and debate on the death penalty.

having the slightest opportunity to appeal their sentence,” said Erwin van

In a challenge to China's lack of

der Borght, Africa Director at Amnesty

transparency, Amnesty International

International. The four men had been

declined to publish its own minimum

living as refugees in Benin for many

figures for Chinese executions and Page 21

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years, when Equatorial Guinean security were in April 2010 sentenced to 12 forces abducted them in January 2010.

years in prison for attempting to assassinate the president.

The former military officers were then secretly detained in Black Beach prison

Two Equatorial Guinean members of the

in Malabo, where they reportedly

opposition party People’s Union (Unión

“confessed” to the attack on the

Popular – UP), who were tried along

presidential palace on 17 February

with the Nigerian nationals, were

2009. Amnesty International received

acquitted in April. Despite their

reports that they had been tortured in

acquittal, Marcelino Nguema and

detention, forcing them to “confess” to

Santiago Asumu were last week

taking part in the alleged attack.

convicted on the same charges and were on 21 August sentenced by the

“Equatorial Guinea must put an end to

Malabo military court to 20 years and

the abductions, torture and executions

one day in prison.

it currently carries out under the pretence of justice,” said Erwin van der

“Marcelino Nguema and Santiago

Borght. José Abeso had reportedly

Asumu were tried twice on the same

asked to see his family when the

charges in a clear violation of

sentence was passed but when his wife

international law. We consider them

and son arrived at Black Beach prison an prisoners of conscience and are calling hour later he had already been

for their immediate and unconditional

executed.

release,” said Erwin van der Borght.

Equatorial Guinean authorities initially

Equatorial Guinea has been criticised by

blamed the presidential palace attack

the UN for abducting Equatorial

on Nigerian armed group Movement for Guinean refugees from neighbouring the Emancipation of the Niger Delta,

countries and holding them in secret

who denied responsibility.

detention.

Scores of Nigerians were rounded up, imprisoned and expelled from Equatorial Guinea following the incident. Seven Nigerian fishermen and traders, who had been arrested at sea,

Iran: 'Confession,' Stoning Sentence a Mockery of Justice Page 22

Crime and Justice — Death Penalty and the Right to Life

sought refuge in Norway after Iranian A televised confession by Sakineh

security forces threatened him and his

Mohammadi Ashtiani heightens the

family, accusing him of publicizing her

already grave concern that Iran will

case so he could gain asylum abroad.

soon execute the 43-year-old woman, Human Rights Watch said on August 13. Four days earlier, Ashtiani told The Ashtiani, initially sentenced to death by

Guardian newspaper, through an

stoning after being convicted in 2006 of intermediary, that an Iranian court had adultery, told state-run television on

"acquitted" her in 2006 of conspiring to

August 11, 2010, that she participated in murder her husband. "They're lying," the murder of her husband. Iranian

she told The Guardian. "They are

officials have repeatedly suggested over embarrassed by the international the past several weeks, in response to

attention on my case and they are

the international outcry over the

desperately trying to distract attention

stoning sentence, that Ashtiani

and confuse the media so that they can

murdered her husband.

kill me in secret."

"The men who run Iran apparently have On May 15, 2006, a criminal court in no shame at all, first pronouncing the

East Azerbaijan province found Ashtiani

barbaric sentence of death by stoning

guilty of having an "illicit relationship"

and then resorting to a televised

with two men following the death of her

confession," said Nadya Khalife, Middle

husband in 2005. The court sentenced

East women's rights researcher at

her to flogging, and she was given 99

Human Rights Watch. "Under the

lashes. In September 2006, in a separate

circumstances there is every reason to

case, the government put a man to

believe that this so-called confession

whom it referred to as "Isa T.," on trial

was coerced."

for the murder of Ashtiani's husband and also put her on trial for conspiracy

During the televised interview,

to murder.

Ashtiani's face was blurred and her words were voiced over with

At that point another court opened a

translations from her mother tongue,

separate adultery case against her

Azeri, into Farsi. In the broadcast

based on events that allegedly took

Ashtiani also criticized her previous

place before her husband's death,

lawyer, Mohammad Mostafaei, who

convicted her of "adultery during

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marriage," and sentenced her to death

"disturbing the public order" charge. In

by stoning. During this trial, Ashtiani

addition, her death sentence in the

retracted a confession she had made

separate adultery case remains in effect.

during a pretrial interrogation, alleging that it had been coerced. She has

Kian told Human Rights Watch that his

continued to deny the adultery charge.

client's latest confession on state television was coerced by authorities.

Iran's penal code allows judges in hodud He referred to her televised confession (morality) crimes such as adultery to use as a "pantomime" and remarked, "It's their own "knowledge" to determine

obvious that she [was under pressure].

guilt in the absence of direct evidence.

We should only be surprised if this were

Mostafaei, her former lawyer, said in a

not the case." Kian also told Human

posting on his blog, Modafe', that two

Rights Watch that he is awaiting the

of the five judges found Ashtiani not

Supreme Court's final ruling on whether

guilty during the adultery trial but that

his client's execution will go forward

the three remaining judges found her

and expects to receive word within the

guilty on the basis of their own

next few days. He added that prison

"knowledge." Ashtiani was convicted

authorities have prevented him from

three to two.

meeting his client during the past couple of days.

In public statements, Mostafaei and Ashtiani's present lawyer, Javid Kian,

On July 12, the Judiciary temporarily

said that Ashtiani was never convicted

halted Ashtiani's stoning sentence after

of murder and was ultimately only

the case attracted international

sentenced to prison for "disturbing the

attention, but officials said that she may

public order" during the 2006 trial. The

be hanged. On August 1, President Luiz

victim's family eventually forgave both

Inacio Lula da Silva of Brazil offered

Ashtiani and her alleged accomplice,

Ashtiani asylum, but the Iranian

which under Iranian law amounts to a

government rejected Brazil's offer and

legal pardon from the death penalty.

said that da Silva did not have enough

The man convicted of actually

information on her case.

committing the murder paid "blood money" to the victim's family and was

Authorities have held Ashtiani at the

later freed, while Ashtiani was

Tabriz prison, in the eastern province of

sentenced to 10 years in prison on the

Azerbaijan, since 2006. Mostafaei fled Page 24

Crime and Justice — Death Penalty and the Right to Life

Iran after authorities issued a warrant for his arrest but instead arrested his wife, Fereshteh Halimi, and his brother-in-law, Farhad Halimi, when he went into hiding and held them for more than a week. On August 2 in Turkey, Mostafaei asked the Office of the United Nations High Commissioner for Refugees for asylum in a third country. On August 8, Norway granted Mostafaei asylum and he entered the country. Iran alleges that Mostafaei, who had long been active in representing juveniles in death penalty cases, was involved in improper financial transactions in connection with accounts he helped set up for juvenile clients condemned to death. Human Rights Watch opposes the death penalty in all circumstances as an inherently cruel and unusual form of punishment and a violation of fundamental human rights.

Australia, according to the International Committee Against Stoning’s website http://stopstonningnow.com/ wpress/2249 The day of international protest marked the culmination of a growing wave of outrage since Sakineh was sentenced to death by stoning after having been convicted for having affairs with two other men than her dead husband. Petitions and appeals have multiplied through the summer and it is now hard to find a political leader or an artist who has not publicly stated their opposition to the stoning. Among the most

‘Sakineh’ Campaign

successful initiatives, the activist

Culminates in Worldwide

website Avaaz.org has gathered more

Protests

than 500,000 signatures on a petition asking Ayatollah Ali Khamenei and the leaders of Iran “to finally put an end to

What started as an effort to save an

capital punishment by stoning and to

Iranian woman sentenced to death by

reverse the unjust judgment in the case

stoning is turning into a global

of Sakineh Mohammadi Ashtiani”.

movement for human rights and against capital punishment. On August 28,

Avaaz has also been raising money from

thousands of protesters marched in

the public to pay for ads in the Brazilian

dozens of cities around the world to

and Turkish media calling on Brasilia and

oppose the planned execution of

Ankara to weigh on their Iranian allies in

Sakineh Mohamadi Ashtiani. The Iranian support for Sakineh. widow’s photo has become a symbol of the cruel and inhuman nature of the

French writer Bernard-Henri Lévy has

death penalty as activists prepare for

enlisted celebrities including actresses

events from Bagdad, Iraq to Brisbane,

Mia Farrow and Juliette Binoche,

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novelists Milan Kundera and Jorge Semprun and the Iranian-born, Oscarwinning author of Persepolis Marjane Satrapi. Together, they wrote a column published on the front page of the

SINGAPORE: FIDH Calls for Presidential Pardon for Young Vui Kong

newspaper Libération on August 16 and in media outlets worldwide. Many other The International Federation for Human artists and politicians have since then

Rights (FIDH), representing 164

signed their appeal to “stop the stoning organisations across the world, has on of Sakineh”.

24 August called on the Singaporean authorities to uphold the right to life, as

Another petition published on the

enshrined in international law, and

website Freesakineh.org features the

urged S. R. Nathan, President of

signatures of artists such as Gwyneth

Singapore, to exercise his constitutional

Paltrow and Peter Gabriel, Nobel Prize

power to grant a pardon to Yong Vui

winner Shirin Ebadi and New York

Kong, a 22-year-old Malaysian national,

Mayor Michael Bloomberg. More than

who has been sentenced to death by

200,000 visitors have now signed it, the hanging. World Coalition Against Death Penalty stated on August 25.

Yong, from Sabah, Malaysia, was 19 years old when he was arrested on 13

In Iran, too, web activists were making

June 2007 in Singapore for drug

their voice heard. The Farsi language

possession and was later charged with

blog Salam Sabz http://

trafficking 47.27g of diamorphine under

salamsabz.zaminblog.com/, close to the Section 5(1)(a) of the Misuse of Drugs Green Movement that opposed

Act. He was convicted by the Singapore

President Mahmoud Ahmadinejad’s

High Court in 7 January 2009 and

contentious re-election last year,

sentenced to death by hanging. In

describes the stoning sentence as a

December 2009, Yong appealed against

“distortion of religion that leaves it with his sentence but not his conviction, nothing but its name”. “The forgiveness admitting his action was wrong and in and kindness of God are being ignored

violation of the law. In a trial marred by

and anger and madness are being

public comments by executive officials,

presented as God’s words,” adds the

undermining the independence of the

author, Sabz-e Hossein.

judicial proceedings, his appeal was Page 26

Crime and Justice — Death Penalty and the Right to Life

dismissed on 14 May 2010 by Chief

Organisation wishes to underline that

Justice Chan Sek Keong. At this final

execution of drug traffickers both in

stage in the proceedings, Yong’s only

Singapore as well as in other parts of

escape from the gallows is a presidential the world has had no apparent or pardon commuting his sentence from

proven deterrent effect on drug

execution to life imprisonment, on the

trafficking. Despite Law Minister

advice of the Cabinet, pursuant to

Shanmugam’s words to the contrary,

Article 22(P) of the Constitution of the

there is no empirical data supporting

Republic of Singapore.

the deterrence effect of the death penalty for drug crimes, especially

Several mitigating factors point towards among indigent and vulnerable sectors the appropriate use of a presidential

of society. In this particular case, FIDH

pardon in this case. Yong was born into

invites the Singaporean authorities, in

a disadvantaged and vulnerable family

particular President Nathan, to consider

situation. After his family moved to the

Yong’s repentance, background, and the

estate of another family member,

positive message his rehabilitation and

where Yong and his mother were

reform can send to young people

repeatedly abused, Yong moved on his

around world in commuting Yong’s

own as a youth to Kuala Lumpur. In

sentence to life in prison. To this end,

addition, Yong is repentant for his crime FIDH strongly urges a presidential and has openly recognised his wrong-

pardon be granted to Yong and calls the

doing. He has consequently embraced

Singaporean government to take

Buddhism while incarcerated and has

concrete steps towards abolishing the

been educating his fellow inmates as

death penalty.

well as the wider public on the destructive nature of drugs, hoping to

Note: Death sentence for drug related

use his remaining days to provide

offences is mandatory in Singapore. For

positive guidance to young people like

more information, FIDH points to the

himself.

statement of Philip Alston, the Special Rapporteur on extrajudicial, summary

FIDH opposes the death penalty in all

or arbitrary executions of the United

circumstances as a cruel, inhuman

Nations, in November 2005, calling on

punishment that violates one of the

the Government of Singapore not to

most fundamental human rights: the

proceed with the planned execution of

right to life. In addition, our

Nguyen Tuong Van sentenced to death

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for attempting to drug trafficking. r. Alston, a law professor at New York

FIDH and the Vietnam Committee on

University, said that the execution of Mr Human Rights recommend that Vietnam Nguyen would violate international legal “lift the classification of “state secrets” standards relating to the imposition of

on capital punishment and make public

the death penalty. The principal

statistics on the number of death

problem, according to the UN Special

sentences pronounced and executed

Rapporteur, is the mandatory nature of

every year”. Many of the death

the death penalty.

sentences were given for drug offences. The International Harm Reduction Association recorded at least 109 such

FIDH Report on Vietnam: An

cases between 2007 and 2009. An

Update on Death Penalty

Amnesty International report states that

Statistics

at least nine people were executed and 59 people were sentenced to death in 2009.

The FIDH and the Vietnam Committee on Human Rights released a new report, Even though the government intends to From Visions to Facts: Human Rights in keep the death penalty there are Vietnam under its Chairmanship of

positive signs that it is moving away

ASEAN, on 16 August 2010. The report

from capital punishment. Vietnam has

reveals that Vietnam continues to have

shown positive action towards the

high death penalty statistics.

abolition of the death penalty when “in

Vietnamese judges hand down death

2009, the government reduced the

sentences for crimes such as murder,

number of offences punishable by death

armed robbery, drugs trafficking, rape

from 29 to 22”. Vietnam also abstained

and economic crimes.

from the 2007 and 2008 moratorium votes in the UN General Assembly and

“In 2010, the official legal magazine

did not sign the note verbale of

Phap Luat (Law) reported 11 death

disassociation against the resolution.

sentences for the month of January alone,” the report states. It also stresses Vietnam complied with one of the that in “January 2004, Vietnam adopted recommendations included in these a decree classifying death penalty

resolutions by reducing the number of

statistics as “state secrets”.

crimes punishable by death. But the Page 28

Crime and Justice — Death Penalty and the Right to Life

resolutions also request countries that

are eligible. He said all public right

maintain the death penalty to provide

prisoners will benefit from the pardon

death penalty statistics to the UN

except for smugglers and drug dealers,

General Assembly.

and those who committed crimes threatening the security of society.

WORLD PRESS REVIEW August 2010

Abdulqader said the pardon does not mean the remaining time of a sentence is canceled permanently. This time will be added to a new sentence if a

This review provides a glimpse of

pardoned prisoner commits another

developments related to death penalty

crime. Early August, 60 inmates were

as reported by media around the world, released in Al-Baha region and they all in a chronological order from the end of expressed their gratitude for the royal August to beginning of the month.

gesture and pledged to repent. More prisoners were expected to be released soon under the Ramadan pardon,

60 PRISONERS FREED UNDER SAUDI

officials said.

KING'S RAMADAN PARDON Al-Ahsa Prison has released 60 inmates of various nationalities over the past

VIETNAM PRESIDENT GRANTS

few days as part of the King’s Ramadan

AMNESTY TO 17,529 PRISONERS

pardon. The prisoners were found

Vietnam's President Nguyen Minh Triet

eligible for a Ramadan release after

has agreed to grant amnesty to 17,520

their files were studied by the

prisoners on the occasion of the

authorities, Abdul Hadi Al-Smaeel

National Day on Sept. 2, VietNamNet

reported in the Saudi Gazette end of

reported on August 28. The President’s

August.

decision was made public on Aug. 28 at a press briefing which brought together

Major Anwar Al-Abdulqader, Al-Ahsa’s

reporters from many local and foreign

Prison Director, said the pardon

newspapers and news agencies and

committees are continuing to study

representatives of foreign diplomatic

prisoners’ files, noting that there is no

corps in Vietnam.

time frame for the release of those who

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The amnesty recipients include 17,210

participated in the fight against crimes

prisoners who are serving their jail

and charitable activities. Regarding the

terms and 310 offenders with prison

post-amnesty work, Deputy Minister of

terms being cancelled or temporarily

Public Security Sen. Lieut. Gen. Le The

suspended who are eligible for the

Tiem said the Prime Minister has

amnesty, said the State President Office. already instructed local authorities to Among those, there are 20 offenders

assist the former prisoners to

who had been convicted on the charge

reintegrate into the community.

of “infringing upon national security” and 37 inmates who hold foreign

As many as 114,913 prisoners have

nationalities, including China , Laos ,

been released ahead of time as the

Cambodia and others.

result of the previous ten times of amnesty with many of them becoming

Giang Son, Deputy Director of the State

businesspeople and setting up funds to

Office, noted that the President’s

assist those who are in similar situation

amnesty decision once again constitutes with them, said Tiem. He said all prisons and affirms the Party and State’s policy

and detention camps nationwide will

of clemency for those offenders who

begin enforcing the amnesty decision in

have shown repentance, encouraging

the morning of August 29.

them to redeem themselves to become useful citizens. He stressed that every punishment that the State has given out MALAYSIA: SALESMAN TO HANG FOR in line with its penal code aims to not

FIANCEE'S MURDER

only reprimand law-breakers but also re On August 29, Judge Datuk Zamani A. -educate them to become useful citizens Rahim of the Malaysian High Court with a sense of abiding by the law and

sentenced salesman Raja Saiful Nizam

code of conducts in society as well as

Raja Ali, 28, from Bandar Amanjaya,

prevent them from committing crimes

Sungai Petani, to death for murdering

again.

his fiancee Rohayu Kasa, 28, on August 29, 2006, in Yan after an argument over

Son cited the fact that almost all those

bridal money. The spat turned ugly

granted with amnesty over the past

when the accused beat his fiancee to

years have quickly re-integrated back

death with a motorcycle helmet. He hid

into the community. Many of them have the body in a bush before surrendering become successful and enthusiastically

to the police several hours later. Before Page 30

Crime and Justice — Death Penalty and the Right to Life

sentencing, Zamani said the prosecution Local rights groups have long had proven its case beyond reasonable

campaigned against the death penalty,

doubt, Business Times reported on

which is mandatory for murder, drug

August 30.

trafficking and possession of firearms among other crimes in the country. Campaigners said the sentence was

MALAYSIA: MINISTER AGAINST DEATH

inhumane.

PENALTY A senior Malaysian minister reportedly

Malaysia filed a clemency plea to

urged the government to abolish the

Singapore last month over the case of

death penalty amid outrage from rights Yong Vui Kong, a 22-year-old who is groups, Afp reported on August 29. The facing the death penalty after he was call came amid a debate over executions convicted in 2008 of trafficking 47 -- carried out in Malaysia by hanging --

grams (1.65 ounces) of heroin into

after Kuala Lumpur last month sought

Singapore. The case has received wide

clemency from Singapore for a young

attention in the two countries, after

Malaysian drug trafficker who is facing

activists petitioned for his life to be

the gallows in the city-state.

spared. Yong, who was 19 when he was caught, said he has repented and

Both Malaysia and Singapore have

pledged to campaign against drugs.

tough anti-drug laws and rarely seek clemency for nationals facing drug charges in the other country. "If it is

USA: ANESTHESIA SHORTAGE MAY

wrong to take someone's life, then the

DELAY EXECUTIONS

government should not do it either,"

A nationwide shortage of several

Nazri Aziz, the Minister in the Prime

anaesthesia drugs has left several states

Minister's Department told the Sunday

scrambling to find enough doses to

Star English newspaper.

carry out lethal injections — potentially delaying executions well into next year,

"No criminal justice system is perfect.

according to USA Today reported on

You take a man's life and years later,

August 28.

you find out that another person did the crime. What can you do?" said the

Kentucky announced three days earlier

senior minister, who oversees legal

that it would not be able to carry out

affairs.

two executions, despite pending death

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warrants, because the state has only

Rosenberg said Hospira won't have

enough sodium thiopental, also known

more of the drug available until

as Pentothal, to perform a single lethal

sometime in the 1st quarter of 2011.

injection. "We have reached out to

The lack of sodium thiopental

some other states, but that has not

developed after a more commonly used

been fruitful," said J. Michael Brown,

anesthetic called Propofol grew scarce,

secretary of the Justice and Public

said Bona Benjamin with the American

Safety Cabinet. "We've had other states Society of Health-System Pharmacists. call us trying to find it." The shortages have led to major Oklahoma has also been forced to delay disruptions for hospitals, doctors and an execution after a federal judge said a patients, who have postponed some hearing needs to be held before the

elective surgeries as a result. Benjamin

state could substitute a drug for the

said that with the shortage of Propofol

state's remaining dose of sodium

it didn't take long to start seeing

thiopental. That dose "wasn't at the

shortages in drugs that could be safely

quality we wanted," said Jerry Massie, a substituted. Kentucky has 9.5 grams of spokesman for the state Department of sodium thiopental available, according Corrections.

to Department of Corrections documents. Execution requires 3 grams,

Ohio prison officials have been closely

plus an additional 3 grams for backup

watching the nationwide shortage after injection. Moreover, Kentucky's dose of they feared they may not be able to

sodium thiopental expires in October.

carry out a lethal injection last spring

Democratic Gov. Steve Beshear signed a

because of limited supplies, according

warrant this week that sets an

to Ohio corrections spokeswoman Julie

execution date of Sept. 16 for Gregory

Walburn. Hospira, based outside

Wilson, who was sentenced in 1988 for

Chicago, the sole U.S. manufacturer of

the May 1987 murder and rape of

sodium thiopental, says manufacturing

Deborah Pooley.

problems have hindered production of the drug, though spokesman Dan

Brown said he recommended

Rosenberg declined to elaborate. "We

scheduling Wilson first because his case

are working to get it back on the market is the oldest of the three warrants as soon as possible," Rosenberg said.

requested. Warrants also were requested for Ralph Baze, who was Page 32

Crime and Justice — Death Penalty and the Right to Life

convicted of killing a sheriff and deputy

President on July 6, 2010. Based on the

in 1992, and Robert Carl Foley, who was ministry’s suggestion, the President has convicted in 1993 and 1994 of killing six decided that Chamar will spend the rest people in 2 incidents.

of his life in jail without parole.

INDIA: PRESIDENTIAL PARDON FOR

JAPAN: EXECUTION CHAMBER OPENED

OLDEST DEATH ROW CONVICT

TO REPORTERS

Indian President Pratibha Patil has

The Tokyo Detention House opened its

commuted the death sentence of 75-

execution chamber to the media, giving

year- old Shobhit Chamar — the oldest

the public its first peek at the place

mercy petitioner alive, Mail Today

where death-row inmates are hanged,

reported on August 27. For a person

the Japan Times and BBC reported on

who has already spent 22 years of his

August 27. The Justice Ministry

life behind bars, this had been a long

organized the tour at the instructions of

wait. His mercy petition was with the

Justice Minister Keiko Chiba, who is

President’s office since 1998. Chamar

trying to generate public debate on the

was jailed for killing six members of his

death penalty.

upper- caste landlord’s family, including two children aged 10 years and eight

Officials of the detention house and the

years.

ministry escorted some 20 reporters to the execution chamber, which is part of

The ministry of home affairs ( MHA) had a larger structure consisting of a twice rejected his mercy plea in 2000

chaplain chamber, front chamber,

and 2005 respectively, recommending

button chamber and attendant

to the President’s secretariat that he be chamber. Reporters were first briefed in hanged. But the MHA relented the third a conference room and then loaded time around last month when the

onto a small, curtained bus for the trip

President again sent Chamar’s file back

to the execution chamber. Reporters

to home minister P. Chidambaram’s

were banned from speaking and from

office on June 9, 2010, for

bringing anything other than pen and

reconsideration. The MHA revised its

notebook.

opinion saying Chamar’s sentence may be commuted given his old age and sent In the chaplain chamber, inmates can a communication accordingly to the Page 33

receive services from a chaplain

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appointed by the detention house. The

push them at the same time so they

room has a Buddhist altar, but Christian don't know which one actually springs and Shinto arrangements can also be

the trapdoor. In the attendant chamber,

made upon request. Tea, fruit or sweets officials view the execution chamber are also offered in the room, he said.

and the room below. In five minutes

Then they are escorted to the front

after a doctor confirms death, the

chamber, where they are given a last

corpse is lowered and put in a coffin.

chance to speak with the chaplain. It is in the front chamber where the

JAMAICA: EX-SOLDIER SENTENCED TO

chief of the detention house formally

DEATH

announces the execution. Inmates are

Jamaican Supreme Court Justice Horace

then blindfolded, handcuffed in front

March sentenced ex-soldier Leslie

and escorted to the execution chamber. Moodie, 35, to death for the Double A curtain is the only thing that separates Diamond night club murders in October the front and execution chambers, but it 2008, Jamaican and foreign news media is usually closed, and inmates are

reported on August 26. Four people

unable to see the execution chamber

were killed in the attack. Laywers for

and the rope dangling from the ceiling

Moodie had argued that he was drunk

pulley and hooked to the floor.

and accidentally shot the men. In handing down the sentence, Justice

There was no rope visible in the

Marsh said the only punishment that

execution chamber because "it is

could be imposed was death. He said

installed only when execution is carried

the mitigating factors did not outweigh

out," officials said. In the execution

the extreme and exceptional

chamber, the inmate's legs are tied, the circumstances of the murders. It is noose is tightened and the condemned

unlikely, however, that Moodie will be

stands on a trap door. The 30-minute

hanged, reports said and added that no

tour showed the red square on the floor one has been executed in Jamaica for where a convict stands with a noose

more than two decades. At least four

around their neck before the trapdoor

people besides Moodie are on death

opens beneath them.

row.

Then three officials enter a side room where there are three buttons. They

NORTH CAROLINA (USA): DEATH ROW Page 34

Crime and Justice — Death Penalty and the Right to Life

INMATES USE RACIAL JUSTICE ACT TO REQUEST COMMUTATION Under the Racial Justice Act 147 of the 159 inmates on death row used the law to request that their sentences be converted to life without parole, The Sun News reported August 22. This month, under the fledgling Racial Justice Act, all but a dozen of the 159 inmates on North Carolina's death row used the historic law to request that their sentences be converted to life without possibility of parole because of racial bias in their trials and sentencing. None of the racial bias claims filed under the year-old Racial Justice Act, 1 of only 2 laws of its kind in the country (the other is Kentucky), has gone before a judge. The deadline for death row inmates to file claims was Aug. 10, and according to the latest count by the state attorney general's office, 147 inmates - 82 black, 53 white and 12 of other races - are seeking relief.

Page 35

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