Discussion:
death penalty news----worldwide----S. AFR., SUDAN, INDIA, CHINA, SING., MALAY.
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Rick Halperin
2017-08-30 13:28:09 UTC
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August 30



SOUTH AFRICA:

Remains of 10 hanged PAC members to be exhumed



The remains of 10 of the Pan Africanist Congress's armed wing Poqo who were
hanged from 1963 to 1967, will be exhumed on Thursday.

The National Prosecution Authority said the exhumations form part of the
Gallows Exhumation Project launched by Justice minister Michael Masutha in 2016
which is aimed at recovering the remains of 130 political prisoners.

They were hanged prior to the suspension of the death penalty in 1990.

The bodies of the hanged political prisoners remained the property of the state
and they were given paupers' burials in municipal cemeteries around Pretoria
with families being denied the opportunity to bury them.

"At least 60 PAC members were hanged in the 1960s. The 10 PAC members to be
exhumed this week arise out of the period of intense political protest in Paarl
in 1962 when members of the PAC (Poqo) based in the single men's migrant worker
hostels in Mbekweni township undertook a series of campaigns and attacks on
suspected informers and white residents," the NPA said.

"The period of protest culminated in a mass night time march on the white town
of Paarl in November 1962 in which 2 whites were killed.

"In all, 9 persons were killed by the PAC protestors that year and 5 PAC
protestors were shot dead by police. Mass arrests and trials ensued in the
years that followed, and 20 PAC members were ultimately hanged for the events
in Paarl. Scores of others were sentenced to terms of imprisonment."

The NPA said the remains will be exhumed from Mamelodi West cemetery where they
were buried in paupers' graves on the same day that they were hanged.

The other 10 PAC members hanged for the events in Paarl will be exhumed in the
coming months.

The process will be led by the TRC Unit in the Department of Justice and
Constitutional Development together with the Missing Persons Task Team (MPTT)
in the NPA.

The 10 PAC members whose remains will be exhumed this week are as follows:

1. Vezile Jaxa (26) hanged on November 1, 1963

2. Lennox Mngambi Madikane (25) hanged on November 1, 1963

3. Mxolisi Damane (26) hanged on November 1, 1963

The above 3 were the first people to be hanged for the crime of sabotage, for
their leadership role in the November 1962 march, rather than any involvement
in any deaths.

4. Gadavu Johannes Notyawe (40) hanged on October 14, 1963

He was hanged for the killing of 2 suspected informers, Klaas Hoza and George
Tshisa.

5. Gqibile Nicholas Hans (26) hanged on May, 30 1967

6. Baden Koboka (32) hanged on May 30, 1967

7. Jabavu Jonas Mzondi (34) hanged on May 30, 1967

8. Livingstone Fatyela (30) hanged on May 30, 1967

9. Bongezile Edward Sikundla (32) hanged on May 30, 1967

10. Msimasi Wellington Tyobeka (29) hanged on May, 30 1967

These 6 were among 9 persons hanged for the killing of a shopkeeper Maurice
Berger.

(source: enca.com)








SUDAN:

President al-Bashir pardons Sudan's human rights defender



Sudanese President Omer al-Bashir on Tuesday granted a pardon to the prominent
human rights defender Mudawi Ibrahim Adam who was charged with 6 offences, some
of which are punishable by death.

In a presidential decree released by the official news agency SUNA, al-Bashir
ordered to free Mudawi Ibrahim and 5 other people indicted with him and to "put
this decision into effect from the date of its signature on Tuesday.

Last June, Sudan's state security prosecutor office charged him with 6 offences
under the 1991 Penal Code, including espionage and intelligence activities in
favour of foreign embassies, undermining the constitutional system and waging
war against the state all of these charges carry either the death penalty or
life imprisonment.

However, on 16 August, the court postponed Adam's trial for the 3rd time due to
the absence of 1 of the 5 accused who fled to Egypt.

His espouse Sabah Adam expressed her happiness for the release of her husband
and regretted his "unjust detention for 9 months without a crime" as she said
when reached by Sudan Tribune.

She further said they expect his release on Tuesday night or Wednesday morning,
but Sudan Tribune can confirm he was released late on Tuesday.

For his part, his lawyer Nabil Adib stressed that "the presidential decree
dropped all the charges against his client".

Ada, an engineering professor and Chair of the non-governmental organisation
Sudan Social Development Organisation (SUDO) was arrested on 7 December 2016 by
the National Intelligence and Security Services (NISS).

(source: Sudan Tribune)

*******************

Sudan student convicted of killing policeman: lawyer



A court in Sudan convicted a university student on Tuesday of killing a
policeman during protests in the capital last year, a defence lawyer told AFP.

Asim Omer, who was studying at Khartoum University, was arrested in December
and charged with killing the policeman after hundreds of students clashed with
security forces at the campus on the banks of the Blue Nile in April 2016.

"The court found Asim guilty under Sudan's penal code, and he will be sentenced
on September 24," his defence lawyer Mohamed Arabi said.

Under Sudanese law, Omer could suffer the death penalty for killing the
policeman.

Students at Khartoum University demonstrated several times last year against
what they said was a plan to sell off buildings belonging to the institution.

The government denied the charge, and police often resorted to firing tear gas
to disperse the protesters.

Demonstrations against local grievances occur frequently in Sudan but are often
suppressed by police and state security agencies.

In late 2016, sporadic anti-government rallies were staged in Khartoum after
the government raised fuel prices.

The demonstrations were swiftly broken up by security forces, and dozens of
opposition leaders and activists were arrested.

The biggest crackdown on protesters was in September 2013, when dozens of
demonstrators were killed during anti-austerity rallies.

Thousands of people took to the streets of Khartoum and in some other regions
calling for the downfall of President Omar al-Bashir's regime, also after the
authorities slashed fuel subsidies.

Rights group Amnesty International said at the time that about 200 people were
killed, hundreds were wounded and more than 800 arrested.

The government gave a death toll of fewer than 100.

(source: news24.com)








INDIA:

Uttar Pradesh man gets death penalty for killing wife, 3 children



A CBI court awarded death sentence to a man who killed his wife, 3 children and
2 neighbours 8 years ago on Tuesday in Lucknow.

According to police records the man for killing his wife and 5 others after he
was opposed for having an illicit relationship with his sister-in-law.

The CBI Special Court holding that the case fell into the 'rarest or rare'
category.

"The convict Sarvan, would be a threat to the society and such, he was no
longer entitled to live on earth and ordered that he be hanged till death,"
said the CBI special court.

The judge in the 61-page verdict said, "Sarvan was married and had 3 children
but even then, he committed the massacre to quench his thirst of lust and the
manner in which he eliminated his family and the neighbours -- his act was not
less than that of a devil."

The verdict further read, "Not only 2 families suffered on account of his act,
but he became a threat to the society."

The CBI Court has referred the matter to the high court as death penalty has to
be confirmed by it before its execution.

Special CBI Judge Harish Tripathi pronouncing the verdict also sentenced
Sarvan's sister-in-law Suman to 4 years of rigorous imprisonment and slapped a
Rs 2000 fine one her after holding her guilty of removing evidence in the case.
The court has also slapped Rs 7000 fine on Sarvan.

The FIR in the case was lodged by Kolai, the husband of Madhuri, at the
Mohanlalganj police station on April 25, 2009.

(source: newsnation.com)








CHINA:

Blockchain ICOs: Can China Issue The Death Penalty For Illegal Fundraising



The latest craze in Blockchain circles are Initial Coin Offerings (ICOs),
sometimes called Token Creation Events in order to reduce similarities with
highly regulated Initial Public Offerings. ICOs work like this: A startup posts
a cryptocurrency address on their neat website with an outlandish idea, and
money flows in from amateur investors hoping to strike it rich.

Such schemes have raised over US$1.8 billion this year alone, according to
Coindesk, a leading industry publication. The projects range from global
supercomputers to artificial intelligence to powerful decentralized funds. In
exchange for their money, investors receive "tokens," virtual casino chips they
hope to later be able to use to purchase the product or sell on to other users
or investors.

With little to show and pockets full of cryptocurrency, these projects have
come under heavy fire from industry leaders and securities lawyers. The United
States' Securities and Exchange Commission has even issued warnings to
investors.

Some, however, see an even dimmer future for those raising funds in China.

A blog post from the popular Shenzhen-based Bitcoin exchange Bitkan raised the
question of whether China would invoke capital punishment on those raising
money illegally through ICOs.

The post has become widely circulated and replicated over the past 2 months,
and the death penalty become a widely accepted possibility among observers of
the space.

In reality, however, there seems to be little evidence supporting this claim.

While China does claim illegal fundraising to be a major problem, with over
US$36 billion raised in the past year alone, it does not seem to have executed
anybody for this crime since 2013, when there were two reported cases. The 1st
ever death penalty for illegal fundraising was reported in 2011, when 3 men
were convicted of having illegally raised RMB 5.5 billion (worth US$867 million
at the time) from 15,000 families, and embezzled 1.5 billion of it.

The Chinese Criminal Law (full text) was first introduced in 1979 and has
existed in its current form since 1997.

Article 160 (Securities Fraud) and Article 179 (Illegal Fundraising) mention a
maximum sentence of 5 years, while Article 192 (Financial Fraud) mentions life
imprisonment for cases where the amount is "especially huge."

Article 199, which amends Article 192 opens up the possibility of capital
punishment "if the amount involved is especially huge and especially material
losses are caused to the interests of the state or public."

Yet Article 199 was removed as part of the criminal law reform of 2015. The
ratification of the 9th Amendmend to the Criminal Law (original text) removed
capital punishment for currency counterfeiting, smuggling arms and ammunition
and others.

There are currently still 46 offenses for which courts reserve the right to
invoke capital punishment in China. Many of them are for non-violent crimes,
but few remain for economic crimes: Production or sale of counterfeit medicine,
hazardous food products and embezzlement in public office.

Anyone looking to raise funds in China through an ICO can sleep better. Five
years in prison is the maximum jail time that awaits those whose token has been
ruled an illegal security. Only those fraudulently raising money can expect
higher sentences, and even life imprisonment.

(source: forbes.com)








SINGAPORE:

New terrorism laws covering use of radioactive material to take effect Sep 1



Starting Sep 1, it will be an offence to possess radioactive material or any
nuclear explosive devices with the intention to cause harm, said the Ministry
of Home Affairs in a news release on Wednesday.

This comes under new laws that were passed in Parliament in May. A person who
commits a fatal act of terrorism using radioactive material or nuclear
explosive devices will face the mandatory death penalty.

With the legislation going into effect on Sep 1, the United Nations'
International Convention for the Suppression of Acts of Nuclear Terrorism
(ICSANT), which Singapore ratified, will also come into force on the same day.

Under ICSANT, it will be a criminal offence to intentionally use radioactive
material or nuclear explosive device to compel other people, governments or
organisations to do or refrain from doing any act, said MHA.

It will also be an offence to use such materials and devices to damage a
nuclear facility, leading to the release of radioactive material.

Second Minister for Home Affairs Desmond Lee had said in May that the penalties
will be pegged at the same level as a murder offence and therefore, in the
event of fatalities caused, the death penalty will apply.

(source: channelnewsasia.com)








MALAYSIA:

Indonesian chicken farm worker charged with murder



An Indonesian who worked in a chicken farm was today charged with murder at the
magistrate's court here.

Samsul Hadi, 35, was charged with killing his employer, Sam Peng Kok, 46, at
the workers' quarters, Jalan Seng Heng, Sagil, between 10am and 1pm on Aug 16.

He was charged under Section 302 of Penal Code which carries the death penalty
upon conviction.

Magistrate Arun Noval Dass fixed Oct 2 as mention date after Inspector Siti
Alina Mohd Adil, who appeared as prosecution officer, said the post-mortem and
related chemistry report are not ready yet.

No plea was recorded and the accused was unrepresented.

(source: thesundaily.my)

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