Revival of Death Penalty in Philippines?

Philippine House of Representatives House Bill 4882 is entitled, 'An Act Restoring the Death Penalty Repealing R.A. No. 9346 and for other purposes'. It was filed on 31st July by Congressman Representative Bienvenido M. Abante of the 6th District Manila. The Bill is currently under the Committee on the Revision of Laws.
Congressman Abante is a pastor of the Metropolitan Bible Baptist Church. Bill 4882 seeks to revoke the law that repealed the death penalty. If the Bill succeeds up to 1000 prisoners will again be on Death Row, awaiting execution.

Seminar on Religious Aspects of Death Penalty

Seminar in Office of National Human Rights Commission 15th, 16th July

This seminar was planned to be a presentation of the points of view expressed in the earlier seminars devoted to Buddhist and Muslim perspectives on the death penalty and to provide a forum for discussion on the relevance of these perspectives to abolition of the death penalty in Thailand. Noteworthy speakers from the earlier seminars were selected to summarise the various religious perspectives, to be followed by a general discussion of the consequences for the movement towards abolition in Thailand. The intended audience were the donor embassies of the project, influential religious leaders in the Bangkok region, representatives of the Government ministries and agencies relating to the death penalty, the media, NGO representatives, academics, and interested members of the public.

The seminar was graciously addressed by His Excellency Dr. Friedrich Hamburger, Ambassador of the European Union who emphasised the universal human interest of the topic and the aspect of human dignity even in the most conspicuous criminal. He recalled the attribution of capital punishment to a divine lawmaker in the beginning of history and the pivotal relegation of the matter to civil authority, except in the Muslim world, by the words of Christ, ‘Leave to Caesar what is Caesar’s and to God what is God’s.

He recalled the justification of Punishment under the headings of:

1. Deterrence; 2. Rehabilitation; 3. Prevention of repeat offence.
   

In the case of Capital Punishment, 1. was ineffective, 2. was very limited, while 3. might be 100% effective.

However, application of the death penalty is always cruel and degrading. And it is degrading both to the person executed and to the executioner. The degradation extends to every participant in the process of execution, up to the highest level.

His Excellency asked, that given human fallibility, how many mistakes have been made in wrongful execution.

M. Pascal La Deunff, representative of the Embassy of France, also addressed the seminar, recalling that the death penalty had, in practice, been used to punish crimes but also to suppress dissent by minorities and the poor. He pointed to the significant contribution of Robert Badinter who as French Minister of Justice, promoted abolition of the death penalty in France in 1981 by affirming that the human passion to crime cannot be stopped by fear of the death penalty. While some of those condemned are entirely guilty, a system of justice without mistake is not possible. He recalled that the religious prohibition, ‘Thou shalt not kill’ found expression in Article 3 of the Universal Declaration of Human Rights signed in Paris in 1948, ‘Everyone has the right to life’. But the perspective is different.

The Buddhist perspective on the death penalty was presented by the Reverend Phra W. Wesinmethi from Wat Suan Dork, Chiangmai.

He recalled that the mission of Buddhism is to promote happiness and peace among human beings. The Buddha taught that every living thing has a right to life, that even thinking of harming a living being is a mistake. In Buddhist thinking the source of evil is in harmful thought. Harmful thought leads to bad speech, and thence to bad action. Crime cannot be prevented by fear of death, but may be stopped by shame. It is otherwise impossible to stop harmful thought leading to crime. Killing cannot be approved, execution as a legal process is no different from illegal crime. The rejection of killing by Buddhism is uncompromising.

Related to this absolute rejection of capital punishment on Buddhist principles is the belief that any prisoner can change and reform. The often repeated story of the conversion of the killer Angulimala, enshrines the Buddhist teaching; the most notorious killer is capable of reform.

Buddhist belief results in a practical programme of reform to avoid killing:

1. Develop the virtuous quotient of life, moral practice, fullness of mind, body and speech;
2. Develop the professional quotient, the ability to earn a living; poverty can lead to a return to crime
3. Develop the mental quotient, right thought, right speech, and right action
4. Develop the intelligence quotient; delusion and not nature is the cause of evil.

The way of compassion consists in offering these four ways to the wrongdoer.

In summary, Buddhism combines a total prohibition on killing, which implies a rejection of the death penalty, with a programme of enlightenment which will lead the wrongdoer to reform.

Mr. Withaya Wisethrat, Muslim Centre of Thailand

Islam is not just a religion but a way of life for humanity. The whole human family is descended from Adam. Muslims are those who follow the way of Islam as preached by Mohammad. Islam takes form from the interior of man, extends to the family, the nation, the world. For the Islamic way of life to flourish there is need of regulation and security in society. Sharia is the system of law which is derived from belief. Muslim acceptance of the death penalty is based on the revealed word of Allah as recorded in the Koran which cannot be cancelled. The death penalty is mandated for premeditated homicide, for the adultery of a married person, for abandoning religion, and for spying in time of war. However, the requirements of evidence are strict, there must be four witnesses. Lack of intention can allow release of the prisoner and depends on the wisdom of the judge. Capital punishment is required to ensure the security of society.

But Islam also allows the intervention of mercy, relatives of an innocent victim may pardon the killer if he is truly repentant, and accept restitution and alternative punishment.

But the death penalty is only one part of Muslim law and in Thailand Muslims form a minority. They follow the laws of the State and would not protest if the death penalty were abolished. In fact there are many faults in the administration of Thai justice; the poor and the innocent are often victims. In such a situation it were better that the death penalty be abolished. The same argument was used by Buddhist speakers in a demand that Law accord with morality.

Further reflection on the state of Thai legal practice were presented by Mr. Tanadech Kantachote who graduated in law while imprisoned in Bang Kwang prison. He related cases he had known of wrongful conviction. In one example, police were ordered to make an arrest in a case involving a bomb attack against a police station in Haadyai. They arrested an innocent man who had helped rescue victims of the attack - Mr. Tanadech explained that in the Thai legal system the protestation of innocence of a poor and near illiterate villager is worth little in face of police assertion of guilt. Apart from the police witness there was no other evidence, but the accused was found guilty in the first court. However, the accused had been accompanied at the time of the bombing by his nine year old daughter. The Court of Appeal dismissed the case in the absence of real evidence, by refusing to accept that a person carrying a bomb would have brought with him a nine year old daughter.

Condemned persons are permanently shackled and sleep 20 persons together in a room measuring approximately 3 metres by 4 metres. Those executed are the most unfortunate with little access to legal representation.

He pointed out that the argument favouring the death penalty as a preventive against repeating a crime ignores the fact that repetition of crime occurs in such minor crimes as small robberies, but very rarely in cases of serious crime.

In the current series, no seminar was conducted on the Christian attitude to the death penalty but it was appropriate to include consideration of such an aspect in this seminar devoted to comparison of religious aspects. The speaker was Ms. Sylvie Bukhari de Pontual

President of the International Federation of

Catholic Action for penalty (FIACT)

Ms. Sylvie related the long road followed by Christian believers to a present majority support for abolition. The Christian religion is unique in having a founder who was arrested, accused, tortured, condemned to death, and executed. By reaction, early Christians were for four centuries totally opposed to the death penalty. Finally, as Christians achieved acceptance in the State of Rome they accepted the death penalty in Roman legislation, recognizing the Old Testament approval of capital punishment. It was only in the 13^th century that the first voice was raised against capital punishment by a Christian sect, which recalled the words of Jesus Christ, ‘I do not want the death of a sinner…’. The outstanding theologian Thomas Aquinas favoured the death penalty for the protection of society. Rejection to the death penalty grew, and was voiced in the 17^th century by George Fox, founder of the Quaker movement, ‘Life is blessed by God’. In the 18^th century Caesare Baccaria published an influential work on the concept of punishment, where he stated that the certainty of punishment, not the death penalty, was an effective deterrent.

From that time, beginning with the Grand Duchy of Tuscany in 1786, states began to abolish the death penalty. Today, apart from some evangelical churches who take inspiration from the Old Testament, such as the Southern Baptists in the US, almost all Christians oppose the death penalty. The World Council of Churches and the Catholic Church have made the strongest declarations against Capital Punishment. The clearest statement was made by Cardinal Martino in a speech to the UN General Assembly in 1999, ‘The right to life is a right of a human being’. In Christian thinking moral education and good policing must support legal abolition of the death penalty.

The long history of the growth of Christian opposition to the death penalty illustrates the immense task involved in changing human perception and the need for great patience in its achievement.

Further accounts of Buddhist and Muslim perspectives were offered which will be included in the detailed publication of the contents of this seminar.

Another highlight of the seminar was the talk by M. Michel Forst on International Law relating to the death penalty and the recent vote on a Moratorium in the UNGA. His theme was that the death penalty is a breach of international human rights. He linked the increase in the number of countries choosing abolition, to the development of human rights in the 60 years since the Universal Declaration of Human Rights. 60 years ago eight countries had abolished the death penalty, while today 133 countries have done so.

There are two fundamental human rights involved, the right to life, and the right not to be subjected to cruel, inhuman or degrading punishment. The death penalty is a premeditated killing of a prisoner for the purpose of punishment. As such it is the ultimate denial of the dignity and worth of the human person. Such is the human rights case against the death penalty.

Michel Forst traced the development of human rights standards on the death penalty through a progressive restricting of the number of offences for which the penalty might be imposed. A definitive ruling is given in the International Covenant on Civil and Political Rights, ‘sentence of death may be imposed only for the most serious crimes’. Further clarification has narrowed this limitation to premeditated homicide. ‘Economic crimes and drug-related offences’ cannot be considered as being ‘most serious crimes’. It is significant that in the Statute of the Treaty of Rome the death penalty is not provided for what are arguably the most heinous crimes of all – genocide and other crimes against humanity.

Regarding the process of abolition, the speaker pointed out that the decision to abolish the death penalty has to be taken by the government and the legislators. This decision does not depend on a majority of the public being in favour of abolition. Nevertheless, statements from religious leaders and other respected public figures can create a moral climate in which legislators may dare to act without the support of majority opinion. The international dimension allows countries to learn from other countries experience.

The majority vote by the United Nations General Assembly on 18^th December of last year in favour of a worldwide moratorium on the death penalty carries considerable moral and political weight. It places an obligation on all member states to review their use of the death penalty and is an incentive to work towards abolition.

The final programme of the seminar was a discussion of the status of the movement to abolition in Thailand. It was agreed that the defective state of the Thai justice system is both a strong argument in favour of abolition, but also reason to doubt the effectiveness of life sentencing which would replace the death sentence. Both Buddhists and Muslims agreed on the need for a moral renewal in society as basis for a more just legal system.

It appears that there is massive support for the death penalty, in the belief that it is an effective deterrent of serious crime. Up to 84% of Bangkokians favour capital punishment and more than 80% of Buddhist monks. The foundations of the majority opinion appear to be an unfounded acceptance of capital punishment as an effective deterrent, a culture of authoritarianism, an expectation of vengeance, and little appreciation of mercy and forgiveness.

Steps towards abolition are the effort to limit the application of the death penalty; at present 47 different kinds of crime can incur capital punishment. Life imprisonment must be seen to be real and the problem of violence in society must be tackled. The religious aspect explored in the present seminars has an important role in helping change.

Stoning in Iran - 9 Adulterers to die

On 12th July UCL held a one day seminar with Muslim scholars and people in Bangkok on Muslim perspectives on the death penalty. The stringent requirements for four witnesses and a just process were emphasized as necessary elements in a Muslim system of justice. However, the practice in Iran today is very different. It is reported that 9 adulterers are due to be stoned at any time. The case is carried by several news agencies. The following is a report in the UK Telegraph.

"Shadi Sadr, a lawyer and women's rights activist, said the nine were convicted of adultery in separate cases in different Iranian cities.

"Their verdicts are approved, and they may be executed at any time," she said, adding that trial protocol was not applied properly in the cases.

Six of the nine were convicted based solely on judges' decisions with no witnesses or the presence of their lawyers during their confessions, she said.

Most of the nine come from areas of Iran that have low rates of literacy and some did not understand the cases against them, she said. One had pleaded guilty to adultery even though she did not know the meaning of the charge.

The nine are between 27 and 50 years old, among them a male music teacher who was convicted of adultery for having an affair with one of his students, the activists said.

"We are trying to stop the implementation of their verdicts. And secondly, we want to amend the country's penal law, in which death by stoning is prescribed," she said.

Under Iran's Islamic laws, adultery in the only capital offence punishable by stoning. Other capital offences in Iran include murder, rape, armed robbery, apostasy, blasphemy, drug trafficking, prostitution, treason and espionage.

The punishment is also applied in some other countries such as Saudi Arabia, United Arab Emirates, Sudan and Nigeria.

A man is usually buried up to his waist, while a woman is buried up to her neck. Those carrying out the verdict then throw stones until the condemned dies.

Stoning was widely imposed in the early years after Iran's 1979 Islamic revolution. But in recent years, it has seldom been applied, though the government rarely confirms when it carries out stoning sentences. The last stoning death confirmed by the government was in July last year."

Muslim Perspectives on the Death Penalty

On Saturday 12th July 30 participants gathered in a seminar held in the Foundation of Islamic Centre of Thailand to discuss Muslim Perspectives on the Death Penalty. The position of Thai Muslims can be summarised in the statement of a Thai Muslim lawyer:
"Muslims cannot abandon the death penalty"
While this may appear to be an uncompromising stand there were interesting aspects to the seminar. Pairoj Pholphet, secretary general of UCL remarked that the occasion was unique, it being most unusual for Thais to exchange beliefs. There were expressions which suggest approaches to further discussion on the issue.
"Islam belongs to everybody, not just to Muslims"
"Punishment is between humans, not between God and man"
" There is a traditional belief that if punishment is evaded in this life, then it will come in the next"
"On the value of a moral act: A prostitute who gives water to drink to a dog may thereby earn heaven"

To Moslems the imported legal systems of the west found in most countries are not their affair, although such laws must be obeyed. They look to the establishment of a sharia system of law. Capitalism is a religion with its own morality where consumption and exploitation of others are part of an accepted moral code.

Second Seminar on Buddhist Perspectives on Death Penalty

Mahachulalongkornrajavidyalaya University Ubon Ratchathani

On 7th July, UCL organized the second of a series of seminars on religious aspects of the death penalty. The seminar took place in Wat Mahasawatnakphutaram of Ubon Ratchathani. 80 monks from throughout the province attended the one day seminar.

The topic was novel to most of the monks. Some were strongly in favour of abolition, others believed that the death penalty was karma due to bad actions; a middle group believed that a reform of society on Buddhist principles would make the death penalty superfluous. But all welcomed the opportunity to hear new viewpoints and discuss various aspects.

In summary, these monks subscribe to a basic Buddhist ethic. Good comes to those who do good, evil to those who do evil. If people listen to the teaching of the Buddha and follow the five basic precepts all evil will be eliminated from society. If not, they deserve their fate, including the death penalty. Nevertheless, compassion for oneself and others must be the basis of individual behaviour. There are unresolved issues in renouncing responsibility for the actions of government and society.

A Thai Buddhist Perspective on the Death Penalty

On Monday 30th June the first of a series of seminars on religious perspectives on the death penalty was held in Wat Suan Dok, a campus of Mahachulalongkorn Buddhist University, Chiangmai. 34 monks participated and several civilians. There follows a summary of the discussions.

1. All speakers recognized that capital punishment contravened the basic Buddhist prohibition against killing, ‘even of a mosquito’ in the words of one speaker.

“The death penalty is a concept that humans have created”

“If we wish to promote Buddhism, and are Buddhists, we should abolish the death penalty to follow the Buddha.”

2. The punishment of criminal offences is considered the responsibility of civil authorities, and therefore ‘political’. As political matters were considered to be strictly outside the sphere of interest of Buddhist monks, the issue of the death penalty was avoided. One speaker recalled an old prohibition by which a monk could not walk in an area where executions were carried out but must detour to avoid any incursion into such a civic location. This attitude throws light on the apparent indifference of Thai monks to the death penalty which is so at variance with their beliefs. (There also appeared little sympathy among Thai monks for the ‘political’ involvement of their compatriots in Burma. A prominent Vietnamese monk remarked to me once his incomprehension of the lack of involvement of Thai monks in social issues. The interest of the speakers at the seminar in the death penalty may be a relic of a now forgotten militancy of monks in the northern region)
3. However, Buddhism places a high value on repentance and reform of life. Pivotal to this attitude is the lesson conveyed in the story of Angulimala, the criminal who had killed 999 people before attempting to kill his own mother and the Buddha. Under the influence of the Buddha, Angulimala repented, changed his life and entered the monkhood. The peaceful outcome of the story is heightened by contrasting the reform of the robber murderer due to the Buddha’s teaching in contrast to the failed attempt of the king and his soldiers to eliminate him by force.
4. Buddhism does not see the death penalty as an isolated issue but rather as a failure to resolve problems in the whole of society. If peace and harmony were established in society, capital crimes would no longer be committed, and the death penalty would no longer be an issue. Abolition of the death penalty must be accompanied by a vast effort to reform society.
5. The monks were very conscious of the immense deficiencies in the Thai legal system, such as in the absence of an investigation into the deaths of human rights defenders (including a famous Chiang Mai activist monk), wrongful convictions, execution of innocent people.
6. Religion aims to promote a society where people can grow, be good, ‘making people live, not die'.

Abolition in Pakistan

In a remarkable move, Pakistani Prime Minister Yousuf Raza Gilani is calling for commutation of the death penalty to a life sentence for the 7000 prisoners condemned to death. The cancellation of the death sentences is proclaimed to be a tribute to Benazir Bhutto who died in a bombing and shooting attack last December. The move vindicates, in fitting fashion, her vision of Islam in the modern world, setting 'a standard of peace, prosperity, equality, and reconciliation'.

Drug crimes not subject to death penalty

The above photograph was taken recently at the entrance to a toilet in a Bangkok petrol station. It warns that drugs entail the death penalty and originates from legislation on the control of drugs.

We submit the following comments:
As contained in the UN Economic and Social Council resolution of 1984/50 of 25 May 1984

• "the deprivation of life by the authorities of the State is a matter of the utmost gravity" par 51.

• "To determine whether a particular offence falls among the most serious crimes,..., requires interpretation and application of the relevant international law rather than of the subjective approach opted for within a given State's criminal code and sentencing scheme" par 44.
• "With respect to particular offenses, the Commission on Human Rights and the Human Rights Committee have determined that a wide range of specific offences fall outside the scope of the "most serious crimes" for which the death penalty may be imposed. These include: ...., drug related offences, ..." par 51
• "the Committee and the Commission have rejected nearly every imaginable category of offence other than murder as falling outside the ambit of the most setious crimes" par 52
• "the death penalty can only be imposed in cases where it can be shown that there was an intention to kill which resulted in the loss of life" Summary 3

These rulings were recalled to the 29 member Thai delegation submitting a report on its obligations under the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS during the 84th Session of Human Rights Committee, in Geneva in July 2005

In the United Nations General Assemly of December 2007 a majority vote recommended a Moratorium on the Death Penalty in all member countries. Thailand voted with the minority against the Moratorium.

Muslim Perspective on Death Penalty

On 12th July, UCL will hold a seminar in Bangkok on Thai Muslim perspectives on the death penalty. In May 2008 members of Arab civil society met in Alexandria to debate the UN proposed Moratorium on the Death Penalty, accepted by majority vote in the UN General Assembly in December 2007. The meeting resulted in the following highly significant declaration:

Alexandria Declaration

Calling upon the Arab Countries to Implement the UN Resolution 62/149 on the Establishment of a Moratorium on the Death Penalty

1. We, the representatives of the Arab civil society and the Arab coalitions challenging the death penalty, have met in Alexandria, the Arab Republic of Egypt, from 12 to 14 May 2008 at the kind invitation of the Swedish Institute in Alexandria and in partnership with Penal Reform International [PRI], in corporation with Amman Centre for Human Rights Studies [ACHRS] and MAAT Centre for Lawyers and Constitutional Studies, with the participation of representatives from the Cairo EC delegation, the UN Office of the High Commissioner for Human Rights, the Arab League and Amnesty International, for discussion and consultation on the implementation of the United Nations Recommendation 62/149 of 23 December 2007 concerning the establishment of a moratorium on the use of the death penalty;

2. Convinced that the death penalty is a violation of the most fundamental human right, i.e. the right to life; and that it did not succeed in any country in deterring criminality or in preventing it;

3. Believe that the death penalty amounts to torture and is a cruel, inhuman and degrading treatment. It contravenes the principle that consecrates the sanctity of human life. Life is God given and he alone could take it back.

4. Note with regret that the Arab judicial systems are abusively using the death penalty at the time most countries are abandoning it.

5. Recall that the tolerant Islamic Sharia’a has prescribed the death penalty as a deterrent, but sought to restrict the scope of its application to a very limited number of cases and by imposing strict conditions related to the infallibility of the witnesses, the absolute fairness of the judges and even then left room for possible forgiveness and reconciliation. In practice, this amounts to an effective establishment of a moratorium on the death penalty in Islam.

6. Underline that such a penalty is being used in Arab positive laws extensively going far more than what the Sharia’a sought to impose.

7. Note with concern that the Arab legislations prescribing death penalty are ambiguous and leave room for wide interpretation in the categorization of acts punishable by death, such as organized crime, terrorism, treat to state security and other crimes of political nature.

8. Remind that most of the legal and judicial systems in the Arab World are undergoing reforms, implicitly acknowledging some of their intrinsic disfunctionality. Such an imperfect justice system should not be empowered to apply death penalty.

9. Considering that the Arab world is part of the international community and since Arab countries have participated in the discussion and adoption of the United Nations resolution 62/149, we call upon all Arab States to respect the said resolution and establish a moratorium on the death penalty.

10. Request the Arab governments, each according to its own circumstances, to fully comply with the United Nations resolution 62/149 by:

• “(a) Respect[ing] international standards that provide safeguards guaranteeing the protection of the rights of those facing the death penalty, in particular the minimum standards, as set out in the annex to Economic and Social Council resolution 1984/50 of 25 May 1984;
• (b) Provide[ing] the Secretary-General with information relating to the use of capital punishment and the observance of the safeguards guaranteeing the protection of the rights of those facing the death penalty;
• (c) Progressively restrict[ing] the use of the death penalty and reduce[ing] the number of offences for which it may be imposed;
• (d) Establish[ing] a moratorium on executions with a view to abolishing the death penalty”.

11. Appeal to the Arab judges to comply, in the exercise of their profession, with the international standards of fair trial, to refrain from the use of the death penalty and to use alternative punishments instead.

12. Urge the member states of the Arab League to consider amending article 7 of the Arab Charter on Human Rights in order to eliminate any possibility of applying the death penalty to the under 18 of age.

13. Furthermore, appeal to the Arab states which have observed a de facto moratorium to remove this punishment from their legislation in order to prevent its circumstantial use.

14. Also appeal to the Arab journalists and human rights activists to fully play their role in the awareness raising and combat bad customs and practices such as revenge, violence in all its forms, and the dissemination of human rights culture, particularly the right to life.

15. Emphasize the need for the civil society to continue intensifying its activities to convince the public that narrowing and eventually abolishing the death penalty serves the ambition of the Arab masses in fulfilling their aspiration to justice and human rights.

Alexandria, 14 May 2008

With the objective of enlisting religious leaders in the movement for abolition of the death penalty in Thailand, UCL, with the cooperation of the National Human Rights Commission, is organizing a set of seminars throughout the country. The seminars are sponsored by the European Union Commission, the Embassy of the Netherlands, and the Embassy of France.

Time Table of Seminars: June – July

Seminar 1 Buddhism and the Death Penalty

Date: Postponed

Location: Central Thailand

Seminar 2 Buddhism and the Death Penalty

Date: 30^th June 2008

Location: Mahachulalonghorn University

(Wat Suan Dok)

Chiangmai

Seminar 3 Buddhism and the Death Penalty

Date: 7th July 2008

Location: MahachulalonghornUniversity

(Wat Mahawanaram)

Ubon

Seminar 4 Islam and the Death Penalty

Date: 12^th July 2008

Location: Islamic Centre of Thailand, Bangkok

Seminar 5 Religion and the Death Penalty

Date: 15^th July 2008

Location: Office of National Human Rights Commission

Bangkok