Sad statistics of a country which still hands down death sentences 1

Department of Corrections 1May 2013 

สถิตินักโทษประหารชีวิตทุกคดีความผิด - all crimes

เพศ Gender	อุทธรณ์  Under appeal	ฎีกา Supreme court	เด็ดขาด Legal process complete	รวม Total
ชาย male	380	195	63	638
หญิง female	56	8	4	68
รวม combined	436	203	67	706

ตารางที่ 2

สถิตินักโทษประหารชีวิตคดียาเสพติดให้โทษ - drug related crimes

เพศ	อุทธรณ์	ฎีกา	เด็ดขาด	รวม
ชาย	180	62	18	260
หญิง	44	6	4	54
รวม	224	68	22	314

ตารางที่ 3

สถิตินักโทษประหารชีวิตคดีความผิดอื่นๆ - Other crimes

เพศ	อุทธรณ์	ฎีกา	เด็ดขาด	รวม
ชาย	200	133	45	378
หญิง	12	2	0	14
รวม	212	135	45	392

Addendum to Killings in Taiwan

Since above Review Meeting there have been two unacceptable developments. The first is a resumption of executions. On 19^th April 2013 six condemned men were executed, with the same unjust procedures so strongly condemned in the Review exercise. What was the point of the Review exercise, if its strongest recommendations are ignored? Not only were the executions carried out, but reasoning to justify the executions to which the experts strongly protested, was brashly repeated. Nor does it appear that any account was taken of suggestions by the experts to allow legal and humane procedures to modify the undue haste and secretiveness of the executions.

A second act of provocative disdain for the Review, is a continuation of the eviction and displacement of unfortunate families, especially in the Huagang community, without the provision of alternative housing. It was already of grave concern that the land involved was the property of the Ministry of Justice, which hosted the Review process. The continuation of the expulsions against the explicit recommendations of the Experts renders null the whole Review exercise.

In the face of such provocative disdain for the review exercise it is pointless to continue any prolongation or follow-up of the review process.   

Killings in Taiwan

The move to execute six death row inmates, Friday 19th April 2013,

was necessary and taken based on the law, says Taiwan's vice justice minister, Chen Shou-huan.
The six convicts were given the death sentence because they "tortured and killed women and children," Chen said at a press conference following the executions that were carried out in four cities — Taipei, Taichung, Tainan and Kaohsiung. "The ways they committed crimes were too brutal to show any sign of humanity and mercy," he said.
Chen noted that the six convicted murderers had all been sentenced to death in trials at a district court, the high court and the Supreme Court. Moreover, before deciding to carry out the sentences, his ministry had confirmed that there was nothing that would suggest the sentence should not be carried out on the individuals, he said.

"There was nothing that would suggest the sentence should not be carried out". The Minister has a short memory. The Government of Taiwan invited a team of 10 independent experts from 10 different countries to review Taiwan's compliance with the International Bill of Human Rights which was solemnly ratified by Taiwan in 2009. The experts met in Taipei, welcomed in person by the President of Taiwan. Over three days (25 - 27 February 2013) they heard the reports of government and closely questioned its representatives. On 1st March 2013 they issued concluding observations and recommendations. In the issues they raised, the strongest recommendation was that the Government of Taiwan intensify its efforts towards abolition of capital punishment and. as a first and decisive step, immediately introduce a moratorium on executions in accordance with resolutions of the UN General Assembly.
But regardless of his memory, the Minister also displayed his total absence of understanding of the right to life, the most basic of all human rights. In conversation with representatives of the International Federation of Human Rights in Novermber of 2012, the same minister asserted the right of Taiwan to carry out the death penalty. Oblivious of the inapplicability of the ancient tribal origin of its source, the Minister quoted "an eye for an eye, a tooth for a tooth' to justify Taiwan's death penalty policy. He was then, and is today, completely unaware that this principle is in total contradiction to an understanding of justice in a modern democratic state, and of the priority of human rights among the family of nations.
"No man is an island ..... any man's death diminishes me, because I am involved in Mankind"
John Donne 1572 - 1631
Is Taiwan serious in its wish to participate in the worldwide advance of human rights, or was the exercise of February 25 -27, a meaningless showpiece?

Rehabilitation for Prisoners under Sentence of Death

On Tuesday last, 2nd April, Sutawan Chanprasert, a Thai student in the Master of Arts Program in International Development Studies (MAIDS), Faculty of Political Studies, Chulalongkorn University, successfully defended a thesis on Rehabilitation for Prisoners under Sentence of Death in a Human Rights Perspective: A Case Study of Bang Kwang Central Prison.
The title of her thesis is an oxymoron, surely rehabilitation and sentence of death are incompatible! Nevertheless, there is a unique conjunction of a Thai condition and a window of opportunity which made her research possible. Thailand persists in handing down the death penalty; there are currently 687 prisoners condemned to death, 618 men, mostly detained in Bang Kwang prison, and 69 women. The research of Sutawan relates to the male prisoners held in Bang Kwang. The window of opportunity, of which she ingeniously availed, was the possibility of interviewing 10 of these prisoners, 5 prison authorities, 3 former prisoners, and one informed external person. The recently imposed "White Prison" policy which consists of a strict isolation of prisoners would surely hinder such interviews. The resolution of the apparent anomaly whereby rehabilitation could, and should, coexist with a death sentence lies in the fact that while prisoners are sentenced to death at a rate higher than one per week, very few are actually executed. Six have been executed in the last ten years. Eventually the large majority of prisoners benefit from a royal commutation of sentence to life imprisonment, and subsequent reductions in sentence which result in eventual release.
Prisoners remain under sentence of death for up to ten years until all legal procedures are completed. Such prisoners have been excluded from rehabilitation programmes. They live their lives in a no man's land of inactivity and are the subject of the thesis.
It is a innovative and unique investigation, with immense implications for the human rights of prisoners, and the very persistence of capital punishment. This website will report details of the thesis when the final formalities of thesis revision are completed and the 24 year old Sutawan graduates. Meanwhile, deathpenaltythailand hails her achievement.  

Death penalty and abortion, an unfortunate conjunction

While the election of an Argentinian, Jorge Mario Bergoglio, to the Papacy is a favourable development in the Catholic Church, there are worrying implications relating to the death penalty. In recent years the Catholic Church has taken a strong, if not total stand, in opposition to the death penalty. However the new Prelate, has insisted on linking the opposition to the death penalty with abortion:

He once called abortion a “death sentence” for unborn children, during a 2007 speech and likening opposition to abortion to opposition to the death penalty.

In an October 2, 2007 speech Bergoglio said that “we aren’t in agreement with the death penalty,” but “in Argentina we have the death penalty. A child conceived by the rape of a mentally ill or retarded woman can be condemned to death.”

The death penalty is not comparable with abortion. The death penalty is the judicial killing by the state of a person condemned to death for a variety of charges, including those relating to narcotics, deemed by international law to be unjustifiable. Abortion is an interruption of pregnancy, at the request of a woman, who, for significant reason, claims propriety over her own body. Who can deny her, least of all a celibate clergy, who quote divine injunction not accessible to ordinary human beings, and who have had significant failure in moderating their own sexual urges.

Those who are active in working for abolition of the death penalty appear to have lost an ally.  

Death Penalty Thailand Statistics

Statistics of persons condemned to death in Thailand: 21^st March 2013

1. All cases

Gender	Appeal court	Supreme court	Legal Process Complete	Total
Male	383	191	44	618
Female	56	9	4	69
Total	439	200	48	687

 

 2. Drug related cases

Gender	Appeal court	Supreme court	Legal Process Complete	Total
Male	177	69	12	258
Female	44	7	4	55
Total	221	76	16	313

3. Homicide related cases

Gender	Appeal court	Supreme court	Legal Process Complete	Total
Male	206	122	32	360
Female	12	2	0	14
Total	218	124	32	374

 

 

End of Shackling for Prisoners Condemned to Death

 On Wednesday last, news began to trickle from Bang Kwang prison of the momentous end to the practice of permanently shackling all the approximately 590 male prisoners condemned to death. The first to convey the news were two Bang Kwang prisoners not in communication with each other. Later the news was confirmed by officials in the Department of Corrections, and in the Ministry of Justice. It is reported that the order to remove the shackles was given by the Director General of the Department, Pol. Col. Suchart Wongananchai.
Shackles were welded on the ankles of prisoners on the day they were first sentenced by the court of first instance, despite the fact that they must still be considered innocent until Appeal and Supreme Courts confirmed their sentence. The shackles were removed after their execution, or on commutation of their sentences, passing of a lesser sentence by the higher courts, or annulment of the original sentence.
The use of such shackles was cruel and inhumane, preventing prisoners from exercising and being an obstacle to personal hygiene. Abrasions caused by the shackles became easily infected and were a serious threat to health.
In 2005 the UN Human Rights Commission had strongly protested the use of such shackles, but no action was taken to stop the practice. Although Bang Kwang prison is a high security detention centre, it was claimed that shackles were necessary to prevent escape and restrain dangerous criminals.
Death Penalty Thailand welcomes this belated humane act. We hope that the death penalty itself will soon be abolished in affirmation of the right to life, the basis of all other human rights

Death Penalty - Facts from Figures

Prisoners Sentenced to Death in Thailand: December 2012

   (Figures for June 2012 shown in brackets)

All Cases

Gender	Appeal Court	Supreme Court	Convicted	Total
Male	350 (328)	214 (274)	27 (52)	591 (634)
Female	58 (55)	9 (11)	0 (6)	67 (72)
Total	408 (383)	223 (285)	27 (58)	658 (726)

Narcotics

Gender	Appeal Court	Supreme Court	Convicted	Total
Male	183 (156)	78 (89)	8 (31)	269 (276)
Female	48 (45)	8 (10)	0 (6)	56 (61)
Total	231 (201)	86 (99)	8 (37)	325 (337)

Homicide

Gender	Appeal Court	Supreme Court	Convicted	Total
Male	167 (172)	136 (185)	19 (21)	322 (378)
Female	10 (10)	1 (1)	0 (0)	11 (11)
Total	177 (182)	137 (186)	19 (21)	333 (389)

Comments: The differences for the statistics for June and December reveal the important impact of the Royal Pardon granted on 11^th August, on occasion of the birthdays of Her Majesty the Queen, and the Crown Prince. As shown in the top “All Cases” category, in June, there were 58 prisoners for whom all legal process was completed. Following the pardon this number was reduced to zero. I confirmed this with a prison warder who assured me, referring to the number of prisoners facing possible execution, that there were no prisoners on death row, although it took almost three months to complete the formality of moving them to non-death penalty quarters, and removing the shackles, compulsory for death row prisoners. The number of female prisoners changed from 6 to 0 in August. There are no further completed convictions of women so that the figure remains 0 in December.

However, the number of convicted prisoners is now 27; these are cases where the death penalty has been confirmed by the Supreme Court, the only avenue by which these cases could have reached completion. At least some of these cases are due to convictions in the Southern Border Provinces, the source of most death sentences at present. The validity of death sentences coming from areas under martial law deserve investigation.

A further interesting observation may be made on the number of cases reaching the Appeal Court. These are cases which result from death sentences in the Courts of First Instance. Here we notice an increase of  408 – 383 = 25 over the June figure, which indicates a minimum number of new death sentences. It is a minimum because an unknown number of the cases before the Appeal Court may already have been removed due to dismissal or confirmation by that Court, removing them from the category of cases before the Appeal Court. Thus we know of at least 25 new death sentences over a six month period, which indicates an annual rate of death sentences of 50. UCL and other Thai human rights organizations have been reporting figures in this range over recent years. We obtained the data from the Department of Corrections, which does not itself publish this statistic. However, major databases of worldwide death penalty figures based in the UK and US have been quoting single digit figures for the annual rate of death sentences in Thailand, probably basing their data on sentences reported only in the English language press. Commentators have used the single digit figures to comment favourably on the decline in use of the death penalty in Thai justice. Sad to say, the death penalty is still being applied at an average rate of one per week. Pressure on prison accommodation is probably a factor in the attempts of some politicians and government officials to accelerate executions. For the moment they may be restrained by appearing to counter the Royal intention shown in the recent pardon. But for how long? It is encouraging that despite the statements of the promoters of the death penalty that those convicted on drug charges would not be pardoned, they have indeed been pardoned.