Skip to main content

Asian countries putting thousands to death after unfair trials - new report

A hard-line group of Asian countries are defying the global trend against the death penalty and putting to death thousands of people after unfair trials every year, Amnesty International and colleagues in the Anti-Death Penalty Asia Network (ADPAN) said today in a new report.

Some 14 Asian countries, taken together, execute more people than the rest of the world combined. Worryingly Thailand and Taiwan have both resumed use of the death penalty after a period of cessation.

The report, When justice fails: thousands executed in Asia after unfair trials, highlights the struggle to secure a fair trial in eight of these countries. The report calls for action for eight people facing execution in China, India, Indonesia, Japan, Malaysia, Singapore, Taiwan and Pakistan. In each case, a death sentence was delivered after an unfair trial and in six of the cases the conviction relied on a confession extracted through torture.

Catherine Baber, Amnesty International’s Deputy Director for Asia-Pacific, said:

"The flawed justice systems in many of these countries, creates a situation where people are executed after blatantly unfair trials where they have had little or no access to legal advice and may even have been convicted after being tortured into confessing."

Over 1/2 of all Asian countries have officially abolished the death penalty, or have in practice not carried out executions in the last 10 years.

Yet Taiwan restarted executions in 2010 after a 4-year break, despite declaring a policy of gradual abolition in 2000. Thailand resumed executions in 2009, despite committing to abolishing the death penalty in its human rights action plan.

Chiou Ho-shun is Taiwan’s longest-detained criminal defendant in its longest-running criminal case. Sentenced to death for murder in 1989, he has been detained for more than 23 years. His case was described by lawyers as “a stain on our country’s legal history”.

Chiou’s case has been re-tried 11 times. He claims he was tortured into making a false confession.

Taiwan’s High Court recognised that violence was used against Chiou, but excluded from evidence sections of his interrogation tapes where the abuse could be heard.

He lost his final appeal to the Supreme Court in August 2011 and could be executed at any time.

In January 2011, Taiwan’s Ministry of Justice admitted that a previous prisoner, sentenced to death, Chiang Kuo-ching, a private in the Air Force, had been executed in error in 1997 for a murder he did not commit. The authorities acknowledged that a statement “confessing” to the crime had been made as a result of torture.

Hsinyi Lin, Executive Director the Taiwan Alliance to End the Death Penalty, said:

“Only abolition of the death penalty can guarantee that no innocent person is executed. Government apologies for execution ‘in error’ can never be enough.”

Forced confessions are regularly relied upon as evidence during trials in Afghanistan, China, Japan, India and Indonesia despite laws against the practice.

In India, Devender Pal Singh, currently on death row, claimed to the Supreme Court that his interrogators threatened to kill him and “manhandled” him to “sign several blank papers”.

Prisoners facing the death penalty in Asia often have little or no access to lawyers, either before or during trial.

Japan’s daiyo kangoku system allows the police to detain and interrogate suspects without a lawyer for up to 23 days, on the assumption that a lawyer’s presence would make it hard to ‘persuade the suspect to tell the truth’.

Maiko Tagusari, Secretary-General of the Center for Prisoners' Rights Japan, said:

“That a person can be sentenced to death when there is virtually no evidence against them beyond a ‘confession’ is the ultimate indictment of a society’s justice system.”

Hakamada Iwao is believed to be the world's longest-serving death row inmate who has spent the last 43 years awaiting execution in Japan. He was convicted after an unfair trial. In Japan no notice is given prior to the execution day, and so he faces the mental torment of never knowing if each day could be his last. Hakamada Iwao is one of Amnesty's ten priority cases for this year's letter campaign; Write for Rights. Hakamada, a former boxer, was sentenced to death in 1968. During his trial, judges raised concerns that confessions provided by the prosecution were not signed voluntarily. Of 45 documents, only one was declared admissible. He was convicted and sentenced to death. He has been kept in isolation for over 30 years.

Chinese authorities can make it difficult for lawyers to meet with clients or access case files, and lawyers have been charged for introducing evidence that “challenges the prosecution’s case”.

Under international law, the death penalty can only be imposed for intentional crimes with lethal consequences, and mandatory death sentences are prohibited. Yet some Asian countries impose the death penalty for non-lethal crimes, including drug trafficking and theft. Malaysia, Pakistan, Singapore, and North Korea are among Asian countries imposing a mandatory death penalty for possession of a certain quantity of drugs.

There are at least 55 capital offences in China, 28 in Pakistan, and 57 in Taiwan.

The Anti-Death Penalty Asia Network (ADPAN) launched in 2006. ADPAN is an independent cross-regional network that campaigns for an end to the death penalty across the Asia-Pacific Region. ADPAN is independent of governments and any political or religious affiliation. Members include lawyers, NGOs, civil society groups, human rights defenders and activists from 23 countries.

Source: Amnesty International UK, December 6, 2011

Comments

Most viewed (Last 7 days)

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

US | Conservative federal judge says death penalty for child sex crimes may be legal

June 24 (Reuters) - A conservative federal judge on Wednesday took the position that despite a 2008 U.S. Supreme Court ruling barring the death penalty for child rape, prosecutors today may be free to seek capital punishment in cases involving sexual offenses against children. St. Louis-based U.S. District Judge Joshua ​Divine, who was appointed to the bench only last year by Republican President Donald Trump, delivered his views in an unusual ‌court opinion issued on the same day he was set to sentence a Missouri man who faced a maximum prison term of 20 years.

Might Ohio use electric chair again?

Electric chair at Southern Ohio Correctional Facility The difficulty of obtaining drugs for executions has some Ohio legislators talking about alternatives, including the electric chair. "There are other options," said Rep. Jim Buchy, R-Greenville, a co-sponsor of legislation to keep the supplier of execution drugs secret. "Rope is cheap," said state Sen. Bill Seitz, R-Cincinnati. No one is seriously suggesting - at least not yet - taking "Old Sparky," Ohio's electric chair, out of retirement, or returning to hanging, which the state abandoned in 1897. But Ohio's problem with lethal-injection drugs is coming to a head: The scheduled Feb. 15 execution of Ronald Phillips is 90 days away. Legislators are rushing to pass House Bill 663 before the lame-duck legislative session ends on Dec. 31 so that the Ohio Department of Rehabilitation and Correction can obtain drugs it needs at least a month before the execution. The legisla...

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Reports suggest Iran executed LGBT singer Mohsen Lorestani 6 December

“Mohsen Lorestani, a Kurdish singer from Kermanshah, was charged with ‘corruption on earth’ in a public complaint. His lawyer told Kurdistan Human Rights Network, ‘The alleged incidents happened in a private chat.’ If convicted, this charge could result in death sentence.” The Tehran court alleged that the singer posted ‘immoral’ content which seems to indicate flirting.  Iranian law appears to allow the execution of allegedly gay men despite no evidence of actual sexual activity. Indeed, the Iranian Foreign Minister defended the executions of gays and lesbians earlier this year. “Our society has moral principles and we live according to these principles.” Posts from Kurdish social media accounts suggest that Iran executed singer Mohsen Lorestani on 6 December. Although authorities detained the singer in March, news of his arrest only surfaced in October . He appeared in court before the notorious hanging judge Mohammad Moqisseh, infamous for his role in ...

Indiana’s new prison already equipped for firing squads

Correction officials confirmed Westville can accommodate firing squad executions as lawmakers, the governor, and the U.S. Justice Department push for changes to protocols. As Indiana inches toward what could be its fourth state execution since resuming capital punishment, prison officials confirmed the state’s next correctional complex is already equipped for an execution method Hoosier lawmakers have yet to authorize. The Indiana Department of Correction confirmed to the Indiana Capital Chronicle that the new Westville Correctional Facility, now nearing completion, is designed to accommodate both lethal injection and firing squad executions. Indiana law currently allows only lethal injection.

ISIS releases images showing another 'gay man' being thrown off roof and stoned to death in Syria

Man thrown off roof and stoned to  death for being gay in Syria. Islamic State (ISIS) has released images appearing to show another man being thrown off a roof and stoned to death for being gay in Syria. Last month ISIS released extremely graphic images of the execution of two men for being gay in Mosul, Iraq, and earlier this month posted video of an similar incident in Tal Abyad, Syria . The group has now posted images of another execution in Raqqah, Syria. In the images, a man is thrown off a roof blindfolded, with his hands and feet bound. A large crowd gathered below the area to pelt his body with rocks. According to the Mail, the man had been accused of committing ‘acts of Sodomy’, and was referred to as a ‘Child of Lot’. Most of the images are too graphic to display on PinkNews, showing the man’s body amid a mound of rubble. In addition to men in the crowd, women in niqabs can be seen watching the execution in some of the unpublished pictures...

Japan | End solitary confinement and video surveillance of death row prisoners

Paris, Tokyo - 22 August 2022 — The International Federation for Human Rights (FIDH) and the Center for Prisoners’ Rights (CPR) denounce the use of solitary confinement and intrusive video surveillance of death row prisoners in Japan. Such measures amount to serious human rights violations and are grossly inconsistent with Japan’s obligations under international law. According to the latest available official figures, at the end of 2021 there were 107 prisoners (99 men and eight women) under death sentence in Japan. Almost half of them (47 men and two women) were in Tokyo Detention House. CPR research found that prisoners under death sentence in Tokyo Detention House are held in solitary confinement in 5.4-square-meter cells that are monitored 24 hours a day by closed-circuit TV (CCTV) cameras placed on the ceiling. There are no obstacles in front of the cameras, so everything is videotaped, including prisoners removing their clothes and underwear, as well as their use of toilets. Acco...