New Zealand has joined Australia, France, Germany, Italy and the United Kingdom in expressing “deep concern” about an Israeli bill expanding the death penalty for Palestinians.

Foreign Affairs Minister Winston Peters posted on social media last night, indicating New Zealand had joined the other nations, and emphasising the country’s opposition “for decades” to the death penalty “in all circumstances”.

It comes as the Green Party tried yesterday to move a motion in Parliament on the issue, but failed to get the support of all parties.

• READ MORE: Israel passes extreme death penalty law targeting only Palestinians
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• Other Palestine genocide reports

The ACT party told RNZ it did not support the motion being put without notice, and noted the Minister of Foreign Affairs was responsible for expressing New Zealand’s position on international issues.

Earlier this week, the Israeli Parliament finalised a controversial bill that would effectively expand the death penalty for Palestinians convicted of terrorism and nationalistic murders.

The bill stipulated that residents in the West Bank who killed an Israeli “with the intent to negate the existence of the State of Israel” would be sentenced to death.

The Foreign Ministers of Australia, France, Germany, Italy and the United Kingdom released a joint statement expressing their “deep concern” about the bill, saying it would “significantly expand the possibilities to impose the death penalty in Israel”.

‘Discriminatory character’
“We are particularly worried about the de facto discriminatory character of the bill. The adoption of this bill would risk undermining Israel’s commitments with regards to democratic principles.

“The death penalty is an inhumane and degrading form of punishment without any deterring effect. This is why we oppose the death penalty, whatever the circumstances around the world. The rejection of the death penalty is a fundamental value that unites us.”

The statement also urged the Israeli decision makers to “abandon these plans”.

The Green Party wanted to highlight the issue in Parliament, and sought support from across the House to move a motion without notice.

Co-leader Chlöe Swarbrick told reporters yesterday afternoon convention stipulated motions without notice needed prior agreement from all parties.

“This stops spurious motions going up and clogging the time of our Parliament.”

The motion read that the “New Zealand House of Representatives expresses deep concern about Israel’s new legislation which extends the use of the death penalty against Palestinians living under unlawful occupation; shares the concerns of Australia, the United Kingdom, France, Germany, and Italy about the “de facto discriminatory character’ of the legislation; and calls on the Israeli Government to reverse this legislation”.

Labour, Te Pati Māori supported motion
Opposition Labour and Te Pāti Māori parties both told RNZ they supported the motion.

Labour leader Chris Hipkins said his party would firmly support a motion in the House to condemn Israel’s use of the death penalty against Palestianians.

“It clearly discriminates against Palestinians — a point underscored by the fact that the law does not apply to Israeli extremists who commit similar crimes. There are major issues with the process including that it removes the right to an appeal. By condemning Israel, we would stand alongside the United Nations, EU and the UK.”

Te Pāti Māori told RNZ it supported the motion, and queried why other parties had not.

“This law further embeds discrimination into Israel’s justice system by allowing Palestinians to be sentenced to death while others are not subject to the same punishment for similar acts,” a spokesperson for the party said.

“It sits within the context of the ongoing genocide against the Palestinian people, and the backdrop of Israel and the United States’ illegal invasion of Iran and Lebanon.”

National and New Zealand First did not respond to queries but the ACT party told RNZ it did not support the motion being put without notice.

‘Symbolic motions’
A spokesperson for the party said it noted the Minister of Foreign Affairs was responsible for expressing New Zealand’s position on international issues, and “ACT supports that approach over symbolic motions in the House”.

“If the House passed a motion every time a country passed a law of concern, we would spend more time talking about other countries’ legislation than our own.

“All MPs have the right to put a motion on notice under Standing Orders.”

In response, Swarbrick said it was “deeply disappointing” and acknowledged the point was “symbolism”.

“I can point to many different examples when the ACT Party, for example, has put forward very similar motions, evidently for the very purpose of that same symbolism, which in turn means something on the international stage.

“It felt particularly pertinent for our country to take a stand against the perpetuation of abuse of human rights with the Israeli Parliament passing the ability to effectively murder, to slaughter Palestinian hostages and prisoners.”

She said a motion on notice did not have the status of being read out in Parliament and having the backing of every single parliamentary party.

This article is republished under a community partnership agreement with RNZ.

Israel’s Parliament has approved a one-sided death penalty measure to execute Palestinians.

It is one of the most extreme laws in the nation’s history, and will exacerbate the far-right government’s illegal system of apartheid.

Some members of the Knesset, including ultranationalist National Security Minister Itamar Ben-Gvir, were seen wearing noose pins in the Knesset yesterday, and celebrating with champagne on live TV after the bill passed.

• READ MORE: ‘Dangerous escalation’: World reacts to Israel passing death penalty law
• Other Palestine genocide reports

Ben-Gvir said hanging is “one of the options,” as is execution by the electric chair or euthanasia.

The law was passed with 62 votes to 48 in its final reading.

The bill drew international condemnation ahead of its passage, including from the European Union, UN Special Rapporteur Francesca Albanese, and Amnesty International. Human rights groups have vowed to challenge the bill in Israel’s Supreme Court.

The legislation, which has garnered broad public support in Israel, authorises executions for “terrorists” who kill “with the intent to deny the existence of the State of Israel,” according to Haaretz — effectively ensuring it won’t apply to any of the settlers who routinely murder Palestinians.

‘Confessions’ by torture
In military courts in the occupied West Bank, execution by hanging will now be the default punishment for terrorism. Only Palestinians are tried in these courts, and 96 percent of people are convicted, though cases are largely built on “confessions” extracted through torture.

The International Centre of Justice for Palestinians condemned the bill yesterday ahead of the vote as an “extreme escalation in Israel’s genocidal policies against Palestinians”.

“The progression of the legislation marks not just a profoundly unjust and illegal act of discrimination under international law, but a far more sinister escalation of Israel’s apartheid legal systems,” the center wrote.

Israeli Knesset death penalty for Palestinians.       Video: Al Jazeera

Israel is currently imprisoning about 9500 Palestinians, according to the human rights group B’Tselem, and about half of them are held under administrative detention.

According to the group, the Israel Prison Service has already started to prepare designated execution facilities.

B’Tselem on Sunday called the bill “another official killing mechanism” that will further normalise the slaughter of Palestinians, as Israel continues its genocide in Gaza and intensifies attacks in the occupied West Bank.

Human rights violation
“The death penalty is a total violation of the most basic human rights, primarily, the right to life,” B’Tselem wrote.

“Israel enforces a comprehensive policy of killing and oppression against the Palestinian people in all the territories it controls. The Death Penalty Law gives Israel’s apartheid regime yet another tool for advancing that policy.”

On top of Monday’s bill, the Knesset is also considering another death penalty measure to impose on alleged October 7, 2023, attackers.

According to Amnesty International, that bill would effectively expand the unilateral powers of military judges and eliminate judicial safeguards.

Papua New Guinea’s death penalty Act of 1984 has been repealed by the National Parliament and all prisoners on death row have had their sentences commuted to life imprisonment.

With the new legislation, the penalty for acts of willful murder due to sorcery, aggravated rape, robbery with violence, treason, piracy and willful murder all will face life imprisonment without parole, or parole after 30 years, after the death penalty provisions were repealed yesterday.

These were among 11 Bills passed by the National Parliament over the past two days before rising and adjourning to February 22.

• READ MORE:  After nearly 70 years, the death penalty again becomes a real prospect in Papua New Guinea
• Other reports on the PNG death sentence

Six of these Bills were presented by Justice Minister Bryan Kramer, who proposed amendments to some of the laws to capture the current needs. They include amendments to the Criminal Code Acts to repeal the death penalty Act 1984.

Kramer said 14 prisoners (including two who have escaped from prison) were put on death row by the courts but remained in custody for a long time because the state failed to put the administrative mechanism and infrastructure in place to implement the death penalty.

He said there were nine other prisoners who were sentenced to death since the reintroduction of the death penalty into the criminal justice system in 1991 but some of them have died awaiting execution while others have appealed or reviewed their sentences at the Supreme Court.

He said one of the inabilities to implement the death penalty is the lack of necessary administrative mechanisms and infrastructures in place to carry out the executions.

Difficult to implement
“This was largely attributed to the difficulty presented by a single method of implementation and administration of the death penalty in the past, which was to be done by hanging,” Kramer said.

“It was in view of this that the government amended Section 614 of the Criminal Code Act, which was intended to give greater flexibility and capability to enable the state to implement the death penalty.

“It provided a range of methods of execution of the death penalty for the government to choose from depending on the government’s preparedness and availability of administrative mechanism and infrastructure suitable to that particular method of execution,” he said.

Kramer said that in 2013 the Chief Secretary put together a technical team comprising of officials from the relevant government agencies and the team went on a fact-finding tour of the United States, Thailand, Singapore, Malaysia and Indonesia. On their return, the team submitted a report titled: “Implementing the death penalty in PNG”.

He said the NEC endorsed and approved the guidelines for the implementation of the death penalty by lethal injection, firing squad and by hanging, but the government had not used any of these methods proposed.

He said according to the report it would be practically difficult to implement all three methods as they would require different protocols and equipment to be used effectively.

“As such, the government does not have the administrative mechanism and the infrastructure to implement the death penalty.

“Therefore, the Criminal Code Act was reviewed to amend all offences that have the penalty of death to be repealed and replaced with the penalty of life imprisonment with or without parole, or with eligibility for parole after 30 years,” he said.

Republished with permission from the PNG Post-Courier.

A five-man Supreme Court bench has quashed by a majority decision National Court temporary orders that have stayed the death sentence of 14 prisoners on death row in Papua New Guinea.

The court ruled that the lower court lacked jurisdiction at the time to commence the proceedings on its own initiative under Cection 57(1) of the Constitution, and directed that the orders be dismissed.

This ruling clears the way for the first executions in Papua New Guinea for 70 years.

• READ MORE: Court ruling clears way for first executions in Papua New Guinea in nearly 70 years

These orders were appealed to the Supreme Court by the state, through Solicitor-General Tauvasa Tanuvasa, after he identified errors of law, made by the primary judge in 2017.

These were errors of commencing the proceedings as an inquiry, establishing that there were prisoners on death row who were awaiting execution with five having had no Supreme Court appeals or reviews pending and nine awaiting completion of their Supreme Court appeals.

The primary judge at time held that there were breaches in their rights under sections 36, 37 and 41 of the Constitution and also declared that the National Executive Council (NEC) had failed to facilitate appointments of members of the advisory committee on the power of mercy (ACPM) to determine their mode of execution.

The bench, that comprised deputy Chief Justice Ambeng Kandakasi and judges George Manuhu, Ere Kariko, Colin Makail and Nicholas Miviri, reached these orders after the majority held two of three grounds of appeal.

One minority view
Justice Manuhu was the only minority view, resulting in a four out of five judgment.

The grounds appealed by the state that were anonymously upheld were that the National Court lacked jurisdiction in such proceedings, that the proceedings were contrary to section 57 of the Constitution; and that assuming the decision of the transferees case by erroneously holding that decision was Orbita Dicta.

Orbita Dicta is a judges expression of opinion uttered in court or in a written judgment, but not essential to the decision and therefore not legally binding as a precedent. Also the trial judge had erred in law when he found breaches of the prisoner’s rights without any evidence and facts that established any of the breaches.

The bench also ordered that the National Court direction to the state, which was the appellant, to facilitate the appointment of members of the advisory committee on the powers of mercy and to provide a report to the NEC on October 12, 2017, in the proceeding styled HROI No. 2 of 2015 be quashed.

Tanuvasa, when contacted, told the PNG Post-Courier: “There is no impediment now.

“Those on death row can now apply to the power of mercy.

“Or all executions could proceed soon after the NEC properly appoints the members to a committee that would identify the most possible mode of execution.”

Trevor Wahune is a PNG Post-Courier reporter.

West Papuans are facing the start of 2021 with sorrowful news about the death of Mispo Gwijangge, a victim of accusations and torture over alleged crimes he did not commit.

Some human rights advocates and lawyers, including Amnesty International Indonesia, have expressed their condolences for his death in Wamena on January 6, reports Tabloid Jubi.

Amnesty International Indonesia says Gwijangge was charged over the killing of 17 PT Istaka Karya workers in Nduga at the end of 2018.

• READ MORE: West Papua churches call on Widodo to end militarisation

The Papua Advocacy Team found a number of irregularities in the case.

Gwijangge, who was not fluent in the Indonesian language, explained through the help of an interpreter that he did not commit the murders he was accused of.

He said he was in a refugee camp in Wamena when the murder of PT Istaka Karya took place on December 2, 2018. Gwijangge was sentenced to death, even though he was still under age, who should not have been given a death sentence, say advocates.

Amnesty International Indonesia turut berduka cita sedalam-dalamnya atas kepergian Mispo Gwijangge, orang asli Papua korban penyiksaan dan rekayasa kasus pembunuhan di Nduga tahun 2018. pic.twitter.com/DPg2SMp1rS

— Amnesty International Indonesia (@amnestyindo) January 7, 2021

Michel Himan, one of Gwijangge’s defence lawyers who handled the case, while expressing his deep condolences, said that Gwijangge had been arrested on 12 May 2018. He was only 14 years old when he was detained at the Jayawijaya police headquarters.

In prison cell for 333 days
For 333 days, he remained in a prison cell and was often tortured.

Himan said that without the knowledge of his family Gwijangge had been transferred to Jakarta for “security reasons”, while the trial of another case at the same time went smoothly.

Gwijangge was forced to accept this unjust legal process. He had never committed the murder, say advocates.

Himan, who is known as a prominent young lawyer from Papua in the Indonesian capital, recalls his conversation with Gwijangge at Salemba prison in Jakarta.

“Mispo said, ‘I never went to school. I can’t read and write and have never been out of town, always live in the village, I’ve never been involved as alleged, I don’t know anything.’

“’I just wanted to go home because no one takes care of my mum. My mum is alone in the jungle [temporary refugee camp], Mispo told Himan while staring at the clouds.

“My head is dizzy, and I am worried about my mother, I just wanted to get back to Papua as soon as possilble,” Himan recalls about what Gwijangge told him.

Pneumonia, back pain
Gwijangge was badly sick with pneumonia and back pain as a result of the torture he had received.

“We were all worried about his situation at that time. We have done our best to help him for the sake of healing,” said Himan.

Tabloid Jubi reports that according to Mispo’s older sister with initials DG, Gwijangge had still been traumatised after being arrested in the middle of last year. He was accused of being involved in the murder of dozens of Trans Papuan Highway workers in Nduga regency in early December 2018.

“He didn’t want to take medication. He was worried that someone would try to find fault with him, and then he would be arrested again,” said DG.

Gwijangge’s family decided to take care of him from home.

Nduga refugees volunteer Raga Kogeya said it was natural that Mispo Gwijangge had still been traumatised. The youth had been arrested and accused of crimes he did not commit.

At that time, the threat was the maximum of a death penalty.

Luckily, the panel of judges at the Central Jakarta District Court, who tried the Gwijangge case, rejected all of the charges against him by the public prosecutor.

The judges were willing to consider various irregularities presented by Gwijangge’s legal team. Finally, they decided to drop the prosecution and to free him from detention.

This report has been compiled by a special Pacific Media Watch correspondent. Tabloid Jubi articles are republished with permission.