UA death penalty drug trafficking -

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Subject: UA death penalty drug trafficking - Phillipines

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PUBLIC	AI Index: ASA 35/30/99


UA 178/99	Imminent Execution	23 July 1999


PHILIPPINES			Josefina Esparas, 45


Josefina Esparas is scheduled for execution on 16 August 1999. She was
sentenced to death for drug trafficking in April 1995. If the execution
goes ahead, she will be the first woman to be executed in the Philippines
since the death penalty was restored in 1994. 

President Estrada has stated that he is unlikely to grant a reprieve to
Josefina Esparas, saying in a radio interview that "Drug trafficking is the
most heinous of crimes...That is why I don't think I can grant a pardon,
whether the convict is a man or woman..This should be a lesson to all drug
pushers who are destroying the future of our youth." Josefina Esparas is
reported to have been one of 10 people on death row, into whose cases
President Estrada ordered a review in early July 1999, ?to see if the
convicts committed heinous crimes out of poverty.? He stated that ?if they
committed the crime due to poverty, their sentence will be commuted.?

Josefina Esparas was convicted of trafficking 20.09 kilograms of
methamphetamine hydrochloride, popularly known as ?speed? or ?ice? on 27
April 1995. She escaped from jail before her sentence was publicly
announced, and was recaptured in April 1998.

BACKGROUND INFORMATION

The Philippines abolished the death penalty in 1987 but reintroduced it in
1994. The death sentence is applicable for 46 offences and mandatory for 21
in the Philippines, where 1070 people are reportedly now on death row. The
death sentences of 38 or more convicts on death row have been confirmed by
the Supreme Court, of whom at least 10 may be executed in 1999. The death
penalty is an optional punishment for the unauthorized importation, sale,
administration, transportation, manufacture, possession or use of drugs
where the quantity of drugs involved is 40 grams or more of opium,
morphine, heroin or cocaine; 50 grams or more of marijuana resin; 750 grams
or more of marijuana; and 200 grams or more of methamphetamine
hydrochloride. Death can also be imposed on those who cultivate marijuana
or opium poppy. The death penalty is mandatory regardless of the quantity
of the drugs if they are sold to a minor, or if the offender is a
government official or member of the armed forces or police. 


Leo Echegaray, a convicted child rapist, was the first person to be
executed in 23 years when he was put to death by lethal injection on 5
February 1999. In June and July 1999 four other people were executed,
including Eduardo Agbayani, who was convicted of the incestuous rape of his
daughter. His daughter had requested presidential clemency. President
Estrada is reported to have instructed his aides to telephone the prison
authorities to stay the execution at the last minute. However, the call was
received after the lethal injection was administered. Dante Piandiong,
Jesus Moralles and Archie Bulan were executed on 7 July 1999. Dante
Piandiong had alleged that he was tortured during pre-trial detention.
Amnesty International has no information about any investigation of these
claims by the authorities. The men continued to protest their innocence
until the moment of their death.
President Estrada has granted a temporary reprieve at least four times in
the last three months shortly before a scheduled execution.

RECOMMENDED ACTION: Please send telegrams/e-mails/faxes/express/airmail
letters:

- acknowledging the seriousness of the crime for which Josefina Esparas was
convicted, but explaining your opposition to the death penalty in all cases
as a violation of the right to life, pointing out that it has never been
shown to have a unique deterrent effect, and is brutalizing to all involved
in its application;

- urging the President to use his constitutional powers to grant clemency
and commute this and all other pending death sentences;

- drawing attention to world trends to abolish or reduce the use of the
death penalty, in accordance with Article 6 of the International Covenant
on Civil and Political Rights, to which the Philippines is a state party

- urging the Philippines to establish a moratorium on executions, with a
view to completely abolishing the death penalty, in line with resolution
1998/8, adopted on 3 April 1998 by the UN Commission on Human Rights.

APPEALS TO:

President Joseph Estrada	Salutation: Dear President Estrada
Malaca?ang Palace
J.P. Laurel St
San Miguel 1005
Manila, Philippines
Telegrams: President Estrada, Manila, Philippines
Faxes:	+ 63 2 742 1641 / 832 3793 (via Dept of Foreign Affairs - works best)
	/ 731 1325 (via Press Secretary to the President)
E-mail: 	erap@xxxxxxxxxx


COPIES OF YOUR APPEALS TO:

Secretary of Justice
Serafin Cuevas 
Department of Justice
Padre Faura, Ermita
Manila, Philippines
Fax: + 63 2 521 1614

Chairperson, Commission on Human Rights
Aurora Navarrete-Reci?a
SAAC Building,
U.P. Complex 
Commonwealth Avenue
1100 Quezon City, Philippines

and to diplomatic representatives of the Philippines accredited to your
country:

Zijne Excellentie de heer Eloy Bello III, Ambassadeur van de Filippijnen
Laan Copes van Cattenburch 125, 2585 EZ  Den Haag
Fax: 070-3560030

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 16 August 1999.