Us Citizen's Death Sentence In Brunei

Brunei is a country in Southeast Asia with a population of around 450,000 people as of 2023. It is an absolute monarchy ruled by Sultan Hassanal Bolkiah, who has been in power since 1967. The country gained independence from the United Kingdom in 1984 and has retained close ties with the UK and other Commonwealth nations. Brunei has a dual legal system, incorporating both English common law and Islamic jurisprudence, including Sharia law.

In recent years, Brunei has faced international criticism for its implementation of a strict Sharia Penal Code, which includes harsh punishments such as stoning and amputation for various offences, including theft, drug offences, and same-sex relationships. This has raised concerns among human rights organisations and led to calls for the country to respect fundamental human rights and abolish such practices.

In terms of its relationship with the United States, US citizens are generally required to obtain a visa prior to arrival in Brunei for visits exceeding 90 days. Additionally, US passport holders must ensure their passports have at least six months' validity and six blank visa pages before entering the country. While there have been no recent reports of Bruneian authorities committing arbitrary killings or abuses, the country's human rights record, particularly regarding freedom of expression, assembly, and the treatment of minority groups, has been a subject of concern for international observers.

Brunei's death penalty laws

Brunei, officially Brunei Darussalam, is a country in Southeast Asia with a population of around 455,858 as of 2023. It is a constitutional absolute monarchy ruled by the Sultan, currently Hassanal Bolkiah, who has been the head of state since 1967. The country gained independence from the United Kingdom in 1984 and has retained the death penalty since then, although the last execution took place in 1957 when it was still a British Protectorate.

In 2014, Brunei introduced a new penal code, the Syariah Penal Code Order (SPCO), which implemented elements of Sharia law or Islamic law. This code instituted the death penalty (by stoning) for violent crimes such as murder, terrorism, and treason, as well as non-violent crimes like adultery, sodomy, rape, apostasy, blasphemy, and insulting Islam. The introduction of this code sparked international condemnation, with celebrities and human rights groups calling for boycotts of Brunei-owned hotels and businesses.

In response to the global backlash, Sultan Hassanal Bolkiah announced in 2019 that Brunei would not impose the death penalty for homosexual acts and would extend a moratorium on capital punishment to cover the new legislation. However, the laws themselves remain in place, and LGBT citizens of Brunei still face other punishments such as fines, whipping, or jail.

Under Brunei's legal system, the secular and Sharia judicial systems operate in parallel. The Sharia Penal Code (SPC) includes offences punishable by corporal and capital punishments, including stoning to death, amputation of hands or feet, and caning. The SPC also prohibits men from dressing as women or women dressing as men "without reasonable excuse" and criminalizes same-sex sexual conduct between women, with punishments of up to 10 years' imprisonment or caning.

While there have been no reports of the government carrying out executions, the death penalty remains a part of Brunei's legal code, and the moratorium can be lifted at any time.

US citizen's rights

US citizens have a wide range of rights, duties, protections, and benefits. These rights are derived from and protected by the Constitution and laws of the United States. Here is a list of some of the rights enjoyed by US citizens:

• Freedom of expression and worship
• Right to a prompt, fair trial by jury
• Right to vote in elections for public officials
• Right to live and work in the United States
• Right to apply for federal employment requiring US citizenship
• Right to run for elected office
• Freedom to pursue "life, liberty, and the pursuit of happiness"
• Right to obtain a US passport and receive assistance from the US government when overseas
• Right to bring family members to the US
• Right to obtain citizenship for children under 18 years of age
• Right to become eligible for federal grants and scholarships
• Right to obtain government benefits

It is important to note that US citizens also have certain responsibilities, such as paying taxes, serving on a jury when called upon, and defending the country if needed.

Now, regarding the question of whether Brunei would execute a US citizen, it is essential to understand the context of capital punishment in Brunei. Capital punishment in Brunei Darussalam is a legal penalty for various crimes, including violent and non-violent offences. While Brunei has not carried out any executions since 1957, it expanded the scope of the death penalty in 2019 through the implementation of Sharia Law. This expansion included the death penalty for same-sex sexual relations, adultery, and blasphemy, among other offences.

However, due to widespread international criticism, Brunei's Sultan declared a moratorium on executions, including for the new capital offences, in 2019. This moratorium is still in effect as of 2024, and Brunei is considered a de facto abolitionist state. Therefore, while it is theoretically possible for Brunei to execute a US citizen, in practice, it has not carried out any executions in recent decades and has stated its commitment to a moratorium on the death penalty.

Brunei's legal system

Brunei is a constitutional monarchy with a ministerial government. It is one of the few remaining absolute monarchies in the world, and the only one in Asia. The Sultan of Brunei is the head of state and government, as well as the official 'guardian and protector' of Islam and tradition in Brunei. The country's legal system is based on British common law, with a parallel Sharia law system for Muslims that supersedes common law in areas such as family and property law.

In 2014, Brunei introduced a new penal code, the Syariah Penal Code Order (SPCO), which implemented elements of Sharia law. This included the death penalty by stoning for adultery, sodomy, rape, apostasy, blasphemy, and insulting Islam. Since then, Brunei has been classified as a de facto abolitionist state, with a moratorium on executions in place since 1984. Despite this, the country expanded the scope of the death penalty in 2019 to include same-sex sexual relations, theft, adultery, and blasphemy. This revision sparked international condemnation from human rights organisations and several governments, including the US, UK, France, Germany, and Australia.

The Sultan of Brunei has wide legislative powers and can pass any legislation deemed expedient during a State of Emergency, with no judicial review of his actions. The country's judiciary consists of the Supreme Court, which includes the Court of Appeal and the High Court, beneath which are the magistrates' courts. The final court of appeal for civil cases is the Judicial Committee of the Privy Council of London. Additionally, there are courts of Islamic law (Sharia) that can appeal to the country's Religious Council.

US-Brunei relations

Brunei has long been a strategic location for the US, particularly during the Cold War, as it is situated on the routes connecting American bases in the Philippines, Thailand, Singapore, and Australia. During the Vietnam War, the US used Brunei's tropical jungle for anti-guerrilla warfare training. The Obama administration's "Asia Pivot" further strengthened US-Brunei relations, with Brunei being a key partner in the Trans-Pacific Partnership (TPP) negotiations. Brunei is also a member of the China-dominated Regional Comprehensive Economic Partnership (RCEP), demonstrating its hedging strategy between the two powers.

Brunei and the US have a strong economic relationship, with US firms operating in the energy, consulting, and financial services sectors. US franchises and brands are also present and thriving in Brunei. In recent years, Brunei has faced challenges due to fluctuating oil prices and has sought to diversify its economy and reduce its dependence on the oil and gas sector. The country has developed incentives to attract foreign direct investment and promote new industries.

In terms of international organisations, Brunei and the US share membership in the United Nations, the International Monetary Fund, the World Bank, and the World Trade Organization. They also participate in the East Asia Summit and the ASEAN Regional Forum. Brunei is a founding member of the Asia-Pacific Economic Cooperation (APEC) forum, which promotes regional cooperation on trade, investment, and supply chains.

While Brunei has strong ties with the US, it also maintains relations with China, striving to balance its relationships with both powers to protect its interests.

Human rights in Brunei

Brunei has been ruled by Sultan Haji Hassanal Bolkiah as a monarchy since 1967. The Sultan has few limitations on his authority, and the country has been criticised for its human rights record, particularly in relation to its treatment of women, children, religious and sexual minorities, and the death penalty.

The Death Penalty

Capital punishment in Brunei is a legal penalty for a number of violent and non-violent crimes, including murder, terrorism, treason, adultery, sodomy, rape, apostasy, blasphemy, and insulting Islam. The legal methods of execution are hanging and stoning. While there has been a de facto moratorium on the death penalty since the country's independence in 1984, the Sultan announced plans to reintroduce capital punishment in 2019, which caused widespread international condemnation. The moratorium was extended, but it can be lifted at any time.

Discrimination and Human Rights Abuses

Brunei has been criticised by human rights organisations for its treatment of vulnerable groups, including women, children, and religious and sexual minorities. The country's Syariah Criminal Code (2013) discriminates against these groups and jeopardises their fundamental human rights. Brunei is a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child, but it has been reported that the government does not effectively enforce laws protecting these groups. There are also no specific laws protecting members of racial or ethnic minority groups.

The country has also been criticised for its anti-LGBTQI+ laws, which increase the risk of trafficking and extortion for LGBTQI+ individuals. There have been reports of discrimination against LGBTQI+ persons in employment, housing, recreation, and education. The government does not allow individuals to change their legal gender, and conversion therapy is available and advertised.

Freedom of Expression and Assembly

Brunei restricts freedom of expression and assembly. There are no provisions for freedom of speech in the constitution or laws, and the government restricts the media and censors content. Journalists commonly practice self-censorship to avoid legal repercussions. Public gatherings of 10 or more people require a government permit, and the government has been known to disrupt gatherings deemed politically or socially sensitive.

Trafficking in Persons

Brunei has increased law enforcement efforts to combat human trafficking, but experts working on anti-trafficking initiatives have been threatened by traffickers. The government has been criticised for not effectively investigating and prosecuting human trafficking crimes, particularly those involving foreign perpetrators.

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