Lim Seng was a struggling restauranteur in the 1960s when he dove into the heroin business.
He wasn’t struggling much longer.
He quickly became the Walter White of Manila heroin production, exploiting ties to criminal syndicates in the Golden Triangle to churn out (by the early 1970s) 1.2 tons of smack. Ninety percent of it was exported to the United States. (.pdf source on Lim Seng’s criminal career)
The other 10% helped feed a burgeoning heroin addiction among Manila students, leading to a seminal 1972 anti-drug law under which Lim Seng was arrested days after martial law came down that September. He faced a military, rather than a civilian trial.
Naturally quite wealthy from his enterprise, he evidently believed up until the last moments that he could buy his way out of execution. Little did he understand that he had been ticketed to demonstrate the incipient dictatorship’s iron fist: thousands of civilian spectators crowded the ropeline of the rifle range to glimpse the garishly publicized ceremony, while others took in the radio broadcast or news footage.
Lim Seng was the first person executed by the Marcos regime for drug trafficking.
* Lim Seng was tried in December 1972, and some sources report this as his execution date. Contemporary newspaper accounts unambiguously confirm that the execution took place on January 15, 1973.
According to an AFP report, Iran hanged a drug trafficker in Sari, Mazandran province, on December 25, 2010 — “after being convicted of keeping, carrying and selling the narcotic drug ‘crack’,” in the words of prosecutor Assadollah Jafari.
On this date in 2003, four women all condemned for drug offenses were among a group executed by shooting at Wuhan, in central China. This mass execution (conducted in secret but preceded by a humiliating public trial) was scheduled around the June 26 International Day against Drug Abuse and Illicit Trafficking. China has a very long history of looking askance at drug-dealing, and it usually uses the prelude to June 26 for some pointed, well-publicized executions.
In 2003, photographer Yan Yuhong spent 12 hours with this quartet of women on the eve and morning of their executions at Detention Center No. 1. Only years later did the photographs get out: a moving glimpse of ordinary people under the pall of death and the guards and prisoners around them, they made worldwide news in 2011. Apparently their distribution in 2003 was quashed on authorities’ concerns that they were a bit too moving for the big anti-drug message.
Select images follow; the entire series can be perused here or here, and in poignant timeline form here.
He Xiuling
He Xiuling is the most immediately recognizable among them, a pudgy 25-year-old who looks inordinately mirthful in many pictures, but sobs openly just before she is led away to be shot. Follow-up reporting paints the picture of a simple country girl lured by a boyfriend into being a drug mule. She was evidently led to believe, up until the last, that her sentence would be commuted: “I’ll still only be 40 when I’m free!”
Had she been spared, she would be 35 now.
She thought the white top made her look “too fat”, and a guard kindly provided a black one.
Several pictures how He Xiuling smiling and laughing. Here, she enjoys breakfast on the morning of the 25th. She has about four hours to live.
Weeping moments before her execution.
Ma Qingxui
The oldest of the women and seemingly the only one of the quartet who could be characterized as something more than a small-time mule, 49-year-old Ma Qingxui from Baokang county of Hubei province was on her fourth conviction for smuggling more than 8 lbs. of narcotics.
Dressed all in red, Ma Qingxui donates her clothes to another inmate.
Ma Qingxiu being escorted out of the detention center for the execution grounds at 7:21 a.m.
Li Juhua and Dai Donggui
The prisoners least seen in the series and those of whom the least has been reported in the west.
An ordinary (non-condemned) prisoner paints Li Juhua’s toenails on the morning of the latter’s execution.
She dictates her last will and testament to a fellow-prisoners.
On the evening of June 24th, Dai Donggui carefully folds the execution clothes a guard has purchased for her.
A last supper. Reportedly, McDonald’s food is routinely served at the facility for this occasion.
A sort of social bandit for the Prohibition era, Birger was born Shachna Itzik Birger to a Russian Jewish family that immigrated to the U.S.
Birger was a young saloon-keeper on the make when the U.S. decided to make a go of its first foolish drug war, Prohibition. And in the immortal tradition of drug wars, it made the enterprising purveyor a whole lot richer, and a whole lot violent-er.
This cinematic affair of armored car shootouts, aerial bombings, and gangland assassinations comes off with verve in A Knight of Another Sort: Prohibition Days and Charlie Birger. The bon vivant Birger, bursting with charisma, entertains at his gin joint, aids the misfortunate, corrupts the police, and merrily mobs up Williamson County.
That story reached its conclusion when Birger was arrested for ordering the murder of Joe Adams, mayor of a nearby town who had taken the Shelton Gang’s armored “tank” car in for repairs.
Birger said he hadn’t actually done that, but he went to the gallows grinning, and humorously chatted up reporters before the big show — cementing his myth with that legend-quality indifference to death.
“I’ve played the game and lost, but I’ll lose like a man,” Birger philosophized. “I’m convicted of a crime I didn’t commit, but I’ve committed a lot of crimes. So I guess things are even. We got too strong against the law, and the law broke it all up.” (From the Chicago Tribune, April 20, 1928.)
Birger shakes hands with so-called “humanitarian hangman” Phil Hanna.
Birger insisted on hanging in a black, not a white, hood — owing to his hatred of the Ku Klux Klan.
Birger is still a legend in southern Illinois, and a live one at that: he’s been in the news lately due to a weird custody fight over the rope used to hang him.
This macabre historical memento also happens to be the last rope ever used for any public execution in Illinois.
On this date in 1996, Thomas Reckley was hanged in the Bahamas for a 1989 Nassau drug murder.
This execution was noteworthy as the first in 12 years in the Bahamas.*
It was also notable as the first since the British Privy Council’s 1993 Pratt and Morgan ruling. That decision held that keeping a condemned prisoner awaiting the gallows for more than five years constituted “cruel and inhumane treatment” sufficient to invalidate the death sentence.
In an uncomfortable holdover from the Empire, the Privy Council was then and still remains today the court of last resort for Commonwealth countries in the region. Therefore, Pratt and Morgan had the effect of making death sentences extremely difficult to carry out: the Privy Council itself dilated appeals (or at least, this was what irritated tough-on-crime types said), and also asserted a human rights standard requiring expedited appeals. In 1994, Trinidad & Tobago squared the hemp circle by hanging Glenn Ashby six days before the deadline even though his last Privy Council appeal was still pending. (It was granted … but too late.)
Sentenced to death on November 7, 1990, Reckley was clearly past the five-year pole when the Bahamas decided to hang him. (He’d received five stays of execution in his time.) This execution appears to be the first in the Caribbean that would fail to meet the Pratt and Morgan test.
* The last previous was William Armbrister on April 10, 1984, capping a period in the 1970s and early 1980s when the Bahamas saw routine hangings every year or two.
Naw Kham (or Nor Kham), a Burmese Shan, ran a sizable gang of drug traffickers/paramilitaries/pirates, the Hawngleuk Militia, in the Golden Triangle.
In addition to heroin smuggling, this gang also shook down for protection money the many Chinese commercial shippers coming down the Mekong River, and wantonly raided shippers that held out on them. He was untouchable in his lawless zone (with the possible protection of Burmese military to boot) for more than a decade.
Times may have started passing Naw Kham by in the 2000s.*
China’s economic boom has driven more shipping, and a search for investment outlets for Chinese capital, both inevitably increasing its presence on the economically developing Mekong. Ultimately this had to come at Naw Kham’s expense.
He had hit Chinese shippers before to the annoyance of Beijing, but matters came to a head when the kingpin allegedly retaliated against the flouting of his “taxes” by massacring 13 Chinese sailors in 2011 on board two tightfisted merchantmen. (“Allegedly” because Naw Kham blamed the Thai military for this slaughter, and some people believe him.)
At any rate, China put the screws to the drug lord, not only pressuring Southeast Asian governments for his capture but directly hunting him with special forces. Early in 2012, Naw Kham was arrested and his gang broken up after a multinational manhunt; the leader was extradited from Laos to face Chinese justice with five of his associates.** The accused had little recourse but to throw themselves on the mercy of the court.
Executed with Naw Kham — and underscoring the multinational complexion of his outfit — were Hsang Kham (a Thai), Zha Xika (a Lao), and Yi Lai (stateless). The other two defendants received a suspended (reprieved) death sentence, and an eight-year prison term.
Naw Kham being led to an execution van on March 1, 2013. Two hours of footage of the “Mekong River murderers” walking their green mile was broadcast on CCTV News, although not the executions themselves.
The case isn’t entirely closed with his date’s executions, however. China is still pressuring Thailand to bring to book Thai troops whom China says colluded (at the very least) in the Mekong murders. The future direction of that investigation is quite unclear.
* China, Burma, Thailand, and Laos, inked a 2001 pact to regularize shipping on the Mekong. It contained no provision allowing for stateless narco-buccaneers.
** It’s noteworthy that this is a non-Chinese citizen being extradited to China for a crime not on Chinese soil.
In Saudi Arabia, distinguished as the worldwide capital of beheading, a Pakistani named Mohamed Rafiq Myased and his daughter Abajan (or Apa-jan) were beheaded in Jeddah on this date in 2006 for smuggling drugs.
(Another Pakistani national lost his head in Jeddah 10 days later for the same crime; I’m uncertain whether the cases were related.)
On this date in 2003, 23-year-old Malaysian Vignes Mourthi was hanged in Singapore’s Changi Prison as a drug courier, along with his supposed collaborator Moorthy Angappan.
Mourthi vigorously maintained his innocence, and his family has done likewise in the years since, helping turn the young factory worker into a wrongful-execution poster child.
It was a Sgt. Rajkumar who arrested Mourthi by posing as a buyer of his cargo. Rajkumar would later present an undated, unsigned “confession” purporting to show that Mourthi was completely aware that it was heroin he was moving. At first read one might might indeed doubt Mourthi’s insistence that he thought he was carrying “incense stones” … but his compatriot Angappan was indeed an incense dealer and a family friend known to Mourthi as such.
British journalist Alan Shadrake‘s 2010 indictment of Singaporean justice Once a Jolly Hangman (banned in its titular city-state) calls Mourthi’s hanging “arguably one of the most appalling miscarriages of justice in Singapore’s history”.
Rajkumar’s testimony about Mourthi’s confession was instrumental in hanging the young man, but just a couple of days after he arrested Mourthi, Rajkumar himself was arrested (and then released on bail) on a rape accusation. According to the recent book Once a Jolly Hangman, whose denunciations of Singapore’s death penalty system earned its author a prison term in the repressive city-state,
Intense efforts were … made by Rajkumar’s many friends in the CNB and a police friend at Clementi Police Station to persuade ‘J’ to withdraw her statement. The bribes involved large sums of money, which she refused … There were frantic, secret meetings between Rajkumar, his police officer friends and his accuser in shopping malls and fast-food outlets during which he, his family and friends continued to offer large sums of money in exchange for withdrawing her allegations. All this intrigue was going on while Rajkumar was busy getting enough evidence together to ensure Mourthi would be found guilty and hanged.
So. That’s less than ideal.
Sadly for the accused, none of this credibility-melting information was ever known during Mourthi’s trial and appeal. After Mourthi’s execution, the bad cop who hanged him went on trial for corruption over his witness-tampering, and eventually served 15 months.
Certainty is never given to mortals. But Mourthi’s father for one has no doubt: “I know he is innocent.”
On this date in 1945, Japanese forces occupying Indonesia cut off Dr. Achmad Mochtar’s head for a medical experiment gone horribly awry.
Officially, Dr. Mochtar had been responsible for a supposed vaccine whose administration killed hundreds of Indonesian forced laborers.
Latter-day research, however, indicates that it was the Japanese military who administered the vaccine (Indonesian link), an experimental tetanus-cholera-typhoid-dysentery combination shot, getting a trial run before it was administered to Japan’s own soldiers. When this drug proved lethal to most of its recipients, Mochtar and his staff at the Eijkman Institute were arrested in 1944 and subjected to harrowing torture.
According to Jakarta-based British researcher Kevin Baird, Mochtar agreed to take the fall for the experiment in exchange for the release of his colleagues.
“We think of this sort of heroism as the reserve of military men and not learned intellectuals,” Baird told the Guardian. “Achmad Mochtar was not only a hero of Indonesia, but a hero of science and humanity.”
Present-day Eijkman Institute director Sangkot Marzuki (right), and two descendants of the executed man, Monique Mochtar (left) and Jolanda Mochtar (center) lay flowers at a 2010 memorial event after the doctor’s location in a mass grave was discovered. Achmad Mochtar’s name also graces a Sumatran hospital.
On this date in 2008, Curtis Osborne suffered lethal injection in Georgia for a double murder.
In the words of the Atlanta Journal-Constitution report, “Osborne was executed for shooting Arthur Jones and Linda Lisa Seaborne on Aug. 7, 1990. Osborne allegedly killed Jones because Osborne didn’t want to give him the $400 he got for selling Jones’ motorcycle. Seaborne was killed because she was there.”
Pretty awful.
It’s very difficult to capture in individual cases the structural dimensions of the death penalty system, simply because individual cases are, well, individual. Themanyplausibleactualinnocencecasesareonething. Here what you’ve got is a guy who unquestionably shot dead two humans so that he could feed his cocaine habit: making some procedural argument for Curtis Osborne is going to sound like a lot of special pleading.
But those procedural arguments are the very guts of the animal. The U.S. death penalty proposes, as an institution, to attempt not the question, does Curtis Osborne deserve to die?, but the question, among hundreds of Curtis Osbornes, do we have the apparatus to justly distinguish the ones that deserve to die?
As an impoverished drug addict, Osborne was represented at trial by a since-deceased public defender named Johnny Mostiler.
If you search this case, the thing you’ll find immediately is that another defendant being represented at the same time by Mostiler would later swear that Mostiler told him, speaking of Osborne, “that little nigger deserves the chair.” And the context of the conversation was about how Mostiler had just received a plea offer that Mostiler didn’t plan even to relay to Osborne, for the aforementioned reason.
Pretty awful.
This sort of thing is hard to substantiate: the allegation comes from a man serving a murder sentence of his own, and Mostiler isn’t around to defend himself. But on its own, it’s a shocking claim and a reminder of how profoundly the trial attorney’s performance shapes the entire legal experience. As Time magazine put it, what if your lawyer wants you executed?
Whether Mostiler really dropped an N-bomb on Osborne’s case, we really don’t know. But it’s been said that capital punishment means those without capital get the punishment, and the fact of the matter is that not many of any race who have recourse to indigent defense are served at the bar by Atticus Finch.
Leave aside even that shocking racism allegation, one that no court saw fit to adjudicate. (Prosecutors called the racism claim “outlandish”; appellate court ruled it procedurally out of bounds.) Just reckon the structural situation.
The American Prospect profiled the blinged-out, fast-living Mostiler after his death — breathing not a word about Osborne’s case, which was nowhere on anybody’s radar — and described, essentially, the neoliberal project in action for public defenders.
Mostiler represented not only Osborne, but virtually every poor defendant in Spalding County, Georgia … because, in 1990, he’d pitched the county on a fixed annual contract. Mostiler argued that the county was
wasting money paying as many as 20 court-appointed attorneys $50 an hour to handle indigent cases without knowing exactly how many hours those attorneys would bill during any given year. Mostiler proposed instead that the commissioners pay him a flat fee to handle all of the county’s indigent cases, regardless of the number. That way the county would have to deal with only one lawyer, and it would know its final bill at the start of the fiscal year rather than at the end.
Let justice be done though the heavens fallwithin the confines of fiscal probity. This grift was going to be worth a good deal more than $400 … and come with its own body count, too.
Mostiler bragged about saving the county a good million bucks over the course of the nineties. That’s a new definition of the adversarial judicial process, fresh-minted for the race-to-the-bottom era: every exertion by a defense attorney on his client’s behalf costs him part of his own paycheck.
Small wonder that Mostiler hardly ever tried cases — no more than seven a year, he said, out of as many as 900 felonies. Most were dispatched within minutes in shotgun plea deals and no small number of those momentary clients remain on the inside of a Georgia penitentiary as we speak. Did we mention that Mostiler did all this “lawyering” in only 60% of his lawyer time? He kept up a lively private civil practice, too, one where he probably averaged more than 100 minutes per case.
Death sentences, of course, don’t result from plea bargains — but at Mostiler’s zero-sum rates he also wasn’t going to prep this like the Dream Team. Slate reported that
Mostiler never hired a psychiatrist to examine evidence that Osborne was a victim of childhood abuse, and was borderline retarded, despite a court-ordered sanity evaluation that had found “indications of depression, paranoia, and suicidal ideation.” He never examined the history of mental illness in Osborne’s family because, he said, he didn’t know how to conduct that kind of investigation. Mostiler called no expert witnesses to testify for his client and didn’t bother to interview the state’s experts before they appeared at trial. And he rejected appointment of a second attorney to help with Osborne’s defense, which the American Bar Association and all serious death penalty litigators say is essential if a capital murder defendant is to receive a fair trial.
Pretty damn awful.
Once Osborne’s conviction was in the books at the trial level, no appellate court could intervene without clearing a very high bar: would the evidence un-investigated and the argument un-made likely have made a difference? Could anyone prove that Mostiler described his client with a racial slur? Nobody could really say so. End of story.
It was 18 years between the time Osborne laid those two souls in the ground and the time he laid himself down on the gurney. The irony is that all that time, all those exhaustive appeals, left the most salient and troubling questions in his case un-examined. There were substantive questions here, but Georgia prevailed in a procedural argument that those questions remain closed.
All this unsalved death and sorrow, and all for what? So Curtis Osborne could have another hit. So Spalding County, Georgia wouldn’t have to trouble the property levies with billable hours. For nothing but a little bit of money.
Naw Kham (or Nor Kham), a Burmese 
Mourthi vigorously maintained his innocence, and his family has 
In the words of the Atlanta Journal-Constitution report, “