Jan. 19
UGANDA:
Death Penalty Petition Hearing Today
Hopes by hundreds of condemned prisoners to survive the hangman's rope
were temporarily thwarted after the Constitutional Court Registrar, Mr
Joseph Murangira, announced the hearing of the petition could not proceed
because a presiding judge, Ms Constance Byamugisha, was sick.
"There is no judge here. One of the judges who forms a quorum to this
case, Justice Byamugisha, is sick with malaria. So the case will be heard
on Wednesday," he told a fully packed courtroom.
About 417 prisoners on the death row want the court to scrap the death
penalty. The convicts are represented by 5 of their colleagues Susan
Kigula, Fred Tindigwihura and Ben Ogwang.
Katende & Sempebwa Advocates represent the petitioners.
The Court of Appeal comprising 5 judges led by Justice Alice
Mpagi-Bahigeine on Monday failed to hear the case because their colleague
was sick.
Other judges on the panel are Justices George Engwau, Christine Kitumba,
and Amos Twinomujuni.
The Executive Director of the Foundation for Human Rights Initiative
(FHRI), Mr Livingstone Ssewanyana, said the NGO was funding the petition
because they are opposed to the death penalty.
The petitioners are challenging the legality of various sections of the
Penal Code Act and the Anti-Terrorism Act which provide for a death
sentence.
The petitioners say the death sentence constitutes torture, cruel and
inhuman or degrading form of punishment which is prohibited by the
Constitution.
The inmates are seeking a declaration that the death sentence is
unconstitutional and should be expunged from the law books.
The Commissioner General of Uganda Prisons, Mr Joseph Etima, the Deputy
Commissioner General, Mr David Byabashaija, assistant Commissioners of
Prisons, Mr Moses Wagaba and Mr David Nsalasatta, were some of the people
who swore affidavits supporting the petition.
(source: The Monitor)
IRAN:
URGENT ACTION APPEAL
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UA 14/05 Fear of imminent execution 19 January 2005
IRAN Ali [surname unknown] (m), aged 16
Ali, a 16-year-old student, may be at risk of imminent execution
for the murder of another student in his high school, which took
place between mid-January and mid-February 2003. Amnesty
International has recently learned that Ali was sentenced to death
in June 2004, and his sentence has already been confirmed by the
Supreme Court.
According to a report in the daily newspaper E'temad, Ali and
his classmate Milad [surname unknown], were responsible for
keeping discipline among their fellow pupils at the high school.
On the day of the incident, the victim, 16-year-old Mazdak
Khodadadian, had arrived late for his lessons having left some
important belongings (jamamadi-esh) at home. Milad ordered
him to speak to the school's head teacher (nazem). At the request
of Mazdak Khodadadian, Ali and Milad met him at the school
gate at the end of the day. According to Ali's testimony, Mazdak
Khodadadian started an argument with the two young boys and
hit Ali. Ali, who was carrying a knife in his pocket, reportedly
lunged at Mazdak Khodadadian but did not realize he had
stabbed him. It is only when Ali heard the shouting of the
students who had gathered around them that he realized that
Mazdak was wounded. Mazdak Khodadadian was transferred to
hospital and later died from his injury.
The case reportedly went before Branch 122 of the Karaj
General Court, where the head of the Special Court for Children
(Dadgah-e Vije-e Jora'yem-e Etfal) sentenced Ali to death, or
qesas (retribution). Milad was sentenced to 3 years'
imprisonment for his participation in the incident. Branch 27 of
the Supreme Court has reportedly upheld Ali's sentence, though
Amnesty International is unaware of the date when this occurred.
It is thought that Ali remains in detention, awaiting execution.
BACKGROUND INFORMATION
According to a 15 January 2005 report on the internet news site,
ILNA, at least 30 other individuals under the age of 18, who
have been sentenced to death, are currently detained in a juvenile
detention center (Kanoun-e Eslah va Tarbiyat) in Tehran and
Raja'i Shahr, a town close to Tehran.
As a party to the International Convention on Civil and Political
Rights, Iran has undertaken not to execute anyone for an offence
committed when they were under 18 years old. For the last three
years, Iranian authorities have been considering legislation that
would prohibit the use of the death penalty for offences
committed under the age of 18. Article 41 of this law requires
the authorities to have child offenders examined by psychiatrists
and social workers.
Iran has executed at least three child offenders in 2004. In
addition to this, on 12 November 2004, a 14-year-old boy died
after receiving 85 lashes for eating in public during the Muslim
holy month of Ramadan. According to unconfirmed reports, the
metal cable used to flog him struck the back of his head, causing
a brain hemorrhage.
Amnesty International opposes the death penalty as the ultimate
cruel, inhuman and degrading punishment, in violation of the
Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights (ICCPR), to which Iran is
a state party. Article 6 of the ICCPR states: ''Sentence of death
shall not be imposed for crimes committed by persons below
eighteen years of age''.
RECOMMENDED ACTION: Please send appeals to arrive
as quickly as possible:
- stating that Amnesty International recognizes the rights and
responsibilities of governments to bring to justice those
suspected of criminal offences, but opposes the death penalty as
the ultimate cruel, inhuman and degrading punishment;
- reminding the Iranian authorities of their commitment to the
International Covenant on Civil and Political Rights (ICCPR),
which states that ''sentence of death shall not be imposed for
crimes committed by persons below eighteen years of age'', and
to the Universal Declaration of Human Rights, in particular
Article 3: AEveryone has the right to life, liberty and security of
person@;
- urging that the death sentence imposed on Ali and all those
who were sentenced to death for acts that may have been
committed below the age of 18 be commuted immediately;
- urging the authorities to ensure that the victim's family are
made aware of its right, under Islamic law, to pardon the
condemned;
- urging the Amnesty and Clemency Commission (Komisyon-e
'Afv va Bakhshoudegi) to recommend a pardon or the reduction
of Ali's sentence;
- seeking trial details of the case against Ali, including details of
his legal representation and the appeals against his conviction.
APPEALS TO:
Leader of the Islamic Republic:
His Excellency Ayatollah Sayed 'Ali Khamenei
The Presidency
Palestine Avenue, Azerbaijan Intersection
Tehran, Islamic Republic of Iran
Fax: 011 98 21 649 5880 (please mark 'For the attention of
the Office of His Excellency, Ayatollah al
Udhma Khamenei, Qom)
Email: [email protected]
Salutation: Your Excellency
Head of the Judiciary:
His Excellency Ayatollah Mahmoud Hashemi Shahroudi
Ministry of Justice
Park-e Shahr
Tehran, Islamic Republic of Iran
Email: [email protected] (mark 'Please forward to
HE Ayatollah Shahroudi')
Salutation: Your Excellency
President:
His Excellency Hojjatoleslam val Moslemin Sayed Mohammad
Khatami
The Presidency
Palestine Avenue, Azerbaijan Intersection
Tehran, Islamic Republic of Iran
E-mail: [email protected] (please resend your message if
it does not get through the first time)
Salutation: Your Excellency
The Clemency and Amnesty Commission of the Judiciary:
The Secretariat of Clemency and Amnesty Commission
Clemency and General Amnesty Department of the Judiciary
General Department of Criminal Records
Ground Floor, Justice Administration Building
Opposite Park-e Shahr
Tehran, Islamic Republic of Iran
Iran does not presently have an embassy in this country. Instead,
please send copies to:
Iranian Interests Section
2209 Wisconsin Ave NW
Washington DC 20007
Phone: 202 965 4990
Fax: 202 965 1073
Please send appeals immediately. Check with the Colorado
office between 9:00 am and 6:00 pm, Mountain Time,
weekdays only, if sending appeals after March 2, 2005.
Amnesty International is a worldwide grassroots movement that
promotes and defends human rights.
This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable). Thank
you for your help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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