April 27
YEMEN:
Amnesty urges stop to execution of Yemeni mother
Amnesty International appealed on Wednesday to Yemen's government for
leniency for a Yemeni mother who faces execution by firing squad 2 years
after the death sentence was postponed because she became pregnant.
The human rights group urged concerned people around the world to contact
Yemen's President General Ali Abdullah Saleh and the government to appeal
for the death sentence on Amina Ali Abduladif, due to be carried out on
May 2, to be commuted.
It said Abduladif had been convicted of murdering her husband in January
1998 when she was just 16 although the Yemeni Criminal Code prohibits the
death penalty against anyone convicted of crimes committed under the age
of 18.
She had been tortured to make her confess and has since maintained her
innocence, the group said, while her lawyer said her pregnancy was due to
her being raped by a guard at al-Mahaweet jail. The child, whose sex was
not disclosed, has been in the care of Abduladif in prison.
"While Amnesty International recognises the right and responsibility of
governments to bring to justice those suspected of recognisably criminal
offences, it is unconditionally opposed to the death penalty," it said.
Amnesty also called on the government of Yemen to investigate the
circumstances of the pregnancy and make sure she was treated properly.
(source: Reuters)
PALESTINIAN AUTHORITY:
The Palestinian Authority's Plans to Reinstate Executions
Since the Palestinian Authority was established, dozens of citizens have
been found guilty of treason by its civil, military, and state security
courts. The offenses have included passing information to foreign
countries, murder and rape. Many of the guilty Palestinian civilians have
been sentenced to death by firing squad. [1] However, to date only a few
of these death sentences have actually been carried out.
According to the Basic Palestinian Law, which serves as the interim
Palestinian constitution, "the death sentence will not be carried out by
any court except after being approved by the president of the Palestinian
National Authority." [2] During his rule, previous PA Chairman Yasser
Arafat approved a small number of executions; now, the cases of those
condemned to death await the approval of PA Chairman Mahmoud Abbas (Abu
Mazen). [3]
Approval of Executions in the Context of the PA's Reform Program Recently,
a number of leading Palestinian officials announced the PA's intention to
carry out pending death sentences. Northern Gaza Governor Sakhr Bsiso
announced that Abu Mazen recently approved [the carrying out of] a number
of death sentences. [4] As the Palestinian Justice Minister Farid
Al-Jallad explained, "The PA will carry out the death penalty with regard
to a number of Palestinians accused of collaboration and passing
information to Israel." [5] Military Justice System Director Saeb Al-Qidwa
even announced that "the executions will be carried out by the security
apparatuses, under the supervision of the civil and military judicial
apparatuses." [6]
It should be noted that the Palestinian Minister of Justice Farid
Al-Jallad and the Mufti of the PA Ikrima Al-Sabri explained that those who
were sentenced to death, especially those sentenced by military courts for
expedited justice and state security courts that were abolished in July
2003, can turn to the Palestinian cabinet to request a retrial. According
to Al-Jallad, the Palestinian Ministry of Justice has already received 2
such requests. [7]
The Palestinian factions and the families of the crime victims have been
pressuring the PA to carry out the executions. Thus, for example, on
February 5, 2005, a group of some 100 gunmen burst into a Palestinian
Legislative Council session in Gaza, expelled the police personnel who
were present, and took over the building. According to an investigation of
the incident by the Al-Mezan Human Rights Center, the gunmen were
representing a group of families who had lost members in violent incidents
in the PA, and they had burst into the building to pressure the PA to
execute their relatives' murderers. According to the investigation's
findings, the group left the building after a brief meeting between Abu
Mazen and the heads of the families. [8]
The Union of Palestinian Ulama urged Abu Mazen to quickly approve the
executions "in order to prevent bloodshed, to curb the domestic social
situation, and to act to guarantee security and the stability of the
regime." [9]
Abu Mazen's intention to carry out executions is perceived as an attempt
to enforce the rule of law in the PA. Recently, there have been many
incidences of blood vengeance in the PA by families of murder victims,
because the death sentences were not being carried out and some of the
criminals were even walking free instead of being imprisoned. [10]
Member of Fatah and PLC: Executions Restore "Atmosphere of Security and
Tranquility"
Senior Palestinian officials noted that the executions were to be carried
out in the context of the implementation of reforms in the PA, and that
this measure was aimed at ending the anarchy and giving Palestinian
citizens a sense of security. Abbas Zaki, member of the Fatah Central
Committee and of the Palestinian Legislative Council, said that Abu
Mazen's approval of executions was part of "a long list of measures to be
carried out in the context of the reform and growth program, and it was
aimed at bringing an atmosphere of security and tranquility to the
homeland and to the citizens, and to provide the required protection for
the citizens and their property." He stated, "[Dealing with] these issues
cannot be postponed Moreover, carrying them out will show the degree of
internal cohesion and the sincere intention of all to march towards reform
and to attempt to restore respect for the law and the judicial system and
their independence." [11]
Director of the Military Justice System Saeb Al-Qidwa told journalists in
Gaza that carrying out the death sentences would "help in instituting
security" The security anarchy existing today requires a radical
solution." [12]
Political commentator Talal Awkal explained that Abu Mazen's move to carry
out the pending executions proves that he is "serious [in his intention]
to advance towards domestic reform, particularly at the judicial level."
The goal behind this move is to strengthen the judicial system, to deter
those who take the law into their own hands, and to prove that the
[Palestinian] Authority is serious in its measures to restore order and to
put an end to the anarchy." [13]
Executions Approved After PA Mufti Agrees
Before approving the carrying out of death sentences, Abu Mazen consulted
with PA Mufti Sheikh Ikrima Sabri. According to Abbas Zaki, Abu Mazen
passed the files of 51 condemned men on to Sabri and official religious
authorities, "instructing them to quickly study the cases and rule on them
in the shortest possible time, since it is not possible to defer or delay
[dealing with] issues of this kind." [14]
According to Director of the Military Justice System Saeb Al-Qidwa, Sabri
has so far approved approximately 15 executions; however, a source close
to the Mufti told Al-Jazeera TV that Sabri had approved only five. [15]
Sakhr Bsiso said that after receiving the Mufti's approval, Abu Mazen
approved several executions. [16]
Ikrima Sabri told the Palestinian daily Al-Hayat Al-Jadida that he saw Abu
Mazen's passing the cases on to him as a reflection of "a desire on the
part of the Palestinian leadership to ask for the opinion of the Islamic
Shari'a in order to reinforce its legal position, so that innocent people
not be punished and so that justice be done" The Islamic Shar'ia considers
the killing of a man [as equivalent to] the killing of [the entire]
society, as stated in Verse [32] of Chapter Al-Maida [Chapter 5]: 'Whoever
killed a human being, save as punishment for murder or moral corruption in
the land, shall be regarded as having killed all mankind; and whoever
saved a human life, it shall be as if he saved all mankind;' and as Allah
said [Koran 2:179]: "In [the law of] retaliation there is life for you."
This means that Allah emphasized that carrying out the death penalty for a
criminal who committed premeditated murder is aimed at protecting society
and preventing people from wreaking vengeance and taking the law into
their own hands." [17]
Human Rights Organizations Oppose Executions
Palestinian human rights organizations oppose carrying out the executions,
even claiming that some of the trials of the condemned men had not been
fair at all. The Palestinian Center for Human Rights in Gaza stated that
the death penalty was "one of the most abhorrent of punishments, and
action must be taken to abolish it throughout the world, particularly in
Palestine, because it contradicts the right to life." Abolishing this
punishment does not mean indulging those accused of serious crimes,
including collaborators, but rather that we must think of punishments that
deter and at the same time preserve our humanity." [18]
Yasser Alawna, coordinator of The Palestinian Independent Commission for
Citizens' Rights (PJCCR), which is located in the northern West Bank,
explained: "I personally am against carrying out death sentences,
particularly since we have documentation that in a number of cases someone
was executed who later turned out to be innocent, and the verdict had been
handed down [only] to placate local public opinion." Carrying out the
[death] sentence will mar the image of the [Palestinian] Authority,
particularly since it has stated in its Basic Law that it is bound by
international laws and norms protecting human rights." According to
Alawna, "we must use all [legal] processes to assure a clean and fair
trial for all accused, such as giving them the right to defend themselves,
to appoint attorneys for them, and that [their cases] be first presented
to the prosecution, [19] [to allow] monitoring of their investigation, and
also [to give them] the right of appeal. [Similarly,] the most important
thing is that they be tried in civil, not military, courts." [20]
Director of the Judicial Department of The Palestinian Independent
Commission for Citizens' Rights Hussein Abu Hanoud, explained that like
the rest of the human rights organizations, his organization is calling
for the abolition of the death penalty. He also criticized the state
security courts which, he says, "do not guarantee a fair trial to people
who have been sentenced to death." [21]
On February 17, the Palestinian Human Rights Monitoring Group issued a
press release in English stating: "On Monday, February 14, 2005, Sakher
Bseso, the governor of Gaza, announced that President Mahmoud Abbas (Abu
Mazen) had transferred 51 civil and military cases of persons that had
been sentenced to death to the Mufti (interpreter of Islamic law) of
Jerusalem, Sheikh Akermah [Ikrima] Sabri. President Abbas gave the
responsibility to Sheikh Akermah [Ikrima] Sabri to decide whether to
execute them or not.
"According to our statistics, 68 Palestinians had been sentenced to death
since the establishment of the Palestinian Authority (PA) in 1994. Of the
68 cases, execution was implemented on 6 people and 4 others were shot to
death by Palestinian gunfire.
"The PHRMG believes that it is a confusing situation that Abu Mazen still
considers those 51 cases as open cases while they are supposed to be
closed ones. The 68 Palestinians were already sentenced to death at the
time of the former President Yasser Arafat. President Abu Mazen owes us an
explanation to his decision. Is he breaking the Palestinian law that
states death penalty to those cases? Or does he think that Yasser Arafat
made an unfair decision by sentencing them to death?
"Since the establishment of the PA in 1994, 221 Palestinians were killed
as a result of Palestinian gunfire, where others were killed as a result
of stabbing and beating. Moreover, 100 Palestinians were killed in the
street for being suspected collaborators. The PHRMG asks President Abu
Mazen whether he will take a position in all theses cases. The PHRMG
demands from President Abu Mazen to take a serious action against all the
violence that was committed by Palestinians, to ensure security and safety
among the Palestinian people. The Palestinian future will always be
threatened if an action against violence was not taken immediately." [22]
Palestinian Authority Mufti Ikrima Sabri criticized the human rights
organizations' protests against the intent to carry out executions,
saying: "Silence [about] or forgiving crimes of murder will lead to
flare-ups, lack of restraint, and [acts of] vengeance. Thus, the
opposition by those known as human rights organizations [to carrying out
executions] is inappropriate - particularly in light of the fact that this
encourages the spread of crime." He said that these associations must
"turn to [dealing with] the inhuman acts being carried out by the
occupation against the Palestinians, such as women giving birth at the
roadblocks, the razing of homes, the killing of children, and the
uprooting of trees." Where is the human rights [groups'] stand vis-a-vis
these crimes?" [23] *Y. Yehoshua is Director of Research at MEMRI
--------------------------------------------------------------------------------
[1] Al-Hayat (London), February 16, 2005.
[2] Al-Hayat (London), February 16, 2005.
[3] Al-Hayat (London), March 3, 2005.
[4] Al-Hayat (London), February 16, 2005.
[5] Al-Riyadh (Saudi Arabia), March 12, 2005.
[6] Al-Hayat (London), March 3, 2005.
[7] Al-Quds Al-'Arabi (London), March 13, 2005.
[8] www.amin.org, February 10, 2005.
[9] Al-Quds (Jerusalem), February 12, 2005.
[10] Al-Hayat (London), February 16, 2005
[11] Al-Risala (PA), February 17, 2005.
[12] www.aljazeera.net, March 3, 2005.
[13] The online newspaper Donia Al-Watan (PA), February 22, 2005.
http://www.alwatanvoice.com/articles.php?go=articles&id=17700.
[14] Al-Risala (PA), February 17, 2005.
[15] www.aljazeera.net, March 3, 2005.
[16] Al-Hayat (London), February 16, 2005.
[17] Al-Hayat Al-Jadida (PA), March 19, 2005.
[18] Al-Risala (PA), February 17, 2005.
[19] The intention is apparently to the fact that it is often the
investigators who bring the accused to court without the prosecution
drawing up an indictment.
[20] Al-Risala (PA), March 10, 2005. The online newspaper Donia Al-Watan
(PA), February 22, 2005.
http://www.alwatanvoice.com/articles.php?go=articles&id=17700.
[21] Al-Hayat Al-Jadida (PA), March 19, 2005.
[22]
http://www.phrmg.org/pressrelease/2005/Press%20Release%20Abbas%20and%20right%20to%20execution%20-%20Feb.%2017,%2005.htm.
[23] Al-Hayat Al-Jadida (PA), March 19, 2005.
(source: Middle East Media Research Institute)
JAPAN:
Hiroshima man gets death sentence for 2 insurance murders
The Hiroshima District Court sentenced a former company president to death
on Wednesday for killing his stepfather and wife in the city of Hiroshima
to obtain a total of 73 million yen in life insurance money.
According to the ruling, Kiyotaka Oyama, 43, hit his stepfather Tsutomu,
then 66, on the head with a dumbbell at a parking lot in the city in
October 1998 in an attempt to obtain 70 million yen in insurance money.
Tsutomu died in January 1999. Oyama also drowned his wife Hiromi, 38, in
the bathtub at their home in the city to obtain 3 million yen in insurance
money, the ruling said.
(source: Kyodo News)
INDIA:
India Court Finds 7 Guilty in U.S Center Attack
An Indian court convicted 7 men Tuesday for killing 5 policemen who were
guarding U.S. government offices in the eastern city of Calcutta more than
3 years ago, an official said.
The policemen were killed when 2 gunmen on a motorcycle opened fire with
automatic weapons outside the American Center that houses U.S. trade and
cultural offices.
Another 17 people, mainly policemen, were wounded.
"The 7 accused were convicted on charges of waging war against the
state...," Public Prosecutor Ashok Bakshi told reporters outside the
high-security Presidency jail, where the men were held.
He said Judge Basudeb Majumder, who held court hearings inside the jail
due to security concerns, would announce sentences Wednesday for the 7
men. Within days of the attack, police gunned down two men who officials
said were members of the Pakistan-based Lashkar-e-Taiba militant group,
adding that one of dead men had taken part in the Calcutta raid. The other
is still missing.
The 7 men convicted Tuesday face either long jail terms or the death
penalty under Indian law.
"They decided to attack and kill policemen wherever they could but chose
the (American) Center to get appreciation and publicity," Bakshi told
Reuters.
He said that the mastermind of the attack -- gangster Aftab Ansari who was
part of the 7 convicted Tuesday -- planned the raid to avenge the death of
a close associate killed by police in an earlier shootout.
Bakshi said Ansari also had links with terrorist groups like Al-Qaida and
outlawed Lashkar-e-Taiba -- charges Ansari and his lawyers have denied.
"My clients have been falsely implicated and we will go for an appeal
after seeing the quantum of punishment tomorrow," defense lawyer Syed
Shahid Iman told Reuters.
The U.S. Federal Bureau of Investigation has said the attack on policemen
guarding the American Center was far more likely the result of a criminal
gang's vendetta against local police than a terrorist strike, as said by
Indian security agencies.
(source: Reuters)
TRINIDAD & TOBAGO:
Panday against death penalty
Opposition Leader Basdeo Panday is against instituting the death penalty
for kidnapping. "We have the death penalty for murder and it does not seem
to be having any effect on the murders of this country. So I do not
believe that by necessarily introducing the death penalty for kidnapping
that that will prevent it."
He said, "What I think the government has got to do is to deal with the
whole question of crime in Trinidad and Tobago and that is what it has
been unable to do."
He said, "We did not have the death penalty when we kept kidnapping down
(during the UNC term in government between 1995 to 2001)."
Panday said, "So the introduction of the death penalty will not
necessarily reduce kidnappings as we have seen with the cases of murder."
He said, "The Government must disassociate itself from criminals. It is
the PNM who brought about this situation, they must never forget that.
They brought about this situation because they hug up and kiss the
criminals, they used them to win elections, to terrorise people."
Panday asked: "How do you undo that unless you remove this government. The
answer to crime is the removal of this government."
Pointe-a-Pierre MP Gillian Lucky is also not in favour of having the death
penalty for the offence of kidnapping. She said, "Stiffening the penalties
for the offence of kidnaping at this stage will not act as a deterrent nor
will it solve the problem of escalating crime. This is because there is a
low level of detection of criminal activity because the government is not
dealing with the situation in a competent, effective, efficient and
forthright manner."
Lucky said, "As a result criminal activities continue to escalate and the
government continue to play the blame game."
Barataria/San Juan MP Dr Fuad Khan is in agreement with the death penalty
for the offence of kidnapping, However, he stressed that for the death
penalty to be instituted there must be categories of kidnapping.
He said he was for the death penalty for kidnappings where the victims
were hurt, violence used against them or they were placed in a hole and
tortured.
Khan, who along with Pointe-a-Pierre MP Gillian Lucky declared himself an
independent UNC MP, feels that before the kidnappers were executed by the
state they should be also hurt in the way they had hurt their victims.
He said other categories of kidnapping that should not have the death
penalty should be where because of domestic disputes or other amorous
behavior people are held captive but were not physically hurt.
Stressing his support for the death penalty for kidnapping, Khan asked,
"Malaysia has the death penalty for drug trafficking. Do they have a drug
problem?"
Attorney Jawara Mobota generally the whole question of capital punishment
is for murder. He said he could not subscribe to a policy to have the
death penalty for kidnapping. He said the law enforcement authorities
should be more efficient in the apprehension of kidnappers and therefore
deter people for committing that crime.
He said, "If it is kidnapping today, it could be something else tomorrow,
rape, for example, which I think is more reprehensible that kidnapping.
Therefore, I think we should only keep kidnapping for the taking of a
life."
Senior Counsel Hendrickson Seunath said he will support the death penalty
for kidnapping but it must be for ransom and not where, for example, a
father takes away his child from his mother during the course of a
domestic matter.
He said he also supported no bail for people charged with the offence of
kidnapping but stressed he will only support no bail with speedy trials.
Seunath said 6 weeks was a reasonable time in which to have a trial after
an accused kidnapper has been charged. "Why not put everything else aside
to have these trials. The whole society is under stress because of
kidnapping we do not know who could be next because they are now
kidnapping people for $1,500."
Attorney Anand Ramlogan said he was not in support of the death penalty
for any crime including kidnapping. He said, "What I do support is a
revised penal system to ensure that prisoners are properly rehabilitated
whilst being responsibly monitored and supervised."
Ramlogan said, "Prisoners should be placed in a secured area in the forest
and taught to plant crops which will be sold and the proceeds of which
will be paid to the victims or his surviving dependents."
He said a percentage of the income will also be paid to the prisoners'
dependents such as the pregnant girlfriend.
Ramlogan said, "What I support, therefore, is something much more deadly
than the death penalty - that is you have to work. A work ethic is very
therapeutic and it may give the prisoner something to live for.
Gail Merhair, president f the San Juan Business Association, feels that
"one must bear in mind that hanging is part of the law of Trinidad and
Tobago and in this regard, if it has been proven that a kidnapper has
kidnapped a victim, causing bodily harm, sexual assault or abuse, yes I
think they should be hanged!"
Azard Ali , vice president of the Chaguanas Chamber of Industry and
Commerce said hanging has not been a deterrent in this country. Anything
which would stem kidnapping is the way to go. The charge for murder is
hanging and there are numerous people waiting in line to be hanged, so
there is no guarantee that hanging would be a deterrent for kidnapping ."
(source: Trinidad & Tobago Express)
