[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 14



BULGARIA/LIBYA:

Bulgarian official says Libya likely to impose death sentences in AIDS
trial


A senior Bulgarian official said Thursday that Libya would likely convict
5 Bulgarian nurses and a Palestinian doctor accused of purposely infecting
children with HIV.

Feim Chaushev, the deputy foreign minister who handles the case, said in
his opinion "the death sentences would likely be confirmed," but warned
Bulgaria would not accept such an outcome. "This will be unacceptable and
will trigger a negative international reaction," he said.

Chaushev, however, said a possible conviction would not decide the nurses'
fate. "I don't think the court will acquit them now, but afterward we will
see  there are other levers and mechanisms to solve this problem," he told
reporters.

Libyan prosecutors have demanded death sentences for the five nurses and
the doctor on charges they infected more than 400 children with HIV, the
AIDS virus, at a hospital in the Libyan city of Benghazi. At least 50 of
the children have died.

The 6 medics were convicted on the same charges in 2004 and sentenced to
death. Libya's Supreme Court last year overturned the convictions and
ordered a retrial, which opened in May.

The next hearing is scheduled for Sept. 21, and Chaushev said this would
likely be the last hearing before the court announces its verdict.

Human rights groups and Bulgaria have accused Libya of concocting the
charges to cover up unhygienic practices in its hospitals, and of
extracting confessions by torture.

Europe and the U.S. repeatedly have urged Libya to swiftly release the
Bulgarians, indicating that the case was blocking Libya's efforts to mend
relations with the EU and Washington.

(source: Associated Press)

************

New evidence in Libyan medic trial appears shaky


At the retrial in Tripoli of six medics accused of infecting 400 children
with HIV, a Libyan court has been hearing evidence from four new
prosecution witnesses.

The 5 Bulgarian nurses, and a Palestinian doctor were originally sentenced
to death by firing squad in 1999 for allegedly, deliberately infecting 426
children with the HIV virus that causes AIDS.

Following an international outcry a Tripoli Court of Appeals overturned
the death sentences and ordered a retrial that began in May.

The new witnesses had apparently taken part in the search of the house of
doctor Zdravko Georgiev and his wife Kristiyana Valcheva in 1999 in the
Libyan town of Benghazi and were testifying to the legality of the search.

After becoming confused by the questions of Libyan defense lawyer Osman
Bizanti, one of the witnesses collapsed.

He had claimed the investigators knew about the 'dangerous' blood banks
even before finding them, but a video showing police confiscating blood
banks from the kitchen in the house revealed the banks, labelled as
containing plasma protein, were empty.

For the first time since the retrial of the six began in May, lawyers have
demanded a payout for the infections, which occurred at a hospital in
Libya's Benghazi city in the late 1990s.

The total compensation demanded would total $4.6 billion.

The United States has supported Bulgaria and the European Union in saying
the medics, in jail in Libya since 1999, are innocent.

The case has hindered a return to normal relations between Libya and the
West after decades of hostility and ostracism.

Libyan officials in meetings with diplomats and charity officials in
January, have informally suggested the nurses could go free if Bulgaria
pays compensation to the children and their families.

Bulgaria has refused to pay, but has agreed to join the United States, the
EU and Libya in the creation of an aid fund for the children of whom 50
have already died.

Public anger in Libya is running high over the case, but analysts say the
offer of aid may give Tripoli a face-saving opportunity to free the
nurses.

The accused medics, Palestinian doctor Ashraf Alhajouj and Bulgarians
Snezhana Dimitrova, Nasya Nenova, Valentina Siropolu, Christiana Valcheva
and Valia Cherveniashka have all denied the charges in both their 1st and
2nd trials and have repeatedly testified that they were tortured to make
them confess.

Their torture claims are supported by Bulgaria and its allies and global
AIDS experts say the outbreak at the Benghazi hospital where they worked
began before they arrived.

The group have now been imprisoned for 7 years and have been repeatedly
refused bail.

The retrial was adjourned to Sept 21.

(source: News-Medical.net)






JORDAN:

Jordan sentences 3 to death for planning terrorism attacks


The Jordanian state security court issued on Wednesday death sentences and
imprisonment against 10 militants who were convicted in 2 separate cases
of planning to carry out terrorism attacks in the country, local media
reported.

In the 1st case, 3 were sentenced to death and a 4th was sentenced to 10
years in prison for the guilty of conspiracy to kill Americans who worked
at an Iraqi police training center east of Amman.

In another case, 4 defendants each received 10 years in prison, and two
others were sentenced in absentia to 15 years.

The 6 defendants were convicted of plotting terror attacks at 5-star
hotels and against liquor stores and nightclubs in Amman.

(source: Xinhua)






INDIA:

Muslim bomber guilty of killing 17


An Indian court found Mohammed Ghansar guilty of murder Thursday for his
role in a string of bombings that blasted through the country's commercial
capital, Mumbai, 13 years ago, killing 257 people.

Ghansar, who could face the death penalty, was convicted of killing 17
people by planting a scooter rigged with explosives in a crowded
marketplace.

He has been held without bail since he was arrested shortly after the
March 12, 1993 attacks.

In the expansive case involving 123 men and women, most of them Muslims,
the judge will release verdicts over a series of weeks.

4 people have already been found guilty in the case, while 4 others were
acquitted Tuesday.

7 other defendants accused of planting bombs were set to hear their
verdicts Thursday.

Among the accused is one of Bollywood's best-known actors, Sanjay Dutt.

Dutt, 47, is accused of receiving an AK-47-style assault rifle from an
alleged plotter and spent more than a year in jail. If convicted he could
serve 5 years.

Out on bail since the mid 80s, Dutt recently starred in a film that opened
last month -- "Shoot out at Lokhandwala."

The case involves the country's deadliest string of attacks, which were
believed to have been carried out in revenge for the demolition of a 16th
century mosque in northern India by Hindu nationalists. The mosque's
destruction unleashed a wave of violence that left hundreds dead.

(source: CNN)






IRAQ:

Hussein Trial Prosecutor Asks Judge to Step Down----The lawyer says the
ex-dictator has been allowed to use the court as a bully pulpit. The
jurist disagrees, and grim testimony resumes.


The chief prosecutor in the trial against Saddam Hussein and six
codefendants on genocide charges demanded Wednesday that the presiding
judge step down after an outburst by the former dictator the day before.

Prosecutor Munqith Faroon charged that the presiding judge, Abdullah
Amiri, had shown bias in favor of Hussein by allowing the deposed
president to use the courtroom as a bully pulpit.

"You allowed this court to become a political podium for the defendants,"
the prosecutor told Amiri. "The defendants have gone too far with
unacceptable expressions and words."

The judge, a Shiite Muslim, dismissed the criticism and refused to step
down, arguing that his job was inherently unpopular.

"If the judge is fair, half of society is against him," Amiri said. "We
are all equal in front of the law."

Hussein frequently comments on current events during trial sessions,
suggesting that despite his imprisonment he still keeps a close eye on the
political situation in the country. On several occasions, the former
leader has tried to turn the tables on his accusers, saying they are
trying to divide Iraq.

On Tuesday, he had vowed to "crush the heads" of his accusers, triggering
the prosecution's call Wednesday for the judge to step down.

Faroon's demand came on a day of graphic testimony from Kurds who recalled
chemical bombing attacks against their people in the 1980s, when Hussein's
forces were both at war with Iran and seeking to repress rebellion in
Iraq's Kurdish north.

"I'm sitting here in this court with blind eyes and a burned body," said
42-year-old Omer Mohammed, one of four witnesses testifying about an
attack in 1988. As aircraft dropped their bombs, Mohammed was covered by
liquid chemicals. The sensation, he testified, was "as if boiling water
was being poured on my body."

After the attack, Mohammed learned to sleep on his knees because any other
position was too painful. Burns still cover his body, he said, "from my
chest to my legs."

Hussein and the other defendants face the death penalty if convicted on
charges that they orchestrated the slaughter of as many as 100,000 people
in a crackdown known as the Anfal campaign. The codefendants include
Hussein's cousin, Ali Hassan Majid, who was nicknamed Chemical Ali for his
alleged role in the use of chemical weapons against the Kurds.

Hussein is awaiting a verdict in a separate case in which he and seven
codefendants were charged with killing 148 Shiites after a 1982
assassination attempt against him in Dujayl. The verdict is expected Oct.
16.

(source: Los Angeles Times)






INDONESIA:

Prosecuting the prosecutors


The ongoing showdown within the Attorney General's Office could raise
further doubts about its commitment to law enforcement.

Jakarta Prosecutor's Office chief Rusdi Taher officially challenged
Tuesday a decision by Attorney General Abdul Rahman Saleh to suspend him
in connection with sentence irregularities in the case of suspects caught
with drugs.

The dispute comes on the heels of an incident Monday at the House of
Representatives, in which a student hurled a rotten egg at Deputy Attorney
General for Special Crimes Hendarman Supandji prior to a hearing.

Such disrespect is intolerable. But such acts may also be motivated by
feelings of impatience, frustration or perhaps loss of confidence in the
AGO, which is expected to uphold the law without compromise.

The tension brewing between Abdul Rahman and Rusdi has become the
embodiment of every ailment besetting the AGO. The institution has long
been associated with the country's corrupt judicial system, where justice
has a price.

It is understandable if Abdul Rahman, as the boss, prevented Rusdi on
Monday from clarifying his complaints about constantly being under
"pressure from the top" not to come down hard in certain cases. But Abdul
Rahman cannot hide behind institutional ethics to cover up practices that
would keep him from realizing his post-inauguration pledge to build an
independent law enforcement agency.

Many suspect Rusdi is just a fall guy fighting back but what he has
revealed to the media needs to be verified. The senior prosecutor claimed
that, just 1 1/2 years after taking office, he had repeatedly been
pressured by his superiors or top government officials to help suspects
get light sentences or have their cases dropped.

Rusdi was relieved from his professional duties after the AGO found him
guilty of violating the code of conduct for prosecutors. The AGO's
internal affairs office had discovered 2 drafts of a sentence demand for
Hariono Agus Tjahjono, who was on trial for trafficking 20 kilograms of
shabu-shabu or crystal methamphetamine. Rusdi denied having ordered the
prosecutors in charge of the case to seek 3 years' jail, far from the
maximum penalty of death.

Letting the cat out of the bag, Rusdi said top officials at the State
Secretariat had put pressure on him to drop a corruption case in the deal
to use state assets in Kemayoran for business interests involving
businesswoman Hartati Murdaya. He also said the deputy attorney general
for special crimes had asked him to seek 1 1/2 years' jail for Jakarta
Elections Commission chief M. Taufik in a graft case.

Not long ago, 2 prosecutors faced a disciplinary hearing for allegedly
extorting Ahmad Djunaidi, the former president director of state social
security firm Jamsostek, in exchange for a light sentence. Police have
named the prosecutors suspects and detained them, pending their trial.

The so-called court mafia -- involving prosecutors, judges, court clerks
and lawyers -- has made its presence felt, but most of the time it is
difficult to prove its existence. Only a few cases have been brought to
justice.

If true, Rusdi's claims are another blow to efforts to restore the
credibility of the AGO, which in the past served the interests of the
regime.

Hopes were high when Abdul Rahman was appointed as attorney general 2
years ago that he would lead his 7,000-strong force to instigate change.
As a former lawyer with a legal aid institute, many had absolute faith in
Abdul Rahman's integrity and sense of justice.

It is hoped that Rusdi's suspension will kick start a formal probe into
allegations that he arranged a lenient sentence demand for drug suspect
Hariono, as well as into other practices by state prosecutors that have
been brushed under the carpet.

Poor law enforcement not only takes away opportunities for justice to
prevail, but undermines the country's recovery program as a whole.
Inconsistent law enforcement has scared away investors, resulting in job
losses.

Too much is at stake if law enforcers fail to come clean.

(source: Editorial, Jakarta Post)






PERU:

Peru's Prelates Reaffirm Death Penalty Stance


As Peruvians debate a proposal to apply the death penalty to individuals
who sexually assault and murder minors, the country's bishops have urged
unconditional respect for human life.

In a communiqu, the bishops underlined the primacy and inviolability of
human life, stressing that no one can do away with his own or another's
life, as this is a grave offense against God, the sole owner of life.

"The value of human life, including that of the sinner, is very important
for God," the episcopal document states.

It mentions as an example a Gospel passage, John 8:8, in which Jesus seeks
a change in the way of living of the adulterous woman rather than resort
to the death penalty, which the law prescribed.

"The state has the responsibility to protect life, especially that of the
defenseless, but this duty -- an expression of legitimate defense -- does
not imply the use of violence," says the communiqu. It adds that the state
must "defend the public order and people's security and contribute to the
correction of the guilty one."

(source: Zenit News Agency)