[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

July 14



PAKISTAN:

Pak AG unsure about decision on commuting death sentences


The Pakistan government's decision to commute all death sentences to life
term that revived hopes of freedom for Indian prisoner Sarabjit Singh has
been caught in legal wranglings with the Attorney General on Monday
seeking more time to explain the state's stand on the issue after the
Supreme Court questioned the move.

The apex court adjourned the hearing for 2 weeks after Attorney General
Malik Qayyum pleaded that as Prime Minister Yousuf Raza Gilani and Law
Minister Farooq Naek were unavailable, the issue could not be discussed
with them.

A 3-member bench headed by Chief Justice Abdul Hameed Dogar is hearing the
case after taking notice of news reports about the government's move to
commute the death sentences of about 7,000 convicts. Gilani announced the
proposal on the birth anniversary of slain former premier Benazir Bhutto
last month, sparking a heated debate over the death penalty, with several
religious parties and groups opposing the move.

They argued that only families of victims have the right to revoke the
death sentence and not the government.

During today's hearing, the Chief Justice asked the Attorney General
whether the government had made a final decision on commuting death
sentences.

Qayyum replied that he was unsure about this matter. He also said he was
not in a position to make a categorical statement as the Prime Minister
and Law Minister were not available for consultations.

Gilani had made a statement on the issue in National Assembly and the
matter is yet to be discussed, Qayyum said.

The decision had revived hoped of freedom for Sarabjit Singh, who has been
languishing in Pakistani jails for 17 years after being sentenced to death
for his alleged role in 1990 blasts in Lahore and Multan.

(source: PTI)






IRAN:

"Even the President cant stop executions in Iran"


Iran authorizes the execution of delinquent minors in the name of Islam,
contrary to international law. The President of the International
Association of Youth and Family Judges and a judge at the Special Court
for Sierra Leone, Renate Winter, shares her experience with Irans judicial
system.

Interview by Carole Vann/Human Rights Tribune  Islamic law does not
embrace international law in Iran, even in cases covered by conventions
ratified by the government, such as that regarding the execution of
minors. According to Amnesty International, nearly 150 minors are
currently to be found on death row. Four of them face execution in the
coming days. Renate Winter has had frequent experience working with
Iranian judges.

Can you explain this distinction between 'execution' and 'reparation'
according to Iranian law?

Iranian law does not specify the death penalty (edam in Farsi) for persons
under 18 years of age. On the other hand, there is the matter of
reparations (qisa) for delinquents between 15 and 18 years of age and
according to Islamic law, reparation in the case of homicide is the death
penalty. The victims family members may pardon the killer or accept an
indemnity instead of execution but there is no obligation to do so. At
present, Iranian law authorizes application of the death penalty  under
'reparation' in cases of homicide or other infractions  for girls as young
as nine and boys of 15. A younger child could also be condemned to death
if the judge on the case considers the delinquent is past puberty.

Do any alternatives exist?

Judges may try and propose mediation between the victims family and the
murderer. They may seek to convince the family to accept another form of
punishment, such as a public apology or money. But often the men of these
families refuse to accept money as compensation for death. They claim that
honor does not allow them to accept money for the death of their sons.

What effect can international pressure have? If UN Secretary-General Ban
Ki-Moon directly addressed the Iranian President, could this stop such
executions?

As I already said, only the family can commute the death penalty in favor
of another. The decision is in their hands. Even the President does not
have this power in Iran. It is useless to ask the head of state to issue a
pardon if he does not have the power to do so.

Then what good will the current campaign against the death penalty for
minors accomplish?

The campaign is also addressed to the countrys leaders. Even if their
margin of action is limited, they could try and persuade the population
that the reputation of the country is also at stake, not just their own.

Are Iranian judges and lawyers aware of the depth of the problem?

Absolutely. I have not encountered a single judge in Iran who has not done
everything in his power to convince families to renounce capital
punishment. They have even resorted to going around the law. A judge can
consider that a person has the physical, but not psychological signs of
puberty (and is therefore not an adult). He may even seek expert opinion.

Iran has the saddest record of executing minors in the world. Can one say
that Iranian law is worse than in other countries that also apply Islamic
law?

On the contrary it is less so because state law does exist which is not
the case in Saudi Arabia, for example, where only Sharia law reigns which
is not even written down thus giving a wide margin of interpretation for
judges.

(source: Human Rights Tribune)