July 10 BULGARIA/LIBYA: Families of Libya death-row nurses demand acquittal The families of 5 Bulgarian nurses on death row in Libya over an Aids infection controversy demanded that the women be acquitted when their final appeal is heard in Tripoli Wednesday. The families of Snezhana Dimitrova, Nasya Nenova, Valya Cherveniashka, Valentina Siropulo, and Kristiana Valcheva also say that a new death sentence followed by an expected pardon later would not be justice for the 5. "My mother is categorical: she was taken to prison innocent and wants to go out innocent. I agree," Ivailo Nikolchovski, son of Dimitova, said. The 5 nurses and a Palestinian doctor have twice been sentenced to death on charges of injecting more than 400 Libyan children with Aids tainted blood at a hospital in Benghazi. 56 of the children have since died. The European Union has led negotiations over compensation for the remaining children and their families but the talks are stalled. The 6 death row inmates are meanwhile appealing to Libya's supreme court on the basis of testimony by international health experts, including pioneering French Aids researcher Luc Montagnier, who say that the epidemic in Benghazi broke out before the Bulgarians arrived. The supreme court is Wednesday expected to uphold the death penalty. The next stage could then be a compensation package to the childrens' families so that Libya's Supreme Judicial Council commutes the execution verdicts to prison terms. The nurses and the doctor, who was recently granted a Bulgarian passport, would then be able to serve out their sentences in Bulgaria, which has a prisoners exchange agreement with Libya. Dimitrova was arrested in 1999. Her son, 34, works as a temporary driver to make ends meet. He has a 7-year-old daughter but does not live with the child or her mother. Instead, he shares a modest apartment in Sofia neighborhood with his father and sister. His own apartment was sold and the money spent to arrange his mother's trip to Libya, where she hoped to find a well-paid job to support the whole family. "The tragedy made me much more sensitive," Nikolchovski said. He cannot believe "that in the 21st century there could exist such a nightmare and that most countries can accept it due to their business interests in Libya." Zorka Anachkova, mother of Valcheva, said that Libyan leader Muammar Gaddafi should clear the nurses. "If Kristiana has to come back to be imprisoned again here, I would die from the injustice," she said. Anachkova said that her daughter had been tortured by Libyan police. "She was interrogated naked and blindfolded in a center for dog training. She was beaten. When she passed out they brought her round by electric shocks. One policeman put out his cigarette on her toenails. When she begged for water one of the prison guards forced her shoe in her mouth. She was drugged. I wonder how she survived," Anachkova said. The family of Valentina Siropulo also angrily demands justice. "She has to be acquitted so that everyone can verify her innocence. This nightmare has to end," said sister-in-law Tsvetanka Siropulo. When Siropulo left for Libya, her son Lyubomir was a high-school student. He is now doing a master's degree in information technology in Sofia. "Many of his exams coincided with the hearings of the Libyan court. The hardship made him more independent, taught him to fight on his own. His successes lend courage to his mother," Tsvetanka Siropulo said. In the small mountain town of Kotel in central Bulgaria, Nenova's mother, Stanka Stoynova, could not stop crying. "She is innocent but if the Libyans do not recognize that, any solution will be good, provided that it brings her back," the retired biology teacher, who is in frail health, said between sobs. (source: Middle East Times) IRAN: Woman faces stoning for adultery----Man already reportedly stoned to death last week Amnesty International has issued an 'urgent action' appeal on behalf of a woman in Iran who is facing imminent death by stoning for adultery. This comes days after a man, described as the woman's partner, was reportedly stoned to death last week. The woman, Mokarrameh Ebrahimi, aged 43, was convicted along with Ja'far Kiani of adultery more than 10 years ago and both had been imprisoned for 11 years in Choubin prison, in Qazvin province, north-west Iran. Their two children, one of whom is aged 11, are believed to live in prison with their mother. Mokarrameh Ebrahimi and Ja'far Kiani were convicted under article 83 of Iran's penal code, which prescribes execution by stoning as punishment for adultery committed by a married man or a married woman. In this case the judge's "knowledge" that the adultery had taken place was deemed to be proof of the offence. After several dates were fixed for the public executions in June, delays had led to hopes that the executions would not proceed. However, the campaigning organisation 'Stop Stoning Forever' recently reported that Ja'far Kiani has already been stoned to death in Aghche-kand on 5 July, with local government and judiciary officials and members of the public taking part in the killing. On 8 July the newspaper E'temad-e Melli also reported that local people and a source close to a local parliamentary representative had confirmed the execution. Amnesty International UK Director Kate Allen said: 'To execute anyone by stoning is barbaric and disgraceful; to execute a woman for adultery in this cruel way simply beggars belief. 'It is imperative that Iran's head of the judiciary takes immediate steps to stop the shameful stoning of Mokarrameh Ebrahimi while clarifying what has happened to her co-accused Ja'far Kiani. 'Iran should abolish the sentence of stoning once and for all.' Amnesty International opposes the death penalty in all cases as the ultimate cruel, inhuman or degrading punishment. Execution by stoning is particularly cruel, being specifically designed to increase the victim's suffering since the stones are deliberately chosen to be large enough to cause pain, but not so large as to kill the victim immediately. Amnesty International is also calling on the Iranian government to abolish all executions by stoning and to impose a moratorium pending the repeal or amendment of article 83 of the penal code. Amnesty International is aware of at least eight other individuals under stoning sentences in Iran: Ashraf Kalhori (f), Iran (f), Khayrieh (f), Shamameh Ghorbani (also known as Malek) (f), Kobra N. (f), Soghra Mola'i (f), Fatemeh (f), and Abdollah F. (m). The organisation calls for these, and any other stonings in Iran, to be commuted. Amnesty International also opposes the criminalisation of consensual adult sexual relations conducted in private, and further urges the Iranian authorities to review all relevant legislation with the aim of decriminalising such acts. In addition to executing people for adultery, Iran is the only country in the world that still officially executes child offenders - people convicted of crimes committed before they were 18. Last month Amnesty International published the names of 71 child offenders currently facing execution in Iran. Of the 24 child offenders executed in Iran since 1990, 11 were still children at the time of their execution. Others are held in prison until their 18th birthday before being hanged. Background In December 2002 Ayatollah Shahroudi, Iran's head of the judiciary, reportedly sent a ruling to judges ordering a moratorium on execution by stoning, pending a decision on a permanent change in the law, which was apparently being considered by the Supreme Leader of Iran, Ayatollah Ali Khamenei. However in September 2003 a law concerning the implementation of certain kinds of penalties, including stoning, was passed, which appeared to undermine this moratorium. Also despite the supposed moratorium, Amnesty International continued to record sentences of stoning being passed, though none of these were known to have been implemented until May 2006, when a woman and a man were reportedly stoned to death. The two victims - Abbas (m) and Mahboubeh (f) - were reportedly stoned to death in a cemetery in Mashhad after being convicted of murdering Mahboubeh's husband, and of adultery, a charge which carries the penalty of stoning. Part of the cemetery was cordoned off from the public and more than 100 members of the Revolutionary Guard and Bassij Forces, who had been invited to attend, reportedly participated in stoning the couple to death. In November the late Minister of Justice, Jamal Karimi-Rad, denied that stonings were being carried out in Iran, a claim repeated on 8 December by the Head of the Prisons Organisation in Tehran. Campaigners against stoning have since said that there is irrefutable evidence that the Mashhad stoning did indeed occur. In mid-2006, a group of Iranian human rights defenders began a campaign to abolish stoning, having initially identified 11 individuals at risk of stoning. Since the campaign began, 3 individuals have been saved from stoning: Hajieh Esmailvand (f), Parisa (f) and Najaf (m). Others have been granted stays of execution, and some of the cases are being reviewed or re-tried. (source: Amnesty International--United Kingdom) ************** Convicted adulterer stoned to death A man convicted of adultery was stoned to death last week in a village in northern Iran, a judiciary spokesman said Tuesday, the 1st time in years that the country has confirmed such an execution. Jafar Kiani was stoned to death Thursday in Aghchekand, 124 miles west of Tehran, said spokesman Ali Reza Jamshidi. Death sentences are carried out in Iran after they are upheld by the Supreme Court. Under Iran's Islamic law, adultery is punishable by stoning. Jamshidi did not elaborate on how the stoning was carried out. Under Islamic rulings, a man is usually buried up to his waist, while a woman is buried up to her neck with her hands also buried. Those carrying out the verdict then throw stones until the condemned dies. International human rights groups have long criticized stoning in Iran as a "cruel and barbaric" punishment. Before Iran's confirmation, U.N. human rights chief Louise Arbour condemned the execution, her spokesman said. "The execution has apparently gone ahead despite Iran's moratorium on execution by stoning, a moratorium that had been in effect since 2002," said Jose Diaz of U.N. High Commissioner for Human Rights. "Stoning is in clear violation of international law," Diaz said in Geneva. He said Arbour considered stoning to be a form of cruel, inhuman or degrading treatment or punishment that is prohibited under an international treaty that Iran has signed. In Oslo, Norway, Iran's ambassador was summoned by Foreign Minister Jonas Gahr Stoere to protest the stoning, the Norwegian Foreign Ministry said. Gahr Stoere was "deeply upset" that the death penalty had been carried out and called stoning an "inhumane and barbaric method of punishment," said Foreign Ministry spokesman Frode Andersen. The reported execution came two weeks after international pressure, including protests from Norway, caused Iranian officials to delay carrying out the sentence against Kiani and his female companion, Mokarrameh Ebrahimi, who also was sentenced to death by stoning. It was not known if a date had been set for her execution. The couple had reportedly been imprisoned for 11 years. Stoning was widely imposed in the early years after the 1979 Islamic revolution that toppled the pro-Western Shah Mohammad Reza Pahlavi and brought hard-line clerics to power. But in recent years, it has seldom been applied, although the government rarely confirms when it carries out stoning sentences. There is no official report of the last time Iran stoned someone to death, but there were unconfirmed media reports that a couple was stoned in 2006 in the northeastern town of Mashhad. Women's rights activists headed by feminist lawyer Shadi Sadr have been campaigning to have the sentence removed from Iran's statutes. Iran's reformist legislators have demanded an end to death by stoning as a punishment for adultery, but opposition from hard-line clerics sidelined their efforts. Capital offenses in Iran include murder, rape, armed robbery, apostasy, blasphemy, serious drug trafficking, adultery or prostitution, treason and espionage. (source: Associated Press) **************************** Code of Punishment for Adultery in Iran Adultery is a capital offense in the Islamic Republic of Iran and punishable by flogging, hanging, and stoning. The following is a translation of the articles of the Islamic Penal Code of Iran that pertain to the legal punishments for adultery. Translated by: Dr. Soheila Vahdati Compared with the original text by: Gholam Hossein Raeesi, Attorney at Law The Islamic Penal Code Book II Hodoud (Shari'a-based Punishments) Section I Shari'a-based Punishment for Adultery Chapter 1- Definition and Reasons for Adultery Punishment Article 63 Adultery is defined as the intercourse between a man and a woman whose intercourse is inherently forbidden "haraam", even if it is from behind, other than those cases where the person has had a doubt [i.e., mistaken identity]. Article 64 Adultery is punished when the adulterer is mature*, sane, and acting by free will and is also aware of the offence and its punishment. Article 65 If a man or a woman is aware that the intercourse with the other party is forbidden, and the other party is not aware, thinking that the intercourse is legitimate, then only the party who has been aware that the intercourse is forbidden shall be sentenced to the punishment. Article 66 If a man or a woman who have had intercourse together claim mistake and unawareness, then in the case that the claimant deems honest, then the claim is accepted without oath and witness and the punishment is annulled. Article 67 If an adulterer claims that s/he has committed adultery under duress, her/his claim is accepted if the contrary is not believed to be true. Chapter 2- Methods of Proving Adultery in Court Article 68 If a man or woman confesses to adultery 4 times before the judge, s/he will be sentenced to the adultery punishment and if they confess less than 4 times, then s/he will be punished by Tazeer. [Tazeer refers to the punishments that are not defined by Sharia' and it is left to the Sharia' Judge to specify it by sentence to imprisonment, cash fine, or flogging in which case the number of lashes must be less than Hodoud.] Article 69 The confession is valid when the confessor has the virtues of maturity*, sanity, willingness, and liberty. Article 70 The confession must be explicit or appear to be not inconsistent with the case. Article 71 If a person confesses to adultery and then denies it, if the adultery is to be punished by killing or stoning**, then the denial annuls the punishment of killing and stoning. Otherwise, with the denial after the confession the punishment is not annulled. Article 72 If a person confesses to the type of adultery that is punishable and then repents, the judge can either ask the Head of Judiciary for clemency or carry out the punishment. Article 73 A woman who does not have a husband, shall not be punished for becoming pregnant unless her adultery is proven by one of the methods mentioned in this law. Article 74 Adultery, when punishable by either flogging or stoning, can be proven by the testimony of either 4 just men, or 3 just men and 2 just women. Article 75 If adultery is punishable by flogging, then it could also be proven by the testimony of 2 just men and 4 just women. Article 76 The testimony by women alone or along with the testimony of a just man does not prove adultery but the witnesses will be subject to the punishment for false accusation (Qazf) as specified by the law. [Qazf: is defined as accusing a person of adultery or anal sex. It is punishable by 80 lashes. (Article 139)] Article 77 The testimony of the witnesses must be clear and without ambiguity and based on observation and testimony based on conjectures is not credible. Article 78 If the witnesses describe the specifics of the subject of testimony, there should be no discrepancy in their descriptions in terms of the time, place, and such. In case of discrepancy among witnesses testimonies, then not only the adultery is not proven but the witnesses will be sentenced to punishment for false accusation (Qazf). Article 79 The witnesses must testify one after another without any lapse of time. If some of the witnesses testify and then some other witnesses are not immediately present to testify or do not testify, then adultery is not proven. In this case, the witness will be subject to punishment for false accusation (Qazf). Article 80 The adultery punishment shall be executed immediately except for the cases described in the later articles. Article 81 If the adulterer repents prior to the testimony, then the punishment is annulled and if s/he repents after the testimony, then the punishment is not annulled. Chapter 3 Types of Adultery Punishment Article 82 The punishment for adultery in the following cases is killing and there is no difference between young and not-young and marriage-bound and not marriage-bound. a. Adultery with mahaarim [Mahaarim of a person are the relatives by blood or marriage who are within the prohibited degree of marriage such as ones siblings, parents, and in-laws.] b. Adultery with step-mother which shall constitute the killing of the adulterer. c. Adultery of a non-Muslim with a Muslim woman which will constitute the killing of the adulterer. d. Adultery by force and duress that will constitute the killing of the forcing adulterer. Article 83 The punishment for adultery in the following cases is stoning. a. Adultery of a marriage-bound man that is defined as a man who has a permanent wife and has had intercourse with her while being sane and can have intercourse with her whenever he so wishes. b. Adultery of a marriage-bound woman with an adult man, a marriage-bound woman is a woman who has a permanent husband and the husband has had intercourse with the woman when she was sane and has had the opportunity to have intercourse with the husband, too. c. Adultery of a marriage-bound woman with a minor constitutes flogging. Article 84 An old adulterer or an old adulteress who qualifies as marriage-bound shall be subject to flogging punishment prior to stoning. Article 85 Revocable divorce, prior to the end of the possible revoking period, does not disqualify a man or woman from being marriage-bound, but irrevocable divorce disqualifies them from being marriage-bound. Article 86 Adultery by a man or a woman when each has a permanent spouse but has no access to the spouse due to travel or imprisonment or similar reasonable excuses, shall not constitute stoning. Article 87 A married man who before penetration [into his wife] commits adultery shall be sentenced to flogging, having his head shaven, and one year of exile. Article 88 The adultery punishment for a man or woman who does not meet the marriage-bound conditions is 100 lashes. Article 89 Repetition of adultery prior to executing the adultery punishment will not constitute repetition of the punishment if the punishments are the same, but if the punishments are of different types, like some constitute flogging and other constitute stoning, then flogging punishment shall be executed prior to stoning. Article 90 If a man or woman commits adultery several times and at each instance is punished, then will be killed upon the 4th instance. Article 91 During pregnancy and parturition bleeding the woman shall not be subjected to murder or stoning. Also after the childbirth if the infant has no guardian and there is a concern that the infant might die, the punishment will not be carried out, but if a guardian is found for the infant then the punishment shall be executed. Article 92 When a pregnant or breastfeeding woman is to be punished by flogging and there is concern for possible harm to the pregnancy or the breastfeeding infant, then the punishment will be delayed until the time that the punishment causes no such harm. Article 93 If a sick person or menstruating woman is sentenced to be murdered or stoned, the punishment shall be carried out but if sentenced to flogging then the punishment will be delayed until the sickness and menstruation is over. Article 94 If there is no hope for recovery of a sick person, or the Sharia judge (hakeme shar) deems appropriate that the punishment be executed during the sickness, then a bunch of 100 lashes or whips will be inflicted once even if not all of them touch the body of the convict. Article 95 If the convict sentenced to punishment becomes insane or converts, the punishment shall not be annulled. Article 96 The flogging shall not be carried out in too cold or too hot weather. Article 97 The punishment cannot be executed in the land of the enemies of Islam. Chapter 4 How to Execute the Punishment Article 98 When a person is sentenced to multiple punishments, the order of carrying out the sentences must be such that none of them prevents another, therefore if someone is sentenced to flogging and stoning, first flogging and then stoning shall be carried out. Article 99 If adultery by a person, who meets the marriage-bound conditions, is proven by his/her confession, then at the time of stoning the first stone will be thrown by the Sharia judge and then by others, and if the adultery is proven by the testimony of witnesses, then first the witnesses will throw stones, then the Sharia judge, and then others. Note Absence or lack of action of the judge and witnesses in throwing the first stone shall not prevent carrying out the sentence and in any case the punishment must be executed. Article 100 The flogging punishment for an adulterer man shall be carried out as he is standing and wearing no clothing except to cover his genitals. Lashes must forcefully inflict his entire body except for his head, face, and genitals. An adulterer woman shall be flogged in a sitting position with her clothes bound to her body. Article 101 It is appropriate that the judge informs the public of the time of the punishment and it is necessary that a group of believers, not less than three people, be present when the punishment is carried out. Article 102 An adulterer man shall be buried in a ditch up to near his waist and an adulterer woman up to near her chest and then stoned to death. Article 103 In case the person sentenced to stoning escapes the ditch in which they are buried, then if the adultery is proven by testimony then they will be returned for the punishment but if it is proven by their own confession then they will not be returned. Note If the person sentenced to flogging escapes they shall be returned in any case. Article 104 The size of the stone used in stoning shall not be too large to kill the convict by 1 or 2 throws and at the same time shall not be too small to be called a stone. Article 105 The Shari'a Judge can act upon his own knowledge in the cases of [defending] the Gods Rights (Haghollah) and People's Rights (Haghonnas) and carry out the punishment constituted by the God and it is necessary that he documents his knowledge. The execution of the punishment in case of God's Rights (Haghollah) is not contingent upon anyones request but in case of People's Rights (Haghonnas) is contingent on the owner of the right. Article 106 Adultery during the holy times such as religious festivities and Ramadan and Friday and at holy places such as mosques will constitute flogging in addition to the regular punishment. Article 107 The presence of the witnesses is necessary when stoning punishment is carried out but the punishment shall not be annulled due to their absence but it shall be annulled with their escape. --------------------------------------------- *Note by translator: A man is mature at the age of 15 lunar years, and a woman is mature at the age of 9 lunar years, given that the physical maturity is visible, too. ** Note by translator: Stoning in the Islamic Penal Code of Iran refers to stoning to death. [source of the Original Code in Farsi (Persian): http://www.hoqouq.com/law/article363.html] (source: Meydan) CHINA: Death sentence and 2 life terms for Hong Kong tea-house murder A Chinese assassin was sentenced to death and three Hong Kong men sentenced to life imprisonment Tuesday for the so-called "tea-house murder" of a Hong Kong millionaire. Harry Lam, 54, a director of the Hong Kong-based Digger Holdings and an investor in the Mission Hills Golf Club in Shenzhen, was shot dead as he ate breakfast in the famous Luk Yu tea-house in Hong Kong's Central district in 2002. 5 Hong Kong residents and 3 mainland Chinese defendants including the gunman went on trial in the Shenzhen People's Court in China for his murder. After a 9-month trial, hit-man Yang Wen, 27, was Tuesday sentenced to death and 3 Hong Kong men were sentenced to life imprisonment for their roles in the killing. Lam was murdered in an organized hit that rocked the relatively crime-free city of 6.9 million. The mastermind, former actor Victor Yeung, was among the 3 sentenced to life imprisonment. China insisted on hearing the trial on the grounds that it was plotted on Chinese soil. If the trial had taken place in Hong Kong, no death penalty would have been possible. Calls from some legislators demanding the case be moved to Hong Kong were rejected by the Hong Kong government which insisted China did have jurisdiction over the case. Under the terms of the handover in 1997 when Hong Kong reverted to Chinese sovereignty, the former British colony retained much of its autonomy under a "1 country, 2 systems" arrangement which guaranteed an independent judiciary. (source: Earth Times) ETHIOPIA: Ethiopia Finds Imposing Death Sentences Easier than Carrying Them Out An Ethiopian prosecutor's seeking of the death penalty Monday for 38 opposition activists has drawn expressions of shock from Washington and outrage from human rights groups. The defendants have until Wednesday to present evidence to reduce their sentence. They have been jailed since November, 2005, refusing to defend themselves because they did not think they would get a fair trial. Author and human rights attorney Michael Clough calls those charges unwarranted. He says that Prime Minister Meles Zenawi cannot be seen allowing death sentences to be carried out in his country. "It sounds to me like Meles has already laid out the terms. There will probably be some kind of sentence that would seem on the surface to be fairly harsh, but will then allow the government and Meles in particular to claim that he took a reasonable stand, and that he pardoned the leaders, despite their role in the violence," he said. The accused include a leading human rights defender, 76-year old Professor Mesfin Woldemariam, several journalists, 2 women, and leaders of the opposition Coalition for Unity and Democracy party (CUD). The defendants face charges of usurping the constitution, and a few are still confronted by the government with leading an armed rebellion against the state. Earlier treason and attempted genocide charges were dismissed as 28 other defendants were freed back in April because, observers say, the prosecution lacked a case. Clough says it's highly unlikely that many defendants will agree to sign government-fashioned admission of guilt statements in exchange for being pardoned, as has been suggested in the weeks since the defendants' June 11 conviction. "It';s possible that there may be some way to work out some sort of a deal if they were to go through with a death sentence. In any of these cases, it would cause serious damage to their international standing, so I'm sure the government is looking for some sort of compromise. But given what's happened so far, I'd be surprised if many of them (the defendants) were willing to agree to anything that amounted to an admission of responsibility for the violence, which was essentially perpetrated by the government," Clough explained. Prime Minister Meles Zenawi is on record as saying there will be no death sentences in these cases. But with prosecutors and perhaps a zealous judge determined to mete out penalties, Michael Clough says the Prime Minister needs to have a ready-made agenda to activate to keep outside opponents from discrediting him. "I think Meles is one of the more astute political leaders in Africa, and it probably serves his interests to have the prosecutor calling for the death penalty, and then Meles trying to represent himself as a voice of reason. I think that the whole thing is a bit of a charade, because obviously, the only reason that these people are on trial in the first place, is because Meles Zenawi was embarrassed by what happened in the 2005 elections," he said. On Monday, US State Department spokesman Sean McCormack called on the Ethiopian government to make a final sentencing determination that helps bolster the rule of law and promotes reconciliation. Clough sees US policy goals in Ethiopia to be motivated by ends far beyond the State Department sentencing objectives put forth. "The only reason the United States is not speaking out harshly against this is because of Ethiopia's role as an ally of the United States in the war on terror and its involvement in Somalia. If this same thing happened in any country that the United States was not supporting, we would be denouncing it in the most extreme terms," he said. (source: VOA News)
[Deathpenalty] death penalty news-----worldwide
Rick Halperin Tue, 10 Jul 2007 14:02:09 -0500 (Central Daylight Time)
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