[Deathpenalty] [POSSIBLE SPAM] death penalty news----worldwide

[Rick Halperin]

Mar. 17


MOROCCO:

Abolitionists Resigned To Long Wait


The Moroccan ruling and political establishment continue to give
conflicting signals about the future of the death penalty, leaving human
rights activists now convinced that a behind-the-scenes decision has been
made to keep the death penalty on the statute books for the foreseeable
future.

2 weeks before the U.N General Assembly vote on an execution moratorium
last December, Moroccan minister of justice Abdelouahed Radi told
parliament that the country was not ready to abolish the death penalty.

"We are abstaining from voting on the abolition of the death penalty
because we have not yet resolved the issue," Radi told MPs after being
questioned by the Socialist Coalition group. The coalition is one of
several parties that currently make up the government.

Radi's statement raised questions about the fate of the work of the
commission of the jurists set up to review the Moroccan criminal code.
Mohamed Bouzabaa, a previous justice minister, had suggested that most
lawyers on the commission supported striking out capital punishment.

Days after the announcement that Morocco would abstain in the U.N.
moratorium vote, Abdellatif Ouamou, the president of the Socialist
Coalition in parliament made clear publicly that he supported death
penalty abolition.

"Execution is a crime," he told the newspaper al-Ahdath al-Maghribia. "It
is unacceptable to punish one crime by committing another."

At the same time, Ouamou called for civil society organisations to keep up
their struggle for abolition -- but with "more engagement".

The apparent clash of opinions on the death penalty issue between
prominent politicians from the same party is explained by some as due to
the dominating influence of the King Mohammed VI. The Moroccan government
is under the full control of the King who presides over a weekly council
of ministers. Radi, in his official ministerial function, was seen as
expressing the views of the King, though they were contrary to the
declared abolitionist position of his party.

"The death penalty is a repressive state instrument used to stifle social
demands," Mohammed Hanafi, a member of the Moroccan Human Rights
Association (AMDH) told IPS later. AMDH is part of the coalition of rights
associations, including Amnesty International and the Moroccan Forum for
Truth and Equity. It was set up in 2003.

Hanafi added that by retaining the death penalty, the Moroccan leadership
was blocking "any movement to improve the economic, social, cultural and
political situation."

Activists acknowledge that the death sentence has not been carried out
since 1993. But they have expressed concern over the recent extension in
the scope of the capital punishment laws. In response to the threat from
terrorism, the Moroccan parliament passed an anti-terrorism law in 2003.
This made ordinary crimes punishable with the death penalty if judged as
terrorist crimes. Some death sentences have been handed down under this
new legislation.

Many of those sentenced to death over the past decades have had their
sentences reduced to life imprisonment through royal pardons, most
recently to mark the birth of the King's daughter on Feb. 28, 2007. There
are currently some 130 on death row, including 7 women.

AMDH's Hanafi appeared critical of the suggestion that human rights
organisations, with more engagement, could help bring about the end to
capital punishment in Morocco.

The responsibility for abolition rested with the politicians, he said.
They needed to show more independence. "Most human rights NGOs are just
taking orders from the political parties which are serving the interest of
the state."

Despite Hanafi's views on the political ruling elites and the repressive
effect of retaining the death penalty, Moroccans are showing increasing
outspokenness on social issues, including capital punishment.

Noureddine Dayf, who was imprisoned for 11 years after taking part in the
demonstrations against the high cost of living in 1981 in which hundreds
of civilians were allegedly shot by the police, has been speaking publicly
on the conditions he saw on death row.

The prisoners lived in constant dread of execution, he told IPS in an
interview.

"A passing guard only has to cast a glance at their cell number and they
fear they have been singled out for execution," he said. "At night every
prisoner wedges a piece of wood behind their cell door so they are woken
up with a noise if a guard enters while they are sleeping.

"There's a form of state terrorism there on death row which is worse than
death itself," he said.

During his years behind bars in the Essaouira (South) prison, Dayf said he
met death row prisoners who insisted they were innocent.

"The police are not investigating their alleged crimes properly and they
are often using violence to extract confessions," he said.

Many among the younger generation in Morocco appear to agree with Dayf
that the death penalty should be abolished - and are also willing to
express their views to the press.

"The death penalty is a barbaric punishment," Zohra Sidki, studying for
her degree in literature at the Hassan II University in Casablanca, told
IPS. "The only reason for retaining it would be if it could be shown it
deterred crime."

Adam Daoud, a student in communications at the same university, was even
more explicit. "The death penalty is inhumane and should be abolished
whatever the crime. The right to life is a fundamental principle."

But among the older, devout Muslims, resistance to abolition remains.

The death penalty for many is enshrined in Islamic law which cannot be
questioned.

"A murderer must be executed. I know I will shock some by saying this. But
this is the word of Allah," Mohamed Larbi el-Hayouli, a schoolmaster, told
IPS.

Such people look up to the Moroccan King as both their head of state and
religious leader, a direct descendant of the Prophet. They expect him to
defend a punishment which they believe is divine law.

(source: IPS)






IRAN:

Iran Mulls the Death Penalty for ApostatesPerhaps with Worldwide
Jurisdiction


Life for so-called apostates in Iran has never been easy, but it could
become literally impossible if Iran passes a new draft penal code. For the
first time in its history, Iran is considering the death penalty for
apostates. In the past, authorities have executed apostates. But
punishment by death has never before been set down in law.

The text of the draft penal code uses the word Hadd, which explicitly sets
death as a fixed punishment that cannot be changed, reduced or annulled.
The rest of the code is little better. By using ill-defined terms, other
provisions also open the door to abuse Irans already beleaguered religious
and ethnic minorities.

Article 225-1 states "Any Muslim who clearly announces that he/she has
left Islam and declares blasphemy is an Apostate." Article 225-2 adds that
"Serious and earnest intention is the condition for certainty in
apostasy." So an accused person could claim that he made his statement
reluctantly, or ignorantly, or while drunk, or through the slip of a
tongue, and he would not be considered an apostate.

The penal code also identifies two types of apostates: innate (Fetri) and
parental (Melli). An innate apostate has at least one parent who was a
Muslim at conception, who declares himself a Muslim after maturity, then
later leaves Islam. Maturity occurs at puberty, usually around 12 or 13.
By contrast, both the parents of a parental apostate were non-Muslims at
his conception. A parental apostate becomes a Muslim at maturity, then
"later leaves Islam and returns to blasphemy."

The code adds another condition for the parental apostate: anyone who has
at least one Muslim parent at the time of conception but after the age of
maturity, without pretending to be a Muslim, chooses blasphemy is
considered a Parental Apostate."

To dispel any confusion over the required punishment for apostasy, the
draft code says outright that "punishment for an Innate Apostate is
death." However, parental apostates do receive a slender reprieve: After
sentencing, they have three days to recant their beliefs. If not, they
will be executed according to their sentence.

Interestingly, the punishment for women is lighter than that for men.
Punishment for a woman, whether innate or parental, is life imprisonment
with hardship "exercised on her." If a woman recants, she will be freed
immediately. In a side note, the code's authors said religious laws would
determine "the condition of hardship."

The code would also further erode the rights of minorities such as Bahs or
Christians by labeling them apostates. "False prophets"a term undefined in
the codeare to be sentenced to death. Any Muslim who "invents a heresy" or
a sect contrary to Islam is also an apostate.

Also worrying for minorities is Article 133-3, which declares that anyone
who uses a minor to commit a crime will be punished. As past experience
shoes, parents of Bah' or Christian youth who share their teachings with
children other than their own could find this article applies to them.
Also, two or more people who get together to commit a felony constitute a
group or band. This reference can be used for any organized action by a
group of people, including any activity carried out by groups the
government considers dangerous, such as Bahs, Christians, or Azeris.

The code's authors go even further, extending its jurisdiction beyond
Irans borders to those acting "against the government, the independence
and the internal and external security of the country." The law does not
define the term "security." This means that groups around the world that
Iran's regime consider dangerous could be liable for actions they take
outside the country.

Iran already has an abysmal record when it comes to oppressing religious
minorities and political dissidents. The current draft penal code only
provides more scope to abuse the fundamental rights of Iranians. For
anyone who dares question the regime's religious ideology, there could
soon be no room to argueonly death.

(source: Joseph K. Grieboski is the President of the Institute on Religion
and Public Policy; The Cutting Edge News)






PHILIPPINES:

DFA monitoring status of 26 Filipinos under death penalty


The Department of Foreign Affairs (DFA) is monitoring 26 death penalty
cases against overseas Filipino workers (OFWs) that are in various stages
of judicial process.

DFA Undersecretary for Migrant Workers' Affairs Esteban Conejos,Jr. said
today the cases are pending in courts in Saudi Arabia, Kuwait, Malaysia
and China and are mostly murder and drug-related cases.

"We're actively monitoring 26 death penalty cases in various stages of
judicial process. Some are in Court of Appeals, Supreme Court but most of
the charges are still in trial stage," Conejos said in a press briefing.

He said that the 2 Filipino women awaiting execution were found guilty of
murder with robbery in Riyadh. Their conviction in the Grand Shariah Court
was sustained in the Court of Appeals and affirmed in the Supreme Judicial
Council.

A royal decree of execution has been issued for the 2 Filipinas.

(source: Philippine Star)






SOUTH AFRICA:

Nqakula says death penalty is not constitutional----Charles Nqakula says
calls for the reintroduction of the death penalty are objectionable


National minister of safety and security, Charles Nqakula, says calls for
the reintroduction of the death penalty are objectionable.

There have been calls from different sections of society for Government to
bring back capital punishment to curb the high crime rate.

Even ANC President, Jacob Zuma, has said in recent weeks that the
implementation of more stringent and radical laws is the only viable way
of combating the escalating crime in the country. He said it might be
necessary to revisit the issue of the death penalty.

But Nqakula says this is not the solution to the countrys crime problems.
"It is out of frustration that some of the people do make this call for
capital punishment and this is unacceptable in terms of the South African
constitution," says Nqakula.

(source: SABC News)



IRAQ:

5 years on


In the lead-up to the 5th "anniversary" the US-led invasion of Iraq in
2003, Amnesty International has issued a new briefing showing the
"disastrous" human rights situation in the country.

According to recent estimates, at least 150,000 civilians were killed in
the 1st 3 years after the 2003 invasion alone.

Killings have been carried out by armed Iraqi sectarian groups, by the
US-led Multinational Forces (MNF), by Iraq's own security forces and
secret death squads, and by international armed groups like Al-Qaida in
Iraq.

Years' of bombings and shootings in behaviour likened to "ethnic
cleansing" has also meant massive refugee flows, with over four million
people (nearly 15% of Iraq's entire population) forced out of their homes,
two million of them having fled to Syria or Jordan.

Meanwhile, some 60,000 people are currently being held - most without
charge - by the MNF (23,900) and the Iraqi authorities (35,000), with
numerous alleged cases of torture in detention.

The oldest detainee is 80, the youngest only 10. In most cases where
torture has been alleged, announced "investigations" have failed to bring
perpetrators to justice - many apparently never even taking place.

In cases of torture, rape or killings at the hands of British or Americans
forces - notoriously with hotel receptionist Baha Mousa's death at the
hands of UK soldiers, and multiple killings by US soldiers at Haditha -
investigations have been flawed and have failed to hold those actually
responsible to account.

Amnesty International UK Director Kate Allen said: "For the best part of
30 years we denounced torture, imprisonment and killings under Saddam
Hussein. 5 years on, it's heartbreaking to see this latest human rights
disaster now devastating Iraq's long-suffering people.

"Whatever direction Iraq takes in the next 5 years, the authorities must
make a determined effort to stamp out torture, to charge or release tens
of thousands of people held without charge, and to genuinely safeguard the
safety of everyone in Iraq, not least women and ethnic and religious
minorities."

Amnesty International's 28-page briefing, 5 years on: carnage and
despair', notes a "dramatic" rise in violence against women and girls in
Iraq in the past five years. Women have been targeted by armed religious
groups for not wearing traditional Islamic dress, for going to work or
university, or simply for being from a different religious group.
So-called "honour" killings have also risen, notably in Kurdistan, where,
according to the UN, 255 women were killed in the first six months of last
year alone, 195 by burning.

In April 2007 a 17-year-old girl named Du'a Khalil Aswad was stoned to
death in front of security forces and hundreds of onlookers in a town near
Mosul.

Her agonising death took half an hour and was filmed on mobile phones,
with some of the footage posted on the internet as an apparent warning to
women and girls in Iraq. Following international condemnation of the
murder, the Iraqi government announced an investigation and early arrests
in the case. However, no further information has since been made public.

Amnesty International has repeatedly pointed out that the UN (resolution
1325) requires countries to ensure that women's voices are heard during
post-conflict reconstruction. Instead, women's rights in Iraq have
deteriorated in the past 5 years.

Kate Allen added: "The investigation of Du'a Khalil Aswad's utterly
grotesque murder seems to have followed an all too typical pattern in
present-day Iraq: an investigation is announced which then goes nowhere.

"Time and time again in cases of killings and torture - not least by
Interior Ministry death squads - Iraq's dysfunctional justice system has
failed, letting the country slip further into a spiral of killing and more
killing. It's time to start catching and punishing the perpetrators of
human rights violations in Iraq."

Amnesty International has also issued a warning against seeing the death
penalty as a solution to Iraq's spiralling violence.

Last year the organisation showed that since Iraq re-introduced capital
punishment in 2004 (after a 14-month suspension following the 2003
invasion), hundreds of people have been sentenced to death (at least 199
last year alone), many following unfair trials. Saddam Hussein's own
execution in late 2006 itself came after a flawed trial, and his hanging
including him being taunted by guards in filmed scenes that stoked
international controversy.

(source: Amnesty International)