Dec. 2


IRAQ----executions

6 convicted with terrorism charges executed in Iraq


Iraqi Ministry of Justice announced on Thursday that 6 detainees, convicted with terrorism charges, were executed following the declaration of their final rule.

“The death penalty sentence of 6 convicted was executed this morning by virtue of article 4 of Anti-Terrorism Law,” the ministry reported in a statement which Alsumarianews received a copy of.

“Death penalty was executed after declaring the final rule of the sentence,” the ministry added.

Is considered a terrorist act every violence or threat of sectarian discord and civil war through citizens’ arming as well as their instigation and financing to arm each other, according to Article 4 of 2005’s Anti-Terrorism Law.

Iraqi Ministry of Justice revealed on November 24 that the perpetrators of Dujail incident will be executed.

Iraqi presidency had approved, on October 20, the execution of 53 convicted including 5 foreigners, an Iraqi official declared.

Justice Minister Hassan Al Shammari reported, on September 5, that his ministry received 40 presidential decrees of death penalty. 5 out of the 40 decrees are ready to be executed, he announced explaining that the execution of the other sentences awaits their ratification.

Iraqi President Jalal Talabani appointed his 1st deputy Khudair Al Khuzai, on June 13, as well as his 2nd deputy Tarek Al Hashimi, on July 19, to sign death penalty sentences.

(source: Alsumaria TV News)






CHINA:

A Glimpse of Death Row in China


A group of Chinese women, photographed inside death row at a Chinese prison, engage in seemingly banal tasks — painting their nails, brushing their hair, discussing clothes with uniformed guards — that take on tragic resonance in the final 12 hours before the women’s execution.

The pictures, more than 8 years old, remain stark and poignant, providing a rare, albeit officially approved, glimpse of death row in a country that executes more people each year than any other.

The photo slide show and its accompanying captions describing the women’s activities were republished late last week on the Web site of Phoenix Television, a private broadcaster based in Hong Kong, and translated by Ministry of Tofu, a blog that is often critical of the Chinese government.

Despite having been first published in the Chinese newspaper Southern Weekend nearly a decade ago, on June 25, 2003, the photos have circulated widely this week on Twitter and Sina Weibo, a popular Chinese microblogging site, sparking debate. It was unclear why the photos had been republished.

A woman who “exuded childlike innocence and breeziness” in the last hours before her execution was fed by another inmate in a Chinese prison.The authorities appear to have originally granted access to the photographer in order to use portraits of the condemned women, each scheduled to be executed on drug charges, as a deterrent to future offenders. According to the captions, the pictures were taken days before an international day against drug abuse and trafficking.

While the Chinese government has recently moved to limit the number of crimes for which execution can be applied, Chinese law still imposes the death penalty for anyone found smuggling more than 50 grams of heroin, less than 3 ounces, and many death row inmates have been convicted of smuggling.

Foreigners too face death for drug charges in China. There are currently 7 Russian nationals on death row in China, including a woman convicted last week of smuggling more than 4 pounds of heroin, Russia’s official RIA Novosti news agency reported. China executed a Pakistani businessman on drug charges in September, the 2nd such execution in 2 years, local news reports in Pakistan said, and despite requests for clemency from the president of the Philippines, a Filipino man convicted for smuggling more than three pounds of heroin is to be put to death on Dec. 8, The Associated Press reported, following similar executions of 3 Filipino traffickers in March.

In 2009, China executed a 53-year-old British man on drug charges despite an international clemency drive; supporters had said the man, Akmal Shaikh, was mentally ill and should not face death for his crime.

China does not publish statistics on the number of people it executes, but Amnesty International estimates the number to be in the thousands. The group’s most recent report found that outside of China, at least 527 people were put to death in 2010, down from more than 700 the year before.

The four women whose last hours were documented in the photographs were each described as “drug dealers.” According to the captions, one of the women, identified as Ma Qingxiu, a 49-year-old from Hubei Province, had been convicted and sentenced to death for trafficking about 5 pounds of unspecified drugs on multiple occasions. The other women’s crimes were not detailed.

Nearly 300,000 people have viewed the images on Phoenix Television’s Web site, which elicited more than 3,600 comments and a debate over the application of the death penalty in these cases, and more broadly.

“Our government should abolish the death penalty on drug dealers, especially they should adopt a more lenient legal approach to women given that they have been held down over 5,000 years,” one commenter wrote.

“Compared with crimes committed by corrupted officials, what they did is not even worth mentioning. Unjust treatment indeed,” another said.

Others were less sympathetic, believing that the Chinese government should deal as harshly as possible with the drug trade, even if it means the execution of women. “Criminals should get punished regardless of their gender. No need to highlight these four are women,” wrote one.

Another commenter said: “Consider how many people’s lives they have ruined, I think they ought to be shot 20 times to death!”

Some Chinese readers saw the treatment of the women during their final hours, in which they can be seen eating final meals and smiling with guards, as too coddling.

“Those pictures strike me more like they are enjoying a vacation than on death row,” one commenter observed.

Regular inmates, in blue, played a card game with women on death row shortly before their execution in 2003, as guards watched.

(source: New York Times)






PHILIPPINES/CHINA:

Bishops to appeal Filipino drug mule’s death sentence


An official of the Catholic Bishops’ Conference of the Philippines (CBCP) said that the bishops’ collegial body will make an appeal to the Chinese government for Beijing to commute the penalty of capital punishment it had handed down against a 35-year-old Filipino drug mule.

“We will send a letter to China to appeal for humanitarian reasons to commute the penalty to life sentence instead of death penalty,” Fr. Edwin Corros, the executive secretary of the CBCP Episcopal Commission on Migrant and Itinerant People, said on Friday.

“We are all aware that capital punishment in China is really death, but we will try to appeal the case of our Filipino compatriot,” Corros added.

The priest reminded overseas Filipinos not to accept offers of drug syndicates to become drug mules in exchange for money.

Corros, meanwhile, called on the government to assist more than 200 other Filipinos who are also facing the death penalty abroad.

The Philippine government earlier asked China to show mercy to the unnamed Filipino drug mule, who was caught on September 13, 2008 at the Guilin International Airport in Guangxi smuggling about 1.5 kilograms of heroin into China from Malaysia.

His death sentence was confirmed by the Supreme People’s Court in late November.

(source: The Manila Times)

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

The execution of a nameless Pinoy, the execution of all!


Leo Echegaray was executed on February 5, 1999. His daughter Baby is now a young lady. His wife, whom he married in prison died some years after his execution. With the abolition of the Death Penalty in our country, we should be focusing on the deeper causes of crime rather than on the punishment of convicted prisoners. Our jails are still exploding from the ever growing population of offenders, which includes those suspected and accused of heinous crimes like the Maguindanao Massacre. If we still had the death penalty in our country, what could have happen to those who committed plunder like Erap? Or CGMA today? What could happen to those responsible for the Maguindanao Massacre?

Punishment is easy but finding the roots of crime and stamping these out is hard. With this recent news of another Filipino facing execution in China, more than just making appeals for a stay of execution or commutation of sentence, the government should now vigorously investigate the very reason (causes) why Filipinos become drug mules. In this regard, I find the comment of presidential spokesperson Edwin Lacierda rather facetious: “We recognize the decision of the judicial authorities in China. It was made based on the evidence that the Filipino was carrying 1.5 kg of heroin, and therefore, based on their law, it was subject to death penalty,” Lacierda said. Lacierda said he did not believe ties between the two countries would be affected as “this is not the first time an execution happened, we experienced it before.”

The statement from Lacierda leans more on preserving good relations between the country and China. Concern for the unnamed Filipino awaiting execution does not really come across. While we have to exhaust all means to save one Filipino life on December 8, 2011, shouldn’t the government and the people also get together and address the bigger and deeper issue that cannot be solved by either executions or diplomatic appeals?

Drug mules are only a tiny piece in the wider tapestry of the OFW phenomenon. The OFW phenomenon is only also a tiny piece in a yet bigger tapestry of poverty experienced by the majority of our people. I am afraid that if this more fundamental and bigger issue is not addressed, more will become drug mules, who will be caught, charged, convicted, sentenced and executed. Between now and December 8, I will pray hard not only for our countryman awaiting execution but for our government leaders and people, that we will begin to see how we in one way or another have contributed to a situation of despair that stems from a disturbing lack of love, respect and active concern for life, particularly of the poor, ordinary and seemingly ‘nameless’ Filipinos.

Fr. Roberto P. Reyes, Former President, Coalition Against Death Penalty in the Philippines

(source: Philippine Online Chronicle)


SINGAPORE:

Retrial for death row drug trafficker


A drug trafficker who was sentenced mid-last year to hang is to get a re-trial, on the grounds that the judge who convicted him did not provide clear enough reasoning for his decision.

In August 2010, Thong Ah Fat, 32, was handed the death sentence for allegedly attempting to bring in 10 packets of heroin from Malaysia hidden in his car, The Straits Times reported.

He was carrying 142.41g of heroin. Singapore has a mandatory death penalty for those caught trafficking more than 15g.

However, Thong claimed that he thought the illegal substance he was carrying was Ice and not heroin. He also said he was tricked into making a police statement taken shortly after his arrest.

Justice Choo Han Teck, who was Thong's trial judge, said he did not believe Thong and found his credibility to be in doubt, as Thong's version of events was "neither convincing or coherent".

Thong appealed the ruling and the case was heard in March by the Court of Appeal, which then ordered the case be heard again in the interests of open justice.

The Court said the original 1-page judgment grounds was inadequate, and that Justice Choo's findings were "problematic and his reasoning unclear".

It said it did not state whether Justic Choo did not believe Thong because of his demeanour or for some other reason.

There was objective evidence to show that Thong was an Ice addict. However, it was unclear whether the trial judge had considered this, the court said.

Appeal judges Chao Hick Tin, Andrew Phang and V.K. Rajah said although it is not a light matter to order a retrial, there is no alternative but to re-try Thong for the capital offence under another High Court judge for Thong's credibility to be scrutinised afresh in the context of all the relevant evidence.

Detailed reasoning is especially important in cases which involve the capital charge, the judges said.

Justice Rajah added that transparency in the judicial process provides an important constraint on the judiciary's exercise of power, and a record of a detailed account of the reasoning process makes it possible for the decisions to be debated, attacked and defended.

However, for practical reasons, it is sometimes not needed to provide lengthy explanations for interim procedural matters or routine sentencing, the court said.

(source: Asia One)






BELARUS:

'Don't kill my son. He is not guilty of bombing the metro'


The mother of a man condemned to death tells Shaun Walker in Minsk of her desperate fight for a reprieve

There is only one person who can stop the execution of Lyubov Kovalyova's 25-year-old son, Vladislav. Unfortunately for her, it is Alexander Lukashenko, the ruthless dictator who has ruled Belarus since 1994. He is not known for his compassion.

Ms Kovalyova spoke to The Independent in Minsk yesterday, before delivering a letter to Mr Lukashenko begging him to pardon her son, who was sentenced to death on Wednesday for alleged involvement in an April bomb attack on the Minsk metro system that killed 15 people. The court ruled he knew that his friend Dmitry Konovalov, also 25, was planning the attack and helped him to prepare, instead of reporting him to the authorities.

"The court case was purely symbolic, everything had already been decided," said Ms Kovalyova, wiping away tears as she perched on a chair in a Minsk apartment belonging to friends. "I can state with absolute certainly that my boy is innocent."

Konovalov was also given the death penalty, in a case so flawed there were howls of sarcastic laughter from the public gallery as the judge read his verdict. Belarus is the only country in Europe to retain the death penalty, and both men will be executed with a single bullet to the back of the head, unless Mr Lukashenko intervenes to grant clemency. After he publicly stated that the two should receive "the strictest punishment" before the court had even delivered a verdict, hopes that he will show compassion appear forlorn, but rights activists are praying that international pressure may help.

Ms Kovalyova was wearing a bright purple jumper and stripy green socks yesterday, perhaps to offset the sadness of her mood. But the worry lines on her tired face and the sorrow in her eyes were testament to the amount of distress that this 46-year-old woman has suffered in recent weeks, culminating in Wednesday's sentence. She says the judge "twisted" the evidence in the case beyond recognition, an observation backed up by independent observers. "There are so many things I would like to say to that judge," says Ms Kovalyova, with a deep sigh. "But I can't. My son is a hostage." The entire case was based on confessions given during the investigation, but Konovalov recanted in court and said he was pressured to sign. Konovalov remained silent during the entire three-month trial, simply staring blankly into the middle distance. His father and brother were also detained, and were accompanied to court by a security detail. They declined to offer any evidence. "They were put under huge pressure not to come out in support of their own son," says Ms Kovalyova. She says the Konovalovs' house, next to her own, is always under surveillance, and that the family is too scared to talk to her.

Ms Kovalyova is a single mother from Vitebsk, a small town in eastern Belarus. Vladislav lived at home until 2010, when he moved to Minsk to make a career as an electrician. "He was a quiet boy, never got into trouble, never had a bad word to say about anyone," she recalls. He was arrested immediately after the bomb blast together with Konovalov, who rights activists believe may have been tortured into confessing.

Ms Kovalyova says that Vladislav's state-appointed lawyer refused to meet with her, and when she approached other lawyers, they were too scared to take on the case. Eventually she found a young lawyer on the internet who was brave enough to argue for the defence, but he was given hardly any access to Vladislav. Ms Kovalyova has been allowed just one meeting with her son since April. She has been able to see him only from afar in the courtroom, when he was padlocked into a metal cage.

At midday yesterday, Ms Kovalyova, her 23-year-old daughter Tatyana, and a small group of well-wishers and journalists set off to deliver her petition to the Presidential Administration. But even handing over the letter was not possible without an appearance from the omnipresent KGB, the feared security service which has kept its Soviet-era initials. Half a dozen black-clad plain-clothed agents materialised and said it was illegal to conduct interviews in a public place. A girl in knee-high shiny white boots walked among those present and pointed a hand-held video camera in their faces. "She's my employee," said one of the KGB men. "We'll have a record of everyone who was here."

It was a chilling reminder that in Belarus, anyone who stands up for a victim can become a victim themselves, as evidenced by the recent jailing on spurious tax-evasion charges of a leading rights activist, who had in turn campaigned for the release of opposition politicians still held in jail.

In the end, Ms Kovalyova delivered the letter and now begins a nerve-racking wait to see if Mr Lukashenko will spare her son's life. "I appeal to you... to show clemency to my only son," reads her appeal. "I beg you to save my son. You are the only person who can do so."

(source: Belfast Telegraph)

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




URGENT ACTION APPEAL
- From Amnesty International USA

----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa34811.pdf

UA: 348/11
Issue Date: 2 December 2011
Country: Belarus

TWO MEN IN BELARUS AT RISK OF EXECUTION
The Belarusian authorities must not execute Dzmitry Kanavalau and Uladzslau Kavalyou, who were sentenced to death on 30 November, following a trial that has failed to meet international fair
trial standards.

Dzmitry Kanavalau has been found guilty of committing terrorist attacks and producing explosives, in connection with a series of bomb attacks in Belarus, most recently in Minsk on 11 April. Uladzslau Kavalyou was found guilty of assisting him and failing to inform the authorities.

The two men's sentences were passed by the Supreme Court of Belarus. The only possibility for further appeal is for the families of the two men to ask the President for clemency, within ten days of the sentence being passed. If the clemency appeals are rejected, Dzmitry Kanavalau and Uladzslau Kavalyou may be executed just minutes after the President's decision is confirmed.

Amnesty International has serious concerns over the fairness of the trial. Uladzslau Kavalyou retracted his confession during the trial, claiming it was obtained under pressure. He said that during his interrogation, the investigator threatened to shoot him. He also claimed that he could hear Dzmitry Kanavalau screaming in another room. Uladzslau Kavalyou's mother has said that both men
were beaten during interrogation.

The swiftness of Dzmitry Kanavalau and Uladzslau Kavalyou's arrest has also led to skepticism about the investigation. They were detained the day after the explosion, on 12 April. Violating their right to the presumption of innocence, the President declared that two men had confessed to the
attack before they were even interrogated.

There is no forensic evidence linking either Dzmitry Kanavalau or Uladzslau Kavalyou to the explosion and no traces of explosives were found on either of them. Experts concluded that it would not have been possible for them to prepare the explosives in the basement in which they are accused
of having done so.

Official statements claimed they were detained on the basis of security camera footage, which the prosecution relied on heavily during the trial. However, the security footage was only seized days after their detention and the defense lawyer claimed it had been clearly tampered with.

Please write immediately in Russian, Belarusian or your own language:
-Calling on President Lukashenka to grant clemency to Dzmitry Kanavalau and Uladzslau Kavalyou; -Expressing your serious concerns about the allegations that torture and other ill-treatment were used to obtain confessions from Dzmitry Kanavalau and Uladzslau Kavalyou and calling on the Belarusian authorities to open an investigation into allegations that Dzmitry Kanavalau and
Uladzslau Kavalyou were tortured or ill-treated;
-Calling for Dzmitry Kanavalau and Uladzslau Kavalyou to be re-tried in proceedings which comply with international fair trial standards, especially with regard to his right to effective legal
counsel;
-Calling on President Lukashenka to establish an immediate moratorium on the use of the death penalty, in line with UN General Assembly resolution 63/168, adopted on 18 December 2008.

PLEASE SEND APPEALS BEFORE 13 JANUARY 2012 TO:
President
Alyaksandr Lukashenka
ul. Karla Marxa 38
220016 Minsk
BELARUS
Fax: 011 375 17 226 06 10 or 011 375 17 222 38 72
Email: cont...@president.gov.by
Salutation: Dear President

General Prosecutor
Alyaksandr Koniuk
Internatsionalnaya str. 22
220050 Minsk
BELARUS
Fax: 011 375 17 226 42 52
Email: i...@prokuratura.gov.by
Salutation: Dear General Prosecutor

There is a possibility that the fax numbers could sporadically be blocked. If so, please use email
addresses instead.

Also send copies to:
Ambassador Oleg Kravchenko
Embassy of the Republic of Belarus
1619 New Hampshire Ave NW
Washington DC 20009
Fax: 1 202 986 1805
Email: u...@belarusembassy.org -OR- polit...@belarusembassy.org

Please check with the AIUSA Urgent Action Office if sending appeals after the above date.

ADDITIONAL INFORMATION
The case of Dzmitry Kanavalau and Uladzslau Kavalyou has been very high profile within Belarus, following the shock that filled the country after the 11 April explosion in which 15 people died and
hundreds were injured.

There has been increasing public criticism about the swiftness and nature of the investigation and trial, as both Dzmitry Kanavalau and Uladzslau Kavalyou were detained within hours of the incident and the trial has failed meet international fair trial standards on a number of levels.

In a survey carried out in September by the Lithuanian Independent Institute of socio-political and economic research, only 21.2 per cent of Belarusians believed that the April explosion in Minsk was carried out by "a lone terrorist and his accomplice", 32.4 per cent believed that the crime was carried out under orders and 36.7 per cent were sure that "the crime was committed by other people."

In an unprecedented show of public skepticism in Belarus, a petition against the anticipated execution Dzmitry Kanavalau and Uladzslau Kavalyou was started in the country. It has already been
signed by over 50,000 people.

Amnesty International opposes the death penalty in all cases, as the ultimate cruel, inhuman and degrading punishment. Belarus remains the only country in Europe and the former Soviet Union which still carries out executions. The use of the death penalty is compounded by a flawed justice system and the secrecy surrounding its application which means that prisoners and family members are not informed in advance and may not be informed until months after the execution has taken place.

Belarus is the last country in Europe and the former Soviet Union which still carries out executions. Amnesty International condemns the Belarusian authorities' continued use of the death penalty. Despite public statements regarding its intention to move towards abolition, the Belarusian government continues to issue death sentences and execute prisoners. Two men were executed in 2010
and at least one man in 2011.

In Belarus, condemned prisoners are given no warning that they are about to be executed, and they are usually executed within minutes of being told that their appeal for clemency has been rejected. They are first taken to a room where, in the presence of the Director of the detention facility, the Prosecutor and one other Ministry of Interior employee, they are told that their appeal for clemency has been turned down and that the sentence will be carried out. They are then taken to a neighboring room where they are forced to their knees and shot in the back of the head. Their families will only be informed days or sometimes months after the execution that their relative has been executed.

Name(s): Dzmitry Kanavalau and Uladzslau Kavalyou (both male)
Issue(s): Death penalty, Torture, Legal concern
---------------------------------

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This Urgent Action may be reposted if kept intact, including contact information and stop action
date (if applicable). Thank you for your help with this appeal.

Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: u...@aiusa.org
http://www.amnestyusa.org/uan
Phone: 202.509.8193
Fax: 202.675.8566
----------------------------------
END OF URGENT ACTION APPEAL
----------------------------------
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