next news postings will be on Sunday, Sept. 9
Sept. 7
IRAN:
Political Prisoner Gholamreza Khosravi at Imminent Risk of Execution
A human rights activist familiar with the case of political prisoner Gholamreza
Khosravi Savadjani told the International Campaign for Human Rights in Iran
that recent developments in Khosravi's case indicate that he may be executed in
the coming days. The source added that the political prisoner's death sentence
was issued amidst 2 serious judicial violations in his case, each of which
could independently lead to the Supreme Court's overruling the sentence.
Gholamreza Khosravi Savadjani was arrested in 2007 on charges of "cooperating
with Sima-ye Azadi Television (the Mojahedin-e Khalgh Organization TV
station)," for which the Rafsanjan Revolutionary Court sentenced him to 3 years
in prison and 3 more years' suspended prison term. Following objection by the
prosecutor, his sentence was changed to 6 years in prison. While serving his
6-year prison sentence in Rafsanjan Prison, his case file was transferred to
Tehran through the illegal intervention of Judge Heydarifar, where he was
eventually sentenced to death.
"As Gholamreza Khosravi's charges had been reviewed by the Rafsanjan
Revolutionary Court and the court had made a ruling in his case, sentenced him,
and informed him of his sentence, transferring the case to Tehran was
fundamentally illegal. Transferring a case can only happen under special
circumstances and during the early stages of investigations, not after a ruling
has been issued," the activist added, who requested anonymity for security
reasons, told the Campaign.
"Judge Haydarifar, an Assistant Prosecutor at Tehran Revolutionary Court who
requested the case file's transfer to Tehran Revolutionary Court, lied in his
report, claiming that the case was in its initial investigation phase. This was
when the lower court had already made its ruling and served it, and the appeals
court had also made its ruling, and the suspect was serving his prison
sentence. Judge Heydarifar also committed multiple other violations in other
phases of this case and threatened the political prisoner on numerous occasions
that he would eventually execute him," the source told the Campaign.
A 2nd judicial violation hinged on a semantic change. "Considering that the
6-year prison sentence was issued and enforced, Judge Pirabbasi first sustained
the lawyers' objection about the validity of the existing sentence and ordered
an end to the [Tehran Revolutionary Court's] continuance with the case. Even so
and quite surprisingly, following the Tehran Prosecutor Representative's
objection, and with a change in the title of the crime from 'espionage' to
'moharebeh (enmity with God)' on the same charges as before, he issued a death
sentence," said the human rights source.
"While the material act of the crime was the same and only the title of the
criminal act had changed, and Judge Pirabbasi himself had earlier ordered an
end to the case's continuance on the principle that the case had been closed,
regrettably this time he issued a death sentence. Branch 31 of the Supreme
Court also at one stage sustained an objection to the form of the ruling and
reversed the [death sentence] ruling, but, unfortunately, with the objection
from the Prosecutor's Office, this illegal ruling was upheld by the Supreme
Court. At this time, there is concern that prior to a request for a retrial,
while one of his lawyers, Mr. Soltani, is in prison and his other lawyer, Ms.
Shima Ghousheh, was only recently released from Tabriz Prison, that his death
sentence may be carried out," said the source.
"This execution is completely political and against the Islamic Penal Code.
Throughout different stages of this case, a political will has insisted on a
death sentence. Transferring the case to Tehran was illegal. Judge Heydarifar
wrote a false report to transfer the case to Tehran, and an enforced prison
sentence was changed to a death sentence. Judge Pirabbasi himself ordered the
case to be dismissed, and yet this political will has in the end issued an
illegal death sentence. Mr. Khosravi has been in prison for 40 months since
2008. He has been subjected to immense psychological and physical pressure by
his interrogators and by Judge Heydarifar to confess to things that are not
true, and has always been threatened during different stages that he will be
executed. I ask the judicial authorities to overrule this illegal sentence and
to prevent the execution of this political prisoner," the source concluded.
(source: Iran Human Rights)
LIBYA:
Israeli model rallies support for Gadhafi son
An imprisoned son of former Libyan dictator Moammar Gadhafi is getting help
from an unlikely source: an Israeli actress and model who says she had a
romantic relationship with him.
Orly Weinerman is rallying support for a petition drive calling on Libyan
authorities to release Seif al-Islam Gadhafi, saying he is a generous and
caring person who has been abandoned by the international community and
deserves a fair trial outside Libya.
Weinerman's campaign is remarkable both because of the serious allegations
against Seif al-Islam-- he faces murder charges inside Libya and an
international war crimes indictment -- and the taboo nature of their
relationship. Moammar Gadhafi, who was killed by rebels last October, was a
staunch opponent of Israel, and contacts between citizens of the two countries,
much less romances, are extremely rare.
In an interview, Weinerman described Seif al-Islam as "very calm and quiet,
polite, a real gentleman." She said she was introduced to him by mutual friends
in London in 2005, and that their relationship was romantic. She would not
elaborate.
"He has a great sense of humor and we always had laughs together," she said.
She said she has never visited Libya but said to have met other members of the
Gadhafi family. She did not provide names and declined to show The Associated
Press any photos, correspondence or other mementos from their time together.
Weinerman's purported romance with Gadhafi first appeared in European tabloids
in 2006. But only this month did she go public, hoping to draw attention to his
plight.
She said that Seif al-Islam was a moderating influence on his father, and that
he introduced "some reforms to Libya and he wanted to bring so many more."
"He challenged his father's regime," she said.
Seif al-Islam, 40, was arrested by Libyan rebels last November, weeks after
they captured and killed his father. Held in a Libyan jail, the younger Gadhafi
is now caught in a legal tug of war.
The International Criminal Court wants him in the dock in the Hague on charges
of crimes against humanity for alleged involvement in attacks on civilians
during the uprising against his father. Libyan authorities say they will try
him for torturing and killing rebels and have refused to hand him over to ICC
representatives. His international defense team has said there is no way he can
receive a fair trial in Libya. The ICC refused to comment on Weinerman's
efforts.
Weinerman said the international community, especially the U.N. Security
Council and the same NATO countries that gave military muscle to Libya's
rebels, are responsible for Seif al-Islam's safety, and called on them to do
more to get him into ICC custody. He would likely face the death penalty if
convicted in Libya.
Weinerman, who appeared in a number of popular Israeli TV shows in the 1990s,
also said he should be treated as a prisoner of war because he was arrested on
the battlefield.
She was especially critical of former British Prime Minister Tony Blair, who
she says was a close friend of the younger Gadhafi.
"They worked together and became very close friends, sharing each other's
company," she said. She urged Blair to "show some loyalty" and Christian
compassion.
Blair's office declined to comment on the accusations. But in the past, it has
acknowledged that in 2007 it responded to a request for assistance from Seif
al-Islam as he worked on a thesis on international governance at the London
School of Economics. The note, drafted by officials, offers some examples of
good practice in international civic society and was signed by Blair.
Blair has defended his relationship with the Gadhafi family, saying his efforts
helped push Libya to curb its nuclear and chemical weapons programs and end
ties to terrorist groups.
Weinerman claimed it was Seif al-Islam who helped persuade his father to come
clean on Libya's weapons of mass destruction program, an important step in
bringing Libya out of isolation and one which Blair touted as a diplomatic
triumph.
With Seif al-Islam languishing in a Libyan jail controlled by the rebels who
caught him, Weinerman sits and waits in Tel Aviv, worrying for his safety. She
said she has not had any contact with him since his arrest.
Libyan officials said last month that Seif al-Islam's trial would begin in
September.
The online petition, which aims to collect 50,000 signatures, accuses the ICC
of prosecutorial misconduct and says Seif al-Islam "has been the victim of a
mass media campaign to implicate his guilt for crimes that he has not committed
and for which there is no substantive evidence."
(source: Associated Press)
****************************
Justice held hostage to western interests----Despite his crimes against
Libyans, Al Sanussi deserves a fair trial at the international criminal court
The extradition of Abdullah Al Sanussi, Muammar Al Gaddafi's spy master, from
Mauritania for trial in Tripoli is a blow to international justice - and to the
British government's pretended support for it. Although one of the worst men
left in the world, Al Sanussi should have been tried, 1st and fairly, at the
International Criminal Court (ICC) which indicted him last year.
Afterwards, there are claims from France (where he was convicted in absentia
for organising the bombing of a UTA passenger plane) and he should face
questioning over his role in Lockerbie. Instead, without protest from Britain
or the UN Security Council, he has been returned to Libya where he will receive
not justice, but revenge.
Not that he is undeserving of punishment if found guilty of domestic crimes -
notably the mass murder of 1,200 prisoners at Abu Salim jail in 1996. However,
Libya is under an international duty to cooperate with - give precedence to -
the ICC, a duty that it has breached in the case of Saif Al Islam Gaddafi and
will breach again with Al Sanussi.
The reason, of course, is the death penalty. Libya wants to see both men at the
end of a rope. The ICC cannot execute and could not properly send them back to
Libya after trial in The Hague without an undertaking that he would not be
strung up. So Libya, with the connivance of Interpol (whose red notice system
is abused by vengeful governments) got hold of Al Sanussi first, for a trial
that will be about as fair as that of Saddam Hussain, and which will doubtless
end in the same way. These cases expose a design fault in the ICC. It is meant
to be a court of last resort, leaving international criminals to their fate in
their own country unless trial there is impossible. After a revolution, trial
is always possible but fair trial usually is not.
New governments want to execute old leaders as quickly as possible. There is
overwhelming prejudice, usually a new set of judges hand-picked by the victors,
and a public eager to see their past tormentors on the gallows. When the ICC
indicts a political or military leader it contributes to their fall (as it did
in the cases of Milosevic and Gaddafi) and has a moral duty to protect them
from an unfair local trial and consequent death sentence.
Sorry end
But the ICC cannot even protect its own lawyers in Libya - that government's
unfitness to try Saif was demonstrated when it defamed Melinda Taylor, an ICC
defender captured by the militia that was holding her client. He goes on trial
this month and it will be a sorry end for Nato's intervention when these two
men are topped while the murderers of Gaddafi are free.
So what did the British government do to ensure that international justice ran
its proper course? Absolutely nothing. The Libyan prime minister visited
Mauritania to lobby its government successfully. The UK made no effort to press
for him to be sent to The Hague, where he should have been interviewed about
Lockerbie (he was Abdul Baset Al Megrahi's boss and so more guilty than he was,
if he was guilty). As a permanent member of the Security Council, the UK had a
duty to make sure Libya complied with resolution 1970, which places upon it an
obligation to cooperate with the ICC prosecutor.
The West has become too blase about death sentences on its enemies - the murder
of Osama Bin Laden and of drone victims, and executions after biased trials -
like that of Saddam.
The Hague has been threatening Bashar Al Assad and his relatives with an ICC
indictment, but this is not much of a threat if the Free Syrian Army is ever in
a position to put them on what it may call a 'trial' (which would be as speedy
as that of Ceaucescu). The British government must insist that both Al Sanussi
and Saif Al Islam Gaddafi be delivered to The Hague, on pain of sanctions for
breach of resolution 1970.
However, much it may be an irony that the ICC protects fallen tyrants from the
death they once decreed for thousands of their subjects, international justice
must pursue its commitment to fair trial. Once indicted, a defendant should be
prosecuted by his own country only if his trial can be fair and his fate, at
worst, imprisonment for life.
(source: Geoffrey Robertson is the author of Crimes against Humanity; The
Guardian)
INDIA:
High court confirms death sentence for militant
The division bench of the Gauhati High Court upheld the death sentence awarded
by a lower court to a dreaded militant in Tripura for killing 15 people 15
years ago, officials said here Thursday.
This is the 1st time in the 4 1/2-decade-long history of terrorism in the
northeastern state that a terrorist has been given the capital punishment.
"The division bench of the Agartala bench of the Gauhati High Court comprising
justices IA Ansari and SC Das has on Wednesday upheld the capital punishment
awarded by the additional district sessions court to an NLFT (National
Liberation Front of Tripura) militant Ashok Debbarma, 39," a senior police
official told reporters.
A group of heavily armed NLFT guerrillas led by Ashok Debbarma mowed down 15
men, women and children and injured 4 others at Jarulbachai in western Tripura,
30 km north of here, on Feb 11, 1997.
The Tripura government had asked the CID to probe the massacre. The CID
officials, after inquiring into the killings, filed chargesheets against 16
extremists, eleven of whom were absconding.
Of the five arrested militants, 3 had been exonerated by the additional
district sessions court for lack of evidence while another fled from police
custody during the trial.
The police official said that the main accused Ashok Debbarma challenged the
Nov 10, 2005 verdict of the additional district sessions court before the
division bench of the Gauhati High Court, which after a long trial pronounced
the verdict of upholding the lower court's judgement.
Defence counsel Saumek Deb said they were yet to decide whether to appeal
before the Supreme Court against the high court order.
Lawyers in Tripura said that this was the 1st time the death penalty had been
awarded to a militant in the entire northeastern region.
(source: The Assam Tribune)
GAMBIA:
GSIC Supports the Death Penalty
The Gambia Supreme Islamic Council has strongly defended the death penalty
being recently implemented in the country in which 9 death row inmates where
executed according to the laws of the land.
In a media release issued Tuesday signed by Imam Muhammad Lamin Touray, the
president of GSIC, the Council said the act being good or not good, Allah
Himself who created mankind and love them more than their maternal mothers, has
decreed that the only way to prevent live of human beings from been abused by
their fellow human beings is to end the life of premeditated murderer, adding
that taking a human life deliberately is considered in Islam to be equivalent
to taking the life of all mankind in this world.
Below is the full text of the release;
The Gambia Supreme Islamic Council having followed with keen interest the event
leading to the implementation of death penalty involving number of people in
The Gambia. We are convinced that the implementation of the laws differ from
nation to nation, religion to religion, based on circumstances of any given
nation or religion. Shari'ah as the best of all laws has divined rules which
protect lives and properties of people, including animals.
As the Gambia is a Muslim country but ruled with man-made laws deemed it laws
fitting to the livelihood of the people of this land, and these laws were
endorsed by the people of this country in a referendum, then kept in a script
known to us as the 'constitution to The Gambia,' this present action is a
mandate given to the leader of this country to execute in such situations.
Therefore; the council is in support of the move based on the laws of the
country which the members of council are not an exempt. Concerning the act
being good or not good, Allah Himself who created mankind and love them more
than their maternal mothers, has decreed that the only way to prevent live of
human beings from been abused by their fellow human beings is to end the life
of premeditated murderer.
Taking a human life deliberately is considered in Islam to be equivalent to
taking the life of all mankind in this world. In this regard the council deems
it fit that all the people of The Gambia to stand by the custodian of the
constitution in all possibly ways in securing the peace, tranquility and
stability of this nation.
We shall live above the sentiments and come to terms with reality. As such, we
would like to appeal-once again-to the general public that they should be law
abiding and maintain peace, security and tranquility in our beloved country The
Gambia with her peace loving people. May Allah protect and guide the people of
The Gambia.
(source: The Daily Observer)
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