Jan. 18
BANGLADESH:
German central bank pulls out of Bangladesh cooperation over plans to execute
counterfeiters
Germany's central bank is shelving plans to help fight currency counterfeiting
in Bangladesh because of reports the country is planning to include execution
among the possible punishments for violators.
The Bundesbank said it wouldn't move ahead with its offer of consultation and
training to the central bank of Bangladesh, after media reports about the
proposals.
The Bundesbank said Thursday that while it "believes that counterfeiting is a
serious criminal offence, it considers the threat of imposing the death penalty
to be excessive."
It said it didn't know of the proposals when it agreed to the project, which
was to start next month. It said it would not participate unless the plans are
definitively dropped.
(source: Associated Press)
*********************
Mollah's War Crimes----Plea for death penalty; Defence to argue on lawpoints
today
The prosecution yesterday once again sought capital punishment for
Jamaat-e-Islami leader Abdul Quader Mollah for "committing" crimes against
humanity during the Liberation War in 1971.
Mohammad Ali, conducting prosecutor of the case against the Jamaat leader, made
the plea before the International Crimes Tribunal-2 while ending his legal
replies during the closing arguments.
With completion of the prosecution's reply, trial of the Jamaat assistant
secretary general has come almost to an end, as the defence yesterday concluded
their arguments on factual aspects.
However, Abdur Razzaq, chief of the defence who have already placed legal
arguments in three days, would place a short legal submission today, Tajul
Islam, a counsel of Mollah, told The Daily Star yesterday.
After Razzaq's submission, the tribunal may fix a date for pronouncing verdict.
According to the stipulated laws, the tribunal is to deliver verdict after
summation of arguments of both the prosecution and the defence, Tajul added.
Concluding his replies, Mohammad Ali said, "The accused [Quader Mollah] has
committed crimes against humanity under section 3 (2) (a) (c) (g) and (h) [of
the International Crimes (Tribunals) Act, 1973] and the prosecution have
successfully been able, by adducing both eyewitnesses and hearsay witnesses, to
prove the charges beyond any shadow of reasonable doubts.
"The accused deserves to be awarded capital punishment under section 20 of the
International Crimes (Tribunals) Act, 1973 and the entire nation is waiting for
it," said Ali.
Section 20 (2) of the Act says, "Upon conviction of an accused person, the
tribunal shall award sentence of death or such other punishment proportionate
to the gravity of the crimes as appears to the tribunal to be just and proper."
On December 27, 2012, Ali sought the same after completing his arguments on
legal and factual aspects.
On the other side, the defence said the prosecution have "failed" to provide
material evidence to prove the charges.
After completing his factual arguments, Mollah's counsel Abdus Sobhan Tarafder
told reporters his client has to face the trial after 40 years of independence
"only for political purposes."
"My personal opinion is that the prosecution couldn't produce any punishment
worthy evidence against the accused. Our client will be acquitted," said
Sobhan.
On May 28, 2012, the tribunal indicted Mollah with 6 charges of crimes against
humanity committed during the 9-month-long war.
12 prosecution witnesses including 2 investigation officers of the case
testified against Mollah, while 6 defence witnesses including the accused
himself gave testimonies as defence witnesses.
After yesterday's court proceedings started at 12:03pm, Sobhan, for the 4th
day, placed his arguments citing testimonies of 2 investigation officers and 6
defence witnesses.
Citing Mollah's testimony, Sobhan said their plea of alibi is that Mollah was
not in Dhaka during the Liberation War.
Mollah, in his testimony, said he left Dhaka on March 11 or 12 in 1971 for his
village and spent the rest of the year and almost entire 1972 running a
business there.
Sobhan said AIM Lokman, 6th defence witness and the then imam of Shahidullah
Hall of Dhaka University, where Mollah used to reside, was acquainted with
Mollah and said the accused regularly took part in the prayers.
Lokman "corroborated" with Mollah's testimony as he said the accused had left
the campus for home 3 to 4 days after the historic March 7 speech by
Bangabandhu Sheikh Mujibur Rahman.
The tribunal said Lokman testified that he was in the hall during the war and
Mollah had returned to the dormitory perhaps in the last part of 1972 or in
early 1973.
But Mollah testified that he had come to Dhaka in the last part of July 1971
and stayed in the hall around 20-21 days for taking part in the practical
examination, the tribunal added.
"Mollah had said his prayers 105 times [during his stay at hall], but he
[Lokman] didn't see him. Isn't it contradictory?" said the tribunal.
"The tribunal should not consider such minor things," said Sobhan.
The prosecution, however, would not get any benefit of it, the tribunal said.
Sobhan said Shushil Chandra Mondal and Muslem Uddin Ahmed, 2nd and 3rd defence
witnesses respectively, supported Mollah's testimony that he was at Faridpur
during the war.
Sobhan said the prosecution had claimed police arrested Mollah in Faridpur,
1972, when he went there after Mirpur was freed on January 31, 1972 on charges
of "committing crimes", but released him within hours.
"If he [Mollah] was arrested for committing crimes, why was he released within
hours?" questioned Sobhan.
4th defence witness Mosammat Sahera, sister-in-law of martyr Pallab, who was
allegedly killed upon Mollah's instruction, said Akhter Gunda and Biharis
killed his brother-in-law during the war.
Altab Uddin Mollah, 5th defence witness, testified to discredit 2 prosecution
witnesses -- Shafiuddin Mollah and Amir Hossain Mollah -- who testified that
Quader Mollah had directly taken part with Pakistani army in the killing of
around 400 Bangalees at Alubdi on April 24, 1971.
After lunch break, Mohammad Ali gave replies to legal questions raised by Abdur
Razzaq during his closing arguments in the case.
Abdur Razzaq claimed the purpose of the trial after 40-year delay was
"political" as Mollah is a leader of Jamaat-e-Islami, which did not side with
Awami League in the 2001 elections.
The prosecution have "failed" to give a reasonable explanation for the delay in
the formal charge, Razzaq claimed.
Ali said the charge was not brought against Jamaat or any political party,
rather those who "directly took part or aided in committing crimes against
humanity were charged".
"There is no political reason behind the trial," he added.
Ali said the prosecution had given explanation about the delay during their
arguments and it was not mandatory to explain the delay in the formal charge.
Razzaq argued that as 195 Pakistani army officials, who were the principal
perpetrators, were given clemency through a tripartite agreement in 1974,
"their aides and abettors" couldn't be prosecuted after 40 years.
Ali said the tripartite agreement was an executive act that cannot provide any
premium to the local perpetrators of crimes committed during the Liberation
War. Besides, abetting and aiding are distinct offences.
Giving example of the trial of former Liberian president Charles Taylor, Ali
said he was charged for simple aiding and abetting.
"Do you want to charge Mollah as an individual or a member of an auxiliary
force?" asked the tribunal.
Ali said Mollah should be charged as an individual as well as a member of an
auxiliary force because "he was a prominent leader of Al-Badr and Al-Badr was
an auxiliary force [of Pakistani army]".
Ali added "Sun Set at Midday" written by Mohiuddin Choudhury, a local Jamaat
and Peace Committee leader in 1971, is a prosecution document in which the
writer says, "The workers purely belonging to Islami Chhatra Sangha were
Al-Badr."
Citing the book "The Betrayal of East Pakistan" by Pakistani army commander of
the Eastern Command (1971) Lt Gen AAK Niazi, Ali said Al-Badr and Al-Shams were
2 wings of Razakar force.
The then Pakistani government made Razakar an auxiliary force of its army
through a gazette notification on August 2, 1971, according to historic
documents. Mollah, in his testimony, said he was elected president of
Shahidullah Hall unit Islami Chhatra Sangha in 1970.
Razzaq argued that only 1 witness testified for the charge no 6 in the case.
Citing a decision of the International Criminal Tribunal for Rwanda, Ali said
"no corroboration" is required for the testimony of sexually assaulted witness
and the 3rd prosecution witness, lone witness for the 6th charge, was both a
victim of sexual and physical assault.
The 3-member tribunal led by Justice Obaidul Hassan with members Justice Md
Mozibur Rahman Miah and Judge M Shahinur Islam heard the replies before
adjourning the case proceeding until today.
ICT-1
The International Crimes Tribunal-1 yesterday adjourned its morning session
following a prayer of the defence, who said they could not come to the tribunal
due to hartal.
In the afternoon session, both the defence and the prosecution completed their
submissions on the petition of retrial order's review.
The tribunal-1 fixed January 21 for an order in this regard.
Prosecutor Haidar Ali placed his closing arguments for about 1 1/2 hours in the
war crimes case against Jamaat leader Delawar Hossain Sayedee.
He placed arguments for 5 more charges yesterday. Earlier on Sunday, he placed
arguments for 11 charges.
Sayedee is facing 20 charges for crimes against humanity committed during the
war.
(source: The Daily Star)
PAKISTAN:
Black warrant: Jaleel Morejo escapes death for the 20th time; Prisoner has been
on death row for the past 15 years.
Hafiz Jaleel Morejo, who was scheduled to be hanged today, has evaded death for
the 20th time.
The current death warrant was issued on January 2, when the district and
sessions court in Naushero Feroze directed the jail authorities to hang Jaleel
on January 17. However, the conviction has been postponed till March 31, due to
orders from the president, as the Pakistan Peoples Party hopes to amend the
death penalty law.
Jaleel, a resident of Chanari village in Naushero Feroze, was awarded the death
penalty in April 2000. He was in jail for the murder of Haji Muhammad Haroon
Morejo in 1997 to avenge the murders of his father and uncle. His 1st black
warrant was issued on March 14, 2008, but his execution was pushed back 2
months. He filed petitions in the Sindh High Court, followed by the Supreme
Court and the president, but they were all dismissed.
The Express Tribune interviewed Jaleel in July 2011, when his black warrant was
extended for the 17th time. "Evading death 17 times brings joy and worry at the
same time. I feel that I am constantly being taken to the gallows but am
stopped midway."
After his 17th return trip from the noose, he tried to tell the world of his
innocence. "I am serving a 14-year sentence for a crime I never committed," he
said. Jaleel, a jawan in the 7th Sindh Regiment from 1993 to 1997, is a
Hafiz-e-Quran. "Whenever a black warrant is issued for me, I start praying to
Allah Almighty," he said.
His version of events differed from the recorded facts. He said that his
father, Abdullah Morejo, was embroiled in a karo-kari dispute with his uncle,
Haji Habibullah Morejo, and some other men. The matter was resolved at a jirga.
"In accordance with the jirga's verdict, we married a girl from our side to the
Haji Habibullah Morejo group," he said. "However, my uncle, cousins and other
people went against the verdict and raided our land. They killed my father,
Abdullah Morejo, and uncle, Maulvi Abdul Haq Morejo."
Jaleel said he was framed by his cousins after they killed their own brother.
Haji Haroon Morejo - the man Jaleel was accused of killing - was suffering from
cancer.
(source: Pakistan Tribune)
SOUTH KOREA:
S. Korea top court rejects death penalty in murder
South Korea's top court on Wednesday rejected arguments for reinstating the
death sentence imposed on a Chinese national convicted of a gruesome murder
that shocked the country.
Wu Yuanchun, an ethnic Korean, was originally sentenced to death for the rape,
murder and dismemberment of a 28-year-old woman in the southern city of Suwon
in April, 2012.
Wu, a migrant worker, spent 6 hours cutting the body into 365 pieces and
individually wrapping each one in plastic.
In June, a district court sentenced Wu to death, having accepted the
prosecution's argument that the murder was premeditated and that Wu had
intended to sell the body parts.
But the sentence was reduced to life imprisonment in October by an appeals
court that rejected the argument Wu had planned to kill her in order to sell
the body parts, prompting prosecutors to appeal to the Supreme Court.
Although the death penalty is still imposed in South Korea, nobody has been
executed since 1997.
Wu's case triggered a backlash against police when it was revealed that the
victim had called a police emergency number from her home as the attack was
taking place.
The phone line remained open for eight minutes, and the victim could be heard
screaming in pain and begging for her life.
Police admitted mistakes and the national police chief resigned as a result.
(source: China Post)
IRAN:
Iranian-American detained in Iran facing death penalty; Pastor beaten,
threatened with hanging.
An Iranian-American who will go on trial in Iran on Monday (Jan. 21) for
apostasy, or leaving Islam, has been beaten and threatened with the death
penalty during interrogation, sources said.
Saeed Abedini, 32, will have his case handled by a judge notorious for handing
death sentences to human rights activists. Judge Pir-Abassi has been condemned
by the European Union and the U.S. Commission on International Religious
Freedom for human rights violations.
Legal experts working closely with the case say that the Iranian prosecution
has already threatened Abedini with the prospect of capital punishment.
"We know that during interrogation - interrogations in which the prosecutor
participated - Saeed was told he could hang for his faith in Jesus," said
Tiffany Barrans, international legal director for the American Center for Law
and Justice (ACLJ).
In the international legal arena, Pir-Abassi is known as the "hanging judge"
for handing down long prison sentences and death penalties following the 2009
protests against the presidential election. Human rights attorneys in Iran say
he is considered to be a puppet of the regime, as he is known to disregard even
basic procedural rules in Iran. He sentenced many students to death following
the presidential election protests.
Due to Pir-Abassi's high-level connections, securing Abedini???s release would
require significant pressure directly on the Iranian regime, Barrans said.
"It is imperative that the regime be sent a loud message by countries around
the world that we will not stand idly by while it continues to violate
fundamental human rights," she said.
Court documents indicate Abedini is being charged with "compromising national
security" due to his work of establishing a house-church movement. Abedini???s
attorney said most of the charges are unclear except for him becoming a
Christian in 2000, according to the ACLJ.
The Iranian government has also confiscated the assets of an Iranian bank
account worth $105,000 donated to Abedini to build an orphanage.
The Christian was arrested in September when he returned to Iran to visit his
family. He has travelled between the United States and Iran a number of times
since becoming a U.S. citizen in 2010, when he married his American wife,
Naghmeh Abedini.
He is being held in Evin Prison in Tehran, known for its harsh conditions,
detainment of political prisoners and frequent torture of inmates.
Abedini wrote a letter to his wife a few days ago describing his condition and
the misleading statements that authorities are giving him, according to Fox
News.
"This is the process in my life today: one day I am told I will be freed and
allowed to see my kids on Christmas (which was a lie), and the next day I am
told I will hang for my faith in Jesus," Abedini said. "One day there are
intense pains after beatings in interrogations, the next day they are nice to
you and offer you candy."
If no intervention takes place, he could face a prison sentence of 18 years or
the death penalty. Paul Hattaway, director of Asia Harvest and author of an
upcoming spiritual biography of Abedini, wrote in a recent appeal that "from
the human level, there is little hope for Saeed."
This year, in addition to the arrests of the house-church attendees, pastor
Youcef Nadarkhani was detained on Christmas Day, then released on Jan. 7. He
was arrested in 2009 for apostasy and faced the death penalty but was released
in September following an international outcry.
Crackdown on Iranian Church
Abedini's trial comes amid a heavy crackdown on the Iranian church. Vruir
Avanessian, 60, a well-known pastor and worship leader arrested last month at a
house-church meeting, was freed from prison after posting a massive bail, but
he faces further court hearings.
Avanessian, an Armenian-Iranian worship leader active in the church since the
1970s, was released from prison Jan. 10 due to concerns about his health. He
posted a $60,000 bail, using real estate as security. The date of his trial is
not yet known and no formal charges have been brought against him, according to
Middle East Concern (MEC).
During his imprisonment, his friends and family were reportedly concerned he
would die from blood poisoning. Avanessian suffers from a kidney disease that
requires dialysis every two days and needs prescription medication for his
condition.
His kidney failed during his detainment, according to the National Council of
Resistance of Iran. He underwent surgery on Dec. 31 and was transferred to Evin
Prison.
Avanessian's original arrest came on Dec. 27, during a house-church meeting of
approximately 50 Christians, many of them converts from Islam. Leaving Islam is
a capital offence in Iran.
During the raid, plain-clothes police officers raided the meeting on the
pretext of a noise complaint by the neighbours. There were too many worshippers
in attendance for all of them to be arrested, so police collected information
on their activities as Christians. Officers immediately passed out special
interrogation forms that asked the participants when they had become
Christians, their connections to other churches, user names and passwords to
their email and social media accounts, and their reasons for leaving Islam,
according to MEC.
Following his arrest, security forces raided and search the homes of families
connected with Avanessian, according to Mohabat News. They confiscated laptops,
hard drives, flash drives, books, and books.
Avanessian is part of Iran's ethnic Armenian community, which numbers
approximately 80,000 and has a complicated relationship with the regime
While thousands of Armenians have left Iran since 1979, The Armenian Apostolic
church and its schools are officially recognized by the state, and 2 seats in
the Iranian Parliament are reserved for Armenians. At the same time, they
cannot be employed by the government or any government-owned business or public
entity.
(source: Christian Today Australia)
INDIA:
Odisha: death penalty to youth for rape, murder
A court in Odisha's Sambalpur district on Thursday handed over the death
penalty to a man, 3 months after he raped and murdered a 3-year-old girl. This
is the 2nd pronouncement capital punishment in 3 months in the district in a
similar case.
Delivering the sentence in a crowded court in Sambalpur, about 320 km west of
Bhubaneswar, additional district and sessions judge (fast track) Ashok Kumar
Panda also imposed a fine of Rs. 5,000 on accused Thidu Munda, 30.
"The court found Munda guilty of kidnapping, raping and murdering the minor
victim on January 11 but had reserved the pronouncement of sentence," public
prosecutor Brajendra Panda said.
On October 4, Munda kidnapped the victim from her village, Budhiapali, on the
pretext of treating her with some sweets. After raping and murdering her, he
dumped her body in a forest about 8 km away from her village.
The decomposed body of the girl was found 4 days later while police arrested
Munda on October 13.
In a similar case of rape and murder, on October 8 the Sambapur district and
sessions judge Bibhu Prasad Routray had convicted a 28-year-old youth for
raping and murdering an 8-year-old girl. On September 2, the youth, Pradip
Dalei had lured the innocent girl from a slum in Sambalpur on the pretext of
treating her with noodles and then raped and murdered her.
(source: Hindustan Times)
SAUDI ARABIA----execution
Saudi beheads national for murder; The execution by sword brings number of
beheadings this year to 5
Saudi Arabia beheaded one of its nationals on Thursday after he was convicted
of murdering a fellow citizen, the interior ministry announced.
Saeed Al Qah'tani shot dead Khazma Al Qah'tani, a woman apparently from his own
tribe, due to a dispute between the 2, the ministry said in a statement
published by the official SPA news agency.
He was beheaded by the sword in the southwestern Aseer region.
The beheading brings to 5 the number of people executed in Saudi Arabia so far
this year.
Last year, the ultra-conservative Muslim kingdom beheaded 76 people, according
to an AFP tally based on official figures. The US-based Human Rights Watch put
the number at 69.
Rape, murder, apostasy, armed robbery and drug trafficking are all punishable
by death under Saudi Arabia's strict version of sharia, or Islamic law.
(source: Gulf News)
***************************
Have governments or advocates failed domestic workers in Saudi Arabia?
On Wednesday January 9, 2013 a young woman in Saudi Arabia was executed by the
government in a case that has brought together global advocates, agencies and
governments. The campaign to save her life lasted almost 7 years.
But the campaign failed. Despite the global appeal from human rights activists
worldwide, including the Islamic Human Rights Commission based in London and a
personal appeal for clemency from Sri Lankan President Mahinda Rajapaksa sent
to Saudi Arabia's King Abdullah bin Abdul Aziz Al Saud.
Even Britain's Royal Prince of Whales is said to have contacted the Saudi King
Abdullah in October 2010, although the Royal Office did not deny or confirm
this story. If the story is true the Prince is only one of many who asked for
clemency for the young woman.
The truth of the matter is that the combined international work to save the
life of 1 Sri Lankan foreign domestic worker in Saudi Arabia, Ms. Rizana
Fathima Nafeek, could not reach its goal. Advocates worldwide are now exploring
why this campaign failed and why this order for execution stayed.
But the question all advocates are asking now is this: can lives be saved in
the future?
When the completion of the order of execution by beheading for Rizana Nafeek
was confirmed on Wednesday 9 January, 2013 by the Office of the Saudi Arabian
Ministry of Affairs from the capital of Riyadh, advocates worldwide realized at
that moment their petitions, letters, articles and protests, in the attempt to
save the life of Nafeek, had not worked.
It is assumed that numerous advocates and activists on that day who had worked
for years in hopes of saving Rizana's life felt personal failure after hearing
that orders in the beheading execution had been completed. Latest statistics
now reveal that there are currently 52.6 million domestic workers worldwide
with Latin America, the Caribbean and Asia employing the most domestic workers.
Africa, Europe and the Arab region are next in the count of domestic workers.
Today the number of foreign domestic workers inside the Saudi Arabian region
has reached somewhere between 876,596 to 1.5 million.
Saudi Arabia is known as one of the world's largest employers of domestic
workers in the Gulf region, although forced labour is currently illegal in
Saudi Arabia. But this does not mean that illegal forced labour does not exist
in the region. Domestic workers are especially vulnerable to forced labour and
other conditions of hardship because they are viewed widely to be 'outside' the
'public' labour system in Saudi society.
"Domestic work has been absent for a very long time from public policy debates
and this is mainly the case because domestic workers are employed by private
individuals, in private households, they work for families and homes rather
than for workplaces such as factories or offices, so for a long time domestic
workers were absent from the debate on social reforms and labour protection,"
said Martin Oelz, Legal Specialist on Working Conditions with the ILO -
International Labour Organization.
In April 2012, according to the Jakarta Globe, Saudi Arabia had 1,700
Indonesian nationals serving out prison terms. The previous year on the same
month, in April 2011, 22 migrant domestic workers were pardoned from sentences
they had received in Saudi courtrooms. Along with pardons from King Abdullah
and formal releases from the families who had charged them with crimes, they
were allowed to return to their home regions.
Although labour laws in Saudi Arabia require that all workers be at least 18
years of age, the Royal Embassy of Saudia Arabia in Washington, D.C. states
that the Law "does not apply" to domestic workers. This essentially means that
domestic workers have little to no protections or legal recourse in any Saudia
Arabian court under the Law.
In spite of this Saudi Arabia has continued to convey that they are supporting
efforts to "fully protect domestic workers" in the workplace. This guarantee
was made specifically in a 2011 joint statement made during the ILO -
International Labour Organization's annual conference.
"...all countries [which includes Saudi Arabia] supported the efforts to fully
protect domestic workers, in line with the specificities of that type of
work...," said a portion of the joint statement during the 100th Session of the
ILO conference in June 2011 in Geneva, Switzerland.
Over the last decade, discrimination against migrant domestic workers
throughout the Gulf has become a growing and serious issue. Rising pressures in
the domestic job market inside the region is at an all time high and has
contributed to increased migrant racial discrimination. Gender for domestic
workers is also a factor that works against women workers in Saudi Arabia who
work off-the-grid. Specific restrictions that exist for all women in Saudi
Arabia often exists doubly for women domestic workers.
Although the government of Saudi Arabia has formally disagreed with the true
age of Rizana at the time of her sentencing, documentation shows that she was a
17-year-old from Sri Lanka who wanted to help make money for her family at the
time of her employment. As a member of a family with 6 children with a father
who struggled as a woodworker, Rizana was asked if she wanted to go to Saudi
Arabia and signed on willingly with a Sri Lankan based employment agency. When
she was asked by the agency if she would go as a housemaid her answer, and the
answer of her family, was yes.
When Rizana Nafeek arrived on April 1, 2005 to begin working in Saudi Arabia,
she didn't know then that her entire lifetime of having a job would span only
55 days. She didn't know then that she and her family had been cheated by job
agents who were also trying to cheat the labour system and the government of
Saudi Arabia.
To enable Nafeek to work legally inside the region, her documents of employment
along with her passport were falsified by her Sri Lankan employment agents.
Numbers were changed to show that she was not underage, making her appear
instead to actually be 23-years-old. Presenting the teenager as a housemaid
'with experience' the agents made money on the deal. Later they were fined,
arrested and sanctioned by the government of Sri Lanka for falsifying
documents.
Before this, in April 2009, the Sri Lanka Cabinet adopted the National Labour
Migration Policy. It's goal was to: "Enhance the benefits of labour migraton on
the economy, society, and migrant workers and their families, and minimize its
negative impacts."
But this goal was never reached in Rizana's case. As the months and years
passed following her arrest, detention, and the years passed in her long wait
on death row, Nafeek???s needs and protections under the new Sri Lankan policy
was never of benefit to her.
"...new overseas markets and opportunities must be explored and promoted,"
outlined Sri Lanka's Migration Policy. "This will ensure the promotion and
development of employment opportunities outside Sri Lanka for Sri Lankans.
Labour market surveys, market analyses and market promotion plans in foreign
countries will help ascertain the emerging opportunities and new demands," the
policy added.
Less than 8 weeks later after Rizana began her employment, the 4-month-old
infant son of the Al Otaibi family died while under Nafeek's care. Charged with
the murder of the infant son Nafeek was arrested and sent to jail on May 25,
2007 in the city of Dawdami.
At the time, with her very limited understanding of Arabic, it unknown how much
Rizana understood what was actually happening to her.
In her arrest there are no records available of any police investigation, DNA
or forensics evidence. There also appears to be no evidence recovery or crime
scene investigations in her case. There was also no attorney summoned to give
Nafeek knowledge of her rights under arrest. Her case had no jury, no witnesses
speaking in her behalf, no clarification of her false employment documents or
mention of her true age.
Originally signing a confession that she killed the child, Rizana outlined
later that her confession was completely false and made against her will.
Stating that she signed a confession while under duress during the time of her
arrest, Rizana later retracted her original confession in the court of appeal
explaining that the infant died without her volition during what appeared to be
a choking accident while he was bottle-feeding.
"We are deeply troubled by reports of irregularities in her detention and
trial, including that no lawyer was present to assist her in key stages of her
interrogation and trial, that language interpretation was poor, and Ms.
Nafeek's contention that she was physically assaulted and forced to sign a
confession under duress," said Rupert Colville, a spokesperson for the Office
of the OHCHR - UN High Commissioner for Human Rights, during a recent news
briefing in Geneva.
Under a failed appeal Nafeek's death sentence was sealed by decision of Saudi
Arabia's Supreme Court in Riyadh. Her court sentence was subsequently signed
into motion by Saudi's King Abdullah before the beheading took place. Much
earlier though on December 2010 King Abdullah had moved to suspend Nafeek's
court sentence, but after negotiations with the Al Otaibi family, who would not
give pardon in the case, the death sentence set against Nafeek was set for
execution as mandated.
What advocates have called the 'mishandling of this case' from its beginning in
2005 up to Rizana's execution in 2013 has brought sustained international
concern. It also has brought together the attention of numerous human rights
and advocacy organizations including the Asian Human Rights Commission, Amnesty
International and Human Rights Watch, along with Safe World for Women and many
others who worked without success to push for a legal pardon from execution for
Nafeek.
While numerous employers in Saudi Arabia have no specific wish to abuse their
domestic workers, reports of physical abuse against domestics have been ongoing
and documented in the region. These abuses have included reports of unpaid
wages, the withholding of food, forced confinement, excessive workloads and
psychological abuse. Human Rights Watch has also highlighted the fate of
migrant domestic workers who have faced sexual harassment, forced labour,
torture and even death.
Lack of safety for domestic workers in the region is also an issue. Domestic
workers are currently not protected under OSH - Occupational Safety and Health
policies inside Saudi Arabia.
"Since the work environment in enterprises is different from the domestic
environment, not all OSH [Occupational Safety and Health] standards applied to
other workers can be applied to domestic workers...," outlined a representative
from Saudi Arabia during the 2010 International Labour Conference in Geneva.
One critical condition in the case of Rizana Nafeek is that she received little
to no access to legal or human rights advocates before receiving her death
sentence during her incarceration. Even though Nafeek did not speak any Arabic,
she was not given the right to translation services at any time during her
arrest.
"It appears that the man who translated her statement may not have been able
adequately to translate between Tamil and Arabic," outlined Amnesty
International recently on January 8, 2013.
"Executions in Saudi Arabia are generally held in public," continued Amnesty
International. "Prisoners are usually sentenced to death following inadequate
legal representation. Saudi Arabia continues to execute prisoners despite the
UN General Assembly's adoption of a resolution calling for a worldwide
moratorium on executions on 18 December 2007. The beheading is counter to the
Universal Declaration of Human Rights and comes at a time when there is a clear
international trend away from the use of the death penalty," continued the
human rights agency.
Public beheading is not an unusual punishment under the death penalty in Saudi
Arabia. Executions may also be carried out by stoning or firing squad.
"Although the sentences vary greatly according to the discretion of the judge,
260 criminal punishments in Saudi Arabia can be severe and include
imprisonment, flogging, amputation, and execution by beheading, stoning, or
firing squad," says a Colombia Law School report by attorney Katherine Scully.
In working to reduce the death penalty worldwide the United Nations currently
has 150 Members who have formally abolished the death penalty. This is out of
193 Member States at the United Nations. But the problems for the death penalty
with lack of legal protections for domestic workers continues in many global
regions.
"In 2011, at least 79 people were reportedly executed in Saudi Arabia. Among
them, many were migrant workers, deprived of protection under the Vienna
Convention and sentenced to death without respect of fair trial standards,"
said the United Nations OHCHR - Office for the High Commissioner for Human
Rights, with the UN Secretary General Ban Ki-Moon, before the UN General
Assembly in July 2012.
According to the current interpretation of Shariah Law in Saudi Arabia, the
Nafeek's death penalty case could only be overturned by either a pardon from
the family or a direct order from the Office of Saudi Arabia's King Abudullah.
Under interpretive Shariah Law in the region, the use of 'Kafala' - a legal
system of sponsorship in Saudi Arabia gives family sponsors complete rights
over a domestic worker's punishment. This puts the supreme power in the hands
of employers regardless of case details.
"The United Nations opposes the death penalty because it negates the right to
life and its application raises serious human rights concerns," said United
Nations High Commissioner for Human Rights Navi Pillay last October.
"It is striking that even well-functioning legal systems have sentenced to
death persons who were ultimately proved innocent. In sentencing practice, the
decision whether to sentence the convict to death or life imprisonment is often
arbitrary and devoid of predictable rational criteria. In this 'judicial
lottery', the odds are often stacked against those who belong to racial,
religious, national, ethnic or sexual minorities," Pillay continued.
"A death sentence is often imposed on less privileged individuals who do not
have sufficient access to effective legal representation," added Pillay.
While courtrooms in the United States continue to process their own death
penalty cases, some U.S. regions have made the punishment illegal under the
law. U.S. regions which include the State of New Mexico, the State of New
Jersey, and the States of Illinois and Connecticut have now abolished the death
penalty as an option available to U.S. state courts.
"Saudi Arabia is 1 of just 3 countries that executes people for crimes they
committed as children," said Nisha Varia, senior women's rights researcher at
Human Rights Watch. "Rizana Nafeek is yet another victim of the deep flaws in
Saudi Arabia's judicial system."
As flaws are exposed in Rizana's case, advocates will continue to ask: Are
governments or advocates to blame for the death of Rizana Nafeek?
"Court proceedings in Saudi Arabian capital cases typically fall far short of
international fair trial standards. Defendants are rarely allowed formal
representation by a lawyer and in many cases are kept in the dark about the
progress of legal proceedings against them," says Amnesty International today
in response to the news of Rizana Nafeek's execution.
"Allegations that the offender is a minor are incorrect," said a formal
statement released by Saudia Arabia's state owned press agency on Sunday
January 13, 4 days after the execution of Rizana Nafeek. "Such allegations are
clearly and unequivocally refuted by her age. Her official passport shows that
she was 21 years old at the time of committing the crime. As it is universally
recognized, the passport is an official document issued by her Government.
Moreover, the legal regulations of the Kingdom of Saudi Arabia do not allow the
recruitment of minors," continued the statement.
As advocates hope to change the Kafala policy in Saudi Arabia that gives family
sponsors complete control over life-and-death decisions in cases including
their domestic workers, the road does not look easy. Saudi Arabia does not
appear at this time to want to reform its own system.
"The Kingdom of Saudi Arabia categorically rejects any interference in its
affairs or in the provisions of its judiciary under any justifications," adds
the Saudi Press Agency in their January 13 statement.
(source: Trust.org)
*************************************
Vice President Jejomar Binay has renewed his appeal to Filipinos to help raise
P44 million and save the life of Joselito Zapanta, an overseas worker facing
execution in Saudi Arabia for the killing of his landlord.
The amount of the blood money was lowered from P55 million by the family on
representations made by the Philippine government, Binay, the presidential
adviser on overseas Filipino workers' concerns, said.
Zapanta will be executed on March 14 if the money is not paid.
"I write on behalf of a family that is facing the biggest challenge of their
lives -- to raise P44 million in 4 months to save their loved one from
execution in Saudi Arabia," said Binay in a letter he sent to the Philippine
Daily Inquirer.
He said that Zapanta, a 33-year-old tile setter who went abroad to work in
2007, had become "a changed man" in jail.
Zapanta was sentenced to death for the killing of his Sudanese landlord, Saleh
Imam Ibrahim, in 2009 during an argument over the rent.
"Officers of the Philippine embassy and Department of Foreign Affairs who have
met and spoken to Joselito attest that he is a changed man who has repeatedly
sought the forgiveness of the aggrieved family and that of his own," said
Binay.
Originally set for Nov. 14 last year, Zapanta's execution was deferred for a
"nonextendable, nonnegotiable" 4 months after his victim's family agreed to a
stay and also reduced the amount of blood money.
Initially, the victim's family asked for 5 million Saudi riyals (roughly P55
million) to spare Zapanta's life but reduced this to 4 million riyals (P44
million) through "the government's timely intercession," said Binay.
"While we welcome the reduction and the additional time within which to raise
the money, we must admit it is still a substantial amount," he said.
Donations from private individuals have trickled in, with one donor giving P1
million and around 400 OFW families chipping in a combined P7,900. The
provincial government of Zapanta's native Pampanga is also helping raise funds
for him.
DFA figures showed that around 90 OFWs were in jails around the world facing
death at the end of 2012. About 40 of them have since been spared from the
death penalty and have had their sentences commuted to time.
(source: Philippine Daily Inquirer)
UNITED KINGDOM:
Comment: Mistakes cannot be rectified after an execution
Like many I was saddened by the execution of the Sri Lankan housemaid Rizana
Nafeek in Saudia Arabia last week.
The UK has been actively supporting calls for clemency, not least because there
is evidence to suggest that Rizana was a minor at the time of the alleged
murder she committed (UK statement on execution).
Demonstrations for the release of Rizana
The UK and fellow EU Member States are strong advocates for abolition of the
death penalty (which is no longer permitted in the EU). Last autumn we tried to
encourage both Sri Lanka and Maldives to join us in supporting the UN
moratorium on the Death Penalty. Despite supporting the previous UN motion in
2010, this time both countries chose to abstain.
Although both Sri Lanka and the Maldives have legislative provision for
imposing the death penalty, neither country has carried out judicial executions
for some time (since 1976 in Sri Lanka and 1953 in Maldives).
But in both countries there have been recent calls for the reintroduction of
the death penalty to help combat some of the more serious crimes. As someone
who has worked with very serious offenders in previous jobs, I personally doubt
the efficacy of capital punishment as a means of deterring crime and the
research I have seen bears this out.
Lady Justice is sometimes depicted with a blindfold to symbolise impartiality.
Of course for some people and cultures retribution is an important part of the
argument.
It's natural to feel anger and to desire revenge when we have been wronged. But
part of the role of an impartial justice system is to remove emotion from the
consideration in order to arrive at an objective assessment of the facts.
This is not to say that the victim's wishes or feelings should be ignored, but
a more dispassionate approach reduces the prospects of a miscarriage of
justice. And after an execution, mistakes can, of course, never be rectified.
For others, forgiveness is a stronger impulse.
I was humbled to read the recent comments of Mrs Nimalaraja, a Sri Lankan whose
husband was killed by a 14 year old boy in the UK last summer. Following the
sentencing of her husband's assailant last week she said: "I am not angry any
more. Before, I was angry because I lost my husband, but I am not angry now.
The boy is a child and he didn't mean to kill Nimal - it was an accident."
For Mrs Nimalaraja - who attended every court sitting - understanding what had
happened and seeing justice done was more important than heaping heavy
punishment on the perpetrator.
(source: Robbie Bulloch is the UK Deputy High Commissioner to Sri Lanka and the
Maldives; Minivan News)
SWAZILAND:
Vote Boycotters 'Face Treason Charge'
Opponents of Swaziland's non-democratic national poll this year could face a
charge of treason and the death penalty, a senior election official said.
Many pro-democracy groups and individuals are campaigning for a boycott of the
election because political parties are banned in the kingdom, ruled by King
Mswati III, sub-Saharan Africa's last absolute monarch, and the parliament has
no real powers.
Mzwandile Fakudze, deputy chair of the Elections Boundaries Commission (EBC),
told the Swazi Observer, the newspaper in effect owned by King Mswati, those
who seek to stand in the way of elections, which is tantamount to treason, will
face the wrath of the law.
The newspaper quoted him saying, 'Committing the offence of treason entails
when a person subverts or shows potential to subvert the activities of the
state even if it is without the use of arms, weapons or military equipment.'
People convicted of treason in Swaziland face the death penalty.
He was supported by EBC chair Prince Gija who said those who sought to sabotage
the election would face the wrath of the law.
Fakudze said the betrayal of one's own country by waging war against it or by
consciously opposing or purposely acting to aid its enemies, amounted to the
crime of treason.
The Observer defined treason as 'the violation by a subject of allegiance to
the state'.
Ministry of Justice and Constitutional Affairs Principal Secretary Thembinkosi
Mamba told the newspaper in terms of the law, whoever threatened to cause a
disarray towards the state and where his / her intentions caused one to believe
that there would be such a disarray, they would have to answer to the courts
why they should not be charged with the crime of treason.
Swazi Police Deputy Public Relations Officer Inspector Khulani Mamba said
threats to the state were not taken lightly, especially if such threats were of
intent to sabotage national elections because then it becomes the country's
security concern.
'We will be watching closely at such purported actions but will not divulge our
reaction plan as it is a concern of security,' he said.
(source: All Africa News)
_______________________________________________
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
