Jan. 31
IRAQ:
Iraq Announces 21 Executions in a Day
Iraq has executed 21 people convicted of terror-related charges, including 3
women, on the same day, a spokesman said on Tuesday, bringing to 91 the number
of people executed so far this year.
The executions come despite a call from the UN's human rights chief for a
moratorium on the use of the death penalty in Iraq, amid concerns over the lack
of transparency in court proceedings.
"The justice ministry carried out 21 executions against those condemned of
terrorist charges, including 3 women terrorists," Haidar al-Saadi said in a
text message. He did not give any further details.
A justice ministry official said the executions were carried out on Monday
morning.
Iraq has carried out several mass executions in 2012, including one in which 14
people were put to death on February 7, and another in which 17 were executed
on January 31.
UN High Commissioner for Human Rights Navi Pillay expressed shock earlier this
year at the number of executions, criticising the lack of transparency in court
proceedings and calling for an immediate suspension of the death penalty.
"Even if the most scrupulous fair trial standards were observed, this would be
a terrifying number of executions to take place in a single day," she said in
January.
Pillay voiced concern over a "lack of transparency in court proceedings, major
concerns about due process and fairness of trials, and the very wide range of
offences for which the death penalty can be imposed in Iraq."
In June, Amnesty International also condemned the "alarming" increase in
executions in Iraq.
It also called on authorities to "refrain from using the death penalty, commute
the sentences of all those on death row, believed to number several hundred,
and declare a moratorium on executions."
(source: Agence France-Presse)
ZAMBIA:
Death penalty clause raises heated debate in Livingstone
There was a heated debate over Article 28, Right to life whether the death
sentence should be maintained or be eliminated from the 1st draft constitution
in the on-going southern province convention.
Most delegates unanimously upheld Article 28 clause 3 which states that 'a
person may be deprived of life if that person has been convicted of capital
offence and sentenced to death,'
But others argued that it would defeat the preamble which declares the republic
as a Christian nation saying we are governed by the principles of the Bible
which says thou shall not kill.
Zambia Episcopal Conference (ZEC), Livingstone bishop secretary, Fr. Clifford
Mulasikwanda said the principles of Christianity while Monze central
parliamentarian, Jack Mwiimbu insisted that the clause stands as it is in the
draft constitution.
However, convention chairperson, Solomon Muzyamba put the motion to a vote that
would be conducted through a secret ballot by tomorrow with the session closing
with a prayer from Fr. Mulasikwanda asking God for guidance overnight for the
voting process over the motion by the delegates.
Earlier, Delegates at the on-going Southern Province Constitutional
Consultative Convention resolved that the Zambia adopts a federal system of
governance.
The delegates resolved that Zambia should adapt to the federal system of
governance but still remain a one Unitary State.
Making amendments to the first draft constitution, the delegates resolved that
the words "devolved system of governance" in the Preamble should be replaced
with the words "federal system of governance".
The delegates said once the Preamble is amended, it will allow the local people
to manage their own resources in a more amicable manner.
The Preamble in the current draft constitution reads" RESOLVE AND UPHOLD the
multi-ethnic and multi-cultural character of our nation and the self
actualisation of people living in different Provinces of Zambia and their right
to manage their own local affairs and resources in a devolved system of
governance within a unitary State.
Convention Chairperson, Solomon Muzyamba, ordered the house to go for a ballot
vote after a lengthy debate at which the majority scored 90 votes against the
opposing 57 while one delegate abstained out of the total 148 total votes
casted.
Meanwhile, the constitutional delegates have resolved that Article 47 be
amended so that the State should compensate claims by victims as ruled in the
courts of law within the period of 3 months.
Under the current draft constitution, Article number 47 (3) sub clause (e)
states that "the judgement may be enforced by execution against the state after
1 year of the delivery of judgement."
(source: Lusaka Times)
CHINA:
Calls for Stay of Execution
China appears set to execute a woman who killed her abusive husband.
Calls are growing both in and outside China this week for a reprieve for a
woman sentenced to death for killing her violent husband, putting the spotlight
on domestic abuse issues in the country.
Li Yan, from the southwestern province of Sichuan, was found guilty of killing
her husband Tan Yong following a violent dispute in November 2010.
Her lawyer said Tan had kicked Li and threatened to shoot her with an air rifle
when Li grabbed the rifle and struck Tan with it, killing him. Li then
dismembered Tan's body.
Li was sentenced to death in spite of previous complaints she had made to
police and women's groups of repeated verbal and physical abuses.
Her lawyers, relatives, and human rights groups all say this evidence wasn't
taken seriously by the courts that sentenced her and that upheld the sentence
on appeal.
Hopes for reprieve
"The Chinese government should immediately commute the death sentence against
Li Yan," the New York-based Human Rights Watch (HRW) said in a statement on
Wednesday.
Li could be executed imminently if the sentence is duly approved by the Supreme
People's Court in Beijing.
An employee surnamed Lu who answered the phone at the law firm hired by Li to
defend her said her legal team should be given the chance to prove she was
under extreme threat of physical violence from Tan.
"If we can establish the evidence that there was domestic violence, she could
be considered to be suffering from 'battered woman syndrome,'" Lu said.
"We hope that the Supreme People's Court will offer her a last-minute
reprieve."
"I believe that Li qualifies as exhibiting this syndrome."
Mitigating factor?
HRW called on Beijing to take its lead from other countries, in which previous
acts of violence against defendants can be used as a defense or seen as a
mitigating factor in sentencing.
"It is cruel and perverse for the government to impose the death penalty on Li
Yan when it took no action to investigate her husband???s abuse or to protect
her from it," Sophie Richardson, China director at HRW, said in a statement on
the group's website.
She added: "China's legal system needs to take account of the circumstances
that can lead domestic violence survivors to resort to violence in
self-defense."
The China Human Rights Defenders (CHRD) group also issued a statement on Li's
case, saying she had reported repeated domestic abuse at Tan's hands to police,
and had appealed for help to a local chapter of the All-China Women's
Federation.
"But no investigations into her allegations ever took place," CHRD said.
Early concerns
Li's brother Li Dehuai said he had had concerns about the health of his
sister's relationship with Tan right from the start.
"When I was a kid, my father hit my mother on 2 occasions, and I have a very
strong memory of it," he said. "That's why I am against beating women."
"I was against their getting married from the start."
He said he recognized that his sister had committed a terrible crime.
"In the end, she did something very wrong, and she also chopped up his body and
scattered it around," Li Dehuai said.
"Perhaps her sentence would have been lighter if she hadn't dismembered the
body."
Traditional Chinese belief regards bodily integrity in a dead person as crucial
for passage to the next world.
'Unhappy household'
According to Beijing-based rights lawyer Tang Jitian, Tan's own wrongdoing
hadn't sufficiently been taken into account, however. "This was a very unhappy
household, and it would be reflect poorly on our society if we terminated a
second life through judicial methods."
HRW and Lu both said there is a need in China for legislation on domestic
violence along the lines of similar laws in Taiwan and Hong Kong.
"I think there are deeper, ideological and social reasons why we haven't
produced such legislation yet, such as a weak legislature and judiciary," Lu
said.
Hundreds of prominent Chinese citizens have signed an open petition calling for
a stay of execution for Li.
They include women's rights lawyer Guo Jianmei, director of the Beijing Zhongze
Center for Women's Legal Counseling & Service Center, and Teng Biao, director
of the Beijing Xingshan Institute, which closely monitors use of the death
penalty in China.
(source: Radio Free Asia)
SAUDI ARABIA----execution
Saudi Arabia beheads 2 murderers; The executions bring to 9 the number of
people beheaded in Saudi Arabia so far this year
Saudi Arabia beheaded 2 of its nationals on Wednesday after they were sentenced
to death for separate murders, the interior ministry announced.
Marwan Al Balawi was convicted of stabbing to death another Saudi, Saif Al
Wabsi, during a dispute in Madinah in the northwest, said a statement published
by the official SPA news agency.
SPA also reported that authorities have beheaded Hussain Al Yami for having
shot dead Hamad Al Jaafar in the southwestern district of Najran.
The executions bring to nine the number of people beheaded in Saudi Arabia so
far this year.
In 2012, the ultra-conservative 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)
IRAN----executions
13 Prisoners Hanged in Iran
13 prisoners hanged in the past few days in different prisons across Iran.
According to the reports by Human Rights Activists News Agency (HRANA), Early
this morning, five Balouch prisoners: Nazar Shahbakhsh-son of Allah Dad,
Ne'matollah Shahbakhsh- son of Assad, Abdollah Shahbakhsh-son of Vali Mohammad,
Abdorrahman SHahbakhsh-son of Youcef and Saleh Noti Zehi were executed in
Kerman. They had been arrested 5 years ago. There is no information about their
charges.
6 prisoners convicted of drug trafficking were hanged in Esfahan, on Sunday
morning, January 27th of 2013. 2 of them were women. 1 of them was Afghan
citizen.
Masoud Ali Moradi,30 years old, hanged in Rajaie Shahr prison of Karaj on
Sunday morning, January 27th of 2013.
The other prisoner who has been hanged on January 28th of 2013, is unknown and
his name was not released yet. He was accused of addiction and selling 890
grams of Crack and sentenced to 300,000 tomans fine for his addiction and to
death because of the drug trafficking by branch 1 of Miyaneh revolutionary
court.
According to the report of statistics section of human rights activists of
Iran, 49 people hanged in Iran from December 21st to January 20th which 11 were
in public.
(source: Human Rights Activists News Agency)
**********************
Situation of sentenced to death Kurdish prisoner is uncertain
The dossier of Sherko Ma'arefi, political prisoner in Saqqez prison who has
been sentenced to death, is still at forgiveness and pardon committee in
Sanandaj without any respond.
According to a report by Human Rights Activists News Agency (HRANA), Sherko
Ma'arefi the political prisoner in Saqqez prison who has sentenced to death by
revolutionary court, is in danger of execution while he is waiting for the
respond of forgiveness and pardon committee in Sanandaj to his dossier.
This political prisoner from Baneh who is 30 years old, has arrested on
September 30th of 2008 and has been sentenced to death by first branch Saqqez
revolutionary court on charge of enmity against God.
After he appealed his verdict, branch 4 of the appealed of the province
confirmed the verdict. one year later, in October of 2009 the supreme court
confirmed the death verdict and since that time Sherko Ma'arefi is in danger of
the execution enforcement.
Then his dossier sent to the provincial forgiveness and pardon committee and
this committee refused to respond to Ma'arefi's family till now.
Also Sherko Ma'arefi did hunger strike in protest to his uncertain situation in
March of 2012 and informed the court and prison officials through a letter.
(source: Human Rights Activists New Agency)
NIGERIA:
Court sentences varsity worker to death
A Delta State High Court sitting in Orerokpe, Okpe Local Government Area, has
sentenced a 27-year-old David Erhirhie to death for being found guilty of
murder.
The court sentenced Erhirhie, a university worker, to death, having been found
guilty of the murder of Miss Chinoso Ijezie, an admission seeker in 2009, an
offence punishable under Section 319 of the Criminal Code Law State Cap C 21
Law of Delta State.
Erhirhie, it will be recalled, who until the incident was a junior staff with
the Delta State University, Abraka, was involved in admission racketeering and
collected N155,000 from the deceased to assist her to secure admission to the
university from a private university somewhere in Edo State, where she was
already running a programme.
The convict, however, could not help with the admission and, in a bid to cover
up the fraud, lured the late Ijezie to his house, pretending that he wanted to
refund the said amount, but, instead, murdered and secretly buried her in a
shallow grave close to his house before he was caught.
"The punishment for a crime of this magnitude is death penalty. This accused
does not deserve less. I hereby sentence you to death by hanging of the neck
until you are dead. May God have mercy upon your soul," the judge ruled.
(source: The Nigerian Tribune)
INDONESIA:
UK court challenge over death sentence in Bali
Britain's government faces a High Court challenge Thursday after it refused to
pay for a lawyer for a British grandmother's appeal against her death sentence
in Indonesia for drug smuggling.
Lawyers for the charity Reprieve, which works to protect the interests of
prisoners worldwide, said it would cost around 2,500 pounds to pay for an
adequate lawyer to take on the case.
Lindsay Sandiford, 56, was sentenced to death last week for smuggling nearly
5.0 kilos (11 pounds) of cocaine worth US$2.4 million on the Indonesian resort
island of Bali.
She argued that she had been forced into doing it and faced threats that her
children would be harmed, but the authorities say she was the ringleader in a
huge international drugs ring.
Law firm Leigh Day is seeking a judicial review of the British government's
decision not to pay for a lawyer.
"The government has a duty to ensure that the human rights of British citizens
are protected and that those sentenced to death, or suspected of or charged
with a crime for which capital punishment may be imposed, have adequate legal
assistance at all stages of the proceedings," said Richard Stein, a partner at
Leigh Day.
"This judicial review will challenge the government's refusal to fund the
???2,500 in expenses it would cost for a qualified Indonesian lawyer to
represent Lindsay in her appeal against execution by firing squad which will
take place on the beach in Bali if the government do not act."
Britain's Foreign Office said the government does not pay for lawyers abroad
representing British nationals, but her case was being raised through
diplomatic channels.
"We strongly object to the death penalty and continue to provide consular
assistance to Lindsay and her family during this difficult time," said a
spokesman.
The last execution of a foreigner in Indonesia was in June 2008, when 2
Nigerian drug traffickers were shot.
(source: ChannelNewsAsia)
*********************
Bali death sentence woman fails to make Britain pay lawyer
A British grandmother on Thursday lost a High Court bid to make the government
pay for a lawyer to help her appeal against her death sentence in Indonesia for
drug smuggling.
Lindsay Sandiford, 56, was sentenced to death last week for smuggling nearly
5.0 kilos (11 pounds) of cocaine worth $2.4 million (1.8 million euros) on the
Indonesian resort island of Bali.
Lawyers for the charity Reprieve, which works to protect the interests of
prisoners worldwide, sought a judicial review of the British Foreign Office's
decision not to pay for her legal representation in Indonesia.
They argued it would cost around 2,500 pounds ($4,000, 2,900 euros) to pay for
an adequate lawyer to take on the case.
But 2 judges at the High Court in London said that although they understood
"the deep concerns of Mrs Sandiford and her family about Mrs Sandiford's
predicament", the British government's decision was not unlawful.
Judges Elizabeth Gloster and Nicola Davies said that Sandiford's appeal had "no
reasonable prospect of success" and refused to order the Foreign Office to give
her a loan for the lawyer's fees.
Sandiford has argued that she was forced into smuggling the cocaine and faced
threats that her children would be harmed, but Indonesian authorities say she
was the ringleader in a huge international drugs ring.
Law firm Leigh Day had argued that the "government has a duty to ensure that
the human rights of British citizens are protected", especially those in
capital cases.
Britain's Foreign Office said the government does not pay for lawyers abroad
representing British nationals, but her case was being raised through
diplomatic channels.
"We strongly object to the death penalty and continue to provide consular
assistance to Lindsay and her family during this difficult time," said a
spokesman.
The last execution of a foreigner in Indonesia was in June 2008, when 2
Nigerian drug traffickers were shot.
(source: Agence France-Presse)
********************************
Death penalty woman did not have 'adequate lawyer', UK court told
The British government has been accused of breaching the "fundamental rights"
of a grandmother sentenced to death in Indonesia for drug smuggling by refusing
to pay for legal representation as she battles for her life.
2 judges at London's High Court are being asked to rule that the Foreign and
Commonwealth Office's failure to arrange "an adequate lawyer" for Lindsay
Sandiford, 56, from Cheltenham, Gloucestershire, is unlawful.
Sandiford, originally from Redcar, Teesside, was given the death penalty by a
court in Bali last week for taking 10.6lb (4.8kg) of cocaine on to the island.
The sentence would see her shot by a firing squad.
She was accused by the court of damaging the image of Bali and received the
sentence despite prosecutors only asking for a 15-year jail term.
The British High Court was told that a notice of appeal was filed with
Indonesian officials earlier this week and she was given a 14-day deadline to
file grounds of appeal.
Aidan O'Neill QC said Sandiford was urgently in need of funding because she is
currently without legal assistance and her family have exhausted all of their
available resources.
Mr O'Neill said there was "no prospect" that competent counsel would be
appointed to represent Sandiford on appeal without the Government providing
some funding.
Sandiford would not have access to an adequate lawyer unless the Foreign and
Commonwealth Office (FC0) made arrangements, or provided funds to an expert
non-governmental organisation such as Reprieve, which seeks to protect the
interests of prisoners worldwide.
A competent lawyer had been found in Indonesia who was willing to waive fees
and act pro bono, but required "operational costs" estimated at 2,500 lbs.
(2,915 euros) to be met, said Mr O'Neill.
He told Mrs Justice Gloster and Mrs Justice Nicola Davies that the FCO had
unlawfully fettered its own discretion by applying a blanket ban on providing
legal representation to British nationals overseas.
The refusal to assist Sandiford was a breach of Government obligations to take
all reasonable steps to ensure that her "inviolable human dignity" was
respected and protected.
Mr O'Neill said the Government was failing to protect her right to life - and
not to face the death penalty - despite being required to do so by the European
Convention on Human Rights.
There was also an obligation on the Government to ensure Sandiford had a fair
trial and any penalty imposed on her was not disproportionate.
There was also a violation of the EU Charter of Fundamental Rights and a
departure, without giving a good reason, from the Government's own policy
strategy for the abolition of the death penalty.
This included a commitment to provide adequate legal assistance in countries
which retain the death penalty, said Mr O'Neill.
(source: breakingnews.ie)
********************
Frenchman Caught Smuggling Hashish in Bali
A French national is facing the death penalty after he was caught carrying 70
grams of hashish at Ngurai Rai International Airport near Denpasar, Bali.
Vincent Roger Petrone, a 43-year-old plasterer, arrived at the airport on
Tuesday evening on board a Malaysia Airlines flight from Kuala Lumpur.
Customs officers stopped Petrone because he looked nervous and suspicious. They
escorted him to the Bali International Medical Center in Kuta, where it was
discovered that he had swallowed 4 capsules containing 70 grams of hashish.
"On the narcotics black market, the price of hashish reaches Rp 600,000 [$62]
per gram, so the hashish that the suspect carried is estimated to be worth a
total of Rp 42 million," Ngurai Rai's Customs and Excise Chief Made Wijaya told
a press conference at the airport on Thursday.
He added that Petrone claimed the drugs were for personal use, but law
enforcers doubted it.
"It's more likely [he's part] of a syndicate," Wijaya said.
Bali Police were now handling the case, Made said, and Petrone is being charged
under Article 113 of the Narcotics Law, which carries a death penalty.
(source: Jakarta Globe)
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