Feb. 18
INDONESIA:
Government in support of Redcar gran Lindsay Sandiford's appeal against death
sentence
THE UK Government has said it "strongly opposes the death penalty" and is in
support of Redcar gran Lindsay Sandiford's appeal against her death sentence
for drug trafficking in Indonesia.
Sandiford, 56, was sentenced to death by firing squad after she was found
guilty of smuggling 1.6m pounds worth of cocaine into Bali.
The British consulate in Bali has now submitted a statement as part of
Sandiford's appeal against the sentence.
The UK Foreign Office also said it had raised allegations of her mistreatment.
A spokesman from the UK Foreign and Commonwealth Office said: "It continues to
be the longstanding policy of the United Kingdom to oppose the death penalty in
all circumstances and we will do all we can to assist British nationals facing
the death penalty."
He added that allegations of mistreatment of Sandiford had been raised with the
Indonesian Ministry of Foreign Affairs.
The spokesman said: "We do not comment on legal matters as this may prejudice
an individual's case.
"We take allegations of mistreatment extremely seriously and if any British
national alleges mistreatment, we will, with their permission, raise it with
the appropriate authorities," he added.
Last month Sandiford, who is originally from Redcar, lost a legal bid in the UK
to get the British Government to find a lawyer for her appeal.
She almost didn't put in an appeal due to her lack of funds to hire a lawyer.
Her sister Hilary Parsons, also from Redcar, and her supporters helped raise
money to afford legal help and with just days to go until the appeal deadline
she was then able to afford to hire an adequate lawyer.
Reprieve, a UK charity which provides legal support for prisoners facing the
death penalty, is supporting Sandiford.
She was arrested in May last year after police in Bali found 1.6m pounds worth
of cocaine in the lining of her suitcase.
She said she became involved in trafficking because "the lives of my children
were in danger" - and her son had been threatened by a drugs gang.
She was convicted at Denpasar District Court of violating the country's drug
laws and was given the maximum sentence of death.
In the court's verdict, a judge panel concluded that Sandiford had damaged the
image of Bali as a tourism destination and weakened the government's programme
of drug annihilation.
Prosecutors had said they were seeking a 15-year prison term, and not the
maximum penalty.
(source: Gazettelive)
UNITED ARAB EMIRATES:
Death penalty sought for rapist stepfather
A man who allegedly raped his stepdaughter repeatedly over a 3-year period,
since she was 12, could face death penalty.
The man, who is alleged to have committed the acts while his wife was not in
the house, was also accused of drinking alcohol and driving while drunk.
The Public Prosecution demanded death penalty against the defendant as per
article 354 of UAE Penal Code on the grounds that the victim is a minor and the
act was incest, which is illegal under the purview of Islamic Shariah.
According to court records, the victim's mother and the defendant's wife had
reported to the police about the absence of the girl, who returned home at
dawn, tired and confused.
When her mother and grandmother asked what had happened to her, she said the
defendant had lured her to his car and told her that he wanted to talk to her.
He drove her to a desert area, where he raped her while he was under the
influence of alcohol.
When interrogated by the Public Prosecution, the victim said the defendant had
been raping her since she was 12, and intermittently, while he was drunk. The
victim said she could not refuse his request or tell her mother for fear of his
punishment and threats.
A medical report showed that the victim was not a virgin.
On interrogation, the defendant confessed to consuming alcohol, but said he had
only molested the victim and denied the charge of rape. He tried to justify his
crime, saying he had been drunk and was not aware of his actions.
He has been ordered by the Abu Dhabi Public Prosecution to be remanded in
custody for 21 days.
An authoritative source at the Office of the Attorney-General said this case
could not be confined to the criminal aspect and called for the severest
punishment to act as a deterrent.
The source said society must deal, through all educational and social
institutions, with the factors surrounding the defendant and the victim.
The most important question was what drove the defendant to commit this heinous
crime, as his attitude was against the social and religious values, the source
said.
The source also blamed the absence of the role of parents, school and friends,
which led to the crime to continue for three years without being brought to
light.
For children to be protected, it was necessary to have a healthy society, the
source said, while referring to the recent creation of the Wadeema law - named
after a young Emirati girl who was tortured to death by her father.
The law aims to implement mechanisms which will help a child speak freely about
any danger. The law lays heavy penalties against any person who knows that
child abuse is going on but does not inform the authorities. The source called
on parents to build bridges of confidence with their children, so they have the
ability to disclose any abuse.
(source: Khaleej Times)
DR CONGO/NORWAY:
Norway Uses Humanitarian Aid Card for Saving 2 Convicted Citizens in Congo;
Norwegian citizens Tjostolv Moland and Joshua French was sentenced to death in
Congo in 2009. Now the Environment Minister Bard Vegar Solhjell takes up
Norwegian humanitarian aid to save the convicted Norwegians
Environemnt Minister Bard Vegar Solhjell is currently in Congo to discuss new
Norwegian aid for saving rainforest. At the same time, he takes up negotiations
on Tjostolv Moland and Joshua French. Bard Vegar Solhjell said that authorities
in Congo also know that this issue complicates cooperation between the 2
countries.
Norway has allocated 213 million NOK to a variety of measures for the
protection of rainforests in Congo since 2009.
When Solhjell met the country's environment minister on Sunday, he also
expressed his desire to bring the 2 Norwegian prisoners back to Norway,
according to Dagbladet.
"I think the Congolese realize that protection of the rainforest and Moland and
French case are 2 different things. But at the same time they know well that
this issue complicates cooperation between our 2 countries," said Solhjell.
About the Case
Since 2009, French and Tjostolv Moland have been imprisoned in Congo, where
they have been convicted of killing their driver and espionage. The Norwegian
government has long attempted to make an extradition agreement with the
Congolese authorities, but there is no imminent solution for the Norwegian
prisoners.
The trial and conviction of Joshua French and Tjostolv Moland followed their
arrest and charges in May 2009, of the killing of their hired driver,
47-year-old Abedi Kasongo, which is said to have occurred on May 5, 2009, at
Bafwasende in Democratic Republic of Congo's Tshopo district. French was
arrested on May 9 in the Epulu game reserve, around 200 kilometres (120 mi)
from Kisangani. Moland was arrested 2 days later in the Ituri Province, a few
hundred kilometres farther northeast.
After their arrest, French and Moland were charged with killing Kasongo on the
Ituri Road, in the vicinity of the 109-kilometer marker between Kisangani and
the Ugandan border. Additional charges against the 2 included attempted murder
of a witness, espionage, armed robbery and the possession of illegal firearms.
Their trial, held on August 14, was allowed to take place before a military
court because firearms had been used in the crime. However, according to Mirna
Adjami, a local representative of the International Center for Transitional
Justice, only Congolese police and army soldiers can be tried before a military
tribunal; this raised questions as to the court's legality.
Prosecution evidence
During the criminal investigation, the Congolese authorities found Norwegian
military ID cards, counterfeit United Nations caps, and employee ID badges with
both the correct and false names of French and Moland. The employee badges were
from a little-known security company named Special Interventions Group (SIG)
which is owned by and mostly staffed by Norwegians. The investigators also
found SIG-Uganda employee ID badges which bore the identical SIG logo and the
false names of "John Hunt" and "Mike Callan" accompanying French and Moland's
respective photographs. During a raid on French and Molan's apartment,
authorities also confiscated at least 1 rifle and a camera containing images of
French and Moland on their recent travels in Africa. In 1 image, believed to
have been taken by French, Moland is seen smiling as he washes what is alleged
to be the blood of Abedi Kasongo from the inside of their car. French and
Moland have said that Kasongo was murdered by gunmen who attacked them on a
road.
2 individuals, Gina Kepo Aila and Kasimu Aradjabo, said they were both present
during the killing. Both witnesses told the court that Moland shot Abedi
Kasongo, while French threw himself over Gina Kepo Aila, whom he tried to kill.
According to both witnesses, several shots were fired, most probably 3.
Verdict
On September 8, 2009, French and Moland were found guilty on all counts and
sentenced to death. Along with the death sentence for both, the tribunal
ordered the Norwegian government to pay compensation to each Congolese citizen,
an amount Judge Claude Disimo, head of the military tribunal, said totals more
than US$60 million. The prosecution had sought the death penalty for the 5
charges made against the men. Norwegian authorities have denied that the men
were involved in espionage for Norway, and have expressed concern they were not
receiving a fair trial. Initially the Congolese claims of compensation had
amounted to more than US$500 billion.
A new trial with different judges found them guilty of murder and espionage on
June 10, 2010. They were again sentenced to death and the Norwegian State was
ordered to pay $65m.
Although it remains on the statute books, the death penalty is currently not
applied in the Democratic Republic of the Congo. The last known execution
occurred in 2003, and today capital punishment is usually commuted to life
imprisonment.
(source: The Nordic Page)
IRAN:
Iran's Supreme Court upholds death sentences of 4 fraud case convicts
Iran's Supreme Court has upheld the death sentences of 4 individuals convicted
of involvement in a $2.6 billion financial fraud case, the office of the
national prosecutor general announced on Sunday.
According to Iran's Supreme Court, the 4 convicts who have been sentenced to
death have also been ordered to pay fines.
In addition, the manager of the Kish branch of Bank Melli Iran has received
life imprisonment and has been ordered to pay fines.
And 2 former deputy ministers and 2 managing directors at the Transport
Ministry have been dismissed from their posts and have been sentenced to 10
years in prison and lashes.
They have also been ordered to pay fines and return the assets acquired through
the fraud.
The most massive fraud case in the history of Iran triggered a wave of
resignations and dismissals of the banking officials.
The Arya Investment Company is at the center of the controversy.
(source: Tehran Times)
********************************
27 executions in the last 3 days
The Iranian regime has publicly hanged 3 people this morning in Shiraz (South
or Iran) bringing the number of executions to 27 in the past 3 days.
Another 3 were hanged in the City of Arak (Central Iran).
Based on information received from inside the Iranian Regime, the Judiciary and
the Intelligence Ministry are engaged in scheduling further group executions in
different cities such as Kermanshah, Khoram Abad, Shiraz, Isfahan, Mashhad,
Bandar Abbas and Qizil hesar prison in Karaj.
The Iranian regime has increased the executions in a bid to prevent any public
expression discontent especially as the regime's sham presidential election is
approaching.
(source: National Council of Resistance of Iran - Foreign Affairs Committee)
BANGLADELSH:
New Bangladesh law allows death penalty
Thousands of Bangladeshi protesters cheered Sunday on learning Parliament
passed a law allowing the death penalty for an Islamist party leader, officials
said.
The life sentence given to Abdul Jade Mullah, the head of the Jamaal-e-Islam
party accused of crimes against humanity in the 1971 war in which Bangladesh
won its independence from Pakistan, set off angry protests for almost 2 weeks
in Dhaka and other cities, the BBC reported Sunday.
The new law means the government and others can now appeal against
International Crimes Tribunal verdicts, the BBC reported.
The tribunal was established in 2010 to try Bangladeshis accused of collusion
with Pakistani forces and committing war atrocities.
Further, the amendment will give the tribunal powers to prosecute any political
parties or organizations reputedly involved in war crimes, and ban such parties
from politics, law minister Shafique Ahmed said.
The tribunal is not up to international standards, human rights groups have
said.
The current government is using the tribunal to pursue a political vendetta,
Jamaal said.
(source: United Press International)
INDIA:
Prime minister urged to abolish death penalty
A rights panel Monday urged Prime Minister Manmohan Singh to abolish death
penalty and spare sandalwood smuggler Veerappan's four aides, facing execution
after their mercy pleas were rejected by the president.
The president Feb 12 rejected the mercy petitions of Gnanprakasham, Simon
Antonyiappa, Meesekar Madaiah and Bilavendran, sentenced to death for killing
22 people, including policemen, in a landmine blast near Palar bridge on the
Tamil Nadu-Karnataka border in 1993.
"We request the prime minister to abolish death penalty and spare the aides of
Veerappan who are facing death sentence," Asian Centre for Human Rights (ACHR)
director Suhas Chakma said.
"Since the government of India cannot execute those convicted of the murder of
Rajiv Gandhi and Beant Singh, it appears that Gnanprakasham, Simon Antonyiappa,
Meesekar Madaiah and Bilavendran will be executed to address the negative
fall-out following the execution of Afzal Guru," Chakma added.
"If India continues with the current spree of execution of those whose mercy
pleas are rejected or those who could not file mercy pleas, India will become 1
of the top 5 executioners of the world along with...China, Iran, Saudi Arabia
and Iraq," said a statement from the ACHR.
"India considered cases of at least 5,776 death row convicts during 2001 to
2011, i.e. 4,321 convicts whose death sentences were commuted to life sentences
and 1,455 convicts whose death sentence were confirmed by the courts," Chakma
said.
(source: New York Daily News)
*************************************
DMK chief M Karunanidhi asks for death penalty to be abolished
DMK chief M Karunanidhi has appealed for the death penalty to be abolished.
Earlier this month, Afzal Guru from Kashmir was hanged for his role in 2001's
deadly attack on Parliament. In November, Pakistani terrorist Ajmal Kasab was
executed for the 26/11 strikes in Mumbai in which 166 people were killed.
The hangings have provoked criticism from human rights groups.
Mr Karunanidhi's party is a senior member of the Prime Minister's ruling
coalition.
His request comes as 4 men from Karnataka have appealed against the death
sentence. The Supreme Court will hear their case on Wednesday. The men, all
members of the gang led by notorious sandalwood smuggler Veerappan, were
convicted for the deaths of 22 policemen in 1993.
In a letter to party workers, Mr Karunanidhi said the Centre and legal experts
should look at "removing hanging from law books in the interest of human rights
and humanity."
"Had this opinion (of abolition of death penalty), which is being stressed for
a long time given due consideration, death penalties which are continuously
being implemented now could have been prevented," he said.
The mercy petition of Veerappan's associates was rejected by President Pranab
Mukherjee last week, nine years after they asked for their sentence to be
commuted. Their lawyers argue that the "inordinate delay" merits a removal of
the death penalty.
The same argument was made by another three death row prisoners from Tamil
Nadu, who have been convicted for their role in the assassination of former
Prime Minister Rajiv Gandhi. Their case is also being heard by the Supreme
Court. Last year, the Tamil Nadu assembly unanimously passed a resolution,
urging the President to review their death sentence.
(source: NDTV)
**********************
SC stays execution of Veerappan aides till Wednesday; The apex court will hear
the petition filed by advocate Shamik Narain, on behalf of the 4 convicts, on
Wednesday
The Supreme Court on Monday stayed till further orders the execution of death
sentence of 4 aides of sandalwood smuggler Veerappan, who were awarded capital
punishment in 2004 for a landmine blast in Karnataka that left 22 police
personnel dead.
The bench posted the matter for Wednesday.
"In the meantime, the execution of death sentence of 4 convicts shall remain
stayed," a bench comprising Chief Justice Altamas Kabir and justices A.R. Dave
and Vikramajit Sen said.
"Let the writ petition be heard day after tomorrow," it said.
The petition on behalf of the four convicts was filed by advocate Shamik
Narain, who was given the liberty to amend and rectify it after objections were
raised on its maintainability by Attorney General G.E. Vahanvati who was asked
to assist the court.
(source: The Hindu)
*************************
SC stays execution of 4 Veerappan aides, for now
The Supreme Court on Monday stayed till further orders the execution of death
sentence of 4 aides of sandalwood smuggler Veerappan, who were awarded capital
punishment in 2004 for a landmine blast in Karnataka that left 22 police
personnel dead.
The bench posted the matter for Wednesday.
"In the meantime, the execution of death sentence of 4 convicts shall remain
stayed," a bench comprising Chief Justice Altamas Kabir and justices A R Dave
and Vikramajit Sen said. "Let the writ petition be heard day after tomorrow,"
it said.
The petition on behalf of the 4 convicts was filed by advocate Samik Narain,
who was given the liberty to amend and rectify it after objections were raised
on its maintainability by Attorney General G E Vahanvati who was asked to
assist the court.
Vahanvati questioned the maintainability of the petition on technical grounds
and said the copy of the petition was neither given to the Centre nor to the
Karnataka government till this morning.
Senior advocate Colin Gonsalves, appearing for the petitioners, sought liberty
from the bench to form a proper petition in a day or 2.
During the brief hearing, the court said if it will issue notice, it will have
to hear the matter entirely.
Further, the Chief Justice said there are 2 options-- either this bench will
have to hear the matter or it will have to refer to the bench which has been
seized with the issue of mercy petition.
The bench said hearing this matter may also have a bearing on the petitions
filed by the death row convicts in the Rajiv Gandhi assassination case against
the rejection of their mercy petition.
On February 16, the apex court had refused to give an urgent hearing on the 4
convicts' plea seeking stay of execution of their death penalty on the ground
that there was no proof that the hanging was to take place yesterday i.E
February 17.
Gonsalves had said they had approached the apex court after getting information
that the execution of death penalty was scheduled for February 17.
He had said he mentioned the matter at the CJI's residence and the CJI told him
that it will be taken up for hearing in due course.
Veerappan's elder brother Gnanaprakash, Simon, Meesekar Madaiah and Bilavendran
were awarded death sentence in 2004 in connection with a landmine blast at
Palar in Karnataka in 1993 in which 22 police personnel were killed.
Their mercy petition was rejected by President Pranab Mukherjee on February 13.
The 4 convicts are lodged in a jail in Belgaum in Karnataka.
A TADA court in Mysore had in 2001 sentenced them to life term which was
enhanced to death sentence by the apex court.
Gang leader Veerappan was killed in an encounter with the Tamil Nadu Police in
October 2004.
(source: Zee News)
************************
Prime minister urged to abolish death penalty
A rights panel Monday urged Prime Minister Manmohan Singh to abolish death
penalty and spare sandalwood smuggler Veerappan's 4 aides, facing execution
after their mercy pleas were rejected by the president.
The president Feb 12 rejected the mercy petitions of Gnanprakasham, Simon
Antonyiappa, Meesekar Madaiah and Bilavendran, sentenced to death for killing
22 people, including policemen, in a landmine blast near Palar bridge on the
Tamil Nadu-Karnataka border in 1993.
"We request the prime minister to abolish death penalty and spare the aides of
Veerappan who are facing death sentence," Asian Centre for Human Rights (ACHR)
director Suhas Chakma said.
"Since the government of India cannot execute those convicted of the murder of
Rajiv Gandhi and Beant Singh, it appears that Gnanprakasham, Simon Antonyiappa,
Meesekar Madaiah and Bilavendran will be executed to address the negative
fall-out following the execution of Afzal Guru," Chakma added.
"If India continues with the current spree of execution of those whose mercy
pleas are rejected or those who could not file mercy pleas, India will become
one of the top 5 executioners of the world along with...China, Iran, Saudi
Arabia and Iraq," said a statement from the ACHR.
"India considered cases of at least 5,776 death row convicts during 2001 to
2011, i.e. 4,321 convicts whose death sentences were commuted to life sentences
and 1,455 convicts whose death sentence were confirmed by the courts," Chakma
said.
(source: IANS)
************************
1 death penalty commuted to life term every day in India
India may be reporting 1 death penalty every 3rd day but it also commutes 1
capital punishment to life imprisonment every day - thanks to Delhi which leads
the chart by making course correction in old cases.
The national Capital, which reported 71 death penalties during 2001-11, saw
2,462 commutations in that 11-year period - accounting for more than 50% of the
total commutations (4,321) in the country. Most of these commutations were
related to cases where convicts were awarded death penalties by lower courts
before 2001.
Incidentally, Delhi saw more than 99% of the commutations (2,451) in just 3
years (2005-07) when higher courts went on an over-drive to commute death
sentences of convicts to life imprisonment in unprecedented numbers.
The figures - compiled by the National Crime Records Bureau of the home
ministry -- indicate that lower courts were more inclined to award death
penalty in previous decades which were later overturned by higher courts during
2001-11.
Prashant Bhushan, senior Supreme Court lawyer, said, "I am not aware of the
Delhi data but there is no standard for death penalty and it depends on the
whims of the judges. Perhaps the judges at the helm of affairs at the time were
inclined to give death penalty more readily."
He argued that seeking/awarding death penalty also appeared to be "a cultural
thing". For instance, Bhushan said, even among the India Gate protestors
(post-December 16 gang rape), there were many who demanded that hanging be made
the punishment for rape but the more mature women's organizations opposed this.
Besides Delhi, the commutation of death penalty to life imprisonment was
reported from Uttar Pradesh (458) followed by Bihar (343), Jharkhand (300),
Maharashtra (175), West Bengal (98), Assam (97), Odisha (68), Madhya Pradesh
(62), Uttaranchal (46), Rajasthan (33), Tamil Nadu, Punjab and Chhattisgarh (24
each), Haryana and Kerala (23 each) and Jammu & Kashmir (18).
Suhas Chakma, director of Asian Centre for Human Rights who has been calling
for abolition of capital punishment, said, "Death penalty is being awarded by
sessions courts very regularly by integrating or misinterpreting 'rarest of
rare' doctrine to any situation or circumstance. This is a cause of extreme
concern and there needs to be greater awareness on what constitutes rarest of
rare."
Asked about the unprecedented high commutation figures in Delhi, a former
secretary in the city home department said, "This is a very high number. I can
only assume that the trial and lower courts have been generous in handing out
death penalty to convicts which have been subsequently overturned by high
courts."
(source: The Times of India)
******************************************
Afzal Guru hanging: Why was the centre so cowardly?
The more one reads about the details of the Afzal Guru hanging, the more one
feels small.
Recent news reports confirm what many have suspected all along: that the UPA
government never intended to let Guru???s family know in advance about the
hanging.
Consider the facts: The government and the Tihar jail officials know that the
hanging is scheduled for 8 am on 9 February. So a Speed Post envelope
containing the jail authorities??? letter informing the family about it is
bagged in the wee hours of 8 February at 3.19 am, reports The Economic Times.
This is how ET tracks the progress of the letter. Tihar first books the letter
at 12:07 am on 8 February ??? ie, 32 hours before the actual hanging. This
itself is a giveaway on intent - since it normally takes four days to deliver a
Speed Post letter to non-metros.
Says the newspaper: "The letter was bagged by the GPO, Delhi, for Srinagar at
3.19 am, dispatched for Palam at 5.51 am and reached Palam at 7.39 am on
February 8. It was finally airborne for Srinagar at 10.29 am on February 8,
about 21 hours before the hanging."
But the jail authorities, secure in the knowledge that the letter won???t reach
the family for it to claim the body, note that "there is no request for the
body" and bury Guru inside Tihar.
One should have several problems with this approach.
First, it is plain and simple dishonest to believe that you are meeting the
technical requirements of the jail manual when the intent is quite the
opposite. It would have been more straightforward to say that in this case that
we did not follow the letter of the law for reasons of public security. It
would at least have been less hypocritical.
Second, once it was clear that the letter could not have reached the family
before the hanging, was it not common courtesy to wait for confirmation of its
delivery before taking a call on burying him in jail? Quite clearly, here too
the government's intentions were suspect.
Third, if the GPO authorities can collect a Speed Post letter at 3.19 am from
jail as a special case, surely they can arrange to deliver it in time as a
special case too? Maybe Communications Minister Kapil Sibal can tell us why his
Speed Post is willing to court ignominy for the home ministry's follies.
Fourth, Home Minister Sushil Kumar Shinde should be taken to task for making
misleading statements on this issue. He claimed that "2 Speed Posts within a
gap of 10 minutes were sent on the evening of February 7." And then he
maintained that "I have information that communication was sent to the family.
The letter was sent on February 7 night and the action was taken on February
9," The Times of India quotes him as saying.
The point is this: should the home minister of a country get away by telling us
white lies?
His own Prime Minister is now reportedly unhappy with Shinde for his failure to
inform the family in time, but we don't know if Shinde will ever lose his job
for dereliction of duty.
The whole Afzal Guru affair is a sad commentary on the cowardice of the Indian
state, and especially the UPA government headed by Manmohan Singh and Sonia
Gandhi.
For 6 years after the Supreme Court reconfirmed its death penalty on Afzal
Guru, the government hemmed and hawed over the mercy petition, cowardice
written all over its inaction.
And when the decision is taken, possibly due to expectations of political
advantage, cowardice again rules with the government subverting its own jail
manual for fear of public repercussions in Kashmir Valley.
Cowardice is not the answer to the Kashmir problem. By its action and inaction
in the Afzal Guru case, the UPA government has shamed the state and the nation.
It has made a bad situation in the Valley worse.
(source: FirstPost.India)
************************
LTTE campaign delayed Rajiv Gandhi's killers' hanging, source says
3 Rajiv Gandhi assassins have opposed the execution of the death sentence
awarded to them by pointing to the 12 year-lag between the Supreme Court's
confirmation of the high court's order to send them to the gallows and the
rejection of the mercy petition by President. Behind this argument, it turns
out, is a well-organized campaign by LTTE cadres, sympathizers and human rights
groups opposed to death penalty who could well have been the reason for the
delay in the 1st place.
A confidential government document, accessed through RTI, described the
unprecedented number of appeals from across the world as an "orchestrated
campaign" by cadres of the Liberation Tigers of Tamil Eelam (LTTE) and
sympathizers against the execution of the Supreme Court's 1999 order sentencing
them to death.
Murugan, Santhan and Perarivalan later cited the delay when they submitted
their mercy petitions to the President, seeking commutation of their death
sentence to life. Their writ petitions are now with the Supreme Court.
A close scrutiny of documents accessed under RTI, in response to a plea filed
by activist S C Agrawal, shows that the 1999 verdict led to international and
domestic pressure on the government.
President bombarded with clemency pleas
The death sentence awarded to Nalini, another accused in the case, was commuted
to life in April 2000 by the Tamil Nadu governor on the ground that she had a
young child. Congress president Sonia Gandhi was among those who had sought
clemency.
The announcement of death penalty led to the European Union issuing a demarche
to the Indian government. Tamil and human rights groups lobbied France, South
Africa, Germany, Denmark, UK MPs, the Archbishop of Madras-Mylapore as well as
Indian ministers for not carrying out the death sentence. Rashtrapati Bhavan
was bombarded with clemency pleas.
It was against such a backdrop that President K R Narayanan did not take up the
clemency pleas in 1999. It was only in August 3, 2011 that clemency pleas were
turned down by then President Pratibha Patil. Immediately afterwards, the
convicts moved court, successfully stalling the execution by citing the delay
in the implementation of the apex court's 1999 order.
The high-decibel campaign reflects the effectiveness of the Tamil diaspora and
their sympathy for the killers of the former prime minister. The number of
petitions seeking clemency for the 4 accused was so high that in December 1999,
the MEA in a note said, "The government has received numerous petitions calling
for setting aside of the death penalty awarded to 4 persons accused in the
Rajiv Gandhi assassination case. Most of the petitions seem to be part of a
campaign orchestrated by the LTTE cadres/supporters/sympathizers and human
rights groups opposed to death penalty. EU Ambassadors in Delhi have also made
demarche to the government. A communication on the subject has also been
received from the Special Rapporteur on extra-judicial, summary and arbitrary
execution. The purpose of this communication is to provide sufficient
background material to rebut any negative media coverage and to respond to any
queries on the subject.''
In February 2000, the EU Troika head of mission in Delhi issued a "confidential
demarche'' and requested the President to commute the sentence of the 4 persons
to life. Among the other petitioners who sought death penalty waiver were NGOs
like Campaign against Death Penalty, Dravidians for Peace & Justice, South
Africa chapter, South African Tamil Federation, The World Saivite Council, the
South Indian Foundation and the Federation of Tamil Associations in France.
British member of Parliament from Brent North Barry Gardiner sought to draw a
parallel with Guru Hargobind's incarceration by Mughal rulers in Gwalior fort
in the 17th century. Gardiner said that the Guru's imprisonment came from his
insistence on religious freedom for his people and even the emperor Jahangir
eventually agreed to release him on Diwali. Others quoted Gladys Staines who
forgave those who murdered her husband and children.
Among the political leaders who petitioned for the four were MDMK's Vaiko and
SAD's Simranjit Singh Mann. Rev Dr Arul Das James, Archbishop of
Madras-Mylapore, and Baba Amte also supported clemency while the then minister
of state for petroleum and natural gas E Ponnuswamy forwarded a plea as well.
From the judiciary, V Krishna Iyer and Justice Hosbet Suresh also submitted
pleas to Narayanan.
But it was not as if the rejection of mercy petition was without support.
Tamizhanga Rajiv Congress, All India Rajiv Gandhi Brigade and Subramanian Swamy
from Janata Party were among the supporters of the hanging.
**********************
Belgaum jail awaits hanging orders for Veerappan aides
The jail in Belgaum where four condemned aides of brigand Veerappan are lodged
is still waiting for orders to go ahead with their execution. There had been a
buzz that the convicts would be executed on Sunday morning, but that did not
happen.
Jail sources said the authorities are waiting for the Mysore session court's
order regarding the date and timing of the executions. They said, as per the
state prisons department's order, the assistant superintendent of jail was due
to leave for Mysore on Sunday night to collect the order.
The jail authorities began preparations for the executions after President
Pranab Mukherjee rejected the mercy petitions of Veerappan's brother
Jnanaprakash, Bilavendra, Simon and Meesekar Madaiah last Tuesday. The Supreme
Court then declined permission to them to file a petition challenging the
President's rejection.
All the convicts have been shifted to the barracks next to the hanging place
inside the jail. Dr Vasant Yamakanmaradi, medical officer of the Central
Prison, Hindalga, said the four convicts are both mentally and physically
healthy. "We have been regularly conducting their health check-up to ensure
they are fit to be executed," he said. "All convicts have been informed about
their execution."
The prisons department is reportedly training a jail staffer to carry out the
executions since there is no hangman in the jail. The staff member is said to
be performing mock hangings daily for the past 3 days.
Jail superintendent Veerabhadra Swami refused to comment on anything related to
the executions.
Lawyers denied permission to meet aides of Veerappan
Hindalga Jail authorities continued to deny permission to lawyers of 4 aides of
forest brigand Veerappan whose mercy petition has been rejected by President
Pranab Mukherjee.
On Sunday, the lawyers who came to meet the aides of Veerappan, who are
expected to be executed at any moment after the rejection of mercy petition,
were denied permission to meet and get the signature of the four convicts on
wakalat application forms.
Lawyer Shanthi Fonseca, advocate in Goa high court, who came all the way form
Goa and camped in Belgaum since Saturday to take up the case of aides of
Veerappan struggled a lot to take the signature of aides, but she was not
allowed to meet the aides. Another advocate, M Ramesh, of Belgaum and member of
NGO were also not allowed to meet the aides of Veerappan.
With wakalat forms in their hands, lawyers had heated arguments with jail
authorities and insisted them to let them inside to meet the aides to get their
signature but in vain as jail authority remained adamant and denied permission.
Speaking to TOI, Shanti Fonseca, said, "I have been struggling to meet the
convicts since the past 2 days but I was not allowed to meet them. The jail
authorities are not giving any respect to law and going against the rule of the
law. Lawyers must be allowed to meet the convicts who are facing death
sentence. We should be given permission to get their signature so that we can
fight for them to rescue them from death penalty."
Delay in disposal of mercy petition
Shanti who left for Goa on Sunday evening, said, she is filing a petition in
the Supreme Court on Monday appealing to stay the execution order of four
convicts. The jail authorities should announce the date and timings of the
execution of these 4 convicts and they should not treat this case on par with
other cases of terrorists.
There has been an inordinate delay in disposal of mercy petition of all four
aides of Veerappan as it took 9 years. All of a sudden, the mercy petition of
all 4 convicts, who have already spent nearly two decades in jail, was rejected
by the President and it is not at all acceptable, she said.
(source for both: The Times of India)
LIBYA:
Foreign 'Christian Missionaries' Arrested In Libya, Charge With Publishing
Biblical Texts, Which Carries Death Penalty
4 alleged Christian missionaries have been arrested in Libya for distributing
Biblical literature, an offence that could carry the death penalty.
The 4 were arrested in Benghazi on suspicion of printing books about
Christianity, security official Hussein Bin Hmeid said.
He told Reuters: "They were arrested on Tuesday at a publishing house where
they were printing thousands of books that called for conversion to
Christianity.
"Proselytising is forbidden in Libya. We are a 100 % Muslim country and this
kind of action affects our national security."
The private security firm, Preventative Security, which is affiliated to the
government, arrested an Egyptian, a South African, a Korean and a Swedish-US
citizen.
He said the 4 would be interrogated and then handed over to Libyan intelligence
authorities in a few days.
There is small Christian population in Libya, with tough restrictions on
religious practice. Inter-marriage with Muslims is forbidden unless the
Christian partner converts to Islam.
There are estimated to be around 300,000 Christians in the country, many of
them immigrant workers from Europe and the rest of Africa. But churches in the
country, of which there are 5 in Tripoli alone, have rarely been attacked or
Christians targeted, unlike in Egypt or Tunisia.
But many in the country are worried. A church bombing in December killed 2
people in the Mediterranean town of Dafniya.
Last week, Dalmasso Bruno, caretaker of the Italian cemetery in the Libyan
capital told AFP: "Not a day goes by without tombs being vandalised.
"Human bones have been taken out of their tomb and scattered across the
cemetery.
"The Libyan authorities came and took pictures. They promised to take measures
but nothing has been done."
Father Dominique Rezeau of the Catholic church of Saint Francis near central
Tripoli, attended by congregants mainly from India, the Philippines and African
nations, told the news agency there church took no special security measures
and worshippers could enter and move around freely.
(source: Huffington Post UK)
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