Feb. 28



PAKISTAN:

The Kafkaesque reality of Pakistan's blasphemy laws -- Sherry Rehman, Pakistan's ambassador to the US, is under police investigation for alleged blasphemy after making the case on television for the law to be re-examined and for the death penalty to be removed.


In Franz Kafka's novel, The Trial, the protagonist Josef K. is unexpectedly arrested by two unidentified agents from an unspecified agency for an unspecified crime. For the duration of the story, neither Josef nor the reader knows what he is supposed to have done, even when he is eventually killed for his crime.

The situation surrounding Pakistan's controversial blasphemy laws is not dissimilar. The law means that anyone found guilty of defaming the Prophet Muhammed can be sentenced to death. Many facing such accusations have been forced into hiding or killed by mobs before they even stand trial.

Blasphemy laws in and of themselves are not unusual: many countries across the world have legislation which restricts what one can say about religion. The problem in Pakistan comes from the exceptionally harsh penalties, and the light burden of proof. The law sets out no guidance on what constitutes blasphemy, no standards for evidence, no requirement to prove intent, and no safeguards to punish those who make false allegations. This means that, essentially, the standard for blasphemy is whatever offends the accuser. As such, it is frequently used to persecute minorities or settle personal vendettas.

Witnesses can refuse to repeat the alleged blasphemy in court, in case they themselves become culpable. There have been stories of judges refusing to hear evidence defending the accused for fear of offending religious zealots. Blasphemy is a non-compoundable crime, meaning that cases cannot be settled out of court. Once a charge is filed, it is difficult for the case to be quashed, and the accuser cannot simply drop charges. It is not unthinkable that someone could be accused of blasphemy and sentenced to death without ever being told exactly what they are meant to have said and thus being unable to disprove it. Suddenly, Kafka's Josef F doesn't seem quite so surreal.

That blasphemy laws are a serious impediment to freedom of speech goes without saying. But the extent to which this is true has been highlighted yet again in recent days, with the news on 21 February that Sherry Rehman, Pakistan's ambassador to the US, is under police investigation over allegations of blasphemy.

The basic facts of the case are as follows. In late 2010, before Rehman had been posted to the US, she lodged a private members' bill seeking to abolish the death penalty for blasphemy after Aasia Bibi, a Christian woman, was sentenced to death. 2 other politicians who were campaigning for a change to the law were murdered soon afterwards. Salman Taseer was shot in January 2011, and Shahbaz Batti in March 2011. Blasphemy reform was shelved soon afterwards.

On 30 November 2010, before Rehman's private members' bill had been thrown out, she appeared on Dunya TV's news programme, Dunya Meray Aagay. She repeated her calls for the law to be re-examined and for the death penalty to be removed. Remarks she made on the show prompted Muhammad Faheem Akhtar Gill, a marble dealer in Multan, to lobby police to register a case against her for blasphemy. After nearly 3 years of persuasion, his efforts have been successful, and the police have started an investigation under the orders of the Supreme Court. Given the aforementioned problems with the blasphemy legislation, the media cannot report what Rehman is supposed to have said, in case newspapers fall foul of the law. People are clearly curious: a Google search for "Sherry Rehman - what did she say" yields 21,800 results.

That a lawmaker should face a criminal investigation for discussing a parliamentary matter is, once again, Kafkaesque. The law of parliamentary privilege applies in Pakistan. It gives members of parliament legal immunity for actions done or statements made in the course of their legislative duties. The idea underpinning this law is that parliamentary business shouldn't be impeded by restrictions on free speech. In the United Kingdom, where libel laws are the biggest drag on free speech, MPs cannot be censured for defamatory statements made while they are in the Houses of Parliament. Given that blasphemy laws are arguably the most significant restriction on free speech in Pakistan, it would not be unreasonable to expect a similar immunity.

Of course, parliamentary privilege covers lawmakers while they are actually in parliament - and when Rehman was speaking to Dunya TV, she clearly was not in the parliament building. But the fundamental fact remains: the blasphemy reform bill was passing through the legislature and a lawmaker is now facing charges for discussing it. A crucial part of a functioning democracy is the ability to openly and publicly debate significant legislative changes before they are passed into the statute book. If proposed legal changes cannot be openly discussed without politicians facing prosecution, it has serious ramifications for the very functioning of the Pakistani state. It is the public that will suffer if laws and policies can???t be debated and scrutinised.

The blasphemy law has created and facilitated a culture of vigilantism. As soon as someone has been accused of blasphemy, they live under the threat of death. When the young Christian girl Rimsha Masih was falsely accused of blasphemy last year, her family was forced into hiding. According to the Islamabad-based Centre for Security Studies, at least 52 people accused of blasphemy have been killed since 1990. Many die at the hands of angry mobs before they are convicted. Given this high threat of violence, it is perhaps unsurprising that politicians are afraid to touch blasphemy law.

In Pakistan, as in my countries across the world, those who shout the loudest end up wielding the most power. Unfortunately, extremist or conservative elements are more than capable of invoking religion to stir up mass outrage and violence. There is no doubt that this has had a chilling effect on free speech across the board; campaigners working in areas from women's rights to internet censorship can find themselves dismissed as blasphemers or immoral people, and facing the associated backlash.

Politicians should not be above the law (a particularly sore point given recent corruption allegations), but nor should they be penalised for doing their jobs. A situation where the reform of a particular law cannot be discussed in case the discussion itself breaks that law is worthy of a Kafka story, but not of a healthy and functioning state.

(source: New Statesman)






AFGHANISTAN/IRAN:

Hundreds take to streets against executions in Iran


Hundreds of angry residents in the western province of Herat blocked the Herat city's highway on Thursday morning to protest against the execution of Afghans in Iran. The protesters also called on the Iranian regime to hand over the dead bodies of the Afghans to their families and urged the Afghan government to follow the issue of Afghan citizens execution in Iran.

One of the protesters, Mir Khan, told Pajhwok Afghan News: "My brother and nephew were among the 13 people of my village who were shot dead a few months back by Iranian guards."

Their bodies were yet to be handed to relatives, the protestor said, complaining that the Afghan government and the international community had done nothing to resolve the problem.

Last week, about 20 bodies of the Afghans executed in Iran were brought to Takhar province. President Hamid Karzai on Monday tasked the Ministry of Foreign Affairs to discuss the issue with Iranian regime officials, according to Afghan news agencies.

(source: National Council of Resistance of Iran)






INDIA:

Labour MP John McDonnell urges India to end the death penalty


The British Government should use "every mechanism of communication" to urge India to end the death penalty, a Labour MP has said.

John McDonnell said Britain was "uniquely placed" with its shared history with India to urge its government to halt executions and sign up to the UN Convention opposing the death penalty.

Introducing a backbench business Commons debate on the Kesri Lehar petition to abolish the death penalty in India, the MP for Hayes and Harlington paid tribute to the campaigners, many of whom sat watching the debate in the public gallery.

He said that last year when the "first inkling" was received that India was considering ending its 8 year moratorium on implementing the death penalty, members of the Punjabi community in the UK, especially the Punjabi Sikhs came together and launched the campaign.

They secured more than 100,000 names on their petition to abolish the death penalty and address other human rights concerns.

Mr McDonnell said "fears were compounded" when in November 2012 India ended its moratorium and carried out an execution, with a hanging taking place in February this year.

In December 2012 the UN voted for the 4th time for a resolution calling for a global moratorium on executions and while 111 countries voted for, India voted against.

He argued there was a "real risk" that with more than 400 people on death row in India and 100 more sentenced to death each year, many more executions were likely to follow unless action was taken.

He said: "First of all we need to recognise the historical relationship between India and Britain means that the UK Government is uniquely placed to urge the Indian government to end the death penalty.

"Therefore I'm calling on the UK Government to use every forum, every mechanism of communication established with India both formal and informal, to press the Indian government to halt the executions now and then to sign up to the UN Convention opposing the death penalty.

"I wrote to the Prime Minister before his recent visit to India to urge him to raise this issue with the Indian government and I hope that the minister can report back on that, and the continuing pressure that successive governments now across party have been placing upon the Indian government."

Mr McDonnell urged Britain to raise the issue with European partners to seek a joint representation from all of Europe to India on the subject.

He also said Britain should work with other countries to raise this call within the UN, adding: "With a UN Human Rights Council meeting imminent this is an ideal time to place this back on the UN agenda."

He appealed to India to "embrace humanity by ending the state killing once and for all".

The Backbench Business motion, signed by a cross-party group of MPs, states: "That this House welcomes the national petition launched by the Kesri Lehar campaign urging the UK Government to press the Indian government to sign and ratify the Rome Statute of the International Criminal Court and the UN Convention against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment, which encompasses the death penalty, with the result that India would abolish the death penalty and lift this threat from Balwant Singh Rajoana and others."

Foreign Office Minister Hugo Swire said the death penalty "undermined human dignity" and said the British Government continued to aspire to its global abolition.

He told the Commons: "Use of the death penalty in India is a complex issue and it continues to be the subject of much debate across Indian society.

"It was disappointing India's de facto moratorium on the death penalty which had existed for over eight years ended with the hangings of Mohammad Ajmal Kasab and Mohammad Afzal Guru last November and February this year respectively.

"Kasab and Guru were convicted of very serious crimes, involvement in the Mumbai attacks in 2008 and the 2001 attack on the Indian Parliament. It is important to remember the impact such acts of terrorism have on the people of India.

"Notwithstanding this, it remains the British Government policy to oppose the death penalty in all circumstances as a matter of principle. I hope the Indian government re-establishes a moratorium on executions in line with the global trend towards the abolition of capital punishment."

Mr Swire said he had reiterated the Government's position to the Indian administration last week when he accompanied Prime Minister David Cameron to the country.

And he said the India-EU Human Rights Dialogue would present a further opportunity.

The minister added: "They listened to what I had to say, was aware of our consistent position, and stressed to me the very real fear in India created by these acts of terrorism."

Shadow foreign office minister John Spellar said: "I congratulate Kesri Lehar for their campaign.

"Uniting the community, whatever their views may be, and also gaining very wide public awareness of the issues we are discussing today.

"I also reaffirm the united determination of this Parliament on all sides to secure justice for the Sikh community of the Punjab."

(source: The Independent)

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

UK Government confirms opposition to death penalty in Inida; Bhullar and Rajoana cases find specific reference


On the eve of the debate in the UK Parliament on the Abolition of the Death Penalty in India the Sikh Federation (UK) has been copied a letter dated 27 February 2013 sent by the Rt Hon Hugo Swire, Minister of State at the Foreign and Commonwealth Office.

The letter to his counterpart the Rt Hon John Spellar, a shadow Foreign Minister notes the UK Government's disappointment that India ended its de-facto moratorium on the death penalty in November 2012. The letter states: 'it is the longstanding policy of the British Government to oppose the death penalty in all circumstances.'

Rt Hon Hugo Swire has confirmed that he met Indian Foreign Minister Ranjal Mathai in the Indian Ministry of External Affairs last week on 19 February in New Delhi as part of the UK Prime Minister's delegation and raised the UK Government's concerns.

The letter, a copy of which is available with the Sikh Siyasat News (SSN) continues to state:

'I am aware of the high level of interest amongst the British Sikh community and Parliament in the cases of Professor Davinderpal Singh Bhullar and Balwant Singh Rajoana. I will continue to monitor these case closely . . . The British Government will also continue to make its position clear to the Indian government, both bilaterally and through the EU, and urge them to introduce a formal moratorium with a view to eventual abolition of the death penalty.'

Bhai Amrik Singh, the Chair of the Sikh Federation (UK)

In a statement released by S. Gurjeet Singh, Secretary of Sikh Federation UK - Bhai Amrik Singh (Chair of the Sikh Federation - UK), said: 'We appreciate the UK Government's response to our lobbying of the UK Prime Minister, David Cameron before he left for India and our demand that the issue of the death penalty and the cases of Professor Davinderpal Singh Bhullar and Balwant Singh Rajoana be raised when he visited India last week.'

'The letter to Rt Hon John Spellar does not come as a surprise as the UK Government are aware of the proposals we have asked MPs to push in the Parliamentary debate on 28 February and this is one way to counter calls for the UK Government and EU Members States to take the matter up at the United Nations General Assembly', he added.

(soure: sikhsiyasat.com)

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

Death for 2 in Anitha murder case


The District Sessions Court here has sentenced to death the 1st and 2nd accused, Kalathil Nassar, 37, of Thariode, and Abdul Gafoor, 31, of Padinjarathara, who were found guilty of the murder of a 20-year-old college student about 2 years ago.

The case pertains to the murder of Anitha, daughter of Viswanathan Nair, Padinjarathara, on August 9, 2011. According to the prosecution, Anitha, a final-year BA economics student of a parallel college in Mananthavady, was raped and strangled to death by the duo inside the reserve forest area at Appapara near Thirunelli. The 1st accused, a well digger, lured Anitha with promises of marriage and sexually abused her several times. The girl's persistent demand for marriage forced him to resort to the barbaric crime, the prosecution submitted.

The victim's decomposed body was found by tribesmen near the Forest Division office in Appapara on August 21, 2011.

Vettikattil Muhammad, the third accused, was acquitted after the prosecution could not submit any substantial evidence proving his direct involvement in the murder.

While sentencing the duo under Section 302 (murder offence) of the Indian Penal Code on Wednesday, Judge M J Sakthidharan said the accused were found guilty of the charges of conspiracy, abduction, rape, murder, robbery and concealment of evidence.

The convicts should also separately undergo rigorous imprisonment (RI) under various sections of the Indian Penal Code that include a 10-year RI and a fine of 5,000 for abduction. A 7-year RI for conspiracy, concealment of evidence and theft, and a fine of 40,000 each were also slapped on them.

If the convicts fail to remit the penalty, they would have to undergo an additional 6 years of rigorous imprisonment, the court held.

(source: New Indian Express)

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

Delhi gang-rape case: Minor accused charged with rape, murder


Juvenile Justice Board on Thursday framed rape and murder charges against minor accused in the December 16 Delhi gang-rape case.

The family of the Delhi gang-rape victim had demanded death penalty for the juvenile accused in the incident.

"Sazaa kisi sey kam nahin honaa chahiye, chahey woh juvenile hai ya kuchh bhi hai (the punishment should not be less even if he is a juvenile)," Nirbhaya's father had said.

He said the punishment should be equal for all. "Sab ko barabar. Barabar maney phansi (same punishment for all, in other words death sentence)," he said.

"The family is not ready to accept that the sixth accused get anything less than death penalty," the victim's brother had said.

(soure: The Times of India)




CHINA:

Chinese sailors' killers to be executed


A Chinese court ordered execution by lethal injection for 4 people convicted in the 2011 killing of 13 Chinese sailors on the Mekong River.

Facing executions set for Friday are Naw Kham, identified as a Myanmar drug lord, and 3 accomplices, whose death sentences were upheld by a court in December.

A court in Kunming in southwestern China's Yunnan province Wednesday said the 4 will be executed in the city, the official Xinhua News Agency reported.

The other 3 were identified as Hsang Kham of Thailand, Yi Lai, who is stateless, and Zha Xika of Laos.

Xinhua said the court rejected their appeals and upheld the death sentences. China's Supreme Court, which later reviewed their cases, signed an execution order, Xinhua reported.

The lower court has already arranged for Thai and Myanmar consular officials and relatives to meet with the convicts, the report said.

In the December decision, another suspect's death sentence was upheld with a reprieve, while a 6th suspect was given an 8-year prison term.

All 6 were convicted of intentional homicide, drug trafficking, kidnapping and hijacking.

Naw Kham was accused of being the head of the largest armed drug-trafficking gang on the Mekong River, which flows through China, Laos, Myanmar, Thailand, Cambodia and Vietnam.

Naw Kham's gang was accused of attacking two Chinese cargo ships in October 2011, killing 13 Chinese sailors. The gang also was accused of being involved in a kidnapping-for-ransom case targeting Chinese citizens on the Mekong.

Official Chinese media reported a joint police operation by China, Laos, Myanmar and Thailand led to the gang members' arrest last year.

(source: United Press International)

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

China announces death penalty for Myanmarese drug lord


A Myanmarese drug lord, nicknamed the Godfather, and his 3 accomplices convicted of murdering 13 Chinese sailors will be executed on Friday, the government announced on Thursday in a rare public statement on death penalties.

China is known to execute an unknown number of accused every year - by some accounts the largest number in the world - but seldom makes official announcements about executions.

The 4 accused will be given lethal injections on Friday under the supervision of the Kunming People's Procuratorate in south China.

The ring leader, Naw Kham and his gang members allegedly planned and colluded with a group of soldiers from Thailand to attack on 2 Chinese cargo ships, the Hua Ping and Yu Xing 8, on October 5, 2011 on the Mekong River.

Naw Kham was the boss of the largest armed drug trafficking gang on the Mekong River, which flows through China, Laos, Myanmar, Thailand, Cambodia and Vietnam.

According to the government statement, under Naw Kham's instructions, several of his subordinates were also found to have kidnapped Chinese sailors and hijacked cargo ships in exchange for ransom in early April 2011.

"The gang was broken up in early 2012 in a joint operation conducted by police from China, Laos, Myanmar and Thailand after the brutal murders of Chinese sailors triggered calls to rein in rampant crime in the border region," state-run Xinhua news agency said.

Reports said the Chinese government had also thought about using drones to track and wipe out the group.

The gang was also known as the "Mekong River murderers."


They were brought to China after the arrest. In a swift trial, Naw Kham and the other 3 convicts were given death penalties on November 6, 2012.

Another 2 members of Naw Kham's gang, identified as Zha Bo and Zha Tuobo, received a death sentence with reprieve and 8 years in prison, respectively.

After their appeals were rejected by the court, their death sentences were submitted to the Supreme People's Court (SPC) in Beijing for review. The SPC president signed an execution order after review procedures were completed.

The Kunming Intermediate People's Court received a judgment regarding the judicial review, as well as the execution order on February 22. The convicts were informed of the judgment on February 24.

The Xinhua reported added that the court has arranged for the consulates of Thailand and Myanmar in Kunming, as well as the convicts' relatives, to meet with the convicts.

(source: Hindustan Times)






BANGLADESH:

Death Sentence for Bangladesh Islamist Sparks Fatal Clashes


Bangladesh's war crimes tribunal sentenced a senior member of the country's biggest Islamic party to death, sparking fatal violence nationwide.

A panel of judges found Jamaat-e-Islami leader Delwar Hossain Sayedee guilty of committing crimes against humanity during Bangladesh's independence struggle in 1971, Syed Haider Ali, a prosecutor, said in comments on live television.

The tribunal's 1st verdict since protesters began occupying a Dhaka square to demand capital punishment for the guilty was followed by clashes between activists of Jamaat and security forces, which the Daily Star newspaper reported left as many as 13 people dead, three of them policemen.

The International Crimes Tribunal's rulings have reopened wounds from the war more than 4 decades ago that led to the founding of Bangladesh. Thousands of protesters demanding the most severe punishments for those convicted have occupied Shahbag square in central Dhaka since judges sentenced another Jamaat leader to life in prison on Feb. 5.

Sayedee, 73, who was in court when the verdict was delivered, faced 19 charges including the murder of civilians, collaborating with the Pakistani army to kill and torture unarmed people, torching homes and carrying out atrocities against the Hindu community, according to a court document detailing the indictment. 8 charges were proved beyond reasonable doubt, Ali said.

"It's a victory day, it's a day of joy. Through this verdict, the nation is seeing the resurgence of liberation war spirits," Attorney General Mahbubey Alam told reporters at the tribunal premises in Dhaka amid heightened security.

Fight Continues

Sayedee was sentenced to death on 2 specific charges of killing unarmed people in the southern district of Pirojpur, Alam said.

The judges -- led by Justice A.T.M. Fazle Kabir -- said in their summary of the verdict that international law imposed no statute of limitations on war crimes.

Demonstrators led by Imran Sarkar, convener of a group known as the Bloggers and Online Activists Network, called for the death penalty for Sayedee as they poured into the capital's financial district of Motijheel yesterday.

"We won't give up the fight until we get justice," Sarkar said in a statement to the media. The protesters later relocated to Shahbag, the rallying point for anti-Jamaat activists. Jamaat called for a national strike, demanding Sayedee be freed.

Dhaka Rallies

At the end of British colonial rule in 1947, East and West Pakistan were separated by 2,000 kilometers (1,241 miles) of Indian territory. Pakistani troops in 1971 attempted to quell a nationalist uprising in the east that was triggered by the jailing of Hasina's father, Sheikh Mujibur Rahman, who had led his Awami League to victory in elections. The war ended 9 months later with the creation of Bangladesh after Indian forces helped defeat Pakistan's army.

As crowds swelled in Shahbag, Prime Minister Sheikh Hasina Wajed Feb. 17 empowered the tribunal to punish any organization whose members carried out crimes during the independence fight. The move sparked reports the government was preparing to ban Jamaat, an extremist group which sided with Pakistan during the war and whose members account for nine of the dozen people facing the tribunal.

Previously judges could only put individuals on trial. In another change, prosecutors can now appeal any of the panel's verdicts.

Historic Wrong

In a sign of the widespread anger the alleged mass murders, rapes and abductions four decades ago can still provoke, the Dhaka protest site has drawn bloggers, writers, singers, teachers, students, and the country's cricket team. Police say the gathering has at times swelled to 100,000 people.

While the prime minister says the tribunal is about righting an historic wrong, opponents have called the trials politically motivated. Jamaat is an ally of Hasina's main rival, the Bangladesh Nationalist Party, and won nearly 5 % of votes cast in the nation's parliamentary election in 2008, according to the Bangladesh Election Commission.

The Shahbag protests began after the tribunal Feb. 5 gave a jail term to Jamaat leader Abdul Quader Mollah.

The protesters defend their call for the death penalty for the guilty by saying that people like Mollah would be freed from jail if Jamaat once again has a role in government.

Sayedee was involved in the abduction, confinement and rape of women, including Hindus, in Pirojpur, according to the court document. He also forced some Hindus to convert to Islam, an act the court considers a crime against humanity.

(source: Bloomberg News)

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

Bangladesh sentences Jamaat-e-Islami leader to death for war crimes--Islamic party enforces general strike on day Delwar Hossain Sayedee is found guilty of crimes relating to independence war


A special war crimes tribunal in Bangladesh has sentenced the leader of an Islamic political party to death for crimes stemming from the nation's 1971 fight for independence, a politically charged decision that sparked violent protests.

The Jamaat-e-Islami leader Delwar Hossain Sayedee was found guilty of 8 counts out of 20 involving mass killings, rape and atrocities during the 9-month war against Pakistan, the prosecutor Syed Haider Ali said. The verdict was announced by the presiding tribunal judge ATM Fazle Kabir in a packed courtroom.

"Justice has been done to those who lost their loved ones at the hands of Sayedee," Ali said.

Lawyers for the defendant boycotted the tribunal during the verdict and rejected it as politically motivated. Sayedee's lawyer Abdur Razzak said they would appeal.

Jamaat-e-Islami was enforcing a nationwide general strike on Thursday to denounce the trial and to demand Sayedee be freed.

Supporters of Sayedee clashed with police in Sirajganj district while protesting against the verdict, leaving 2 people dead, the private television channel Ekattor TV reported. Police were not immediately available to comment on the reported deaths.

Sayedee is the 3rd defendant to be convicted of crimes against humanity since Sheikh Hasina's government initiated the tribunal in 2010.

In the 1st verdict in January, the tribunal sentenced the former Jamaat leader Abul Kalam Azad to death on similar charges.

Another Jamaat leader, Abdul Quader Mollah, was sentenced to life in prison in February for atrocities during the war.

Another 7 top leaders of Jamaat are on trial for their alleged role in the atrocities during the war.

Jamaat-e-Islami, the largest Islamic party in Muslim-majority Bangladesh, had campaigned against the 1971 independence war, but it denies committing any atrocities.

Jamaat, a key ally of the country's largest opposition party, the Bangladesh Nationalist party, led by the former premier Khaleda Zia, was a partner in her government from 2001 to 2006.

Zia's party has questioned the conduct of the tribunal, saying the trial was aimed at destroying the opposition.

International human rights organisations also questioned the fairness of the trial, referring to the disappearance of a witness for Sayedee.

Bangladesh says the 1971 war left 3 million people dead, 200,000 women raped and forced millions to take shelter in neighbouring India.

(source: The Guardian)

_______________________________________________
DeathPenalty mailing list
[email protected]
http://lists.washlaw.edu/mailman/listinfo/deathpenalty

Search the Archives: http://www.mail-archive.com/[email protected]/

~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~

Reply via email to