Aug. 28
GAZA:
Gaza court issues death penalty to convicted collaborator
A court in the Hamas-ruled Gaza Strip on Tuesday sentenced a man to death on
charges of collaborating with Israel.
The court ruled that the man, identified only as B.H, be sentenced to death by
hanging, but did not set a date for the execution.
Another man was sentenced to death on criminal charges of killing 3
Palestinians in Khan Younis.
The Hamas-run security services have cracked down on collaborators in the Gaza
Strip since launching a campaign in the media to discourage working with
Israeli intelligence.
Under Palestinian law, collaboration with Israel is punishable by death.
However all execution orders must be approved by the president before they can
be carried out. Hamas no longer recognizes the legitimacy of incumbent Mahmoud
Abbas, whose 4-year term ended in 2009.
In early August, UN rights chief Navi Pillay described the judicial process in
Gaza as deeply flawed.
"I am concerned about the process by which death sentences are imposed by
military and civilian courts in the Gaza Strip," she said.
"Serious concerns have also been raised about ill-treatment and torture during
interrogations of persons later sentenced to death."
(source: Ma'an News Agency)
SINGAPORE:
Man on death row re-sentenced after Penal Code amendments
An Indian national became the 3rd person on death row for murder to be
re-sentenced to life imprisonment - since Parliament passed amendments to the
Penal Code in November 2012.
The amendments give judges sentencing discretion in some murder cases.
Previously, the death penalty was mandatory for all murder cases.
37-year-old Gopinathan Nair Remadevi Bijukumar had his case sent back to the
High Court by the Court of Appeal in May this year for re-sentencing.
On Wednesday, Justice Choo Han Teck sentenced Gopinathan to life imprisonment
and 18 strokes of the cane.
Gopinathan, a former shipyard worker, was found guilty of murdering Filipino
prostitute Roselyn Reyes Pascua.
She was found dead in her rented room in Peony Mansion in Bencoolen Street in
March 2010.
Gopinathan claimed he had stabbed her after she attacked him and refused to
return money he had paid her for sexual services.
Deputy Public Prosecutor Adrian Loo had asked the court to impose 24 strokes of
the cane on Gopinathan, citing the amount of violence inflicted, and the
extensive injuries suffered by Ms Pascua.
He pointed out that Gopinathan had knifed her in various parts of her body.
Mr Loo added that there was also absence of any evidence that Gopinathan was
suffering from any abnormality of the mind.
But Gopinathan's lawyers, Shashi Nathan, Raphael Louis, and Tania Chin, asked
for between 12 and 15 strokes of the cane.
They said that there was no planning or pre-meditation involved in this
instance, and also pointed out that there was an element of provocation.
Gopinathan, who appeared expressionless throughout the hearing, exchanged a few
words with his lawyers before being led away.
The amended Penal Code and Misuse of Drugs Act came into effect this year -
removing the mandatory death penalty for certain types of homicide and drug
trafficking offences in a move to "temper justice with mercy".
(source: Channelnewsasia)
PHILIPPINES//SAUDI ARABIA:
OFW sentenced to death in Saudi in 2000 gets pardon, set to go home soon --
Binay
An overseas Filipino worker who was sentenced to death for the killing of a
Saudi national in 2000 has gotten pardon and is set to return home soon, Vice
President Jejomar Binay said in a news release Wednesday.
He said deportation proceedings for jailed overseas Filipino worker (OFW)
Rodelio "Dondon" Lanuza have already been initiated by the Saudi government.
"I was informed by (Philippine) Ambassador (to Saudi) Ezzedin Tago today,
through Secretary (Albert) del Rosario, that the Dammam Reformatory Jail
received on August 27 an advance copy of the order from the Emir of the Eastern
Region regarding the release of Mr. Lanuza. Jail authorities have received the
advance copy of the settlement of Mr. Lanuza's case from the Dammam High
Court," said Binay, the Presidential Adviser on OFW Concerns.
Process of deportation
After he received the documents, Police Case Officer Ahmad Al Sharie of the
Dammam Reformatory Jail endorsed Lanuza's case to the travel section for
deportation procedures, Binay said.
"After receiving the documents, Mr. Al Sharie sent a memorandum to the Director
of the Dammam Reformatory Jail on August 27 requesting approval for the
fingerprinting (basamat) of Mr. Lanuza," the Vice President said.
Binay said the fingerprinting was part of the 4-step process for Lanuza's
deportation.
"First, upon approval by the Jail Director, Mr. Lanuza's case file will be
endorsed to the travel section for deportation procedures. Jawasat (Saudi
Passport Office) authorities will then assign a basamat number for Dondon," the
Vice President explained.
"After Dondon's fingerprints are taken, they will be sent to Jawasat and then
to the Criminal Investigation Office (CIO) for clearance. Upon receipt of the
clearance from the CIO, the exit visa will then be finally issued," he added.
Binay said that according to Al Sharie, the entire deportation process could
take two to three weeks to be completed.
"Our Assistance to Nationals Case Officers from the Philippine embassy in
Riyadh will return to Dammam Reformatory Jail on August 28 to discuss with the
Jail Director how the Embassy can help in expediting the issuance of Mr.
Lanuza's exit visa," Binay said.
"While waiting for the deportation process to be completed, the Riyadh
Philippine embassy, through Ambassador Tago, has already requested the
Department of Foreign Affairs to purchase the ticket for Mr. Lanuza return
flight to the Philippines," he added.
The crime
Lanuza was sentenced to death in Saudi Arabia after being convicted of killing
an Arab national in 2000.
The OFW argued he had acted in self-defense and was just defending his dignity,
claiming the Arab had tried to rape him.
Saudi Arabia's highest court affirmed Lanuza's death penalty in 2001 but was
pardoned after paying three million riyals (about USD 800,000 or P35.6 million)
in blood money that the victim's family had asked.
Of the amount, 700,000 riyals was paid by the Philippine government and
supporters of Lanuza, while Saudi King Abdullah shouldered the remaining 2.3
million riyals.
Staff work
Binay lauded Ambassador Tago and the Riyadh Philippine embassy staff for their
"untiring dedication" in monitoring Lanuza's case.
"Dondon's impending release will not be possible without the efforts of the
Philippine embassy in Riyadh through the leadership of Ambassador Tago," he
said.
"I also want to assure the family of Mr. Lanuza that the government is doing
everything in its power to expedite the release of Dondon. We all would like to
see him home at the soonest possible time," the Vice President added.
(source: Interaksyon.com)
INDIA:
Rohini Court awards death sentence to 2, 4 others get life term for killing man
who tried to save his sister
On Tuesday, Rohini Court awarded death penalty to 2 brothers for murdering a
man, who fought for his sister's honour. Keeping in view the nature of the
crime and the way it was committed, Additional Sessions Judge (ADJ) Kamini Lau
termed it "Rarest of rare" case. She convicted the 2 brothers for initiating
the crime. Whereas, the court also awarded life term to 4 other convicts and
imposed a fine of Rs. one lakh on each of them which would be given to the
deceased's kin as compensation.
2 brothers Sudhir and Sunil were awarded death sentence while four others
Surender, Raj Kumar, Suresh and Sanjay got life imprisonment for perpetrating
the crime.
The incident took place when some kanwariyas (Shiva devotees) were dancing on
the road in Sultanpuriat while residents of the area were watching them at
around 11.30pm on July 20, 2009. The 19-year-old girl was also watching the
celebrations along with her mother when Sunil and Sudhir, who had several
criminal cases pending against them, passed through the street in front of her
house and made obscene gestures, said sources.
According to the sources, Subhash, girl's brother objected to the obscene
behaviour of Sunil and Sudhir, who left the place only to return after some
time with 4 other accused Surender, Raj Kumar, Suresh and Sanjay. They all were
armed with iron rod, empty liquor bottles, baseball bats, and knife and chased
Subhash and killed him and also injured the girl and her mother.
While handing down the sentence, the trial Court said that perpetrators of
crime who, if not removed from circulation of society, would destroy it. The
Court asserted on the need to change the "parochial mindset of people" to fight
against the rising problem of sexual offences against women.
The court, also appreciated the girl, who faced eve-teasing by the convicts for
her courage as she stood up alone in the legal battle to secure justice for her
brother despite getting threats and opposition from her family.
(source: Daily Bhaskar)
**************
Brothers get death for killing man protecting his sister
Opting for a "zero tolerance policy", a trial court on Tuesday awarded death
penalty to 2 brothers for brutally killing a man who had objected to their
teasing his sister. Terming it as a "rarest of rare" case in which the brothers
initiated the crime, additional sessions judge Kamini Lau refused to show any
leniency in their sentence and said, "This battle of one half of the Indian
population (women) is something that we cannot lose sight of and the courts of
law cannot let the things pass in the name of compassion/ mercy."
"A certain category of perpetrators of crime who, if not removed from
circulation of society, would destroy it and this act of convicts Sunil and
Sudhir in brutally and publicly silencing the voice of a brother, who had dared
to stand up against them to protect the honour of his sister, has invited
extreme indignation of the community and shocked the collective conscience of
the society...," it added.
The court also gave to life term to convicts Surender, Suresh, Raj Kumar and
Sanjay and imposed a fine of Rs one lakh each on them which would be given to
Subhash's family as compensation.
In its order, the court stressed on the need to change the "parochial mindset
of people" to deal with the rising problem of sexual offences against women.
"The worst thing one can do is to tolerate or turn a blind eye to sexual crime
against women, be it verbal sexual harassment (eve-teasing), weapon / acid
attack or horrific rapes," judge Lau said.
The incident took place about 11.30pm on July 20, 2009 when some kanwariyas
were dancing on the road in Sultanpuri while residents of the area were
watching them. The 19-year-old girl was also watching the celebrations along
with her mother when Sunil and Sudhir, who were local ruffians with several
criminal cases pending against them, passed through the street in front of her
house and made obscene gestures at her which were objected to by her brother
and her mother, police said.
In its order, the court observed that such incidents had become "an everyday
story that those, including the family members, who object to eve-teasing or
stand up for honour of a woman are killed".
While handing down the sentence, the court appreciated the courage of the girl,
who was being eve-teased by the convicts, as she stuck to her testimony during
the trial and secured justice for her brother despite getting threats and
facing opposition from her family.
(source: The Times of India)
*************
Sushma Swaraj demands death for rapists, Shinde assures fast prosecution
The gang-rape of a 22-year-old photojournalist in Mumbai was raised in
parliament Monday with Leader of Opposition in the Lok Sabha Sushma Swaraj
demanding death penalty for the perpetrators as Home Minister Sushilkumar
Shinde said the state government would do its utmost to finish the probe and
prosecute the accused fast.
Sushma Swaraj asked if there was any time frame for prosecuting the guilty and
pointed out that those guilty in the Dec 16 gang-rape in Delhi last year had
not been sentenced yet.
She also said that after the Dec 16 gangrape case, there were several gang rape
cases reported. "We are not able to hang any of the brutes," she said.
"You hang 1 or 2 of these beasts fast ... and these incidents will stop," said
Sushma Swaraj as several members thumped their desks in agreement.
Shinde, making a statement in the Lok Sabha, said: "The government of
Maharashtra will do its utmost to complete the investigation in the crime and
prosecute the accused under law expeditiously."
He said he has spoken to Chief Minister Prithviraj Chavan and was assured the
case would be tried in a fast track court and the verdict announced fast.
In Mumbai, city police Commissioner Satyapal Singh assured early justice for
the young photojournalist who was gang raped by 5 men in an abandoned textile
mill complex Aug 22.
"Our priority is to collect the evidence and file the chargesheet as soon as
possible," he told reporters.
The Mumbai police have arrested all the 5 suspects who raped the woman. 2 of
the men were arrested on Sunday, including one from Delhi.
The police chief said all evidence had been collected and it would be handed
over to forensic experts Tuesday. The men had also recorded the crime on their
cell phones.
"The mobile phone on which the crime was video recorded by the accused has been
recovered. We have also seized the phone of the victim which was sold off by
the accused," said Satyapal Singh.
He said out of the 5 accused, three had criminal records. He also confirmed
that none of the accused was a juvenile as was being claimed by one of
suspects' mother.
"The accused was arrested in 2011 in a case," he said, suggesting that the
suspect in question was aged over 18 years.
"He is not a minor. As per our record, he has completed his 18 years of age,"
Satyapal Singh said.
He, however, did not rule out the possibility of conducting a bone test to
recheck his age.
The 22-year-old photojournalist was gang raped by the 5 accused when she was on
an assignment for an English magazine and had gone to a desolate area in
central Mumbai to take pictures of the abandoned factories. Her male companion
was also attacked by the accused.
The young woman is in hospital after suffering serious injuries. She has
demanded strictest punishment for the rapists and said she wants to move on.
On Sunday, her family pleaded for her privacy while the Maharashtra government
said public prosecutor Ujjwal Nikam, who successfully called for death sentence
to Mumbai terror attack accused Ajmal Kasab, would take up the case against the
5 rapists.
The Mumbai gang rape mirrored the Dec 16, 2012 sexual assault in a bus in Delhi
on a young woman who eventually died in a Singapore hospital. The Mumbai
incident shocked the entire nation, triggering fresh demands for death to
rapists.
In a related development, Minister of State for Home R.P.N. Singh said that
state governments have been asked to increase representation of police to 35 %
in next 5 years from 5.6 %.
Speaking on the Mumbai gang-rape in Rajya Sabha, he said: "Efforts are being
made for gender sensitization in police."
(source: IANS)
*********************
Open Letter by BHRC of England & Wales in the matter of the immediate risk of
execution of Prof. Bhullar
It is learnt that Kirsty Brimelow QC, the Chairwoman, Bar Human Rights
Committee of England and Wales (BHRC) has written an open letter to the
President of India, Mr Pranab Mukherjee, the Prime Minister of India, Dr
Manmohan Singh and the Indian Home Minister, Mr Sushilkumar Shinde in the
matter of the immediate risk of execution of Professor Devinderpal Singh
Bhullar.
The Bar Human Rights Committee of England and Wales ("BHRC") is the
international human rights arm of the Bar of England and Wales. As per
information BHRC is an independent body concerned with protecting the rights of
advocates, judges and human rights defenders around the world.
The Committee is concerned with defending the rule of law and internationally
recognised legal standards relating to human rights and the right to a fair
trial. The remit of BHRC extends to all countries of the world, apart from its
own jurisdiction of England & Wales. This reflects the Committee's need to
maintain its role as an independent but legally qualified observer, critic and
advisor, with internationally accepted rule of law principles at the heart of
its agenda.
The letter reads as follows:
London, 21st August 2013
Open Letter to the President of India, Mr Pranab Mukherjee, the Prime Minister
of India, Dr Manmohan Singh and the Indian Home Minister, Mr Sushilkumar
Shinde.
In the matter of the immediate risk of execution of Professor Devinderpal Singh
Bhullar
The Bar Human Rights Committee of England and Wales ("BHRC") writes concerning
the recent rejection on 14th August 2013 by the Supreme Court of India of the
review petition by Professor Bhullar against his sentence of capital
punishment. Reports suggest that his execution now is imminent and may be
carried out this week. Following our open letter to the Indian Government of
5th June 2013, we continue to strongly urge the Indian Government to stay the
execution and commute the sentence of capital punishment forthwith.
BHRC expresses urgent concern that the Indian government intends to execute an
inmate who is mentally incapacitated, contrary to the norms and provisions of
customary international law. Professor Bhullar has been receiving treatment at
a psychiatric facility, and a medical board has reportedly stated that he is
suffering from severe depression and shows symptoms of psychosis and suicidal
tendencies. There is no dispute that he is mentally ill.
Customary international law prohibits the execution of prisoners deemed to be
of unsound mind. In particular, U.N. ECOSOC, Implementation of the Safeguards
Guaranteeing Protection of the Rights of those Facing the Death Penalty (ECOSOC
Res. 1996/15, U.N. Doc. E/CN.15/1996/15, Jul. 23, 1996) requires the
elimination of the death penalty for "persons suffering from mental retardation
or extremely limited mental competence, whether at the stage of sentence or
execution."
The UN Human Rights Committee has stated in a number of cases that the
execution of severely mentally ill prisoners amounts to cruel, inhuman and
degrading treatment in violation of Article 7 of the ICCPR (for example, in
Francis v Jamaica Communication No. 606/1994, U.N. Doc. CCPR/C/54/D/606/1994,
Aug. 3, 1995, and Sahadath v. Trinidad and Tobago, Communication No. 684/1996,
CCPR/C/74/D/684/1996, Apr. 15, 2002).
The UN Commission on Human Rights has repeatedly urged retentionist states not
to impose the death penalty on a person suffering from any form of mental
disability. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary
Executions has stated that, "Governments that continue to use the death penalty
with respect to ... the mentally ill are particularly called upon to bring
their domestic legislation into conformity with international legal standards."
Most countries in the world prohibit the use of the death penalty against
mentally ill prisoners. The EU has consistently stated that the execution of
persons suffering from any form of mental disorder is contrary to
internationally recognized human rights norms and neglects the dignity and
worth of the human person. The norm protecting insane and mentally disabled
persons from execution applies even when there is no question of competency at
the time the crime was committed or at trial.
Importantly, India's Tihar Jail manual states that a mentally ill person should
not be executed. BHRC has already expressed grave concerns that Professor
Bhullar was convicted on the basis of unsound evidence and without the
safeguards of a fair trial in place. The charges against Professor Bhullar now
are widely considered to be unsubstantiated; the uncorroborated "confession"
evidence relied upon has been fundamentally discredited, was later withdrawn
and is likely to have been procured through ill treatment amounting to torture.
Moreover, it is a matter of serious procedural concern that the Supreme Court
was split. The Presiding Judge took the decision that Professor Bhullar's
conviction should be quashed on the ground of the unreliability of the
"confession". Of further significance is the fact that the Public Prosecutor,
who prosecuted this case during the Supreme Court appeal in 2002, has described
the sentence and subsequent imposition of the death penalty as a 'judicial
error'. It is contrary to India's reputation as leading in just human rights
jurisprudence to proceed with the execution of a mentally ill prisoner. Such
action is contrary to the norms of international law and contrary to India's
own prison regulations.
BHRC urgently requests the President of India, Mr. Pranab, the Prime Minister
of India, Dr Manmohan Singh and the Indian Home Minister Sushilkumar Shinde to
make the necessary representations and subsequent order to stay this execution.
Kirsty Brimelow QC
Chairwoman
Bar Human Rights Committee of England and Wales (BHRC)
(source: sikhsiyasat.net)
MALAYSIA:
At least 28 allies of Sulu Sultan to face trial in Malaysia in September, DFA
source says
At least 28 allies of the Sultan of Sulu "who returned to their homeland" early
this year--a move that spawned violence and irritated Philippine-Malaysia
relations--will start this September, a source at Manila's foreign affairs
department said.
And a conviction, especially a death sentence, is likely to derail the Mindanao
peace process, said the head of Washington-based non-government organization
working in Mindanao.
"Once [the] trial takes place, maybe something will happen, maybe nothing.
(But) at some point it's going to blow, especially if the Malaysians start
killing a lot of people. The Philippines (might have given up the claim) but
the local people will not. Right now it's like a break period," said Albert
Santoli, president and founder of the Asia America Initiative, which has been
helping in the upkeep of the public school system in Mindanao, particularly in
Sulu and Lanao del Norte.
Those arrested after the February incursion into Lahad Datu were charged with
violating Malaysia's Penal Code, particularly Section 122 for waging war
against the King and Section 130 KA for terrorism. The 1st offense carries the
death penalty, while the 2nd offense a jail term of up to 30 years.
Most of those on trial are alleged members of the Sultanate of Sulu's Royal
Security Force, said the Department of Foreign Affairs (DFA) official who
refused to be identified because he is not authorized to speak on the matter.
Among those facing trial is Datu Amir Bahar, nephew of Sultan of Sulu Jamalul
Kiram III, who, according to the same source, was captured not in Lahad Datu,
where the sultan's allies holed themselves up after landing in Sabah, but in
Sandakan.
The source said the Malaysian government seems very serious in its plan to
prosecute those who occupied parts of Sabah.
"No less than their attorney general is leading the prosecution. Imagine
(Justice Secretary Leila) de Lima being the one leading the prosecution, that
is how serious it is," the source said.
The Kirams were also charged as conspirators.
The source said the DFA has hired a Malaysian lawyer, one of the few Asian
legal practitioners accredited by the International Criminal Court (ICC) in The
Hague, to represent RSF members who were arrested.
(source: InterAksyon.com)
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