Sept. 19
LIBYA:
Libya must surrender Saif al-Islam al-Gaddafi to International Criminal Court;
The ICC issued an arrest warrant for Saif al-Islam al-Gaddafi for the crimes
against humanity of murder and persecution in June 2011.
The Libyan authorities should immediately hand Saif al-Islam al-Gaddafi and
former intelligence chief Abdallah al-Senussi to the International Criminal
Court (ICC) said Amnesty International.
The organization met both detainees last week ahead of the referral of their
case to the Indictment Chamber in Tripoli on 19 September. Al-Gaddafi and
al-Senussi are wanted by the ICC for crimes against humanity but the Libyan
authorities are insisting that they stand trial in Libya.
Their case has been referred to the Indictment Chamber along with those of 36
others accused of crimes related to the armed conflict.
"The referral of these cases to the Indictment Chamber brings us 1 step closer
to the start of national trial proceedings for Saif al-Islam al-Gaddafi, in
violation of Libya's legal obligation to surrender him to the ICC," said
Hassiba Hadj Sahrahoui, Amnesty Internationa's Deputy Director for the Middle
East and North Africa.
"It is understandable that the authorities may want to proceed promptly and try
these individuals in Libya. But such trials today will not serve justice.
Libya's justice system is in desperate need of an overhaul. There are serious
concerns about the authorities' ability to ensure fair trials compounded by the
precarious security situation in the country.
"Both men should be handed over to the ICC immediately. In the meantime, Libya
should focus on improving the security situation and rebuilding the country's
justice system to establish fair and impartial Libyan courts which can ensure
the rights of suspects, victims and witnesses."
Amnesty International believes that handing al-Gaddafi and Abdallah al-Senussi
over to the ICC will ensure accountability for crimes committed during the
conflict. Fair trials are crucial during post-conflict situations to address
impunity and secure justice for victims of human rights abuses and humanitarian
law violations perpetrated during the conflict including indiscriminate
shelling, summary executions, unlawful forcible displacement and torture and
other ill-treatment.
Arbitrary detention, torture and other ill-treatment and enforced
disappearances by militias, including those operating nominally under state
oversight, continue to contribute to a climate of lawlessness in Libya that
makes fair trials further elusive. Lawyers, judges and prosecutors continue to
be threatened regularly by such groups but also, at times, by families of the
victims and the general public. Amnesty International is aware of at least 4
cases of assassination of judges, in addition to some cases of abduction of
lawyers and their intimidation.
"A failure to comply with the ICC sends a worrying signal about the Libyan
authorities' commitments to protecting and respecting human rights. Back in
2011, the National Transitional Council welcomed the decision of the United
Nations Security Council to refer the situation to the ICC Prosecutor and
pledged to cooperate with the ICC", said Hassiba Hadj Sahraoui.
There are approximately 8,000 detainees being held on conflict-related charges
across Libya. The overwhelming majority has been awaiting trial for nearly 2
years; many without referrals to the prosecution or access to lawyers. Amnesty
International is calling on the international community to help Libya rebuild
its judiciary in order to ensure justice and fair trials for all across the
country.
The group of detainees whose case is being referred to pre-trial proceedings on
19 September includes the former Prime Minister under al-Gaddafi, al-Baghdadi
al-Mahmoudi as well as a number of former senior officials and officers in
al-Gaddafi's various security agencies.
Amnesty International has concerns about the state's ability to respect the
fundamental rights of detainees.
Although Amnesty International was granted permission to meet with Saif
al-Islam al-Gaddafi in Zintan on 9 September, it was not able to interview him
in private. Similarly, the organization was not allowed to visit the detention
facility where Saif al-Islam al-Gaddafi is currently being held and can
therefore not fully assess the conditions in which he is being detained.
The organization remains concerned that Saif al-Islam al-Gaddafi has been held
in secret detention by an armed brigade in Zintan affiliated with the Ministry
of Defence for nearly 2 years without access to a lawyer for the
conflict-related charges he faces. Prolonged isolation can have potentially
detrimental effects on the health or wellbeing of a detainee.
On 12 September Amnesty International was able to meet Abdallah al-Senussi in
private, at al-Hadba al-Khadra Prison in Tripoli. Despite repeated requests, he
has not had access to a lawyer since he was extradited to Libya from Mauritania
a year ago. The organization found that Abdallah al-Senussi is not being
granted the same rights as other detainees held at the prison, including access
to legal counsel, contact with the outside world and other detainees, and
regular family visits and phone calls.
Amnesty International has also met al-Baghdadi Al-Mahmoudi at the same prison.
Al-Mahmoudi said he was treated well and was in contact with a lawyer, but the
organization remains concerned that his trial and those of all the suspects in
the case may result in the death penalty.
Background
The 38 detainees, including Saif al-Islam al-Gaddafi and Abdallah al-Senussi,
whose case is referred to the Indictment Chamber on 19 September are accused of
crimes committed during the 2011 conflict. Some of the charges include engaging
in activities aiming at instigating civil war in the country and leading to the
fragmentation of national unity, incitement to rape, abductions and the
deprivation of liberty; the formation of armed groups; preventing others from
exercising their political rights through violence and threats; perpetrating
acts of arbitrary killings, looting and sabotage. Some of these charges carry
the death penalty.
Upon review of the case, the Indictment Chamber has the power to dismiss it,
order a new investigation or refer it to the appropriate court provided there
is sufficient evidence. Under Libyan law, the Indictment Chamber is a pre-trial
stage in the investigation process.
Saif al-Islam al-Gaddafi:
Saif al-Islam al-Gaddafi is charged with crimes against humanity of murder and
persecution by the International Criminal Court, which issued an arrest warrant
for him on 27 June 2011 following referral of the situation in Libya to the ICC
by the UN Security Council in Resolution 1970 (2011). Saif al-Islam al-Gaddafi
was captured in November 2011 by a Zintan brigade operating at the time under
the Zintan Military Council. Despite calls from Amnesty International to
surrender him to the ICC, the Libyan authorities initially ignored the ICC's
surrender request. In May 2012, the Libyan government filed an admissibility
challenge at the ICC stating that Libya was able and willing to prosecute him
nationally. Based on the challenge the ICC suspended the surrender request ???
in accordance with Article 95 of the Rome Statute - pending the outcome of the
challenge.
In June 2012, an ICC delegation visiting him in Zintan, including his defence
lawyer, were detained for three weeks on allegations of criminal offences
committed during their meeting with him. In May, the ICC's Pre-Trial Chamber
rejected the government's application to prosecute Saif al-Islam Gaddafi
nationally, concluding that Libya had failed to demonstrate that it is
genuinely able to investigate and prosecute him. It focused specifically on the
inability of the central authorities to obtain him from the Zintan Brigade, the
inability to obtain evidence, in particular from witnesses who have been
tortured during detention by militias, and the failure to appoint legal counsel
to defend him. The ICC has decided that Libya has an obligation to surrender
him to the Court now, even while an appeal is pending.
Saif al-Islam al-Gaddafi remains held in a secret location in Zintan. The
government maintains that he is held under the oversight of the Judicial Police
and Libya's Prosecutor General, while a Zintan brigade affiliated with the
Ministry of Defence was appointed for his security. Amnesty International met
with the commander of the brigade in Zintan on 12 September prior to a meeting
with Saif al-Islam al-Gaddafi, but was not allowed to visit his detention
facility, and can therefore not confirm the presence of any Judicial Police
officers. The government has been unable to secure Saif al-Islam al-Gaddafi's
transfer into state custody in Tripoli, which it has been repeatedly requesting
since January 2012. His transfer to Tripoli was requested most recently in June
2013.
Abdallah al-Senussi:
Abdallah al-Senussi is charged with crimes against humanity of murder and
persecution by the International Criminal Court, which issued an arrest warrant
for him on 27 June 2011 following referral of the situation in Libya to the ICC
by the UN Security Council in Resolution 1970(2011). He was arrested in
Mauritania in March 2012. Despite calls by Amnesty International for the
Mauritanian government to surrender him to the ICC, he was extradited to Libya
in September 2012. Following the extradition, AI urged the government to
surrender him to the ICC, which it did not do. In April 2013, Libya also filed
a challenge of admissibility relating to his case. In June 2013, the ICC
Pre-Trial Chamber suspended the surrender request pending the decision on the
challenge to admissibility. Libya's application to prosecute Abdullah
al-Senussi nationally is still under consideration by the ICC. Abdullah
al-Senussi is held in Hadba al-Khadra Prison in Tripoli. He has not had access
to a lawyer since his transfer into custody in Libya. He was able to receive a
visit from family members only twice since the beginning of his detention in
Libya despite the fact that visits are authorized once a month. The prison
administration acknowledged to Amnesty International that Abdallah al-Senussi's
contact with the outside world is restricted for security reasons.
Libya has a legal obligation to cooperate with the ICC pursuant to UN Security
Council Resolution 1970.
Al-Baghdadi al-Mahmoudi:
Amnesty International opposed al-Baghdadi al-Mahmoudi's extradition from
Tunisia in 2012 on the grounds that he could face torture and other
ill-treatment, unfair trial resulting in the death penalty and possibly
extrajudicial execution. While al-Baghdadi al-Mahmoudi told Amnesty
International during a visit to al-Hadba al-Khadra Prison in Tripoli on 12
September that he was treated well and was in contact with a lawyer, the
organization remains concerned about whether he will have a fair trial and that
he may be facing the death penalty.
(source: Amnesty International)
MALAYSIA:
10 Drug Dealers Nabbed Under Ops Cantas In Kelantan Face Death Penalty If
Convicted
10 out of 68 drug dealers detained under Ops Cantas in Kelantan since Aug 18,
will face the mandatory death sentence for drug trafficking, if convicted.
Kelantan police chief Datuk Jalaluddin Abdul Rahman said the rest would face
imprisonment and caning in accordance with their respective charges, if
convicted.
"About 1,394 people were arrested for drug-related offences," he told reporters
after opening the Awareness and Crime Prevention Workshop at the Senior
Officers' Mess for the General Operations Force 8th Battalion, Pengkalan Chepa
here, Wednesday.
Police also seized a variety of drugs worth RM433,780.51, 5 cars and 6
motorcycles worth RM141,200, he said.
In addition to drug offences, Jalaluddin said 1,326 people were arrested for
various criminal offences.
Commenting on criminal activities committed by minors, he said about 102
youngsters were arrested between January and August this year compared with 62
last year.
Jalaluddin said to intensify Ops Cantas, police had stepped up surveillance
activities the Malaysia-Thailand border in Kelantan from Tumpat to Jeli since
yesterday.
In a separate case, he said a man suspected of masterminding the murder of a
50-year-old man who was having breakfast with his family at a shop in Kampung
Kemasin, Bachok, last February, had surrendered himself at the Kota Bharu
District police headquarters, yesterday.
The suspect has been remanded for 7 days starting today to facilitate
investigations.
(source: Bernama)
IRAN----executions
At Least 4 Prisoners Hanged at Rajai Shahr Prison Today
According to reports from reliable sources in Iran, at least 4 prisoners were
hanged in the Rajai Shahr Prison of Karaj (west of Tehran) today.
The sources told Iran Human Rights that one of the 4 prisoners was identified
as Fardin Mohammadi born in 1989, from the section 6 of the prison and had been
in prison for 5 years. The other prisoners who are not identified yet, were
from the sections 3, 4 and 7.
All the prisoners who were executed at Rajaishahr today were convicted of
murder.
(source: Iran Human Rights)
ZAMBIA:
Separatists in Zambia say they want out despite development pledges from
central government
A prominent separatist group in Zambia is called Linyunga-ndambo, which means
"that which shakes the neighbor" in a regional language. And the more than 60
Zambians charged with treason for trying to secede did shake things up this
week when they told magistrates that they can't be tried because they are
citizens of another state.
A key figure who was not in the courtroom on Tuesday is Afumba Mombotwa, a
former official at the Zambian foreign ministry who was educated in London and
is now on the run. He is the founding chairman of the separatist movement in
Western Province, and has declared himself administrator of the so-called Royal
Barotseland government, which seeks to run its own affairs.
Britain's colonial history in the region as well as ethnic divisions form the
backdrop to a dispute that has compounded problems for President Michael Sata.
He completes 2 years in office on Friday amid concerns about his health as well
as reports of political infighting with the next presidential and legislative
elections coming in 2016. The ruling Patriotic Front Party had pledged more
jobs as well as a review of tax laws for Zambia's copper mines so as to allot
more money to development, but separatists in the impoverished west say the
region has not received the promised benefits, and they want to chart their own
way.
Many residents in the rural area rely on maize and other crops, as well as
cattle-raising, for their livelihoods. There is a lack of paved roads and other
basic services in the province. Some critics have accused the central
government of intentionally denying funds to the politically troublesome area
in past years, but central authorities have said they are committed to building
more roads, clinics and schools there.
The separatists who were rounded up by police denied the charge of treason,
which carries a maximum penalty of death, at the court hearing in Mongu, the
capital of Western Province. They argued that it was illegal for Zambian courts
to try them and said other organizations - the United Nations, for example, or
the African Union - could set up a tribunal to handle their cases.
Magistrate Benson Mwanandiwa adjourned the case to Oct. 2, saying such issues
should be decided by the southern African country's High Court, which is the
only tribunal that can hand down a death sentence.
Zambia has blocked local access to several separatist websites, including those
of the Barotse Post, Limulunga Post and Barotseland Radio.
Western Province, a former British protectorate called Barotseland and home to
the Lozi ethnic group, was united with the rest of Zambia at independence in
1964, but separatists want implementation of an old agreement that provided for
self-rule. Anti-government rallies have occasionally turned violent.
Separatist leader Mombotwa, who studied sociology at the University of London
and took a communications course at another school in London, worked for the
Zambian government first as a cotton officer in the ministry of agriculture and
then in the communications department of the foreign ministry until he retired
in 2010. Mombotwa, 58, then formed Linyunga-ndambo, one of several breakaway
groups in the province.
"The law will deal with him severely because he can't declare a state within a
state," Defense Minister Geoffrey Mwamba, told national broadcaster ZNBC.
Mombotwa has said he wants a transitional government in Western Province for up
to 3 years, followed by democratic elections that would elect a prime minister
to serve in collaboration with a traditional monarch.
Some people in Western Province are concerned about the separatist push. David
Kunyanda, a small retail trader in Mongu, said secession would hurt his
business.
"Breaking away from Zambia will bring trade difficulties on people like me and
even more misery on ordinary people, most of whom are now oppressed by
poverty," Kunyanda said.
"We need development and not secession."
(source: Associated Press)
INDIA:
Hangman's noose awaits rapists in Delhi case; Many welcomed the capital
punishment handed down for the 1st time after the December gang rape of a young
student shocked the nation.
Many Indians were relieved when 4 men convicted of the December gang rape and
murder of a young student in Delhi were given the death penalty Friday
(September 13th), although human rights activists and women's groups say
executing the men does little to stem the epidemic of sexual violence.
Court Judge Mukhesh Khanna said the brutal assault fell into the "rarest of
rare" category of crimes that merit capital punishment. He ruled that
perpetrators Vinay Sharma, Akshay Kumar Thakur, Pawan Gupta, and Mukesh Singh
should be hanged by the neck until dead.
The alleged ringleader of the group, Ram Singh, committed suicide in his jail
cell in March. A sixth accused, who cannot be named because he is a minor,
received a 3-year sentence.
The victim, a 23-year-old medical student who cannot be named for legal
reasons, was looking for transportation home after watching a movie with a male
friend when she was tricked into boarding a bus by the juvenile who was
offering rides. She and her friend quickly realised it was a trap.
"The more diabolical part of the crime was the torture inflicted on her with an
iron rod. They shoved an iron rod up her vagina and damaged her internal organs
so seriously that she never recovered," the judge said in his over-3,000-page
ruling.
Thousands celebrated on the streets of New Delhi when the verdict was
announced. "We have waited for slightly less than nine months for this. I was
one of the countless who had demonstrated to urge the government to bring in
tough anti-rape laws. Today I think it was not in vain," Delhi University
student Jiten Raj told Khabar South Asia.
Executions are comparatively rare in India. In February of this year, convicted
terrorist Mohammad Afzal Guru was put to death for his role in the 2001 attack
against the Parliament building in New Delhi. Lashkar-e-Taiba operative
Mohammed Ajmal Kasab, the lone surviving gunman from the 2008 Mumbai attacks,
was executed in November 2012.
In 2004, a 40-year-old man was hanged for the 1990 rape and murder of a
14-year-old girl in Kolkata.
Increased pressure from public
St. Stephen's College student Madhur Singh thought "closure" was achieved by
Friday's sentencing of the 4 men.
"I am proud for my generation. We staged the largest-ever recorded anti-rape
demonstration. It was done non-violently and we succeeded in not only sending
the guilty to the gallows, but we also forced parliament to enforce strict laws
against rapists," she told Khabar.
With incidents of rape soaring in recent years, the government has been under
constant pressure to take effective action. In December, it tasked former Chief
Justice J.S. Verma with drawing up reforms to the Criminal Procedure Code and
remove loopholes that allow rapists, child molesters, acid attackers and
stalkers to escape punishment. The amended code was adopted by parliament in
April.
Meanwhile, shocking incidents continue to sicken the Indian public. In April,
the same month as the revised code received parliamentary approval,
demonstrators took to the streets to protest the rape of a 5-year-old Delhi
girl. In June, a 20-year-old college student was gang-raped, mutilated and
murdered in the village of Kamduni, around 20km from Kolkata.
Bharti Ali, a Delhi-based women's activist, is sceptical that toughening the
penal code and hanging rapists will have the intended effect. Deep-rooted
attitudes, she says, ensure that many perpetrators will continue to escape
justice.
"I think that nothing would be achieved by hanging these rapists," she said.
"The conditions everywhere in India are perfect for rapists. Even after the
passage of new laws, the culprits get away because society slut-shames their
victims to silence and effective prosecution is rarely possible."
Congress Parliamentarian Sashi Tharoor, however, believes the situation in
India is beginning to change due to a combination of tighter law enforcement
and pressure from the public and media.
"What has changed forever is the balance of terror," Tharoor told Khabar. "Now
the culprits are terrified because the media descends with fury on the
government after cases of brutal rape and see that the laws are enforced."
Meanwhile, relatives of the Delhi victim have welcomed the sentences meted out
to her killers, saying that the young student's dying wish was for them to be
executed.
"My sister suffered horribly," said the victim's brother, Saurabh Singh. "I
hope these people meet their ends. We would have liked that juvenile too to
suffer this punishment, but the law did not allow it."
(source: Khabar South Asia)
**************************
Saket Fast Track court sends Dec 16 case to High Court for confirmation of
death sentence
All the 4 convicts in the Delhi gang-rape case have been sentenced with death
penalty by Justice Yogesh Khanna in Saket court. The court has now sent the
case file to the Delhi High Court as per the legal procedure that requires the
trial court to refer the judgment to a high court for confirmation.
Case history of all the four guilty Akshay Thakur, Vinay Sharma, Pawan Gupta
and Mukesh has been sent to the high court.
The 4 had been convicted under all the 13 Sections of the IPC: 302 (murder),
307 (attempt to murder), 376 (2)(g) (gang-rape), 377 (unnatural offences), 395
(dacoity), 396 (murder in dacoity), 201 (destruction of evidence), 120-B
(conspiracy), 364 (kidnapping or abducting in order to murder), 365 (
kidnapping or abducting with intent secretly and wrongfully to confine person),
394 (voluntarily causing hurt in committing robbery), and 412 (dishonestly
receiving property stolen in the commission of a dacoity).
2 of the convicts on Wednesday were allowed to pursue their studies inside the
jail as their lawyer invoked the fundamental right to education for all.
Justice, Yogesh Khanna only took not more than 5 minutes to utter his verdict
on the 13th of September. He said that the brutality of the accused allowed
zero-tolerance. He said that "Justice cannot turn a blind-eye to a case that
had shocked the entire country". "Death to all," He said that while delivering
the verdict in the case that had evoked nationwide outrage and led the
government to bring in a stringent anti-rape law.
"Besides discussing others offences, I straightaway come to section 302
(murder) of IPC. This falls under inhuman nature of the convicts and the
gravity of offence they committed cannot be tolerated. Death sentence is given
to all the four convicts," he said. He said, "When crime against women is
rising on day-to-day basis, so, at this point in time court cannot keep its eye
shut." "There should be exemplary punishment in view of the un-paralleled
brutality with which the victim was gang-raped and murdered, as the case falls
under the rarest of rare category. All be given death," the court said while
reading out a portion of the order.
"This is a time when serious crime against a woman has come to the fore and now
its judiciary's responsibility to instill confidence among the women," it said.
(source: Daily Bhaskar)
*****************************
Delhi gang rape death row convicts to pursue studies in Tihar jail
2 of the 4 death row convicts in the December 16 gangrape case were today
allowed to pursue their studies in Tihar Jail by a Delhi court after they
contended that the right to education is a fundamental right.
Vinay Sharma and Akshay Singh Thakur, who along with Mukesh and Pawan Gupta are
also facing trial in a separate robbery case, had moved an application before
Additional Sessions Judge Daya Prakash, saying they want to study in jail as
per the facility provided there by Delhi University (DU).
Advocate A P Singh, appearing for Vinay and Akshay, told the court that Vinay
was studying in BA first year from DU at the time of his arrest in the December
16 gangrape case and he could not appear for examination in one of his papers.
Regarding Akshay, he said that his client also wants to study in jail as per
the laid down schedule.
"The right to education is a fundamental right of any accused or convict as
provided by the Constitution of India and process, system and guidelines of the
Supreme Court," Singh said in his application which was allowed by the court.
During the proceedings, Vinay also claimed in the court that they were
receiving threats from the inmates in the jail that they would be subjected to
razor attacks. His lawyer said that his clients were facing threats from the
inmates and the court should direct the authorities to ensure proper safety.
The court asked the jail authorities to keep them in separate cells and also to
ensure their safety. During the trial proceedings today, the court also
recorded the statements of some of the prosecution witnesses in the robbery
case.
The 4, who were awarded death penalty on September 13 by a fast track court
here in the gangrape and murder case, are facing trial for allegedly luring a
carpenter into the bus and robbing him before raping and assaulting the girl in
a moving bus in south Delhi on December 16 last year. The girl died in a
Singapore hospital on December 2.
(source: Deccan Chronicle)
*********************
Godhra carnage convict condemned to death gets 1-day bail
Gujarat high court on Wednesday ordered the jail authorities to release a
convict in the Godhra carnage case, Bilal Ismail Sujela alias Haji Bilal for 1
day, to attend his son's marriage.
The division bench of Justice Akil Kureshi and Justice RP Dholeria has granted
bail to Bilal, who will visit his hometown Godhra with a police escort team
after furnishing a bail bond of Rs 10,000. The marriage is scheduled on
September 22.
Bilal is 1 of 31 people who have been convicted by a special SIT court in 2011.
He has been awarded death penalty with 10 other convicts for allegedly actively
participating in burning S-6 of Sabarmati Express near Godhra railway station
on February 27, 2002. 59 passengers including 'kar sevaks', returning from
Ayodhya were burned to death, and this incident sparked communal violence
across Gujarat. In all, 1,169 persons were killed in the 2002 riots.
The state government had invoked anti-terror law - Prevention of Terrorism Act
(Pota) against all 94 people who were finally tried in this case. Pota charges
were removed after the Pota Review Committee recommended so in 2005. However,
the state government and the victims' kin questioned removal of Pota charges
before the high court, which upheld removal of those charges.
The accused were tried by the special court set up by the high court at the
behest of the Supreme Court, because this case along with eight other cases of
post-Godhra riots was investigated by the special investigation team (SIT).
While the court held 31 people guilty, it acquitted 63 others. Now the state
government has challenged the acquittal before the high court. It has also
sought capital punishment for 20 convicts, who were sentenced to life
imprisonment by the SIT court.
(source: Times of India)
BENIN/FRANCE:
France Considers Extradition Over Alleged Plot to Poison Benin President
A French court was due to consider on Wednesday a request to extradite a
Beninese businessman accused of plotting to poison President Thomas Boni Yayi.
Patrice Talon is accused of being behind a conspiracy to assassinate Boni Yayi
during a coup attempt last year. He is also accused of economic crimes.
France's appeal court has a Beninese report of several hundred pages to
consider, having demanded clarification of 7 points when it considered the
extradition request in May.
Talon, who is in exile in France, is accused of being the brains behind an
assassination plot that allegedly involved Boni Yayi's niece, Zouberath
Kora-Seke on Wednesday, and his doctor Ibrahim Cisse.
Benin also wants the extradition of Talon's collaborator, Olivier Boko, who has
also fled abroad.
France cannot extradite anyone to a country where the death penalty and forced
labour are still in operation, which is the case in Benin although they are
supposed to be abolished soon.
The French judges wanted to be informed of what punishments would replace them.
They also asked to see reports by the US's FBI and French laboratory Toxlab on
the pills that were allegedly used in the plot, following reports that they had
been tampered with, and requested mpre details of the time and place of the
alleged assassination attempt.
They have been presented with transcripts of about 20 "incriminating" SMSs
between Talon and Kora-Seke.
Opposition politicians have accused the government of inventing the conspiracy
in order to launch a purge.
Last May Beninese judge Angelo Houssou dismissed charges of attempted
assassination against Talon and his associates on the grounds that the
poisoning did not take place.
On the same day as his ruling he was detained trying to leave the country and
placed under surveillance at his home in Cotonou.
Benin has also brought cases against Talon for influence-peddling in Brussels
and in Geneva for money-laundering.
(source: All Africa News)
BANGLADESH:
Death Sentence Violates Fair Trial Standards; Prohibit Retroactive Application
of Laws; End Use of Death Penalty
The death sentence against Abdul Qader Mollah, a leader of the Jamaat-e-Islami
party convicted of war crimes during the 1971 war of liberation, is based on
the retroactive application of amended legislation after the conclusion of his
trial and violates international fair trial standards to which Bangladesh is a
party, Human Rights Watch said today.
Human Rights Watch has long supported efforts to deliver accountability for the
atrocities committed during Bangladesh's war of independence and to ensuring
meaningful justice for victims and survivors through fair and transparent
trials which meet the highest standards. Human Rights Watch takes no position
on the guilt or innocence of any of the accused at the International Crimes
Tribunal (ICT) of Bangladesh.
"Human Rights Watch has long called for justice for the 1971 atrocities, but
justice requires fair trials and due process of law," said Brad Adams, Asia
Director. "Changing the law and applying it retroactively after a trial offends
basic notions of a fair trial under international law."
On February 5, 2013, Mollah was sentenced to life in prison by the
International Crimes Tribunal (ICT), a domestic court holding trials for the
atrocities in Bangladesh's 1971 war of liberation from West Pakistan.He was
convicted on 5 of 6 counts, including murder and rape as crimes against
humanity and war crimes. He was acquitted on 1 count of murder. Government
officials, members of the ruling Awami League party, and segments of the public
reacted with outrage that Mollah was not sentenced to death. Large crowds
assembled in the Shahbag area of Dhaka demanding the death penalty.
The government responded by proposing amendments to the ICT law, allowing the
prosecution to appeal the sentence and decreasing the time for an appeal from
90 days to 60 days. Until the Mollah case, the prosecution was only allowed to
appeal if the accused was acquitted. 90 days were allowed for appeals. The
amendments were adopted on February 17. On September 17, the Appellate Division
of the Supreme Court reversed the life sentence on Mollah and imposed the death
penalty for murder and rape as crimes against humanity. Human Rights Watch said
that the amendments are a clear violation of the International Covenant on
Civil and Political Rights (ICCPR), to which Bangladesh is a state party.
An amendment to the Bangladeshi constitution which strips those accused of war
crimes of certain fundamental rights should be repealed to ensure equality and
due process of law. Although the Bangladeshi constitution contains a safeguard
against retroactive application of laws, the amendment removes these
protections from those accused of war crimes. Human Rights Watch has long
called for the repeal of this amendment as it violates international law.
"The prohibition against retroactive application of laws is a universal
protection for everyone against the abuse of laws," said Adams. "Without this
protection, governments would simply keep amending laws whenever faced with a
verdict they didn't like."
Human Rights Watch is opposed to the death penalty in all circumstances since
it is an irreversible, cruel, and degrading punishment.
The United Nations Human Rights Committee, which interprets the ICCPR, has said
that "in cases of trials leading to the imposition of the death penalty
scrupulous respect of the guarantees of fair trial is particularly important"
and that any death penalty imposed after an unfair trial would be a violation
of the right to a fair trial.
"In cases involving the death penalty adherence to fair trial standards is more
important than ever," said Adams. "Instead of giving in to public pressure, the
government should now seize this moment to join the international trend in
doing away with this barbaric practice."
(source: Human Rights Watch)
PHILIPPINES:
From Saudi death row to home: Pardoned OFW Lanuza back in PHL after 13 years
After 13 long years, Rogelio "Dondon" Lanuza, the overseas Filipino worker
(OFW) who was saved from death row in Saudi Arabia, finally arrived in the
country on Thursday afternoon, ending his family's long wait and putting a
happy ending to a story that even involved the King of Saudi Arabia.
Carrying only a green bag, Lanuza arrived on board Etihad Airways flight EY 424
at 3:03 p.m wearing a long striped shirt and a shawl. He was met by his
parents, Edilberto and Letty Lanuza.
"Nagpapasalamat ako sa Diyos dahil nakauwi ako ng buhay," he said in an
interview aired on radio dzBB.
Pardoned OFW Dondon Lanuza refuses to grant media interviews upon his arrival
at the NAIA after spending 13 years in jail in Saudi Arabia. Photo by Xianne
Arcangel
Lanuza had been in jail since 2000 after he was sentenced to death for killing
an Arab national. Saudi Arabia's highest court affirmed Lanuza???s death
penalty in 2001 but pardoned him after the victim's family was paid SR3 million
in blood money.
Of the SR3 million, SR700,000 was paid by the Philippine government and
supporters of Lanuza. Saudi King Abdullah shouldered the remaining SR2.3
million.
A report on GMA News' "24 Oras" showed Lanuza, 38, tearfully hugging his
parents upon meeting them. The report said Lanuza is now a Muslim convert.
Interviewed by reporters inside the airport's VIP room where he and his parents
stayed for 30 minutes, Lanuza maintained his innocence in the crime. He had
said in previous interviews that he acted in self-defense as the victim was
allegedly trying to rape him.
"Malinis po ang konsensya ko. Sumpa man sa Diyos, wala talaga akong kasalanan,"
he said in the "24 Oras" report.
Lanuza's papers were processed at the airport by representatives from Overseas
Workers Welfare Administration (OWWA), the Department of Foreign Affairs (DFA),
and the Office of the Vice President.
The dzBB report said Lanuza appeared confused at times and quoted him as saying
that he may need some time to get used to his newfound freedom.
Homecoming
After leaving the airport, Lanuza went to their home in Sampaloc, Manila, where
he received a festive homecoming, a separate report on radio dzBB said.
The report said Lanuza's neighbors prepared placards that read "Welcome Home
Dondon Lanuza." Children also lined the street holding small flags with the
same message.
Lanuza's arrival in his neighborhood was highlighted by the playing of drums
and village officials escorting him to his 3-story house.
Jovita Lanuza, the OFW's 89-year-old grandmother, shed tears upon seeing her
grandson.
"Maligayang maligaya ako sa pagbabalik ni Dondon. Malaking-malaki ang pasalamat
ko sa Panginoon at nakaligtas pa ang apo ko," she said in the "24 Oras" report.
Food prepared in the house included pancit, bread and lanzones, the dzBB report
said.
Lanuza reportedly asked for privacy and a chance to rest, claiming he had been
sleepless for the last four days. The dzBB report quoted a local village
official as saying Lanuza stayed inside an air-conditioned room to have his
rest.
(source: GMANetwork)
CANADA:
New rules stem appetite for death penalty
Last week Alberta Court of Queen's Bench Associate Chief Justice John Rooke
handed out an unprecedented life sentence without eligibility of parole for 40
years.
Without question, Travis Baumgartner's crimes, murdering 3 of his co-workers
for money, is just about as egregious as it gets and I was among those
applauding the Court for taking advantage of a new Criminal Code provision
allowing consecutive parole terms in multiple murder cases.
This is one change to the Criminal Code the Conservatives absolutely got right.
I don't often say that but here is why: it leaves the discretion in the hands
of the courts unlike mandatory minimums.
And Justice Rooke did exercise discretion. The Crown was seeking 75 years
without eligibility of parole, which in the case of 22-year-old Baumgartner
would have basically amounted to life without parole.
Rooke cited the defendant's age, lack of criminal record and willingness to
plead guilty, this sparing the families of the victims from a prolonged trial,
as the mitigating factors in his decision.
I am a little surprised that, aside from comments by some members of the
murdered guards' families, this case has not raised the spectre of the death
penalty.
Last year, there was more of a hue and cry for the return of capital punishment
in the case of Victoria Stafford, the 8-year-old Woodstock, Ontario girl who
was abducted, sexually assaulted and murdered in 2009 by Michael Rafferty and
Terri-Lynne McClintic.
Both were convicted of 1st-degree murder, which, at the time, carried a maximum
penalty of life with parole eligibility in 25 years. That triggered an online
campaign for a federal referendum on the death penalty. One Abacus Data survey
indicated as many as 66 per cent of Canadians may be in favour of capital
punishment for the most heinous crimes.
Of course, every sensational case raises at least a passing public sentiment of
vengeance. The death penalty was briefly discussed in Parliament in the
mid-1990s in response to the Paul Bernardo and Karla Homolka case. Homolka was
unconditionally released from prison 8 years ago. Bernardo will be eligible for
parole in just 7 years. Both of these results still precipitate public disgust.
Just because someone is eligible for parole, however, does not mean they will
get out. In addition to his life sentence, Bernardo was designated a dangerous
offender. He spends 23 hours a day in a 2.5- by 3-metre cell in the segregation
unit at Kingston Penitentiary. The chances of him being released in 2020 are
slim, but remotely possible.
And this is exactly why the government changed the rules. If Bernardo were
tried today, there is little doubt he would get life without parole, perhaps
muting the voices in favour of returning to the noose to exact punishment on
our worst offenders.
Getting back to Tori Stafford, I have to applaud the Stephen Harper for
refusing to reopen the debate.
Conservative MP David MacKenzie summed it up nicely.
"I know there is a certain sentiment about capital punishment, and it comes out
in these times, but those may not be the times when we need to make conscious
decisions about where to go, because then it is a case of anger and emotion,"
he said.
In Baumgartner's case, government MPs haven't even had to answer those
questions suggesting the public is largely satisfied with the new rules.
Of course, for surviving victims of multiple murderers even the death penalty
may not be enough as suggested by Janet Stosky, an aunt of one of the murdered
guards.
"I am not sure, when you are going through this level of pain, if you can ever
feel satisfied with the justice that is available," she said.
(source: Yorkton This Week)
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