Sept. 20



ZAMBIA:

Zambia separatists are defiant in court


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 two 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 three 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)






LIBYA:

A day of reckoning for Gaddafi's son and his former spy chief


The son of the late Libyan leader Muammar Gaddafi appears court as his former intelligence chief also faces charges.

Saif al-Islam the heir apparent to his father Muammar Gaddafi appears in court in Zintan where he will face charges of war crimes.

He told the court he would like his trial to take place in Zintan -- where he has been held for 2 years -- rather than be transferred to Tripoli.

Saif al-Islam was a powerful figure in his father's government and has been accused of orchestrating brutal reprisals against anti-Gaddafi protesters.

The International Criminal Court also wants to try him for alleged crimes committed during the 2011 uprising that toppled his father.

Zintan fighters caught Saif al-Islam in the southern desert, a month after his father was captured.

The case was adjourned until December 12.

In Tripoli, Libya's former intelligence chief Abdullah al-Senussi was also in court Thursday along with other former officials.

He faces charges related to the uprising in 2011.

He is also wanted by the International Criminal Court.

His lawyer demanded his surrender to the ICC, where he would not face the threat of the death penalty.

But in Libya, authorities have been reluctant to surrender him, saying they can give him as fair a trial as the Hague-based court.

(source: Trust.org)






BANGLADESH:

Quader Molla execution possible on short verdict


The government can hang Jamaat-e-Islami leader Abdul Quader Molla till death after getting the certified copy of the order pronounced by the Appellate Division on Tuesday, legal professionals said. However, the defence claimed it would not be possible.

"What the apex court declared is the main or operative part of the verdict. So after getting its certified copy, the government can execute the death sentence at any time," Additional Attorney General MK Rahman told the Dhaka Tribune.

Law Commission Member Prof Shah Alam, who played an important role in the improvement of the tribunal law, echoed the same view.

They said the war crimes cases are dealt under the International Crimes (Tribunals) Act 1973, which has protection of the constitution. Section 20.3 of the Act states: "The sentence awarded under this Act shall be carried out in accordance with the orders of the government."

Following the Appellate Division verdict, the defence lawyers of Quader Molla said they would file review a petition against the judgement. Quader Molla was given a life sentence by the International Crimes Tribunal on February 5 for committing crimes against humanity during the Liberation War.

MK Rahman refers to article 105 of the construction that says: "The Appellate Division shall have the power, subject to the provisions of any Act of parliament or of any rules made by that division to review any judgement pronounced or order made by it."

He said the review was subject to the Act of parliament, and in this regard, the tribunal law too is an Act of parliament.

Law Minister Shafique Ahmed, Attorney General Mahbubey Alam, Law Commission member Prof Shah Alam and legal expert Shahdin Malik opposed the view of defence.

They were of the same view that the constitution curtails the scope of review petition of anyone who is convicted for crimes against humanity, and the tribunal law does not mention review, it just gives the right to appeal.

Moreover, according to the Appellate Division Rules 1988, a review petition could only be entertained when an apparent error is found in the judgement.

According to the Bengal Jail Code 1864, after getting the certified copy of the verdict of death penalty, jail authorities give seven days to the death-row convict to seek presidential clemency.

If he does not seek mercy within the stipulated time, then the death sentence will be executed not before 21 days and not after 28 days.

MK Rahman said: "It is the government who will decide whether they will follow the jail code or not, and it totally depends on the government in what process they will execute the death penalty."

Prof Shah Alam told the Dhaka Tribune that if the defence moved to the apex court, their petition would be rejected.

Acting on short verdicts of the Supreme Court, the government earlier scrapped the caretaker government system from the constitution, while the Election Commission barred Jamaat-e-Islami from contesting in Barguna 2 by-polls after the High Court declared its registration with the Election Commission illegal.

Farid Uddin Khan, a key defence counsel for Quader Molla, claimed that execution was not possible on a short verdict.

He told the Dhaka Tribune: "When we get the certified copy, we will file a stay petition with the Chamber Judge of the Appellate Division. The judge will send it to the 5-member bench headed by Chief Justice Md Muzammel Hossain as the Chamber Judge has no authority to stay execution of the verdict."

Farid added that after getting the full verdict, the defence would lodge a plea within 30 days so the bench could review the judgement.

Moreover, the decision on seeking presidential clemency depends on him and his family, the lawyer said. "We have nothing to do with the matter of mercy. There may be prescription from Jamaat."

He said: "Seeking clemency means Quader Molla admits his guilt."

Prof Asif Nazrul, a teacher of law department at Dhaka University, told the Dhaka Tribune: "If the defence files a stay plea after getting the certified copy, and the top court rejects it, then the execution of death penalty on the basis of a short verdict is possible."

He also said as the Appellate Division was the 1st court to give death penalty to Quader Molla, he should be given the right to review the judgement as per the principle of natural justice.

"In addition, the tribunal law does not say that review cannot be possible. It is ultimately the apex court which will decide whether there is any scope of review in war crimes cases," he added.

(source: Dhaka Tribune)






IRAN:

4 Iranian Kurds facing death for 'enmity against God'


In an urgent action released on 19th of September, Amnesty International warned against imminent execution of four Iranian Kurds on charges of "enemity against god" (moharebeh) and "corruption on Earth".

The 4 are facing imminent execution for their beliefs as the wave of death sentences continues under the regime's new 'moderate' president Hassan Rouhani.

Jamshid Dehghani, his younger brother Jahangir Dehghani, Hamed Ahmadi and Kamal Molayee were all arrested in June and July 2009 on charges of 'enmity against God' (moharebeh) and 'corruption on earth' (ifsad fil-arz).

They were taken by plain clothes agents believed to be from the Ministry of Intelligence to an MoI detention centre in Sanandaj, Kordestan, according to a report by human rights group Amnesty International.

There they were held in solitary confinement in Sanandaj and Hamedan, western Iran, until February 2011, when they were transferred to Raja'i Shahr Prison in Karaj, near Tehran.

They were sentenced to death by Branch 28 of the Revolutionary Court of Tehran on November 14, 2010, in a trial in which they were the assistance of a lawyer.

All 4 have now been informed that their death sentences have been upheld by the Supreme Court and that their cases have been transferred to the Office for the Implementation of Sentences, the official body in charge of carrying out executions, which is expected carry out the sentences within days.

Prior to this NCRI had reported that Security and intelligence forces in a prison in the city of Saqez, Kurdistan, attacked several imprisoned political and religious activists on Saturday, September 14. The security forces also provoked several ordinary prisoners to join them in this attack, beating the prisoners.

The prison wards then transferred one of the prisoners, identified as Farzad Samadi to solitary confinement and deprived two other political and religious activists, Othman and Aram Mikael from having visitors and phone calls.

(source: NCR-Iran)

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

Prominent Iranian Musician Challenges Public Executions in New Music Video


Today the International Campaign for Human Rights in Iran released the music video "Execution" by Okhtapus, featuring acclaimed Iranian singers Shahin Najafi and Majid Kazemi, which directly confronts the Iranian government's routine practice of inhumane state executions.

Iran has the highest per-capita execution rate in the world and annually executes more people than almost any other country. It is one of very few countries to carry out public executions, and it has been censured by the United Nations for its routine practice of executing individuals convicted of crimes that do not meet minimum international standards for capital punishment.

With stark camera work and unflinching verse, Najafi and Kazemi address head on the cruelty of state executions in Iran. They sing of the plight of vulnerable individuals who are put to death despite the condemnation of human rights groups worldwide. They sing of the children who are brought to watch public executions in Iran as a routine form of group entertainment, and the corrupting effect this has on their developing humanity. They sing of the numerous societal problems in Iran that go unaddressed by the government - poverty, unemployment, and corruption - while the authorities resort to ever more aggressive execution policies. "Execution" is a searing call for the rejection of the Iranian government's policies on capital punishment.

Najafi is a hugely popular singer in Iran. He chose to leave his homeland rather than submit to the state censorship in Iran that forces artists and musicians critical of the government to work underground or face harassment and imprisonment. He has continued his work in exile, maintaining a loyal audience of millions both inside and outside Iran. Kazemi is a gifted Iranian singer-songwriter and guitarist who also resides outside Iran.

Through this music video, the Campaign seeks to raise awareness inside Iran, particularly among the younger generation, of the inhumanity of the government's capital punishment policies and the incompatibility of these policies with internationally accepted norms. Promoting a culture of human rights inside Iran, where such policies are questioned and repudiated, is a major goal of this work.

The "Execution" video is the latest in a series of projects the Campaign has launched which aim to reach a broader audience beyond the traditional human rights community by giving voice to cultural figures and transmitting human rights concerns through artistic means. In 2012, the Campaign began publishing weekly editorial cartoons on human rights themes by Iranian artists, and in 2013 published the groundbreaking collection of drawings and personal narratives by Iranian artists and activists, Sketches of Iran: A Glimpse from the Front Lines of Human Rights. Also in 2013, the Campaign began producing its hugely popular weekly Persian podcast, "5 in the Afternoon," featuring renowned Iranian satirist Kambiz Hosseini. The podcast addresses human rights issues through the lens of political satire, and has had over 1.8 million downloads and listens on Soundcloud since its inception in January 2013.

(source: Iran Human Rights)


AFGHANISTAN:

Afghanistan Death Lists of 5000 people executed to end uncertainty of relatives----She heard that so many people were killed in 1978-1979, that bulldozers were used to bring them to a place behind Pul-i-Chargi Prison


In the course of a War Crimes investigation concerning Torture and Killings, the International Crimes Unit of the Netherlands National Police has obtained Death Lists from Afghanistan, dating from the 1970s. Almost 5000 names are listed in these documents, in which the authorities meticulously recorded the regime's killings.

These lists end the uncertainty of numerous relatives who have been in the dark for decades about the fate of their fathers, brothers, uncles, cousins and other loved ones.

The Investigation

Under the supervision of the National Prosecutor's Office, the Netherlands Police started investigating Amanullah O. in 2010. He was suspected of having committed War Crimes in Afghanistan in 1978 and 1979. The investigation focussed in particular on O.'s involvement in Torture. Under his responsibility as chief of the Interrogation Department of the Afghan Security Service AGSA - predecessor of the KAM, KhAD and WAD - people were purportedly arrested, interrogated and tortured. The methods that were used include beatings, electricity and sleep deprivation.

Prison circumstances were bad. Over-population, little to no sanitary provisions or medical care and violence by the guards were so severe that they amounted to cruel and inhuman treatment. Some prisoners were released after power changed hands within the communist regime. Others are known to have been executed. Many others, however, have 'disappeared'. Their relatives have never heard from them again.

Amanullah O. came to the Netherlands seeking asylum in 1993. In an interview with the Immigration Service, he stated that he had been the head of the Interrogation Department of AGSA, where people were tortured. He also stated that he had signed documents concerning people who were to be executed. From his statement: "Of course there were people who were maltreated during interrogations. Naturally, I was responsible for such maltreatment, but that is how it goes in Afghanistan. It was not possible to adopt a different attitude. That was expected and desired of me. If you don't go along with it, you can never attain such a high position." Partly on the basis of this interview with the Immigration Service, O. was denied refugee-status in The Netherlands in conformity with Article 1F of the Refugee Convention.

Article 1F of the Refugee Convention provides that the Treaty does not apply to any person with respect to whom there are serious reasons for considering that he has committed certain crimes, for example War Crimes. Refugee-status is therefore withheld from such persons. In case such a person would be in real danger if he were to return to his country of origin, he is nevertheless not deported. This was the case with O. He was not granted asylum, but he was not deported either.

Transfer Orders

The criminal investigation concerning O. was based on his statement to the Immigration Service as well as on documentary evidence: the so-called Transfer Orders. The Transfer Orders were published in a book by the Afghan Mirwais Wardak in 2000-2001. The book contains copies of documents of the Afghan State Security Services from 1978 and 1979. They concern the transfer of persons to and from detention centres, such as the infamous Pul-i-Charkhi Prison. The transferred persons are mentioned by name in the documents.

The Netherlands Police have later obtained the original Transfer Orders from Wardak. The signature of O., head of the interrogation department, is on 27 of the Transfer Orders. In these documents, detainees were described as Muslim-fundamentalists, intellectuals, students, civil servants, military officials, shop-keepers and rogues.

Death Lists

During the course of the investigation, the Netherlands Police found and contacted witnesses in Germany. They mentioned the existence of Death Lists. One of the witnesses, a 93 year old woman from Hamburg, turned out to be in the possession of 154 pages listing in Dari the names of people who, according to the then-Afghan authorities, were executed in 1978 and 1979.

On these pages, the dead are listed in chronological and alphabetic order. The Lists state their names, the names of their fathers, their professions and their places of residence as well as accusations. The woman gave the Lists to the Police on the condition that they would be returned to her. She had obtained the list from United Nations Special Rapporteur for Afghanistan Felix Ermacora.

Quest for Definite Answers

During the investigation, it became clear to the Police that many victims and relatives did not know of the Death Lists and the Transfer Orders. One woman told Dutch investigators about the quest she had undertaken together with her mother to obtain definite answers about the fate of her disappeared father. All her efforts proved fruitless. She went back to Afghanistan and met with former members of communist parties and Mujahedeen. She heard that so many people were killed in 1978-1979, that bulldozers were used to bring them to a place behind Pul-i-Chargi Prison. People were lined up and shot with a machine gun. Whoever was still alive, was buried alive. Thousands allegedly met this fate.

Seeing the Transfer Orders presented by the Dutch investigators brought the woman to tears. She had been waiting and searching for this kind of document about her father for thirty years. The Transfer Order provided her with clarity about his last days. Other witnesses recognized names of their loved ones on the Death List. They obtained certainty about the fate of their relatives for the 1st time as well.

Death of the Suspect

The War Crimes investigation ended in 2012 with the sudden death of O. The results of the criminal investigation are shared with other European States where co-suspects of O. reside. The Netherlands National Prosecutor's Office is in touch with the Judicial Authorities in those States.

The National Prosecutor's Office and the Netherlands Police are making the Death List and the Transfer Orders public today. These documents are accessible in their entirety on www.warcrimes.nl. They have also been brought to the attention of the Red Cross and the international press. The Netherlands authorities hope that the list will bring closure to the tormenting uncertainty that thousands of Afghan relatives have lived in for years.

(source: RAWA News)


TRINIDAD:

October 1 conference against death penalty----Abolitionists meet


Leela Ramdeen, chair of the Catholic Commission for Social Justice (CCSJ), says the Commission is hoping Trinidad and Tobago and Barbados will abolish the mandatory death penalty when pro-life arguments are presented by about 30 abolitionists at a conference planned for October 1.

The theme of the local conference is: The Death Penalty In the Context of Public Security: Neither Right, Nor Effective.

It is expected to take place at the Law Faculty Auditorium on the St Augustine Campus of The University of the West Indies.

Ramdeen said international committees have to deal with the paradox of the retentionist Caribbean, where there are few executions but a core of countries strongly opposed to abolition of the death penalty.

She also said interventions like poverty eradication and social inclusion will act as deterrents to people committing crimes like murder against their fellow-men.

Ramdeen made the comments on Wednesday during a press conference promoting the October 1 conference, which will focus on the Caribbean.

It is a precursor to World Day Against the Death Penalty on October 10.

Also present at the press conference was Alpha Chambers attorney Michelle Solomon-Baksh, who earlier this year attended the World Coalition Conference against the Death Penalty in Madrid, Spain.

"The focus is on the Caribbean region," said Ramdeen. "Trinidad and Tobago and Barbados are two islands that have retained the mandatory death penalty. In the English-speaking Caribbean, many of them have it on their law books. Many of them are not signing up the moratorium from the United Nations Resolution Against the Death Penalty.

"The trend is moving away from the death penalty. And we are hoping people will develop a conscience that it is not the way to go. We have 30 abolitionists to get people committed and securing support at a time when crime levels are high and to change attitudes and behaviour. The iron fist is not working."

Ramdeen added: "Barbados promised they will move away from that mandatory law. The mandatory law said if there are no personal circumstances and if you are convicted of murder you shall surely die. And not having discretion."

There are plans to invite Attorney General Anand Ramlogan, Justice Minister Emmanuel George and Opposition Leader Keith Rowley, who will be allowed to speak at interactive sessions.

Ramdeen recalled Prime Minister Kamla Persad-Bissessar had said "it was a tool in her arsenal to fight crime" and Chief Justice Ivor Archie (at the opening of the 2012 Law Term) "had yet to find a convincing argument in favour of the death penalty".

Both Ramdeen and Solomon-Baksh agreed Trinidad and Tobago still had to face the international ignominy of hanging convicted murderer Glen Ashby.

"It was considered an infamous mark on our local jurisprudence. Trinidad and Tobago has yet to recover the shame of that hanging," said Solomon-Baksh.

(source: Trinidad Express)






INDIA:

Thousands back Amnesty's anti-death penalty drive


More than 65,000 people have supported an Amnesty International India campaign seeking abolition of the death penalty in India.

G. Ananthapadmanabhan, chief executive of Amnesty India, delivered the campaign petition with all signatures to V. Narayanasamy, the minister of state in the Prime Minister's Office, on Wednesday.

"This campaign shows that there are thousands in this country who believe that the use of death penalty is arbitrary, flawed and biased," said Ananthapadmanabhan. The campaign was launched in April.

"There is no evidence to prove that the death penalty is a particular deterrent to crime. It is indeed the government's responsibility to ensure public safety and address rising crime," he said.

"But this will require sustained commitment and action from the police and the judiciary to ensure that the justice system responds promptly and effectively at every level," he added.

For years, the death penalty has been awarded in India in ways the Supreme Court has described as inconsistent, subjective and judge-centric.

Convicts who commit similar crimes are given the death penalty by some judges and life imprisonment by other judges.

The Supreme Court has also pointed out that courts have made mistakes in using the 'rarest-of-rare' test to determine if the death sentence should be given.

"The use of the death penalty has a class bias and discriminates against powerless people in our society. The poorer a person is, the more likely he is to be sentenced to death," said Ananthapadmanabhan.

Since assuming office in 2012, President Pranab Mukherjee has rejected the mercy petitions of at least 20 people. At least 23 people are now at risk of execution.

Amnesty International India urges the government to take immediate steps to commute all death sentences to terms of imprisonment and impose a moratorium on executions as a step towards abolishing the death penalty.

(source: Vancouver Desi)

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

Man gets death penalty for killing parents


Sending to the gallows a man of Nepali origin who stripped his elderly parents before brutally murdering them, Shimla court observed that the incident was highly brutal act of crime.

"The incident was inhumane in its form besides being a highly brutal act of crime", Sessions Judge Baldev Singh said while convicting and sentencing 25 year old Om Prakash to death.

"The case falls in the rarest of rare cases", said the court.

The crime took place in January last year in Kotkhai area in Shimla district when Prakash murdered his parents, who were working in an orchard, in the presence of his wife and sister-in-law.

As per the prosecution, after murdering Maan Bhadhur, 60, and his wife Parwati, 56, in his house the convict dumped the bodies in a room. He locked his wife and his sister-in-law, both eyewitnesses, in the house.

The incident came to light after 2 days of the crime when the police broke down the door of the house and found mutilated bodies lying in a pool of blood. The convict's wife and sister-in-law, who were in trauma, were sitting in a room.

"The court was convinced that the accused has done a heinous crime with high degree of brutalities", said the court.

It said he first stripped his father naked, chopped his private parts and beat him up mercilessly before his murder. Thereafter, he didn't spare his mother, who was also stripped.

The court, which didn't find any motive behind the crime, ordered that the accused to be hanged till death. A fine of Rs. 5,000 was also imposed on him.

(source: Himvani)






PAKISTAN:

Pak clerics against death to false accuser under blasphemy law


Pakistan's top clerics have struck down a proposal for awarding death sentence to people making false accusations under the controversial blasphemy law.

A meeting of the Council of Islamic Ideology (CII) witnessed serious ideological differences between the hardliners and the moderates over the proposal to award the same punishment to a false accuser as to an accused.

After having failed to reach a consensus, CII Chairman Maulana Mohammad Khan Sherani decided to form a two-member committee, comprising retired Justice Mushtaq Ahmed Memon and retired Justice Nazir Akhtar, to look into the matter and submit their findings, The Dawn reported.

The situation turned ugly when Maulana Tahir Ashrafi criticised the misuse of the blasphemy law. He was of the opinion that because of this misuse the Muslims were getting a bad name and Ulema in Pakistan were being maligned, it said.

Ashrafi said those making a false accusation needed to face death penalty because the words attributed to the accused were actually uttered by the accuser.

He even went on to allege that false cases provided certain 'maulvis' an opportunity to exploit the situation in different ways.

The statement annoyed some members who went on to call for Maulana Ashrafi's resignation as member of the CII.

The members opposed to amendments to the blasphemy law maintained that they did not want to discourage people from coming forward and lodge complaints against blasphemers.

They said there was already a law - section 194 of the PPC - which envisaged punishments for lodging a false FIR.

The CII chairman said an official announcement would be made on Monday after the committee submitted its findings on the matter.

Blasphemy is a highly sensitive issue in Pakistan, where 97 % of the population are Muslim.

Critics say the law is often used to settle personal scores and had suggested that it be repealed.

The council also rejected the Women Protection Bill, 2006, saying it was contrary to the spirit of Quran and Sharia.

The Bill is an attempt to amend the heavily criticized Hudood Ordinance laws which govern the punishment for rape and adultery in Pakistan.

(source: Business-Standard)


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