Sept. 30
MALAYSIA:
Prabowo Stepping Up to Help Maid Facing Death Row in Malaysia
Great Indonesia Movement (Gerindra) party chief patron Prabowo Subianto said
that he is hiring a top Malaysian lawyer to save an Indonesian maid from a
death sentence.
Prabowo said he has met with Wilfrida, the Indonesian maid who is on trial for
the 2010 murder of 60-year-old Yeap Seok Pen in her Kampung Lubok, Pasir Mas,
home.
Wilfrida has been working since she was 12 and is said to be a victim of human
trafficking.
The Malaysian woman allegedly accused the young maid of sleeping with her
husband in an argument that turned physical, according to reports in Malaysian
media.
Prabowo described Wilfrida's situation as reprehensible, saying she did not get
enough legal help and that he had tried to contact the Indonesian Embassy in
Kuala Lumpur via telephone but had not received a response.
Prabowo said the lawyer appointed by the Indonesian embassy to assist her in
the death trial only met her a few hours before the trial and therefore he has
now hired one of Malaysia's top lawyers, Tan Sri Muhammad Shafee, in the hope
that she can avoid the death penalty.
Manpower and Transmigration Minister Muhaimin Iskandar flew to Malaysia on
Thursday to meet with Malaysian officials as the maid's trial drew to a close.
"The government is doing everything it can to save Wilfrida," Muhaimin said.
"Besides giving a maximum [amount of] legal support, we are also taking a
bilateral diplomatic approach to freeing her."
The ministry coordinated with the Ministry of Foreign Affairs and the
Indonesian embassy to secure a team of attorneys to represent Wilfrida,
Muhaimin said.
"The team of attorneys will assist her and observe her trial," he said. "They
are working hard to find strong legal evidence to break the case and free
Wilfrida from the death penalty."
Wilfrida's trial is scheduled to conclude today when the court issues a
verdict. If declared guilty, the woman faces a maximum sentence of death under
Malaysia's criminal code.
Wifrida's actual age at the time of her arrest is a key point in the
government's defense. Wilfrida was either 21 years old or 17 years old when she
was charged with murder.
The woman's passport carried a birthdate of June 8, 1989, but her christening
letter from a Catholic church in Indonesia read Oct. 12, 1993, according to
Indonesian news portal Tempo.co.
(source: Jakarta Globe)
BANGLADESH:
Bangladesh will burn, warns Sayedee's son
Jamaat-e-Islami leader and war crimes convict Delwar Hossain Sayedee???s son
Shamim Sayedee has threatened that the government's decision to hang his father
will 'leave the country burning'.
He issued the threat on Sunday at the rally the 18-Party alliance organised at
Khulna Circuit House ground, where BNP chief Khaleda Zia was the chief guest.
"The government has confined my beloeved father to the darkness of prison cell
for 3 years through conspiracy and out of vengeance. He has been falsely handed
down the century's cruellest death penalty," claimed Shamim.
"The people of the country replied on Feb 28 to the false sentence my father
was handed down. They have not accepted this sentence. If the government goes
for the execution of this verdict, it will set the entire country on fire."
Several thousand activists of Jamaat-e-Islami and its student front Islami
Chhatra Shibir shouted 'Naraye Takbir, Allahu Akbar', the party's trademark
slogan, while Shamim spoke.
The activists of the Jamaat and Shibir thronged the venue of the rally by their
thousands in one of its biggest showdowns in recent times.
The 2 International Crimes Tribunals in several judgements held Jamaat
responsible for perpetrating war crimes to prevent independence, giving birth
to calls that the party should be banned much the same way the Nazi party was
for its Second World War crimes.
Banners and placards with the demand to free war crimes convicts like Sayedee,
Ali Ahsan Mohammad Mujahid, and Abdul Quader Molla and also those standing
trial for alleged war crimes were seen large numbers during the Khulna rally.
(source: bdnews24)
UNITED ARAB EMIRATES:
Emirati crime boss fatally stabbed in Dubai jail attack
A notorious Emirati criminal was allegedly stabbed 37 times in a deadly attack
by 18 fellow inmates in Dubai Central Jail, a court has heard.
Most of the inmates appeared at Dubai Court of First Instance on Sunday over
the murder but did not enter a plea.
However, the list of charges will not be read out until the court appoints
lawyers to defend the accused inmates.
The court was told the 43-year old Emirati victim, known as AH, had his ear and
finger chopped off, and was stabbed in the neck, back, stomach and shoulder in
the suspected revenge attack in August last year. He was rushed to hospital but
died shortly before arriving.
2 sets of Emirati brothers, known as RS and his younger brother MS, as well as
AG and his elder brother RG, were said to have led the deadly attack.
The 18 defendants comprise 14 Emiratis, a Ukrainian, an Uzbek, a Pakistani and
an Afghan.
It is alleged the attack occurred in a corner of the prison not monitored by
surveillance cameras.
The newspaper said AH was serving a three-year jail term after he was convicted
with others of chopping off RG's finger with a cleaver.
A police captain told prosecutors that witnesses alleged RG had vowed to take
revenge.
The court heard the attack was preceded by a group fight between 5 other
inmates, who have been charged with attempting to murder RS and face the death
penalty.
The case was adjourned until October 29.
(source: Arabian Business)
SINGAPORE:
Couple charged with murder of daughter
A couple who attempted multiple suicides at Sri Manja Square here nearly 2
weeks ago were charged today with the murder of their 5-year-old daughter.
Contractor Hiew Yook Cheang, 49, and his wife Wong Yin Tinn, 37, were alleged
to have murdered Mabel Hiew Mun.
The incident allegedly happened at the apartment at Jalan PJS 3/46, Taman Sri
Manja here between 7pm on Sept 13 and 8am on Sept 17.
The offence carries the death penalty upon conviction.
The couple appeared composed when they indicated they understood the charge
which was read to them in Mandarin by an interpreter in the magistrate's court
today.
Magistrate Ahmad Solihin Abd Wahid did not grant bail and fixed Nov 7 for
mention.
Deputy public prosecutor Nur Aifaa Che Abdullah prosecuted while both accused
were not represented.
(source: New Straits Times)
PAPUA NEW GUINEA:
6 face court over deadly Papua New Guinea trek attack
6 men have appeared in court in Papua New Guinea over the attack on a group of
Australian trekkers and their local porters earlier this month.
2 local porters were killed and seven Australians and a New Zealander were
injured in the attack on the Black Cat Track on September 10.
Another porter, Lionel Agilo, later died in hospital from severe machete
wounds.
In the days after the attack police in Morobe province arrested 6 men, who
appeared in court for the 1st time last Friday.
The accused appeared in court in the provincial capital, Lae, each charged with
3 counts of murder.
Local reports said the men have also been charged with attempted murder,
grievous bodily harm and armed robbery.
If found guilty the men could face the death penalty after PNG's parliament
reinstated capital punishment earlier this year.
The case against the 6 defendants was adjourned to December and the men were
remanded in custody.
In the wake of the attack, the leader of the trekking group, Christy King, said
she was .
Meanwhile Mr Agilo's family of doing nothing to help him.
His brother Nick Agilo said the company should have taken the injured porters
to a place with better supplies and treatment options.
PNG Trekking Adventures denied it had not done enough and this month said it
was "working furiously" on treatment options for the porters.
Ms King and her husband Daniel have set up towards the porters' treatment.
(source: Yahoo News)
INDIA:
The Delhi gang rape death sentences won't make India safer for women
The government has done little more than to satisfy the emotional sense of
injustice, and hush up the masses temporarily while shying away from the bigger
issue: how to prevent the crimes?
The fatal gang rape of a 23-year-old student on a bus in New Delhi last
December caused global horror and outrage and forced India to step back and
examine the ongoing war being waged against its women. 2 weeks ago a high court
judge passed death sentences on the four men convicted of the rape and murder,
thereby appeasing a public majority who bayed for blood, calling for chemical
castration and public hanging. Lawyers for the four have since launched an
appeal against the sentence which could take weeks or even months, but one
thing is for certain: even if they are executed, it will not make India a safer
country for women.
For hundreds of thousands of Indian women their struggle begins within the
womb. According to UN figures, an estimated 750,000 female foetuses are aborted
annually, and even if they do make it past the 1st gauntlet, they face the
threat of infanticide, starvation in favour of male siblings, and are likely to
endure a life deprived of freedom, education and equality. For every 1,000 boys
under the age of 6 there are only 914 girls, with some states reporting figures
as low as 830. India's Planning Commission called the gender imbalance "a
silent demographic disaster in the making" which is already beginning to
manifest itself in the form of increased sexual violence, polyandry - where
brothers marry the same woman - and a surge in poorer parents trafficking
daughters as brides in areas where the female to male ratio is skewed.
In the days leading up to the sentencing an astonishing level of brutality
emerged from the Indian public who demanded stoning, lashings, and castration
for the convicts, with even high-profile names calling for the death penalty in
order to set a precedent and act as a deterrent against future crimes. While it
is easy for us in the West to shake our heads and theorise that brutality can't
be fought with brutality, for most women in this country gang rape isn't a
worry when we step out of our front doors and commute to work. My biggest fear
is that the Jubilee line might be down - not that I might end up gang raped and
beaten to death on a moving bus.
However, by passing the death sentence, the government has done little more
than to satisfy the emotional sense of injustice, and hush up the masses
temporarily while shying away from the bigger issue: how to prevent the crimes?
Rather than focusing on how to treat the symptoms once they bubble to the
surface and burst like ugly boils, the root cause needs to be examined and
removed.
India is fundamentally a country permeated with both violent language and a
violent mentality. From early childhood, phrases such as "I'll thrash you", and
"I'll give you such a tight slap" are commonplace, bandied around by both
parents and teachers alike. Few can claim not to have been on the receiving end
of physical violence from family members and many who suffer at the hands of
violence go on to perform similar acts themselves. 90 % of sexual attackers are
known to their victims, dispelling the myth of attackers as evil monsters, far
removed from you and me. If the death penalty were invoked more often, India
would have to accept that there would be many brothers, fathers, grandfathers,
co-workers and neighbours swinging from the gallows. And what then of family
honour, so often called into question when a daughter is raped, but not when a
son has done the raping.
Society has to set the standards by which it wants to live and what hope does
India have when its own lawmakers set a horrifying example? A Reuters report
revealed last week that the cabinet has passed an executive order to protect
politicians found guilty of crimes, which could allow convicted lawmakers to
stay in office and stand in elections. Since India's last general election in
2009, an estimated 30% of lawmakers had criminal charges against them, which
included rape and murder.
To chip away at the patriarchal and misogynistic mentality, education on gender
equality has to begin at the grass-roots level, within homes and primary
schools, and be reinforced with a strong and sustained anti-violence
government-funded campaign on television and in cinemas for those who don't
attend schools. The four convicted in the Delhi rape case were all illiterate
and had to sign documents with their thumbprints, but they were probably
familiar with the latest Bollywood films whose stars could easily be called
upon to back such campaigns. It might seem like trying to empty the sea with a
teaspoon, but India has already shown that it is capable of achieving the
impossible with targeted education. A polio-eradication programme launched in
1985 seemed a futile venture, attempting to wipe out polio from a country as
vast and over-populated as India, but with politicians, activists and
volunteers, the country has now been polio-free for over a year.
Ultimately the conversation must continue. Since the Delhi gang rape the
discussion over each newly reported rape has subsided faster and faster with
social media moving swiftly on to lamenting the fall in the rupee or arguing
over India's foreign film entry to the Oscars, while the everyday rapes, acid
attacks, domestic abuse and violence continue quietly in the background.
(source: New Statesman)
PAKISTAN:
Open letter to govt : End to death penalty demand
The Human Rights Commission of Pakistan (HRCP) and the International Federation
for Human Rights (FIDH) have shared their concerns and future recommendations
about the application of the death penalty in Pakistan.
Both organisations have jointly, and for several years, advocated for the
abolition of this inherently cruel, inhuman and degrading punishment that
violates the right to life, they said in an open letter to the government on
capital punishment.
"First of all, we would like to stress that, together with the rest of the
human rights community, we have recognised and appreciated the efforts made by
the government of Pakistan through the moratorium on executions established in
September 2008. Soon after, Pakistan ratified the International Covenant on
Civil and Political Rights (ICCPR) and, at the occasion of the UN Universal
Period Review of Pakistan in October 2012, supported recommendations by other
states to maintain the moratorium. However, the execution of Muhammed Hussain
on November 14, 2012, as well as the fact that 450 convicts out of more than
8,000 inmates on death row in Pakistan awaited execution by August 2013,
highlight the many challenges still to be fulfilled."
According to the letter, among the 58 countries in the world that retain the
death penalty, Pakistan is one of the only 21 countries reportedly carrying out
executions in 2012; with an average of more than 300 yearly sentences, it ranks
among the countries in the world which issue the most death sentences
regardless the current global trend on death penalty, which is "undoubtedly
towards universal abolition."
The HRCP and FIDH said they strongly believed that Pakistan should abolish
death penalty. "First, we believe that the scope of application of the death
penalty remains particularly broad under the Pakistan Penal Code and other
laws. While it comprised only two charges carrying the death penalty at the
time of partition, today there are 27 such charges. These go far beyond the
threshold of 'most serious crimes' stipulated under Article 6 of the ICCPR:
capital punishment in Pakistan is prescribed for offences including blasphemy,
sexual intercourse outside of marriage, kidnapping or abduction, gang-rape,
assault on the modesty of women and the stripping of a woman, smuggling of
drugs, arms trading and sabotage of the railway system."
In addition, the HRCP and they FIDH believed that in the specific context of
the 'fight against terrorism', death penalty was not a solution. "The
Anti-Terrorism Act (ATA), adopted in 1997 with the aim to - provide for the
prevention of terrorism, sectarian violence and for speedy trial of heinous
offences and for matters connected therewith and incidental thereto, -
explicitly overrides several legal provisions and curtails the guarantees of
fair trial, especially in death penalty cases. Those who commit acts of
so-called terrorism should be prosecuted before competent, independent and
impartial courts that meet international due process standards, and should not
be sentenced to death."
The 2 organisations said that the high incidence of crime in the Pakistan -
despite it being among countries with one of the highest rates of conviction to
capital punishment in the world - demonstrated that capital punishment had no
special deterrent effect.
The letter read that studies in several other countries had also shown that
death penalty did not work as a deterrent to crime, and the rising number of
convictions under death penalty offences in countries that retain capital
punishment further proved that point.
"Besides, the current state of the administration of justice in Pakistan
compels the government to maintain the moratorium, as a 1st step towards
abolition. As you well know, capital punishment in Pakistan has been
historically adversely affected by the lack of independence of the judiciary
and the weakness of the police. Torture is routinely used to extract
information or confessions from suspects, illegal detentions are common and
there remains a strong tradition to rely much more on oral evidence than on
material evidence, which lead to false judgements. Lastly, it is very difficult
to have independent witnesses testify, for fear of retaliation. Coercion or
corruption can stem from the police, powerful local families, culprits???
relatives, or even from the victims' party," the letter read.
They said that the generally hierarchical and unfair social structure of
Pakistan inevitably skewed police investigations and judicial proceedings in
favour of the wealthy and influential, especially at the local level. They said
that Pakistani laws had even institutionalised - especially through the Qisas
and Diyat Ordinance of 1990 - discrimination against poorer defendants. "In
cases of murder, the criminal can be forgiven and the death penalty removed if
the family of the victim comes to an agreement with the criminal. This practice
puts a price on human life and serves to ensure that murderers with money will
walk free. The poor, being unable to pay, will receive no amnesty and likely be
sentenced to death. Additionally, many litigants are not given an adequate
defence, as lawyers appointed ex-officio are often paid too little and are too
young and inexperienced to deal with procedures not respecting the minimum fair
trial guarantees."
Furthermore, the HRCP and the FIDH believed that a thorough reform of the
prison system needed to accompany the moratorium in place since 2008. While
death sentences should be commuted to enforceable penalties of life
imprisonment, the condition of detention of current death-row inmates - notably
the long periods of detention and the solitary confinement they face - should
be swiftly improved as it amounted in many cases to cruel, inhuman and
degrading treatment, they said in the letter.
"The pressure of the death penalty stay has affected the mental health of many,
who have over years been given dates for their hanging, only for them to be
successively cancelled. A number of these prisoners have reportedly committed
suicide. Although the number of death-row inmates increased from less than
5,500 in 2005 to more than 8,000 today, prison capacity has not been increased
to hold them."
Taken into consideration that the death penalty contradicts the premise that
human rights and human dignity are universally-acknowledged fundamental norms,
and that its application will not lead to an improvement of the situation of
law and order in Pakistan, the HRCP and the FIDH recommend the government of
Pakistan to:
On the death penalty:
-- Maintain the moratorium on executions, and seriously consider moving
towards the abolition of the death penalty; in addition, become party to the
Second Optional Protocol to the ICCPR aiming at the abolition of the death
penalty.
-- Approve the proposal made by the Federal Cabinet on July 2, 2008, to
commute death sentences to enforceable penalties of life imprisonment, and
follow on the previous Government's plan to table a bill in Parliament to
commute death sentences to life imprisonment, as reiterated in a petition
pending before the Supreme Court of Pakistan.
-- In the interim, restrict the number of offences carrying the death sentence
to the most serious crimes only, as reflected in the ICCPR and in conformity
with paragraph 2 of the UN Safeguards Guaranteeing the Protection of the Rights
of Those Facing the Death Penalty.
-- Guarantee transparency of data collection regarding death penalty in the
country, and make public statistics on the number of death sentences pronounced
and executed every year, differentiated by gender, age, charges etc, in order
to allow for an informed public debate on the issue.
-- When all judicial appeals are exhausted, ensure that mercy petitions
addressed by defendants to the President of Pakistan are accepted.
-- Develop programmes aiming at raising public awareness regarding the
relation between human rights and the death penalty.
On the administration of justice:
-- Repeal the Qisas and Diyat Ordinance of 1990.
-- Set up efficient mechanisms to combat corruption within the police and the
judiciary; and establish effective and independent complaint mechanisms.
-- Strengthen police investigations, in particular through material and
forensic information collection; ensure proper training in those fields; and,
more generally, increase budgetary allocations for the police, justice and
prison systems.
-- Establish a programme for the protection of victims and witnesses taking
part in criminal procedures.
-- Guarantee accessibility of members of civil society to prisons and ensure
contacts with death-sentenced prisoners. We would be happy to discuss these
issues with you at your convenience, and remain at your disposal for any
question or clarification.
(soure: The Daily Times)
INDONESIA:
Tony Abbott welcomed to Indonesia by President Susilo Bambang Yudhoyono
Indonesian President Susilo Bambang Yudhoyono says his country and Australia
are both "victims" of people smugglers and boat people as he announced a
special summit would be held to find a "new type of co-operation".
Prime Minister Tony Abbott and his wife Margie were welcomed with a 19-gun
salute and had their portraits displayed on the streets of Jakarta as Mr Abbott
began his first overseas trip since winning the election.
Mr Abbott said their talks on people smuggling were "candid, constructive and
collegial" and it was an issue of sovereignty for Australia.
"We are resolved together, united, to tackle this problem and to beat it - on
land and at sea and at the borders of our countries. We are determined to end
this scourge which is not just an affront to our two countries but which has so
often become a humanitarian disaster in the seas between our 2 countries," he
said.
Dr Yudhoyono said boat people caused a social and economic burden for
Indonesia.
"Australia and Indonesia, we both are countries that have become victims. We
have become victims of these acts of people smuggling," he said after their
talks.
Both leaders said the special forum wold include ministers to work out details.
There was no public mention of Indonesia's concern in past days about
Australia's controversial plans to turn back boats or to buy Indonesian boats.
Mr Abbott said Indonesia was Australia's largest and most important neighbor as
he announced Melbourne will be the home to a new Australian Centre for
Indonesia Studies to deepen links between the 2 countries.
The Centre's headquarters will be at Monash University, with nodes at the
Australian National University and the University of Melbourne. The CSIRO and
the Victorian Government will be partners.
Earlier Mr Abbott visited the Kalibata Heroes military cemetery in Jakarta to
lay a wreath.
Mr Abbott said choosing to make his 1st trip to Indonesia showed that he
believed in many respects it was Australia's most important relationship.
Mr Abbott and Dr Yudhoyono and senior ministers were meeting for talks which
are expected to cover a range of issues including asylum seekers, education,
trade, investment, live cattle exports and a request for Indonesia not to carry
out the death penalty on two members of the Bali 9 convicted for drug
smuggling.
(source: The News)
TANZANIA:
Case against death penalty adjourned to October 9
The case objecting to the death penalty that has been dragging at the High
Court for 6 years has been adjourned to October 9 because judges handling it
had other matters to attend to.
The case is scheduled to be heard on September 25 when points of preliminary
objection raised by the Attorney General against the matter will be heard by a
panel of 3 judges. This is according to Tanzanian laws on dealing with
Constitution matters.
Judges assigned for the case are Madam Judges Sheik and Mruke as well as Judge
Bongole.
On October 10, 2008, the Legal and Human Rights Centre (LHRC), in collaboration
with the Tanganyika Law Society (TLS) and the SAHRINGON Tanzania Chapter filed
the case at the High Court. They were challenging the imposition of Capital
punishment in the country.
In their petition, the 3 Civil Service Organizations (CSOs) called upon the
government to scrap the death penalty from the country's books because, they
contended, it was denying one's right to life.
Instead, they suggested that persons convicted of murder should be sentenced to
life imprisonment to enable them reform.
Tanzania still retains the capital punishment in its books, but the last time
anyone was hanged was in 1994. The capital punishment in Tanzania is imposed on
capital offences such as murder, treason and some military related ones.
The case will come up a day before the World Anti-death Penalty Day on October
10, 2013 whose theme this year is: 'Stop Crime, Not Lives, Abolish the Death
Penalty Now.'
(source: IPP Media)
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