postings to this listserve will resume on Sunday, Oct. 13
Oct. 10
CANADA:
Silence From Conservatives on World Day Against the Death Penalty
Within days of my appointment as Justice spokesperson for the Liberal Party of
Canada, the Conservative attack and propaganda machine launched a fundraising
letter "welcoming" me to my new position and kindly providing me with a
subsidiary title: "Trudeau's chief soft on crime spokesman."
For the record: I am not soft on crime. However, agreeing with the so called
Conservative crime agenda would arguably make me "dumb on crime." I will gladly
concede the latter to my opponents as I value facts, evidence and truth. Then
again, being accused of being soft on crime by a government with multiple
ongoing investigations by the RCMP and Elections Canada for various ethics
violations, is a bit rich.
Since 2006, the Conservatives have launched a wholesale attack on Canada's
Criminal Code. Compliant backbench MPs submit private members' bills claiming
to "fight this or that" or "combatting such and such," or suggesting they are
"standing up for so and so." It is the illusion of doing something when they
are in fact doing little -- raising money is the real goal.
These Conservative bills rarely tackle major issues and sometimes duplicate
already existing criminal offences. One wonders though, if any Conservative
backbench MP will propose a bill calling for mandatory minimums for election
fraud.
The Conservative Party of Canada is less concerned about actually "tackling
crime" or "fighting for victims" than they are about using slogans as marketing
techniques to raise money.
And while today we mark World Day Against The Death Penalty -- it will be
greeted with silence from official Conservative Ottawa. There will be no
fundraising letter on this issue.
Although most countries in the world have moved away from this form of
state-sanctioned punishment, hope lingers among some Conservatives in Canada
that one day the death penalty will return. After all, the current Justice
Minister once supported the death penalty -- saying "the option should be
there." It is not clear how he feels about the matter today.
I am against the death penalty. I believe there is an inherent value to the
human being. This extends even to those whose actions against others are
repulsive and result in pain and suffering for victims and their families. That
is why the justice system must be firm, tough and consistent when it comes to
violent criminals.
Moreover, we know the justice system is not perfect. We have far too many
examples of people who have been wrongly convicted, only to be found innocent
later. The death penalty is final; there is no appeal when you are dead --
despite the discovery later, perhaps, of new evidence.
Today, I join with millions of people across the globe as we mark World Day
Against The Death Penalty. The taking of one's life, as a remedy for the
criminal behaviour of another, is not justified or permissible in Canada, nor
should it be. This position may very well result in more accusations of being
"soft" on crime, but in those moments I am simply obliged, as they say, to
consider the source.
(source: Sean Casey QC, MP, is the Liberal Member of Parliament for
Charlottetown, and Liberal Party of Canada spokesperson for Justice Issues;
Huffington Post)
GAZA:
Gaza protesters demand death penalty as anti-NGOs meet
Death penalty supporters protested in the Gaza Strip on Wednesday outside a
conference calling for its abolition, days after Hamas hanged a convicted
murderer.
Relatives of murder victims held aloft pictures of their loved ones, demanding
the execution of imprisoned suspects, while human rights groups in the coastal
territory marked World Day against the Death Penalty.
"The death penalty is Islamic law - implement it against all criminals," one
banner read.
On October 2, Hamas hanged Hani Abu Aliyan, a 28-year-old who had been
convicted for murder.
"The death penalty is fair, it's a balanced outcome," said Shayma Tilbani, 17,
whose brother was killed at his home in an attempted burglary in August.
"The NGOs want to stop the criminals getting executed, but even life in prison
is not the right punishment. We want a punishment based on the Quran," she told
AFP.
Mohammed Shurab, spokesman for Gaza's "Families of the Victims" movement, urged
"the government in Gaza led by (prime minister) Ismail Haniya to continue
carrying out the death sentence against those who are killing our sons."
But speakers at the conference said the death penalty went against both
international humanitarian law and the principles of Islam.
"Islam doesn't allow the death penalty or the killing of anyone," said Suleiman
Awda, a lecturer in Islamic law at Gaza's Al-Azhar University.
"It is a religion of forgiveness."
UN human rights delegate Pradeep Wagle expressed concern over Hamas' use of
capital punishment, warning in particular of the dangers of mistakenly
sentencing a suspect.
"Human failure is always possible irrespective of how developed a justice
system is and there is always the possibility of executing innocent people in
any justice system," he said.
Saeed al-Madhun, from the UN High Commissioner for Human Rights, warned it was
"not possible to correct a mistake... There's no going back once the death
penalty has been carried out."
Last week's hanging was the 1st time since July 2012 that Hamas has carried out
capital punishment for murder.
But on June 22, the Islamist movement hanged two men accused of collaborating
with Israel.
Under Palestinian law, collaboration with Israel, murder and drug trafficking
are all punishable by death.
Hamas has executed 17 people since taking over Gaza in 2007, according to the
Palestinian Center for Human Rights.
(source: Agence France-Presse)
***********************
Supporters, opponents of death penalty wrangle in Gaza; Protesters say that
capital punishment is part of Islamic law; NGO speakers say it goes against
Islamic and international norms
Death penalty supporters in the Gaza Strip rallied Wednesday outside a
conference marking the World Day Against the Death Penalty, just days after the
most recent execution in the Hamas-ruled coastal enclave.
"The death penalty is fair; it's a balanced outcome," Shayma Tilbani, 17, was
quoted in an AFP news agency report as saying. 'The NGOs want to stop the
criminals getting executed, but even life in prison is not the right
punishment. We want a punishment based on the Koran."
Tilbani's brother was killed at his home in an attempted burglary in August,
the report said.
Protesters, including relatives of murder victims, gathered outside the
conference holding aloft posters with pictures of murdered family members and
slogans promoting the death penalty.
"The death penalty is Islamic law - implement it against all criminals," one
sign reportedly read.
Speakers at the conference countered that the death penalty goes against both
international humanitarian law and Islamic law.
"Islam doesn't allow the death penalty or the killing of anyone," Suleiman
Awda, a lecturer in Islamic law at Gaza's Al-Azhar University, was quoted as
saying. "It is a religion of forgiveness."
UN human rights delegate Pradeep Wagle warned of the dangers of executing
people wrongly convicted of crimes.
"Human failure is always possible irrespective of how developed a justice
system is and there is always the possibility of executing innocent people in
any justice system," he reportedly said.
Last Wednesday, Hamas, the ruling authority in the Gaza Strip, hanged Hani Abu
Aliyan, 28, who was convicted of murders he had committed as a minor.
In May 2010, Abu Aliyan was sentenced separately for killings carried out in
2000 - when he was still a minor - and in 2009, in the latter case for
"involuntary murder," and received a life term for each crime, Human Rights
Watch said. The prosecutor's office appealed the sentences as too lenient, and
an appeals court imposed the death penalty in both cases in September. Gaza's
highest court upheld the decision in July.
In August, Human Rights Watch campaigned for Hamas to stay all its planned
executions, including Abu Aliyan's, alleging that Gaza's justice system is
deeply flawed and that prisoners were executed in the past despite unfair
trials based on forced confessions and violations of basic rights.
"Imposing the death penalty for a crime committed by a child makes the
executions under Gaza's abusive justice system especially atrocious," said Joe
Stork, acting Middle East director at Human Rights Watch.
UN High Commissioner for Human Rights Navi Pillay echoed that sentiment in
comments she made in August condemning executions in Gaza.
"One absolute requirement is that the death penalty can only be imposed after a
fair trial. This is currently not possible in Gaza, neither legally nor
practically," Pillay said in a statement.
Abu Aliyan's execution was publicly condemned by the European Union missions in
Jerusalem and Ramallah as well as by the Palestinian Center for Human Rights.
Hamas has executed 17 people since taking over the Gaza Strip in 2007,
according to the PCHR. Last week marked the 1st time somebody has been executed
for murder since July 2012. However, in June, two men were executed for
"collaborating" with Israel.
(source: The Times of Israel)
IRAQ----executions
Iraq executes 42 'terrorism' convicts in a week
Iraq has executed 42 "terrorism" convicts over the past week, the justice
minister said on Thursday, defying condemnation of its extensive use of the
death penalty as violence intensifies.
"In the course of the past week, the ministry has carried out the death
sentences handed down against 42 people, one of them a woman, who were all
convicted of terrorism offences, in accordance with Article 4 of the
anti-terrorism law," Hassan al-Shammari said.
The latest executions take to at least 132 the number of people who have been
put to death in Iraq this year, according to an AFP tally based on reports from
the justice ministry and officials.
Iraq executed 23 people on two days in September, 20 of them convicted on
terrorism charges, the ministry said on October 1.
The growing resort to the death penalty comes as violence in Iraq has reached a
level not seen since 2008, when the country was just emerging from a brutal
sectarian conflict.
More than 230 people have been killed so far this month, and more than 4,900
since the beginning of the year, according to AFP figures based on security and
medical sources.
But the executions, which in Iraq are usually carried out by hanging, have
drawn widespread condemnation from the European Union, the United Nations and
human rights watchdogs.
UN human rights chief Navi Pillay said this year that Iraq's criminal justice
system was "not functioning adequately".
She highlighted "numerous convictions based on confessions obtained under
torture and ill-treatment, a weak judiciary and trial proceedings that fall
short of international standards."
"The application of the death penalty in these circumstances is unconscionable,
as any miscarriage of justice as a result of capital punishment cannot be
undone," Pillay said.
But the justice minister insisted that the executions were only carried out
after an exhaustive legal process.
"The death sentences handed down against those condemned were the object of
multiple appeals... to make sure of the soundness of the convictions," the
minister said.
Those executed were found guilty of involvement in "terrorism crimes that
caused the deaths of several dozen innocent civilians, beyond the crimes of
seeking to destabilise the country, spread anarchy and sow terror among the
public."
(source: Agence France-Presse)
***********************
Iraq courts sentence 42 terror suspects to death penalty in 1 week
The death penalty has been taken out on 42 people convicted of terrorism during
the past week in Iraq, its Ministry of Justice said on Thursday.
One woman is among those who have received the sentence, carried out upon "the
approval of the presidency and according to a 'peremptory challenge',"
according to a ministry statement.
"The death sentences taken out on the convicts have been appealed several times
by the Court of Cassation in order to assess the accuracy of these sentences
categorically," Justice Minister Hassan Al-Shemmeri was quoted as saying.
Those sentenced, he described as "criminals", are convicted of "terrorist
activities that killed dozens of innocent people and other crimes aimed at
destabilising the security and stability of the nation, and causing chaos and
fear," he concluded.
(source: KUNA)
CAMBODIA:
Where Cambodia can lead
On this 10th of October, citizens of the world will acknowledge the progress
made globally in human dignity and civilisation by celebrating the 11th World
Day against the Death Penalty.
The death penalty undermines human dignity and is irreconcilable with human
rights, in particular the most sacred of all human rights: the right to life.
The death penalty invariably entails cruel, inhuman and degrading treatment in
violation of international law. The death penalty fails to provide deterrence
to criminal behaviour, and its application is marred with opacity, inequity and
discrimination. Any miscarriage of justice - inevitable in any legal system -
is irreversible.
It is therefore encouraging that the global trend towards abolition continues
to be positive. Over the last 20 years, the number of countries that have
abolished the death penalty by law for all crimes has grown from 55 to 97.
Today, more than 150 countries - more than 2/3 of the countries of the world -
have abolished the death penalty or do not practice it. The United Nations
General Assembly adopted for the 4th time last December a resolution on
moratoriums on the use of the death penalty, aiming to abolish it, once again
with an increased number of states voting in favour, including Cambodia.
But we cannot sit content with the progress. There are, also, worrying
developments. Several states have resumed executions, including states with
long-standing de facto moratoriums; others have reintroduced the use of the
death penalty or extended its scope in their legislation.
It is in such context that the voice against the death penalty should always be
stronger.
"It is crucial that leaders champion abolition, and encourage their neighbours
and allies to follow the same path. Even though the great majority of states no
longer apply the death penalty, this majority does not speak with a
sufficiently strong and united voice," UN High Commissioner for Human Rights
Navi Pillay stressed at the 5th World Congress against the Death Penalty last
June.
The Kingdom of Cambodia continues to be an example in the fight against the
death penalty and can be legitimately proud of the way it has drawn on lessons
from the past and became a respected regional abolitionist, both by law and by
conviction. Cambodia is a country of deep civilisation and culture. It is 1 of
only 2 countries to have abolished capital punishment in ASEAN and has the
longest continuous period of abolition, having banned the death penalty for all
crimes in 1989.
As such, the kingdom sets an example to the whole region. In recent years, the
Royal Government of Cambodia has repeatedly reaffirmed its commitment to the
abolition of the death penalty by consistently voting in favour of the 4 UN
General Assembly resolutions on a moratorium on the use of the death penalty in
2007, 2008, 2010 and December 2012.
Both the European Union and the UN Office of the High Commissioner for Human
Rights would like to strongly commend Cambodia for this. We would also welcome
Cambodia entrenching its stand against the death penalty, regionally and
internationally, by becoming party to the Second Optional Protocol to the
International Covenant on Civil and Political Rights, on the permanent
abolition of the death penalty.
The EU holds a strong and principled position against the death penalty and its
abolition worldwide represents one of the main objectives of its human rights
policy. The EU High Representative for Foreign Affairs and Security Policy and
Vice President of the European Commission Catherine Ashton declared in a speech
in the European Parliament: "Looking ahead, I want to see what more we can do
to support the abolition of the death penalty world-wide. I want to assure this
house that work on abolishing the death penalty is a personal priority for me.
And I will see to it that work advances both bilaterally and in multi-lateral
fora, beginning with the UN in September."
Worldwide, the EU joins forces with other international organisations and
multilateral bodies active in promoting the abolition of the death penalty, in
particular the UN system. Both jointly and separately, the UN and the EU
support efforts to restrict the use of, to establish a moratorium on, and to
permanently abolish of the death penalty.
ASEAN countries regrettably maintain divergent policies when it comes to the
death penalty. Half of its members have abolished it, either in law - Cambodia
and the Philippines - or in practice - Myanmar, Laos and Brunei. But the other
half is still retentionist, even though Singapore among them recently observed
a short moratorium before introducing some restrictions on the use of the death
penalty. More than ever, the EU and the Office of the UN High Commissioner for
Human Rights in Cambodia reiterate their appreciation for Cambodia's support
for a global moratorium. We encourage the kingdom to be a leader in working
towards a regional moratorium on the death penalty at ASEAN level.
(source: Jean-Francois Cautain is the ambassador of the European Union to
Cambodia. Wan-Hea Lee is the United Nations High Commissioner for Human Rights
representative in Cambodia; Opinion, Phnon Penh Post)
AUSTRALIA:
Parramatta vigil against death penalty
A candlelight vigil to mark World Day Against the Death Penalty will be held
outside Parramatta Town Hall this Saturday.
Convenor of Amnesty Parramatta Bela Moore said the initiative is to voice
opposition against the 21 countries that still use this form of punishment and
raise awareness of the 23,000 people currently on death row around the world
including two Australians in Indonesia.
"The death penalty is an inhumane practice that should be abolished. The more
people that stand up and are counted on the issue, the more likely we will be
heard and action will be taken," Ms Moore said.
The event is just one of many by Amnesty International to abolish the death
penalty, and Moore said the day will feature live music and art.
"It should be an informative and entertaining day in which the community can
get involved with their local Amnesty groups and learn more about human rights
and the death penalty."
Details: October 12, 11-2pm, 182 Church Street, Parramatta, NSW (outside
Parramatta Town Hall), amnesty.org.au/nsw/event/32759/
(source: Parramatta Sun)
CHINA:
Death penalty in China linked to social inequality, say critics; Beijing has
made some strides in reforming how death penalty gets meted out, but experts
say more transparency is needed in system
Early on the morning of September 25, representatives from a Shenyang court in
Liaoning province went to the home of Zhang Jing with news her husband, Xia
Junfeng, would be executed in a few hours. She should go to the detention
centre to say her good-byes, they said.
Xia, who sold roasted sausages and other snacks on the street after losing his
factory job, was convicted of "intentional homicide" in the stabbing death of 2
urban management officers in 2009 after they beat him. He insists he acted in
self-defence.
Despite a long review of his case by the Supreme People's Court, the death
sentence was upheld. "As long as there is still one person back at my home,
tell them not to give up appealing for me," Xia said in his last words to his
wife, she later told the South China Morning Post.
Xia wanted to have a final photo taken with his family, but officials refused.
"How could you be so cruel?" Zhang said on her microblog.
Gu Kailai , 53-year-old daughter of a Communist Party elder, was also convicted
of "intentional homicide". She poured rat poison and cyanide mixed in water
down the throat of drunken British businessman Neil Heywood in a room at the
Lucky Holiday Hotel on November 14, 2011, in Chongqing , where Gu's husband, Bo
Xilai served as party boss.
She received a suspended death sentence last year, and could be released from
jail after serving nine years, on the grounds of medical parole, according to
the Dui Hua Foundation, a US-based group that pushes for human rights and legal
reforms on the mainland.
Today is "World Day Against the Death Penalty", an initiative launched in 2002
by an alliance of more than 145 non-governmental groups aiming to get rid of
capital punishment. While the mainland has taken significant steps in recent
years to limit the number of people its courts sentence to death, observers
agree a ban is a long way off. Judicial officials often say the concept of "a
life for a life" remains ingrained in society, and the nation is at a stage of
development where the death penalty is necessary as a deterrent.
There are key differences between the cases of Xia and Gu, her mental health
was taken into account by the court for instance, but they help to illustrate
what lawyers and activists say is an unfair application of capital punishment
on the mainland.
Mao Lixin, a Beijing-based criminal lawyer, said capital punishment was linked
to social inequality. Defendants lower on the economic ladder often lacked the
resources to hire the legal assistance they deserved, Mao said. "Xia's case is
a classic example [of this] when compared to that of Gu," he said.
Rights lawyer Liu Xiaoyuan agreed. "In cases like Xia's, a suspended death
penalty is more than enough, but he was nevertheless given a harsh sentence,"
Liu said. "It seems the sentence is most often imposed for violent crimes,
especially in cases where civilians have clashed with the government or where
law enforcement officers were attacked."
When it comes to corrupt officials, the courts have often taken a different
approach. In July, former railway minister Liu Zhijun was found guilty of
taking bribes and other gifts worth 64.6 million yuan (HK$81.6 million) in
addition to helping get 11 people promoted in exchange for favours.
Liu received a suspended death sentence, which could be commuted to life
imprisonment with good behaviour. His term could be subsequently reduced to as
little as 13 years if he is not cited for further lapses.
"The death penalty can be imposed on officials who received bribes worth more
than 100,000 yuan," Liu said. "However, in recent cases, toppled officials,
including Liu who took bribes worth tens of millions of yuan, were not
sentenced to death."
The death penalty can be imposed on officials who received bribes worth more
than 100,000 yuan. In recent cases, toppled officials, including Liu who took
bribes worth tens of millions of yuan, were not sentenced to death.
Rights lawyer Liu Xiaoyuan
His case contrasts with that of former Hunan tycoon Zeng Chengjie, who was
executed by firing squad in July after being found guilty of illegally raising
3.4 billion yuan and defrauding investors.
Currently, 158 countries in the world have abolished or are no longer imposing
the death penalty. China puts to death more people than any other country,
although Iran and Singapore have higher per capita execution rates.
It is impossible to accurately state how many people are being executed on the
mainland every year as the number remains a state secret. The Dui Hua
Foundation estimated there were 4,000 executions in 2011 and 3,000 last year,
using information provided by Professor William Schabas who is an international
criminal law and human rights scholar with honorary professorship at the
Chinese Academy of Social Sciences.
10 years ago, the figure was thought to be as high as 12,000.
"It's hard to say whether 3,000 is an underestimate because no knows the real
figures besides the state," Mao said. "The international community has been
pushing China to disclose statistics over its use of the death penalty," he
said, noting countries such as Vietnam and North Korea also kept death penalty
figures secret.
In recent years, mainland authorities have rolled out measures aimed at
reducing the use of capital punishment, most notably passing a law in 2006 that
required the Supreme People's Court to approve each death sentence. The
government has also shortened the long list of crimes punishable by death, from
68 to 55. But, even if a ban is not likely soon, there are additional reforms
authorities can enact.
"Introducing transparency into the process of capital punishment is the first
step in fostering a national discussion on whether to abolish the death
penalty," Mao said.
Many legal professionals have called for the review procedure to be made more
open, with more detailed rules. At present, there is no time frame within which
a review must take place. Family members are often only notified of the
decision when they are called in to meet the defendant one last time.
The review is also done in an internal meeting, instead of an open hearing. And
while the judges should meet a defence lawyer if asked, that does not always
happen.
One of the strongest arguments against capital punishment is the possibility
that an innocent person would be wrongly put to death. Last month, the Higher
People's Court in Hebei rejected an appeal by Wang Shujin based on his
confession to the rape and murder of a woman, whose body was found in a
cornfield in Shijiazhuang in 1994. Nie Shubin, another Hebei man, was convicted
of the murder and executed in 1995, at age 20.
Disappointed at the ruling, 40 lawyers published an open letter "strongly
condemning" the Hebei court for upholding Wang's death sentence and rejecting
his confession, blocking a possible review of Nie's case.
"The consequences of a wrongful conviction in which a person is put to death
cannot be reversed. This is a factor that will likely sway society against the
death penalty," Mao said.
He urged the government to step up education and establish alternatives to the
death sentence, such as harsher life imprisonment.
(source: South China Morning Post)
BANGLADESH:
Abolish death penalty: EU Tribune Report
9 ambassadors of EU member countries issued a statement to mark World Day
against the Death Penalty The European Union (EU) has urged Bangladesh to take
action to establish a moratorium on executions with a view to abolishing the
death penalty. N9 ambassadors of EU member countries issued a statement to mark
European Day against the Death Penalty and World Day against the Death Penalty
on Thursday.
"The European Union reaffirms its absolute opposition to the use of the death
penalty," the statement said. Referring to the UN General Assembly Resolution
65/206, it said: "All members of the UN including Bangladesh will take the
actions which the resolution calls for, and thereby contribute more to the
development of fundamental rights and human dignity in the world," it said. The
resolution adopted in 2010 is on moratorium on the use of the death penalty.
Signatories of the statement are Swedish Ambassador Anneli Lindahl Kenny,
Italian Ambassador Giorgio Guglielmino, Spanish Ambassador Luis Tejada Chacon,
British High Commissioner Robert Gibson, French Ambassador Michel Trinquier,
Dutch Ambassador Gerben Sjoerd de Jong, German Ambassador Albrecht Conze,
Danish Ambassador Hanne Fugl Eskjaer and EU Ambassador William Hanna.
(source: Dhaka Tribune)
PAKISTAN:
HRCP opposes generalized application of death penalty
Speakers and participants at a seminar organised by the Human Rights Commission
of Pakistan (HRCP) on Thursday unanimously opposed a generalized application of
the death penalty and were also in agreement that in over 2 dozen capital
offences on the statute books the death penalty was not mandated by Islam.
At the day-long seminar in Islamabad on October 10, World Day against the Death
Penalty, entitled 'death penalty in Pakistan: the way forward', speakers from
Pakistan and abroad discussed the various aspects of capital punishment.
Professor Roger Hood, Professor Emeritus of Criminology at the Universityof
Oxford, in his keynote address covered the various aspects application of the
death penalty and the abolitionist movement worldwide.
Maryam Haq Advocate, from Justice Project Pakistan, highlighted the pervasive
miscarriage of justice that those charged with death penalty offences suffered.
Saroop Ijaz Advocate recounted the problems of criminal justice from the
perspective of a defence attorney. Anees Jillani Advocate made the case for the
juveniles though he opposed abolition of the death penalty.
Aslam Khaki Advocate presented the Islamic point of view on the death penalty
and agreed that death penalty death penalty for many offences could be
abolished. Arthur Wilson made the case for justice for reconciliation and
reformation and not for retribution. This was followed by accounts of families
of death row convicts. The participants included legal practitioners, and civil
society organistions??? representatives.
Several speakers called continuation of the moratorium on executions in
Pakistan a welcome step for which the government deserved the praise it was
getting.
Kamran Arif, the HRCP co-chairperson, chaired the event shared his views on the
death penalty and his experience as a lawyer and a rights activist. HRCP
Secretary General I.A. Rehman explained the Commission's commitment to the
right to life for all and the importance for discussing this important subject.
(source: Human Rights Commission of Pakistan)
*************************
SC moved to convert death penalty into imprisonment
A constitutional petition was filed in the Supreme Court (SC) on Wednesday
seeking conversion of 450 prisoners' death penalty into imprisonment by
cancelling their death warrants.
Dr Muhammad Aslam Khaki, advocate of the Supreme Court and jurist consultant of
Federal Shariat Court has filed the petition under Article 184(3) of the
Constitution, making federation, Ministry of Interior as well as four
provincial governments through their home secretaries as respondents.
The petitioner prayed to the court to waive the death penalty of 450 death row
prisoners in Pakistani jails who had gone through rigorous imprisonment for the
years.
He submitted that in 2008, the government without the application or request
from such prisoners suspended the execution and the situation was the same even
today. There was no fault of the prisoners to remain in such an uncertain
situation, he contended.
He submitted that the death prisoners in Pakistan and especially the said 450
prisoners had undergone additional punishment of long rigorous imprisonment and
the torture of death cells and if the death penalty was executed to them, it
would be excess of the punishment. "The said execution of death penalty is
addition to the rigorous imprisonment which would amount to double punishment
and would be against the fundamental rights and laws", the petitioner
contended.
He prayed to the court that the families of these prisoners had been waiting
for the punishment for the last 5 years and consequently had been in deep
physical, mental and psychological torture, therefore, their death penalty
might be converted into imprisonment by cancelling their death warrants.
(source: The News)
*****************
The government must abolish the death penalty and amend the Constitution
accordingly
On October 3, the Government of Pakistan made a move towards respecting human
rights and announced its decision to renew the moratorium on the death penalty.
This decision came in response to a great deal of international pressure from
NGOs and media outlets calling on Pakistan to respect the right to life. The
moratorium had been in place since 2008 when the Pakistan People's Party (PPP)
took office, and expired on June 30, 2013. In an attempt to crackdown on
criminal activity and terrorism, the new leadership under the Pakistan Muslim
League-N (PML-N) was set to begin executions in August of this year.
For the time being, the decision to reinstate the moratorium saves the lives of
over 8,000 inmates currently on death row. This indicates a positive step by
the government to make recognizable changes in regard to protecting human
rights.
The death penalty is often the result of the absence of fair trial an issue
that continues to plague Pakistan. Pakistan cannot even minimally guarantee the
right to fair trial and due process as prescribed under Article 10A of the
Constitution of Pakistan and Article 14 of the International Covenant on Civil
and Political Rights. Even within most countries widely believed to have a fair
trial process, the death penalty has been abolished in light of the possibility
that innocent people could be put to death. It is dangerous to allow the death
penalty to continue under a judicial system that cannot guarantee its people a
fair and impartial trial.
Corruption and bribery still play a significant role in Pakistan and all too
often the wealthy are able to buy their way out of trouble while the poor,
often innocent of the charges they face, are left to their fate. Pakistan
continues to fail to meet the basic requirements of guaranteeing an impartial
trial, adequate legal representation, and independence of the judiciary from
outside influence, including pressure from the government itself.
The Qisas and Diyat Ordinance, which allows for families of victims to accept
'blood money', further muddles the judicial process as criminals with money are
able to pay their way out of crimes such as murder.
In Pakistan, with a shaky and often corrupt trial process, there are 27 crimes
that can qualify one for a life sentence; many of these are excessive and
beyond the acceptable threshold for capital punishment. The definitions of
these crimes are also vague and leave room for interpretation.
The Peoples' Party (PPP) has called on the new government to review the list of
crimes punishable by death which include blasphemy, sex outside of marriage,
smuggling of drugs, and sabotage of the railway system. These crimes extend far
beyond the scope of 'most serious crimes' under which the death penalty can be
awarded according to ICCPR Article 6(2).
To cement its commitment to respecting the lives of its citizens and to keep in
step with international human rights norms, Pakistan must draft formal
legislation abolishing the death penalty in all cases. In 2008, the government
made an attempt to do this, but settled for a moratorium due to political
opposition to the move.
A temporary stay of the death penalty is a laudable step but not enough to
fortify Pakistan's position as an advocate and supporter of international human
rights.
Should Pakistan resume executions which are usually carried out by hanging, it
will face serious economic repercussions, especially in regards to free trade
agreements with the EU under the Generalized Scheme of Preferences, which
allows developing economies access to European markets tariff-free. GSP is only
granted to countries that ratify and implement international human rights and
labour standards, among others. It is not given to any country that continues
to allow the death penalty.
The Asian Human Rights Commission urges Pakistan to abolish the death sentence
and amend the Constitution according to international norms and standards under
Article 6 of the UN ICCPR which recognises the individual's "inherent right to
life" and requires it to be protected by law.
The government must also commute its current death sentence cases to sentences
of life imprisonment. It is degrading for current death-row prisoners to
continually face uncertainty regarding their fate. The death penalty directly
contradicts the second protocol of the ICCPR and violates the Right to Life as
prescribed in the Universal Declaration of Human Rights. Killing prisoners will
only serve to perpetuate violence and increases the risk of retaliation by
militant groups and religious fundamentalists.
(source: Asian Human Rights Commission)
***************************
SIC urges govt to implement death penalty
HAFIZABAD-Sunni Ittehad Council President Maulana Badaruz Zaman Tarar has
warned that if capital punishment was not restored, the rulers would face the
wrath of Almighty Allah and the Muslims.
Addressing a press conference, he said that the people of Pakistan would not
allow any government to make rules against Islamic injunctions to please their
masters. He regretted the government decision to continue moratorium on the
implementation of death penalty and termed it violation of Islamic law and the
Constitution of Pakistan. He demanded withdrawal of the decision otherwise the
SIT would give tough time to the government.
EID PLAN: Measures have been taken to maintain peace in the district during
Eidul Azha days, said DCO Mansoor Qadir and DPO Muhammad Zubair Drashak.
Addressing the District Peace Committee which was attended by Ulema and
notables of the area, they asked the attendees to play their role to maintain
brotherly and peaceful atmosphere. The DPO said that adequate cops would be
deputed at all the Eidgahs and patrolling by the police had been intensified to
prevent any terrorist activity. He called upon them to shun their petty
differences and keep their vigilant eye on the disruptive elements.
Later, they also addressed the meeting of interfaith harmony and said that
foolproof security arrangements had been made around all the mosques and
churches and Christian localities for their protection (source: The Nation)
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