Oct. 18
PAKISTAN:
Pakistan Christians Facing Death Penalty; Detentions come amid concerns over
attacks against Churches and other Christian sites in heavily Islamic Pakistan.
3 Pakistani Christians are facing a possible death sentence on what a lawyer
says are "trumped up charges" of "blasphemy" against Islam, while other
Christians are reportedly forced to become Muslims.
Among those detained is Asif Pervaiz who was arrested in the city of Lahore on
October 2 after allegedly sending mobile phone text messages with "abusive
language against Muslims, Islam, Prophet Mohammed and the Koran," said lawyer
Sardar Mushtaq Gill, who is involved in the case.
"The defendant claims his 'sim' card", which operates the phone, was taken and
misused by some colleagues who had some disputes with him."
Prosecutors reportedly said they have strong evidence against the Christian.
Yet, "I believe his innocence can be proven if the investigation is fair by
just checking the location from where the sim card was used," added Gill, who
is also director of advocacy group Legal Evangelical Association Development
(LEAD).
CHRISTIANS IDENTIFIED
2 other Christians, identified as Pastor Adnan and Mushtaq Masih, the owner of
the New Diamond Glass Shop in Lahore, were also behind bars Wednesday, October
17, for allegedly writing "derogatory remarks" about Islam.
"The remarks were allegedly written between texts in a book about Islam in the
shop. But I believe we can prove the defendants were not responsible for those
making these filthy remarks."
Security forces are also searching for the pastor's brother, Arfan Masih, and
briefly detained a man with a similar name, Gill told BosNewsLife. "They raided
the house of Arfan Amin. We could help him to be freed after proving he wasn't
the person they were searching for," the lawyer explained.
He said in all cases the Christians are falsely charged with violating the most
sensitive articles of Pakistan's controversial blasphemy legislation, "which
can mean they faith death bu hanging."
Additionally, devoted Christians have been targeted by Muslim militants, Gill
explained.
GUNMEN THREATEN
"Days back we received some heart breaking information that there is one group
who forced Christians to accept Islam at gun point." No more details were
immediately available but the gunmen were reportedly detained.
Gill said LEAD had urged prayers for persecuted Christians in Pakistan, amid
mounting concern about rising extremism in this heavily Islamic nation.
Earlier this week, a Pakistani Christian family said it was hiding after
allegedly receiving death threats for protesting against twin suicide attacks
at a historic church in the violence-plagued city of Peshawar, in which their
friends were killed.
In total at least 171 people died and some 150 people were believed to have
been injured in the September blasts at Peshawar's All Saints Church.
(source: BosNewsLife, the 1st truly independent news agency covering persecuted
Christians, is 'Breaking the News for Compassionate Professionals' since 2004).
INDONESIA:
3 locals lose appeal against death penalty
3 local men lost in their appeal against the death penalty for killing a
7-Eleven convenience store sale assistant in Penampang when the Federal Court
here upheld their sentence yesterday.
Tan Sri Md Raus Sharif, who sat together with Tan Sri Seri Zulkefli Ahmad, Tan
Sri Richard Malanjum, Tan Sri Abdull Hamid Embong and Dato' Jeffrey Tan Kok Wha
unanimously affirmed the death sentence imposed on Duis Akim, 41, Vincent
Gisup, 41, and Hendry Motutud, 35, by the Court of Appeal on January 11, 2012.
In their reserved judgement, the judges held that the defence had failed to
cast doubt on the prosecution's case.
Further in dismissing the appeal, they were satisfied that the PW1 (prosecution
witness 1) had positively identified the appellants who entered the store of
the shop.
They ruled that as to the defence alibi raised by Duis and Vincent it could not
revive against the positive identification by PW1 and therefore their defence
of alibi collapsed.
They also said that Hendry did not serve any notice of alibi and his defence
became bare denial.
The judges held that the defence???s alibi could not be accepted as the truth
without considering other factors, the issue as to the positive question of the
time did not necessary mean the appellants were not at the vicinity of the
shop.
They then said there were evidence to show conflicting of time as to what time
Duis and Vincent reached home and such conflicting of time could not stand on
the following reasons, among others; DW1 (defence witness 1) opened the door of
their house, there was no indication that she has to be at the door, the
appellants did not know who was at the door but saw the television was still
on, DW2 had selected memories and she could not remember the time but agreed
her bed time was 11pm to midnight.
Duis from Tamparuli, Vincent from Tuaran and Hendry from Pitas were accused of
murdering Wilfred Thomas, 23, at the 24-hour outlet of 7-Eleven convenience
store at Donggongon in Penampang about 2am on May 26, 2001.
They were convicted under Section 302 of the Penal Code which carries the death
penalty by hanging upon conviction.
The appellants looked calm in the dock when the judgement was delivered by
Malanjum.
However, soon after the court adjourned, as they were brought out of the dock,
their family members as well as the appellants started to cry loudly and
hugging each other.
One of the appellants is married. The trio escaped the gallows on July 10,
2007, about six years ago, at the High Court here.
Then the prosecution appealed against their acquittal and the Court of Appeal
had reversed the High Court's decision and convicted them.
During the trial, the prosecution had called 18 witnesses to testify against
Duis, Vincent and Hendry, who were at that time defended by counsel Yunof
Maringking and Datuk Chau Chin Tang, respectively.
The 3 appellants were then ordered to enter their defence after the prosecution
had proven a prima facie case against them. The defence had called 5 witnesses.
For this appeal, Duis was represented by counsel Ram Singh while Vincent and
Hendry were represented by counsel Maringking and Yong Pei Yii, respectively.
Deputy public prosecutor Afzan Abd Kahar appeared for the respondent.
(source: TheBorneo Post)
NIGERIA:
Oshiomhole Signs Death Penalty Law For Kidnapping
Edo state governor, Comrade Adams Oshiomhole has signed into law, the bill
which prescribes death penalty to kidnappers.
The law which is an amendment of the Edo state kidnapping law also prescribes
that any premises used by kidnappers will be demolished.
Governor Oshiomhole has recently been in a dilemma on whether the death penalty
should apply to kidnappers who commit murder during the act and those who do
not. Today, he declared that the death penalty applies to all acts of
kidnapping whether it involved murder or not, while calling on youths to desist
from the criminality as an excuse for unemployment.
Some of the suspects paraded by the Police in Edo state earlier this week may
face the death penalty if found guilty of the crime courtesy of the Bill just
signed into law by the governor.
The Governor appealed to parents and guardians to be wary of the activities of
their wards as criminality should not be an excuse for unemployment. The
governor also assured that no special tribunals will be set up to try cases of
kidnapping, as that is a feature of the military era. This he said to relieve
concerns over the slow judicial system in Nigeria.
It will be recalled that Human Rights lawyer, Mike Ozekhome (SAN) urged
government to grant amnesty to kidnappers, after being a victims of these
kidnappers whiule on his way to his home country in Edo state.
(source: cahnnelstv.com)
SOUTH AFRICA:
The Death Penalty - A resounding No
The Constitutional Court declared the death penalty unconstitutional.
Discussing the death penalty has no value because it cannot be reinstated
without changing the constitution. I am not going to discuss the merits of the
death penalty for or against.
Personally I would rather see the perpetrators of violence and crime live long
healthy lives in cages. The basic premise of any protest is to make some noise
and make themselves heard. Rainbow November will make some noise, but politely.
We are not looking at throwing rocks or forcing our views on others, The
protest is to affect change in our justice system ensuring justice is served
for the victims of crime.
My view is that our protest should offer a solution not just be a blip on the
radar. Too many protests lose their way by breaking the contract of civility.
The audience goes against the protestors because they are seen to be "violent
thugs" and not at all civilly responsible.
The shoes in the park protests must be peaceful, There must be no hint of
impropriety or lack of discipline. The protestors should peacefully enter the
venues chosen, place the memorial shoes in the area chosen. and enjoy a picnic
or just chat to some of their neighbours.
Every area needs a representative that will be tasked with handing the
memorandum to a local government representative.
Sentencing as it currently stands is left to the individual magistrates or
judges discretion, This is why we see ludicrous judgements like the paedophile
in Nelspruit that was given a suspended sentence for a 2nd offence because "he
did not harm" his victims. A Baby killer gets a sentence of 5 years because the
judge used his discretion.
Minimum sentences not maximum sentences is the answer to this conundrum.
Mandatory minimum sentences should be enforced for all crimes with an element
of violence. No 2nd chances, no 2 strikes just a minimum mandatory sentence. If
a criminal is found guilty of a crime like rape, paedophillia, murder or any
crime involving a weapon a minimum sentence of life with no parole should be
mandatory, not optional, Don't give the judges any discretion in these matters.
Is there someone out there capable of crafting a memorandum that will cover
these issues. Just look for Rainbow November on facebook and join, Offer your
services. Remember we also need local volunteers in all towns, villages and
suburbs throughout the country.
Volunteers will be requested to identify a park for the protest, Carry the
memorandum and hand it to a local government representative. Invite all of
South Africa to join us in this endeavour.
(source: News24.com)
IRAN:
Iranians Arrested for Homosexuality Face Death Penality, as Regime Commits to
Hanging Convict for 2nd Time
Iran executes more people annually than any country except for China. Since the
election of Iranian president Hassan Rouhani Iran has maintained a pace of
executions set to match last year's total of roughly 500. A recent column in
the Washington Post noted that while Rouhani was at the United Nations General
Assembly "more than 30 Iranians were reportedly executed without due process of
law."
Now reports are emerging that a recent raid which saw Iranian authorities round
up "a network of homosexuals and Satanists" may result in another wave of
executions:
Further details remain murky. Nikmaram said his group did not know exactly how
many people would be charged following the Oct. 9 raid by forces associated
with the Revolutionary Guard, nor what they would be charged with. Charges of
homosexual relations could carry the death penalty. To make matters more
complicated, it also remains unclear if those detained were gay or not...
Nikmaram expressed concern that those arrested may be forced under torture to
say they are gay, which could condemn them to death. "We are extremely worried
that some of the detainees might have been forced, under torture (both physical
and mental), to confess they are gay," Nikmaram said.
(source: Tower.org)
**************************
Convicts Who Survive Executions Are Not Executed Again, Says Lawyer |
International Campaign for Human Rights in Iran
Farideh Gheirat: "According to Sharia, if someone survives an execution, he
will not be executed again, and as far as I know no one has been executed
again."
One day after sweeping news of the unsuccessful execution of a convict who was
hanged on Wednesday, October 16 but who was discovered alive at the morgue when
his family came to take his body for burial, the hospitalized convict's fate
remains ambiguous. A judge from the Administrative Justice Court has stated
that "The issued ruling from the Revolutionary Court was a death sentence and
the essence of the ruling is clear. In such cases, the death sentence will be
carried out again after the convict's health improves."
However, in an interview with the International Campaign for Human Rights in
Iran, lawyer Farideh Gheirats said that, "According to Sharia Law, if someone
survives an execution, he will not be executed again, and as far as I know, no
one has been executed again. We must not only take one judge's opinion into
consideration about this. Nothing definitive has been announced about this and
we will have to wait."
"Throughout history, it has happened many times that the noose tore, for
example, or other things happened and the person who was about to be executed
survived and was not executed again. We must now wait to see the Judiciary's
definitive decision about this case," said Gheirats.
According to Mehr News Agency Alireza M. passed away after he struggled with
the noose for 12 minutes and the resident physician confirmed his death. The
"execution report" for his death was confirmed after that and his body was
transferred to the Medical Examiner's Morgue, so that his family could take
possession of it the next day. The next day, before the body was delivered to
the family, however, a morgue employee realized that steam had gathered inside
Alireza M.'s plastic cover, and he was immediately transferred to a hospital.
The drug trafficking convict is currently inside the Intensive Care Unit of
Imam Ali Hospital in Bojnourd and his general health is reported as
"satisfactory."
The International Campaign for Human Rights in Iran and the Iran Human Rights
Documentation Center issued a joint statement on October 8, noting that since
Hassan Rouhani took office a few months ago, at least 125 executions have been
carried out in the country, and dozens of other prisoners have been sentenced
to death, or are on death row at this time.
Only hours after the news was announced, Mohammad Erfan a Judge with the
Administrative Justice Court, stated that the convict would be executed again
in keeping with the essence of the punishment ruled for the convict. "The Penal
[Code] Operations Manual, approved in 2003, has provided explanations in this
area, and the convict's readiness for enforcing the sentence has been
emphasized. About this individual, one of the issues is his having life,
understanding, and awareness when the sentence is carried out, so for a convict
who, for example, is in a coma, his sentence is not enforced. Rather, in such
cases the convict is treated and healed and after a physician trusted by the
Medical Examiner confirms his health, the sentence becomes enforceable," Erfan
added.
Amnesty International published a statement on Wednesday, October 16, demanding
that Iran halt this convict's re-execution, calling his second execution
"horrific." "The horrific prospect of this man facing a 2nd hanging, after
having gone through the whole ordeal already once, merely underlines the
cruelty and inhumanity of the death penalty," said Philip Luther, Director of
Amnesty International's Middle East and North Africa Program.
According to Iran's Anti-Drug Law, amended in 2010, keeping and transporting
more than 30 grams of Crystal Methamphetamine will result in the death penalty.
Iran carries out more executions per capita annually than any other country in
the world. So far in 2013, Iran has executed at least 402 individuals. It also
carries out many of these executions in public, with 53 such public executions
to date so far in 2013.
(source: iranian.com)
*********************************************
Ayatollah: Iranian man who survived execution should not be hanged again;
Lotfollah Safi Golpaygani says his own fatwa should not be applied in case of
drug smuggler Alireza
An Iranian grand ayatollah who issued a fatwa ordering the re-execution of
convicts who come back to life has said his religious ruling should not be
applied in the case of the man who revived in the morgue earlier this month.
Alireza, a 37-year-old father of 2, was hanged 2 weeks ago for possessing a
kilo of crystal meth and was certified as dead by medics after lingering for 12
minutes from a rope tied around his neck.
He was sent for burial but a day later morgue workers realised he was still
alive after spotting steam in the plastic cover he was wrapped in. Following
his arrest 3 years ago, a revolutionary court had found Alireza guilty of drug
smuggling and sentenced him to death.
Media reports in Iran have said the judicial authorities are planning to hang
him again on the basis that he was sentenced to lose his life, rather than just
to be hanged. A fatwa issued by the Shia grand ayatollah Lotfollah Safi
Golpaygani has been cited as justification for re-executing him.
However, a statement issued on behalf of Golpaygani on Thursday said his
religious ruling should not be applied to Alireza's case and the ayatollah had
"another view" about his destiny.
According to the semi-official Mehr news agency, Golpaygani has a fatwa in the
second volume of his religious rulings, which says: "After the execution and
before the burial, if the convict comes back to life while in the morgue or at
the coroner's office and recovers after treatment, the verdict for Qisas
(retribution) or Had (punishment) remains viable."
A statement issued on Golpaygani's official website said: "The issue that has
been raised on [his book] has nothing to do with [this man's] case and the
ayatollah has another view about his issue." The statement did not elaborate on
what the ayatollah's view was about Alireza's fate.
Golpaygani reacted after a number of people contacted his office asking him to
intervene or clarify his position over Alireza's case. The state-run Jam-e-Jam
newspaper, the first media organisation to break the news about Alireza's
ordeal, said many of its readers had asked for his life to be spared.
The references to Qisas and Had in Golpaygani's fatwa mean it only applies to
sentences for certain crimes, called Hodud in the Islamic terminology, that are
not at the discretion of the judge but are defined by sharia law.
Under Iranian sharia law, certain crimes such as sodomy, rape, theft,
fornication, apostasy and consumption of alcohol for the third time are
considered to be "claims of God" and therefore have a mandatory death sentence.
Alireza is instead condemned to Tazir, a punishment that can be administered at
the discretion of the judge, raising hopes that the judiciary might be able to
change its mind over his case.
"Alireza's case is extraordinary and very exceptional," said Amnesty's Drewery
Dyke. "There's no complainant in his case and the chief of Iran's judiciary,
Ayatollah Larijani, should intervene so that his life is spared."
Mohammad Mostafaei, an Iranian lawyer who has defended many convicts on death
row in Iran in the past, said Alireza's case was unprecedented in Iran but the
judiciary could spare his life since it was a Tazir punishment.
"Iran's judiciary has previously intervened to seek clemency for offenders like
Alireza who have committed a Tazir crime," Mostafaei told the Guardian. "In his
case, too, the judiciary chief can write to the supreme leader [Ayatollah Ali
Khamenei] and ask him to spare his life."
Farideh Gheyrat, another prominent Iranian lawyer, echoed Mostafaei, telling
the New-York-based International Campaign for Human Rights in Iran that
Alireza's life should be spared under Iran's sharia law.
"According to the sharia law, if a convict survives execution his life is
spared and they have not hanged twice anyone before as far as I know," she
said.
Amnesty International has called on Iran to halt any plan to hang Alireza
twice.
"The Iranian authorities must immediately halt Alireza's execution and issue a
moratorium on all others," said Amnesty's Philip Luther.
"It is natural that the Iranian authorities must combat the serious social,
security and economic problems relating to drug trafficking and drug abuse, but
the reliance on the death penalty to combat drug trafficking is misguided and
in violation of international law.
"People want to be protected from crime, but the death penalty does not make
societies safer."
(source: The Guardian)
*******************************
Will This Man Be Executed Twice?
An Iranian man, identified by state media only as "Alireza M.," was hanged and
presumed dead, but discovered to be alive in a morgue by his family. Now, the
authorities intend to reattempt the execution once his health "improves."
Iran has been basking in the dubious distinction of being number two in the
number of citizens it executes. It can't quite compare to the perennial
executions "champion" China, but Iran does likely have the highest per capita
rate of executions of any country in the world.
This is not exactly an achievement to brag about.
We can't be sure how many people Iran executes each year, but the latest
reliable estimates are that as of this week, at least 508 people were executed
in Iran so far this year. If the trend continues, Iran is well on the path to
exceed in 2013 the minimum of 544 people it is believed to have executed last
year.
An alarming 50 people were executed in just one two-week period in September.
The number of those executed in 2013 includes juvenile offenders - those
accused of committing their crimes before they were 18 years of age.
"At least 508 people were executed in Iran so far this year. If the trend
continues, Iran is well on the path to exceed in 2013 the minimum of 544 people
it is believed to have executed last year."
The list of potentially capital crimes in Iran is quite long, but the majority
of people are executed for their involvement in drug offenses. But the use of
executions against people accused of politically motivated offenses exposes
many of the entrenched flaws of Iran's justice system: unfair trials, lack of
due process, faulty use of evidence, use of torture to extract confessions,
lack of representation and discrimination against ethnic and linguistic
minorities.
In 2009, Ghazi Abbasi and 6 other members of Iran's Ahvazi Arab minority
community were arrested and accused of involvement in the shooting deaths of a
police officer and a soldier. Abbasi and the others were accused of the crime
of "Moharebeh" (enmity against God) which is often leveled against those
accused of politically motivated offenses, as well as "Ifsad al-Ard"
(corruption on earth). Their trial in a Revolutionary Court lasted just about 2
hours and their convictions were based on confessions that were extracted under
torture. Abbasi and 3 of the other men were sentenced to death and are at risk
of imminent execution.
In another case Jamshid Dehgani and 3 other members of Iran's Kurdish minority
- who face discrimination both because of their ethnicity and language as well
as their adherence to Sunni Islam - were sentenced to death for committing a
murder that occurred while they were in detention! This inconvenient fact did
not prevent the Revolutionary Court from convicting them of Moharebeh and Ifsad
al Ard. They also face imminent execution.
Concerned activists now have a chance to appeal to the Iranian authorities to
ask them to overturn the death sentences against these members of minority
communities accused of political offenses. Providing real justice for these men
would be something the government CAN be proud of.
(source: Elisa Auerbach, Amnesty International)
ZIMBABWE:
Zim: Justice minister says the state will eventually remove death penalty;
There is hope for 89 inmates on death row after nongovernmental organisations
increased pressure on the government to abolish the death penalty.
Zimbabwe has upheld the death penalty in the new Constitution, but recently
appointed Justice Minister Emmerson Mnangagwa is showing a willingness to do
away with the provision.
Mnangagwa was put on death row in the 1960s after being convicted for treason
during the - liberation war, but he escaped the - gallows due to what he said
was an "age technicality".
Last week, at Amnesty International's event to mark World Day Against the Death
Penalty, Mnangagwa said that with the advent of the new Constitution, there was
no doubt about what direction the country was taking with regard to executions.
"Zimbabweans spoke their mind through the new charter, which now reserves the
penalty for those persons convicted only of murder in aggravating
circumstances," Mnangagwa said.
According to the new Constitution, people younger than 21 and older than 70 at
the time of conviction cannot be sentenced to death.
Mnangagwa said this represents a positive development in the government's
efforts to eventually remove the death penalty, adding that though a new
hangman was hired this year "it does not signify a step backwards but a
fulfilment of the legal requirements". The hangman's post became vacant in
2005.
Moratorium on executions
"I believe that our justice system must rid itself of this odious and obnoxious
provision. The mental torture [for inmates] occasioned by the mere knowledge
that it is all over, coupled with the experience of being treated as the 'scum'
of society, brings utter hopelessness and despair," Mnangagwa said.
Information obtained by the Mail & Guardian from the ministry of justice and
legal affairs and Amnesty International shows that 87 men and 2 women are on
death row.
Most were convicted of murder in the course of robbery where no extenuating
circumstances were found.
Cousin Zilala, the executive director of Amnesty International Zimbabwe, has
encouraged the government to declare an immediate moratorium on executions,
saying that an opportunity was missed in the recent Constitution-drafting
process to abolish the provision.
According to Amnesty International, 76 people have been executed in Zimbabwe
since 1980 and 244 people, who were sentenced to death during the same period,
had their sentences commuted to life terms or overturned by the Supreme Court.
Most members of the Southern African Development Community, including Angola,
Mozambique, Namibia and South Africa have abolished the death penalty.
Zimbabwe last carried out executions in 2004 - Edmund Masendeke and Stephen
Chidhumo were convicted of murder, rape and armed robbery.
(source: Mail & Guardian)
UNITED KINGDOM:
Cameron appoints 'modern-day Norman Tebbit' to Number 10 Policy Board
This past week reshuffle news has mainly focused on Labour, with the 'cull of
the Blairites' narrative predictably obsessing the papers.
One thing we almost missed with all the background noise, however, was Priti
Patel joining the Number 10 Policy Board.
Why does it matter that Ms Patel is now a part of the inner circle that will
work out what Tory Party policy will be going into the 2015 election? Well,
because...
She wants to bring back the death penalty
In 2011 she told a BBC Question Time audience that the death penalty could act
as a deterrent even if it means innocent people occasionally being executed.
(source: Leftfootforward.org)
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