Oct. 23
INDIA:
Murder in Thiruvananthapuram: man gets death penalty
The Principal District and Sessions Court in Thiruvananthapuram on Tuesday
awarded the death penalty to Sherif, 40, after he was found guilty of the
murder of his long-time friend and business partner Salim.
Sherif had invited Salim, the victim, to a house he had rented in a remote
locality in Chirayankeezhu on July 9, 2011 and bludgeoned him to death after
drugging him.
Sherif sneakily sedated Salim by serving him beer laced with sleeping pills.
Sherif smashed Salim's skull after the drugged beer rendered him unconscious.
He then methodically dismembered the body in the toilet and packed the parts in
16 airtight bags he had procured for the purpose from the Gulf earlier. Later,
he buried the bags in a pit dug behind the house under the pretext of
constructing a new septic tank. Sherif's partner, Zanobar, was sentenced to
life imprisonment after being found guilty of plotting the crime.
The 3 had operated a thriving moneylending racket among low-paid migrant
workers living in labour camps in Saudi Arabia since 2000. The duo had killed
Salim to deny him his share, chiefly accumulated profits amounting to crores of
rupees, in the solely trust-based and largely unaccounted business.
Delivering the sentence, Judge B. Sudheendra Kumar described the crime as
diabolic. It fell into the rarest of rare categories and its prime perpetrator
deserved capital punishment, he said.
He ordered Zanobar to pay the victim's wife a compensation of Rs.10 lakh or
serve an additional 4 years of rigorous imprisonment.
The accused seemed visibly upset on hearing the verdict. They had sought the
court's mercy on the ground that they were the sole breadwinners for their
respective families and had aged parents to care for.
Special prosecutor V.S. Vineet Kumar argued against any clemency for the
accused. The court commended Assistant Commissioner of Police K.E. Baiju and
sub-inspector C. Mohanan for their 'skilled and meticulous investigation,'
which resulted in the speedy detection and conviction of the accused.
Salim's family and friends, who had thronged the courtroom, became emotional on
hearing the sentence.
(source: The Hindu)
IRAQ:
Mass executions in Iraq; GICJ appeals to the UN High Commissioner for Human
Rights in view of record executions in Iraq
On 8th and 9th October 2013 a new wave of executions was carried out in Iraq,
during which 42 people were executed within only 2 days. This brings the number
of people executed until October 2013 to a terrifying total of 140, with no end
in sight. The executions were slammed in strongest terms by the United Nations
Human Rights office, who called on the Iraqi Government to immediately halt all
executions, saying the country's justice system was too flawed to allow any use
of capital punishment and urging for an immediate death penalty moratorium in
Iraq.
With regard to the latest wave of executions GICJ sent an urgent appeal to the
United Nations High commissioner for Human rights, Navi Pillay, in which it
provided background information on the utmost deficiency of the Iraqi criminal
justice system and warned that recent executions would only be the peak of the
Iceberg in view of future plans by the Iraqi government to accelerate and even
simplify the process of other death sentences. The new wave of executions from
October 2013 only proves that the Iraqi government is determined to stay true
to its words.
The Iraqi government is never short to officially justify executions on the
pretext of combating terrorism. Such official justifications are grounded in
the politicised article 4 of the Anti-Terrorism No. 13, which was passed by the
unelected Iraqi National Assembly in 2005. The definitions of crimes and
perpetrators however lack in clarity and are susceptible to interpretations
that are based on subjective politicised legal justifications. Many of the acts
for which the death penalty can be imposed further don't fit into the
definition of most serious crimes.
A modern witch hunt without any quality of proof
Because its broad application scope the anti-terrorism law is frequently seen
as a tool for legally pursuing political opponents. It leads to a modern witch
hunt and without any quality of proof. Not for no reason the Iraqi Parliament's
speaker Osama al-Nujaifi thus called the article "a sword held to the necks of
Iraqis". This point is aggravated by the fact that article 5 of the
Anti-Terrorism Law pardons anyone who provides information that contributes to
the arrest of the criminals or prevents the execution of the operation before a
crime is discovered or during its planning.
Even if the claim that those being executed are terrorists is commonly used,
the real issue at hand is that everyone, regardless of what they are thought to
be, has the right to due process and fair trial. Until 2013 the Iraqi criminal
justice system is flawed and inhumane on all levels. Trial proceedings fall
short of international standards, abuses of due process, and convictions based
on confessions enforced under torture are common practise, ignoring the legal
principle of "innocent until proven guilty" and the jus cogens of Freedom from
Torture. Over the past years many international human rights organizations,
including the High Commissioner for Human Rights Navi Pillay herself, thus
expressed serious reservations about the criminal justice system in Iraq.
Record executions might just be the tip of the iceberg
Record execution rates in Iraq in 2013 however might just be the tip of the
iceberg. In early August 2013 the Iraqi Minister of Justice Al-Shammari
announced on Iraqi television that at present 1200 prisoners are languishing on
death row. He stressed the Iraqi government???s determination, not only to
continue these executions, but to accelerate and simplify the process of other
death sentences, stating that there were still some legal obstacles to overcome
but that the government of Iraq was firm on its decision to overcome these
obstacles. With such words he revealed plans to amend the Iraqi Criminal
Proceedings Nr.23 of 1971, which until present provides basic human rights to
accused and is according to many Iraqi lawyers is one of the best existing
Iraqi laws compared to international standards.
Another aggravating factor is that in addition to such plans, an official mass
arrest campaign called "Thar al-Shuhada" or also "Martyr's Revenge" was
introduced by the Iraqi government in August 2013, also under the disguise of
combating terrorism. This campaign provides an even broader ground for
justifications of arbitrary arrests and executions of regime opponents,
political critics or peaceful demonstrators. Already in August 2013 GICJ had
submitted an urgent appeal[2] to the High commissioner for Human Rights, in
which it warned about the sectarian characteristics of the campaign and the
enduring consequences such an arrest campaign might have on further executions
in Iraq, since the direct implications of the "Martyr's campaign" are arbitrary
arrests and sentences of severe punishment for civilians and innocent persons
allegedly suspected of terrorism.
Such concerns were shared by the spokesperson for the Office of the UN High
Commissioner for Human Rights, Rupert Colville, who, following the executions
in Iraq in October, told reporters in Geneva that the Iraqi Government's
actions were undermining efforts to build a more stable, less violent society
in Iraq and pointed out that the recent executions were "particularly perverse"
as the World Day against the Death Penalty had just been one day before. In his
view, Coleville further said, the claim that using the death penalty can help
deter terrorism is clearly exposed as a fallacy, given the soaring casualty
rate in Iraq, which has occurred over roughly the same period as the dramatic
and shocking increase in the use of the death penalty.
Since a long time the increase of executions in Iraq has already been followed
with great concern by GICJ, who in numerous reports, appeals and statements
continuously called on the United Nations to take immediate action and send a
clear message to the government of Iraq that it can no longer execute at will
and with impunity. One of the latest statements on this issues was delievered
by Daniela Doges from GICJ on September 10, 2013, in the Human Rights Council
during the General Debate under agenda item 2 "Update by the High
Commissioner".
Condemnation is not enough
GICJ strongly condemns the continuation of mass executions in Iraq. In its
letter GICJ urged the High Commissioner, to undertake immediate action to
ensure that the Iraqi government obeys the international rules of law and
foundational principles of human rights law and further requested the UN Human
Rights Council to urgently uptake an immediate, independent investigation into
current and past executions carried out under the smokescreen of fighting
terrorism as well as to investigate the legality and adherence to international
standards of the 2005 Anti-Terrorism Law.
Condemnation however is not enough. Until this day the government of Iraq has
persistently ignored international law and outcries and shamelessly insisted to
follow its own, inhumane praxis. GIJC thus furthermore requested that the UN
Human Rights Council follows its obligation to protect human rights, increases
its pressure and convenes a special session on human rights in Iraq as soon as
possible.
(source: uruknet.info)
GLOBAL:
A blot on progressive societies
The use of the death penalty undermines human dignity; there exists no
conclusive evidence of its deterrent value; and miscarriage of justice leading
to its imposition is irreversible and irreparable
The last 20 years have seen considerable progress on abolition of the death
penalty. The growing global trend towards abolition is by far encouraging.
Approximately 150 of the 193 member-states of the United Nations have abolished
the death penalty or introduced a moratorium either in law or in practice.
The cruel, inhuman and degrading punishment - a colonial importation imposed
upon indigenous justice systems - is certainly a blot on progressive and
civilised societies. Portugal, a former colonial power, was the 1st in Europe
to end the death penalty in 1976. While the francophone as well as Commonwealth
countries lag behind in abolishing the anachronistic and barbaric form of
punishment, the lusophone countries abolished the capital punishment in law in
the 1990s.
Restrictive use
Although the death penalty is not outlawed, international law advocates
restrictive use and propounds a policy direction not to delay or prevent the
abolition. The willingness of states to ratify and commit themselves to
international legal obligations prohibiting capital punishment is steadily
growing. Today, more than 80 countries are party to specialised international
treaties, including the International Convention on Civil and Political Rights
(ICCPR) and the Optional Protocol to the International Convention on Civil and
Political Rights as well as regional instruments including Protocol No 6 and
Protocol No 13 of the European Convention on Human Rights, and Protocol to the
American Convention on Human Rights which calls for abolition of the death
penalty. Further, international criminal tribunals established by the United
Nations for the former Yugoslavia, Rwanda, Sierra Leone, Lebanon as well as the
International Criminal Court exclude the death penalty as a punishment.
Countries in South and Central America were pioneers in abolishing the death
penalty. A majority of the countries there are either abolitionists or
abolitionists for ordinary crimes except Guatemala (a retentionist) and Cuba,
which has reported no execution since 2003. Cuba also abstained from the recent
U.N. Resolution calling for a Moratorium on the use of Death Penalty. The
English speaking Caribbean countries are largely de facto abolitionists - as no
executions have been carried out over 10 years. For example, in Antigua and
Barbuda, the last execution was in 1989; Barbados 1984; Belize 1989; Dominica
1986; and Saint Lucia 1995. While the statistics are revealing, some states
claim that their failure to carry out executions does not manifest any change
in their policy.
The road to abolition of the death penalty in the United States is rather long.
Among the 32 States that allow the death penalty, there is a stark difference
in enthusiasm and application as some States overuse and others barely use it.
Although the overall number of death sentences issued has declined (98 in 1999
to 37 in 2008, and 46 in 2010 to 43 in 2011), it remains to be seen if the U.S.
will abolish capital punishment and champion worldwide abolition.
Undisputed leader
Europe, on the other hand, is clearly the undisputed leader with Belarus being
the only retentionist in the continent. The European Union's guidelines
categorically state that abolition of the death penalty contributes to
enhancement of human dignity and progressive development of human rights.
Countries in Africa and Asia minus the Pacific Island states show a mixed
landscape of retentionists, abolitionists and de facto abolitionists. As in
other regions, some countries in these two regions also fall under the de facto
abolitionist category where there has been no execution for over 10 years. For
example: in Ghana the last execution was carried out in 1993; Kenya-1987;
Malawi-1992; Swaziland-1989; Brunei Darussalam-1957; the Maldives-1952; and Sri
Lanka-1976.
The lowest common denominators in the 2 regions tend to represent different
legal systems, traditions, cultures and religious backgrounds. While some of
the retentionist countries have neither abolished nor refrained from applying
the death penalty, some noteworthy efforts have been made towards restricting
it. For instance, the African Commission on Human and People's Rights set up a
Working Group that recommended that the case of the abolitionists is more
compelling than that of the retentionists.
Grim statistics
The statistics on retentionist countries in Asia is rather grim as the highest
number of executions has been recorded in China, the Islamic Republic of Iran,
the Democratic Republic of Korea, Iraq, Pakistan, Saudi Arabia and Vietnam.
Nevertheless, there has been some welcome development in the region that
includes China passing a law aimed at removing the death penalty for 12
non-violent economic crimes, amending its criminal procedure law to include a
rigorous review process of capital cases including recording of interrogations,
introducing mandatory appellate hearings and enhancing access to legal aid. The
Islamic Republic of Iran decided not to award the death penalty to juveniles
below 18 who commit offences under the categories of Hudud and Qisas.
On the legislative front, some remarkable decisions include those in Indian
courts - declaring that the mandatory death penalty for drug trafficking and
under the Arms Act 1959 is unconstitutional; and the courts of Bangladesh which
declared that the mandatory imposition of the death penalty with no
consideration for personal circumstances or circumstances of a particular
offence was unconstitutional. Singapore recently announced a reform of its
legislation providing for the mandatory death penalty for drug-related
offences.
Some Asian countries have also shifted gear as depicted in the voting patterns
in the U.N. General Assembly Resolutions calling for a Moratorium on the use of
Death Penalty. In the 1st resolution introduced in 2007, a vote of 104 in
favour to 54 against with 29 abstentions was recorded. In 2008, it was a vote
of 106 in favour to 46 against, with 34 abstentions, and in the most recent
resolution in 2012, a vote of 111 in favour to 41 against, 34 abstentions was
recorded.
It is pertinent to note that the overall trend in the General Assembly
resolutions indicates a steady increase of countries voting in favour and a
sharp decline of countries voting against the Resolution. In the Asian context,
for example, Mongolia voted against in 2008 but in favour in 2012; Thailand
voted against in 2007 but abstained in 2012; and Indonesia and the Maldives
voted against in 2008 but abstained in 2012.
The Pacific Island states are largely abolitionist or abolitionist in
practice/abolitionist for all crimes. Whilst there is political will towards
abolition, some of the Small Island States lack the resources required to
report on or implement international conventions. For instance, although
Kiribati, Solomon Islands and Tuvalu abolished the death penalty in the 1970s,
they have not ratified the ICCPR and its Optional Protocol as resources are a
real and pressing concern.
Consensus among the international community on universal abolition of the death
penalty is clearly looking forward and it is just about time the handful of
retentionist countries garnered the momentum and showed leadership in ending
the collective embarrassment. The use of the death penalty undermines human
dignity, there exists no conclusive evidence of its deterrent value, and
miscarriage of justice leading to its imposition is irreversible and
irreparable.
Repressive tool
The abolitionist movement has made remarkable strides in moving the death
penalty debate beyond arguments of sovereignty; it has established that the
death penalty, however administered, is a repressive tool of the criminal
justice system and violates internationally accepted human rights standards of
right to life.
While all stakeholders in the international community should continue their
collective and sustained efforts, it is important to remember that political
will and the leadership of the government and its parliamentarians remain
pivotal in abolishing the remnants of colonial barbarism, and in entrenching a
justice system that is civilised and reformative. South African judge Justice
Chaskalson, in his historic opinion banning the death penalty in his country,
remarked that "the right to life and dignity are the most important of all
human rights ... and this must be demonstrated by the state in everything it
does, including the way it punishes criminals."
(source: Monica Vincent; The writer is an analyst in law, public policy and
international affairs. Previously Human Rights Officer at the Commonwealth
Secretariat, London, she is now an advocate practising in the Madurai Bench of
the Madras High Court----The Hindu)
IRAN----executions
7 prisoners hanged including a 26-year old woman - reports
The Iranian regime henchmen has hanged 7 prisoners including a woman in a
prison in the western city of Kermanshah, according to the reports received
from Iran.
The woman named Nastaran Safari was 26 years old and had been imprisoned since
at the age of 19, the reports said. There is no information on the identities
of other 6 men.
Since beginning of this year at least 470 prisoners have been hanged with over
240 execution since sham presidential election in June.
(source: NCR-Iran)
****************************
Hanging survivor spared in Iran - report
Iran has decided to spare the life of a convicted drug trafficker who survived
a hanging, media reports on Wednesday quoted Justice Minister Mostafa
Pour-Mohammadi as saying.
The reports follow calls from within Iran, as well as appeals from
international rights groups, against the man facing execution for a second
time. He was found alive in a morgue after the hanging.
"The convict who survived (the death penalty) will not be executed again,"
Pour-Mohammadi said late on Tuesday in remarks reported by the official IRNA
news agency.
"After putting much effort to prevent the second execution of this convict, we
have received a positive response,??? he said, without elaborating.
All judicial affairs and decisions in the Islamic republic rest with the
judiciary, which constitutionally operates independently from the government.
The convict, identified only as 37-year-old Alireza M, was pronounced dead
earlier this month by the attending doctor after hanging for 12 minutes from a
noose suspended from a crane at a jail in north-east Iran.
But the next day, staff at the mortuary in the city of Bojnourd where his
shrouded body was taken discovered he was still breathing.
Media later reported that he had fallen into a coma.
Pour-Mohammadi implied that a 2nd execution would be damaging for Iran's image.
"If he survives, it is not expedient to hang him again," said the minister.
The incident led to a heated debate between jurists, with some arguing against
a repeat hanging and others for.
According to the media, a petition signed by jurists and attorneys was sent to
judiciary chief Ayatollah Sadeq Larijani, appealing for a stay in the
exceptional case.
Amnesty International also called for an immediate stay of execution for
Alireza M.
Iran has one of the highest rates of execution in the world, with more than 500
cases last year and 508 executions so far this year, according to Human Rights
Watch.
Tehran says the death penalty is essential to maintain law and order, and that
it is applied only after exhaustive judicial proceedings.
Murder, rape, armed robbery, drug trafficking and adultery are among the crimes
punishable by death in Iran, based on its interpretation of sharia law in force
since its 1979 Islamic revolution.
(sources: Sapa & AFP)
NIGERIA:
Govt Defends Stance On Same Sex Marriage, Death Penalty At UN Meet
Minister of Justice and Attorney General of the Federation Mohammed Bello Adoke
who led the Nigerian delegation to the presentation of the country's report at
the 17th session of the Universal Periodic Review (UPR) of the United Nations
(UN) Human Rights Council in Geneva, Switzerland yesterday defended Nigeria's
position on same sex marriage and death penalty, saying while same sex marriage
contravenes national values, death penalty serves as deterrent to protect
lives.
Though most delegations from western countries urged Nigeria to repel the death
penalty and bill against same sex marriage, Adoke said the country would not
accept their recommendations as legalization of same sex marriage is alien to
the nation.
According to him, a recent survey had suggested that 92% of the Nigerian
population does not support same sex marriage and as such the country would
offend the larger population by going against their wishes.
"The marriage Act defines marriage as a relationship between a man and a woman.
Christianity and Islam, which are the major religions in Nigeria also recognize
marriage as a relationship between a man and a woman. Same sex marriage is not
in the culture of Nigerians", the minister said.
On the abolition of the death penalty, he said the right of a man to life is
the most fundamental human right, adding that government uses the death penalty
as a deterrent to protect human life.
Many speakers had expressed concern over reported human right abuses,
especially extra judicial killings by security forces deployed in the
north-east to address the insurgency of the Boko Haram sect and called on the
authorities to carry out independent investigations into the killings. Some
speakers wanted Nigeria to employ a robust approach in tackling terrorism
without infringing on the rights of the people and called for the prosecution
of perpetrators of all forms of violence.
Delegations from countries like United States, United Kingdom, Germany,
Australia and Netherland specifically spoke against death penalty at the
session. They also spoke against discrimination of people on the basis of
sexual orientation. They want Nigeria to increase efforts in the protection of
women and abolish all forms of harmful traditional practices.
The minister said Nigeria is committed to the protection of human rights and as
such could not tolerate extra judicial killings. He cited the policemen
currently facing trial over the killing of Boko Haram's ex-leader Muhammed
Yusuf in 2009. According to him, the government has given directive that the
Red Cross and other humanitarian agencies should be allowed to have access to
detainees in various detention centres.
Earlier while presenting the country's report at the session, Mr Adoke
highlighted some steps taken by the country to improve human rights situation.
(source: Daily Trust)
MYANMAR:
MPs reject death sentence for rape of a child
Myanmar's Lower House has rejected a motion to debate a bill that would impose
the death penalty on those convicted of raping a child and a life sentence for
those convicted of attempting to rape someone less than 16 years of age.
Only 19 of 330 MPs voted to debate the so-called child bill submitted by MP
Thein Nyunt. The bill would have amended the 1993 Child Law, which the MP
described as too lenient on perpetrators of sexual crimes against children.
Child rape is equivalent to murder, U Thein Nyunt said. "Rape destroys children
mentally and physically. It is a death sentence for them so those who inflict
it should receive the same as a penalty," he explained.
The MP pointed to Section 66 of the Child Law as an example of its lenience.
The section imposes a maximum of 2 years imprisonment and a fine of up to 1,000
kyats for manufacturing child pornography.
Deputy Attorney General Tun Tun Oo, however, said light sentences were not a
cause of rape. He blamed a rising incidence of alcohol and drug abuse for an
increase in the number of reported rapes.
According the Thamardi Foundation, a nongovernmental organization, there have
been 880 reported cases of child rape in Myanmar since 2008. Colonel Tin Win,
Yangon Region Security and Border Affairs Minister, said there were 88 cases of
child rape in Yangon Region alone last year.
(source: Missima.com)
BRUNEI:
Brunei to Implement Strict Islamic Law; Draconian new laws include lashes for
drinking alcohol, stoning for adultery and amputations for theft. Rights groups
appalled.
Muslims in Brunei who commit adultery can expect to face the death penalty by
stoning if found out, according to new sharia (Islamic law) law being
introduced in the South East Asian state.
The UK's Daily Telegraph has reported the Sultan of Brunei is set to usher in a
range of capital and corporal punishments according to sharia law.
According to new laws, citizens found to have committed adultery will be stoned
to death, while thieves can expect to have limbs amputated, with those caught
drinking alcohol flogged in public.
The Daily Telegraph said the shift towards a more conservative brand of Islam
had been condemned by human rights groups in Britain, who called on British
institutions to rescind the many accolades and awards that have been bestowed
upon Brunei's leader Hassanal Bolkiah in the past.
Phil Robertson, deputy director of the Asia division of Human Rights Watch, was
quoted by the newspaper as saying:
"I think any university that has granted an honorary law degree to the Sultan
should be thinking again as to whether they want to be associated with him,"
adding, "It's a huge step backwards, a demonstration of the more feudal aspects
of Brunei that harks back to the 18th century model of absolute monarchy, and
it gives a license for human abuses to be made law."
Among the richest men in the world, Bolkiah has received a knighthood from the
Queen of England, and honorary doctorates universities such as Oxford, Kings
College London and Aberdeen.
Brunei has a population of almost half a million people and has already
implemented much of Islamic law. For example, for many years it has been
illegal to buy alcohol in the country or disseminate information about
religions aside from Islam.
(source: Israel National News)
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