Dec. 10
GLOBAL:
Global trend to end death penalty is accelerating dramatically
Commentary: China, Iran, North Korea and the US are among the world's most
prolific executioners. Which nation will be the last, lonely outpost of state
killing?
Which country will be the last to abolish the death penalty?
Not so long ago, posing such a question would have seemed overly optimistic at
best, and naive at worst. But as we mark Human Rights Day on Dec. 10 - the 65th
anniversary of the United Nations' adoption of the Universal Declaration of
Human Rights - we do so knowing that the global outlook is shifting rapidly.
The tide has turned irreversibly in the long battle against the death penalty,
an inherently cruel and deeply flawed punishment that has done incalculable
damage to countless individual lives and whole societies.
The global trend toward abolition has accelerated dramatically in recent years.
As recently as the late 1970s, only 16 countries had abolished the death
penalty for all crimes. Yet today, according to the UN, some 150 countries have
abolished the death penalty in law or practice.
As understanding has grown that capital punishment is an abhorrence unworthy of
a civilized society, government after government - from all major regions,
cultures and religions - has rejected it.
They have done so because experience and evidence demonstrate that the death
penalty is cruel, irrevocable and a violation of the right to life. It damages
and poisons society by endorsing violence, and by causing injustice and
suffering. It has no particular deterrent effect on violent crime, and in fact
abolitionist nations often have lower murder rates than those that still
execute.
Not only have most individual governments concluded that the death penalty is
wrong. Increasingly the world's community of nations is sending a clear,
collective and powerful political message that there is no place for capital
punishment in humanity's future.
In December 2012, the UN General Assembly voted overwhelmingly and decisively
for a global moratorium on the death penalty. This was the 4th such vote since
2007; on every occasion the number of nations supporting a moratorium has
risen.
This latest UN call was supported by a record 111 countries, with Central
African Republic, Niger, South Sudan and Tunisia all voting in favor for the
1st time. Meanwhile, several nations - including Afghanistan, Papua New Guinea
and Indonesia - moved from a negative vote to abstention.
Such categorical, undeniable and remarkable progress explains why we at the
International Commission against the Death Penalty - an independent body
opposed to capital punishment in all cases, led by a group of high-profile
commissioners from across the world - are convinced that capital punishment is
steadily, inexorably moving toward the history books.
At the same time, we know there can be no complacency. Recent executions or
resumptions of death sentences after de facto moratoriums in countries such as
India, Indonesia, Kuwait and Nigeria have all caused international concern.
A major stumbling block is the behavior of a small group of hard-core executing
states. The world's most prolific executioners are China, Iran, Iraq, North
Korea, Saudi Arabia, the US and Yemen.
The inclusion of the United States in this list is regrettable, yet there are
grounds for hope. Across the US, numbers of executions and death sentences are
declining as courts impose life imprisonment instead, while public support for
capital punishment has dwindled to its lowest levels in nearly 4 decades.
Connecticut, Illinois, New Jersey, New Mexico and New York have abolished the
practice in recent years, while Oregon imposed a moratorium on executions.
Legislation repealing Maryland's death penalty came into effect on October 1,
following a vote by the House of Delegates in March and Governor Martin
O'Malley's subsequent signing of the decision into law. With the stroke of a
pen, Maryland became the 18th state, and the 6th in as many years, to become
abolitionist.
Meanwhile, other states such as Colorado, Delaware, Oregon and New Hampshire
are moving closer to abolition.
Former President Jimmy Carter's call ilast month for a nationwide moratorium on
the death penalty - and for the US Supreme Court to reintroduce the ban on
capital punishment it had imposed between 1972 and 1976 - is most welcome.
Globally, it is clearer than ever that abolition is politically right and
politically possible. Any objective assessment shows that full global abolition
would be a true victory for humanity. Fortunately, the question now is no
longer one of "if" but one of "when."
Increasingly, it will also be a question of "who": Which nation will be the
last, lonely outpost of state killing? Which will be the last to cross the
threshold to a modern, civilized system of justice by finally abolishing this
cruel, inhuman and degrading punishment?
Every executing state still has the choice and the opportunity not to be
burdened with such an unenviable legacy. As we shine a spotlight on this
ultimate abuse of human rights today, the message is clear: With political
courage, every nation could immediately suspend use of the death penalty as a
step toward full abolition.
The writers are members of the International Commission against the Death
Penalty, an independent body of politically influential people supported by a
diverse group of 16 governments. Bill Richardson is former Governor of New
Mexico, US. Federico Mayor is President of ICDP and former Director General,
UNESCO and former Minister of Education and Science of Spain.
(source: Global Post)
************
Atheists Face Death Penalty In 13 Countries, Discrimination Around The World
According To Freethought Report
In 13 countries around the world, all of them Muslim, people who openly espouse
atheism or reject the official state religion of Islam face execution under the
law, according to a detailed study issued on Tuesday.
And beyond the Islamic nations, even some of the West's apparently most
democratic governments at best discriminate against citizens who have no belief
in a god and at worst can jail them for offenses dubbed blasphemy, it said.
The study, The Freethought Report 2013, was issued by the International
Humanist and Ethical Union (IHEU), a global body uniting atheists, agnostics
and other religious skeptics, to mark United Nations' Human Rights Day on
Tuesday.
"This report shows that the overwhelming majority of countries fail to respect
the rights of atheists and freethinkers although they have signed U.N
agreements to treat all citizens equally," said IHEU President Sonja Eggerickx.
The study covered all 192 member states in the world body and involved lawyers
and human rights experts looking at statute books, court records and media
accounts to establish the global situation.
A first survey of 60 countries last year showed just 7 where death, often by
public beheading, is the punishment for either blasphemy or apostasy -
renouncing belief or switching to another religion which is also protected
under U.N. accords.
But this year's more comprehensive study showed 6 more, bringing the full list
to Afghanistan, Iran, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar,
Saudi Arabia, Somalia, Sudan, United Arab Emirates and Yemen.
In others, like India in a recent case involving a leading critic of religion,
humanists say police are often reluctant or unwilling to investigate murders of
atheists carried out by religious fundamentalists.
Across the world, the report said, "there are laws that deny atheists' right to
exist, revoke their citizenship, restrict their right to marry, obstruct their
access to public education, prevent them working for the state...."
Criticism of religious faith or even academic study of the origins of religions
is frequently treated as a crime and can be equated to the capital offense of
blasphemy, it asserted.
EU STATES OFFEND
The IHEU, which has member bodies in some 50 countries and supporters in many
more where such organizations are banned, said there was systematic or severe
discrimination against atheists across the 27-nation European Union.
The situation was severe in Austria, Denmark, Germany, Greece, Hungary, Malta
and Poland where blasphemy laws allow for jail sentences up to 3 years on
charges of offending a religion or believers.
In these and all other EU countries, with the exception of the Netherlands and
Belgium which the report classed as "free and equal," there was systemic
discrimination across society favoring religions and religious believers.
In the United States, it said, although the situation was "mostly satisfactory"
in terms of legal respect for atheists' rights, there were a range of laws and
practices "that equate being religious with being American."
In Latin America and the Caribbean, atheists faced systemic discrimination in
most countries except Brazil, where the situation was "mostly satisfactory,"
and Jamaica and Uruguay which the report judged as "free and equal."
Across Africa, atheists faced severe or systemic violations of their rights to
freedom of conscience but also grave violations in several countries, including
Egypt, Libya and Morocco, and nominally Christian Zimbabwe and Eritrea.
(source: Huffington Post)
*************************
Why capital punishment must go?
In Rome, over 1,600 cities from around the world took part in the International
Day of Cities for Life, Cities against the Death Penalty initiative a couple of
days ago including 70 capitals on the 5 continents. The 1st death penalty laws
dates back as far back to the Code of King Hammaurabi of Babylon, which
codified the death penalty for 25 different crimes.
Hittite Code of the 14th Century also had the death penalty so was Draconian
Code of Athens in Seventh Century B.C which made the death the only punishment
for all crimes. It is not out of place to mention that in 10th Century hanging
became the usual method of execution in Britain. William the conqueror in the
following century didn't allow people to be hanged except guilty of war crimes.
This trend did not last for in the 16th Century, under the reign of Henry VIII
around 72,000 people are estimated to have been executed. Some common methods
of execution at that time were boiling, burning, burning at the stake.
Every year, Iran, Pakistan, India, Bangladesh and even advanced capitalist
country the US executes a sizeable number of people. The countries of
continental of Europe have abolished it in law for all kinds of crimes except
Belarus is still retaining the death penalty. South American countries were
pioneers in abolishing the death penalty. For instance, Venezuela abolished the
death penalty in 1863. Cuba is not party to major anti-death penalty treaties
and conventions of United Nations on death penalty but since 2001, not a single
prisoner execution has been carried out. The continental of Europe on the other
hand, abolished the death penalty a bit late as compare to South America.
Portugal, a former colonial power abolished it first in the region. My argument
is that the death penalty is irreversible and barbaric sentence which breaches
'man's right to life' which is given to him by nature not any government can
forfeit it in any circumstance; I further content that it also undermines human
dignity and there is no conclusive evidence that retaining the death penalty
deters crime.
As I mention above that, the death penalty is irreversible and miscarriage of
justice can happen. For instance, almost 173 inmates on death row in US in the
years 1976 released from the jails after they were proven innocent. However, in
Pakistan where terrorism is prevalent and fundamentalist is increasing day by
day there are more chances of miscarriage of justice as judiciary, police and
other law enforcing agencies can make mistakes in sending prisoners to gallows.
There are around 8,000 inmates who are on death row in notorious and violent
jails of Pakistan which are over populated. The purpose of jails was to
rehabilitate the criminals and the detaining criminals in jails originated in
17th Century in England. It is also worthwhile to mention 75 % of population in
jails is of those who are serving less 1 year sentence. I do say that there is
a need of reforming prisons of Pakistan and I further contend that it is a need
of time to release those inmates who are serving less than one year sentence
and I give them a benefit of doubt that they came to conflict with law by
chance or unintentionally.
The last 20 years have been seen considerable progress on abolition of the
death penalty. Approximately, 150 out of 193 states of United Nations have
abolished it or introduced moratorium on it either in law or in practice.
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.
In culmination, I submit that the death penalty is a barbaric and usual
sentence. It is no deterrence to crime at all. Pakistan is facing the severe
form of political violence and combating terrorism since 9/11, I therefore
believe that innocent people can be sent to gallows because judiciary system is
completed flawed. The system should be reformed and law of evidence needs also
to be considered for amendments. The continental of Europe is no longer party
to the death penalty except one country Belarus; the ratio of crime is too low
there. In Pakistan, the scene is immensely different from western countries
where judicial system can't be manipulated by rich however; judicial system of
Pakistan can be turned in favour of rich personnel.
I therefore, believe that the death penalty should not be for kept in justice
system of Pakistan. Pakistan should actually transform its hard punishments in
to non-penal social engineering. The inmates in jails should be given a chance
to rehabilitate themselves and given a chance to turn in to responsible and
sensible citizens.
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: Sarmad Ali; The writer is an advocate of High Court and lecturing in
Law of Succession----The Froniter Post)
PAKISTAN:
Pakistan govt finalises treason chargesheet against Musharraf
The Pakistan government has finalised the chargesheet in a case of high treason
against former military ruler Pervez Musharraf, according to a media report on
Monday.
The government plans to charge 70-year-old Musharraf for "abrogating,
subverting, suspending, holding in abeyance and attempting to conspire against
the 1973 Constitution" by declaring emergency and overthrowing the superior
judiciary in November 2007.
Musharraf is the 1st Pakistani military ruler to be charged for treason, and a
conviction could lead to life imprisonment or the death penalty.
The government has not named any co-accused in the case, the influential Dawn
newspaper reported.
This is despite the fact that clause 2 of Article 6 of the Constitution - which
covers treason - states that "any person aiding or abetting or collaborating
the acts mentioned in clause 1 shall likewise be guilty of high treason".
The report said a formal complaint will be filed in the 3-judge special court
set up to try Musharraf for treason.
Quoting from the complaint, the Dawn reported it does not blame Musharraf for
the 1999 military coup that led to the ouster of a government headed by Prime
Minister Nawaz Sharif.
Sources said the complaint No 01/2013 will be submitted to the special court's
registrar through the chief of the Federal Investigation Agency and the
Interior Secretary. The Interior Secretary will act as complainant and
authorise the FIA to file the complaint, the report said.
The special court was constituted by Supreme Court Chief Justice Iftikhar
Chaudhry at the government's request.
Musharraf, who ruled for 10 years, has been accused of committing all 5 acts of
high treason he abrogated, subverted, suspended and held the Constitution in
abeyance or attempted or conspired to do so.
The complaint states Musharraf issued a proclamation of emergency on November
3, 2007, in his capacity as army chief and in his own name to hold the
Constitution in abeyance. A copy of the proclamation signed by Musharraf is
part of the complaint.
(source: Zee News)
**********
Call to end Pakistan's blasphemy laws
A legal charity working for persecuted Christians in Pakistan is urging the
country's government to end the misuse of the blasphemy laws.
The blasphemy laws have been blamed for much of the persecution against
Christians in Pakistan and for increasing inter-religious tensions across the
country.
They stipulate that "whoever by words, either spoken or written, or by visible
representation or by any imputation, innuendo, or insinuation, directly or
indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon
him) shall be punished with death, or imprisonment for life, and shall also be
liable to fine".
Minority faith groups in Pakistan are living in constant fear of punishment, as
human rights groups say that the laws are frequently misused by extremists.
False charges are often bought against Christians in order to settle personal
scores or to seize property or businesses.
The Centre for Legal Aid, Assistance and Settlement (CLAAS) is asking the
Pakistani government to use Human Rights Day on Tuesday 10 December as
motivation to review the blasphemy laws and their place in the legal system.
Rimsha Masih, a teenage Pakistani girl with a low mental age, was recently
falsely accused of blasphemy as a result of her Christian faith. Her case was
discovered by the Western media and her family has since been taken into
protection in Canada.
CLAAS UK Co-ordinator Nasir Saeed says Rimsha is one of the few fortunate ones,
however.
"There are many victims of false blasphemy charges who are not lucky enough to
have their stories of injustice catch the world's attention," he says.
"These Christians face years behind bars awaiting trial or going through
tortured appeals processes. Others are at the mercy of mobs who may destroy
their property or kill them. In all these instances, the law is not on their
side."
The situation for Christians has since declined, as the Federal Sharia Court
ruled earlier this month that the Pakistani government should remove life
imprisonment as one of the punishments for blasphemy against the Muslim prophet
Muhammad, leaving only the death penalty.
Although it is as yet unclear whether the government will implement this new
law, it has the potential to be the cause of even more suffering to minority
faith groups in Pakistan.
No death sentence for blasphemy has ever been carried out in the country, but
those accused of the crimes are often left in prison for years as appeals are
carried out. One such victim is Asia Bibi, a Christian who was sentence to
death in November 2010 for blasphemy and who has been in prison ever since.
"It is deeply concerning that Pakistan seems to be taking steps to further
entrench the blasphemy laws and make the punishment even more severe. This does
not bode well for Christians and other minorities in Pakistan, and the
international community has a duty to challenge the country on this issue,"
asserts Mr Saeed.
CLAAS believes that trade deals should take human rights violations in Pakistan
into account.
Mr Saeed ended his statement with a call for religious freedom and equal rights
for all people in Pakistan.
"The Pakistani government has a responsibility to ensure extremists do not
simply get away with their hate crimes against minorities," he said.
"On Human Rights Day, the international community should send a clear message
to Pakistan that all human life should be respected."
(source: Christian Today)
MALAYSIA:
High Court Sets Jan 24 For Case Management Of Ambank Robbery, Officer's Murder
The High Court here Monday set Jan 24 for case management of Ambank Subang Jaya
robbery and its operation officer Norazita Abu Talib's murder.
High Court Registrar Hanie Dzatul Akhmar Zulkefli fixed the date in chambers
today in the presence of the accused, La Ode Ardi Rasila, and his lawyer
S.Selvi.
Selvi, who was appointed by the Indonesian Embassy to represented the accused,
told reporters that the date was set to enable the defence to receive the
documents related to the case. No plea was recorded La Ode Ardi Rasila, 36,
after being charged with 2 charges before Magistrate K.B. Elena Hong Tze Lan at
the Petaling Jaya Magistrate Court on Nov 19.
On the 1st charge, he was accused of killing Norazita, 37, inside the Ambank
building at No.5 and 7, Jalan USJ Sentral 2, Subang Jaya here between 6 pm and
6.30 pm on Oct 23.
The charge under Section 302 of the Penal Code carries a death penalty upon
conviction.
On the 2nd charge, he was accused of robbing the bank and firing a shot from a
pump gun with the intention of causing death to Norazita at the same time and
place.
The charge under Section 3 of the Firearms Act (Heavier Penalties) 1971 also
carries a death penalty upon conviction.
(source: BERNAMA)
IRAN:
2 Ahwazi Arab political prisoners face imminent execution
Iranian authorities moved 2 prominent Ahwazi Arab prisoners from Karoun Prison
to an undisclosed location on 7 December, prompting fears they could be
executed.
Iran Human Rights calls for the Iranian authorities to immediately overturn the
death sentences of the men, who were subjected to torture and unfair trials
that have been condemned by several UN experts. IHR's appeal comes just days
after 4 other Ahwazi Arab prisoners were taken from Karoun Prison and executed.
Hashem Shabani (32) and Hadi Rashedi (38) were sentenced to death for Moharebeh
("enmity against God"), Mufsid-fil-Arz ("corruption on earth") and spreading
propaganda against the system in July 2012 alongside 3 other political
prisoners. All are founding members of Al-Hiwar, a cultural institute that
promoted Arabic education, literature and cultural activities among deprived
Ahwazi Arab youth.
Insisting on his innocence and demanding a retrial before an impartial court,
Shabani has retracted the "confession" made following torture and has
repeatedly repudiated violence. In a letter smuggled out of prison, Shabani
wrote that he had written blogs and essays critical of the treatment of
minorities in Iran, including "hideous crimes against Ahwazis.
perpetrated by the Iranian authorities, particularly arbitrary and unjust
executions. Through this reporting, I was defending the legitimate right that
every nation in this world should have which is the right to live freely with
full civil rights. With all these miseries and tragedies, I have never used a
weapon to fight these atrocious crimes except the pen. "
The death sentences against the men were met with condemnation by a group of
five United Nations independent experts in January, who accused the Iranian
authorities of torture and unfair trials.
The European Union subsequently imposed sanctions on judge Seyyed Mohammad
Bagher Moussavi of Branch 2 of the Ahwaz Revolutionary Court who sentenced the
men to death as well as the officials responsible for broadcasting the
"confessions", head of IRIB World Service and Press TV Muhammad Sarafraz and
Press TV newsroom director Hamid Reza Emadi
(source: Iran Human Rights)
***********
6 Sunni prisoners on day 33 of hunger strike
Despite the physical weakness and severe condition of 6 Sunni prisoners of
conscientious of Ghezelhesar prison on the 33rd day of their hunger strike,
there is no sign of consideration from prison authorities.
According to the report of Human Rights Activists News Agency (HRANA), the
condition of 6 Sunni prisoners of conscientious has reached a critical point
but yet, they have not received any response from authorities.
An informed source told to HRANA's reporter: "Sunni prisoners have lost their
ability to move and any time there might be a bad news from prison."
Last Thursday, when prisoners wanted to use prison telephones which is located
in an open area, authorities kept these prisoners for 3 hours on their return
under snowfall.
Hamed Ahmadi, Kamal Moulayi, Jamshid Dehghani, Jahangir Dehghani, Sedigh
Mohammadi and Seyed Hadi Hosseini are in hunger strike, since Monday, November
4, 2013, in response to separation of criminal law negligence and their death
sentences.
(source: Human Rights Activists News Agency)
INDIA:
J&K MLA demands abolishment of death penalty
Demanding abolishment of capital punishment, an Independent MLA in Jammu and
Kashmir today led a protest rally near Lal Chowk and said that such measures do
not serve as a deterrent.
"Our demand is to the whole world community that death sentences should be
abolished because if such sentences solved problems, then after hanging Maqbool
Bhat, there would have been no Afzal Guru and after Guru's death, the youth of
Kashmir would have disassociated with the struggle," Langate MLA Sheikh Abdul
Rashid argued.
On International Human Rights Day, Rashid who had brought a clemency resolution
for the Parliament attack convict in the state assembly in 2012 led a protest
rally under the banner of his recently floated political outfit Awami Itehaad
Party.
He said while the world celebrates the Human Rights Day, the people of Kashmir
took the opportunity to remind the Centre of its promises made to them.
"The world celebrates Human Rights Day for upholding the human rights of the
people. We have given sacrifices to remind India of the promises of the 1st
Prime Minister Jawahar Lal Nehru about holding plebiscite in Kashmir," he said.
He said the Centre should shun its "arrogance" and "solve Kashmir issue".
The legislator demanded that the government declare the people "disappeared
from the custody of security forces" dead.
"They (disappeared persons) should be declared dead. The government should
close their files so that their families do not have to go through the
continued agony," he said.
On Aam Aadmi Party's good show in Delhi polls, Rashid said AAP chief Arvind
Kejriwal had taken a cue from him.
"He has taken a cue from me. It was I who made that change in 2008 in Langate.
I have discussed these things with him before. We hope the change (that) has
started from Kashmir, will reach New Delhi," he said.
(source: Business Standard)
BANGLADESH:
Govt to execute Quader Mollah as soon as possible
The government will execute the death sentence handed down to Jamaat-e-Islami
leader Abdul Quader Mollah as early as possible after finishing the relevant
legal procedures, State Minister for Home Shamsul Haque Tuku told The Daily
Star yesterday.
He made the remarks shortly after Attorney General Mahbubey Alam told reporters
at his office that the government could hang Mollah any day since there was no
legal bar to it after issuance of the warrant of execution by the International
Crimes Tribunal-2.
The home ministry is examining the process and laws regarding this, Tuku said,
adding that the war crimes convict, however, could seek presidential mercy.
According to legal experts, the president is supposed to approve or disapprove
a mercy petition within 15 days of its filing.
The attorney general said Mollah could not file a review petition as per the
International Crimes (Tribunals) Act, 1973 and the constitution. He further
said war criminals could not get relief under Article-47A (2) of the
constitution.
Now, the government will execute Mollah through an execution order, he said.
Law Secretary ASSM Zahirul Haque told The Daily Star that the home ministry was
the authority to decide when and how to execute Mollah.
Senior Jail Super of Dhaka Central Jail Md Farman Ali said they would execute
Mollah after receiving the order from the ministries of home and law. He,
however, refused to say whether Mollah will seek presidential mercy. "This is a
top secret."
Earlier yesterday, Quader Mollah's son Hasan Jamil told reporters at the
Supreme Court Bar Association that his father would decide whether to seek
clemency after consulting his lawyers. Some counsels will meet him at Dhaka
Central Jail today, he added.
On Sunday, the tribunal-2 issued the warrant of execution on receiving the full
text of the Supreme Court verdict that overruled the tribunal's life
imprisonment for Mollah and gave him the death penalty.
Mollah has been found guilty of murder and rape among other crimes against
humanity during the Liberation War in 1971.
(source: The Daily Star)
*****************
UN human rights experts urge Bangladesh to stop the execution of Abdul Quader
Mollah
2 United Nations human rights experts have urged the Government of Bangladesh
to halt the execution of Abdul Quader Mollah, who was sentenced to death on 17
September by the country's Supreme Court. The ruling, issued by the country's
highest court, cannot be appealed.
The UN Special Rapporteurs on the independence of judges and lawyers, Gabriela
Knaul, and on summary executions, Christof Heyns, expressed great concern about
information according to which Mr. Mollah's death sentence could be executed as
early as Tuesday, 10 December 2013.
The Appellate Division of the Supreme Court of Bangladesh condemned Mr. Mollah
to death after the Prosecution appealed the decision of the International
Crimes Tribunal condemning him to life imprisonment.
The Bangladesh International Crimes Tribunal is a special domestic court with
the jurisdiction and competence to try and punish any person accused of
committing atrocities, including genocide, war crimes and crimes against
humanity, in Bangladesh, including during the country's 1971 independence war.
"The right of appeal is of particular importance in death penalty cases,"
Special Rapporteur Knaul stressed.
"Anyone convicted of a crime has the right to have his or her conviction and
sentence reviewed by a higher tribunal, as laid down in the International
Covenant on Civil and Political Rights to which Bangladesh is a party," she
said. "This provision is violated where a court of final instance imposes a
harsher sentence that cannot be reviewed."
The independent experts also reiterated their concerns that the defendant was
not granted a fair trial.
???In countries that have not abolished the death penalty, capital punishment
may be imposed only following a trial that complied with fair trial and due
process safeguards,??? Special Rapporteur Heyns noted.
"Any death sentence undertaken in contravention of a Government's international
obligations is tantamount to an arbitrary execution," Mr. Heyns underlined.
"Only full respect for stringent due process guarantees distinguishes capital
punishment as possibly permitted under international law from a summary
execution, which by definition violates human rights standards."
The UN Special Rapporteurs cautioned that "under such circumstances, the
execution of Mr. Mollah could trigger further violence and unrest that has been
agitating the country in the recent months."
Judicial proceedings are underway in several other cases before the
International Crimes Tribunal and the Appellate Division of the Supreme Court
and there is a risk that the defendants could also be sentenced to death and
executed after trials that did not uphold the most stringent fair trial and due
process guarantees.
The UN Special Rapporteurs called for all the defendants before the Tribunal,
including the Appellate Division, to receive fair trials.
Gabriela Knaul took up her functions as UN Special Rapporteur on the
independence of judges and lawyers on 1 August 2009. In that capacity, she acts
independently from any Government or organization. Ms. Knaul has a
long-standing experience as a judge in Brazil and is an expert in criminal
justice and the administration of judicial systems. Learn more, log on to:
http://www.ohchr.org/EN/Issues/Judiciary/Pages/IDPIndex.aspx
The Special Rapporteur on extrajudicial, summary or arbitrary executions,
Christof Heyns (South Africa), is a director of the Institute for International
and Comparative Law in Africa and Professor of Human Rights Law at the
University of Pretoria, where he has also directed the Centre for Human Rights,
and has engaged in wide-reaching initiatives on human rights in Africa. He has
advised a number of international, regional and national entities on human
rights issues. Mr. Heyns??? research interests include international human
rights law and human rights law in Africa. Learn more, log on to:
http://www.ohchr.org/EN/Issues/Executions/Pages/SRExecutionsIndex.aspx
(source: UN News Centre)
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