Apr. 20
MALAWI:
Malawi Muslims Advocate Death Penalty
The Muslim community in Malawi have been calling for the re-activation of
capital punishment in the country's legal system as a deterrent to a rising
wave of crime rate in the southern African nation.
"Ever since the adoption of the new political order in 1993, post - democratic
governments in the country have not respected the constitution by not signing
execution warrants for dangerous criminals who commit very serious crimes for
fear of losing popularity," Dr. Imran Shareef, Secretary General of the
country's supreme Muslim body, Ulama Council of Malawi told OnIslam.net. "But
this has fueled crime rate, which is even scaring prospective investors.
Criminals have gone on the prowl killing and robbing violently without mercy,"
he added.
Call for Canceling Death Penalty: Islamic View
Shareef, one of the country's renowned scholars, said as much as democracy has
brought liberation to the country's citizenry, it has also brought its own
share of bad effects, including uncontrolled freedom which afforded dangerous
criminals opportunities to unleash terror on innocent people.
In 1993, after 3 decades of 1 party dominance in one of the world's most
impoverished nations, Malawians decided in a referendum to revert to
pluralistic politics.
Since then, there have never been any executions of criminals sentenced to
death by courts.
"The rate of crime in Malawi has reached alarming and worrisome levels.
Criminals are not afraid of being hanged, because there is lack of political
will to sign death warrants," he said.
"It is for this reason that we are pleading with those in authority to uphold
this clause of the constitution in order to minimize rising levels of crime
rate."
President of the Malawi Law Society (MLS) John Gift Mwakhwawa said although the
last post democratic regimes in the country have avoided signing execution
warrants, capital punishment was still legal in the country's statutes.
"Legally, capital punishment is still there in the Malawi Constitution, only
that there has never any political will to sign death warrants for particular
inmates on death row.
"The move taken by the Muslim community is highly commendable, but what they
can do is to persuade the president (Joyce Banda) to sign warrants so that
offenders on death row could be executed," Mwakhwawa, told OnIslam.net,
however, adding that death penalty was not mandatory.
"Capital punishment was not mandatory. However, the courts could still impose
it on offenders. But it is only up to the president to sign it or not."
Soft Stand
Noting that the capital punishment was still legal in Malawi, the legal expert
Mwakhwawa asserted that politicians lacked the will to apply it.
"Using capital punishment to deter crime rate could only work if there is a
political will to have it affected," he told OnIslam.net.
"But much as I agree that crime rate is on the rise in the country, but unless,
there is a political will from a sitting president, there is no way capital
punishment can be enforced.
"Our political leaders are afraid of losing popularity in the event that they
sign death warrants, because in the past, capital punishment was associated
with political repression, therefore no leader is ready to take this country
back on this road," the MLS president added.
Malawian traditional leaders, who enjoy some semblance of influence in certain
aspects of governance, have also voiced out their concerns on the "soft stand"
taken by political leaders over the past years, to enforce some clauses of the
law in the country's constitution.
"The absence of political will to sign death warrants has created a fertile
ground for criminals to break the law at their own will," Senior Traditional
leader, Mulumbe told OnIslam.net.
"Malawians in the post-democratic era have not enjoyed maximum security,
because criminals also claim to have right to life. It is regrettable that that
we are in this situation, where in an attempt to score cheap political points,
our political leaders just watch as our nation descend into anarchy," he added.
The secretary general of the Ulama Council of Malawi warned that dropping death
penalty has galvanized criminals who were no longer facing gallows.
"Our stand as Muslims is that capital punishment should be enforced to ensure
that this country is safe from criminals who are on the prowl. All sectors of
the society are of the view that this clause of the constitution provides hope
to this country which has now descended into almost state of lawlessness," said
Shareef.
"During previous constitutional conferences, delegates from across all sectors
of Malawi society protested against any attempts to have the clause removed,
fearing that lawlessness would become a norm in the country. Therefore, by not
signing any death warrants, besides breaking the law, our presidents are also
going against the wishes of the people they are governing."
Since 1993, there have been debates among individuals, religious and human
rights organizations on whether to abolish death penalty or not. However calls
for re-activation of the death penalty in the country's constitution have been
deafening.
"Our message as Muslims to those in authority is that they should strive to
uphold the constitution which they swore to protect and at the same time," said
Shareef.
"They should respect the sanctity of life of those in the majority who are
feeling the consequences of their lack of willingness to enforce death penalty
for dangerous criminals."
(source: OnIslam.net)
PAKISTAN:
Safety concerns: Saulat Mirza, other high-profile prisoners moved to
Balochistan
The prison authorities have informed the Sindh High Court (SHC) that 4
high-profile prisoners, including Muttahida Qaumi Movement???s convicted
activist Saulat Ali Mirza, have been shifted to Balochistan.
They have been transferred to the Machh jail under the lawful order of a
competent authority and the home department as provided under rule 149 read
with 150 of the Pakistan Prison Rules 1978, the Karachi Central Jail
superintendent told a court bench during the hearing of a petition against
shifting Mirza away from the city.
The superintendent said that there are around 5,200 inmates - most of them
being high-profile, hardened and professional criminals - who are at the
Karachi prison. Hundreds of them either belonged to banned outfits or are
involved in the breakdown of the law and order situation in Karachi.
The jailer told the judges that the jail authorities have received potential
threats through various agencies about a possible attack on the jail, which
could endanger the lives of the inmates and the innocent citizens living in the
vicinity of the prison. Due to the presence of dangerous inmates, armed
assaults similar to the ones in Bannu and Dera Ismail Khan jails are
anticipated, he added.
He maintained that to thwart any possible terrorist attack and to disperse the
high-profile inmates, the Sindh government placed the matter about the transfer
of the prisoners before the SHC chief justice, who passed orders for their
transfer to other prisons in other parts of the province along with their
cases, which shall be heard in their respective courts and decided promptly.
Case history
Farhat Ali Khan, Mirza's brother, had gone to the SHC last month, questioning
the rationale behind shifting his brother to another province. The petitioner
said his brother, Saulat Ali alias Saulat Mirza, was sentenced to death by an
anti-terrorism court in Karachi on May 24, 1999, which found him guilty of
murdering the then managing director of the Karachi Electric Supply Company
(KESC), Malik Shahid Hamid, his driver Ashraf Brohi and guard Khan Akbar on
July 5, 1997, in the Defence Housing Authority area of Karachi.
According to him, the SHC and the Supreme Court had earlier dismissed appeals
against the death penalty of the convict on January 21, 2000, and September 14,
2001, respectively. Later the Supreme Court also rejected the review appeal on
March 9, 2004. Now, the mercy appeal is pending before the president.
He complained that the respondents have shifted Mirza to the Machh jail in the
second week of February without obtaining an order of a competent authority or
any notification. Ever since the family has been unaware of Mirza's particulars
and health, the lawyer said. He pleaded the court order his transfer back to
Karachi.
Taking up the superintendent's comments on record, Justice Ahmed Ali M Sheikh
adjourned the hearing till April 24.
(source: The Express Tribune)
*************
Asia Bibi appeals hearing delayed again, she's been jailed since 2009
Appeal proceedings have been delayed again in the case of Asia Bibi, the
Christian woman sentenced to death for blasphemy. This is the 3rd delays, now
coming 1 month after the delay in March.
Lahore High Court Judges Sardar Tariq Masood and Abdul Sami Khan adjourned the
case shortly after the hearing begun and arguments presented. Court sources
said that a new date for the appeal is expected quickly in a case that began
with the woman's arrested back in 2009.
For several months, extremist groups have also been making threats against the
judges in order to pressure them to confirm the death penalty imposed by the
lower court. However, the woman's lawyers said they remain confident and
hopeful that the High Court will soon overturn her conviction and let her go.
In recent days, Pakistani Christians have promoted days of fasting and prayeron
behalf of Asia Bibi and Sawan Masih, both of whom are innocent but sentenced to
death under the infamous "black law".
The blasphemy laws say 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."
In 2009, Bibi was working for a Muslim landowner on a farm. The Muslim women
told Asia about Islam, and Bibi responded by telling the Muslim women that
Jesus is alive.
"Our Christ sacrificed His life on the cross for our sins...Our Christ is
alive," she said.
She was then punished, charged with blasphemy and sentenced to hanging.
(source: The Global Dispatch)
EGYPT:
Hundreds Protest Egypt's Death Sentences in Bosnia
More than 200 demonstrators gathered in the Bosnian capital to protest against
the death penalty for 529 members of the Muslim Brotherhood in Egypt.
The crowds chanted slogans on Saturday such as "Muslim Brothers
shoulder-to-shoulder", "Morsi, we are with you" and "Peace for Muslim
Brotherhood and resistance".
A dozen people in the crowd stood wrapped in white sheets which, according to
Islamic tradition, are used to wrap the dead.
Some of the demonstrators brought ropes and platforms symbolizing the gallows.
Most of the demonstrators were students from the International University of
Sarajevo and Association Egyptian Unity. The protest in Sarajevo was held
peacefully and without incident.
(source: Daily Sabah)
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