July 4
MAURITANIA:
Mauritania transfers terror prisoners
Several convicted terrorists were moved from Salah Eddine prison to the
Mauritanian capital on Wednesday (July 2nd), Sahara Media reported.
The group includes Mohamed Ould Sidna and Mohamed Ould Chebarnou, who received
the death penalty for the 2007 Aleg slaughter of a French tourist family, and
Mohamed Abdallahi Ould Ahmednah, who was sentenced to death for the 2009
al-Qaeda killing of American teacher Christopher Leggett in Nouakchott.
The prisoners were transferred to Nouakchott following requests by their
families, as well as from human rights groups, for greater access.
(source: magharebia.com)
VIETNAM:
Vietnam court spares Cambodian drug mule from execution
Vietnam's top court on Thursday commuted the death sentence of a Cambodian
woman convicted for trafficking more than 5 kilograms of methamphetamine to
life in prison.
Hom Kosal, 37, was sentenced to death by a court in Ho Chi Minh City last
September. She appealed the sentence, producing documents to prove that she has
a child under 3 years of age.
In Vietnam, a death sentence pronounced on a woman with a child under the age
of 3 will be commuted to a life sentence.
On Thursday, Kosal told judges of the Supreme People's Court, Vietnam's highest
court, that she did not mention her child in the trial court because she was
unaware of Vietnamese laws.
Kosal was arrested at Tan Son Nhat International Airport in HCMC on April 21,
2013 after police found white some powder in her checked-in suitcase and tests
established that it was 5.2 kilograms of methamphetamine.
She told the court she got to know an African man during the time she worked as
a waitress at a restaurant in Phnom Penh in 2011.
The man invited her to Benin, a country in West Africa, 3 times.
Before the 3rd trip, he gave her US$1,300. In Benin, she met another African
man named Tony.
Tony asked her to bring the suitcase from Benin to Vietnam by air and then to
Cambodia by road, and promised to pay her $2,000.
Vietnam has some of the world's toughest drug laws. Those convicted of
smuggling more than 600 grams of heroin or more than 2.5 kilograms of
methamphetamine face the death penalty.
The production or sale of 100 grams of heroin or 300 grams of other illegal
narcotics is also punishable by death.
Vietnam officially switched from the firing squad to lethal injection in
November 2011. But it was not until last August that the country executed its
1st prisoner with the new method due to a shortage of the fatal serum required
to carry it out.
(source: Thanh Nien News)
UNITED KINGDOM/ETHIOPIA:
UK stands accused over extradition of Ethiopian opposition
leader----Andargachew Tsige, a British national, may face death penalty after
extradition from Yemen
The Foreign Office has been accused of failing to act to prevent the
extradition to Ethiopia of an opposition leader facing the death penalty.
Andargachew Tsige, a British national, is secretary general of an exiled
Ethiopian opposition movement, Ginbot 7. He was arrested at Sana'a airport on
23 June by the Yemeni security services while in transit between the United
Arab Emirates and Eritrea.
"The British knew he was being held in Yemen for almost a week but they did
nothing," said Ephrem Madebo, a spokesman for Ginbot 7. "We are extremely
worried about Mr Andargachew, because the Ethiopians kill at will."
The Foreign Office, which called in the Yemeni ambassador earlier this week,
said it was urgently seeking confirmation that Andargachew was in Ethiopia.
"If confirmed this would be deeply concerning given our consistent requests for
information from the Yemeni authorities, the lack of any notification of his
detention in contravention of the Vienna convention and our concerns about the
death penalty that Mr Tsige could face in Ethiopia," the Foreign Office said in
a statement.
It added: "The UK opposes the death penalty in all circumstances as a matter of
principle ... We continue to call on all countries around the world that retain
the death penalty to cease its use."
Ginbot 7 is among the largest of Ethiopia's exiled opposition movements. The
party was founded by Berhanu Nega, who was elected mayor of Addis Ababa in
2005. Refusing to accept the result, the prime minister, Meles Zenawi, declared
a state of emergency, which was followed by days of protest and clashes on the
streets of the capital.
Berhanu Nega was jailed, and founded Ginbot 7 on his release. Accused of
attempting to overthrow the Ethiopian government, he and Andargachew Tsige were
sentenced to death in absentia. Ginbot 7 was declared a terrorist organisation.
The party says it stands for the peaceful end to what it describes as the
Ethiopian dictatorship.
Andargachew was travelling to Eritrea, which has clashed with Ethiopia since a
border war between the 2 countries ended in June 2000.
The Eritrean authorities host a number of exiled Ethiopian movements, including
some attempting to overthrow the Ethiopian government.
Ana Gomes, a Portuguese member of the European parliament who led the EU
observer mission to the 2005 Ethiopian elections, has written to William Hague,
calling on the UK foreign secretary to intervene on Andargachew's behalf,
saying: "I urge you now to do the utmost to ensure his release and protection
and his return to the United Kingdom as soon as possible."
(source: The Guardian)
INDIA:
Nitish Katara murder case: Mother seeks death for convicts
The mother of Nitish Katara, who was abducted and killed in 2002, on Friday
sought death penalty for the 3 convicts including UP politician DP Yadav's son
Vikas saying they were a "menace to the society and there was no chance of
their reformation or rehabilitation".
Neelam Katara's counsel, during his arguments on the sentence before a special
bench of justices Gita Mittal and JR Midha, said that the convicts have also
committed several offences while remaining behind the bars, which showed no
remorse and repentance on their part.
"From 2002 to 2013, they (convicts) committed over eleven offences, which shows
no remorse and repentance. They committed these offences while remaining in
custody. This shows that there is no chance of their reformation and
rehabilitation.
Neelam Katara's counsel said that the convicts have also committed several
offences while remaining behind the bars."I am placing material which prove
they are a menace to the society and that itself will establish that there is
no possibility of their reformation. So, the only option is death sentence,"
advocate PK Dey, appearing for Neelam, told the bench.
Seeking enhancement of the sentence of life term to death penalty, the counsel
argued the eleven offences committed by them are not only criminal in nature
but it was a direct interference with the judicial administration.
Referring to Vishal, the counsel said while remaining in jail, he and other
convicts have threatened the prosecution and even tried to destroy the evidence
in the case, which suggests Vishal has no remorse and repentance.
Dey argued the convicts have committed the crime of honour killing which comes
under the category of the "rarest of rare" and they can neither be reformed nor
rehabilitated as they are habitual offenders.
The arguments which remained inconclusive will continue on July 11. During the
hearing, Delhi State Legal Services Authority (DLSA) OSD SS Rathi, who was
asked by the high court to enquire about the convicts' capacity to pay
compensation to the victims or their families, gave the report. Rathi in his
report said the "total expenditure incurred on this case by the exchequer is Rs
5.86 crores".
Giving details of the expenses, Rathi said that the then Special Public
Prosecutor B S Joon in the case has apprised that the cost of investigation in
the matter was around Rs 2 lakh in the year 2002.
"As such, the total approximate cost from the prosecution department side comes
to Rs 46.71 lakh. Total expenditure in the Witness Protection head comes to Rs
3.89 crores till date. "Total expenditure incurred by District Judiciary as
well as High Court registry is estimated to be Rs 73-74 lakh. All expenses
incurred by the Jail Administration in providing boarding and lodging of
accused/convicts is Rs 35.60 lakh," the report reads.
It said the expenses incurred in transportation, security and manpower for the
three convicts from jail to court/hospitals during trial and thereafter is Rs
39.95 lakh. In pursuance of a Supreme Court order, the Delhi High Court had
said three convicts will have to pay compensation to the family of Nitish.
The apex court had in a landmark verdict in Ankush Shivaji Gaikwad Vs UOI case,
said that under Section 357 of the Criminal Procedure Code, courts dealing with
criminal offences are bound to consider granting compensation to the victims or
their families.
Vikas, Vishal and Sukhdev Pehalwan are serving life term for abducting and
killing Nitish Katara, a business executive and son of an IAS officer, on the
intervening night of February 16-17, 2002. They did not approve of the victim's
affair with Bharti, daughter of DP Yadav.
The High Court had on April 2 upheld the verdict of the lower court in the case
by describing the offence as "honour killing" stemming from a "deeply
entrenched belief" in caste system.
Nitish Katara was abducted and killed by Vikas, his cousin Vishal Yadav and
co-convict Sukhdev Pehalwan as they did not approve of victim's affair with
Bharti, daughter of DP Yadav, as they belong to different castes, the court had
said. The high court had dismissed the appeals of the convicts and kept pending
2 separate pleas of the state and Neelam Katara seeking death penalty for them.
(source: IBN Live)
******************
Prosecution seeks death penalty, court to reveal sentence on July 7
The prosecution in the Pallavi Purkayastha murder trial on Thursday demanded
the death penalty for the convict, a security guard in the Wadala building she
lived in, saying he did not deserve any leniency.
"Sajjad Pathan was not supposed to only guard the lifeless building, but also
protect the people living there," Special Public Prosecutor Ujjwal Nikam told
the special women's court.
On June 30, the court had convicted Pathan for the molestation and murder of
28-year-old lawyer Purkayastha, who worked with Excel Entertainment, on August
9, 2012.
On Thursday, the court heard arguments on the sentence from the prosecution and
the defence, which opposed the death penalty for Pathan, saying the case did
not fall in the "rarest of rare" criterion.
Judge Vrushali Joshi will pronounce the sentence on July 7.
Purkayastha lived on the 16th floor of Himaliyan Heights in Wadala. According
to the medical report, she was stabbed 16 times on the night of August 9, 2012.
"The fact that he used a pair of duplicate keys to enter her house and was
carrying a knife shows that he had the intention to kill her," Nikam said on
Thursday, as he argued for the death penalty. "There were blood stains almost
everywhere in the flat, which show the victim's struggle." Nikam said that
there was no reason for the court to show leniency to Pathan.
A year after Purkayastha's murder, her fiance Avik Sengupta died of an illness.
Nikam said that Pathan was responsible for both the deaths. The special public
prosecutor also said that Pathan, in his phone conversations with a friend, had
referred to Purkayastha as an "item".
Pathan told the friend that he killed her because she resisted his attempts to
molest her.
Defence lawyer Wahab Khan, however, said the case did not fit the rarest of
rare category to award the death penalty.
He said that the prosecution had not even cited one example where a person
guilty of murder and outraging a women's modesty had been sent to the gallows.
"This is not a case of rape. Also, Pathan does not any criminal record," he
said.
(source: Mumbai Mirror)
CHINA----executions
China executes Ugandans over drugs----The 2 executed Ugandans were part of the
23 listed 2 years ago to be sent on death row while another 22 are serving life
in jail over similar offences.
Chinese authorities have executed two Ugandans convicted of trafficking
narcotics, the Foreign Affairs ministry has announced. Ministry spokesperson
Fred Opolot yesterday identified the convicts as Omar Ddamulira and Ham Andrew
Ngobi.
"Ddamulira was executed on May 21, 2014 while Ngobi was killed last week (June
24)," he said. "Their bodies were cremated but we have initiated talks with the
Chinese government to return the ashes to their families."
Mr Opolot said the 2 men's families were allowed to talk to them on phone
before they were executed.
By June 2012, Uganda's embassy in China had compiled a list of 23 Ugandans who
had been sent on death row in China over drug trafficking while another 22 were
serving life in jail over similar offences.
Uganda's Ambassador to China, Mr Charles Wagidoso, said most Ugandans caught in
the drugs trade, which is banned in many countries, are mere conduits of bigger
players. The diplomat said their investigations showed that most of the mules
(people transporting drugs) were paid an average of $5,000 (about Shs12
million) for each mission.
Part of the money, Mr Wagidoso said, is paid before undertaking the assignment
while the rest is offered upon successful delivery of the illicit drugs.
Whereas China is known for tough sanctions on drug traffickers, many of the
Ugandan suspects have had their death sentences commuted to life in prison or
long jail terms on grounds that they are not professionals but victims of tough
economic circumstances.
Explaining why then the 2 Ugandans could have been served the toughest
sentence, Mr Opolot said it could have been about how much drugs were found in
their possession.
"The Chinese did not avail us with details on how much drugs were found on the
suspects but that could have been a key determinant of the sentence. It could
also be that China is recording an increased number of such cases and therefore
wanted to take stern action,??? he told the Daily Monitor.
In 2009, China sparked a diplomatic row with UK and the European Union when it
executed a British national, Akmal Shaikh, who was found in possession of four
kilogrammes of heroin. The UK claimed Shaikh was mentally ill but China
insisted he had no record of a mental illness.
Yesterday, Mr Opolot warned that cases of drug trafficking among Ugandans were
on the rise and cautioned those involved to be wary of grave punishment in some
countries.
"The ministry wishes to inform and warn that drug trafficking is a serious
crime worldwide attracting grave punishment. Further the ministry urges all our
citizens travelling abroad not to indulge themselves in such crimes to avoid
the grace consequences they attract," Mr Opolot said.
In April, 24-year-old Shirat Nalwadda was convicted in Liberia for trafficking
1.2kgs of heroin worth Shs120 million. Nalwadda, who was the 1st foreigner to
be convicted of possession of narcotic drugs in Liberia, claimed that she was
used by a Nigerian trafficker. She is serving a 10-year jail term.
Ms Grace Akullo, the director Criminal Investigations and Intelligence
Directorate, says drug traffickers use Uganda because the punishments are
lenient once arrested.
She said of all the 52 cases they registered last year, 49 traffickers pleaded
guilty and they paid total fines of Shs35m before marching to freedom.
"Shs35 million fine doesn't match the drugs worth Shs109 billion they were
carrying. If our laws were like those of Kenya where they are fined thrice the
cost of contraband, they would feel the pinch," Ms Akullo said.
(source: Monitor)
KENYA:
Hanging loose: 'Please just have me killed, Mr President'
Joseph Mwathi Nyanjui wants to die at 24. The key to his death wish is held by
President Uhuru Kenyatta. Nyanjui, a death row convict, has written to the
president to allow prison authorities to execute him without much fuss.
The former hawker was sentenced to death in 2011 on robbery with violence
charges. Nyanjui, who was sentenced to death by Kiambu Magistrate Geoffrey
Oduor, maintains his innocence pending a Court of Appeal ruling.
His 1st appeal was at the High Court where the judges, Lydia Achode and Richard
Mwongo, upheld Judge Oduor's verdict.
The last born in a family of 4 is not hopeful of receiving any good news from
the Court of Appeal that is set to hear his appeal in 2 weeks. The prospect of
an agonising old age in the slammer is not one he looks forward to.
Joseph Nyanjui, whom we could not photograph as all electronic gadgets are left
at the prison's reception, claims he is being subjected to psychological
torture by being held indefinitely in death row, and would rather he was just
executed. Immediately.
But only President Uhuru can sign his death warrant under the law. In fact,
just this week President Uhuru released Daniel Wachira, a condemned man on
death row and 100 others through employing the 'Prerogative of Mercy' that the
president wields. Wachira was on death row for 24 years.
The problem with Nyanjui's plea is that no Kenyan slapped with the death
penalty has been executed in 27 years, even though the sentence still exists in
our penal code.
Another problem for Nyanjui, who has added weight at the Kamiti Maximum Prison,
which he disparagingly describes as being "fattened on state funds," is that
Kenya has no hangman.
The last long-serving executioner at the Death Pit (in Kamiti), Kirugumi wa
Wanjuki, died in 2009. This is curious, given that Kenya has more than 1,600
death row convicts doing time in prisons.
In 2009, Kenya had 4,000 offenders waiting to be hanged when retired President
Mwai Kibaki exercised the Power of Mercy and commuted their sentences to life
imprisonment.
About 5 years later, 1,600 convicts are languishing in death row waiting for
the hangman. Wanjuki served for 13 years at the Kamiti Maximum Security Prison
before quietly retiring and later dying at 86. He joined the Prisons Service at
37 and underwent training as a hangman before succeeding his predecessor, an
Asian man.
The Prisons Service has never trained another hangman, even though the death
penalty has not been abolished in Kenya. Crimes punishable by death include
murder, aggravated robbery, attempted robbery, treason, administering of oaths
and military offences.
A senior Prisons' officer said they have been pushing to have the death penalty
abolished as it was the source of many murders and violent crimes.
He said from their experience and interactions with jailed offenders, people
commit capital offences knowing they will not be killed as stipulated in law.
"We have been fighting to have the death penalty done away with completely,
because it is of no value, but instead is the root cause of security
challenges. People commit murder knowing very well that nothing will be done to
them. They know that upon conviction, they will while away their time in
prison," said the officer.
Many executions were carried out in Kamiti. Abortive 1982 coup plotters Pancras
Oteyo Okumu and Hezekiah Ochuka Rabala, were the last to be hanged on May 17,
1987.
Ochuka met his death with "composure and defiance" Kirugumi recalled in a 2004
interview.
On murder, the penal code states: "any person who of malicious aforethought
causes the death of another person by an unlawful act or omission is guilty of
murder."
It goes on to say that any person convicted of murder shall be sentenced to
death.
Pursuant to the Kenya Defence Forces Act, treachery, spying, aiding enemies of
the state, assisting enemies with intelligence information, misconduct, mutiny
and unlawful advocacy for a change of government are all death-eligible
offenses for members of the Kenya Defence Forces.
Treason is punishable by death. A variety of acts, including sedition, intended
to undermine or overthrow the government, harm or kill the president or
instigate or engage in war against the Republic of Kenya, are deemed as acts of
treason.
Prisons Commissioner General, Isaiah Osugo, did not respond to our call and
text message.
A Prisons source intimated that should circumstances demand the need for a
hangman, the services of the military are likely to be sought. Military
spokesman Bogita Ongeri promised to crosscheck this claim and revert back to
The Nairobian.
(source: Standard Media)
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