July 19
UNITED ARAB EMIRATES:
FNC debates counter-terror draft law behind closed doors; A person need only
threaten, incite or plan any terrorist act to face penalty of perpetrators
Called back from its summer recess for an extraordinary session, the Federal
National Council will discuss behind closed doors tomorrow (Monday) a draft law
stepping up the fight against terrorism.
Convicted terrorists will face capital punishment, life imprisonment and fines
of up to Dh100 million, according to a new legislation.
The 70-article bill establishes "terrorist" capital offences which result in
the death of a victim including attacks on a head of state or his family or a
representative or officer of a state; coerced recruitment of individuals into a
"terrorist" organisation; hijacking; hostage-taking; infringement of diplomatic
or consular premises in committing a "terrorist" act; use of nuclear, chemical
or biological weapons and assaulting security forces.
For equal criminal acts, offenders with terrorist intent will receive much
greater penalty than those without.
A person need only threaten, incite or plan any terrorist act to be prosecuted
as a terrorist and punished with the same penalty for perpetrators of these
acts, states the bill, fast-tracked by the government.
Sources said the UAE, a signatory to 13 international treaties on terrorism, is
revising its counter-terrorism law, issued in 2004, to better combat evolving
threats.
Signing up to a terrorist organisation will be punished with the death penalty,
while an attempt to join any such organisation will cost the offender a life
imprisonment, states the draft law, of which a copy has been obtained by Gulf
News.
Capital punishment or life imprisonment is the penalty for a person who
commissions or runs a training centre for terrorist operations.
"Whoever seeks or communicates with a foreign state, terrorist organisation or
with anyone who works for their interests, to commit any terrorist act shall be
punished with imprisonment for life while the death penalty will be imposed if
the terrorist act has been carried out," the bill suggests.
The draft law states that an attempt on the life of the president of the State,
the vice-president, members of the Supreme Council, crown princes, deputy
rulers or members of their families will be punishable with the death sentence.
The same penalty will be inflicted on those convicted of committing an attempt
on the life of persons covered by international protection.
The penalty for compelling the President of the State, the Vice-President, the
prime minister, a minister, speaker and members of the FNC to take or refrain
from an action will be life imprisonment.
Taking or refraining from carrying out an action that threatens the security of
the country, its integrity or sovereignty will be a crime punishable by the
death penalty or life imprisonment. The same penalty will be inflicted on those
convicted of committing or refraining from taking any such action with the
intent to overthrow the government, suspend any article of the constitution,
stop any public institution from discharging its responsibilities or harm
national unity or social peace.
The draft law will also authorise the Cabinet to set up lists of designated
terrorist organisations and persons.
The Cabinet will also establish counselling centres where convicted terrorists
will receive intensive religious and welfare counselling in jails in a
programme targeted against future threats posed by those holding extremist
views, according to the draft law.
Every legal person whose representatives, managers or agents commit or
contribute in the commission of any of the terrorist offences provided in the
draft law, would receive a fine ranging between Dh1 million and Dh100 million.
Establishment of a committee to be named "The National Committee for Combating
Terrorism" has been suggested, and a decision in this regard will be made by
the Cabinet.
The bill makes it a crime punishable with up to 10 years' jail for any person
who does not provide authorities with information relating to any terrorist
activity.
(source: Gulf News)
INDIA:
President rejects mercy pleas of Nithari killer, 5 others
It's the gallows for Nithari serial killer Surinder Koli and 5 other death row
convicts with President Pranab Mukherjee rejecting their mercy petitions as
advised by the home ministry. The files relating to the 5 mercy pleas, 1 of
which involves 2 sisters, were cleared by the President and returned to the
home ministry last week.
Sources indicated that the home ministry has already written to the states
concerned - Maharashtra (from where 2 petitions relating to 3 convicts were
received), UP, Madhya Pradesh and Assam (1 case each) - to set in motion the
process of execution of the death row convicts.
Apart from Koli, awarded death in the bone-chilling case of abduction, abuse
and murder of several minors in Noida's Nithari village, the others whose
clemency pleas were rejected are Renukabai and Seema, 2 sisters from
Maharashtra convicted of kidnapping and brutally murdering several children;
Rajendra Prahladrao Wasnik of Maharashtra, convicted of raping and murdering a
minor girl; Jagdish of Madhya Pradesh who killed his wife and 5 children; and
Holiram Bordoloi of Assam, who had burnt 2 people and hacked another to death
in public in 1996.
Union home minister Rajnath Singh had recommended to the President on June 18
to reject the mercy petitions in all 5 cases.
Though the 6 death row convicts may still challenge the rejection of their
mercy petition, the gap of 3 years and less between upholding of death sentence
by the apex court and scrapping of clemency plea in three cases may not qualify
for relief.
The Supreme Court had in February this year commuted the death sentences of 15
death row convicts to life imprisonment on grounds of inordinate delay - which
it did not quantify, though in the relevant cases it ranged from 7 to 11 years
- and mental illness.
Incidentally, the government has decided to file a curative petition in the
Supreme Court seeking reconsideration of the February order.
Koli, in any case, may have little room for judicial reprieve on grounds of
delay as his death sentence was confirmed only in 2011. The same fate may await
Wasnik, whose death sentence was confirmed by the Supreme Court in 2012, and
Jagdish, whose capital punishment was upheld in 2009.
As for the other cases, the death penalty for the 2 sisters was confirmed by
the Supreme Court in 2006 and that Holiram Bordoloi in 2005. It will be
interestingly to see whether this is viewed as "inordinate" delay on part of
the Executive in deciding their mercy pleas.
(source: The Times of India)
ENGLAND:
The death penalty rises
This week's reshuffle gained a huge amount of media and airtime, as it was
surely meant to, and coincidentally prevented much coverage of the on-going
investigation of paedophilia among the establishment and also prevented proper
scrutiny of the DRIP intelligence intercepts legislation.
It was cast as a triumph for women in the Cabinet, though in reality there was
an increase of a sole post going to a woman over that which we had back in
2010. Beyond the manufactured plaudits and preening for the cameras, the
reshuffle introduced something that the country has not seen for some while.
Extremist views
In promoting Priti Patel to the Cabinet, in a Treasury role, David Cameron
rewarded someone who has views that many categorise as extremist. Priti Patel
is an advocate for the re-introduction of the death penalty.
After starting her working life in Conservative Central Office as part of the
Research Department, Patel moved into a succession of PR roles, culminating in
a job at super-agency Webber Shandwick, where one of her client list was
British American Tobacco. This later led to some controversy as to her
impartiality on the decisions for plain packaging for cigarettes being put
before the Commons.
In September 2011, on an appearance on BBC's Question Time, she argued
passionately for the re-introduction of capital punishment.
Background and influences
Her parents were Ugandan immigrants from Navsari in India, and were subjected
to Idi Amin's ill-treatment and subsequent expulsion of naturalised Ugandans
originally from the Indian sub-continent. This expulsion was rapid, those being
expelled being given only 90 days' notice and sometimes brutal. It would be
easy to write off Patel's predisposition towards capital punishment as being a
product of what she witnessed first-hand at this time, but her family's transit
to a new life in Britain was completed before she was 6 months old.
Her clash with Private Eye's Ian Hislop is well documented and available on
YouTube, where he comprehensively demolishes her arguments for capital
punishment's re-introduction. Yet her beliefs appear sincerely held.
If the right wing of the Conservative Party, this week markedly in the
ascendancy, are resurgent, the death penalty will certainly be promoted as a
policy.
Arguments against
So what are the arguments against its re-introduction?
Ignoring the obvious arguments of injustice, such as the Derek Bentley case,
where the ambiguous plea to a co-conspirator to burglary to give up the firearm
his accomplice was pointing at a police officer, of "let him have it", was
enough to see Bentley sentenced to death by hanging, the most compelling
argument against the re-introduction of the death penalty comes from an
unexpected quarter.
The 16th of December 1969 saw 185 MPs vote for the abolition of capital
punishment with 158 voting against its being struck from the statute books. The
final executions in the UK were those of Peter Anthony Allen and Gwynne Owen
Evans on 13 August 1964, for the murder of John West.
Fred West
2 years prior to the abolition, Frederick Walter Stephen West's 1st wife
introduced a friend, Anne McFall to her husband. McFall became inexplicably
infatuated with West and became pregnant by him. In August 1967, McFall went
missing. Her remains were not discovered until 1994. So began a 20 year reign
of terror, rape and murder at the hands of Fred West. 11 known victims and 13
probable victims of Fred and Rosemary West have been identified. Following the
sexual exploitation of his own daughter and her complaints to friends at
school, Fred West was investigated and arrested.
On New Year's Day 1995, while on remand awaiting trial, Fred West committed
suicide by hanging himself.
Harold Shipman
In an overlapping period, of between 1975 and 1998, Harold Shipman - a GP based
in Hyde, Manchester began systematically murdering elderly and infirm patients
that he was called to attend. He is on record as the most prolific of serial
killers in the UK, with his victims simply being estimated at 250+, as he was
able to kill and then certify their death through conceivable events himself.
At around 6:20am on 13 January 2004, Harold Shipman was found dead in his cell
at Wakefield Prison, through hanging by a noose he had fashioned through
bedsheets, tied to the bars of the window to his cell.
The Home Secretary at the time, David Blunkett, said of being notified of
Shipman's suicide, "You wake up and you receive a call telling you Shipman has
topped himself and you think, is it too early to open a bottle? And then you
discover that everybody's very upset that he's done it." Justice and
understanding of the motivation for the death of their relatives would be
denied forever to the relatives of Shipman's victims.
Fred West was on remand awaiting trial and was expecting a hefty prison
sentence, while Harold Shipman had already received a whole-life term, meaning
that he would never again be a free man. It is likely that Fred West would also
have received a whole-life term, given the danger to the public that he
represented. Neither man could live with either the guilt of reflecting upon
their crimes, or the prospect of spending every moment of the rest of their
lives incarcerated. For them, death by suicide was an easier and preferable
option to prison; death no longer held the primary spot in their fears.
Celebrity endorsement
So, when a rising star of the Conservative Party's right wing, a proponent of
the death penalty is promoted despite having views that are at odds with the
current judicial system and with the majority of the electorate, it is time to
reflect on who we have representing us.
To have your policies endorsed, through action, by Fred West and Harold Shipman
should bring your fitness to govern into question by your constituents.
(source: The London Economic)
BANGLADESH:
Bangladesh metes out harsh punishments for Ramna perpetrators; 8 radical
Islamists receive death penalties and 6 more get life sentences for the 2001
bombings that killed 10.
Jannatul Ferdousi Shilpi, 17, yearned to witness the annual cultural show
heralding Pohela Boishakh, the 1st day of the Bengali calendar, in Dhaka's
Ramna Park.
13 years ago to get ready for the programme, she and her 2 cousins, Reazul
Haque, 20, and Mamun Gazi, 22, travelled from their remote home in southwestern
Baufal to her brother's house in Dhaka.
They woke up early April 14th to secure a vantage spot 10 metres from the stage
where the singers performed.
At around 8.15am, an explosion in the jam-packed audience sent everyone running
for cover.
15 minutes later another blast ensued. Shilpi, Haque and Gazi were among the 10
people killed in the explosions.
After a 7-year investigation, police confirmed the heinous act was the work of
outlawed Harkat-ul-Jihad al-Islami (HuJI).
More than 13 years after the grisly attacks, the victims' family members
rejoiced as a Dhaka court on June 23rd handed down capital punishment to 8
militants and life sentences to 6 others.
Mastermind Mufti Abdul Hannan and his accomplices Akbar Hossain, Arif Hasan,
Maulana Tajuddin, Hafez Jahangir Alam, Maulana Abu Bakr, Mufti Abdul Hye and
Mufti Shafiqur Rahman received the death penalty.
Tajuddin, Alam, Bakr, Hye and Rahman remain at large.
Shilpi and her cousins "left the village to be present at the Ramna Botomul to
celebrate the Pohela Boishakh . But we never thought they would leave us
forever," Kamrul Hasan, a cousin living in Baufaluakhali, told Khabar South
Asia. "They went to enjoy the performance. Was it their sin?"
Shipli's mother died around 5 years ago. Her blind father Hashem Gazi, is still
alive. "I can die in peace if I could see their execution," he told Khabar
about the perpetrators. "They are the enemy of Islam."
In the chargesheet, the police said the militant group targeted the Ramna
Botomul - an area of the park - because it considered the cultural activities
"unIslamic".
Judge Ruhul Amin said in the verdict the attack was "brutal, barbaric, heinous
and unpardonable". "This is not a political case. ... Those who died in the
attacks were commoners," he said. "People of all faiths and ethnicities came to
celebrate the Pohela Boishakh."
Sanjida Khatun, president of hosting event and cultural organisation Chayanaut,
was satisfied with the judgment.
"This is an attack against our culture. We never thought that there will be an
attack on the traditional cultural event," Khatun said.
Former Inspector General of Police Abdul Quayum told Khabar that HuJI launched
attacks on cultural gatherings until Hannan's arrest in 2007.
"The militants and terrorists are the enemy of everyone," he said. "All
political parties must stand against them and the terrorists must be punished."
(source: Khabar South Asia)
SINGAPORE:
2 hanged after forsaking chance to escape gallows
2 convicted drug traffickers who chose to forsake their legal avenues to escape
death row were hanged yesterday, becoming the Republic's 1st executions since
all capital sentences were put on hold 3 years ago as death penalty laws
underwent review.
Tang Hai Liang, 36, and Foong Chee Peng, 48, could have gone through a
re-sentencing process and possibly be handed a life imprisonment term and
caning.
But both Singaporeans opted out of the process, telling an Assistant Registrar
in the High Court they "understood the consequences of their respective
decisions" the Central Narcotics Bureau (CNB) said, in a statement yesterday.
They also elected not to petition the President for clemency, it added.
Why they did not want the chance to be considered for re-sentencing was not
stated. But the CNB said both of them had been accorded full due process,
adding that they were represented by counsel throughout the process.
All 9 death-row inmates who have undergone re-sentencing since new laws
allowing judges the discretion not to pass the death sentence came into force
last January have escaped the gallows, said a separate statement yesterday from
the Ministry of Home Affairs (MHA). These included convicted murderers and drug
offenders, including Yong Vui Kong, the 1st drug trafficker to be handed a
reprieve last November.
Tang and Foong had, in separate cases, been sentenced to death for trafficking
diamorphine - the pure form of heroin - in November 2010 and April 2011,
respectively, the CNB said.
At that time, those convicted of trafficking 15g or more diamorphine are
automatically handed the death penalty under the Misuse of Drugs Act - Tang was
found with 89.55g, while Foong had 40.23g.
But in July 2011, the Government placed a moratorium on all executions as it
reviewed mandatory death penalty laws here. When the changes were passed and
kicked in last year, it was announced that all drug offenders on death row then
would be given the opportunity to elect to be considered for re-sentencing.
Tang and Foong gave up the chance, however - although both had appealed against
their convictions previously.
When Tang learnt that his family had submitted an unsigned petition for
clemency without his knowledge, he indicated that he did not wish to make the
appeal, the CNB said. The petition was turned down and his family was informed,
it added.
Tang's and Foong's death sentences were carried out at Changi Prison Complex
yesterday. The last hanging was carried out in July 2011.
Meanwhile, the Singapore Working Group for the Death Penalty issued a statement
last night saying they were "gravely disappointed" at the executions.
They argued that an ongoing constitutional challenge filed by another drug
offender at the Supreme Court - which will be heard on Aug 18 - could have a
bearing on the lawfulness of Foong's and Tang's executions and thus it was
"deeply unjust" to have executed them before the hearing.
The group, which is made up of We Believe in Second Chances, Think Center and
Singapore Anti-Death Penalty Campaign, also claimed that it had written to the
President and the Minister of Home Affairs on Thursday to highlight the
situation and ask for an urgent stay of execution.
The MHA did not respond to queries by press time. In its statement, the
ministry said: "Capital punishment applies only to the most serious offences
that cause grave harm to others and to society.
"All persons who are sentenced to capital punishment are accorded full due
process under the law, including the opportunity to appeal to the Court of
Appeal. They can also submit a petition for clemency."
It also gave an update on the 35 cases - 7 for murder and 28 for drug offences,
including Tang and Foong - awaiting capital punishment as of Jan 1 last year.
Since then, 1 more person has been sentenced to death. 1 inmate has had his
conviction overturned, while another passed away from natural causes, MHA said.
As for the 9 persons who have escaped the death penalty after re-sentencing,
the Attorney-General's Chambers has filed appeals in 2 of the cases, it added.
The remaining 22 cases are at various stages of the appeal, re-sentencing or
clemency processes, or have filed other legal challenges, said MHA.
(source: todayonline.com)
IRAN:
Call to save the lives of 5 political prisoners on hunger strike
The Iranian Resistance calls to save the lives of 5 political prisoners in
Ghezel-Hessar and Gohardasht prisons in Karaj. It also asks all international
authorities and human rights organizations to take urgent action to consider
the demands of these prisoners, to stop antihuman pressures against them, and
to abolish death sentence for 4 of them.
4 Kurdish Sunni prisoners by the names of Hamed Ahmadi, Kamal Malai, and
Jamshid and Jahangir Dehghani (2 brothers) are in dire physical conditions due
to having been on hunger strike for 35 days. They were accused and sentenced to
death only for their religious beliefs and being charged with 'propagating
against the state, corrupt on Earth and Moharebeh (waging war on God)' by the
mullahs' judiciary. They went on hunger strike after they were transferred from
Gohardasht to Ghezel- Hessar prison to be executed. These 4 prisoners had also
gone on hunger strike for 75 days 4 1/2 months ago in protest at issuing their
death penalty.
The 4 prisoners on hunger strike have lost weight for 10-15 kilograms and their
blood pressure has dropped to 6-8. Each of them has already gone unconscious
several times and the period of their unconsciousness has also increased. In
addition to psychological tortures, they suffer pain in their waist and
kidneys, blurred vision and severe stomach hemorrhage. Having on the clothes of
prisoners on death row and being humiliated, they are kept in dark and narrow
crypts without minimum facilities. In the hot summer weather, the prison guards
avoid giving cold water to these prisoners who are also fasting, even at the
time of breaking their fast. In order to justify their antihuman behavior, the
prison guards say to the prisoners, "we have no responsibility before you,
because you were brought here temporarily and just for executing your death
penalty."
The regime's agents such as Khodabakhshi, the judge supervising the prison;
Sohrab Soleimani, General Head of Tehran prisons; and Ali Hosseini, head of
Ghezel-Hessar prison; do not give any response to the follow-ups by the
afflicted families of these prisoners, and just waste their time by giving
false answers.
The physical condition of Reza Shahabi, a political prisoner and a member of
Tehran Bus Company Syndicate, has also deteriorated due to being on hunger
strike for 48 days. During past days when he was taken to hospital for his very
poor condition, his hands had been cuffed to his bed. Reza Shahabi is on hunger
strike since June 1st in protest at transferring him from ward 350 of Evin
prison to Gohardasht prison. Mullahs' intelligence agents have barred his
visitation with his family members. His waist and neck have been harmed
seriously due to tortures, yet the torturers prevent him from going under
surgery despite doctors' recommendation.
In the meantime, Mr. Mohammad Amin Agoushi, a political prisoner and a retired
teacher, has been transferred to the confinement cell of isolation ward, where
is nothing but a torture chamber, since last week. He has been on hunger strike
since July 8th in protest at being exiled to Zahedan central prison.
(source: Secretariat of the national Council of Resistance of Iran)
PAKISTAN:
No death penalty upsetting law enforcement agencies
Prime Minister Muhammad Nawaz Sharif and the top military command have though
expressed "serious concern" over the courts' inability to punish terrorists,
they have conveniently ignored the fact that thousands of those sentenced to
death by the judiciary are not being executed because of the government's
moratorium on death penalty.
While the government tried to shift the responsibility to the courts for poor
prosecution and non-implementation of death sentence, the law-enforcement
agencies are generally seriously upset by the moratorium on death penalty,
which has been continuing since 2008.
According to reports, thousands of criminals, including terrorists, target
killers, murderers and those involved in other heinous crimes, are not being
executed for the last 6 years because of the government's decision to
informally suspend death punishment on the EU pressure. Some recent media
reports have been showing the number of such convicted prisoners at around
8,000. These prisoners have already exhausted all their judicial appeals and
their conviction has even been endorsed by the Supreme Court.
Like the PML-N government, the last PPP regime that placed the unofficial
moratorium on death penalty in 2008 had also been accusing the judiciary of
releasing the accused terrorists but never saw the wrong on its part.
As against the government's stance, the judiciary has also been pointing out
how crime could be controlled when convicted killers and murderers are not
being hanged. In particular, senior Sindh High Court judges have been pressing
for the implementation of death convictions. According to sources,
law-enforcement agencies in the recent years have been repeatedly asking the
governments to lift the informally imposed moratorium on death penalty but it
was never done. When the Nawaz Sharif government came into power, it once
announced the resumption of death penalty but soon got it reversed.
It is said that moratorium on death penalty has been imposed by Pakistan
following pressure from the European countries. It is said that one of the
unwritten conditions attached to the GSP Plus status offered to Pakistan by the
EU was the continuation of moratorium on death penalty.
Poor police investigations and ineffective prosecution are also considered
major reasons for the release of a large number of accused terrorists.A few
years back, an official report of the Rawalpindi district prosecutor showed
that the pathetic performance of police, intelligence agencies, indifference of
the military officials and public prosecutors concerned had actually led to the
release of suspects involved in the otherwise high-profile murder of the then
serving Surgeon General Lt Gen Mushtaq Beg in a Rawalpindi terrorist attack.
For similar reasons, the accused involved in certain other high-profile cases,
including the Marriott Hotel attack and failed attempt on the life of ousted
military dictator Musharraf, too have been released by the courts. Without
keeping their own house in order, some of the provincial ministers and federal
authorities have been trying to pass the buck to the judiciary.
Pakistan is among those countries where the conviction rate is poor. But
despite the poor conviction rate, it is believed that the pronounced execution
of convicted terrorists and those involved in heinous crimes would help create
the much-needed deterrence against crime. Generally, people believe that
terrorists and criminals are having a field day in today's Pakistan as they
freely choose their targets and hit and kill innumerable innocents but are
never caught. Many of those caught are released by the courts for want of
evidence whereas those convicted and sentenced to death are not executed
because of foreign pressure.
(source: The News)
MIDDLE EAST:
Death penalty: Lebanon and Qatar now among abolitionists
Executions have resumed in Kuwait and Egypt while Lebanon and Qatar are now de
facto among abolitionists - countries in which no court has sentenced anyone to
death for at least a decade - along with Mauritania, Morocco and Tunisia,
according to the 2014 report on the death penalty worldwide presented Friday in
Rome by Italian NGO "Nessuno Tocchi Caino" (May nobody touch Cain).
According to the report, the countries with the highest rate of executions in
2013 and the first 6 months of 2014 were China - where at least 3,000 of the
world's reported 4,106 executions were carried out - followed by Iran (687),
Iraq (172) and Saudi Arabia (78).
Palestine, Bahrain, Egypt, the United Arab Emirates, Oman, Syria and Yemen also
maintained the death penalty. Algeria is carrying out a moratorium on
executions.
Among the 8 countries which resumed executions over 2013 or in the first
semester of this year were the United Arab Emirates (1), Egypt (at least 8 in
2014) and Kuwait (5).
Most death penalties were handed down in connection with terrorism charges:
hundreds of executions are carried out in the Arab world and, more in general,
in Muslim countries, the NGO said. Often executions vie to eliminate regime
opponents. There were at least 233 such executions across 6 Muslim countries
last year, including Iran (33) and Iraq (168). Overall, the NGO pointed out
that the situation has sensibly declined in these 2 countries. Last year and in
the first 6 months of 2014, though the "moderate" Rohani took power, hundreds
of executions were carried out in Iran as well as in Iraq, which "chose to
adopt the Iranian model", said the organization's leader, Sergio D'Elia.
"Such a high number of executions had not been registered" since Saddam Hussein
was in power, he continued. "The executions were necessary, according to Iraqi
authorities, to counter political violence and terrorism". Many were also
executed on drug-related charges in Egypt, the UAE, Iran, Kuwait, Oman, Syria,
Sudan, South Sudan and Yemen.
Concern is high over the situation in Egypt, D'Elia told ANSAmed, where the
death penalty has resumed this year after a moratorium which lasted a number of
years. "No executions had been carried out since 2011", recalled D'Elia. Mass
death sentences against hundreds of members of the Muslim Brotherhood are
worrying the international community. Minors are also increasingly being
sentenced to death.
A reported 13 people aged under 18 were executed in 3 countries: at least 9 in
Iran, 3 in Saudi Arabia and 1 in Yemen. There is no data on Libya and Syria,
the report noted.
(source: Reuters)
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