Oct. 1
PAKISTAN:
Mohammad Asghar: Application filed to prevent jail return ---- The 70-year-old
was arrested in 2010 after writing letters to a number of people claiming to be
a prophet
Lawyers acting for Scot Mohammad Asghar have filed an emergency application to
keep him in hospital, after reports he will be returned to the Pakistan jail
where he was shot by a guard.
Mohammad Asghar suffers from paranoid schizophrenia. He has been in hospital
since he was shot in the back on Thursday at Adiala jail in Rawalpindi.
Mr Asghar was sentenced to death in January for blasphemy.
His family's lawyer has also met Scottish First Minister Alex Salmond.
Aamar Anwar has asked Mr Salmond to personally intervene in Mr Ashgar's case.
Lawyers filed an application on Tuesday morning to ensure his safety.
It was revealed on Sunday that Pakistani authorities intended to return the
Edinburgh businessman to the prison where he was shot.
His family have asked Prime Minister David Cameron to intervene on Mr Asghar's
behalf, but Mr Anwar said they had received no response.
The solicitor met Mr Salmond and Scottish External Affairs Minister Humza
Yousaf on Tuesday evening to discuss what help they might offer.
Charity Reprieve has also written to Mr Cameron asking that Mr Asghar be held
in a secure facility where he can receive adequate treatment for his injuries
and mental health problems.
'Near fatal attack'
The emergency application asks that the court that Mr Asghar be kept in a
hospital where he is safer from attack and where he can be treated for his
injuries and mental illness.
He is currently in intensive care, suffering from a high fever and a serious
chest infection. Doctors have recommended that he be kept in hospital for the
next 72 hours.
A prison guard, Mohammad Yousuf, appeared in court in Rawalpindi on Friday
accused of the shooting and was remanded in custody.
Maya Foa, director of Reprieve's death penalty team, said that Mr Asghar's
mental health had been further affected by the recent attempts on his life.
She said: "Mr Asghar has suffered a near fatal attack at the hands of people
who were supposed to protect his security.
"It is unthinkable that [he] should be removed from the hospital - let alone be
taken back to the very prison where he was attacked.
"David Cameron must step in and protect the life of this vulnerable British
citizen without delay."
Mr Asghar was shot in the back at Adiala jail in Rawalpindi on Thursday morning
The prime minister has previously expressed concern over the case. In a press
conference in Edinburgh on Friday, Mr Asghar's family appealed for more help
from the British government.
His daughter, Jasmine, said: "Our father is a very mentally ill man... We are
begging David Cameron and the whole of the British government to do everything
they can to ensure that as soon as he is well enough to travel our father is
brought back to the UK where he will be safe.
"Until then, we want him to be kept in a hospital where he will be properly
protected and treated."
Mr Asghar moved to Pakistan in 2010.
He was later arrested for writing several letters claiming to be a prophet and
was sentenced to death for blasphemy.
Since his sentence, his lawyers and family had regularly warned the authorities
of the risk to his life in Adiala prison.
Those accused or convicted of blasphemy in Pakistan are at high risk of attack
by religious extremists.
(source: BBC news)
*****************
SC forms larger bench for death penalty cases
The Supreme Court on Wednesday decided to constitute a larger bench to hear
cases related to death row inmates across the country.
The decision came in reply to an appeal filed by a representative of the Watan
Party, Barrister Zafarullah, seeking explanations from the government over the
inordinate and inexplicable delays in the execution of prisoners on death row.
During the hearing, the 3-judge bench headed by Chief Justice Nasirul Mulk
decided that the matter should be referred to a larger bench considering the
number of cases pending in this matter.
The petition stated that besides murder, 27 offences are legally punishable by
death in Pakistan and asked for the release of death row prisoners if the
government does not want to proceed with execution. To this, the chief justice
questioned under which law the inmates should be released.
The hearing of the case has been adjourned for an indefinite period of time.
According to a Human Rights Commission of Pakistan (HRCP) report published in
2013, authorities have executed only 1 death row prisoner since 2009, while
8,526 inmates on death row await their fate in prisons across the country.
The report further stated that courts continue to award capital punishment as
227 people, including 3 women and 3 Christians, were sentenced to death in
2013.
On December 5, 2013, the law ministry informed the HRCP that the government is
maintaining a moratorium on the death penalty. However, the ministry added that
it is not in favour of complete abolition of the death penalty in view of the
prevalent law and order situation, particularly with reference to acts of
terrorism.
The ministry added that the death sentence under Hudood Laws also could not be
abolished in view of Article 2-A and Article 227 of the Constitution.
"The issue of death penalty is related to the Ministry of Interior and
Narcotics Control and provincial governments. This ministry is obtaining their
comments and a final response shall be given after receipt of comments from all
stakeholders," the law ministry further said.
The HRCP has also urged the government to take concrete steps towards ending
the death penalty.
(source: The Express Tribune)
*************************
Keep the moratorium
Considering that between 60 and 70 % of cases initiated in Pakistan are
fabricated in whole or part, the possibility of there being a miscarriage of
justice with irreversible, fatal consequences is unacceptably high.
The problem with having a death penalty is that if a person is wrongly
convicted of a capital crime and executed, there is no 'reboot' option. Dead is
dead, and if the state kills in error, then that is no less murder than death
at the hands of a common criminal. There are 8,526 people convicted of capital
crimes in Pakistan, where there are 27 offences that are legally punishable
with the ultimate sentence. Many of these offences are crimes that in many
other countries of the world would never be considered as capital crimes. Drug
smuggling, arms trading and sabotaging the railways are among the things that
can attract a hanging sentence, along with blasphemy, rape and "assault on the
modesty of a woman".
Some of those on death row have been there for many years, their fate literally
hanging in the balance. To hang or not to hang is deeply polarising for the
people of Pakistan, with a section of the populace and judiciary in favour, and
a vocal group of civil society activists and lawyers against. The matter has
been on hold since 2008, when the then PPP government introduced an informal
moratorium. That is being challenged this week when the apex court on October 1
takes up a petition filed by the Watan Party, which wants an explanation from
the government as to why there is a delay in the executions of sentenced
prisoners. On December 5, 2013, the government informed the Human Rights
Commission of Pakistan (HRCP) that it intended to maintain the moratorium -
which leaves the death penalty on the statute books and does nothing to resolve
the impasse. Considering that between 60 and 70 % of cases initiated in
Pakistan are fabricated in whole or part, the possibility of there being a
miscarriage of justice with irreversible, fatal consequences is unacceptably
high. Innocent people could be hanged and probably have been. With this in
mind, we are committed not just to a continuation of the moratorium, but the
removal of death as a sentencing option for the judiciary.
(source: Editorial, Express Tribune)
INDIA:
Death Penalty to Mentally Challenged Man Quashed
The Madurai bench of Madras High Court set aside the conviction by a lower
court in a murder case involving a mentally ill person.
R Maruthu, the accused in the case, had beaten to death 5 people, including 2
women, in 2009 in Melachivapuri village in Pudukottai district. Despite
presenting evidence about his mental illness, a mahila court in Pudukottai,
convicted him and imposed capital punishment citing reasons that he knew the
consequence of his act and confessed to having killed the 5 persons.
Setting aside the capital punishment and the conviction, the High Court Bench
observed that the particular crime clearly came under the exemption provided by
Section 84 of the IPC.
There have also been instances where people have been punished or sent to
asylums after being diagnosed with mental illness by incompetent authorities.
Citing another example, K Chandru, retired Judge of Madras High Court, said a
woman named Tamilarasi in Sivaganga was terminated from employment as a sweeper
after being certified as a schizophrenia patient by a nondescript doctor.
"I referred her to the Government Rajaji Hospital where she was kept under
observation for 21 days after which the doctors certified that she has no
mental illness," he added.
He said that a fine was imposed on the Collector and he was directed to
reinstate Tamilarasi in service.
(source: The New Indian Express)
******************
1 of Katara killers seeks leniency, says he can reform
Vikas Yadav, 1 of the 3 convicts in the Nitish Katara murder case, today
pleaded before the Delhi High Court that he be exempted from death penalty as
his act was not so brutal or gruesome and there are chances of his reformation.
"He (Vikas Yadav) is in jail from last 12 and half years, without being out
from the prison for a single day.
"His act was not so brutal or gruesome for which death penalty is the only
remedy," a special bench of justices Gita Mittal and J R Midha was told by the
counsel appearing for Vikas.
Vikas, his cousin Vishal Yadav and Sukhdev are serving life term for abducting
and killing 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 D P Yadav.
Earlier, the victim's mother and Delhi Police, who had concluded their
arguments, had demanded death for the trio terming their offence to be rarest
of rare.
The counsel for Vikas also said that the lenient view can be taken as there are
all chances of his reformation.
"There is a clear report of the probation officers, who have visited his house,
neighbours and relatives that there is all likelihood of his reformation," the
counsel argued.
He further said that his client's case is not a honour killing.
"In over 24 countries in Europe, there are provisions of death penalty but
hardly any people there is awarded such kind of punishments. This practice is
being adopted from decades," the counsel said, adding that the Supreme Court is
also preferring to commute death sentences to life term.
Delhi Police and Nitish's mother Neelam Katara are seeking capital punishment
or an enhanced life sentence for Vikas, Vishal and Sukhdev.
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.
Katara was abducted and killed by Vikas, Vishal and Sukhdev as they did not
approve of the victim's affair with Bharti because 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.
The arguments will continue on October 9.
(source: Economic Times)
*******************
In India death comes without right to appeal
On 26 September 2014, in its report "India: Death Without the Right to Appeal",
Asian Centre for Human Rights stated that India was not complying with the
"United Nations safeguards guaranteeing protection of the rights of those
facing the death penalty" which provide that "anyone sentenced to death shall
have the right to appeal to a court of higher jurisdiction, and steps should be
taken to ensure that such appeals shall become mandatory." Many death row
convicts are being denied the right to appeal to a court of higher jurisdiction
with the Supreme Court setting aside acquittal by the High Courts and restoring
death penalty imposed by the trial courts, and enhancing lesser sentences of
life imprisonment awarded by the High Courts to death penalty.
Further, with respect to offences under the Terrorists and Disruptive
Activities (Prevention) Act the Supreme Court being the appellate court against
the orders of the designated TADA courts, the convicts under the TADA are
denied the right to appeal before the High Courts as available to those
convicted under the Indian Penal Code offences.
Even a Curative Petition filed before the Supreme Court after dismissal of a
Review Petition cannot be considered as an appeal to a court of higher
jurisdiction as provided under "the United Nations safeguards guaranteeing
protection of the rights of those facing the death penalty" because of its very
restrictive scope. A curative petition is an exception and can be filed only if
a Senior Advocate certifies that it meets the requirements of filing curative
petition stipulated by the Supreme Court.
(source: radicalparty.org)
GLOBAL:
Hands Off Cain's 2014 Report in Venice
Today, at 12.30, the 2014 Report on the Death Penalty in the World by Hands Off
Cain (HoC) will be presented at the Veneto Regional Council by the President of
the Regional Council Clodovalso Ruffato, the President of the Mixed Group at
the Regional Council Diego Bottacin, Father Guido Bertagna, HoC Secretary
Sergio D'Elia and HoC Treasurer Elisabetta Zamparutti. The event is open to the
public.
The report, published by Reality Book, provides an account of the most
important facts related to the practice of the death penalty in 2013 and the
first 6 months of 2014. During the presentation we will also illustrate the
objectives of the HoC campaign for the abolition and the moratorium on the use
of the death penalty in Africa and the proposals to strengthen the new
Resolution on the Universal Moratorium, which will be voted by the UN General
Assembly in December 2014.
The Hands Off Cain Abolitionist of the Year Award 2014, to recognize the
personality who has been committed more than any other to abolition, has been
awarded to the President of Benin Boni Yayi.
(source: radicalparty.org)
LIBYA:
Judge Charges Man Arrested in Tripoli with Belonging to Terror Cell
Government Commissioner to the Military Court Judge Saqr Saqr charged on
Wednesday Mohammed al-Ayyoubi with belonging to a terrorist cell with the aim
of carrying out terror acts a day after the Army Intelligence wrapped up
investigations with him.
Saqr referred Ayyoubi to First Military Investigation Judge Riyad Abu Ghida,
the state-run National News Agency reported.
The charges could lead to the death penalty.
On Thursday, the army said in a communique that Ayyoubi was referred to the
competent judicial authorities.
He was arrested on September 25, 2014 in the northern city of Tripoli.
The statement revealed that the cell that Ayyoubi belongs to was "plotting to
undermine civil peace and attack security forces."
Ayyoubi, according to the army communique, had traveled to Syria and pledged
allegiance to a terrorist organization there only to later form a network in
Lebanon set to carry out specific missions.
He was also seeking to fund his activities through foreign channels.
Media reports have recently accused an armed group operating in Tripoli's Bab
al-Tabbaneh of pledging allegiance to the Islamic State and al-Nusra Front
extremist groups, but the gunmen denied that.
The same group is also accused of being behind several attacks on the army in
the city.
(source: Neharnet.com)
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