Oct. 17
IRAN:
Sons of murder victim deny mercy to convicted woman
The last "peace and reconciliation" meeting in the case of Reyhaneh Jabbari,
sentenced to death for the murder of Morteza Abdolali Sarbandi, culminated
without a resolution on Wednesday October 15.
The Etemad daily reported on Thursday October 16 that Mohammad Shahriyari, the
head of the Tehran Criminal Court, said: "The final Peace and Reconciliation
meeting took place in the presence of Reyhaneh Jabbari, her mother and the
family of the deceased, and the next of kin did not agree to forego the death
sentence."
The meeting was attended by Reyhaneh Jabbari, the accused, her family, her
lawyer, the son of the deceased and Judge Shariyari of the Peace and
Reconciliation Unit. Jabbari was questioned by Morteza Abdolali Sarbandi's son.
At the request of both parties, reporters were not allowed in the session.
The son of Morteza Abdolali Sarbandi, the deceased, has been quoted after a
session on Tuesday as saying that the only way for him to forego his right to
Qesas and forgive Jabbari is for her "to tell the truth about the incident."
Another son had told Shargh news that Jabbari's mother just cried at the
meeting like all other meetings. "We only had one condition to forgive her and
that was for her to tell the truth. It is not just us that think Reyhaneh is
not telling the truth but even the judges that have handled the case believe
that she is hiding something."
Sarbandi's son says that when they asked her to tell the truth, she did not
give a convincing answer. "This issue is still unclear to her and she has not
felt death," he added.
He went on to say that there will be no more meetings and that his family is
waiting for the sentence to be executed.
Reyhaneh Jabbari is a 26-year-old woman who was arrested 7 years ago for the
murder of Morteza Abdolal Sarbandi and sentenced to death.
(source: Radio Zamaneh)
SAUDI ARABIA:
When will the barbarity of beheading end in Saudi Arabia?
Savagery and barbarity still exists in the present era of enlightenment; where
the days of ignorance of Arabia and the dark ages of Europe and the Roman era
still lurk in the shadows of today. It is when a state sponsored beheading
rears its ugly head that we are reminded of the remnants of brutality seen
during the dark ages gone by, that we seem to have adopted today.
In 2011, at least 82 executions were carried out in Saudi Arabia; more than
triple the figure of at least 27 executions in 2010. In 2012, a similar number
of people were executed. The Human Rights Watch (HRW) expressed their concern
last month over a surge in executions, which saw 19 people being beheaded
between August 4th and 20th alone. The HRW stated that 8 of those executed had
been convicted for non-violent offences such as drug trafficking and "sorcery",
and described the use of the death penalty in their cases as "particularly
egregious". Rape, murder, apostasy, drug smuggling, sorcery, witchcraft, armed
robbery are all punishable by death in Saudi Arabia.
A prime example of the flawed Saudi criminal justice system is the case of
Abdullah Fandi al-Shammari who was found guilty of manslaughter in 1988 for an
alleged killing that took place in 1983. He was released after paying
compensation to the family but in 1990 the case was sent to court for a retrial
by the Supreme Court. He was rearrested and tried for the same crime but on
murder charges. He spent 30 years on death row and was executed last year.
Shammari had no access to the file or to any legal assistance, and was not able
to appeal against the sentence before it was confirmed by the court of
cassation.
Philip Luther, Amnesty International's director for the Middle East and North
Africa, said "This case has thrown the country's flawed justice system into
especially sharp relief, highlighting the serious lack of transparency,
patently unfair trials, and fatal results."
Similarly, a Sri Lankan domestic worker, Rizana Nafeek, was beheaded for
allegedly killing a baby in her care. She was only 17 at the time of her
execution. This is against the jus cogens principle of international law and in
contravention of the Convention on the Rights of the Child (CRC) to which Saudi
Arabia is a party to. The CRC prohibits the execution of those less than 18
years of age at the time of the commission of the alleged offence for which
they are convicted. Hence, it would not be an exaggeration to say that there is
lack of transparency, and no legal standards of prosecution are met, even for
cases involving punishments as severe as death. The convicted may be denied
legal assistance and despite spending a large proportion of the sentence in
prison, they may still be executed.
Christof Heyns, the UN special reporter on extrajudicial, summary or arbitrary
executions, said, "Despite several calls by human rights bodies, Saudi Arabia
continues to execute individuals with appalling regularity and in flagrant
disregard of international law standards. The trials are by all accounts
grossly unfair. Defendants are often not allowed a lawyer and death sentences
were imposed following confessions obtained under torture. The method of
execution then aggravates a situation that is already totally unacceptable."
2 days ago, another Pakistani, named Mohammad Yunus Mohammed Shoaib was
executed in the Eastern province of Qatif for hiding heroin in his gut and
smuggling it into Saudi Arabia.
His decapitation takes the number of people executed by sword in the
conservative Gulf nation to 57 this year, compared to 79 people in all of 2013.
Earlier this year, 2 Pakistanis, Abrar Hussein Nizar Hussein and Zahid Khan
Barkat, were executed after being convicted for drug smuggling. The former was
executed in the Red Sea city of Jeddah and the latter in Qatif.
There are approximately 4,000 Pakistanis languishing in Saudi prisons, facing
trial. It is highly ignominious that no legal or consular access is provided to
the detainees and the incumbent government is taking little responsibility to
ensure that its citizens are provided with legal and humanitarian assistance.
Regardless of whatever crime they may have committed, each individual has a
right to a fair trial and no one can be deprived of the basic, inalienable
human right. There are many who would indulge in the unnecessary debate of
whether death penalty should be abolished for such crimes or not, while totally
ignoring the fact that no matter how guilty a person may be, he or she cannot
be deprived of the right to a fair trial and due process of law.
The law, as it stands in Saudi Arabia, is the strictest interpretation of
Shariah, and though some may argue that it has effectively controlled crime,
one wonders about the fair trial guarantees. As William Blackstone propounds,
"The law holds that it is better that 10 guilty persons escape, than that 1
innocent suffer."
This is a globally accepted legal maxim. And therefore, it is the duty of the
Pakistani government and the consulate in Saudi Arabia to ensure that the
detainees are accorded due protection of law, especially those who are waiting
on death row. It must be guaranteed that women and children be detained only as
a means of last resort and not in a prison like environment which can be
injurious to their mental and physical wellbeing.
The reality of human rights abuses within the Saudi criminal justice system is
no secret and hence no stone must be left unturned to ensure protection of
fundamental human rights of the detainees and those who are innocent to be
freed. The governments of India and Bangladesh have managed to get many
detainees free but no serious efforts are being made by the Pakistani
government in this regard. The human rights organisations and civil society are
also unmoved by the beheadings of their fellow countrymen.
It is about time that this nation wakes from slumber and strives to protect
fundamental human rights of the citizens of Pakistan, both within and outside
the country. Who knows who may fall prey to this injustice one day, without
even being given a fair trial. Hence, it is the duty of not only the government
but of every citizen of the country to stand united against this gross,
flagrant and mass violation of fundamental human rights.
(source: The Express Tribune)
******************************
Saudi Arabia faces outcry over death sentence for Shia faith leader----Nimr
Baqir al-Nimr's conviction for sedition adding to unrest and promoting
sectarian hatred, says Human Rights Watch
Saudi Arabia is facing an international outcry and accusations of promoting
sectarian hatred after a Shia Muslim religious leader from the country's
volatile eastern province was sentenced to death.
Sheikh Nimr Baqir al-Nimr, who led protests in Qatif at the height of the Arab
spring in 2011, was convicted on Wednesday of sedition and other charges in a
case that has been followed closely by Shias in the kingdom and neighbouring
Bahrain.
Shia Muslims make up 10%-15% of the population of Sunni-ruled Saudi Arabia,
which bills itself as playing a lead role in the fight against the jihadis of
Islamic State (Isis) in Syria and Iraq. Riyadh has supported Sunni groups
fighting to overthrow Bashar al-Assad but denies backing Isis.
State prosecutors had reportedly asked for Nimr to be crucified. The sentence
is thought likely to be commuted on appeal.
Nimr was arrested in 2012 and ill-treated during his 2-year detention, much of
it spent in solitary confinement. He was denied surgery for bullet wounds
suffered when he was arrested. He was charged with "disobeying the ruler",
"inciting sectarian strife", and encouraging and leading demonstrations.
In Iran, Saudi Arabia's chief regional rival and the political centre of the
Shia world, the foreign ministry warned on Thursday that execution would have
"dire consequences". It called Nimr an ayatollah, giving him the second most
senior clerical title in the Shia hierarchy. Iran, like Saudi Arabia, uses
capital punishment.
In London the Foreign Office stated that it was aware of the sentencing,
adding: "The UK opposes the death penalty as a matter of principle."
The Saudi authorities have portrayed the cleric as an "instigator of discord
and rioting". But Nimr's supporters and family have denied that he incited
violence.
In a BBC interview, Nimr said he backed "the roar of the word against
authorities rather than weapons". The arrest of his brother and other relatives
after sentencing has fuelled anger that is being ventilated on Twitter and
other social media.
"Saudi Arabia's harsh treatment of a prominent Shia cleric is only adding to
existing sectarian discord and unrest," said Joe Stork, deputy Middle East
director at Human Rights Watch. "Saudi Arabia's path to stability in the
eastern province lies in ending systematic discrimination against Shia
citizens, not in death sentences."
Amnesty International described Nimr's sentencing as part of a wider Saudi
government crackdown on dissent.
Shia and Sunni groups said they were extremely alarmed by the sentence.
"Ayatollah al-Nimr is a respected Muslim figure in Saudi Arabia," 10
organisations said in statement. "He is a faith leader, reformist and human
rights activist, who has campaigned for an end to discriminatory laws against
the Shia minority. The sentencing will further inflame sectarian tensions and
provide encouragement to extremist groups such as Isis to continue their
persecution of religious minorities."
Toby Matthiesen, a Cambridge expert on Saudi Arabia, said: "In the last 2 years
Nimr has become known by Shia across the world. For many Salafis and Sunnis
with anti-Shia leanings he has become a real hate figure. In the context of
Isis, the Saudi royal family is trying to legitimise itself in the eyes of
Sunnis by being tough. Nimr was a revolutionary who called for non-violent
protests and the downfall of the Al Saud, but also for Assad to go. He wasn't
sectarian."
Yusif al-Khoei, of the London-based Al-Khoei Foundation, said he was "appalled"
by the news and with others was considering boycotting a Saudi-organised
conference on inter-religious dialogue in Vienna.
(source: The Guardian)
ZIMBABWE:
Death Sentence Not Applicable
Zimbabwe cannot pass the death sentence under the current Constitution unless
Parliament enacts a law providing for it, a legal expert has said.
This comes amid growing calls to scrap capital punishment from the statutes.
A prominent lawyer, Advocate Thabani Mpofu, said while the old Constitution
specifically made provisions for the death penalty, the new order left that
decision to the Legislature.
"This, it achieves through section 48 (2) (of the new Constitution of Zimbabwe)
which provides that a law may permit the death penalty to be imposed," said Adv
Mpofu.
His analysis of the law comes after the National Prosecuting Authority
solicited for his views as a friend of the court in a case in which the NPA
wants an order for the courts in Zimbabwe not to impose capital punishment on
murder suspect, Joshua Dube, who is held in a South African prison.
South Africa has refused to extradite Dube who allegedly committed armed
robbery and rape before fleeing to that country where he was arrested in 2009.
SA does not recognise the death penalty in its statutes and the difference with
Zimbabwean laws has created a dilemma for the NPA, which has since approached
the Constitutional Court seeking an undertaking that no death penalty would be
imposed on such fugitives if extradited for trial here.
In his heads of argument filed at the Constitutional Court, Adv Mpofu made an
analysis of the law on death penalty in both the old and new Constitutions as
well as the Criminal Procedure and Evidence Act (CPEA), to arrive at his
decision. The CPEA as it stands, he said, was not in conformity with the
Constitution of Zimbabwe on the imposition of the death penalty.
"The CPEA is an existing law and so are its provisions... The question that
arises is whether it is possible for it to be construed in conformity with the
Constitution of Zimbabwe," said Adv Mpofu.
"If it is, the death penalty can be passed under it. If it is not so capable,
that means there is no law contemplated by section 48. That too would be
consistent with provisions of section 2 (1) of the Constitution of Zimbabwe. It
has already been noted that CPEA and the Code cannot be construed. Both are
therefore not requisite existing law."
Adv Mpofu said in view of the differences between section 48 of the
Constitution and 12 of the old Constitution and current provisions of the CPEA
and what must be contained in the contemplated Act, the law contemplated under
section 48 was not yet in existence.
"That being the case, the death penalty cannot at the present stage be lawful.
It will remain so unless Parliament enacts a law. Parliament must be
discouraged. No place exists for such barbaric retribution in a civilized
society."
Adv Mpofu emphasized that section 48 of the Constitution simply gave the
legislature a blank cheque on the issue. The lawyer, however, said the
legislature might or might not pass a law providing for the death penalty. In
the event that it chooses to pass such a law, he said, it should comply with
certain requirements.
"This was probably the best compromise given the irreconcilable views that the
parties had on the death penalty," said Adv Mpofu.
(source: The Herald)
INDIA:
Honour killing: Death penalty to 2 including father of girl
A local court has awarded death penalty to 2 accused, including father of a
girl, in an honour killing case.
Additional District Session Judge S S Sahni announced the verdict on Thursday,
Public Prosecutor R K Salwan said today.
On December 2012, complainant Sukhdev Singh, lover of the victim, had alleged
that Rupinder Kaur was brutally killed by her father and uncle as she was
adamant to marry him against her parents' wishes.
Sukhdev had told the police that Rupinder had told him that she was being
tortured by her father Balwinder Singh and uncle Baldev Singh for going against
their wishes.
In the autopsy report, it was established that deceased Rupinder Kaur was first
given poisonous substance and later she was strangulated to death.
The accused had pleaded before the court that the deceased had committed
suicide.
(source: Indian Express)
*****************************
'India should end death penalty'
Death penalty in a country like India that carries the message of non-violence
on the global stage is a paradox, said Robert Badinter, a globally renowned
lawyer.
"India is a specific unique nation in the world carrying on a message of
non-violence. But the continuance of death penalty in the country contradicts
the culture of non-violence symbolised by India," said Badinter at a talk on
'Death Penalty: The French and the European experience' at India International
Centre here Thursday.
"Death penalty is inhuman and poison of the society. India has such high
values, why keep it (death penalty). Get rid of it," said Badinter, who has
been advocating the abolition of death penalty.
Badinter, who has also served as minister of justice in France, said that death
penalty is not a deterrent to crime and terrorism.
"Crime is horrible and people must be protected against. But the fact is that
crime has always been horrible and death penalty is not the solution," he
added.
"Terrorists have special relationship with death. A man who can blow himself in
a supermarket and kill 50 people will not be dissuaded by the threat of death
penalty. He would rather be a hero for others (terrorists)," she added.
Praising the European Union for its stance against death penalty, Badinter said
that it is the only continent in the world where "fundamental and human rights
are best guaranteed."
"So much of bloody crime has been committed from this continent, but the death
penalty has been banned in Europe. It is so much guilty of the horrendous
crime, that it says no to death penalty," Badinter said, referring to the 2
World Wars.
(source: Zee News)
PAKISTAN:
Pakistan Court Upholds Death Sentence Against Christian Woman who Drank from
Well Reserved for Muslims
A Christian woman who was given the death penalty last year for drinking water
from a well reserved for Muslims in Pakistan has had her appeal against the
sentence rejected by the Lahore high court.
Breitbart reported on the original case last year, which arose after Aasiya
Noreen, a fruit picker, stopped to refresh herself during the course of her
day's work. After she was caught drinking from the same cup used by Muslim
women, the well was declared "Haram", and Noreen was beaten for the offence,
before being arrested.
At the time of her conviction, Noreen said: "I have been sentenced to death
because I was thirsty. I'm a prisoner because I used the same cup as those
Muslim women, because water served by a Christian woman was regarded as unclean
by my stupid fellow fruit pickers".
It was alleged during the altercation following the water incident, Noreen made
negative comments about Islam. Noreen has defended her innocence in the 5 years
since, insisting her comment went no further than "I think Jesus would see
things differently than Mohammed", and her lawyer has argued the charge arose
because of "personal enmity" towards the defendant, rather than a genuine
grievance, reports the Independent newspaper.
None of the original witnesses were present in court to testify, but a Muslim
"prayer leader" (Imam) who claimed Noreen, an unrepentant Christian, had
confessed the crime to him, did. When the Lahore court delivered its verdict to
maintain the death penalty in this case, Noreen and her defence team reacted
with shock. Her lawyer promised to keep fighting: "I was expecting the opposite
decision. We will file an appeal to the Supreme Court of Pakistan in a few
days".
If the case is lodged at the Supreme court in Islamabad, the debate over
Noreen's life, which has already lasted 5 years, could drag out for many more.
It has already sparked significant attention, both at home in Pakistan and
abroad. U.S. Kentucky Senator and Republic Presidential hopeful Rand Paul has
said if Noreen wasn't released from death row, foreign aid to the country
should cease. Lamenting the case, Paul said: "According to her co-workers, she
insulted the Prophet. In our country, we refer to such quibbling as gossip. In
Pakistan, if you are a Christian, it can land you on death row".
The matter of religious plurality is an exceptionally controversial one in
Pakistan, and as this case continues Aasiya Noreen may have trouble finding
backers. In 2011, 2 senior politicians who spoke out against the blasphemy law
that Noreen was charged with and publicly supported her cause were
assassinated. The Pakistani minister for minorities, Shahbaz Bhatti was the
nation's only Christian cabinet member until his death at the hands of the
Pakistani Taliban.
(source: breitbart.com)
******************
Christian woman convicted of blasphemy in Pakistan loses her appeal against
death penalty ---- Asia Bibi was found guilty of making derogatory remarks
about Islam during an argument with neighbours
The Lahore High Court has upheld the death penalty against a Christian woman
who was convicted of blasphemy in Pakistan 4 years ago, as her lawyers vowed to
appeal.
Asia Bibi has been on death row since November 2010 after she was found guilty
of making derogatory remarks about Islam during an argument with neighbours.
Ms Bibi consistently denied the allegations against her, saying they stemmed
from an argument with a group of women over a pot of water.
Ms Bibi's lawyer, Naeem Shakir, said: "I was expecting the opposite decision.
We will file an appeal to the Supreme Court of Pakistan in a few days." Gulam
Mustafa, the complainant???s lawyer, said the court's decision was correct.
"Asia's lawyer tried to prove that the case was registered on a personal enmity
but he failed to prove that," he said.
3 witnesses allegedly involved in the incident did not appear in court, he
said. A prayer leader did appear, saying he did not witness the original
altercation, but that Ms Bibi had confessed.
Ms Bibi's sentence in 2010 sparked condemnation.
2 prominent politicians - Punjab governor Salman Taseer and minorities minister
Shahbaz Bhatti - were murdered in 2011 after calling for reforms to the
blasphemy law and describing Ms Bibi's trial as flawed.
(source: Reuters)
*********************
Convicted: Man sentenced to death for murder
A court sentenced a man to death on Thursday and another to life imprisonment
for murdering their rival. According to prosecution, Akbar, a resident of Chak
68-RB, had hacked his rival Sanaullah to death with an axe with help from
Shafqat, Akhtar and Abdur Rehman. Balochni police had arrested the 4. Jaranwala
Additional Session Judge Mehmood Harron awarded death penalty to Akbar and life
imprisonment to Shafqat. Akhtar and Abdur Rehman were ordered to serve 1 year
in prison each. The court ordered the 4 to pay Rs140,000 as compensation to the
family of the deceased.
(source: The Tribune)
****************************
Pakistani Christian Woman's Appeal of Death Sentence Is Rejected
The Lahore High Court of Appeals on Thursday upheld the death sentence of a
Pakistani Christian woman in a high-profile blasphemy case and dismissed her
appeal for acquittal.
The defendant, Asia Bibi, 47, a farmworker, was sentenced to death in 2010
after being convicted of blasphemy. She has denied the accusations, which she
said stemmed from a dispute with Muslim co-workers.
Ms. Bibi now plans to appeal the decision in the country's Supreme Court, said
her lawyer, Naeem Shakir. But given huge backlogs at the court, analysts said
it would probably be at least 3 years before the appeal would be taken up.
The ruling was the latest chapter in a long ordeal for Ms. Bibi, whose case has
focused international attention on how Pakistan's blasphemy laws have become a
weapon against religious minorities.
It was also a factor in the 2011 assassination of Salman Taseer, the governor
of Punjab Province who vociferously campaigned for Ms. Bibi's release and for
overhaul of the blasphemy codes. Religious conservatives were outraged by Mr.
Taseer's advocacy, and he was shot dead by his police security guard in
Islamabad. Months later, his son Shahbaz Ali Taseer was kidnapped by Taliban
militants and his whereabouts is still unknown.
Meanwhile, Ms. Bibi has languished in prison, and successive governments have
been reluctant to touch the issue.
Death sentences have rarely been carried out in blasphemy cases, but that is in
part because such allegations have frequently led to deadly vigilante attacks
on the accused or their lawyers.
The Lahore courtroom was packed with clerics and members of extremist groups
who supported the prosecution, and they erupted in celebration upon hearing the
2-judge panel's decision to dismiss Ms. Bibi's appeal. "Let us celebrate by
distributing sweets!" said 1 cleric who was reciting verses from the Quran
throughout the almost 2 1/2-hour court proceeding.
"I am very happy," said Qari Salaam, a co-worker of Ms. Bibi's and the main
complainant in the case. "The judges have given a verdict on merit, and Asia
deserved it."
He and other farmworkers accused Ms. Bibi of shouting insults against the
Prophet Muhammad. But she and her family deny that, saying the workers decided
to lash out at her because a manager had ordered her to bring water out to the
workers, and they refused to drink from bowls she had touched.
Joseph Francis from the Center for Legal Aid Assistance and Settlement, an
group that works for minority rights, called the ruling a bad decision that had
been forced by religious extremists.
"The court had already made its mind to dismiss the appeal, and the presence of
Muslim extremist groups in the court further undermined justice," Mr. Francis
said.
Ms. Bibi's husband, Ashiq Masih, expressed disappointment after the verdict.
"We were hoping for some relief, but alas," Mr. Masih said as he left the
court.
(source: New York Times)
**************************
Upholding blasphemy death sentence against Christian woman 'a grave injustice'
A Pakistani court's decision to uphold the death sentence against a Christian
woman convicted on blasphemy charges is a grave injustice, Amnesty
International said.
The Lahore High Court today rejected the appeal against the death sentence
imposed on Asia Bibi, who was sentenced to death in 2010 for allegedly making
derogatory remarks about the Prophet Muhammad during an argument with a Muslim
woman.
"This is a grave injustice. Asia Bibi should never have been convicted in the
first place - still less sentenced to death - and the fact that she could pay
with her life for an argument is sickening," said David Griffiths, Amnesty
International's Deputy Asia Pacific Director.
"There were serious concerns about the fairness of Asia Bibi's trial, and her
mental and physical health has reportedly deteriorated badly during the years
she has spent in almost total isolation on death row. She should be released
immediately and the conviction should be quashed."
Asia Bibi's lawyer said after today's verdict that he will file an appeal to
the Supreme Court.
On 4 January 2011, Punjab Governor Salmaan Taseer was killed by one of his
security guards after campaigning for Asia Bibi and criticizing Pakistan's
blasphemy laws. Minorities Minister Shahbaz Bhatti, an outspoken critic of the
blasphemy laws, was killed by the Pakistani Taliban on 2 March 2011.
"The laws are often used to settle personal vendettas - both against members of
minority religious groups and Muslims - while individuals facing charges are
frequently targeted in mob violence. Those who speak out against the laws face
terrible reprisals. However, the blasphemy laws violate international law and
must be repealed or reformed immediately to meet international standards," said
David Griffiths.
(source: Amnesty International)
CHINA:
Former senior railways official given death penalty for bribery
A Beijing court on Friday handed down a death penalty with 2 years' reprieve to
a former senior railways official on charges of taking bribes.
The Beijing No. 2 Intermediate People's Court also deprived Zhang Shuguang,
former head of the Railways Ministry's transportation bureau and deputy chief
engineer, of political rights for life and confiscated all his property.
(source: Xinhua)
INDONESIA:
Indonesia Asks If Death Penalty Can Curb Terrorism----12 years after the deadly
Bali terror bombing, whose suspects were executed, Indonesia struggles with the
implications and efficacity of capital punishment
October 12 marked the 12th anniversary of the Bali Bombings in Kuta that killed
more than 200 people. It came just on the heels of the World Day Against the
Death Penalty.
The men found guilty of carrying out the Bali bombings were executed. Compared
to China, Indonesian judges rarely hand out the death penalty, but there has
been an increase in the number of executions in recent years, raising debate in
the country about whether killing terrorists is the best way to stop violence.
During a political play staged to mark World Day Against the Death Penalty, in
the parking lot of the Jakarta art and cultural center Taman Ismail Mazuki,
three men are forced by armed guards to kneel in front of the audience. "Why
must we die?" they cry out, before having black hoods placed over their heads.
The guards then march forward, turn and pretend to shoot the men dead.
The actors then turn to the crowd and shout, "Abolish the death penalty!"
"For us, the death penalty is a failure of justice, the death penalty is
against the constitution, against the fundamental right to life," says Usman
Hamid, former head of the leading rights group KONTRAS, which organized this
event. "As long as the judicial system remains corrupt and open to abuse in
Indonesia, it'll be very difficult for us to make sure that no mistakes or
human errors are made in implementing the death penalty."
They staged the play largely to protest the controversial execution of three
Catholic men in 2006 who were convicted of inciting mass violence between
Christians and Muslim groups in central Sulawesi. Their executions sparked
riots in east Indonesia, with demonstrators saying that the men were scapegoats
and that the evidence against them was highly questionable.
More and more executions
"While I believe that those 3 men were somehow involved in the killings, I am
sure that there was someone more powerful behind what took place in Central
Sulawesi," says Mugiyanto, who heads a group called the Association of the
Families of the Disappeared.
"They were scapegoats," he says. "There is still a very large possibility, with
the Indonesian system, that the wrong verdict will be handed out."
Indonesia has had the death penalty since its independence in the 1940s, though
judges have rarely used it ??? and when they did it was only in cases of murder
with intent or drug trafficking.
But in recent years the types of crimes punishable by death have expanded to
include terrorism and corruption in time of economic crisis. This has meant a
dramatic increase in the number of executions.
At the Jakarta demonstration, an activist reads out a letter from Australian
Brian Deegan, whose son died in the 2003 Bali attack. "The killing of those men
accused of the bombing will not bring back my son or heal the pain in my
heart," he wrote.
Support for the ultimate punishment
But many Indonesians disagree with Usman Hamid and the anti-death penalty
movement. For example, watching the demonstration from afar is a teenage couple
on a date.
"The punishment should fit the crime," one says. "I totally think that the
people who did the bombs in Bali should get the death penalty. They killed
loads of people."
Next to them are 2 poor Bajaj drivers for whom the activists' dramatic
performance has changed nothing.
"Drug traffickers are responsible for destroying many young lives, the future
generation," one says. "So there must be a strong punishment for them. The
death penalty must be handed out."
Political support for the death penalty also remains strong. With no political
will, the campaign to have it abolished faces an uphill battle.
(source: worldcrunch.com)
BOTSWANA:
Botswana tells red-faced SA it won't spare the noose----Both countries have
very different laws on capital punishment.
Botswana's defence minister, Ramadeluka Seretse, has insisted that his
government will not give South Africa an undertaking that a Botswana citizen
wrongly repatriated to face murder charges will be spared the hangman's noose.
This follows the deportation of the suspect, Edwin Samotse, to Botswana in
August this year, contrary to South African government policy and a ministerial
court order.
South Africa's home affairs spokesperson, Mayihlome Tshwete, told amaBhungane
that there was no possibility that Samotse would be returned to South Africa
because Botswana had its own sovereign judiciary.
He said the South African authorities were, however, preparing to make
representations to the Botswana government asking for an assurance that Samotse
will not be hanged.
South Africa abolished the death penalty in 1995, and Botswana, Lesotho and
Zimbabwe are the only Southern African countries that retain capital punishment
for ordinary crimes.
But, according to Zimbabwe???s new Constitution, those under 21 and those older
than 70 at the time of their conviction cannot be executed.
Corruption?
Tshwete confirmed that 3 home affairs officials are being investigated in
connection with the illegal deportation of Samotse, but would not say whether
corruption was suspected.
Seretse said that, when Botswana applied for his extradition, the South
Africans had asked for an assurance that Botswana would not apply the death
penalty if he was found guilty, but this had not been given.
He told he Botswana Gazette last month that Samotse would not be returned to
South Africa. "We cannot hand him over to the South Africans. We have no
obligation to do so and he allegedly committed an offence here," Seretse said.
"We don't care how he got here, because he is not an illegal immigrant in
Botswana."
Samotse (26), who was deported directly from a jail in Polokwane, where he was
being held on August 13 as an illegal immigrant, should first have first passed
through the Lindela detention centre in Johannesburg.
He had been in South African custody for three years while his extradition was
being negotiated by the two governments. He allegedly stabbed his girlfriend,
Tshegofatso Kgati, to death in March 2011 in Francistown, leaving her naked
body on a bed before skipping over the South African border.
Against minister's orders
The deportation took place despite an order by South Africa's then minister of
justice, Jeff Radebe, that he should not be extradited to Botswana after the
authorities there refused to undertake not to execute him if he was convicted.
Samotse is yet to appear in Botswana's High Court.
Meanwhile, a home affairs official told amaBhungane that the department is
concerned that South Africa could become a destination for people seeking to
avoid the death penalty in their own countries.
The official, who asked not to be named, said that, because the fugitives could
not be repatriated, the South African taxpayer would have to pay for their
indefinite detention.
The official said that the South African police had arrested other illegal
immigrants from other Southern African countries who had apparently crossed
into South Africa to avoid execution. But he could not say how many had
allegedly done so.
--------------------------------------------------------------------------------
Capital punishment stays despite controversy
Capital punishment in Botswana, which on average hangs 1 criminal a year, was
declared unconstitutional last year, but a later judgment contradicted the
finding.
In the murder trial of Rodney Masoko, High Court Judge Tshepho Motswagole ruled
that section 203 of the Penal Code, which enshrines the death penalty, is
unconstitutional because it does not provide for convicts to plead in
mitigation where a court has found no extenuating circumstances.
Motswagole found that the section fails to afford people convicted of murder
equal treatment and seriously undermines the individualisation of the inquiry
by excluding well-known sentencing principles.
He sentenced Masoko, who killed his girlfriend in 2006, to life imprisonment.
Motswagole's judgment was applauded by human rights attorneys and the Botswana
Centre for Human Rights but it ran into immediate flak from the directorate of
public prosecutions (DPP), which issued a press statement announcing that the
death penalty remained in force.
Stressing that the controversy surrounding the judgment was misleading to the
public and "regrettable and irresponsible", the DPP pointed to the Court of
Appeal's 1995 finding that capital punishment was constitutional.
The DPP's stance was confirmed in judgment a month later by another High Court
judge, Michael Leburu, who found that section 203 "does not say that the court
should not have regard to mitigating factors".
He condemned 2 men to death for murdering an old man.
Botswana, which retains capital punishment for murder and treason, has executed
47 convicted criminals since independence in 1966.
According to Amnesty International, Southern African countries that have
abolished judicial executions are South Africa, Angola, Mozambique and Namibia.
Zambia has made an international commitment not to use the death penalty.
At least 778 people were executed worldwide in 2013. But the number of
countries carrying out executions dropped from 37 in 1994 to 22 in 2013
(source: Mail & Guardian)
UNITED KINGDOM:
Government blasted for 'dodging obligations' and not pressing for release of
Brit on death row in Ethiopia ---- Political refugee Andy Tsege 'kidnapped' by
Ethopia and possibly facing torture
The partner of a British father-of-3 being held on death row after he was
spirited into Ethiopia has accused the Government of "dodging its obligations"
by insisting it has no grounds for demanding his release.
Andargachew "Andy" Tsege, 59, was arrested at an airport in Yemen in June, and
vanished for a fortnight until he reappeared in Ethiopian detention facing a
death sentence imposed 5 years ago after a trial held in his absence.
The Foreign Office is now facing legal action after it classified Mr Tsege's
arbitrary disappearance and removal to Ethiopia as "questionable but not a
criminal matter" and said that despite the risk of torture and the ultimate
sanction hanging over him it did not feel "entitled" to demand he be returned
home to London.
Yemi Hailemariam, Mr Tsege's partner and the mother of their 3 children, told
The Independent she was deeply concerned that Britain was soft-pedalling on his
case to preserve its relationship with an increasingly important ally in east
Africa.
Mr Tsege, who came to Britain as a political refugee in 1979 and is a prominent
dissident campaigning against the Ethiopian regime, is feared by Ms Hailemariam
and the legal charity Reprieve to be at extreme risk of torture. Electrocution,
beatings and abuse, which includes tying bottles of water to men's testicles,
have been reported by detainees, and Mr Tsege's whereabouts has not been
revealed by the Ethiopian authorities.
Ms Hailemariam said: "For anyone reading what has happened, it must be clear
that Andy is the victim of a crime. He was kidnapped to Ethiopia and faces the
death sentence from a trial where he wasn't even represented. He is a political
prisoner.
The 59-year-old sought asylum in Britain in 1979 after being threatened by
Ethiopian authorities over his political beliefs (Reprieve) "The Foreign Office
is dodging its obligations and it is hard to see any other reason than it is to
preserve Britain's wider relationship with Ethiopia. It is now 117 days that he
has been in detention and Britain must now say enough is enough."
Reprieve, which has taken up Mr Tsege's case, said it was starting legal action
against the Government, potentially leading to a judicial review, to force it
to press for the Briton's immediate release and repatriation.
Maya Foa, director of the Reprieve's death penalty team, said: "Andy Tsege is
now well into his fourth month of detention and, incredibly, we are no closer
to knowing where he is or even whether the Ethiopians plan to execute him. The
UK Government's unwillingness to take action is simply unacceptable."
The father-of-three was en route to Eritrea when he was arrested during a
2-hour stop over in the Yemeni capital, Sana'a, at the apparent request of the
Ethiopian authorities, who seem to have had foreknowledge of Mr Tsege's travel
arrangements.
The Yemeni authorities have claimed the arrest and subsequent transfer of the
Briton to Ethiopia - without any opportunity to challenge the move - took place
on the basis of a security agreement between the 2 countries.
In a letter to lawyers for Ms Hailemariam, seen by The Independent, the FCO
said it accepted "due process" did not appear to have been followed in the case
but said his disappearance did not amount to a "kidnapping".
It added that it required evidence that a British national was not being
treated "in line with internationally accepted standards" before it could
consider approaching local authorities. The letter said: "On the information
presently available, the Foreign Secretary does not consider that the United
Kingdom is entitled to demand Mr Tsege's release or his return."
Ms Hailemariam said: "Andy has been abducted and placed on death row on the
basis of a politically motivated trial. It is difficult to think of
circumstances that would fall further below ???internationally-accepted
standards'. What will it take for Britain to demand the return of one of its
citizens?"
A FCO spokesman said: "The British Embassy in Ethiopia remains in contact with
the Ethiopian authorities about regular consular access to Mr Tsege in the
future so we're able to continue to monitor his welfare. We also continue to
press for reassurances that the death penalty imposed in absentia will not be
carried out."
The Independent revealed earlier this month that public money is being used to
train security forces in Ethiopia under a 2 m pounds programme run by the
Department for International Development (DfID) to fund masters degrees for 75
Ethiopian officials on improving the accountability of security services.
Material on the DfID website explaining the scheme has since been removed,
prompting Reprieve to write to International Development Secretary Justine
Greening asking whether the policy is under review or has been erased "to avoid
embarrassment".
DfID admitted it had cancelled the masters courses due to "concerns about risk
and value for money". A source said the decision was not linked to the case of
Mr Tsege.
(source: The Independent)
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