Oct. 19
PHILIPPINES:
Death penalty revival opposed
2 members of the House Independent Bloc on Saturday maintained their opposition
against the revival of the death penalty as a solution to the current peace and
order problem in the country.
Rep. Jonathan de la Cruz, member of the Bloc headed by Leyte Rep. Ferdinand
Martin Romualdez, said death penalty will not stop heinous crimes, stressing
that "preventive measures" should be done instead by the government.
"There is no need to re-impose the penalty of death as crime deterrent," de la
Cruz said. "We have enough penalties to impose on those committing heinous
crimes," he added.
De la Cruz stressed that the government should instead adopt "steady preventive
measures, swift and proper judicial action to mete out penalties."
"The certainty of lawful action and penalty can make the difference," de la
Cruz pointed out.
Buhay party-list Rep. Lito Atienza dismissed death penalty a "poison" as he
maintained his position on "respect for human life."
"Reimposing the death penalty is not the solution to the breakdown in the
country's peace and order situation. It is not and never will be an effective
deterrent to the commission of crimes and will not address this serious
problem," Atienza said.
Atienza stressed that the return of death penalty will never be an effective
solution to criminal activities.
"The problem is the lack of effective and efficient law enforcement but the
solution is not the death penalty - this will not stop the heinous crimes in
the country; and the defective criminal justice system. Certainty of arrest is
the best deterrent to crime," Atienza said.
Atienza pointed out that the present police system is in dire need of concrete
reforms - from the investigation to the prosecution and judicial action.
(source: Manila Standard Today)
IRAN---executions
4 prisoners hanged in northern city
The Iranian regime henchmen hanged 4 men on Sunday in the main prison in city
of Rasht in northern Iran.
The head of judiciary in Gilan province did not identify the prisoners but said
they were all men that had been arrested on drug related charges.
The reports by state run news outlets said the prisoners were 32, 46, 44 and 32
years old.
Since Hassan Rouhani has become the president of the regime over 1000 prisoners
have been executed whilst the news on the execution of many prisoners never
gets out.
At least 27 women and 12 prisoners who were juveniles at the time of their
arrest, together with 20 political prisoners, are amongst those executed with
57 of these executions carried out in public. During this period, a number of
prisoners were killed under torture.
In a message on the occasion of the World Day Against the Death Penalty
(October 10, 2014), Mrs. Maryam Rajavi, President-elect of the Iranian
Resistance, stated that the religious dictatorship ruling Iran is a government
of executions based on its history, ideology, laws and daily policies.
The head of policy and government affairs at Amnesty International said
recently "Iran is a serial human rights offender" adding "President Rouhani has
attempted to cast himself as a mild-mannered reformist figure, but the brutal
reality is that Iran is hanging an average of 2 prisoners a day, the vast
majority after unfair trials."
(source: NCR-Iran)
MALAYSIA:
Suspect in UUM graduate's murder told to enter defence
Shahril Jaafar, 33, faces the death penalty if convicted over the murder of
Universiti Utara Malaysia graduate Chee Gaik Yap in 2006. ??? The Malaysian
Insider pic by Hasnoor Hussain, October 19, 2014.More than 8 years after
Universiti Utara Malaysia graduate Chee Gaik Yap was killed, the man accused of
her murder has been ordered to enter his defence.
Alor Star High Court judicial commissioner Datuk Mohd Zaki Abdul Wahab set
December 28 to 31 for the trial of Shahril Jaafar, a 33-year-old businessman,
who faces the death penalty upon conviction.
Shahril was charged with killing Gaik Yap between 5.30pm on January 14, 2006,
and 3.05am the next day, near the Cinta Sayang Club in Taman Ria Jaya, Sungai
Petani.
Chee, who was 25, was reportedly kidnapped and killed before the body was
dumped at the Taman Ria Jaya housing estate where it was found semi-nude on
January 15, 2006. It was believed that she was also raped.
It was believed that the marketing executive was followed by her assailant
while jogging in the housing estate.
Deputy public prosecutor Kee Wei Lon said it was now up to the defence to prove
its case.
"The prosecution will not call any witnesses. We have proven a prima facie
case. It is now up to the defence to rebut," he said outside the courtroom.
Shahril's lawyer, Shamsul Sulaiman, asked the court to defer the trial dates to
January as Shahril's wife would be in confinement then. He told the court she
was expected to deliver in mid-December.
Zaki rejected the request. He also said that Shahril, who is held at the Alor
Star prison, would remain in detention during his wife's delivery.
Shamsul then asked the court to transfer the case to the Sungai Buloh prison so
that Shahril's wife could visit him, but the court rejected the request.
Shamsul later said the defence would call about 10 witnesses, including the
Shahril's father, police and Road Transport Department officers, a reporter, a
car dealer and an officer from the Australian High Commission.
The public gallery was packed this morning with reporters, family members of
the accused, Gaik Yap's father Chee Ah Sau (pic, right), 58, and the public.
Shahril, who sat in the gallery under police supervision, was seen chatting
with a woman believed to be his wife.
He told reporters that they were married in January this year.
Chee's father, a construction worker, said through Sidam assemblyman Dr Robert
Ling that the family hoped that justice would finally be served.
Ling said the family had been hurting for a long time.
"It has been unfair... not just for the family. Even outsiders feel for the
family.
"They only want justice and they will go on fighting for it," he said.
Chee was the 3rd of 6 children in the family.
Her murder case attracted public attention when Shahril, who was arrested as a
suspect, fled to Perth, Australia, after he was released on police bail pending
a DNA test in 2006.
The son of a Datuk who owned a meteorite and opal company, Shahril reportedly
evaded arrest for 6 years and police had watched all airports and entry points
for him.
He was arrested at the Kuala Lumpur International Airport on January 17, 2012
on his return from Perth, and was charged with Gaik Yap's murder 2 weeks later.
On June 25, 2013, Shahril was acquitted and discharged by the Alor Star High
Court without his defence called.
Zaki, in his decision, said the prosecution failed to prove a prima facie case
as there was no clear evidence to implicate Shahril in the murder.
He said the prosecution failed to prove that Shahril had stabbed the Chee, and
the possibility of a 3rd person being involved in the crime, based on evidence
by witnesses, could not be ruled out.
There was also evidence that Shahril's DNA had similarities to the traces of
semen found on the Chee but it was not a complete match.
Last week, the Court of Appeals set aside Shahril's acquittal and discharge,
and ordered him to enter his defence.
The panel of judges led by justice Linton Albert also ordered Shahril to be
remanded.
(source: The Malaysian Insider)
IRAQ:
New UN report reveals alarming rise in use of death penalty in Iraq
Top United Nations officials are today calling on Government of Iraq to impose
a moratorium on the use of the death penalty after a new UN report found an
alarming rise in executions carried out by the country since capital punishment
was restored in 2005.
Equally troubling, warn the officials, is that the report details how
executions in Iraq are often carried out in batches on one occasion last year,
up to 34 individuals were executed in a single day and that overall, many
convictions are based on questionable evidence and systemic failures in the
administration of justice.
Published jointly today by the UN Assistance Mission for Iraq (UNAMI) and the
Office of the UN High Commissioner for Human Rights (OHCHR), the report
document that the number of executions carried out in Iraq rose substantially
between 2005 and 2009.
Alarmed by the scale and extent of the imposition of death sentences in Iraq,
and deeply troubled by the weaknesses in the criminal justice system, UNAMI
chief Nickolay Mladenov Mladenov, and UN High Commissioner for Human Rights
Zeid Raad Al Hussein, jointly called on the Iraqi Government to impose a
moratorium on the use of the death penalty as a 1st step towards its abolition,
in line with UN General Assembly resolutions.
In 2009, 124 people were executed. Despite a drop in the implementation rate in
2010, the number of executions significantly increased between 2011 and 2013,
culminating in the hanging of 177 individuals in 2013. Between 1 January and 30
September 2014 at least 60 people have been executed.
A press release on the report notes that, as of August 2014, according to the
Iraqi Ministry of Justice, some 1,724 prisoners are awaiting execution. This
number includes those sentenced to death at first instance, those on appeal,
and those awaiting implementation of their sentences.
UNAMI and OHCHR have repeatedly voiced concerns about observed weaknesses of
the Iraqi justice system, the report states. Criminal investigations and
judicial proceedings in death penalty cases frequently fail to adhere to
international and constitutional guarantees of due process and fair trial
standards.
The report goes on to note that in over 1/2 of the trials involving the death
penalty monitored by UNAMI, judges systematically ignored claims by defendants
that they were subjected to torture to induce confessions, and in the remainder
of cases they took little or no action.
Moreover, the UN found that in nearly all cases, judges proceeded to convict
defendants and sentence them to death based solely, or substantially, on the
weight of disputed confession evidence or the testimony of secret informants.
Most defendants appeared in court unrepresented, and where the court appointed
an attorney, no time was granted to the defendant to prepare adequately a
defence.
The use of the death penalty in such circumstances carries the risk of grievous
and irreversible miscarriages of justice since innocent people may face
execution for crimes they did not commit. Far from providing justice to the
victims of acts of violence and terrorism and their families, miscarriages of
justice merely compound the effects of the crime the report states.
The large numbers of people who are sentenced to death in Iraq is alarming,
especially since many of these convictions are based on questionable evidence
and systemic failures in the administration of justice, said Mr. Mladenov, who
is also the Special Representative of the Secretary-General in Iraq.
For his part, High Commissioner Zeid urged the new Iraqi Government to make a
commitment to address the serious shortcomings in the criminal justice system
in the country.
The new Government in Iraq is facing many serious security challenges, and it
is more urgent than ever that the rule of law is reinforced and firmly
entrenched in the country, Mr. Zeid said.
Given the weaknesses of the criminal justice system in Iraq, executing
individuals whose guilt may be questionable merely compounds the sense of
injustice and alienation among certain sectors of the population, which in turn
serves as one of the contributing factors that is exploited by extremists to
fuel the violence. he added.
Among its conclusions, the report stressed that the Government of Iraq urgently
needs to develop and implement policies that address the conditions conducive
to armed violence and terrorism, but which reinforce the rule of law and that
promote the respect and protection of human rights.
These should include re-engaging affected communities in policies and
decision-making related to their protection, ensuring actual protection by
impartial State security forces from insurgent and terrorist activities,
committing more resources to enhancing the forensic and investigatory
capacities of police and security force members to investigate crimes, and
reform of the criminal justice system.
(source: UN News Centre)
PAKISTAN:
The Lahore court's decision to uphold Asia Bibi's death penalty is far from
just----Unless influential people oppose Pakistan's harsh blasphemy laws,
there's no hope for her or many others facing execution
In November 2010, Asia Bibi, a Christian mother of 5, was sentenced to death in
Pakistan. Her crime was allegedly insulting the prophet Muhammad during an
argument with some Muslim neighbours. The case caused an international outcry;
politicians and international human rights organisations took it up; lawyers
appealed. Today, the Lahore high court upheld the death sentence.
Bibi's case shone a spotlight on Pakistan's harsh blasphemy laws. The existence
of blasphemy laws is not itself unusual. All over the world, different
countries restrict what citizens can say about religion; Britain had a
blasphemy law until 2008. What is exceptional in Pakistan is the extremity of
the penalties, and the light burden of proof. Blasphemy carries a maximum
penalty of death, yet the law sets out no standards for evidence, no
requirement to prove intent, no punishment for false allegations and, indeed,
no guidance on what actually constitutes blasphemy.
The accuser can refuse to repeat the offending statement in court, and judges
can choose not to hear evidence in case it perpetuates the blasphemy and
offends religious sensibilities. This means that in some cases, the accused can
go through a whole trial without knowing what they are supposed to have done or
said.
The law is open to massive abuse. As such, it is frequently used to settle
personal vendettas and to persecute minorities. Bibi???s alleged blasphemous
comments were supposedly made after co-workers refused to share water that she
had carried; they said it was unclean because she was a Christian (this is a
hangover from the caste system, as most of those who converted to Christianity
in pre-partition India were members of the lower castes). She has always
maintained her innocence, claiming that these neighbours simply wanted to
punish her. The British citizen Mohammed Asghar, who suffers from paranoid
schizophrenia, also faces the death sentence for blasphemy. Allegations were
made against him in 2010 by a tenant with whom he was having a dispute. No
concessions have been made for his mental health condition.
Despite these obvious flaws in the legislation and the way it is applied,
reform is not coming. When Bibi's case came to prominence in 2010, 3
politicians - Salmaan Taseer, Shahbaz Bhatti and Sherry Rehman - all from the
Pakistan People's Party, which was then in power, took up the case and called
for reform. The consequences speak for themselves. Taseer was shot dead by his
bodyguard in January 2011. In March the same year, Bhatti was killed by Taliban
assassins. Rehman was forced into semi-hiding. The then prime minister shelved
all reform, cowed into retreat by the potent mix of extremist threats and mob
violence.
Blasphemy excites strong emotions among parts of Pakistan's public like no
other issue. Many people accused of blasphemy are killed by mobs before they
even make it to trial. (According to the Islamabad-based Centre for Security
Studies, at least 52 people have been killed over blasphemy offences since
1990). Taseer's assassin was showered with rose petals when he arrived at the
courthouse for his murder trial. Many took this as evidence of the way that
extremist groups have infiltrated elements of Pakistani society, exploiting the
public's strong religious sensibility and pushing it further towards
intolerance.
The power of extremist groups, and the acquiescence of politicians, has had a
big impact on the direction of public discussion in Pakistan. The targeting of
anyone who speaks out about blasphemy laws has had a chilling effect, and even
outspoken liberal voices are reluctant to make the case for reform publicly.
Several years ago, while living in Karachi, I wrote on the subject for 1 of
Pakistan's leading liberal English-language newspapers. The editors decided not
to publish it because the subject was deemed too risky.
While this self-censorship is entirely understandable in a country where the
authorities provide little protection, it gives extremist ideas the space to
flourish and grow. Without people in the halls of power willing to stand up and
call for change, there is little hope for Bibi, Asghar and the hundreds of
other disenfranchised people sentenced to death under these excessive and
nonsensical laws.
(source: The Guardian)
SEYCHELLES/EGYPT:
Seychelles founding president plea to Egypt's President Abdel Fattah El-Sisi
The death penalty is a controversial subject in many countries, including the
Republic of the Seychelles. The Seychelles, like many nations don't believe in
having a death penalty, and life in prison is the ultimate punishment for a
crime. Yesterday in a personal letter to Egyptian President Abdel Fattah
El-Sisi, Seychelles founding President James R. Mancham calls on the Egyptian
leader to show mercy towards 3 Seychelles citizens about to face the gallows.
President Sir James R. Mancham asked eTN to publish this letter:
18th October, 2014
THE President Abdel Fattah El-Sisi
President of the Republic of Egypt
Your Excellency
This morning, the popular Seychelles newspaper 'TODAY' has carried on its first
page an article entitled "Sentenced to death - Time is running out", concerning
the information the paper has received that 3 young Seychellois - Ronny Jean,
Yvon Vinda and Dean Loze will be executed on November 5th 2014 following the
rejection of their appeal against the death sentence imposed on them by the
Egyptian courts on the 7th of April 2013.
The 3 Seychellois were arrested on the 22nd of April 2011 in the Red Sea after
Egyptian Police Officers found 3 tons of drugs inside their South African
flagged boat.
Whilst the Seychelles Government has adopted a "zero tolerance" policy against
drug trafficking and cannot interfere with the Egyptian system of justice, it
has nonetheless involved the Egyptian authorities with a view to spare the 3
persons the penalty of capital punishment which does not exist in Seychelles
legal system at this time.
Seychelles is a small nation with only 90,000 people, living more or less next
to each other and whilst the Seychellois people feel that the 3 young men
deserve maximum penalty of imprisonment - they should in the circumstances
prevailing, be spared the gallows.
As the founding President of the Republic and as the recipient of Gusi Peace
Prize Award for Statesmanship in 2011; as the recipient of the International
Jurists Award in 2010 and as the elected member of the Committee of Elders of
COMESA who represented the African Union at the last Egyptian Presidential
Elections before Your Excellency was elected to office in his own right, I
consider it my duty to support the Seychelles Government's plea for clemency
for these 3 Seychellois, with a view to commute their death sentence to one of
imprisonment.
Your Excellency, I have personally, during my lifetime, held Egypt and the
Egyptian people in high esteem and affection, ever conscious of the Nation's
important civilizing role in the history of our planet.
- As a young man growing up in Seychelles, one of my family's preferred songs
was "See the pyramids along the Nile: watch the sun rise over tropic isles."
Through this song, I became endeared to Egyptian history and geography - and
e.g. learnt that Saad Zaghloul Pasha ibn Ibrahim was an intelligent Egyptian
national hero, was exiled together with five other political personalities by
the British in Seychelles in 1922 when he arrived onboard a British warship. In
1923, he was allowed to return to Egypt where he became Prime Minister in
February 1924. Pasha died in Cairo on the 23rd of August 1927.
- As a young philatelist, I became the owner of a colourful collection of
stamps depicting King Farouk.
- During the Second World War, the British created an army contingent styled
"Seychelles Pioneer Corps" within which my uncle became an officer. Stationed
in Benghazi, Libya, the Seychellois soldiers brought home great stories about
their visit to Cairo which was the place they were sent for rest and
recreations.
- In 1957, I passed through Suez Canal, visited Port Said and Port Alexandria
on the last ship that was allowed to go through the Canal following the
Anglo-France and Israel attacks on Egypt.
- In June 1976, as the founding President of the Republic of Seychelles, I
participated at the Afro-Arab Summit in Cairo that was hosted by the late
President Anwar Sadat.
- In 2004, I transited through the Port of Safaga in order to board The World
ResidenSea as a lecturer on a cruise from Egypt to the Indian Ocean Islands.
- In 2011, I was a member of a COMESA Pre-Election Assessment Mission in Cairo
and a few months later was designated by the then Secretary-General of the
African Union to be the African Union witness at the Presidential Elections
which brought to office your predecessor.
All these opportunities have enabled me to appreciate the complexity of the
Egyptian society and its political problems, but also to appreciate the beauty
of the country, the richness of its history and specially to appreciate the
cultural dimension of its peace-loving people.
Of course, none of these situations provide me with any justifiable premise to
interfere with the system of justice which prevails within the Egyptian nation
today. However, I was extremely impressed and encouraged with the address Your
Excellency delivered to the United Nations General Assembly recently when you
ended your speech by chanting "Long Live Egypt."
Considering what I read about your strong character and personality and the
popularity of your leadership in Egypt at this time, it is my view that you are
the only person who could intercede so that the 3 Seychellois prisoners would
be spared the gallows.
Your Excellency, in the above context and spirit, I am reminded of what William
Shakespeare said concerning 'The Quality of Mercy': "The quality of mercy is
not strain'd,
It droppeth as the gentle rain from heaven
Upon the place beneath: it is twice blest;
It blesseth him that gives and him that takes..."
Mr President, I pray and continue to pray for a wise and merciful conclusion of
this sad and unfortunate case. May Allah bless you forevermore.
With highest considerations
Sir James R. Mancham, KBE
Founding President of the Republic of Seychelles
(source: eturbonews.com)
SAUDIA ARABIA:
Demos held in KSA against Shia Muslim cleric's death verdict
Hundreds of people have taken to the streets in Saudi Arabia's Eastern Province
to protest against the death sentence of a dissident Shia Muslim cleric, Press
TV reports.
For the 3rd consecutive day, people launched rallies in several towns of the
kingdom's Eastern Province, including Qatif and neighboring Tarout Island, on
Friday to show their solidarity with Saudi Shia cleric, Sheikh Nimr Baqir
al-Nimr, who has been handed down the death penalty.
The recent spate of demonstrations comes after Nimr was sentenced to death at
the Specialized Criminal Court in the Saudi capital city of Riyadh on
Wednesday.
"This regime [Saudi regime] has been torturing and killing people...and now
they have taken it up to a new level which is to go after someone like Sheikh
Nimr.... All of these are made-up charges to silence the voices that are
growing in Saudi Arabia against this oppression," human rights activist, Naseer
al-Omari, told Press TV on Friday.
The prominent Shia cleric was attacked and detained in the Saudi city of Qatif
in July 2012. His arrest sparked widespread protests in the kingdom, claiming
the lives of several anti-government demonstrators.
Sheikh Nimr is accused of disturbing the country's security, giving anti-regime
speeches, and defending political prisoners.
Amnesty International has called the death sentence for Sheikh Nimr
"appalling," saying the verdict should be quashed since it is politically
motivated.
International human rights organizations have repeatedly lashed out at Saudi
Arabia for failing to address the human rights situation in the kingdom. They
say Saudi Arabia has persistently implemented repressive policies that stifle
freedom of expression, association and assembly.
(source: Press TV)
********************
Riyadh Could Face Muslim World Boycott over Execution of Nimr: MP
A senior Iranian lawmaker warned Saudi Arabia that it could face boycott by the
Muslim world unless it thinks twice about executing top Shiite cleric Sheikh
Nimr al-Nimr.
"If Saudi Arabia wants to make the mistake of executing prominent cleric,
Sheikh Nimr, it should expect boycott by the Islamic world against its
interests," Vice-Chairman of the Iranian Parliament's National Security and
Foreign Policy Commission Mansour Haqiqatpour told the Tasnim News Agency on
Saturday.
The lawmaker also cautioned that Riyadh's decision to impose death penalty on
the Shiite cleric will ignite the "flames of wrath" which would burn the Saudi
leaders, whom he blamed for the mercenary attitudes.
Warning about the consequences of death sentence against Nimr, the MP noted
that the move will result in decline in relations between Tehran and Riyadh.
"The execution, if carried out, will negatively affect the political and
regional ties between Iran and Saudi Arabia," Haqiqatpour cautioned.
Sheikh Nimr was detained in July 2012 following demonstrations that erupted in
February 2011 in Qatif region. He is accused of delivering anti-regime speeches
and defending political prisoners.
His arrest has sparked widespread protests in Saudi Arabia, leaving several
people dead.
Activists say there are over 30,000 political prisoners in Saudi Arabia.
International human rights organizations have criticized Saudi Arabia for
failing to address the rights situation in the kingdom. They say Saudi Arabia
has persistently implemented repressive policies that stifle freedom of
expression, association and assembly.
(source: Tasnim News)
BOTSWANA:
Wrongly Repatriated Man Will Not Be Spared Execution
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.
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.
This follows the deportation of the suspect, Edwin Samotse, to Botswana in
August, 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.
Tshwete confirmed that three home affairs officials are being investigated in
connection with the illegal deportation of Samotse.
(source: altervista.org)
_______________________________________________
DeathPenalty mailing list
[email protected]
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/[email protected]/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
