Oct. 23
GLOBAL:
Pope Francis calls for abolition of death penalty
Today, the Holy Father received delegates from the International Association of
Penal Law (AIDP), addressing them with a speech focusing on the issues in their
subject area that have recourse to the Church in her mission of evangelization
and the promotion of the human person.
The Pope began by recalling the need for legal and political methods that are
not characterized by the mythological "scapegoat" logic, that is, of an
individual unjustly accused of the misfortunes that befall a community and then
chosen to be sacrificed. It is also necessary to refute the belief that legal
sanctions carry benefit, which requires the implementation of inclusive
economic and social policies.
He reiterated the primacy of the life and dignity of the human person,
reaffirming the absolute condemnation of the death penalty, the use of which is
rejected by Christians. In this context he also talked about the so-called
extrajudicial executions, that is, the deliberated killing of individuals by
some states or their agents that are presented as the unintended consequence of
the reasonable, necessary, and proportionate use of force to implement the law.
He emphasized that the death penalty is used in totalitarian regimes as "an
instrument of suppression of political dissent or of persecution of religious
or cultural minorities".
He then spoke of the conditions of prisoners, including prisoners who have not
been convicted and those convicted without a trial, stating that pretrial
detention, when used improperly, is another modern form of unlawful punishment
that is hidden behind legality. He also referred to the deplorable prison
condition in much of the world, sometimes due to lack of infrastructure while
other instances are the result of "the arbitrary exercise of ruthless power
over detainees". Pope Francis also spoke about torture and other inhuman and
degrading treatment, stating that, in the world today, torture is used not only
as a means to achieve a particular purpose, such as a confession or an
accusation - practices that are characteristic of a doctrine of national
security - but also adds to the evil of detention. Criminal code itself bears
responsibility for having allowed, in certain cases, the legitimacy of torture
under certain conditions, opening the way for further abuse.
The Pope did not forget the application of criminal sanctions against children
and the elderly, condemning its use in both cases. He also recalled some forms
of crime that seriously damage the dignity of the human person as well as the
common good, including human trafficking, slavery - recognized as a crime
against humanity as well as a war crime in both international law and under
many nations' laws - the abject poverty in which more than a billion people
live, and corruption. "The scandalous accumulation of global wealth is possible
because of the connivance of those with strong powers who are responsible for
public affairs. Corruption is a process of death ... more evil than sin. An
evil that, instead of being forgiven, must be cured."
"Caution in the application of penal codes," he concluded, "must be the
overarching principle of legal systems ... and respect for human dignity must
not only act to limit the arbitrariness and excesses of government agents but
as the guiding criterion for prosecuting and punishing behaviors that represent
the most serious attacks on the dignity and integrity of the human person."
(source: patheos.com)
ZAMBIA:
Kabwe man sentenced to death for killing wife
A 40-year-old man of Kabwe has been sentenced to death by hanging by the Kabwe
High Court after it convicted him of killing his wife.
This was in a matter in which Vincent Macheleta was charged with the murder of
Lidia Nkoshi.
Kabwe High Court judge Elita Mwikisa convicted and imposed the death penalty on
Macheleta on Tuesday, this week.
"Having found you guilty of this charge, I sentence you to death by hanging,"
Ms Justice Mwikisa said.
The convict, on unknown dates but between February 17 and 18, last year, in
Kabwe, is alleged to have murdered his wife, Nkonshi.
In delivering judgment, Ms Justice Mwikisa told Macheleta that the court had
found him guilty as charged.
During trial, the court heard that Macheleta and Nkonshi had gone drinking at a
local pub in Katondo township on the material day.
Ireen Mwape, 29, sister of the deceased, testified that she found the couple
enjoying themselves at the named pub.
Mwape told the court that Macheleta indicated to her that his wife was behaving
strangely and that he would kill her (jokingly).
Mwape said she was surprised to be informed the following day that her sister
was dead.
She told the court that the body of the deceased was found 5 metres from her
matrimonial home.
And arresting office Evans Mushanga, 25, from Chowa police station testified
that he received a report from William Mubanga, 33.
(source: The Daily Mail)
SAUDI ARABIA:
Saudi convicts 27 for plotting attack on US forces
A court in Saudi Arabia sentenced 27 people to prison for planning a series of
attacks against U.S. forces in Qatar and Kuwait, with more than half of the
defendants charged on Wednesday with also trying to join forces with a group in
Syria to smuggle fighters to Iraq, official media reports said.
The same court also sentenced on Tuesday 2 Saudi citizens to death and a 3rd to
12 years in prison for taking part in violent protests in the eastern town of
al-Awamiya, a Shiite stronghold where protests erupted in 2011 demanding
greater rights from the Sunni-led monarchy.
The verdicts were announced by the official Saudi Press Agency. The state media
reports did not say when the al-Qaida-linked attacks were planned, and did not
name the Syrian group with which 14 of the defendants allegedly tried to form
an alliance.
The al-Qaida-linked members on trial included 25 Saudis, a Qatari and an Afghan
national. They were given varying sentences of between 6 months to 30 years in
prison. The state news agency said the group planned to attack U.S. troops in
Qatar with grenades, rockets and mortar fire.
The U.S. conducts missions over Iraq from al-Udeid air base in Qatar. It also
has bases in Kuwait.
The cell is comprised of 41 members, 38 of which are Saudi nationals. The
remaining 3 are from Qatar, Afghanistan and Yemen.
Verdicts for 13 people were handed down late Tuesday and another 14 were
sentenced on Wednesday.
The Specialized Criminal Court in Riyadh, created to try terrorism cases, found
members of the group guilty of planning to send someone to Iraq for training on
how to make car bombs to target foreign troops in Qatar and Kuwait. They were
also found guilty of planning to carry out directives from al-Qaida's branch in
Iraq.
One of the group's alleged leaders, a Qatari national, received a 30-year
prison sentence. Another alleged cell leader, a Saudi national, was sentenced
to 25 years in prison, the SPA reported. The Afghani was sentenced to 3 years
in prison and ordered deported upon his release on charges he helped raise
money for fighters in his home country.
In the case of the 3 Shiite Saudi nationals, the Specialized Criminal Court
said the men were guilty of chanting hostile slogans to destabilize the
country, using violence during protests and helping provide cover for someone
opening firing at police.
Protests briefly broke out in al-Awamiya in the Eastern Province last week
after revered Saudi Shiite cleric Sheik Nimr al-Nimr was sentenced to death for
a number of charges that largely related to his support for anti-government
protests.
Human rights activists in Saudi Arabia have long complained that the courts
often give protesters harsher sentences than those handed down to extremist
fighters.
(source: zamanalwsl.net)
BANGLADESH:
Ghulam Azam's appeals case deferred
The Supreme Court yesterday fixed December 2 to begin hearing of 2 appeals
filed by convicted war criminal Ghulam Azam, and the government challenging the
tribunal verdict upon a defence plea.
Arguing on behalf of the Jamaat guru, Khandaker Mahbub Hossain said there was
no hurry to begin the case since the convict had been ill and the court had
many important pending cases to deal with.
"If the court starts hearing in this case, it will take a long time. There is
no need to start the hearing so quickly," said Mahbub, also an adviser to the
BNP chairperson.
"Ghulam Azam is 92 years old and got 90 years' imprisonment. He is now dying at
the CCU of Bangabandhu Sheikh Mujib Medical University (BSMMU)," he added.
On the other hand, Attorney General Mahbubey Alam said: "If the hearing is
deferred, the other appeals cases will also be delayed."
Suffering from diabetes and lung complications, the former Jamaat chief has
been treated at BSMMU's cardiac ICU since October 9.
The same bench has so far disposed off appeals cases of Kamaruzzaman, Delawar
Hossain Sayedee and Abdul Quader Molla. Of these, the case against death row
convict Kamaruzzaman, a senior Jamaat leader, is awaiting verdict.
Ghulam Azam was sentenced to 90 years' jail term on July 15 last year by the
International Crimes Tribunal 1 on charges of committing crimes against
humanity during the 1971 Liberation War.
On August 5, the Jamaat supremo filed an appeal against the verdict seeking
acquittal while the government challenged the verdict on August 12 pleading for
death penalty and a ban on the anti-liberation political party,
Jamaat-e-Islami.
After the hearing, the attorney general told reporters: "Though Ghulam Azam's
counsel filed the appeal first, the government will begin their hearing first.
"During the hearing, we will place arguments to award him capital punishment."
(source: Dhaka Tribune)
EGYPT:
Egypt court gives death penalty to 7 jihadis
An Egyptian military court has sentenced to death 7 members of the Islamist
militant group Ansar Beit Al-Maqdis and 2 to life in prison on charges of
planning and executing attacks on the military, media reported.
The attacks, known as the Arab Sharkas case, led to the death of 2 military
officers.
The condemned were charged with planning terrorist operations, shooting at
security forces and attacking military facilities. The ruling has been approved
by Egypt's grand mufti, a necessary procedure in Egyptian law.
This is the 1st trial against the Sinai-based jihadi group, which claims to
support the Islamic State (IS), the Sunni radical group operating in Syria and
Iraq, Xinhua reported citing state-run media Ahram Online.
Terrorist attacks have been on the rise since the ousting of former Islamist
president Mohamed Morsi by the army last July, and the massive security
crackdown on his supporters left about 1,000 dead while thousands were
arrested.
The attacks targeted security men and their premises in the restive Sinai
Peninsula and then extended to hit the capital and provinces across the
country.
A recent official report said the toll from such attacks has reached nearly
500, most of whom were soldiers and policemen. The Al Qaeda-inspired Ansar Bayt
al-Maqdis group has claimed responsibility for most of the attacks.
(source: IANS)
PAKISTAN:
Death sentence commuted
A Lahore High Court division bench on Wednesday converted the death penalty
handed down to 2 convicts in Maulana Azam Tariq murder-attempt case into life
imprisonment.
Ghulam Raza Naqvi and Zaheer Ahmad filed an appeal against their conviction,
saying the trial court handed down the death penalty ignoring many grave facts
of the case. They said the trial court relied on the witnesses of the
prosecution only and there was no independent witness against them. The
appellants asked the court to set aside their conviction and order their
acquittal.
An anti-terrorism court of Sargodha had awarded death sentence to the convicts
on 2 counts - under Section 302 of the PPC and Section 7 of the ATA.
The bench set aside the death penalty handed down to the convicts under ATA and
converted the other one given under PPC into life term.
The prosecution accused the convicts of carrying out an attack on the convoy of
Maulana Azam Tariq in 1994. 2 guards of the Maulana were killed in the attack.
(source: Dawn)
**********************
Asia Bibi's Husband Expresses Distress Over Death Sentence
Asia Bibi has been on death row for several years, and after the Lahore High
Court (LHC) rejected her last appeal, Bibi's husband has become distraught over
the sentence.
"This appeal was [a] ray of hope but the rejection of the appeal has shattered
my confidence in the Pakistani legal system," Bibi's husband Ashiq Masih said
to the British Pakistani Christian Association according to Christian Today.
Shamim Masih of the British Pakistani Christian Association said that Ashiq was
"weeping bitterly" over the result of his wife's death sentence.
"I have not told my children about the court decision. How can I? I am too
scared of their reaction - they are already very depressed. We all were
expecting her to come home and now this happens," Ashiq said.
Bibi, a Christian mother of five, was sentenced in 2010 under Pakistan's
blasphemy laws. Her lawyers have 30 days to file an appeal to Pakistan's
Supreme Court in Islamabad. This is a long process that could take additional
years of waiting, which could pose a problem as Bibi's health conditions
worsen.
"How can I tell my children their mother is not free? This will kill them,"
Ashiq said.
In Muslim-majority Pakistan, blasphemy laws are upheld in the strictest form,
and these charges can lead to the death penalty. Many reports have claimed
these laws are sometimes used to settle personal scores. Belder believes that
the Lahore High Court rejected Bibi's appeal under pressure by Islamists in the
region.
Bibi's case drew international attention when 2 politicians who defended her -
Punjab governor Salman Taseer and minorities minister Shahbaz Bhatt - were
assassinated in 2011 after they spoke out for reforms on the blasphemy laws in
the country.
Other Christian leaders in Iran have spoken out against the ruling. Bishop
Rufin Anthony called for a "Day of Prayer" for Bibi as the court's decision was
"heart breaking," according to BosNewsLife. In addition, Bishop Thomas Dabre of
neighboring India called Bibi's death sentence "an affront to the dignity of us
all."
Samira Shackle wrote in the Guardian that change will not come to the blasphemy
laws because extremist groups have power in Pakistan due to the majority of the
public sharing their ideologies.
"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," she said.
"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."
2 European Parliament legislators, Peter van Dalen and Bas Belder, have said
that they plan to make an official appeal to Parliament on this case, according
to BosNewsLife. They also plan on requesting the European parliament's
president, the European Union's foreign policy chief, the European Commission
president, and the Pope to act now to free Bibi.
"I am saddened and condemn this cowardly decision by Pakistani judges," Van
Dalen said. "It's terrible that they did not find courage to acquit this young
wife and mother of five children. Asia Bibi is innocent. She is already
spending 5 years on death row, and must be freed now."
Bibi was 1st arrested in 2009 she got into an argument with Muslim women
regarding sharing the same drinking water. This resulted in the Muslim women
filing blasphemy charges against her for insulting the prophet Mohammed. If the
death sentence remains upheld, Bibi will be the 1st woman in history to be
legally executed under Pakistan's blasphemy laws.
(source: Christian Daily)
BRITAIN:
David Cameron pledge over death penalty Leith man
The Prime Minister has pledged his support to resolve the "appalling" case of
an elderly Edinburgh man who faces the death penalty for blasphemy in Pakistan
- but has come under fire for getting details wrong.
Mohammed Asghar, who suffers from severe paranoid schizophrenia, was sentenced
to death in January after penning a series of letters where he claimed to be
the Prophet Mohammed.
The 70-year-old grandfather - a former grocer from Leith - is currently in
hospital in Rawalpindi after he was shot by a policeman in Adiyala Jail last
month.
His devastated family have called on the British Government to intervene as
they believe Mr Asghar, who was sectioned briefly in Edinburgh in 2010, is not
receiving the specialist care he needs behind bars.
Speaking during Prime Ministers Questions yesterday, David Cameron said he had
raised the case personally at the highest levels in Pakistan.
In response to a question by Edinburgh East MP Sheila Gilmore, Mr Cameron said:
"It's appalling the way this man has been treated and it is particularly
appalling that he was actually shot while in prison, supposedly being protected
by the Pakistani authorities.
"We have raised this case and I have raised this case personally with the
leaders of Pakistan.
"We obviously are looking at the case for a prisoner transfer, but they had to
be suspended in recent years because Pakistan released prisoners that we
returned to them - so there is a problem there. But we take this case very,
very seriously and we are raising it at every level in Pakistan."
But lawyer Aamer Anwer, who represents Mr Asghar's family, told reporters
afterwards that such transfers had not been suspended and could be used to
return Mr Asghar to Scotland.
He said: "The Asghar family are deeply alarmed that the PM has got it so
completely and utterly wrong on the question of the prisoner transfer
agreement."
Mr Anwer said he had been advised by Scottish Justice Secretary Kenny MacAskill
and First Minister Alex Salmond that a prisoner transfer agreement was an
option for his client. He said: "Scotland of course has its own legal
jurisdiction and the Scottish Prison Authority would deal with any prisoner
transfer rather than England.
"The Foreign and Commonwealth Office confirmed this afternoon to the Scottish
Government following a request from myself for clarification that the PTA is
not suspended," Mr Anwer added.
Mr Asghar's daughter, Jasmine Rana, 40, presented a petition to the Prime
Minister last week which was signed by 70,000 people including comedian Frankie
Boyle and actor David Morrissey.
The family have also met with Mr Salmond who called for Mr Asghar to be
transferred to a Scottish prison.
(source: Edinburgh News)
***********************
Britain urged to suspend aid to Pakistan as hangings loom----Campaigners call
for British aid to Pakistan to be halted as Pakistan prepares to hang 1st
prisoner in 6 years
Britain is under pressure to suspend aid to Pakistan as the country prepares to
resume executions.
Shoaib Sarwar, a convicted murderer, is scheduled to be hanged on Monday,
ending a 6-year moratorium on the death penalty and opening the door to the
executions of thousands more on death row.
Britain will this year spend 446 million pounds in Pakistan, making it the
largest recipient of overseas aid in the world.
It includes millions of pounds to support anti-drug trafficking operations by
the Anti-Narcotics Force (ANF), under a United Nations scheme to halt the flow
of drugs from Afghanistan.
British aid has provided extensive training, as well as bullet-proof vests,
night vision goggles, vehicles, body scanners and paid for the maintenance of
helicopters.
Drug possession is a capital offence, and 111 drug offenders are on Pakistan's
death row, including British nationals who were convicted in trials which
critics argue fell short of international standards.
Reprieve, the charity that campaigns against the death penalty, said Britain
risks being "complicit in a gross human rights abuse" if drug mules caught by a
force trained and equipped by Britain are executed.
The ANF prides itself on securing a conviction rate of more than 92 %. Its
annual report notes the organisation's "thirst" for guilty sentences, adding:
"Fear of having 92 % chances of being convicted would surely forbid a sane man
from falling prey into the hands of drug traffickers". There are widespread
allegations of police corruption and fabricated evidence in trials.
British aid in Pakistan is frequently judged on its success in increasing the
number of arrests and successful prosecutions.
Britain and Denmark suspended funding for a similar UN anti-drugs programme in
Iran because the Tehran regime was using the death penalty for drug offences.
Sarwar, 1 of 8,000 people on death row, was due to be hanged on September 18.
The execution was postponed twice until Monday.
Maya Foa, the director of Reprieve's death penalty team, said continued British
aid for the program must be made conditional on Pakistan abolishing the death
penalty for drug offences.
"The people whose death sentences British aid has supported are hardly the
barons or kingpins of the international drug trade; rather, they are innocent
scapegoats or vulnerable mules, often targeted by notoriously corrupt police
forces eager to meet quotas," she said.
"British aid for executions breaches the Government's own human rights rules
and makes a mockery of its commitment to fight capital punishment abroad."
A spokesman for the Department for International Development said: "Our aid
relationship with any government is based on an assessment of commitment to our
partnership principles, including to human rights."
A Foreign Office spokesman added: "We are concerned by any suggestion that
executions might resume in Pakistan. The UK opposes the death penalty in all
circumstances and continues to urge the Government of Pakistan to abolish the
death penalty, and as a minimum to maintain its de facto moratorium on
executions."
The Coalition has committed to spending 0.7 % of GDP on overseas aid. MPs on
the International Development Select Committee have called for aid to Pakistan
to be cut, arguing that it is a middle income country whose leaders failed to
collect and pay taxes.
(source: The Telegraph)
INDONESIA:
Australian's wife could face death penalty----Accused of arranging the murder
of her Australian husband, Indonesian woman Noor Ellis could face the death
penalty in Bali.
A woman accused of arranging the murder of her Australian businessman husband
in Bali could face charges carrying the death penalty.
The development in the case comes as the couple's Perth-based sons arrive in
Bali to mourn their father, Robert Ellis, 60.
Mr Ellis was found dead in a watery ditch alongside a lonely rice field on
Tuesday.
He was set upon in his own Bali kitchen by 5 killers who slashed his throat
"like killing a pig", police say.
His wife of around 20 years, Indonesian Julaikah Noor Aini, known as Noor
Ellis, is accused of ordering the crime while furious over money and
infidelity.
Police will allege she paid Arli, the boyfriend of her maid known as "F",
$14,000 to kill Mr Ellis, most of it to be paid after the crime.
Police spokesman Hery Wiyanto says the wife, Arli, "F" and a 2nd maid known as
"Y" will be charged.
F is accused of "lifting and dumping" Mr Ellis' body, while Y apparently
cleaned up the bloody kitchen.
Mr Hery said 2 charges were being weighed - murder, carrying up to 15 years
jail, and premeditated murder - which carries a maximum penalty of death.
4 others were still wanted for assisting Arli, he said.
"Some have fled out of Bali and some are still hiding in Bali," he said.
"We urge them to surrender. Wherever they are, we will hunt them down."
The couple's sons Jon and Peter Ellis, both Perth-based students, arrived in
Bali on Thursday.
They released a statement on Wednesday saying their father was a huge influence
in their lives.
They were "completely devastated" by his death, they said.
Police say the roles each of the accused played in the crime are still being
established, with another re-enactment to be staged for investigators on
Friday.
(source: AAP)
IRAN----execution
Prisoner hanged after 6 years on death row
The authorities in a prison in a northern city of Iran hanged a young man after
he had been on death row for 6 years.
The 35-year-old prisoner was executed on Wednesday (October 22, 2014) in a
prison in Amol - a city in the northern Mazandaran province.
The head of the regime's judiciary identified the prisoner by his initials -
H.S., reported state-run Fars news agency.
Meanwhile, on the same day 10 other inmates have been transferred to isolation
to await their execution in 3 prisons across the country.
3 prisoners were transferred to solitary confinement in a prison in the
southern city of Kerman.
In Adel-Abad prison in the southern city of Shiraz 6 inmates who have been
sentenced to death were transferred to isolation to be executed in coming days.
3 of the inmates had been arrested on drug related charges.
A truck driver who had been sentenced to death for drugs being found on his
truck without his knowledge has been transferred to await his execution in city
of Zahadan, southeastern Iran.
In Iran, under the rule of mullahs and under Hassan Rouhani, the death penalty
is being widely used.
Since August 2013 when Hassan Rouhani took office as a 'moderate' president,
over 1000 - mostly officially announced - executions have been carried out in
Iran.
At least 27 women and more than a dozen prisoners who were juveniles at the
time of their arrest, together with 20 political prisoners, are amongst those
hanged, many publicly.
(source: NCR-Iran)
KURDISTAN:
300 People in Kurdistan Region Waiting Execution
The number of people in Kurdistan Region who are waiting to be executed
increases with each passing day, even though the capital punishment has not
been implemented in the region for almost 15 years.
However, some experts believe that death penalty is necessary to be implemented
in Kurdistan Region, due to the current situation since Kurdistan is in fight
with the Islamic State (IS) militants.
According to information obtained by BasNews that currently in all Kurdistan
region prisons, about 300 people are waiting to be executed, even though the
sentence has not implemented in Kurdistan region in the last decade.
A source from one of the Kurdistan Region prisons who spoke on condition of
anonymity said that the cost of each of these prisoners who's their fate have
been decided by the court is waiting execution almost US $8 per day, on the
Kurdistan government.
The head of Law Committee in Kurdistan Parliament, Valla Farid told BasNews
that the implementation of death penalty has been stopped in the Kurdistan
Region. There is no draft law in the parliament to review the case of those
people that have been decided by court to be executed.
She believes that there should be more clarity on capital punishment law and
there must be a decision made on weather the death penalty to be implemented or
stopped permanently.
Member of the Law Committee in Kurdistan Parliament Goran Azad told BasNews and
stated, "The final decision must be made on death penalty, either to carry out
the punishment or cancel it because it has caused many problems that these
people who are sentenced to death and they are counted as died people while
they are still alive."
"A number of Kurdistan judges came to Parliament and talked about this issue.
They stated that there are some criminals that should be executed because of
the extent of their crimes," added Azad.
He also mentioned that there is some crimes in Kurdistan Region that is way
worse than the crimes of Islamic State (IS) militants.
"Therefore, we can't say that this law is only for terror crimes not other
ones. Kurdistan Parliament and other governmental establishments must seriously
discuss this issue law, and they have to make a decision and decide that is
should be implemented or removed completely," explained Azad.
Social Expert, Salih Rahman told BasNews that, "It is better to have a serious
discussion about this law as well as holding a session in the parliament about
it because the destiny of those people is between death and life, and I am sure
that they will prefer death instead of that."
Rahman noted that perhaps this punishment has its importance now in time of war
in order to protect the life of other people in general.
(source: Bas News)
_______________________________________________
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
~~~~~~~~~~~~~~~~~~~~~~~~~~~
