Nov. 13
BOTSWANA:
Hukuntsi Court Denies Duo Bail
Hukuntsi Magistrate Court has denied bail to 2 double murder accused as they
are a danger to the society.
The duo, who appeared on November 11, were the 30- year-old Tshiamo Kgalalelo
and 25- year-old Mika Mpe, both from Werda. They are alleged to have robbed and
murdered Mmamosotho Disere, a farm employee, on October 7, 2014.
According to the particulars of the offence, the 2 on the fateful day at
Kalakanche Farm near Kang in Kgalagadi District, acting jointly and with common
purpose robbed Disere of a rifle and a laptop and later murdered her.
The pair was also facing another murder charge before Ghanzi Magistrate Court
after robbing, raping and murdering Ms Reinette Vorster on January 31, 2014 at
one of the farms in the outskirts of Ghanzi Township.
During the accused bail application hearing, state prosecutor Inspector Poloko
Oteng of Tshane Police Station contended that the duo committed the 2nd murder
at Kalakanche while out on bail, thus it was evident that they were a danger to
the society.
He therefore, pleaded with the magistrate to consider the eminent danger that
the accused pose to the community bearing in mind the seriousness of the crimes
they committed within a short period of time while on bail.
In his bail ruling, Hukuntsi magistrate, Mr Johnny Baakile said the accused
should be treated innocent until proven otherwise. However, he said
constitutional rights were not absolute therefore they could be denied bail
looking at the prevailing circumstances at the time.
Magistrate Baakile concurred with the prosecution that the accused were facing
serious offences of murder before Ghanzi and Hukuntsi Magistrate Courts
respectively and if convicted they might face death penalty. In addition, they
had also committed other offenses such as robbery and rape, which attracted
mandatory custodial sentences.
He therefore dismissed the claim brought by the accused that if given bail,
they would obey its conditions particularly that they had in the past violated
it and thus had it revoked. They would appear for another mention on February
25, 2015.
(source: All Africa News)
BANGLADESH:
Bring Khokon Razakar back, execute immediately----Gonojagoron Mancha tells govt
A faction of the Gonojagoron Mancha today urged the government to execute
fugitive condemned convict MA Zahid Hossain Khokon after bringing him back to
the country immediately.
Imran H Sarker, the spokesperson of the faction, said this while talking to our
correspondent over phone today soon after a tribunal awarded Khokon death
penalty for crimes against humanity committed during the Liberation War in
1971.
Welcoming the verdict, the activists of the Mancha, a pro-liberation platform,
brought out a joyous procession from Shahbagh to Teacher-Student Centre (TSC)
of Dhaka University.
He termed the recent statements of Law Minister Anisul Huq and Attorney General
Mahbubey Alam regarding the execution of death row convict Jamaat-e-Islami
leader Muhammad Kamaruzzaman as 'contradictory' and 'unexpected'.
"The government should focus on the execution of the verdict," Imran said.
(source: The Daily Star)
***********************
Bangladesh Islamist Leader, Sentenced to Death Penalty for His Role in Mass
Killings & Rape During Bangladesh Liberation War in 1971
Bangladesh War Crimes Tribunal gathered Thursday, sentencing death penalty to
the leader of the largest Islamist party in the country. Bangladesh war crimes
tribunal found Chief M.A. Zahid Hossain Khokon, 70, guilty of his role in
killing people, looting and other assaults during the 1971 war for independence
against Pakistan.
Khokon, an opposition politician, is a fugitive whom authorities believed, is
now hiding in Sweden with his children. Khokon now faces 10 criminal charges
out of 11 cases filed against him. Khokon's lawyer claimed that his client was
deprived of justice but the court clearly said that they cannot make an appeal
to Bangladesh's Supreme Court unless Khokon 1st surrenders.
Bangladesh government throws the blame to Pakistani military and local
accessories for the deaths of 3 million people, raping about 200,000 women and
approximately 10 thousand people were bound to escape in neighbouring India.
Prime Minister Sheikh Hasina has set up the special tribunal primarily to
obtain justice for the victims of the nine-month war that separated the
Bangladesh from Pakistan. But critics say this is her way of weakening the
country's political opposition party. The war crimes tribunal has convicted 13
people and most of them were leaders of the nation's Islamist group,
Jamaat-e-Islami. The three-member tribunal was headed by Justice M Enayetur
Rahim. Death penalty verdicts for these leaders sparked violence reactions from
the Jamaat-e-Islami party.
In 1971, Bangladesh won their Independence from Pakistan. 'The new government
banned the Jamaat-e-Islami from joining from political participation and its
leaders went into exile in Pakistan'. Beginning the existence of the
International Crimes Tribunal, convictions of the Jamaat-e-Islami leaders has
started. These leaders were found guilty of genocide and notorious war crimes.
Some of the leaders who received sentence to death were Muhammad Kamaruzzaman,
Delwar Hossain Sayeedi, Ali Ahsan Mohammad Mojaheed. Ghulam Azam was sentenced
to 90 years in prison. Chowdhury Mueen-Uddin, who was indicted of genocide fled
to UK and denied all charges.
On August 1, 2013, Bangladesh Supreme Court made a ruling on Bangladesh
Jamaat-e-Islami as an illegal group.
After verdict was released, the activists from Mancha brought out a joyous
procession urging th government to focus of bringing back the leader of
Jamaat-e-Islami to the country and execute him immediately. "The government
should focus on the execution of the verdict," said Imran H Sarker, the
spokesperson of the activists.
(source: crossmap.com)
**************
Bangladeshi politician sentenced to death in absentia ---- Zahid Hussain Khokon
sentenced to death for war crimes despite not being present during trial.
A politician from the opposition Bangladesh National Party has been sentenced
to death for war crimes on Thursday.
Zahid Hussain Khokon, who was not present at any stage of his trial, was given
the sentence by the International Crimes Tribunal, a domestic court
investigating alleged war crimes committed during Bangladesh's 1971
independence war with Pakistan.
He was found guilty of 10 charges including involvement in murder, arson, rape
and looting.
Hussain is believed to be living in Sweden which does not have an extradition
treaty with Bangladesh.
"We will try our best to bring him back as per our procedure," national police
chief Hassan Mahmood Khandker told Reuters, without elaborating.
Last November, two Jamaat leaders, one an American citizen and one a British
citizen, were sentenced to death for war crimes in absentia. Neither has yet
been brought back to Bangladesh.
At the time of the war, Khokon was a member of the Jamaat-e-Islami party, whose
leading figures have been the focus of the war crimes tribunal.
A series of Jamaat-e-Islami officials have been sentenced to death by the
tribunal in the past two weeks, leading the party to call several nationwide
strikes. Among those sentenced were party leader Motiur Rahman Nizami, who is
awaiting an appeal, and Mohammad Kamaruzzaman who had an appeal rejected.
Kamaruzzaman's lawyers have called for a review of the case, delaying his
expected execution at Dhaka Central Jail. Human Rights Watch issued an appeal
to the Bangladeshi government last week, calling for a halt to the executions
of those accused of war crimes.
"Human Rights Watch has long supported justice and accountability for the
horrific crimes that occurred in 1971, but we have also stated repeatedly that
these trials must meet international fair trial standards," the organization's
Asia director, Brad Adams, said in a statement released Sunday.
"The death penalty is irreversible and cruel, and Bangladesh needs to get rid
of it once and for all," he added.
Violent protests over a series of war crimes trials are one of the main
challenges facing Prime Minister Sheikh Hasina, who opened the inquiry in 2010.
Hasina's opponents say she is using the tribunals against the two biggest
opposition parties, arch rival Begum Khaleda Zia's BNP and its ally,
Jamaat-e-Islami.
International human rights groups say the tribunal falls short of international
standards.
A politician was hanged in December, the 1st war crimes execution in
Bangladesh, after the Supreme Court overturned a life sentence imposed by the
tribunal.
(source: World Bulletin)
SAUDI ARABIA:
Drug smuggler who was caught with 'a large quantity' of heroin in his
intestines is beheaded in Saudi Arabia
A man who was convicted of smuggling heroin in his intestines has become the
7th Pakistani beheaded for drug trafficking in Saudi Arabia in a month.
Niaz Mohammad Ghulam Mohammad was executed in Kharj Governorate in the Riyadh
Region because he tried to smuggle 'a large quantity of heroin inside his
intestines into the Kingdom of Saudi Arabia', the Ministry of Interior stated.
His death brings the number of foreigners and Saudis executed by the Kingdom
for crimes this year to 67, despite concerns expressed by the international
community.
This is compared to 69 for the whole of last year, according to Human Rights
Watch.
The fact that the heroin was found within the man's intestines suggests he
would have ingested the drugs by swallowing a package - a common means for
mules to transport illegal drugs.
The Saudi Press Agency reported that a statement from the Ministry said a royal
order was issued to execute the death sentence.
It added that 'the Government of the Custodian of the Two Holy Mosques King
Abdullah bin Abdulaziz Al Saud is keen on combating narcotics due to their
great harm to individuals and the society'.
The statement concluded by saying the Ministry is 'warning anyone who tries to
commit such actions that he will be punished according to Sharia'. Under the
Saudi Sharia legal system it can actually be harder to avert execution for
crimes without a specific victim, like drug smuggling, than for murder.
Of the 59 people executed by mid-October, 22 had been convicted for smuggling
drugs, according to figures compiled by Human Rights Watch from Saudi media
reports.
One Saudi man, Mohammed Bakr al-Alaawi, was put to death for sorcery so far
this year, the third such case since 2011. Although such cases are even rarer,
judges can also demand execution for adulterers or Muslims who abandon their
faith.
In Saudi Islamic law, charges of violent crimes like murder are usually brought
under the system of 'qisas', which is retaliation on the principle of an eye
for an eye.
While a murderer would normally be sentenced to death, the victim's family is
permitted to accept 'diyya', or blood money, instead of execution. The lives of
women are worth half those of men, and non-Muslims a fraction of the value of
Muslims.
A statement said King Abdullah bin Abdulaziz Al Saud is keen on combating
narcotics due to 'their great harm to individuals and the society'
Convicts from less wealthy backgrounds, or without tribal connections, who
might intercede with the family or tribe of the victim, are more likely to die
because it is harder for them to arrange a blood money payment.
'Any execution is appalling, but executions for crimes such as drug smuggling
or sorcery that result in no loss of life are particularly egregious,' said
Sarah Leah Whitson, Middle East and North Africa director for Human Rights
Watch.
Saudi Arabia has no civil penal code that sets out sentencing rules, and no
system of judicial precedent that would make the outcome of cases predictable
based on past practice.
King Abdullah announced plans for legal reform in 2007, but judges, drawn from
the traditionally conservative clergy, have so far succeeded is putting off
meaningful change.
In 2009 Abdullah replaced the long-serving, conservative justice minister with
a younger scholar, Mohammed al-Issa.
His attempts to introduce more modern training for judges and a system of
precedent to make sentencing more predictable have so far been blocked by
strenuous opposition from conservatives.
Even Saudis who want reform generally do not oppose the use of the death
penalty by public beheading.
In the most extreme version of the Saudi death penalty, known by the Arabic
word for 'crucifixion' and reserved for crimes that outrage Saudi society, the
corpse is publicly hanged in a harness from a metal gibbet as a warning to
others.
An online film dated April 2012 on the LiveLeaks website shows a man being
executed and then 'crucified' in this manner, reportedly for robbing a house
and killing its occupants.
A group of 5 men suffered this fate in May last year in the southern province
of Jizan for a series of robberies.
(source: Daily Mail)
THAILAND:
Former Democrat MP Kanchit Thapsuwan gets death penalty
Former Democrat MP Kanchit Thapsuwan has been sentenced to death by the Samut
Prakan Provincial Court for shooting Mr. Udon Kraiwatnussorn on December 25,
2011.
The court read their verdict over the case yesterday and has declared Mr.
Kanchit guilty of shooting Udon Kraiwatnussorn, the former chairman of the
Samut Sakhon Provincial Administration and a politician who had once been
affiliated with the Pheu Thai Party. By questioning witnesses and conducting a
thorough scientific investigation, the court deemed that Mr. Kanchit has been
clearly guilty of committing the crime and would get the death penalty as a
result. Mr. Kanchit has been held accountable for 1st-degree murder, committing
the crime in public, and possessing a firearm without authorization.
He would also be asked to pay up to 13.03 million baht along with interest to
the victim's family. Meanwhile, Ms. Thasanee Thapsuwan, Kanchit's mother, had
prepared 1.4 million baht to release the former Democrat MP on bail. However,
the court has denied her request.
(source: National News Bureau of Thailand)
TAIWAN:
Death sought for 21 cop-killer suspects----21 suspects in the nightclub beating
of off-duty detective Hsueh Chen-kuo could face the death penalty if convicted,
prosecutors said.
The Taipei District Prosecutors' Office yesterday said it would seek the death
penalty against 21 suspects charged in the killing of off-duty police detective
Hsueh Chen-kuo outside a Taipei nightclub in September.
A statement by the office said that the key suspects, Tseng Wei-hao, his
girlfriend Liu Hsin-tung and their associate Hsiao Jui-hung, gathered members
of criminal gangs to beat the policeman.
A total of 60 suspects, including Tseng, Liu and Hsiao, have been indicted on
charges of murder, injury causing death, gathering to engage in affray, and
other crimes, Taipei Chief Prosecutor Chang Chieh-chin said.
The statement said that because of the total disregard for the rule of law and
flouting of social order by the suspects, and the severity of the beating, the
office is seeking the maximum punishment - the death penalty - against 21 of
them, including Hsiao, Chou Yu-teng, Wan Shao-cheng and Yi Pao-hung.
Chang said Hsiao, Tseng and Liu were allegedly the main instigators, as they
reportedly solicited the help of friends and gang members for the
confrontation, which allegedly arose from personal disputes.
The suspects behaved with total disregard for the rule of law by attacking
Hsueh, who was a stranger to them, beating him to death with extreme violence,
Chang said, adding that this had caused unmitigated pain and suffering to the
victim's family.
The office said it would seek the maximum penalty for the suspects, to serve as
an example to society.
Hsueh died in the early hours of Sept. 14 after being beaten up outside of
Spark ATT night club in the Xinyi District. Police said the 38-year-old
detective was at the scene to handle a disturbance at the nightclub, although
other accounts by a city councilor and other officials alleged that Hsueh had
engaged in a protection racket, receiving bribes from business owners in the
area.
For the 17 suspects still held in detention, the office said a bail hearing
would be held today at the Taipei District Court, as the 2-month limit is up
for detention without trial or criminal charges.
Hsiao is reportedly one of the leaders of the "He Tang" chapter of the Bamboo
Union, a well-known triad.
A number of suspects in the case are reportedly also members of the Bamboo
Union, and the Four Seas Gang, another major triad.
(source: Taipei Times)
INDIA:
SC has 2nd thoughts on death penalty given by itself
Showing increasing discomfiture in awarding death penalty, the Supreme Court on
Wednesday found two questions "bothering" it much after Sonu Sardar was awarded
death penalty by the trial court, which was confirmed by the high court and
upheld by the apex court, and the President rejected his mercy petition.
Sonu and his minor accomplice were arrested but 3 other associates in the crime
escaped after almost wiping out the family of a Muslim scrap dealer including 2
minor children and a woman in Chhattisgarh in 2004. The 3 absconders are yet to
be arrested. Sonu was the only one to face criminal trial for
dacoity-cum-murder.
The trial court convicted him on the testimony of a minor who escaped the
attack. The HC confirmed the conviction and death sentence awarded by the trial
court. The apex court upheld the concurrent judgments on February 23, 2012.
Sonu's review petition was dismissed in chamber.
But as per the new procedure laid down by the apex court, a bench of Justices A
R Dave, J Chelameswar and U U Lalit heard afresh in open court Sonu's petition
seeking review of the 2012 judgment. Appearing for Sonu, senior advocate Raju
Ramachandran said it has now come to light that the accused was 18 years and 2
months at the time of commission of crime.
The bench's primary question to Chhattisgarh counsel Atul Jha was whether it
was correct that the accused was just over the age of juvenility and not 23
years as was recorded in the judgments. The 2nd question which bothered the
court was whether it could be pin-pointed from evidence that Sonu played the
major role in the multiple murders.
"There were 3 other accomplices in the dacoity-cum-murder incident who are not
yet apprehended. The other accomplice was a minor. It is possible that these 4
could have committed the murders. Can it be said with certainty that Sonu dealt
the fatal blows," the bench asked and sought answers from the state by January
20.
Interestingly, both these points were dealt with in the February 23, 2012
judgment of a bench of Justices A K Patnaik and Swatanter Kumar. It had
referred to the evidence and said, "There is, therefore, clear and definite
evidence in this case to show that the appellant (Sonu Sardar) not only
participated in the crime, but also played the lead role in the offence under
Section 396 IPC. This is not a case where it can be held that the role of
appellant was not such as to warrant death sentence under Section 396 IPC."
Ramachandran said the apex court had erroneously recorded that there were no
mitigating circumstances in Sonu's favour. He said Sonu had no previous
criminal record, he was not beyond reformation given the "tender" age, and that
he had not attempted to escape despite getting an opportunity during a jail
break.
He said that though these facts showed that Sonu could beamenable to reform,
the state had not discharged its duty of proving that the convict was beyond
the realm of reformation.
Taking into account the young age of Sonu, the court in its 2012 judgment had
said, "The crime was obviously committed after pre-meditation with absolutely
no consideration for human lives and for money. Even though the appellant was
young, his criminal propensities are beyond reform and he is a menace to
society. The trial court and high court were therefore right in coming to the
conclusion that this is one of those rarest of rare cases in which death
sentence is the appropriate punishment."
****************
HC upholds death for man who killed own family, raped daughter
The high court on Wednesday upheld the death penalty awarded to Reji Kumar
alias Reji (40) of Karoor near Pala who, over a little over 2 weeks, strangled
his wife Lissy and four children to death, and raped his 12-year-old daughter
before killing her, to live with his lover Baby alias Usha.
A division bench, comprising Justices T R Ramachandran Nair and A V Ramakrishna
Pillai, confirmed the death sentence awarded by a sessions court in 2009. It
said the accused didn't repent the murders and he was beyond rehabilitation.
After killing his wife, Reji even had sex with his lover on the same night, the
court pointed out in the order.
The lover, mother of a 13-year-old, had become estranged with him when the
murders came to light and her statement stood against him during the trial. A
movie, titled 'Manushya Mrugam', was made in 2011 loosely based on the murders.
Reji, a post-graduate, was employed by one Aboobacker Siddique, a cable network
operator, at his rubber plantation at Amayur, Palakkad. He was living at Amayur
in a rented house with Lissy and 2 of his younger children, Ananya (3) and Amal
(10). His 2 daughters, Amalu (12) and Amulya (9), were studying at St Joseph's
UP School at Ramapuram in Pala and were staying in a hostel.
Reji shared a physical relationship with Usha whom he met while working at the
plantation. The prosecution case is that Reji strangled Lissy to death on July
8 while he killed Ananya and Amal on July 13. He then brought Amalu and Amulya
home on the pretext of his mother's death. He raped Amalu and strangled her to
death on July 23. He killed Amulya too on the day.
The bodies of Amalu and Amulya were found inside the house on the same day
while Lissy's body was found in the septic tank on July 25. The bodies of
Ananya and Amal were found buried in an adjacent property.
Police had found semen on Amalu's dress and had sent its samples, along with a
vaginal swab, for chemical examination and later for DNA matching. The
prosecution submitted that the semen samples matched Reji's DNA.
Additional director general of prosecution Tom Jose Padinjarekkara submitted
that the accused is a matured and educated man who, instead of protecting his
family, killed them in a pre-planned, cruel manner.
Reji Kumar strangled his wife Lissy and 4 children to death, and raped his
12-year-old daughter before killing her, to live with his lover.
(source for both: The Times of India)
SOMALIA/FINALND:
Finland seeks death penalty waiver for Somali man
Finnish authorities are working to overturn the sentence of a Somali man
sentenced to death in Somalia, on the grounds that he is also a permanent
resident of Finland. Foreign Ministry Consular Assistance Unit Chief Teemu
Turunen says authorities only heard of the case last Friday, and have since
contacted the Somali authorities to try and roll back the ruling.
Finnish authorities are seeking to overturn a death penalty handed down against
a Somali-born permanent resident of Finland. Finland's Ministry of Foreign
Affairs only heard about the case last Friday from a Finnish NGO active in
Somalia.
The Ministry's Unit for Consular Assistance is charged with helping Finns and
foreign-born permanent residents of Finland who find themselves in distress
abroad. Turunen says the Unit has been in contact with the Somali
administration with regards to the case. He describes the conversation as a
step forward.
"Finland takes a very strong stand against the death penalty. We do not accept
it under any circumstance. We will do all we can to overturn the sentence,"
Turunen says.
Turunen says his first concern was being able to intervene in time before the
man's death sentence was implemented. He has since learned that the case is now
in its appeal period.
"Fortunately, we can still have an influence within the framework of the
appeal," he says.
Conflicting information about the man's crime
In an interview with the public broadcaster Yle, the Foreign Ministry's
Consular Assistance Unit Chief confirmed that the man convicted in Somalia is
not a Finnish citizen.
According to the news outlet Mareeg Media, the convicted man killed a
university student last month by beheading him in a mosque in Somalia's capital
Mogadishu.
Turunen states the information the Finnish Ministry received about the man's
supposed crimes is contradictory, but wouldn't reveal anything more about the
case or the convicted person.
The story was first reported by Finland's largest circulation print daily,
Helsingin Sanomat.
(source: yle--uutiset)
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