April 13
CHINA:
A Question of Life and Death for 75-year-old Man Convicted of Drug Trafficking
A 75-year-old man found guilty of drug trafficking in China has garnered
national attention, as he faces the death penalty for his crime, while meeting
the age requirement for a death-sentence exemption.
Wang Lunye has been sentenced to death alleged drug trafficking, after he was
found in possession of 4 kilograms of heroin.
In China, cases where the death penalty is on the table undergo review by the
country's Supreme Court. After 2 trials in lower courts where Wang was found
guilty and sentenced to death, the Supreme Court is now examining the case to
determine final sentencing.
However, Wang is 75--an age that makes the offender exempt from the death
penalty, according to China's criminal law.
Back in 2011, "The Amendment to the Criminal Law of the People's Republic of
China (VIII)" incorporated a new paragraph in its Article 49 exempting people
older than 75 from the death penalty if they are found guilty of a crime in
which capital punishment is the generally-applied sentence.
In China, drug trafficking is a crime punishable by death.
The core issue of the case with Wang is whether or not his death-sentence
exemption should be determined during the trial process or by China's Supreme
Court.
Being that this is the 1st case of a person over the age of 75 in China being
sentenced for a crime punishable by death since the age-exemption was passed in
2011, it has not determined at what point of China's judicial process the
exemption is officially handed down.
Many legal experts say the review of the death sentence should be recognized as
part of the trial process, but China's Supreme Court has yet to respond on the
matter.
Wang Lunye was born on March 3, 1940, in Vietnam and moved to southwest China's
Guangxi Zhuang Autonomous Region in his 30s. He later relocated to the area
along the shared border between China and Vietnam after retirement. Chinese
media reports that Wang became involved in drug trafficking around 2011.
(source: CRIEnglish.com)
IRAN----execution
1 Prisoner Hanged Publicly in Central Iran
1 prisoner was hanged in the city of Mehriz (Yazd Province, Central Iran) early
Sunday morning April 12, reported the Iranian state media. The prisoner who was
not identified by name was convicted of murdering a 9 year old child, said the
report.
According to unofficial reports 2 prisoners were hanged in the prison of
Zahedan (Baluchistan Province, Southeastern Iran) Saturday morning, April 11.
Several unofficial sources have also reported about transfer of 16 prisoners
for execution in Karaj (west of Tehran). These prisoners are scheduled to be
executed in the coming days.
(source: Iran Human Rights)
***************
Prisoners protest imminent execution of cellmates in two prisons in Karaj --
Inmates throw stones at criminal prison guards and scream, "We won't let you
kill us!"-----Call to all human rights bodies for a widespread global campaign
against human rights violations in Iran
According to received reports, the prisoners in the Gohardasht prison and the
Central prison in Karaj have launched a protest to save dozens of their
cellmates who are on the verge of execution. Prisoners have attacked the
criminal prison guards with rocks, broke glasses and entered the open air area.
Sunday afternoon in the prison in Karaj, clashes continued with prison guards.
Prisoners cried out loud "We will not let you kill us!"
Inmates who are on the verge of execution have been transferred to Ward 5 of
Gohardasht prison and Ward 4 of the Central prison in Karaj. Among them are a
number of young prisoners sentenced to death who were chanting in the July
protest in Ghezelhesar Prison "We will not let you kill us anymore! We will not
let you execute our cellmates!"
Meanwhile, the families gathered in front of Karaj Court and chanted " We will
not let you execute them."
The continuation of the shameful policy of appeasement with criminals ruling
Iran and ignoring their crimes under the pretext of nuclear negotiations, and
"understanding" with a regime that the Iranian people correctly call the
Godfather of ISIS, has not yielded any results except to embolden these
criminals.
The Iranian resistance calls for immediate action by the United Nations
Security Council, the US government and the European Union to stop increasing
trend of executions in Iran, and calls on human rights bodies for a widespread
global campaign against human rights violations in Iran.
(source: Secretariat of the National Council of Resistance of Iran)
**********************
More than 16 Prisoners Are in Danger of Imminent Execution
At least 16 death row prisoners in central prison of Karaj and Rajaei Shahr
prison are waiting for execution of their sentences.
According to the report of Human Rights Activists News Agency (HRANA), these
prisoners have been transferred to solitary confinements of ward number 5 of
Rajaei Shahr prison and central prison of Karaj yesterday.
According to the received reports, 7 prisoners from those 16 are transferred to
Rajaei Shahr prison and 9 others are kept in solitary confinements. In
conclusion, by the time this news is being edited, 9 death row prisoners in
central prison of Karaj and more than 7 others in Rajaei Shahr prison are
waiting for the execution of their sentences.
The identities of 5 prisoners who is known so far, are: Reza Ghorbani, Mahmood
Maleki, Hamid Farajloo, Ahmad Malekizadeh and Mansour Gholamzadeh. However,
unconfirmed reports claim that more prisoners have been transferred to Rajai
Shahr prison.
As the officials announced that these prisoners are going to be executed this
morning, their families gathered in front of the prosecutor's office in Karaj
on Sunday morning, but officials refused to make any comment.
These prisoners have been sentenced to death on charges related to drug
trafficking.
(source: Human Rights Activists News Agency)
PAKISTAN:
Pakistani Christian Couple Sentenced to Death for Blasphemy
2 Pakistani Christians have been sentenced to death for supposedly violating
the country's blasphemy laws. The 2 are accused of sending blasphemous text
messages in English and have been sentenced to hang. However, Shafaqat Emmanuel
and his wife Shagufta Kausar are both impoverished and received very little
education, making it highly unlikely they could have sent the texts in English.
Additionally, the couple's attorneys proved in court that the texts in question
did not even come from their phone but were sent from another number. Emmanuel,
who is paralyzed and confined to a wheel chair, and his wife have been in
prison since July. They were specifically charged with insulting the Koran,
insulting Muhammad and intentionally causing annoyance.
The lawyers arguing for the death sentence apparently persuaded the Pakistani
judge to sign off on it after reading passages from the Koran in court. The
lawyers also threatened the judge by saying if the court didn't rule in their
favor, they would be killed like other opponents of the blasphemy laws.
The Rescue Christians organization along with the World Vision In Progress
rights group provided lawyers for the couple and have promised to appeal the
death sentence. The groups are also caring for the couple's 4 young children.
This sentencing comes only days after another Christian was sentenced to be
executed in Pakistan for allegedly violating the country's strict blasphemy
laws.
Why It Matters
Pakistan's blasphemy laws are a blatant form of religious discrimination. As
long as they remain in effect, Christians and those of other faiths can legally
be killed for speaking out against Islam or Mohammed. In addition, the corrupt
legal system in the country allows even innocent individuals to be accused and
convicted of blasphemy on nothing more than the word of a Muslim.
Take Action----Contact the Rescue Christians organization to see how you can
help them in relocating Pakistani Christians to other safe locations.
(source: believersstandunited.com)
*****************
Mumtaz Qadri files appeal against death penalty in Supreme Court
Mumtaz Qadri has filed an appeal in the Supreme Court of Pakistan (SC) against
his death penalty in Punjab Governor Salman Taseer's murder case, Dunya News
reported on Monday.
The petition filed by Qadri's lawyer Advocate Khawaja Sharif seeks reduction in
death sentence.
It was mentioned in the petition that the Islamabad High Court's ruling of a
death sentence for Qadri is not in accordance with the law as the murder was
caused by provocation.
An anti-terrorism court handed down double death sentences for murder and
terrorism to Qadri in late 2011. He appealed the sentences, but on March 9,
Islamabad High Court upheld the murder sentence - though it struck down the
sentence for terrorism.
Mumtaz Qadri was a bodyguard for Punjab Governor Salman Taseer and was
convicted of shooting him dead in Islamabad in January 2011.
(source: Dunya News)
INDONESIA:
Call to halt executions in Indonesia after study finds condemned not given fair
trial
An Indonesian law reform organisation has called for a moratorium on executions
after a study of 42 death sentences handed down between 2002 and 2013 found
many of the condemned had not been given a fair trial.
In 11 of the 42 cases, law enforcement officers allegedly intimidated or
tortured the defendants or witnesses, according to the report by the Institute
for Criminal Justice Reform.
Defendants in 11 cases also did not appear to have had proper access to legal
assistance.
Bali 9 organisers Myuran Sukumaran and Andrew Chan are among 10 drug felons who
are facing the firing squad in the second round of executions to be held in
Indonesia this year.
Many of those on death row with the Australians claim they did not receive a
fair trial, including impoverished Indonesian labourer Zainal Abidin, French
welder Serge Atlaoui and Filipina domestic helper Mary Jane Fiesta Veloso.
The report said that a lawyer was only present in Zainal Abidin's case after
his interrogation had taken place.
Capital punishment is the heaviest sentence an Indonesian court can impose and
therefore should be reserved for the most serious criminals and the ringleaders
of crime syndicates, the report said. However "in practice", defendants with a
minimal role who were not even involved in the planning of a crime were often
given the death penalty.
The report pointed to Bali 9 mule Scott Rush, who was sentenced to death by the
Bali High Court in 2006. It was only during his appeal that the Supreme Court
took into account that Rush was merely a courier and commuted his sentence to
life imprisonment.
The Institute for Criminal Justice Reform review was prompted by the case of
Yusman Telaumbanua, who was apparently only 16 when he was found guilty of
murdering three gecko sellers in 2012.
Women's Empowerment and Child Protection Minister Yohana Yembise called for a
review of his sentence in March, amid allegations he was tortured during
questioning at the Nias Police station 3 years ago and was a minor when found
guilty.
The Institute decided to review decisions made in the District, High and
Supreme courts to see if the principle of a fair trial was being applied in
Indonesia's criminal justice system. The report found repeated problems
including lack of access to legal aid, lack of proof from the prosecution, and
inconsistencies in judges' rulings.
The Institute urged the government to review all court decisions that imposed
the death penalty. It also called for a moratorium on executions and the
imposition of the death penalty until defendants could be assured of a fair
trial.
Meanwhile Atlaoui, the Frenchman who is facing the firing squad with Chan and
Sukumaran, had his appeal thrown out of the Administrative Court last week on
the grounds that the court did not have the jurisdiction to challenge a
presidential decree.
Lawyer Nancy Yuliana said she would appeal the ruling in the same court within
2 weeks.
Chan and Sukumaran lost a similar appeal last Monday.
Ms Yuliana said she understood that the rejection of clemency pleas was the
final legal avenue but this should not be the case when the defendant felt
there had been a miscarriage of justice. "Our client has the right to defend
his life although it may have the same result [as the Bali Nine duo's case],"
Ms Yuliana said.
Atlaoui was arrested at a methamphetamine laboratory in Tangerang in 2005. He
has always maintained his innocence, saying he was merely a welder installing
equipment in what he thought was an acrylics factory.
"He is not a chemist who understands chemical substances," Ms Yuliana said.
"Moreover Serge is only a mechanic, he is not the owner, but he is sentenced to
death just like the drug factory owner."
9 people arrested with Atlaoui have also been sentenced to death, however Ms
Yuliana said Atlaoui was the 1st to face the firing squad even though "we all
know that people from the same case must be executed together".
"Why is it only our client that is singled out to be executed?" she asked. "It
is absolutely unjust."
(source: Sydney Morning Herald)
****************************
Many death penalty cases flawed: ICJR
The Institute for Criminal Justice Reform (ICJR) on Sunday released a study on
42 death sentences - in drug and premeditated murder cases - handed down from
2002 to 2013, some of which it said were the result of unfair judicial
processes.
The study is based on death sentences handed down by district courts, state
courts and the Supreme Court.ICJR executive director Supriyadi Eddyono said
that of the 42 sentences, there were 11 cases in which law enforcement officers
allegedly committed intimidation and torture.
"This not only happened to the perpetrators, but also to witnesses," Supriyadi
said on Monday during a discussion on Indonesia's judicial system and the death
penalty in Jakarta, adding that the alleged abuses were aimed at facilitating
evidence.
He further said that in 11 of the cases examined the defendants did not appear
to have proper access to legal assistance.
The study also showed that Indonesian citizens made up 70 % of the 42 death
sentences, while 13 foreign nationals had received death sentences.
"Foreign convicts dominate the cases related to drugs, accounting for 60 % of
the total such cases," Supriyadi said.
He added that 3 sentences were handed down to convicts who were aged 19 when
they committed the criminal offenses.
Wahyudi Djafar, a researcher with the Institute for Policy Research and
Advocacy (ELSAM), said that the lack of effective trial monitoring, the length
of the detention period prior to trial and the poor case-appeal mechanism had
paved the way for wrongful convictions.
"In many cases, wrongful convictions are unavoidable in this country's criminal
judicial process," he said.Based on the study, death sentences were mostly
handed down by courts in West Java with 11 such verdicts, followed by those in
Jakarta with 6 verdicts, Bali with 5, North Sumatra 4, and Banten and East Java
each with 3 death sentences. Indonesia has come in for criticism from the
international community for executing 6 drug traffickers, 5 of whom were
foreign nationals, earlier this year. It has plans to execute another 10
convicts, pending legal moves by the convicts through case reviews.
The government's firm stance on executing drug traffickers has caused
diplomatic rows with several countries including Brazil and Australia.
Brazilian President Dilma Rousseff rejected the letter of credentials from
Indonesian ambassador-designate Toto Riyanto in protest at the execution of 1
of its citizens, Marco Archer Cardoso Moreira, the 1st Brazilian national to be
executed abroad.
Australian Prime Minister Tony Abbott also came to the defense of 2 Australian
drug traffickers awaiting execution, saying President Joko "Jokowi" Widodo
should provide clemency to the 2 considering Australia's support for Aceh
during the Indian Ocean tsunami in 2004. The Indonesian government has so far
maintained the executions plan, on the basis of the alleged devastating impact
of narcotics on the nation's youth.
(source: The Jakarta Post)
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