Nov. 9
CHINA:
Chinese state firm boss accused of stashing tonne of stolen gold, silver at his
home has death sentence overturned
The former head of a state-owned gold and silver refinery in China, who
allegedly had more than a tonne of stolen precious metals stashed at his home,
has had his death sentence for corruption overturned, according to a newspaper
report.
The Supreme People's Court ruled there was insufficient evidence to support
Song Wendai's convictions, the Beijing Times reported.
The court has ordered a retrial, the report said.
Song, 53, was sentenced to death 4 years ago for taking bribes and embezzling
public funds totalling 85 million yuan (HK$103 million).
He was the former chairman of the Qiankun gold and silver refinery in Inner
Mongolia.
Prosecutors seized 2.7 million yuan in cash, 134 kg of gold, 995.3 kg of
silver, 81 grams of platinum, four houses and four vehicles from Song, the news
website People.cn reported in 2012.
The state-run news agency Xinhua were quoted as saying that Song hid his stolen
gold in a car parked in the underground garage of his Beijing home, the report
said.
He appealed against his sentence 2 years ago, but it was upheld by the Inner
Mongolia High People's Court.
The Supreme People's Court found that among the charges there was not enough
evidence to prove Song had embezzled 10 million yuan as capital to register his
own company or that he made a further illegal gain of 17 million yuan in
property transactions, the Beijing Times said.
His lawyer said Song had literally been hoping for the annulment of his death
penalty every morning since he lost his appeal 2 years ago as executions were
often announced at 6 am.
The report did not say when the retrial would take place.
(source: SOuth China Morning Post)
PAKISTAN:
Human rights organization Reprieve says Islamabad has executed 299 people since
ending its moratorium in December.
Islamabad has hanged 299 people since ending its moratorium on the death
penalty in December and could pass 300 executions any day, claims research by
human rights organizations Reprieve and Justice Project Pakistan.
In a press release, Reprieve claims that, on average, there has been nearly 1
(0.93) execution every day since the moratorium was lifted. "The total for 2015
so far is 292, with the deadliest month being October, when 47 people were
hanged," it added.
At the current rate, according to Reprieve, the projected total executions for
2015 would be 347. This would be the highest tally on record, with Pakistan's
previous high of 135 in 2007 being less than 1/2 of this year's record.
"This grisly milestone should cause Pakistan's government to stop and think,"
said Maya Foa, director of the death penalty team at Reprieve. "The 299 people
so far executed have included people sentenced to death as children, and
victims of police torture. Yet independent studies show that very few of them
have been alleged terrorists, despite the government's claim," she added.
"This futile hanging spree has simply piled injustice on top of injustice,
while leaving the people of Pakistan no safer than they were before."
Executions in Pakistan resumed after a gap of 6 years after the Taliban killed
154 people, mostly children, at the Army Public School in Peshawar. Hangings
initially resumed only for terror convicts, but in March they were extended to
all capital offences. A Reuters investigation published in July found that, of
180 people hanged since December, "fewer than 1 in 6 were linked to militancy."
The European Union, the United Nations and human rights campaigners have urged
Pakistan to reinstate the moratorium, with Amnesty International estimating
that there are over 8,000 prisoners on death row, most of whom have exhausted
their appeals.
(source: newsweekpakistan.com)
INDONESIA:
Indonesian spared Saudi death penalty for murdering baby
An Indonesian domestic worker returned home Monday after escaping the death
penalty in Saudi Arabia for murdering her own baby.
Emi binti Katma Mumu arrived in Soekarno-Hatta airport in Indonesia after f
years in prison in Dammam in eastern Saudi Arabia.
The 33-year-old will avoid a beheading sentence despite a court ruling that she
killed her newborn.
"In fact, the Saudi court ordered her release in April," Indonesia's Riyadh
embassy spokesman Dede Achmad Rifai said in a statement as quoted by
Metrotvnews.com.
"However, due to immigration administrative matters, she was only [actually]
released... on November 8."
Mumu claimed to have already been pregnant when she left Sukabumi, a small city
in the foothills south of Jakarta, for Saudi Arabia in 2009.
But she did not reveal her pregnancy to her employer for fear of being fired
and sent back to Indonesia.
After the baby boy was born, she is said to have killed him and put his body in
a plastic bag.
When her employer found out, he reported it to police.
"She was sentenced to death by qisas," said Rifai, in reference to a Koranic
verse that calls for murderers to be put to death unless pardoned by the
victim's family.
The Embassy of Indonesia managed to save Mumu from the death penalty after her
husband, Enjang bin Pahrudin, sent a letter forgiving her.
"We managed to convince the judge that the child who was killed was the result
of a relationship with her husband," Rifai added. "Furthermore, we strived to
get her husband to pardon her."
"I request that my wife be released or withdrawn from the punishment and
immediately sent home," Pahrudin wrote in the letter sent to the judge in 2010,
as quoted by Antara News.
The statement of pardon was also reinforced by a statement from Pahrudin's
parents.
Although Mumu escaped the death penalty, the judge sentenced her to 5 years in
prison and 500 lashes.
At the time, the public prosecutor expressed dissatisfaction with the judge's
decision, which it considered too light.
"However... we managed to convince the public prosecutor not to file for an
additional period of custody," Rifai said.
So far in 2015, Indonesia has saved 48 domestic workers from the death penalty,
12 of them in Saudi Arabia.
(source: newsfultoncounty.com)
***************
Inside Indonesia's death penalty debate
During the media storm surrounding the executions of two members of the 'Bali
9' group of Australian convicted drug traffickers in April 2015, the focus of
most reporting in the western media was on international relations, human
rights and the to-and-froing at the top levels of political leadership. In
contrast, there has been little investigation of or reflection on this issue
from the perspective of how it is understood and debated within Indonesian
society itself. In order to get a deeper understanding of how the death penalty
is viewed inside Indonesia, Zacharias Szumer interviewed 4 Indonesian
commentators who have each previously spoken publicly about this issue. The
interviews were conducted by email.
Zacharias Szumer: There is yet to be any systematic and independent survey that
could objectively show the percentage of Indonesians who support the death
penalty, but President Joko Widodo's (Jokowi's) political decisions seem to
suggest it enjoys wide support amongst the Indonesian public. Why does the
death penalty for drug dealers enjoy such wide support in Indonesia? What is
the history and basis of this support?
Andina Dwifatma: Indeed there is yet to be such survey, but some major media
have conducted opinion polls about the Bali Nine case. [One] conducted by
Kompas, the newspaper with the largest circulation, [found] that 86 % of the
people surveyed agreed that Sukumaran and Chan deserved the death penalty.
Further, 57.8 per cent did not mind cutting the bilateral relationship with
Australia to do so. So it is safe to say that the death penalty does enjoy wide
support in Indonesia. I would argue that there are 2 major causative factors:
firstly, Indonesia's law enforcement is weak. Before Jokowi, SBY freed many
convicted drug dealers like Schapelle Leigh Corby, Michael Loic Blanc, and
Meirika Franola, and it created a kind of public distrust of the government;
because the government seemed not take the drug issue seriously. Chan and
Sukumaran received death penalty sentences long before Jokowi, so when the
executions finally happened, they were appreciated. Secondly, Chan and
Sukumaran were foreigners. The fact that they were strangers and were
trafficking something destructive, caused a relatively stronger resistance.
Tobias Basuki: If I am not mistaken, Tempo, and one other survey agency had
this question posed (Tempo readers, and one national survey). Possibly between
60 to 70 something % supported the death penalty, probably even higher. Which I
think makes sense. I would say, without any caveat added, over 70 % of
Indonesians support the death penalty for drug dealers ([with] no
discrimination between small-time peddlers etc). It is hard to say why there is
this widespread support. But for one, the canvas of Indonesian society in
general is not abolitionist. Thus, the death penalty is still within the legal
system and also within society's accepted norm for extraordinary crimes. Here
is where it gets tricky. Drug offences and their associated problems, are
considered as some of the most heinous crimes with undesirable consequences for
Indonesians. Why this is so, is hard to say, although the problem is arguably
not as widespread as the government claims, but many see it as a problem. There
is also a religious element in it. For the 2 main religions, Islam and
Christianity, drugs in their various forms are very much vilified in their
religious teachings, sometimes even more so than corruption. Mosques and
churches possibly have more sermons condemning drugs than corruption.
Yohanes Sulaiman: I believe that the death penalty is popular here firstly
because people believe that it is the ultimate punishment for those who deserve
it, and secondly, there is very little discussion about people wrongly
sentenced and put to death. Unlike in Australia, US, or Europe for example,
where the media seems to dissect every single case of people wrongly sentenced
to death, people here believe that if you are put to death, in general it is
clearly because you deserve it. For example, the Bali Nine were really guilty
of smuggling drugs. Yes, there is much discussion about an unfair justice
system that favours the rich, but interestingly that actually leads people to
demand the death penalty for those rich and famous people who are clearly
guilty of corruption, for example.
ZS: Some analysis during the media storm surrounding the executions suggested
that Indonesia's history as a colonised country makes the Indonesian public
particularly hostile to foreign governments seen to be intervening in domestic
affairs. Do you think this is a major factor? If so, could you explain a little
bit about this post-colonial feeling in Indonesia and how it shapes political
attitudes?
Andina Dwifatma: Yes, I do think that this post-colonial thing plays a major
role. The experience as a colonised country gives us an inferiority complex. In
the field of media studies, for example, some researchers argue that this
post-colonial syndrome explains why Indonesians are so prone to advertisements
of whitening products, hair dye, and coloured contact lenses, because looking
like a 'bule' (ed. white-skinned foreigner) is cool. But when it comes to
political attitudes, this has led to a desire for sovereignty. One of the ways
[this is expressed] is through law-enforcement, something that has long been
missed. Moreover, the Indonesia-Australia relationship is not exceptionally
friendly. There are issues about how Australia turned back asylum seeker boats
to Indonesia (which was considered an affront to our sovereignty), the loss of
East Timor in 1999 which could not be separated from the role that Australia
played, and how Corby was released during the SBY era. So for the majority of
the public (as shown in an opinion poll I referred to earlier) Chan and
Sukumaran's case was some kind of 'opportunity' to declare that as a nation we
are sovereign.
Tobias Basuki: Yes, I would agree to some extent with your assessment. But I
would say there is also a contemporary sense of nationalism, of saying 'screw
the West' if you try to interfere. Australia being considered part of the West,
and in particular the various tensions and frictions we had with Australia
definitely added to this backlash. Strong and aggressive statements by PM
Abbott certainly did not help. I have stated before that these statements
Abbott made (like the one about the Tsunami Aid) practically nailed the coffin
of Sukumaran and Chan. Instead of lobbying through backchannels and a soft
diplomacy, the Australian government made the mistake (maybe intentionally) of
triggering a backlash of nationalistic sentiment from Indonesia. This made it
impossible for Jokowi to backtrack even if he wanted to. The cost of
backtracking has become much more expensive politically than if he were to go
ahead with the executions.
Shiskha Prabawaningtyas: I think this post-colonial sentiment does not occur
only in Indonesia, but in most post-colonial countries. Even, in the Southeast
Asia region, under ASEAN, the principle of non-intervention is officially
adopted as the core value of its establishment. I personally disagree with the
phrase of 'hostile to foreign governments', since it is this hostility [also]
toward domestic supporters [of clemency]. The sentiment against 'something
foreign' proves to be a powerful weapon for any politician or government to
mobilise domestic support for a certain issue. It is an easy strategy to draw a
clear borderline between 'us' and the other, 'the enemy'. I don't see it as
'major factor', yet it is a part of the characteristic of post-colonial state
politics that needs to be managed. I remember in 1957, when Indonesia faced a
crisis in domestic political consolidation, the cabinet frequently received a
motion of no-confidence from the parliament. However, when the Djuanda cabinet
declared the extension of Indonesian territorial sovereignty to 12 nautical
miles, the government received strong public support, including from the
parliament. At that time, the government also nationalised all Dutch
enterprises and demanded all Dutch citizens go back to the Netherlands. The
international community at that time surely saw Indonesia as very hostile to
foreign interests, but it received wide domestic support.
ZS: The legal system of most countries usually balances competing objectives:
deterrence, punishment, a sense of justice for victims, rehabilitation. Do you
feel that the balance of these objectives is similar in the Indonesian legal
system as it is in other countries? If not, what are the differences?
Tobias Basuki: In short, that is where all my criticism against my own
government is. In so many ways it is all jumbled up in Indonesia. It is not a
deterrence, I believe, and the drug problem is based on shoddy statistics. And
compared with other heinous crimes these drug dealers executed in the 2nd batch
were definitely 'less deserving' compared to others who butchered people, but
only got six months jail. It is a mess of a legal system. Here is an article I
wrote for the Jakarta Post in February 2015.
Shiskha Prabawaningtyas: I think it is like a 'common secret', rahasia umum,
that Indonesian rule of law is extremely problematic. I am not a legal expert,
yet I assume that as Indonesian current law is still adopting the colonial
Dutch law, especially in criminal law, you might easily locate the problem at
the edifice of Indonesian rule of law. The law was established in the context
of a colonial rule 'against' the indigenous opposition. So, the assumption of
most criminal laws is clearly not to restore 'social justice and order'. You
can read Daniel Lev's articles about the problems within Indonesian legal
system for more information. The way the law has been articulated and
implemented tends to be a rigid interpretation of articles and in favour of the
strongest (people with high social and economic status), rather than an
institution that restores 'justice' and applies a mechanism of jurisprudence. A
famous anecdote to express the application of the law in Indonesia might be
'tajam di bawah, numpul di atas' (sharp against the poor, dull against the
rich). For example, I am strongly against the punishment of drug abuse and use
by simply sending them to jail and putting them in the same place with other
criminal offenders, such as murderers. There is no such clear mechanism of
multilayered problem-solving for the drugs issue.
Do you think the death penalty is likely to be abolished any time soon? If so,
what would the political path towards abolition look like?
Andina Dwifatma: Again, as a legal question, I do not have the necessary
knowledge to talk about that. But in my personal opinion, the death penalty
will not be abolished any time soon. Lately, law makers have been working on
the penal code draft and there are no talks (so far) to change the death
penalty as a maximum penalty for criminals.
Tobias Basuki: There is a slight chance, as our constitution arguably states
the 'right to life'. Vice- President Jusuf Kalla has mentioned that the pending
executions might be stopped if we abolish the death penalty from our legal
system. This has also been part of a discussion in Parliament. So there are
glimmers of chances. But unfortunately it is not a sexy issue that will gain
political capital for any party or politician. Thus I do not see this happening
any time in the near future.
Shiskha Prabawaningtyas: I am strongly against the death penalty. I do wish for
the abolition of the death penalty, not only in Indonesia, but across the
world. But, as you know, many countries still perform it, such as the US,
Singapore and Malaysia. If you ask in Indonesia, realistically speaking, the
path is still long and hard. If you follow the current Indonesian media
exposure on the death of the little girl, Angeline, in Bali over the last
month, unfortunately, you can see many supporters of the death penalty for the
alleged perpetrator in social media. I am quite pessimistic the advocacy to
abolish death penalty will gain wide public support in Indonesia.
Yohanes Sulaiman: Nope. Aside from human rights people in Jakarta, very few
people care. This is not a major issue that would rile people up because they
don't see this as very important.
(source: Inside Indonesia)
IRAN/SAUDI ARABIA:
Iran Slams Saudi Arabia For Executing Its Citizens
Iran has summoned the Saudi charge d'affaires in Tehran to protest the
execution of 3 Iranians in Saudi Arabia for drug trafficking.
According to Iranian state media, the death sentences of the 3 men, who had
been convicted of smuggling large amounts of hashish to the kingdom, were
carried out in the city of Dammam earlier on November 8.
"Countries refrain from executing such sentences by respecting bilateral
relations and keeping in mind that implementing such sentences will not bear a
positive effect on ties," Iran's Deputy Foreign Minister Hassan Qashqavi was
quoted as saying by Press TV.
Iran and Saudi Arabia, regional rivals, are at odds over crises in Iraq, Syria,
and Yemen, as well as the disaster at the hajj in September in which 465
Iranians died in a crush of pilgrims near Mecca.
Last year, Saudi Arabia executed more people than any country except China and
Iran. Most executions in Saudi Arabia are by public beheading.
(source: Radio Free Europe/Radio Liberty)
****************
Shahram Ahmadi At The Imminent Risk Of Execution
The death sentence for Shahram Ahmadi, Sunni prisoner in Rajai Shahr prison,
once again has been confirmed by the Supreme Court and the decision has been
sent to the executive authorities.
According to the report of Human Rights Activists News Agency in Iran (HRANA),
the death penalty for Shahram Ahmadi, Sunni prisoner in Rajai Shahr prison,
which had been broken by the Supreme Court, was issued again by Branch 28 of
Tehran's Revolutionary Court, and this time was upheld by the Supreme Court and
the Law-enforcement office has been notified.
According to this report and considering that this decision has been referred
to law enforcement office, with the permission of the head of the judiciary,
this Sunni prisoner of conscience may be executed anytime.
Earlier, there were some news released regarding this prisoner of conscience
hearing loss due to medical condition and the lack of adequate medical care in
prison.
Shahram Ahmadi was shot and arrested by the security forces in May 2009 and was
headed to the hospital.
Ahmadi underwent the surgery in a hospital and while he was unconscious, lost 1
kidney and part of his intestine.
This political prisoner, after 43 months detention and interrogation in the
solitary confinement of intelligence office in Sanandaj, in October 2012, was
tried in the Branch 12 of the Revolutionary Court, presided by judge Moghiseh,
in a short trial and in the presence of a public lawyer, was sentenced to death
on charge of combat.
The same year that Shahram Ahmadi was arrested, his younger brother Bahram
Ahmadi was arrested in Sanandaj, too. His brother, who was less than 18 years
old, at the time of arrest, was executed with 5 other Sunni prisoners on 27th
December 2011 in Ghezelhesar prison, in Karaj.
Shahram Ahmadi's sentence was sent to the Supreme Court in August 2014, and
then by the Supreme Court was broken and referred to the Branch of issuing the
verdict. But, judge Moghiseh issued the death sentence again and this time the
Supreme Court confirmed the verdict.
Shahram Ahmadi is imprisoned in Rajai Shahr prison and in exile, and in all the
years of being imprisoned, he has been limited to communicate with his family.
Shahram Ahmadi is currently suffering from intestinal disease and kidney
infection.
The security and judicial institutions accused Shahram Ahmadi of Salafism and
connection with extremist armed groups, however, he wrote several letters from
prison and called these accusations "false" and said that his only crime was
proselytizing.
(source: HRANA News Agency)
BANGLADESH:
Executions for men who lynched Bangladesh boy on video----13-year-old was
filmed tied to a stake, tortured and beaten to death in Sylhet, prompting
nationwide protests.
4 men have been sentenced to death in Bangladesh for lynching a 13-year-old boy
and placing a video of the brutal attack on the internet in a case which
sparked outrage across the country.
A court in the northeastern city of Sylhet handed down the sentences on Sunday,
four months after the killing of Sheikh Mohammad Samiul Alam Rajon.
Among the 4 to be executed is the prime suspect, Kamrul Islam, who was deported
from Saudi Arabia - where he fled in the immediate aftermath of the murder.
The man who filmed the incident, Nur Ahmed, was handed a life sentence on
Sunday, while a number of others received jail sentences for being involved in
the attack.
On July 8, Rajon was lashed to a stake, tortured and beaten to death by a
number of men in Sylhet, who had accused him of stealing a bike.
Police said an autopsy revealed scores of injuries all over his body, including
on the head and chest. He died due to internal bleeding.
A 28-minute video of the attack, in which the boy is seen begging for water as
he lays dying in the street, sparked huge protests in Bangladesh after going
viral on social media.
Rajon's attackers can be heard on the footage trying to force him to confess
his involvement in the burglary.
At one stage, he is told to walk away. But as he tries to get to his feet, one
of the attackers shouts: "His bones are OK. Beat him some more."
When the youngster begs for water, his attackers mock him and tell him to
"drink your sweat".
On Sunday, Rajon's father Sheikh Azizur Rahman and public prosecutor Misbah
Uddin Siraj told Al Jazeera that they were satisfied that the boy's attackers
had been brought to justice.
"The killing of Rajon is a tragic incident. The verdict in the Rajon murder
case was delivered after 4 months and one day, which sets an example for
protecting the rights of children," Siraj said.
Defence lawyer Habibur Rahman Habib, however, said he would immediately appeal
the ruling on behalf of his clients.
(source: Aljazeera)
GLOBAL:
see: https://www.youtube.com/watch?v=9HezsgUs8eM&feature=em-uploademail
(source: Sant'Egidio)
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