Dec. 10
ST KITTS-NEVIS:
Consensus needed before changes to law on death penalty, says St Kitts-Nevis AG
Capital punishment remains on the books in St Kitts and Nevis and any change in
the policy must be preceded by a robust and comprehensive debate, attorney
general, Vincent Byron, stressed on local radio last week.
He acknowledged that the world has changed significantly over the years and
that brought with it a different sensibility including the sanctity of life.
"It is something that the United Nations has over time been bringing to the
table," Byron stated. "Should the state be involved in taking life? ... and so
there has been more and more pressure being put on governments around the world
to adhere to the principle of the sanctity of life and should we find
alternative ways of punishing people who have done so (taken a life)."
That debate is expected to be taken up in various countries in the Caribbean,
particularly among Caribbean Community (CARICOM) member states. Capital
punishment remains legal in a majority of these countries and Byron, who also
serves as St Kitts and Nevis minister of justice and legal affairs, said it was
a matter of sovereignty.
"Should external forces, whether from the European Union or [others] tell us
what to do?" he questioned. "Our peoples are very much in support of the death
penalty and if it is that we are to move towards the concept that we move it
from the books, we would need to have debates in our society, a lot of debate,
and we need to have consensus for us to be able to change the laws as they
currently stand."
According to prison statistics, the last time the death sentence was carried
out in St Kitts and Nevis was on December 19, 2008.
(source: caribbeannewsnow.com)
INDIA:
Shashi Tharoor calls death penalty an 'aberration' in democracy, call for its
abolition again
Congress leader Shashi Tharoor on Tuesday demanded abolition of death penalty,
describing it as an "aberration in a healthy democracy". Raising the issue
during Zero Hour, he said hanging people does not deter crime and there is a
lot of subjectivity in application of death penalty. "It (death penalty) is an
aberration in a healthy democracy," Tharoor said, adding that instead
preventive and reformative measures should be strengthened to prevent crimes.
Contending that death penalty has mostly affected the marginalised people, the
Congress leader said the state should not become killer. "We should abolish
death penalty to uphold the ideals of Mahatma Gandhi," he said.
According to him, around 70 % of the UN member nations have abolished death
penalty. M B Rajesh (CPI-M) urged the government to review the hike in
cancellation charges for railway tickets saying it is creating great
difficulties for the passengers. The "exhorbitant hike" in cancellation charges
is exploitation of passengers and the Railway Minister should have a re-look at
the matter as well as restore the old charges, he said.
Adhir Ranjan Chowdhury (Cong) claimed that over 200 tea workers have died in
the last 2 months in West Bengal and alleged that the workers are not given the
minimum wages. He voiced concern over the deaths and said the Centre and state
government should work together to address the situation. Chowdhury said since
Prime Minister Narendra Modi "boasts" of being a tea-seller in his childhood,
he should help in giving a fair deal to the tea plantation workers.
Keshav Prasad Maurya (BJP) alleged that law and order situation in Uttar
Pradesh has deteriorated and demanded the dismissal of the Akhilesh Yadav
government. He said many BJP workers have been killed in the state but action
has not been taken by the state government. Dushyant Chautala (INLD) sought
amendment to MPLADS rules as he alleged that officials are delaying
implementation of programmes that are funded with money from it.
The rules need to be amended to ensure that programmes under it are implemented
at the earliest, he said. He was supported by members cutting across party
lines.
AIADMK leader P Venugopal said many people have been affected by heavy rainfall
and floods in Tamil Nadu and the central government should immediately release
more funds for relief works in the state. His party colleague V Sathyabama
urged the Centre to establish a knitswear board in Tamil Nadu at Tirupur, which
has a big knitswear industry. Sumedhanand Saraswati (BJP) said the Centre
should look at setting up a sports university in Rajasthan.
(source: DNA India)
UNITED KINGDOM:
UK accused of dropping commitment to oppose death penalty ---- Foreign Office
minister makes case for Britain's re-election to UN human rights council, but
no mention of government's objection to death penalty
The UK government has been accused of dropping its commitment to opposing the
death penalty as Britain seeks re-election to a United Nations human rights
body.
A blogpost by the Foreign Office minister Baroness Anelay this week makes no
mention of UK objections to the death penalty - a policy once hailed as a human
rights priority for the government.
Posted on the eve of International Human Rights Day, the article presents the
case for the UK's re-election to the UN's human rights council (UNHRC), a
position it has held with the support of Saudi Arabia.
Earlier this year WikiLeaks documents detailed diplomatic exchanges and
vote-trading deals between Riyadh and London dating back to 2013. Saudi Arabia,
also elected to the UNHRC in 2013, has recently increased the number of
executions it carries out.
Last month Amnesty International warned that Saudi Arabia is planning to carry
out 50 executions in a day. Among those thought to be at risk is Ali al-Nimr,
who was only 17 when he was sentenced to death by crucifixion for participating
in an illegal demonstration. Saudi Arabia has so far executed more than 150
people this year - its highest figure since 1995.
The human rights organisation Reprieve, which campaigns against the death
penalty, said a consistent pattern of Foreign Office statements had emerged.
Maya Foa, head of the death penalty team at Reprieve, said: "In the past few
months we've seen the government steadily row back its commitment to human
rights.
"Shamefully, this has included scrapping our commitment to end the death
penalty, at a time when countries including Saudi Arabia, Pakistan, and Egypt
are overseeing a surge in executions. The government should be using its seat
on the human rights council to address these grave concerns - rather than
skirting sensitive issues to spare the blushes of states like Saudi Arabia,
where political prisoners face imminent beheading and crucifixion."
Baroness Anelay's blogpost declares: "Our pledges are grounded in UK priorities
at home and abroad, and draw on a tradition of democratic and inclusive values:
strengthening the protection of human rights in the UN's work; translating the
2030 agenda on sustainable development into action, leaving no one behind;
making a stand for freedom of religion or belief at a time when too many are
persecuted for their beliefs; working to end violence against women and
promoting their full participation and leadership in political and economic
life; and promoting open societies and challenging the threats to civil
society."
In the past, the Foreign Office has denied that its policy has changed. In the
summer, a spokesperson said: "We remain committed to advancing global abolition
of the death penalty and it is wrong to suggest otherwise. The government
opposes the death penalty in all circumstances as a matter of principle and we
would like to see the long-term trend towards abolition continue throughout
this parliament."
(source: The Guardian)
PHILIPPINES:
Roxas rejects death penalty, execution of criminals
Presidential candidate Mar Roxas rejected on Thursday the proposal to revive
death penalty in the country, stressing that it is not a proven deterrent to
crime.
Instead, Roxas said the focus is on the ensuring that criminals are not only
arrested but also being convicted if they are found guilty of committing the
crime they are being accused of.
"The restoration of death penalty is not the key to a successful anti-crime
campaign," said Roxas during the turnover of housing units to urban poor in San
Juan City where he was invited as guest speaker.
"You may have death penalty law but if you can't catch criminals and even if
you arrest them, you fail to present proofs because of lousy investigation then
that's useless," he added.
Roxas was reacting to the position taken by his rival Davao City Mayor Rodrigo
Duterte who said that he is inclined to restore death penalty if elected.
The tough-talking Davao City mayor was also quoted saying that he wants a
regular execution of criminals, especially those engaged in illegal drugs.
But Roxas has a different view of addressing the crime problems in the country.
"It is not the penalty, it is the certainty of arrest of apprehension and
conviction that is sure deterrent to criminality," said Roxas.
Roxas said he also opposed the execution of criminals which Duterte has openly
admitted to have committed in the past.
"I will not allow summary justice. What is this, might is right? Those who have
guns will prevail," said Roxas.
"If that is the case, then we should just go back to the Dark Ages wherein the
most powerful prevails," he added.
(source: Manila Bulletin)
********
Philippines presidential hopeful Duterte vows to restore death penalty
PHILIPPINE presidential front runner and Davao City Mayor Rodrigo Duterte said
he favors the return of the death penalty to combat growing criminality in the
Philippines.
In a wide-ranging 2-hour interview with teleradio station dzMM, the maverick
Davao City Mayor said he will restore capital punishment for drug-related and
heinous crimes.
"Yes, I approved. (Specifically on) drug and heinous crime," was his short
replay when asked by program host Karen Davila.
The death penalty was abolished by Philippine Congress in 2006 after strong
lobbying from the Catholic Church.
Capital punishment had been part of the Philippine statute since in gained
independence in 1946.
Duterte is known to hit hard on criminals and drug pushers, with TIME magazine
branding him "The Punisher."
Critics and human rights activist however have slammed Duterte for his
high-handed approach to criminality.
He has admitted to pulling the trigger in at 3 three shooting incidents
involving criminals.
One such incident was the kidnapping of the daughter of a pawnshop owner who
was also repeatedly raped by her abductors. The kidnappers later brought their
victim to her home after collecting the ransom.
"When they alighted, I just shot them," Duterte said.
He defended his actions saying under the law, his action was justified.
Duterte said they were committing a crime under his presence.
"I am a person in authority and they were committing a crime in my presence,"
said the former Davao city assistant city prosecutor.
In a separate incident, he is reported to have pushed a drug suspect out of a
flying helicopter.
Despite the fearsome reputation he has built and accusations of human rights
violations, Duterte is widely popular and enjoys the support of Davao City
residents.
Davao residents are taking pride that their city has become one of the peaceful
places in the country and has been voted as among Asia's most livable cities.
Describing himself as a disinterested presidential candidate, Duterte has
warned that his presidency will be bloody. He even threatened to dump the
bodies of criminals in Manila Bay for the fish to feast on.
Duterte formally filed and affirmed his candidacy on December 8 as substitute
for PDP-Laban candidate Martin Dino, who earlier withdrew his candidacy.
The 70-year city mayor is leading a privately commissioned survey garnering 38
% of voter preference nationwide.
Erstwhile survey leaders vice President Jejomar Binay and Senator Grace Poe are
tied second at 21 % while administration candidate Mar Roxas is far behind at
15 %.
(source: asiancorrespondent.com)
SAUDI ARABIA:
Saudi Arabia judgment on Ali Mohammed al-Nimr crucifixion 'unfounded' with
'shocking flaws'
Ali Mohammed al-Nimr's crucifixion judgment has been deemed "unfounded" by an
independent legal expert on counterterrorism and human rights. Zafar Gondal, a
former judge and magistrate, conducted an analysis into the case, which
revealed "shocking flaws" with the ruling.
Gondal's research was conducted on behalf of the European Saudi Organisation
for Human Rights (ESOHR) and took into consideration the Kingdom's legal
obligations with respect to international and regional treaties that the
country is bound to. The analysis also placed heavy emphasis on the United
Nations' Convention on the Rights of the Child, which states prohibits capital
punishment for those under the age of 18.
The convention states that those under 18 who are arrested or detained must
have full access to guardians and legal assistance. Saudi Arabia is acceded the
convention in 1996 and Gondal's legal analysis concludes al-Nimr's ruling is in
violation of Article 37 and 40.
A spokesperson for ESOHR said: "The independent expert analysis has proven
major gaps in the prosecution and conviction of Ali al-Nimr, which violate
multiple international treaties, and calls on the judges involved to be the
subject of serious disciplinary action."
Gondal's analysis also detailed a breakdown of the Nimr case based on the
judicial certificate and case documentation. It revealed there had been an
"absence of any form of concrete evidence to corroborate the charges",
including a lack of oral, physical or scientific charges.
Furthermore, the "shocking" legal analysis revealed the judge was "biased" and
"incompetent". Gondal concluded the judge had not met the standards for writing
judgments as no concrete evidence had been provided and the judge had allegedly
provided his ruling "based on conjectures and whims". Gondal's analysis accused
the judge of "quoting many fatwas that reflect a particular brand of Islam" and
"fail[ing] several legal duties", including assuring that Nimr had access to a
lawyer.
"We at ESOHR consider this independent review as providing a strong and
compelling case for the nullification of Ali al-Nimr's charges and sentence,"
said a spokesperson for ESOHR. "[We] call for a re-trail based on international
fair trial principles and under the monitoring of neutral observers."
Gondal's research concluded Nimr's ruling is in violation of article 10 and 11
of the UN Declaration of Human Rights, which is binding on UN member states.
The former judge noted one coerced confession provided the basis for all
charges against the young activist, despite Nimr informing the judge of the
coercion.
(source: ibtimes.com)
IRAN:
'Corruption on earth' brings death penalty in Iran----Conservative Iranian
parliamentarian Ahmad Tavakoli talked about the problems of corruption in the
country at a Dec. 9 speech at Yasuj University.
Tavakoli is skeptical about the optimistic comments made by the Hassan Rouhani
administration regarding the state of the economy once international sanctions
are removed. "Various factors shape the economy that result in the stagnation
or the success of the economy," he said, adding that corruption was "ruining
the allocation of resources and distorting the direction of the economy."
Tavakoli said one of the types of corruption in the country was the "commerce
of influence." While he did not explain the term "commerce of influence" during
his speech, as an example he talked about how in some instances children of
Iranian officials are informed in advance of neighborhoods that will be
developed or privatized. These children of officials, who in Iran are called
"agha-zadehs," or princelings, would purchase the land early at a discount and
later sell the land at a premium. Tavakoli added that these privatization
efforts that happened in the past, presumably referring to the Mahmoud
Ahmadinejad administration, "caused nothing but economic problems."
Tavakoli said that cronyism, nepotism and the commerce of influence are like
tolls on a healthy economy. He also said that corruption can be found in Iran's
judiciary, police force and parliament. "Corruption is systematic," he said,
adding, "It doesn't mean that the entire system is corrupt." He also said there
are recent efforts by the judiciary to confront corruption.
On the conviction of Ahmadinejad's vice president, Mohammad Reza Rahimi, for
corruption, Tavakoli said that the higher the position the individual holds,
the more severe his punishment should be. In the Fars transcript of the speech,
Tavakoli did not mention other names of individuals or officials charged or
accused of corruption. However, there have been a number of high-profile
corruption cases in Iran.
In June, there were conflicting reports about the arrest of the former police
chief of Iran, Esmail Ahamdi Moghaddam, who was abruptly replaced in March by
Supreme Leader Ayatollah Ali Khamenei. Ahmadi Moghaddam denied that he, his son
and his son-in-law were arrested. Before the allegations of his arrest, Iran's
police department had been accused of selling Iranian oil, which had been
sanctioned, and not returning the funds from the sale of the oil. This
allegedly happened under Ahmadi Moghaddam's tenure as police chief.
Another high-profile case of corruption is that of Babak Zanjani, who has been
accused of withholding $2 billion from oil sales in private accounts. During a
Dec. 9 court session, 1 of the defendants in the corruption case, who was
introduced only with the initials H.F.H., broke down in tears when he was told
by the judge that he was accused of "corruption on Earth," which carries the
death penalty, and working against the government. The defendant said that he
was a war veteran who was injured numerous times and that an accusation of
deliberately taking action against the government "was one of the most painful
accusations."
Zanjani has long maintained that he was tasked under the previous
administration to sell Iran's oil while the country was sanctioned and that he
has been unable to return the money sitting in foreign banks due to sanctions.
(source: al-monitor.com)
************
Iran sentences woman to death by stoning ---- Woman identified by initials
"A.Kh" to be executed by stoning for alleged complicity in murder of her
husband, according to local media.
A criminal court in Iran's northern province of Gilan sentenced a woman to be
executed by stoning for alleged complicity in the murder of her husband Arash
Babaieepour Tabrizinejad.
The stoning penalty of the woman, who was only identified by the initials
"A.Kh," was first reported on the Persian-language Iranian website LAHIG on
Saturday.
According to the LAHIG report, the court imposed the stoning penalty on the
woman along with lashings and a 25-year prison sentence. The criminal court in
the city of Rasht in Gilan issued the sentence.
Maryam Nayeb Yazdi, a leading Canadian-Iranian human rights activist based in
Toronto who tweeted about the stoning on Wednesday, told The Jerusalem Post,
"The rate of executions in Iran has not decreased in the last few years, it has
increased. Although stoning has become more rare in Iran, such sentences are
still being issued by Iranian judges. The probability of a stoning sentence to
be carried out is slim due to the international sensitivity of the issue, there
is a great chance her sentence may be 'converted' to death by hanging."
Nayeb Yazdi, who runs the translation blog Persian2English and works with the
international NGO Iran Human Rights, added "We need to note that an official
Iranian website released the stoning sentence news, and we should question the
regime's motives for doing so. The stoning sentence is an indication of the
Iranian regime's continued war against women in Iran. Arbitrary executions in
Iran must be on top of the agenda in any dialogue between Iran and the West."
Julie Lenarz, Executive Director of the Human Security Center in the United
Kingdom, told the Post, "Whether or not one supports the nuclear deal with
Iran, it is astonishing that the West cultivates an ever-closer alliance with a
theocratic regime widely known for its abysmal human rights record and
aggressive behavior in the region. They hang men for the 'crime' of writing
poems; or engaging in peaceful protest; or loving someone of the same sex."
She noted, "Women are stoned for being raped and Iranian law even allows for
juvenile executions. Iran is averaging three hangings per day at the moment and
remains a pariah state with no regard for human life. In a despicable form of
moral myopia, the gold rush for business, as the international sanctions regime
begins to unravel, has made Western governments blind to the suffering of
ordinary Iranians at the hands of the Ayatollahs."
(source: Jerusalem Post)
********
Iran Court Sentences Woman to Death by Stoning
A court in the north of Iran has reportedly sentenced a woman to lashings, 25
years in prison, and also death by stoning for allegedly assisting in the
murder of her husband, Arash Babaieepour Tabrizinejad.
Her sentence was reportedly issued by Branch 2 of a criminal court in Gilan. A
local Iranian official website, quoting the Prosecutor of Siahkal (a city in
the province of Gilan), has identified the woman as only "A.Kh".
(source: Iran Human Rights)
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