Jan. 31




PAKISTAN:

It's been 2 years since an Edinburgh businessman was sentenced to death in Pakistan ---- The family of Mohammad Asghar, who is mentally ill and becoming more frail in bad prison conditions, want him brought back to Scotland.


The family of a pensioner condemned to hang in Pakistan have told how they fear he's become a forgotten prisoner 2 years after being sent to death row.

Languishing in a secure Pakistan hospital, sentenced to death for blasphemy, Edinburgh businessman Mohammad Asghar can no longer read the newspapers that used to keep him occupied.

Cataracts have robbed the 71-year-old of his vision, removing one of the last remaining links to the outside world from which he was removed 6 years ago.

Mentally ill, frail and alone, the grandfather is confined to one windowless room except for the half an hour each day when he's allowed to walk in the corridor outside.

He has suffered with vitamin D deficiency through lack of exposure to sunlight and muscles in his legs have wasted through lack of exercise.

At home in Scotland, his heartbroken daughter Jasmine Rana is renewing her call to the governments of Britain and Pakistan to finally allow her father to come home.

The mum-of-4 said: "I honestly thought that the Government would take action and get him back.

"David Cameron said he would intervene. The Foreign Office send me emails on how he is, with messages from him. He always tells us not to worry, just to get on with our lives. But that???s him trying to protect us.

"We are still no further forward in getting dad back where he belongs.

"I'm terrified for him. I can't sleep, I wake up crying. My children forget what he looks like. 2 of his brothers have died since he's been in jail. Someone has to help him now."

Mohammad, who ran several grocery shops in Edinburgh, was diagnosed with paranoid schizophrenia.

The father-of-5 had suffered seizures and depression since having a stroke.

In 2010, he left Edinburgh for Pakistan - where he owned property - shortly after being discharged from hospital, where he had been sectioned under the Mental Health Act. Within weeks, he had been arrested in Punjab, accused of writing letters in which he claimed to be the prophet.

In January 2014, he was sentenced to hang, despite his legal team insisting he was too sick even to stand trial.

Blasphemy is such a highly charged crime in Pakistan that he is constantly at risk of vigilante attacks. He was only moved to hospital from jail after being shot in the back by a prison guard who was supposed to be protecting him.

Human rights group Reprieve lobbied the British government for Mohammad's release and a 70,000- signature petition was delivered to Downing Street in October 2014.

In 2014, Jasmine took a petition to Downing Street.

But despite assurances of top-level intervention, he has remained locked up far from home.

Jasmine said: "Now he's on his own, apart from the guards and the doctors who are allowed in to treat him.

"We had to argue for him to get a radio and, even then, he's only allowed certain stations.

"I send pictures of my children so he can see how they're growing. But I can't explain how terrible it feels. Whenever I'm ill, I find myself thinking it's nothing to how bad things must be for him."

In December 2014, Pakistan lifted a 7-year moratorium on the death penalty. Amnesty International say 300 people have been executed since then.

Jasmine added: "Every time I hear someone has been executed, I can't bear it. I would love to go out and see him but I'm told it's not safe for me.

"I would plead with anyone who will listen - please let him come home."

The family's lawyer, Aamer Anwar, said they had been told not to speak about the ordeal for fear of jeopardising their father's case.

But they've become deeply frustrated by the government's failure to act.

He said: "The Prime Minister said he was taking this case seriously but, 2 years on, the Asghars are no longer willing to wait for the call telling them their father is dead because of illness, a hangman's noose or a fanatic's bullet."

The Foreign and Commonwealth Office insist Mohammad's case remains a high priority.

They said: "We continue to raise it at senior levels in Pakistan to ensure he is receiving the best possible support."

(source: dailyrecord.co.uk)






INDONESIA----female may face death penalty

Jessica Charged With Premeditated Murder, Could Face Death


Police in Jakarta have charged Jessica Kumala Wongso, a suspect in the high-profile murder of her friend, Wayan Mirna Salihin, with premeditated murder, which means she could face the death penalty, an official said on Saturday.

The 27-year-old was named a suspect at 11 p.m. on Friday, and investigators subsequently arrested her at 7.30 a.m. the next day at Hotel Neo, Mangga Dua Square, Central Jakarta.

"She has been charged with Article 340 of the Criminal Code on premeditated murder," said Sr. Comr. Krishna Murti, general crimes director of the Jakarta Police.

The article carries a minimum jail sentence of 20 years and a maximum penalty of life in prison or death.

"[As this is a case] with a sentence [prospect] of more than 5 years, we could detain her," Krishna said. "We have 24 hours to question her before deciding [whether to extend] the detention."

Jessica was brought in to the Jakarta Police headquarters at 10. p.m. for questioning, but as of 4 p.m., investigators were still waiting for the arrival of her legal defense team.

"If her lawyers don't show up, the state will provide her with legal assistance," Krishna said.

Contacted separately, one of Jessica's lawyers, Andi Yoesoef, said that his team would accompany her, but he also called Saturday's arrest deplorable, claiming his team was not informed of it beforehand.

"It is the right of police, but at the very least, they should have provided prior notice," he said.

"Yudi will attend today's questioning," Andi said, referring to another lawyer for Jessica, Yudi Wibowo Sukinto.

Jessica has been at the center of police investigations into Mirna's case in recent weeks.

Mirna, also 27, suffered convulsions on Jan. 6 at Olivier cafe in Grand Indonesia shopping mall shortly after taking a sip of her Vietnamese iced coffee. She was then taken to a nearby hospital, where she died.

Lab tests confirmed there were traces of highly toxic cyanide inside her stomach, as well as in the drink she consumed.

Police said the drink was ordered by Jessica, who arrived at the cafe almost an hour earlier.

Investigators have questioned Jessica as a witness at least five times and searched her home, while at the request of police, the immigration office had also imposed a travel ban.

(source: Jakarta Globe)






IRAQ----executions

ISIS Executes 18 Civilians in Mosul, Iraq


The ISIS has recently executed a number of civilians across its territories in Northern Iraq, including a young Kurdish man in Mosul for allegedly cooperating with Kurdish Peshmerga forces against the terrorist group.

ISIS militants executed a 17-years-old Kurdish man in a military base in their Northern Iraqi stronghold of Mosul.

Sources revealed that the victim was from the predominantly Shabak village of Bajrbog near Bashiq district, and he was abducted by ISIS some 20 days ago.

Since the northern province of Nineveh has fallen into the hands of ISIS in June 2014, the extremist group is conducting mass killings and arbitrary punishments against locals to spread fear in the area and, as a result, leave the civilians with no choice but obedience.

Elsewhere in Salahaddin province, nearly 17 youths received the death penalty by ISIS as they had killed an ISIS member, raised an Iraqi flag on a telecommunication tower in Shirqat district and cooperated with the Iraqi government against ISIS.

Local sources told to the Iraqi media that the insurgents hung the corpses from lamp posts after the executions.

(source: AhlulBayt News Agency)






CHINA:

China Sentences 2 Men to Death in Slaying of Tibetan Monk


A Chinese court sentenced two men to death in the 2013 killing of Akong Rinpoche, a well-known religious figure who founded the 1st Tibetan Buddhist monastery in the West and built an international network of spiritual retreats.

Thubten Kunsal, a Tibetan man who had worked at Akong's monastery in the United Kingdom as an artist for 9 years, fatally stabbed Akong, his nephew and his driver after confronting him at his home in the city of Chengdu over $415,000 in wages he believed he was owed, according to a statement Sunday by the Chengdu People's Intermediate Court.

Thubten and another man, Ciren Banyue, were given the death penalty while a 3rd man was sentenced to 3 years' prison for hiding daggers used in the killings. Thubten and Ciren said they planned to appeal, according to the court statement.

Akong's monastery Kagyu Samye Ling, which is based in southwest Scotland with branches in Europe and Africa, has denied it owed Thubten pay. It did not immediately have comment on the sentences.

Born in 1939, Akong was recognized at age 2 by a search party as a lama incarnate and entered the Dolma Lhakhang monastery before fleeing to India as Chinese forces moved in to stamp out the 1959 Tibetan uprising. He moved to Britain several years later, studied at Oxford University and founded his Buddhist center in Dumfriesshire, Scotland, in 1967.

The monk, who became a British citizen, maintained friendly relations with the Chinese government and frequently visited the country to look after charity projects. Akong was on a fundraising trip when he was stabbed.

(source: Associated Press)






INDIA:

Court holds 2 guilty of Yug Chandak's brutal killing


A year after trial commenced in the sensational kidnap and murder case of 8-year-old Yug Chandak, the sessions court here found both accused - Rajesh Dhanalal Daware (19) and his friend Arvind Abhilash Singh (23) - guilty of diabolic killing on Saturday.

The perpetrators, both BCom first year students of from PWS College, Kamptee Road, were convicted under Sections 302 (murder), 364A (kidnapping for ransom), 201 (destruction of evidence), and 120-B (criminal conspiracy). Principal judge KK Sonawane will pronounce the full verdict on February 3 after hearing arguments from both sides on quantum of punishment. Daware's 17-year-old younger brother, who assisted accused in conspiracy, was already referred to Juvenile Remand Home. About 26 injuries, including those on the neck, were found on the Yug's body.

None of the 50 witness examined by the prosecution turned hostile, which is perhaps rare in such high-profile murder cases, as per additional public prosecutor Jyoti Vajani, Chandak family's counsel Rajendra Daga and investigation officer (IO) from Lakadganj Police Station Satyanarayan Jaiswal. According to them, they brought to fore as many as 20 circumstances to prove complicity of the accused in the crime.

With a view to extract revenge from Dr Mukesh Chandak for what Daware claimed as humiliation meted out to him by the doctor and extract ransom, Daware hatched the conspiracy to kidnap and kill Yug, a second standard student of Centre Point School, Wardhaman Nagar branch. The duo executed their plan and brutally killed the child by strangulating him on September 1, 2014.

They later buried his body in sand under pipes near a culvert on the desolate Gumthi-Gumthala Road near Patansawangi village, 27 kms from Nagpur.

The duo had planned their escape after receiving money, but were arrested on the next day after Chandak family raised suspicion on Daware. During intense interrogation, both the accused confessed to killing the boy and led the investigators to the spot where they had buried the child's body.

The incident shook the conscience of Nagpurians and most joined hands to condole Yug's death. Candle marches were taken out in support of the Chandak family and demanded death for the perpetrators of innocent child's killing.

The court relied on a number of factors apart from strong testimony of 50 witnesses to nail the culprits. It included CCTV footage at a petrol pump where the accused filled up their bike's tank after kidnapping the child, last seen theory of many witnesses, recovery of child's clothes from the spot shown by accused and Yug's earring which was traced to Arvind Singh's home. Even the call details records and more importantly, the testimony of Daware's girlfriend, went against them.

2 school students from Patansawangi village, who saw the duo taking Yug on their bikes, were also made witnesses by the prosecution after requesting their parents.

According to police, Daware was familiar with the place where body was buried as he often used to take his girlfriend to Adasa and take a break at the spot while returning.

The prosecution lawyers had already cited three landmark Supreme Court verdicts including that of Bacchan Singh of 1983, to press for death penalty to the accused while terming the case as "rarest of rare" with no signs of reformation of the 2 accused.

It was the second such diabolic killing in the city in three years after another 8-year-old boy Kush Katariya was similarly killed by Ayush Pugalia on October 11, 2011, to extracting Rs2 crore ransom from his parents. Fittingly, he was awarded a rare double lifer by the court, which was enhanced to triple lifer by the Nagpur bench of Bombay High Court.

(source: The Times of India)

*****************

Rapist father awarded death penalty


A local court today awarded death penalty to 1 person on the charge of raping and strangulating his minor daughter.

According to prosecution, Mehatlal Sanodiya (42) sexually assaulted and strangled his 13-year-old daughter when she was alone on the night of January 25, 2013. His wife had gone to her maternal home with her younger daughter. On the next day, the accused closed the door and went to farm. Police were informed about the crime by neighbours.

Deputy Director (Prosecution) Narendra Singh Uike said as there were no eyewitnesses in the case, Sessions Judge Devendra Singh delivered the verdict on the basis of DNA test and other evidence.

(source: webindia123.com)

********************

No illusions about keeping hangman busy but anything else will hurt community


A city sessions court today handed death to 3 men found guilty of gang-raping and murdering a college girl in Kamduni in 2013, rejecting the argument of their lawyers that the crime didn't fall in the category of "rarest of rare".

Judge Sanchita Sarkar, who sentenced three others to imprisonment till death, said if the rising trend of such crimes wasn't "nipped" in the bud, the "poison" could spread like wildfire.

The sentences were handed down 2 days after the court had convicted Ansar Ali, Amin Ali and Saiful Ali - the trio sentenced to death - along with Emanul Islam, Bhola Naskar and Aminur Islam, jailed for life for gang-rape as their role in the murder couldn't be proved.

The judge had acquitted 2 men, Rafikul Islam Gazi and Noor Ali. A ninth accused, Gopal Naskar, died in custody last year.

The lawyers for Ansar, Amin and Saiful, the death-row trio, said they had decided to move the high court. Should the 3 - they have the option of taking the matter right up to the President if the high court and the Supreme Court uphold the judgment - fail to get clemency, they would be the 1st to be hanged in Calcutta since the August 14, 2004, execution of Dhananjoy Chatterjee.

Chatterjee had raped and murdered a schoolgirl, a crime that was deemed rarest of rare.

In her judgment today, additional district and sessions judge Sanchita Sarkar said a "strong message" needed to be sent.

"It is true that it cannot be predicated that a crime-free society will dawn if the hangman is kept feverishly busy, but it is equally true that barbaric rapes and murders have become the order of the day and inadequate punishment may lead to the sufferings of the community at large," she said in her 113-page judgment.

"I conclude by stating the obvious that a strong message needs to be sent to the perpetrators of such a ghastly crime against women that such crimes shall not be countenanced. I also feel that if the rising trend towards such crime is not nipped in the bud and arrested at its inception the poison is likely to spread like wildfire through the social order, rendering it hapless and defunct," the judge added.

"To put the record straight, these persons have not been convicted only on account of conspiracy but also for their overt acts. The offence of gang rape in the instant case at hand compounded with murder has shocked the collective conscience of the society at large."

On June 7, 2013, the 21-year-old second-year BA student was walking back to her home in Kamduni, a North 24-Parganas village 50km from the city, after a college exam when she was dragged into the caretaker's room of a compound with a boundary wall and gang-raped repeatedly. She died during the assault. Her body was found the next morning.

"The acts of the convicts were committed with a deliberate pre-planned design to gain control over the victim. The antisocial or socially abhorrent nature of the crime is reflected from the fact that the said crime was committed not for personal reasons but to terrorise the people of the locality and to frighten them," the judge noted.

There have been instances when a death sentence handed down by a lower court has been changed by an upper court. Aftab Ansari and Jamiluddin Nasir - both sentenced to death for their role in the 2002 attack on Calcutta's American Centre - escaped the gallows after the Supreme Court commuted their sentences.

The top court ruled that Ansari would remain in jail throughout his life while Nasirwould have to serve a minimum of 30 years.

Last year alone, Calcutta High Court sources said, 21 verdicts of capital punishment were converted to life imprisonment.

This morning, the judge first heard the arguments of the defence counsel and the prosecution before she gave the convicts a chance to appeal individually. Senior lawyers said the practice of a judge hearing out the convicts one last time before handing down the verdict, when they face death penalty or life imprisonment, was common.

Ansar's counsel Firoz Edulji argued that the crime didn't fall in the category of "rarest of the rare" and underscored the importance of the court to assess how harmful the convicts could be to society if they are released.

Then public prosecutor Dipak Ranjan Ghosh said the crime was "heinous" and "brutal", before going on to describe how the victim's body had been subjected to "grievous, fatal injury".

"Consider this. Saiful Ali, while giving his statement under Section 164, aggressively and enthusiastically re-enacted how the rape and murder was committed. I have not seen anything like this in my 33 years (in the profession). If that does not make it rarest of the rare, I do not know what does," Ghosh submitted.

In an apparent endorsement of Ghosh's argument, the judge noted: "Exemplary punishment is, therefore, the need of the hour, for if this is not (among) the rarest of rare crimes, there is likely to be none."

None of the 6 convicts betrayed any emotion as the judge pronounced the verdict. Ansar, who beckoned 1 of his lawyers, asked him to "get a copy of the judgment quickly".

The ruling establishment claimed the judgment was a "victory". Urban development minister Firhad Hakim, who had joined his party's chorus in the past to ridicule a section of Kamduni residents for their campaign for justice, said: "We are happy with the judgment. The administration performed its duty by arresting the culprits and bringing them to justice."

The family of the victim, according to her elder brother, said they would move the high court against the acquittal of Rafikul and Noor. "We will figure out our course of action after meeting chief minister Mamata Banerjee," he said while leaving the court premises.

(source: The Calcutta Telegraph)

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