April 7
NIGERIA:
AI Calls for Abolition of Death Sentence in Nigeria
Amnesty International (AI) has called for the abolition of death sentence in
Nigeria and all over the world, saying that there has been a 50 % increase in
the number of executions globally.
The Director of AI in Nigeria, Amb. Mohammed Ibrahim, made this call on
Wednesday in Abuja during a media briefing on their latest report titled:
"Death Penalty 2015: Facts and Figures".
He said that Nigeria is among the 58 retentionist countries, whose constitution
still upheld death penalty for ordinary crimes.
He said that the AI has been leading the campaign against death penalty in
Nigeria and all over the world, advocating it that it be expunged from the
constitution.
He however clarified that even though Nigeria has not publicly executed any
criminal for the last 10 years, there are many Nigerians are being hurled up in
congested prisons on deathrow waiting endlessly for execution.
But Mr. Thankgod Ebose, a victims who was in deathrow for 27 years and was
lucky to escape alive, gave account of secret killings in the Nigerian Prisons.
Ebose recounted how he was imprisoned at the age of 19 over firearms incident
and was to be executed by firing squad. He noted how an argument over the mode
of his execution saved his life, having been in line after 4 of his deathrow
inmates have been executed by hanging.
He also disclosed that he was among the lucky few to have escaped the pangs of
death and to air of freedom, saying, "there are many innocent Nigerians in
jail".
"The Sherrif argued that I was to be executed by firing squad and not by
hanging and that was how Amnesty International took up my case to the governor
who later ordered that I be freed," he narrated.
"I don't have much to say but support the Amnesty International so that death
sentence will be cancelled. Do you know that there are people who did not
commit offence have been executed. They convicted innocent persons.
"I still think I am dreaming, but I pray if its a dream let us then remain in
the night. My execution, which suppose to take place in 2013 was a miracle
because then I appealed to Amnesty International to help me and they took up my
case and I was freed. After releasing me, they also helped me in business and
life," he said.
Against this backdrop, the AIN Director has called on the Federal government to
not just abolish the death penalty but to also revamp the criminal laws, which
seems to protect the rich but easily punish the poor.
Ibrahim also warned against killings of Nigerians engaged in peaceful protest,
saying that it is against the law.
"If anybody is killed in the time of peaceful process or peaceful assembly is
unlawful and we are investigating the issues across the country," he said.
(source: This Day)
***************
Why we can't execute Boko Haram convicts
The Attorney General of the Federation, Mallam Abubakar Malami, said yesterday
that convicted members of the Boko Haram sect in the country could not be
executed because the laws under which they were tried did not prescribe death
sentence.
He disclosed this at the launch of Amnesty's report on Global Death Sentences
and Executions 2015, in Abuja, yesterday.
The attorney-general, who was represented by Sylvester Imahanobe, also promised
to work with Amnesty International to stop executition of convicted criminals
in the country, if the international human rights body proposed a bill to that
effect.
He said: "Terrorists in Nigeria are tried under the Terrorism Prevention Act
which does not carry death penalty. That is why even those Boko Haram members,
who have been convicted cannot be executed because the maximum sentence
prescribed by the law is life sentence."
The AGF said he would be pleased to support any bill that came from Amnesty
International on the abolition of death sentence in the country, pointing out
that "studies have shown that death penalty has not stopped people from
committing crimes."
Malami revealed that the country was working towards ensuring that the prison
system was corrective and not punitive, as it is currently.
Earlier in his remarks, the Country Director of Amnesty International, Mohammed
Ibrahim, said there was a "dramatic global rise in the number of executions
recorded in 2015 which saw more people put to death than at any point in the
last quarter-century."
He said the surge was largely fuelled by Iran, Pakistan and Saudi Arabia, which
brought the number of people executed worldwide to 1,634 people, a rise of more
than 50 % on the year before and the highest number Amnesty International had
recorded since 1989.
(source: vanguardngr.com)
EGYPT:
Mubarak trial adjourned again, Egyptians impatient
The much awaited trial of Egypt's former president Hosni Mubarak scheduled for
Thursday was for the fourth time adjourned due to security concerns.
The retrial was adjourned to November 3 after the former president, who is
being tried for conspiring to kill protesters, did not attend due to "concerns
about his secure transfer to the appeals court in downtown Cairo", local
Egyptian media, Mada Masr reported.
Egypt's Justice Ministry's suggestion to move the trial to a police academy in
the country's outskirts was rebuffed by the court.
The trial was adjourned to provide enough time for the search of a more
suitable place, Mada Masr reports.
The trial has previously been delayed twice since November last year due to
varying opinions between the country's internal affairs authority and the
justice system.
Residents of Cairo are now impatient and indifferent and want the case to end.
"No matter what happens to Mubarak, it makes no difference to us," said a Cairo
resident.
"I hope the case will be closed once and for all for Egyptians to move on from
this page. No matter whether he gets the death penalty or a life sentence, let
the judge decide, thank goodness," said another resident.
The ousted president was accused of ordering the killing of protesters during
the 2011 uprising that ended his 30-year rule.
(source: africanews.com)
EAST AFRICA:
Death Sentences in Kenya the Highest Within EAC Bloc
Death sentences in Kenya increased to 30 last year as other East African
nations maintained their penalties at below 10, a new report shows.
Kenya condemned 26 convicts to the hangman's noose in 2014 up from 11 a year
earlier, says Amnesty International (AI) -- which has been pushing for a stop
to killer sentences.
"Sentencing someone to death denies them the right to life - enshrined in the
Universal Declaration of Human Rights," the report says.
Kenya has, however, not executed any convict in the past 29 years since 1987
and last year the Attorney-General Githu Muigai suggested a plan to scrap death
sentences as part of UN Human Rights Council recommendation.
"The proposal is subject to consensus-building within the justice system. It's
ongoing," said Samuel Kaumba, a State counsel, when asked on the progress. He
said that the rise in death row convicts could be a pointer of "a tight,
efficient criminal justice system in Kenya."
The Kenyan government does not publish the number of prisoners on death row.
Tanzania sentenced at least 5 convicts to die last year, down from 91 in 2014,
according to the report.
Uganda had only 1 death row convict while Rwanda and Burundi abolished death
penalty in 2007 and 2009 respectively.
Egypt led the pack in Africa with 538 death sentences, followed by Nigeria at
171. Crimes that attract death penalty include murder, violent robbery, treason
and military offences such as spying, mutiny and aiding the country's enemy,
according to Kenya's Penal Code.
But offenders below 18 years, pregnant women and the mentally ill are spared
from death penalties.
AI, a global human rights watchdog, has over the years pushed for the scrapping
of death penalty, saying it violates the right to life.
Kenya's Supreme Court is expected to make a ruling this year on the legality of
the country's mandatory death penalty after several death row convicts last
year petitioned against their sentencing.
The mandatory provision for capital offences is contained in the old
Constitution.
"We have the option of amending the Penal Code to replace the word 'shall' with
'may' to create room for judges when issuing judgment against capital
offenders," said Mr Kaumba. But convicts can still appeal.
A number of MPs in 2014 rooted for the inclusion of terrorism, homosexuality,
corruption and economic crimes in the list of crimes punishable by death, but
the bid was struck down while amending the Anti-Corruption and Economic Crimes
Act 2 years ago.
Former President Mwai Kibaki in 2009 commuted the death sentences of all 4,000
prisoners on death row to life.
Countries that have abolished the penalty are South Africa, Namibia, Angola,
Djibouti and Mozambique.
(source: allafrica.com)
PAKISTAN:
Death penalty in Pakistan
The number of executions carried out worldwide soared to a 25-year high of at
least 1,634 in 2015, according to a report published by the Amnesty
International. This "profoundly disturbing" rise in deaths is largely fuelled
by the high rate of convictions in China, Iran, Pakistan and Saudi Arabia.
Because the accurate number of casualties could not be ascertained for China,
considering the classified nature of its government statistics on death
penalty, the 3 subsequent countries have made the cut for carrying out more
than 90 % of global executions. Iran alone executed 977 people last year,
mostly to punish drug-related offenders. Pakistan is reported to have executed
over 326 people in 2015, topping even Saudi Arabia, a country notorious for
controversies surrounding human rights. It is disturbing to have Pakistan as 1
of the top 3 countries for carrying out the most executions in 1 year, whereas
it was in December 2014 that Pakistan lifted its 7-year moratorium on
executions.
This steep upturn in verdicts of death penalty as a counter-terrorism strategy
is seen as a response to the 2014 Peshawar massacre, and a mechanism to fight
extremism in Pakistan. Nevertheless, as has been documented over the year, the
reinstated capital punishment so far has had little to do with cases related to
terrorism. Since March 2015, the majority of people executed in Pakistan were
not convicted of any militant, terrorist or extremist offences.
Nevertheless, capital punishment is looked at with a certain scepticism by some
parts of the population and human rights organisations, who regard it as an
abhorrence to fundamental human rights. In addition, Pakistan???s judicial
system is at times criticised because of its lackadaisical attitude to special
cases of juvenile convicts or those with mental or physical impairments. 1
particular case in point is the death sentence of a paraplegic inmate, Abdul
Basit, whose execution has been rescheduled 4 times, not out of humanitarian
concerns but due to logistical challenges that his hanging poses to the
administration. His disability posits a glaring example of the shortcomings in
Pakistan's judicial system, which appears to be devoid of any application of
compassion towards offenders, no matter what their circumstances happen to be.
An oft-expressed criticism against human rights groups - which call for a
revolution in the judicial reforms - is the inclusion of Islamic injunctions
that advocate for a death penalty for a murderer. However, what these
commentators disregard in their opinions is the extensive emphasis on the
principles of empathy and mercy by the same religion.
Furthermore, no evidence has been found, whatsoever, that this reinstatement of
death penalty has acted as a deterrent for any kinds of offences. Even if fewer
terrorism episodes were reported in 2015, the decline can be easily associated
to an intense military operation being conducted across the country. Yet the
sudden upsurge of militant attacks in early 2016 reaffirms the stronghold of
terrorism elements in Pakistan. In the wake of the inefficacy of the present
death-sentence reforms, it is high time that Pakistan government started paying
attention to its judicial model, which neither inspires confidence nor assures
public safety. It is hoped that the country learns from Fiji and Madagascar,
among others, and the record of 2015 does not repeat itself in 2016.
(source: Editorial, Daily Times)
MALAYSIA:
Emotions run high at trial of DPP Kevin Morais
Tempers ran high at the murder trial of deputy public prosecutor Datuk Anthony
Kevin Morais, with his younger brother Datuk Richard Morais snapping at the man
accused of the murder.
Music company director Richard was the 1st witness called to testify against
army pathologist Colonel Dr R. Kunaseegaran, 53, who stands accused of
colluding to murder Kevin along with 6 others.
Asked by the prosecution about the state of his brother's remains, which were
found in a cemented drum, Richard said: "Ask Dr Kuna," prompting defence lawyer
Datuk N. Siva???nanthan to object.
Justice Azman Abdullah pointed out that emotions could get "a little high" as
Richard was understandably upset over his brother's death. The judge
nevertheless ordered the grieving brother to answer civilly.
"My brother was in a state beyond recognition; what do you expect after being
in cement for 12 days?" said Richard, after he was told to answer again.
Sivananthan raised questions over Richard's character, bringing up how he was
recently fined RM2,000 for criminal intimidation and had a few more similar
cases in which he was discharged not amounting to an acquittal.
To this, Richard scolded the lawyer and told him "focus on the case at hand,
and not to beat around the bush".
Sivananthan also asked if there was a connection between Kevin's murder and the
rumour that he had been handling the investigations of the 1Malaysia
Development Board (1MDB) case in relation to the Prime Minister.
Richard replied that he had no knowledge of the cases Kevin handled as a
prosecutor, but believed any such 1MDB theories were "rubbish and unrelated".
During the trial, the accused were allowed to have their handcuffs removed at
the request of their lawyers for the sake of comfort.
The High Court in Kuala Lumpur was filled to the brim, with 3 additional
benches provided to accommodate the many family members and reporters.
Family members of the accused were later seen shaking hands with and hugging
them before they were led back to the holding cells.
On Jan 27, the 6 men - G. Gunasekaran, 48; R. Dinishwaran, 24; A. K. Thinesh
Kumar, 23; M. Vishwanath, 26; S. Nimalan, 23; and S. Ravichandaran, 35 -
claimed trial to charges of murdering Kevin.
They are accused of committing the offence between 7am and 8pm on Sept 4, 2015,
between Jalan Dutamas Raya Sentul and No. 1 Jalan USJ1/6D, Subang Jaya.
Kunaseegaran pleaded not guilty to abetting the 6 in the murder.
They face the mandatory death penalty if convicted under Section 302 of the
Penal Code.
Kevin was reported missing on Sept 4 last year.
He was last seen leaving his apartment at Menara Duta here in a Proton Perdana
car bearing the registration number WA6264Q.
His remains were found in a cemented drum at Persiaran Subang Mewah, Subang
Jaya, near here on Sept 16 last year.
Counsel Sivananthan acted for Kunaseegaran, while Gunasekaran, Vishwanath,
Nimalan and Ravichandaran were defended by counsel V. Rajehgopal, and
Dinishwaran and Thinesh Kumar by M. Manoharan.
The trial continues today.
(source: The Star)
INDONESIA:
Indonesia announces next 10 to be executed, all foreigners convicted of drug
crimes
It has been nearly a year since April 29, 2015, the last time Indonesia carried
out the death penalty. On that day, a firing squad executed 8 people convicted
of drug-related crimes, despite the pleas and outcry of the international
community.
However, all of the uproar over the executions seemed to give the government
pause. Last November, Indonesia's coordinating security minister, Luhut
Panjaitan, said that the government was not thinking "about executing a death
penalty with the economic conditions like this," leading many to say Indonesia
had enacted a de facto moratorium on the death penalty.
But various officials since then have been adamant that executions would
eventually resume, and now we know they were quite serious. Yesterday, the
government announced the names of the next 10 people set to be executed in
Indonesia. All of them are foreigners who have been found guilty of various
drug-related crimes.
Of the 10 foreigners set to executed, 4 are Nigerian (Humphrey Ejike, Eugene
Ape, Ekpere Dike Ole Kamma, and Frank Chidebere Nwakome), 2 are Malaysian (Lee
Chee Hen and Tham Tuck Yin), 2 are American (Frank Amado, and Lim Jit Wee), 1
is Zimbabwean (Federik Luttar) and 1 is Senegalese (Seck Osmane).
With the exception of Senegal, all of those set to be executed are from
countries where the death penalty is still practiced. Some have speculated that
might be to shield Indonesia from the same kind of criticism the government
received during the last round of executions from countries such as Australia
where the death penalty has been abolished.
Not included among those set to be executed is Mary Jane Veloso, the Filipino
woman who was given a last minute stay of execution last year after officials
from the Philippines successfully lobbied the Indonesian government to allow
her to live while the woman who allegedly tricked her into being a drug
smuggler underwent investigation and trial.
Also not included on the list is Frenchman Serge Atlaoui, who had also been set
to be part of last year's executions. The government said Atlaoui has exhausted
all of legal options to avoid the firing squad when courts dismissed his bid to
challenge the president's rejection of his plea for clemency in June.
Chief Public Prosecutor Sudung Situmorang said the next step in the process was
to get the greenlight from the Attorney General to move forward.
"It is being coordinated with the attorney general, we are awaiting a reply to
the letter we sent him," Sudung told Harian Terbit yesterday.
No date or timeline has been set for this next round of executions. Sudung said
the timing was at the discretion of the attorney general HM Prasetyo.
"We will see later, as I said it is still rainy season. We are waiting for the
weather to be good," Prasetyo told Media Indonesia yesterday. However, a
spokesman for the AGO apparently told ABC correspondent Adam Harvey that the
attorney general was just "joking" when he made that statement.
(source: coconuts.co)
SINGAPORE:
Malaysian charged with murder in Singapore
A Malaysian was charged today in the District Court with the murder of a
28-year-old woman in a flat at Circuit Road last month, according to a report
on The Straits Times website.
Boh Soon Ho, 47, is accused of killing Zhang Huaxiang, who is believed to have
been his girlfriend, sometime between 12.54pm on March 21 and 8.40pm the next
day, the report said.
It said Boh did not enter a plea to the charge, which was read out to him in
Mandarin.
The police prosecutor successfully applied for Boh to be remanded for further
investigations, the report said. He will be brought back to court on April 14,
it said.
The report said Boh was arrested by Malaysian police across the Causeway on
Monday and handed over to Singapore police the next day.
If found guilty of the charge, Boh faces the mandatory death penalty, it said.
(source: malaysiakini.com)
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