April 21
SAUDI ARABIA:
President Obama Can Help Save Saudi Youth Facing Beheading----He can save lives
and help ease religious tensions in the region.
One concrete outcome that President Obama could pursue on his visit to Saudi
Arabia is saving the lives of three Shia youth sentenced to be executed, most
likely by beheading, for participating in nonviolent protests. Sparing their
lives could also help ease the Shia/Sunni tensions that have engulfed the
region.
Ali al-Nimr, Dawood al-Marhoon, and Abdullah al-Zaher are members of the
minority Shia community that has, for decades, been demanding equality and full
civil rights. The Shia represent 10-15 percent of the Saudi population and live
mainly in the oil-rich Eastern province. Ever since the Saudi state was founded
in 1932 by forming a pact with the Wahhabi sect of Sunni Islam, the Shia in
Saudi Arabia have endured state-sponsored discrimination, social
marginalization, and campaigns of violence waged by anti-Shiite hardliners.
According to Sarah Leah Whitson, Middle East and North Africa director at Human
Rights Watch, "All the Saudi Shia want is for their government to respect their
identity and treat them equally. Yet Saudi authorities routinely treat these
people with scorn and suspicion." The persecution of the three youth is deeply
sectarian, and reflects the long history of oppression the Shia have faced in
Saudi Arabia.
Leaked U.S. diplomatic cables in 2008 reported a campaign to close Shia mosques
and prevent Shia celebrations, as well as ongoing arrests of people trying to
take part in these celebrations. There is also discrimination in the education
system. Shia cannot teach religion in public schools and Shia pupils are told
by Sunni teachers that they are infidels. Saudi textbooks traditionally
characterize Shiism as a form of heresy worse than Christianity and Judaism.
Shia cannot become school principals and there are unofficial restrictions on
the number of Shia admitted to universities.
The discovery of oil in the Eastern Province brought the Shia jobs as skilled
and semi-skilled workers, but they receive little of the contracting wealth the
industry generates and they complain that the region does not get its fair
share of the oil revenue. Shia are also discriminated against in government
employment, especially in positions that relate to national security, such as
the military, police, or the security services. There has been only 1 Shia
minister, appointed by King Abdullah in 2014 as the Minister of State, and only
a handful of Shia members have been appointed to the 150-seat Shura Council
that advises the king.
The Sunni-Shia divide, and the resulting persecution of Shia, becomes more open
and dangerous in times of regional upheaval and heightened tensions with Iran.
The 2003 U.S. invasion of Iraq and the subsequent rise of Iranian influence in
the region intensified the hostilities. The Saudi government began to view
dissent among the Shia as part of an Iranian conspiracy to destabilize the
kingdom.
This was the climate during which the 2011 Shia protests took place, inspired
by the Arab Spring. The protests began with calls for Shia rights and the
release of political prisoners, but in the summer of 2012, after at least 16
people died at the hands of government forces, the demands turned into
far-reaching calls for a constitutional government and an end to the monarchy.
Ali, Dawood, and Abdullah were among the hundreds arrested during those
protests. Their grossly unfair trials were based on "confessions," extracted
under torture, that they attacked police. Dawood was so badly beaten that he
signed a blank piece of paper; his tormentors later filled in the "crime"
without even bothering to show it to him.
These young men were sentenced to death for activities that, in the United
States, are guaranteed by the First Amendment of our Constitution. The fact
that they were sentenced to death for actions committed as juveniles is all the
more shocking.
Saudi Arabia is one of the only countries in the world that executes people
arrested as minors. The UN Convention on the Rights of the Child, to which the
Saudi government is a party, prohibits capital punishment for individuals who
were under 18 at the time of the alleged crime. So do the International
Covenant on Civil and Political Rights and the American Convention on Human
Rights. While the United States itself still uses the death penalty, in 2005
the Supreme Court ruled that the death penalty for juveniles was cruel and
unusual punishment and therefore prohibited by the Constitution.
Aside from the issue of minors, Saudi Arabia is one of the top three
executioners worldwide, surpassed only by China and Iran. In 2015, Saudi Arabia
broke its own previous records, executing 158 people. This year, if the current
rate is maintained, Saudi Arabia will execute about 320 prisoners, almost one a
day.
If the Saudi government beheads these young men, it will further ignite
sectarian hatred. On January 2, the government executed a prominent Shia
cleric, Sheikh Nimr al-Nimr (Ali al-Nimr's uncle), causing outrage among the
Shia community inside the kingdom and abroad. Sheikh al-Nimr preached
nonviolence, but was sentenced to death for "inciting sectarian strife" and
"calling to overthrow the regime," among other vague charges. In Iran, an angry
mob burned the Saudi Embassy, and the Saudis reacted by cutting off diplomatic
relations.
The U.S. Commission on International Religious Freedom said: "Sheikh al-Nimr's
execution blatantly disregards the right to dissent and the right to religious
freedom of Shia Muslims in the country and contributes to sectarian discord
both within Saudi Arabia and in the region. It is long past due for the
government of Saudi Arabia to honor international standards of justice and
ensure the religious freedom and equal protection rights of everyone in the
Kingdom, including its Shia Muslim citizens."
In his Atlantic interview with Jeffrey Goldberg, President Obama rightly
commented that Saudi Arabia needs to "share" the region with Iran. The same
would apply internally: the Saudis need to share the nation with their own Shia
minority. Given the uproar following Sheikh al-Nimr's execution, saving the
lives of these young men could ease tensions and show the Saudis that the U.S.
government will no longer close its eyes to their grotesque human rights
record.
(source: Medea Benjamin is cofounder of the peace group CODEPINK and author of
a forthcoming book on Saudi Arabia, Kingdom of the Unjust; alternet.org)
MALAYSIA:
Teen murder case set for May 19 mention
The Magistrate Court here fixed May 19 for mention of a case where a security
guard was charged with the murder of a 17-year-old schoolgirl.
Magistrate Nur Azzuin Abd Moati set the date today pending permission to
transfer the case to the Penang High Court after the case was brought up.
Tarmizi Yaakob, 20, is accused of murdering the victim on Oct 25, 2015, between
7.30am and 7.30pm at the Bandar Baru Perda flats in Teluk Kumbar.
The charge under the Penal Code carries the mandatory death penalty upon
conviction.
DPP Shafiq Mahadi prosecuted while the accused was unrepresented in the murder
case.
Sessions Court Judge Helmi Ghani earlier had also fixed May 19 for mention and
case management of 2 rape charges against Tarmizi.
He is accused of raping Intan Suraya at the same date, time and place and faces
a maximum 20 year prison sentence and whipping upon conviction.
He is also accused of raping a 21-year-old clerk at a home in Teluk Kumbar,
between 4.30am and 5.30am on Oct 8, 2015.
He claimed trial to the 2 counts of rape and was defended by Sukhindarpal Singh
while DPP JG Kamini prosecuted the case.
(source: The Sun Daily)
INDONESIA:
Indonesian bishops come to the aid of death-row convict ---- Lawyers say new
evidence shows that prisoner received unfair trial
The Indonesian Catholic bishops' conference is seeking the repeal the death
sentence of a Catholic man convicted of drug trafficking. The conference's
Advocacy and Human Rights Forum, consisting of 11 volunteer lawyers, is
offering legal aid to a 54-year-old Catholic layman named Christian, who was
arrested in November 2007 on drug trafficking charges, convicted and sentenced
to death.
The team asked for a judicial review for the case on March 28, saying that
there is new evidence to show that the conviction was unfair.
"New evidence shows that the verdict should have led to his release or at least
a light punishment," Azas Tigor Nainggolan, team coordinator, said at the April
20 judicial review hearing in West Jakarta District Court.
The prosecution's key witness in the case said he was forced, intimidated and
tortured by investigators from both the police and the National Narcotics Board
to testify that he knew Christian as a member of his drug trafficking network,
he added.
"This is against the standard operating procedure of crime investigations into
drug-related cases by the National Narcotics Board," Nainggolan said.
His forum has uncovered at least 300 death penalty convictions that were the
result of unfair trials.
Father Paulus Christian Siswantoko, executive secretary of the bishops'
Commission for Justice, Peace and Pastoral for Migrant-Itinerant People that is
working with the team of lawyers, said he believes Christian to be a victim.
"This is the reason why the Indonesian bishops' conference has decided to offer
legal aid. Moreover, this effort is in accordance with the Catholic Church's
teaching of rejecting the death penalty," Father Siswantoko told ucanews.com.
He expressed the hope that the case regarding Christian will encourage
President Joko Widodo to review his policy on the death penalty.
"Christian's case shows how bad our trial system is. The government should
improve itself before thinking about executions," Father Siswantoko said.
Christian told ucanews.com that his lawyer provided by the National Narcotics
Board failed to defend him properly and when he was convicted, "my lawyer
clapped his hands."
Christian says he is looking forward to being back with his family.
The next hearing for his case is scheduled to be held next week.
(source: ucanews.com)
*********************
4 charged with drug trafficking
3 men and a teenager were charged with drug trafficking at the High Court
yesterday.
Lee Chen Shian, 39, Sia Yak Kwong, 37, Sia Puong Ping, 49, and a 13-year-old
boy were charged under Section 39B(1)(a) of the Dangerous Drug Acts 1952,
punishable under Section 39B(2) of the same act read together with Section 34
of the Penal Code.
The section provides for the death penalty upon conviction.
The charge said they were caught trafficking Methamphetamine weighing 73.46
gramme at 12.32pm on Jan 11 at a house in Hua Kiew Road.
Lee is also charged under Section 12(2) of the same Act and punishable under
Section 12(3) of the same Act for alleged possession of Methamphetamine
weighing 0.43 gramme.
It carries a fine up to RM100,000 or jail term of not more than 5 years or
both.
Sia, on the other hand, is facing 2 charges under Section 12(2) of the same Act
for alleged possession of Ketamine weighing 7.15 g and Methamphetamine weighing
17.76. Possessing Ketamine is punishable under Section 12(3) of the same Act.
The charge for possessing Methamphetamine is punishable under Section 39A(1)(r)
of the same Act which provides for a jail term between 2 and 5 years and
whipping of between 3 and 9 times, on conviction.
The accused are to appear in court again on May 18 for further mention of their
cases.
(source: theborneopost.com)
UNITED NATIONS:
Countries clash over death penalty at UN drug policy session
The 1st UN special session to address global drug policy in nearly 20 years
bristled with tension Tuesday over the use of the death penalty for
drug-related offenses, as countries wrestled over whether to emphasize
criminalization and punishment or health and human rights.
The outcome document adopted by member states included no criticism of the
death penalty, saying only that countries should ensure that punishments are
"proportionate" with the crimes.
"Disproportional penalties ... create vicious cycles of marginalization and
further crime," Mexican President Enrique Pena Nieto told the gathering. He
also called for the decriminalization of marijuana for medical and scientific
purposes and said the international community's responses to drug issues is
"frankly, insufficient."
He said Mexico in the coming days would announce specific drug policies with an
emphasis on health and human rights.
At least 685 people around the world were executed on drug-related offenses in
2015, said Chiara Sangiorgio, a death penalty expert with Amnesty
International. The rights group says 30 countries have laws that punish
drug-related offenses with the death penalty.
Indonesia, which last year executed 14 people, mostly foreigners, convicted of
drug-related crimes amid an international outcry, defended its stance Tuesday,
saying the death penalty is not prohibited under international law.
China, which along with countries such as Saudi Arabia and Iran carries out
executions for drug offenses, signaled little flexibility on its approach.
"Any form of legalization of narcotics should be resolutely opposed," Public
Security Minister Guo Shengkun told the gathering.
Prior to this week's 3-day meeting, Democratic presidential candidates Hillary
Clinton and Bernie Sanders, rock star Sting and hundreds of others sent an open
to UN Secretary-General Ban Ki-Moon letter saying the war on drugs has failed.
It said that for decades, governments have focused resources on repressing drug
use, resulting in the imprisonment of millions of people, mostly the poor and
ethnic minorities, and mostly for non-violent offenses
The letter's signers, including former presidents of Mexico, Colombia, Brazil,
Switzerland and others, joined a growing number of government officials and
drug policy analysts calling for a shift in global drug policy from emphasizing
criminalization to health and human rights.
Hundreds of government officials, representatives of non-governmental
organizations and individuals from civil society are attending the General
Assembly special session at UN headquarters.
The last special session on the topic in 1998 ended with the lofty but
unattainable goal of ridding the planet of illegal drugs by 2008.
On the non-medical use of drugs, the outcome document adopted Tuesday says
countries should "develop and implement countermeasures and supportive public
health, education and socioeconomic strategies to effectively address and
counter the non-medical use and misuse of pharmaceuticals that contain narcotic
drugs and psychotropic substances, while ensuring their availability for
legitimate purposes."
Last month, The Global Commission on Drug Policy - whose members include former
presidents of Mexico and Brazil, as well as former UN Secretary-General Kofi
Annan and Virgin Group founder Richard Branson - said in a statement that
discussions drafting the outcome document adopted Tuesday relied too heavily on
an outdated approach that emphasizes criminal justice and prohibition.
The group argued that the emphasis should instead be on alternative approaches
including abolishing capital punishment for drug-related offenses and a focus
on treatment.
(source: The Jakarta Post)
TAIWAN:
Nearly 9 out of 10 in Taiwan want to keep death penalty: poll
Out of every 10 people in Taiwan, there are nearly 9 who oppose the idea of
abolishing capital punishment, mainly because they think such a move would
undermine public order and deprive the authorities of a deterrent to would-be
criminals, according to a poll released Thursday.
The survey by the Cabinet's National Development Council (NDC) found that 87.9
% of Taiwanese want the death penalty to be retained, 4.8 % are against it, and
7.3 % have no clear position on the issue.
In a statement, the NDC said concern over the deterioration of public order was
the main reason cited by those who want the death penalty to remain on the law
books.
They indicated that in the absence of the death penalty, there would be no
deterrent to potential criminals, the NSC said.
The people who supported the abolition of the death penalty, however, said they
did not think it was an effective deterrent and that it was a violation of
human rights, according to the poll.
The government has no right to deprive people of the right of life, those
people argued.
Asked about the link between capital punishment and public order in Taiwan, 82
% of the respondents said the death penalty can deter people from committing
crime, while 10.9 % said the enforcement of capital punishment does not help to
improve public order.
On the question of whether the death penalty should be replaced with life
imprisonment with no parole, 68.7 % of the respondents opposed such an idea,
while 25.3 % supported it.
Among the 3,013 people surveyed, 83.6 % said they agreed to the idea of a law
revision to allow only the death penalty for serial killers and those who
murder children. Only 10.3 % of the respondents opposed that idea.
The poll was conducted amid renewed debate over the death penalty after a
4-year-old girl was decapitated by a 33-year-old man in Taipei on March 28. It
was the 2nd random, brutal child killing case in Taipei in less than a year.
The NDC conducted the survey April 12-17 via telephone interviews on randomly
selected people aged 20 and over in Taiwan. It had a confidence level of 95 %
and a margin of error of plus or minus 1.79 % points.
(source: focustaiwan.tw)
CHINA:
China Sets New Judicial Guidelines for Death Penalty for Corrupt Officials
Officials found guilty of graft involving 3 million yuan could face death
penalty under the new judicial guidelines.
Chinese officials who will be found guilty of graft involving 3 million yuan
could face the death penalty under new judicial guidelines, the South China
Morning Post reported.
The corruption threshold was an increase from the previous 100,000-yuan worth
of bribe accepted.
Under the new rules, "defendants convicted of 'especially serious' offences of
graft of between 1.5 million yuan and 3 million yuan . . . could also face the
death penalty," the article said.
These offences include embezzling money for illegal activities, embezzling
funds allocated for disaster relief and refusing to hand over funds considered
illicit.
The new standards were jointly issued by the Supreme People's Court and Supreme
People's Procuratorate as a replacement to those stipulated in the Criminal Law
in 1997.
The old rules have been receiving criticisms as they are said to be outdated,
speaking of inflation and income growth.
For the previous years, China has seen seldom imposition of the death penalty
among senior corrupt officials. Instead, most of those convicted for graft are
only suspended for 2 years, which can later be commuted to life imprisonment if
proven that they committed no additional offences.
Such is the case of Liu Zhijun, former railways minister, who was found to have
taken 60 million yuan in bribes. In 2013, he was given a suspended death
sentence, but last year, the sentence was commuted to life imprisonment.
Zhou Yongkang, a former security tsar, was also jailed for life after he and
his family took a whopping 129 million yuan in bribes.
2-year death sentence suspensions may be issued should there be mitigating
factors, including voluntary return of ill-gotten wealth or confession,
according to judicial interpretation.
Under the recently issued amendments, there will also be a new threshold for
the prosecution of officials. Suspects of bribery involving 30,000 yuan are
likely to face prosecution, while those suspected to have embezzled or received
10,000 yuan in bribes could also face the court.
Previously, the threshold for an official's criminal prosecution was at least
5,000 yuan in bribes.
(source: en.yibada.com)
TURKEY:
Survey: 93.5 % of Turks support death penalty for rape
According to a survey conducted by the Ankara-based Objective Research Center
(ORC), 93.5 % of participants said they would support reintroducing the death
penalty for crimes such as rape, treason or terrorism.
A previous survey carried out by ORC in March indicated support for such a law
at 92.6 %.
Turkey abolished the death penalty in 2002, 18 years after Turkey last executed
a prisoner during the post-1980 coup period. The previous exercise of the death
penalty was largely confined to periods after military coups, such as the 1961
hanging of former Prime Minister Adnan Menderes after the military coup in
1960, and the hanging of three prominent left-wing militants in 1972.
The death penalty was replaced in 2002 by aggravated life imprisonment, or life
sentence in isolation with restricted access.
Turkey briefly considered the penalty of chemical castration for sex offenders,
which never passed the stage of draft legislation. Ismail Ok, a lawmaker from
the opposition Nationalist Movement Party (MHP), said at a press conference
yesterday that he presented a draft proposal to Parliament to enact a law
stipulating sex offenders be castrated. "If you don't want a repeat of these
serious crimes against our children and women, we have to implement this," Ok
said.
(source: Daily Sabah)
EGYPT:
Ensure Fair Trial for 8 Men
see:
ttp://www.amnestyusa.org/get-involved/take-action-now/egypt-ensure-fair-trial-for-eight-men-ua-9116
(source: Amnesty International)
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