April 21
BANGLADESH:
Youth gets death penalty for friend's murder
A court on Thursday convicted and sentenced a young man to death for the 2011
murder of his friend in the Lalkhan Bazar area of the port city.
Jahed Mahmud, 26, a resident of Baghmoniram area of the city, is said to had
taken his friend Kafil Uddin, then a 2nd year student at the International
Islamic University, to a hill on the south side of Jamiatul Falah Mosque in
Lalkhan Bazar following dinner at a local restaurant on December 18, 2011.
There he later strangulated Kafil, before snatching his laptop and cash. Police
recovered Kafil's body from the hill on December 19. The same day, Kafil's
father Mohammad Rafiq filed a case with the Kotowali Model Police Station.
Jahed was put under arrest in connection with the murder same days later, and
the Police submitted the chargesheet accusing him on May 3, 2012.
After examining the records and 11 witnesses, Additional Session's Judge
Mohammad Shah-e Nur handed down the verdict.
(source: prothom-alo.com)
PAKISTAN:
Pakistan and the Death Penalty----Since lifting its moratorium on the death
penalty in 2014, Pakistan has become one of the world's leading executioners.
In its "Death Sentences and Executions Report 2015," Amnesty International
ranked Pakistan as the 3rd most prolific executioner in the world, right after
China and Iran. Taken together, Pakistan, Iran, and Saudi Arabia accounted for
almost 90 % of all recorded global executions (excluding China's figures, as
the number of executions is considered a state secret by Beijing). While
Amnesty's report only covered the year 2015, since 2014 Pakistan has hanged at
least 389 death row inmates.
After a brutal terrorist attack on schoolchildren in Peshawar, Pakistan lifted
a 6-year de facto moratorium on use of the death penalty - 1st for
terror-related cases and then, in March 2015, in all capital cases. In making
its decision, government seemed quite convinced that capital punishment was the
only effective way to deal with the scourge of terrorism. When the moratorium
was lifted, it was viewed in the broader context of Pakistan's fight against
terrorists and militancy.
But after following this policy for almost a year and a half now, a quick
glance at the data of executions carried out in Pakistan calls this narrative
into question. As per the Human Rights Commission of Pakistan (HRCP), 389 death
row convicts have been hanged through mid-April 2016. Out of these, 49 were
tried by the Anti-Terrorism Courts (ATCs) and 12 by the military courts. Based
on the HRCP data, only around 10 % of those executed in Pakistan were
associated with terrorism, while 73 % are ordinary murderers. The others were
convicted of murder after rape, murder after robbery, or murder after
kidnapping. The Pakistani government's assertion that the moratorium on death
penalty was lifted to tackle terrorism loses ground here.
Furthermore, Pakistan employs a broad definition of "terrorism." Subsection (b)
of Section 6(1) of the Anti-Terrorism Act 1997, as amended in 2013, spells out
terrorism as "the use or threat of action" intended "to coerce and intimidate
or overawe the Government or the public" or "create a sense of fear or
insecurity in society." Any murder can be deemed to "intimidate" the public and
"create a sense of fear" in the neighborhood. No wonder more than one in 10 of
all death row prisoners in Pakistan is tried as a "terrorist."
It's also a very unfortunate reality that juveniles and people with
disabilities were also among those executed in Pakistan. Several such
controversies have come to the fore during the trials of non-terrorism related
case in ATCs, which resulted in condemning juveniles to death. Shafqat Hussain,
for example, was allegedly sentenced to death when he was 14 years old; he was
hanged in August 2015. Likewise, Aftab Bahadur was hanged in June 2015 despite
pleas from international human rights groups that he was a juvenile when
convicted of murder. Amnesty International reports that 5 men who were
juveniles at the time of their crimes were among those executed by Pakistan in
2015.
Meanwhile, a paraplegic death row prisoner received a last-minute stay of
execution in November 2015 to the relief of many human rights activists in the
country. However, the news that the officials were simply uncertain of how to
hang a man incapable of standing up unsupported was both sickening and painful.
There are also questions about the fairness of the judicial process. There have
been cases where the court-appointed lawyer does not ever meet the suspect
outside of court, present evidence in his defense, or properly challenge
witness statements. Poorer families cannot hire afford to private lawyers and
very often lose the battle of life against poverty.
Despite these issues, there seems to be strong public support for the death
penalty. According to a Gilani Research Foundation Survey carried out by Gallup
Pakistan in February 2016, 92 % of Pakistanis said they support "the rule of
hanging terrorists." Out of those who were in favor, 64 % said that they
support it "a lot" while 28 % said they support it "to some extent." However,
the specific question that this survey asked was whether people were for or
against the hanging of terrorists. As we've seen, the vast majority of
executions have little to do with terrorism, at least as the public would
conceive of it.
There's more at stake here than morality. Pakistan was granted Generalized
System of Preferences-Plus (GSP+) status by the EU in 2013, while its
moratorium on executions was still in place. That status, which provides
duty-free access to the EU market, has provided huge economic benefits -
according to The News, "Pakistan's exports to EU rose by 21 % in the 1st year
of the scheme alone." Yet EU officials have warned that human rights issues -
including use of the death penalty - could see Pakistan's GSP+ status
suspended. Pakistan survived the 1st EU compliance report, but there will be a
reassessment in 2017. If the Pakistani government wants to avail itself of GSP+
benefits beyond 2017, it must take seriously the implementation of UN
conventions on human rights.
With Pakistan's Universal Periodic Review (UPR) due in 2017 too, it would be a
wise decision to start putting Pakistan's house in order now. The death penalty
is sure to feature as a main issue in the review process, as are the hangings
of alleged juvenile convicts. Pakistan has ratified the International
Convention on Civil and Political Rights (ICCPR) and the Convention on the
Rights of the Child and has, hence, committed not to impose the death penalty
on anyone who was a juvenile at the time of the crime.
It is vitally important that Pakistan start respecting these commitments and
rethinking its policies now rather than later making apologetic defenses of its
position. Pakistan has indeed gone too far in its policy of executions, and it
is time it starts doing more (or perhaps less) on the issue.
(source: Madiha Batool is a professional working as an Adviser on Political and
Economic Affairs in a diplomatic mission in Pakistan. She studied International
Human Rights Law at King's College, London and International Relations at
Quaid-e-Azam University, Islamabad----The Diplomat)
UGANDA:
Ruling Date Set for Kampala Bombs Case
After close to 6 years of trial, the High Court in Kampala yesterday set May 18
to deliver the judgment on the case of 13 men suspected to have carried out
twin terror strikes in Kampala, which killed at least 76 people who were
watching World Cup finals on July 11, 2010.
The victims were watching the World Cup football final between Spain and the
Netherlands live on television at Kyadondo Rugby Club in Lugogo and Ethiopian
Village Restaurant in Kabalagala, all in Kampala.
The High Court set the judgment date following the conclusion of the hearing of
the case which started in March last year. Yesterday the 2 court assessors
advised presiding judge Owiny-Dollo to convict the suspects for the offences of
terrorism.
The 2 assessors, Ms Juliet Kasendwa and Mr Robert Lubega Sebunya, gave their
layman's opinion on the case. On the charge of murder, both assessors advised
the court to convict all the accused before calling for a similar conviction
for the charge of attempted murder against them all.
Mr Lubega, who was the first assessor to give his opinion to court, advised
Justice Owiny-Dollo to convict the 12 suspects on 3 counts of terrorism, saying
the prosecution had proved the case against them beyond reasonable doubt.
"Prosecution witness number one Muhamood Mugisha told court during the trial
that he had joined the al-Qaeda-associated al-Shaabab militant group in Somalia
where he trained with some of the accused in the case. This coupled with
evidence of prosecution witness number 2 Mr Idris Nsubuga, who told court of
how he participated in the detonating of 1 of the bombs at Kyadondo Rugby Club
plus the corroborating evidence of other witnesses like police, I am satisfied
that Accused 1 to Accused 12 participated in the Kampala bombing.." Mr Lubega
said. " I therefore advise this honourable court to find each accused guilty as
charged," he added.
Judgment day
At the tail end of the court session yesterday, Justice Owiny-Dollo asked both
the prosecution and the defence teams to show up early in court on the judgment
day as he begins reading his verdict at 9am. He cited the voluminous judgment
that he is writing which he said he would not want the reading to spill over to
the following day.
"Judgment in this case will be delivered on May 18, this year at 9 O'clock,"
Justice Owiny-Dollo announced.
The case involves 13 bomb suspects who are accused of carrying out the twin
terror bombings of football fans watching the 2010 World cup football final
between the Netherlands and Spain in Kampala.
At least 76 people were killed and dozens of others injured with varying
severity. The suspects have been on trial on charges of terrorism, murder,
attempted murder and being accessories to terrorism.
On Monday this week, justice Owiny-Dollo said he will strike out the remaining
charge against some of the suspects belonging to a terrorism group al-Shaabab.
They are liable to the maximum penalty of death if they are convicted of
terrorism and murder.
The suspects
The suspects are: Omar Awadh Omar, Muhammed Hamid Suleiman, Hussein Hassan Agad
alias Hussein Agade, Idris Magondu alias Christopher Magondu, Yahya Suleiman
Mbuthia, Habib Suleiman Njoroge, Suleiman Hajjir Nyamandondo, Muhammed Ali
Muhamed, Isa Ahamed Luyima, Hassan Haruna Luyima, Batematyo Abubakari, Dr
Ismail Kalule and Muzafaru Luyima.
(source: The Monitor)
NIGERIA:
Kaduna govt seeks death penalty for 50 Shiite members
After secretly burying 347 Shiite members killed by Nigerian soldiers last
December, the Kaduna State Government on Thursday asked its High Court to
sentence another 50 Shiite members to death for allegedly causing the death of
a soldier.
The government had filed a 5-count charge against the accused before Justice
David Wyom.
It accused them of criminal conspiracy, unlawful assembly, culpable homicide,
disturbance of public peace and wrongful restrain.
In the petition, Counsel to the government, Mr Bayero Diri said that the
offences are punishable under Sections 97, 221, 102, 106 and 225 of the Penal
Code Law, Laws of Kaduna State 1991.
The government said that the offence was committed between December 12 and 14,
2015 in Zaria.
It alleged that the suspects among other things shot dead one Cpl. Yakubu
Dankaduna of the Nigerian Army "with a gun when he alighted from the convoy to
disperse the IMN members." Section 102 of the penal code prescribes death
sentence for such offence.
The prosecution told the court that they intend to present 39 witnesses.
The plea of the accused persons was not taken as the Judge adjourned sitting
till May 16.
The 50 suspects were among the 265 persons currently in custody, who were
arrested during the Shiites clash with the Army on Dec. 12 and Dec. 14, 2015.
(source: thenewsnigeria.com)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
