May 6
UGANDA:
Murder Cases Dominate Supreme Court Session
Murder cases have dominated the list of cases listed for criminal session
before the Supreme Court starting May 9.
According to the cause list dated April 28, the court deputy registrar has
listed 12 murder cases involving 17 people whose sentences were upheld by the
Court of Appeal.
Other cases listed include manslaughter, rape and defilement.
The cases
The murder cases include that of a UPDF soldier, Lt William Obote, who is
challenging a conviction and life imprisonment sentence for murdering his wife
Grace Katherine Acan, in 2005. Lt Obote was sentenced by the High Court in
Lira.
A one James Mulindwa is also challenging a life imprisonment sentence for the
murder of a friend in 2009. He was sentenced by the court in Mbarara.
In another appeal, 3 murder convicts Lawrence Okello, Dennis Mujuni and Alyenyo
Marks are challenging a death penalty while Henry Kazarwa is challenging a life
sentence for the murder of a bar owner in Mbarara District in 2009.
Also on the list is Lt Jonas Ainomugisha who is fighting a death sentence over
a 2001 murder of Tibarabihire John at Nyakahita village in Bushenyi District,
Gad Magezi who is challenging a life imprisonment sentence as well as Julius
Mumbere who was convicted in regard to the Kasese attacks in which many
civilians, police officers and Uganda People's Defence Forces soldiers were
killed.
Meanwhile, the court has directed prison authorities to produce the appellants
in court for hearing of their cases.
The Supreme Court is the highest judicial organ in the country and it is mainly
an appellate court.
(source: The Monitor)
JAMAICA:
Human rights groups come out against reviving hanging
2 human rights groups have come out against a proposal by Minister of National
Security, Robert Montague, to revive hanging in Jamaica.
In a joint statement, Stand Up for Jamaica and Jamaicans for Justice (JFJ) said
re-instituting the death penalty is not the answer for curbing the country's
crime problem.
Stand Up for Jamaica's Executive Director, Maria Carla Gullotta, has taken
issue with the national security minister's comments arguing that they could
have serious implications.
Gullotta contends that the state should protect and preserve life at all cost.
JFJ Chairman, Horace Levy, argues that there should be a moratorium on carrying
out the death penalty given the state of the justice system.
Levy stresses that the lobby group is strongly committed to the abolition of
the death penalty.
Both groups argue that capital punishment is not an effective deterrent to
crime and does not address the root causes of crime.
They say instead of reviving what they say is an inhumane and ineffective
practice, the Government should focus on fast tracking the critical reforms
needed in the justice and law enforcement systems.
(source: Jamaica Gleaner)
IRAN:
The Case of 100 Death Row Prisoners to be "Clarified" within 3 Months;
Authorities
It was announced to at least 100 death row prisoners, in prison of Urmia that
in the next 3 months their "case" will become clear. This rare action has
created a wave of concern among prisoners and their families.
According to the report of Human Rights Activists News Agency in Iran (HRANA),
recently, the authorities of Urmia Prison called at least a hundred prisoners
who have been sentenced to death on charges of "murder" and have served more
than 5 years, to the prison's Pray Hall (Hosseinieh) and took the address and
details of the plaintiffs.
An informed source in a conversation with HRANA, by announcing this news, also
said: "The authorities of Urmia prison called these prisoners in Husseinieh and
asked the address and details of their accusers. At least about 100 prisoners
were called."
The source said: "They were told that during the next three months their case
would become clear. The authorities said: 'We will say to plaintiffs to ask for
execution or we will release you on the bail. Because, the prison does not have
enough space.'"
It should be mentioned that, the unusual procedure of calling a large number of
death row prisoners caused a wave of concern among prisoners in Urmia prison
and their families.
(source: HRA News Agency)
PAKISTAN:
Abbottabad jirga members are deserving of death: Mufti Naeem
Prominent religious scholar Mufti Mohammad Naeem has called for death penalty
for all members of a jirga that is allegedly involved in ordering murder of a
woman in Abbottabad area, Samaa reported.
"It's highly deplorable that a lady is burnt alive on behest of a jirga only
because she helped in someone's love marriage ... This (the act of ordering
murder) is totally un-Islamic since our religion allows adult couple to marry.
Therefore, all members part of the jirga are 'wajib-ul-qatl' (deserving of
death), they should be murdered in Qisas (retribution)," he said while speaking
to Samaa.
A 17-year-old girl, Ambreen, was allegedly killed in Makol village of
Abbottabad on April 29 on orders of a local jirga for facilitating her friend
Saima's elope and love marriage.
Police said the jirga was headed by Pervez, a local government councilor who
has also been arrested.
Police said Ambreen was drugged, strangled and then her body set ablaze in a
Suzuki van.
Police have arrested 13 jirga members. The victim's parents was also arrested
because they supported the jirga decision. All the accused were due to appear
in a local anti-terrorism court today.
Saima ran away on April 23, locals said. Saima's father, who had been out of
town at that time, returned to the village on April 24, and started looking for
his daughter. He and some other locals alleged Ambreen's involvement in
facilitating Saima's marriage.
Ambreen was drugged till she fell unconscious and then, was strangulated to
death. She was then tied up to a seat inside a minivan and set ablaze.
Police moved the Ambreen's charred body to Ayub Medical Complex for an autopsy.
The girl was later identified as the daughter of Riasat, a labourer who works
in Balochistan's Gadani area.
An FIR has been registered against the jirga members in the case under Section
302 of Pakistan Penal Code and Section 7 of Anti-Terrorism Act.
1 of the first people to have alerted the authorities about the horrific case
was an Islamabad-based professional Abdullah Khan. On April 29, he had posted a
picture of what appeared to be a charred corpse inside a burnt Suzuki van and
had posted it on his Twitter feed.
He followed this story through that day and kept tagging journalists, which
helped bring the case to the notice of the authorities.
However, today Mr Khan tweeted that the police had also picked up his
brother-in-law and sister.
(source: samaa.tv)
BANGLADESH:
Bangladesh court rejects Islamist leader's final death sentence appeal ----
Motiur Rahman Nizami, leader of Jamaat-e-Islami party, could face hanging at
any time
Bangladesh's supreme court has rejected a final appeal by the leader of the top
Islamist party against a death sentence for atrocities committed during the
1971 war of independence, lawyers say, meaning he could be hanged at any time.
The supreme court in January upheld the death penalty for Motiur Rahman Nizami,
head of the Jamaat-e-Islami party, for genocide, rape and orchestrating the
massacre of top intellectuals during the 1971 war.
Nizami, 73, a former legislator and minister under Khaleda Zia when she was
prime minister, has been in jail since 2010, when he was charged with war
crimes by a tribunal set up by the current prime minister, Sheikh Hasina, that
year.
The war crimes tribunal has sparked violence and drawn criticism from
opposition politicians, including leaders of Jamaat-e-Islami, that it is
victimising Hasina's political opponents.
"All the legal battles are over," Nizami's lawyer, Khandaker Mahbub Hossain,
told reporters on Thursday. "Now it is up to him whether he will seek clemency
from the president or not."
Hundreds of people flooded the streets of the capital, Dhaka, to cheer the
verdict, but there has been no report of violence, although Jamaat called a
nationwide strike for Sunday in protest.
The verdict comes as the Muslim-majority nation suffers a surge in militant
violence in which atheist bloggers, academics, religious minorities and foreign
aid workers have been killed.
In the last month alone, 5 people, including a university teacher, 2 gay
activists and a Hindu have been hacked to death by suspected Islamist
militants.
The government has blamed the increase in Islamist violence on Jamaat-e-Islami,
but the group denies any link to the attacks.
4 opposition politicians, including 3 Jamaat-e-Islami leaders, have been
convicted by the war crimes tribunal and executed since late 2013.
About 3 million people were killed, official figures show, and thousands of
women were raped, during the 9-month war, in which some factions, including the
Jamaat-e-Islami, opposed the break from what was then called West Pakistan. But
the party denies that its leaders committed any atrocities.
(source: The Guardian)
******************
Clemency his last resort
After yesterday's verdict, top war criminal Motiur Rahman Nizami has no other
legal option left to save his neck.
The review petition of Nizami - kingpin of notorious al-Badr force that
collaborated with the Pakistani Army in 1971 - filed against his death sentence
was rejected yesterday by the top court after a hearing.
Nizami at this stage can only seek presidential mercy admitting his crimes of
instigating genocide, murder and rape in Dhaka and Pabna. But if he chooses not
to seek clemency or the application is turned down by the president, he can be
hanged any day upon the government decision.
The Appellate Division will now send its short order or the full verdict to the
jail authorities who would ask the convict about his wish.
The incumbent chief of Jamaat-e-Islami and former minister had been sentenced
to death by the International Crimes Tribunal for his involvement in the murder
of over 500 people and rape of 30-40 women during the Liberation War. The
Appellate Division of the Supreme Court also upheld his capital punishment.
As the chief of Islami Chhatra Sangha, then student wing of Jamaat, Nizami used
to instigate his fellows to annihilate the freedom fighters to protect Pakistan
and Islam.
Apart from holding the helm of death squad al-Badr, Nizami was also
instrumental in the formation and running of razakar force and Peace Committee
to collaborate with the Pakistani occupation forces.
While delivering speeches at different parts of the country during the war,
Nizami abused Islam by saying "Pakistan is the house of Allah," "Hindus are
always enemies of Muslims" and "Islam and Pakistan are one and indivisible."
"We hope that the full order will be released by the Supreme Court very
shortly. The jail authorities will receive it [via the war crimes tribunal] and
ask the convict about seeking the presidential mercy," said Attorney General
Mahbubey Alam.
The 1-word order "dismissed" came after the 4-member bench headed by Chief
Justice Surendra Kumar Sinha took their seats in the court around 11:30am
yesterday. The other members of the bench are Justice Nazmun Ara Sultana,
Justice Syed AB Mahmud Husain and Justice Hasan Foez Siddique.
The courtroom was jam-packed with lawyers, freedom fighters and journalists.
Special security measures were taken on and around the Supreme Court premises.
Following the order, Nizami's lawyer SM Shajahan told reporters that all the
legal battles are over. Now the client and his family members would decide
whether to seek mercy or not.
His party Jamaat announced to observe a daylong hartal on Sunday in protest
against the verdict.
Attorney General Mahbubey Alam said that the whole nation was relieved after
the verdict. "The verdict finally secured justice for the killings of
intellectuals. Nizami inspired al-Badr force and was responsible for the
massacre of the intellectuals," he said.
Youth platform Gonojagoron Moncho welcomed the judgement, saying the death
sentence brought to an end the "hopeless" situation created by the 'unnecessary
delay" in bringing the war criminals to justice. "I believe it is a huge
victory for the people who waited for a long time to see him punished,"
spokesperson Imran H Sarker said.
Meanwhile, freedom fighters and the leaders and activists of Pabna unit Awami
League and its affiliate bodies brought out victory processions in the town and
distributed sweetmeats. They demanded that the execution is carried out without
delay.
Superintendent of Police Alamgir Kabir said that the law enforcers were kept on
high alert in the district to thwart any attempt of subversive activities by
the Jamaat-Shibir men.
The Supreme Court released full verdict of the appeals case on March 15. The
tribunal issued the death warrant the following day. On March 29, Nizami moved
a review appeal against the Appellate Division order that upheld the tribunal's
death sentence on January 6.
Nizami is the 5th war criminal to carry a verdict for maximum punishment that
is at the final stage of execution. He is the second politician after his
deputy Ali Ahsan Muhammad Mujahid, another senior commander of al-Badr force,
to have served as a minister and going to be hanged for war-time atrocities.
The tribunal on October 29, 2014 found him guilty of 8 out of 16 charges and
gave him death sentence on four charges. The Supreme Court upheld his capital
punishment on 3 charges and acquitted him on the other.
In its verdict, the apex court said that nothing short of a death sentence
could be the apt punishment given the gravity of the horrific crimes the war
criminal had committed.
(source: Dhaka Tribune)
*************
see:
http://www.amnestyusa.org/get-involved/take-action-now/bangladesh-halt-the-execution-of-motiur-rahman-nizami-ua-6616
(source: Amnesty International
AFGHANISTAN:
Ghani should not sign execution orders of terror convicts: Amnesty
International
The Amnesty International has urged President Mohammad Ashraf Ghani not to sign
the execution orders of prisoners convicted of terror offences.
The appeal by Amnesty International comes as the Taliban group made a plea to
international organizations to intervene and stop the Afghan government to
implement death sentences.
In its latest release titled "Afghanistan: The death penalty is no solution to
terrorism" Amnesty International said 'Afghanistan's President Ashraf Ghani
should not sign execution orders."
"By hastily seeking retribution for the horrific bombings that killed over 64
people in Kabul last month, the government of Afghanistan's plans to execute
those convicted of terror offences will neither bring the victims the justice
they deserve, nor Afghanistan the security it needs," said Jameen Kaur, Amnesty
International's Deputy Director for South Asia.
"There is no evidence that the death penalty serves as a deterrent, and there
are fears that it will only serve to perpetuate a cycle of violence without
tackling any of the root causes."
"The death penalty is a cruel and irreversible punishment. In a context where
there are very serious questions about the fairness and transparency of the
legal process, the use of torture by security forces to extract confessions,
and the narrow window for appeal, there is a particular risk of mistakes being
made that cannot be corrected."
"Amnesty International opposes the death penalty in all cases without
exception, regardless of the nature or circumstances of the crime; guilt,
innocence or other characteristics of the individual; or the method used by the
state to carry out the execution."
This comes as a spokesman for the Presidential Palace said last week that a
list of militants convicted of terror offences has been forwarded to President
Ghani.
(source: Khaama Press)
INDIA:
Bombay HC invokes 'collective conscience of society' to confirm death penalty
to duo who kidnapped and murdered an 8 year old boy
When a person who is educated and aware of the ramifications of such crime
commits such a crime in a broad day light with a meticulous planning and
executes the same, in our view, it could aggravate the circumstance rather than
mitigate the same, the Bench said.
The Bombay High Court has confirmed Death Penalty awarded to duo who were
convicted for kidnapping and murdering an 8 year old boy. Division Bench
comprising of Justices B.R. Gavai and Swapna Joshi observed that the collective
conscience of the Society demands that a message be penetrated that such an
abhorrent act would not be tolerated by the Society and the persons indulging
in the heinous act must be dealt with sternly.
In the instant case, the accused who were employed by father of an eight year
old boy, in order to take revenge against him, kidnapped the boy and killed him
by smothering. Later they concealed his body beneath a bridge wherein normally
nobody goes. They even demanded ransom from father, even after killing the boy.
INVOKES COLLECTIVE CONSCIENCE OF SOCITY
The Court dismissing their appeal against conviction and confirming death
sentence awarded by the Trial Court said "Are these circumstances such where
the Society would expect us to take a lenient view. Would the Society expect of
us to show leniency in favour of the persons who had kidnapped the unsuspecting
innocent child and nibbed his life in the bud before permitting it to flower.
Would the Society expect the holders of judicial power centre to leave the
persons with normal life imprisonment, who tortured the minor child and the
entire family only in order to become rich overnight. It will not be out of
place to mention that, after the incident had occurred, conscience of the
Society in the entire region was shocked. There was an uproar in the entire
region and a sort of fear psychosis in the Society. The mothers were afraid of
sending their children to Schools. They were under an apprehension as to
whether their children having gone to School would return home alive or not.
The entire region witnessed agitations, processions and candle marches shocked
by the gruelling event. Does the collective conscience of the Society expect of
the judicial power centre to ignore all these aspects?"
GOOD ACADEMIC CAREER OF ACCUSED AN AGGRAVATING CIRCUMSTANCE
The court upon being highlighted about good academic career of the accused,
said that it would be an aggravating circumstance rather than being a
mitigating circumstance. The Bench said "We could understand such a crime being
committed by an illiterate person. But, when a person who is educated and aware
of the ramifications of such crime commits such a crime in a broad day light
with a meticulous planning and executes the same, in our view, it could
aggravate the circumstance rather than mitigate the same."
ABHORRENT ACTS WOULD NOT BE TOLERATED
Invoking 'collective conscience of society', the Court said that the instant
case would fall into 'rarest of rare category' and a message needs to be
penetrated that such an abhorrent act would not be tolerated by the Society and
the persons indulging in the such heinous act must be dealt with sternly.
(source: livelaw.in)
**************
Most on death row in India are 1st time offenders
A total of 241 persons out of the 385 death row inmates in India are 1st time
offenders, new findings contained in the "Death Penalty India Report" released
on Friday said. For the study, 373 of all the 385 death row inmates in India
were interviewed from July 2013 to January 2015 by the Center of Death Penalty
at National Law University, Delhi.
The study found that around 60 % of the prisoners did not complete secondary
education and nearly 75 % belong to economically vulnerable sections.
Education levels affect the extent to which the death row prisoners are able to
understand details of the case filed against them; lack of which results in
alienation from the system.
Education level
Further, 3/4 of the prisoners sentenced to death belong to backward classes and
religious minorities. While this finding does not imply direct discrimination,
it reflects structural concerns which disempowers the marginalised, as
explained below.
Prior criminal record
Pendency of legal proceedings greater than 5 years is considered a grave
violation of speedy justice by the Supreme Court. While the median duration of
trial for the death row prisoners was around 4 years, trials went beyond five
years for 127 prisoners. Though lengthy trials happen to be a concern in
general, it has more significance in the case of death penalty. The seriousness
of charge forces the families to hire a private lawyer than rely on poor
quality of free legal aid provided by the government. The report finds that
while the high fee of private lawyers - opted by more than 60 % of the
prisoners during trial and high court - deepens the economic vulnerability of
the already poor families, it doesn't ensure access to competent legal
representation. This makes it difficult for an accused to "navigate through the
various stages of the legal process without sufficient socio-economic and
political resources."
Trial duration varies with nature of the crime. Overall, 'murder simpliciter'
or accidental murder constituted most of the cases, followed by 'rape with
murder'.
The study found that median duration of trials and High Court proceedings in
cases involving sexual offences is the lowest as compared to other cases.
State-wise analysis also shows that trails were fastest in cases of sexual
offence.
According to researchers, in a legal system beset with structural delays, it
must be examined why the courts deliver faster decisions in cases of sexual
offence when so is not the case for other offences. "While there certainly must
be speedy trials, lopsided durations indicate a far deeper malaise", the report
said. Note that for Supreme Court proceedings - later stage of the legal
process - sexual offences cases have the longest median duration.
Social background
Access to legal representation is critical during interrogation and
investigation phases. The report states: "We heard numerous accounts of the
accused being tortured and forced to sign blank sheets of paper, followed by a
staged recovery of facts that go on to become critical to prove the guilt of
the accused during the trial." The study found that 185 of the 191 prisoners
who shared information didn't have a lawyer during interrogation. Most of them
claimed they had experienced custodial violence and were tortured in police
custody. Even at the time of being produced before a magistrate - where legal
representation has been recognised as a fundamental right by the Supreme Court
- 169 of 189 prisoners who shared information didn't have a lawyer.
Alienation experienced by prisoners through lack of awareness of proceedings
increased as cases rise in the appellate system. One of the prisoners, who was
interviewed, said, "Whenever I would enquire, the lawyer would refuse to
answer, telling me to mind my own business." Some were unable to meet or even
get to know their lawyers. "These factors significantly contribute to raising
serious concerns about the fair trial credentials of judicial proceedings in
capital cases," the report said.
Nature of crime
The researchers conclude that the realities of criminal justice system in India
are largely ignored and a misplaced confidence is constructed around it. While
the research doesn???t talk about abolition or retention of the death penalty,
it makes a case for the debate to move beyond nature of the crime and the
purpose of punishment to the structural concerns plaguing the criminal justice
system.
(source: The Hindu)
TAIWAN:
Minister slams Supreme Court----WILD CARD: Minister of Justice Luo Ying-shay
asked if convicted killer Tseng Chih-chung's ruling meant people with good
school grades can do anything they want
Minister of Justice Luo Ying-shay yesterday criticized a Supreme Court ruling
in which the judges cited the high grades convicted killer Tseng Chih-chung
received at school when commuting his death sentence to life in prison.
In Wednesday's ruling, the Supreme Court turned down an appeal by prosecutors
for Tseng to receive the death penalty and upheld a decision by the Taiwan High
Court's Hualien Branch in February to sentence him to life in prison, the same
sentence his girlfriend, Tsai Ching-ching, received.
The couple was convicted of the 2012 murder of Tsai's mother, Chen Yi, due to a
dispute over money, in which the couple killed Chen, put her body in a plastic
bag and dumped it into the sea off the coast of Hualien County.
In the 1st and 2nd rulings on the case, judges in lower courts handed Tseng the
death sentence on account of his contrived attitude in court and trying to
evade guilt by framing the victim's husband.
Prosecutors found that Tseng and Tsai planned to get married, but they did not
have jobs or any income, so they asked for financial assistance from Tsai's
mother.
The couple plotted the murder after Tsai's mother scolded them for not trying
to earn a living and rejected their request for NT$1 million, according to the
prosecutors who conducted the investigation.
After appeals were lodged by the defense team following the 1st and 2nd
rulings, the case was sent to the High Court for a retrial last year.
Wednesday's ruling concurred with the cited reasons of the High Court decision,
which stated that Tseng had performed well in high school and university with
good academic achievements and good behavior, and also earned merit citations
when serving his compulsory military service, and therefore "there remains the
likelihood of his rehabilitation."
The judges also cited the nation's adoption of the the International Covenant
on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights in 2009 as a reason for commuting the death penalty.
When asked about the judgement yesterday, Luo said: "It sounds a bit strange.
Does it mean that from now on people who perform well in school can do anything
they want? It seems to be the logic behind the ruling."
Luo said she was not at liberty to discuss legal cases under judicial
consideration, but added: "Is it justified after this ruling that society makes
its own judgement?"
(source: Taipei Times)
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