May 9
IRAN----execution
1 Prisoner Hanged Publicly In Western Iran
1 prisoner was hanged publicly in the "Azadi" (Liberty) Square of Kermanshah,
western Iran. The public execution was carried out in front of hundreds of
people Sunday morning May 8.
According to the Iranian state-run news agencies Fars and YJC the prisoner who
was identified as "Fardin R." was convicted of Moharebeh (waging war against
God), through participation in an armed robbery. few people had been injured
under the robbery but no one had been killed, said the report.
The Azadi (Liberty) Square of Kermanshah has been the site of several public
executions in the past.
(source: Iran Human Rights)
IRELAND:
On this date in history: 1916: British execute insurgents involved in Dublin
rising - archive; 9 May 1916: The work of rounding up the rebels proceeds
vigorously. In county Wexford already 300 are in custody
23 more death sentences after trials by court-martial were announced in last
night's official report issued from Headquarters in Ireland. Of these 4 have
been carried out - the men who have been shot (says the announcement) were very
prominent in the rising - and 19 commuted to various terms of penal servitude.
Edmund Kent, a member of the "Provisional Government," is 1 of the 4 rebels who
suffered the death penalty. Altogether 12 men have been executed and 66 persons
sentenced to various terms of penal servitude.
The work of "rounding up" the rebels proceeds vigorously. In county Wexford
already 300 rebels are in custody, including 6 women, and in Galway exhausted
and dejected prisoners are being brought in.
In Ulster, as elsewhere, many persons connected with the Sinn Fein movement are
also being arrested; 1/4 of the membership in Belfast are said to be custody.
For the punishment of looters a special court has been set up in Dublin.
Editorial: The Dublin executions
The Dublin military executions are becoming an atrocity - 4 more men were shot
yesterday - and there is no sign that they are about to stop. Mr. REDMOND
raised a protest in the House of Commons yesterday, but apparently quite in
vain. Mr. ASQUITH refused to give any pledge that a term should be placed to
these proceedings, and, so far as appears, they may continue as long as seems
good, to the military authorities in Dublin. What ground is there for these
severities, and what purpose are they expected to serve? A dozen men have now
been executed, and we do not know how many more condemned to long terms of
penal servitude.
We can understand that it may have been desired in the first instance that
swift punishment should be seen to follow the offence and that an example
should thus be set and a stern warning given. But this purpose has long since
been served, and the effect of further severity inflicted by tribunals setting
in secret and without any of the ordinary safeguards of justice can only be to
cause a revulsion of feeling in favour of the criminal and to convert traitors
into heroes.
The thing is not only wrong, it is pre-eminently foolish. It neither is, nor
will it be, mistaken for a proof of strength. It is, on the contrary, a sure
sign of weakness.
Nothing is easier than to shirk responsibility and leave the courts-martial to
follow their own devices. But to do this is merely to show, in the punishment
of the rising, the same shortsightedness and incapacity which are largely
responsible for the failure to anticipate and provide against it. Persistence
in these bloody punishments is, we are certain, condemned by instructed Irish
opinion in all parties.
An Act of Indemnity, if one is necessary in view of the Defence of the Realm
Acts and Regulations, will in due course be passed by Parliament for the
military agents in the Government. The Government itself may find it less easy
to obtain one in the court of public opinion and of history.
(source: The Guardian)
JAMAICA:
Disappearing death row
The 1st dwindling of the death row population began in 1992 when the Offences
Against the Person Act was amended.
The amendment paved the way for 2 categories of murder: capital and
non-capital. Capital murder attracted the mandatory death penalty, while for
non-capital, the sentence was life imprisonment, but the judge must state how
many years the prisoner must serve before he could be eligible for parole. The
amendment applied retroactively and resulted in the commutation of sentences of
life imprisonment for a large number of convicts.
Parliament was compelled to amend the act in 2005 following the outcome of the
Privy Council's landmark ruling in 2004 in the Jamaican case of Lambert Watson,
who had challenged the mandatory death sentence. The Privy Council struck down
the mandatory death sentence and ruled that it was unconstitutional.
Sentencing in murder cases is now left solely to the discretion of judges, but
there are relatively few cases in which the death penalty is imposed. In 1999,
Watson was sentenced to death for the murder of his common-law wife, Eugenie
Samuels, and their nine-month-old daughter, Georgina Watson.
It was reported that they were fatally stabbed as a result of a maintenance
case brought against Watson.
BEFORE THE AMENDMENT
Following Watson's victory, his death sentence was commuted.
Before the amendment, the death penalty was mandatory for more than one murder
conviction, the murders of members of the security forces, correctional
officers, justices of the peace and judicial officers during the execution of
their duties, as well as witnesses and jurors, contract killings, and murder
committed during the furtherance of certain offences.
Director of Public Prosecutions Paula Llewellyn disclosed that 95 % of the
murder cases now before the court are non-capital, which does not attract the
death penalty.
A 7-member jury now hears such cases and unanimous or majority verdicts are
accepted.
Llewellyn said the other 5 % are classified as capital murders, but she said
that since the formula in the Daniel Dick Trimmingham Case, even when the Crown
asks for the death penalty, it is very rare that judges will accede to it.
"The threshold that one has to reach based on the Trimmingham formula and
adopted by the Court of Appeal, has rendered it unattainable for the
pronouncement of the death penalty," Llewellyn said.
However, she said prosecutors will still ask for the death penalty in
appropriate cases as the law was still on the books.
(source: Jamaica GLeaner)
MALAYSIA----female may face death penalty
Drug Trial Date Set For Fijian Woman Detained In Malaysia
A trial date has been set for a Fijian in a Malaysian prison facing serious
drug charges.
Christin Nirmal, 27, will appear on November 1-4 after being detained on
February 15 last year.
She was caught with about 1.51 kilograms of methamphetamine at the Kuala Lumpur
Airport while she was travelling from Hong Kong.
She is being held under Section 39 (B) of Malaysian Dangerous Drugs Act of
1952.
Carrying more than 50 grams of methamphetamines, also known as ice, can warrant
the death penalty in Malaysia, which like its neighbours Indonesia, has strict
anti-drug trafficking laws.
A Government brief providing an update on Nirmal, a mother of 3, stated that a
trial date has been set for November 1 to 4
Nirmal is currently being represented by Rashid Zulkifli Adocates & Solicitors
and Death Penalty Project Lawyers. The legal charge is pro bono.
Her case was last heard at the Shah Alam High Court on 25 March 2016. Her
lawyers requested to write a Letter of Representation to the Prosecution to
either withdraw or reduce the charge against Nirmal. The next case management
date is set for May 27.
She is currently being held in remand at Kajang Women's Prison in Malaysia.
She was detained on 25 January 2015 for charges of drug trafficking. If
convicted by the High Court of Malaysia, Nirmal could face the possibility of a
death sentence.
Fijian High Commission in Malaysia continues to provide Nirmal with the
necessary support and assistance through regular visits to the prison,
attending court hearings, and arranging dietary meals.
The High Commission has also been following up on issues raised by Nirmal,
providing personal amenities and assisting in obtaining legal representation.
It has opened up a Prison Account for Nirmal which is replenished with RM500
(Fijian$250) during monthly visits. RM stands for Malayasia currency Ringgit.
Out of the RM500, RM450 is paid for her special meal plan as she suffered
digestive problems with the normal prison food.
The Fijian diaspora through their church service also contribute RM100
(Fijian$52) to the Mission's monthly prison visit. This enables Nirmal to
attend to her other basic needs.
According to the brief, Nirmal raised a few issues regarding her treatment at
the prison. These included: deteriorating health condition, discrimination
against foreign prisoners, verbal and physical abuse, language barrier, and
unhygienic food and water supply.
The High Commission communicated the issues raised to the Ministry of Foreign
Affairs of Malaysia who then referred these to the prison authorities. The
Prison Department provided an explanation and assured their support.
(source: Fiji Sun)
SINGAPORE:
Group appeals for death row inmate to be given 3 more months
A petition urging for clemency for Jabing Kho, a murder convict on Singapore's
death row, could buy the Sarawakian 3 more months.
An initiative called We Believe in Second Chances is putting together a last
bid move, getting as many people as possible to sign a petition, which will be
submitted to the Singapore President Tony Tan.
"Usually from the day the petition is submitted, there is around three months
before the President's decision is announced," said Kirsteen Han, a founding
member of the group, which is also working with the Singapore Anti-Death
Penalty Campaign.
Han, who held a press conference with Jabing's family members last Sunday,
urged for more support from Sarawakian politicians.
Jabing's sister, Jumai Kho, said: "We understand the hanging can be anytime. We
wish to have the Chief Minister Tan Sri Adenan Satem's help. Help us appeal to
Singapore. Ask for a lesser penalty. Don't have him hanged."
Their mother Lenduk also spoke with reporters, saying "I'm truly sorry for his
actions. I only have 1 son. I'm asking for help not to have him hanged. It's
(a) heavy (burden). I feel it," she said.
Leonard Shim, president of the Sarawak Advocates' Association, lent his
support. He said no one was questioning Singapore's legal system, however,
"everyone deserves a 2nd chance".
"We believe in 2nd chances. Our agenda here today is also to call for an
abolishment of the death penalty in Malaysia, particularly on drug related
offences," Shim said.
Jabing was convicted in May, 2011, for causing the death of a Chinese citizen,
Cao Ruyin, in 2007.
In 2012, the Singapore Parliament amended the Penal Code to give judges the
discretion to sentence offenders convicted under s 300(c) to life imprisonment
with caning.
This change was applied retrospectively and Kho was afforded an opportunity to
have his death sentence reconsidered.
On November 18, 2013, Justice Tay Yong Kwang re-sentenced Kho to life
imprisonment and 24 strokes of the cane.
But on January 14, 2015, the Court of Appeal, by a majority decision (with 2
out of the 5 judges dissenting) overturned Justice Tay's decision and sentenced
Kho to death.
On April 5 this year, the Court of Appeal upheld Kho's death sentence, lifting
the stay of execution that they had issued in November 2015, after Kho's lawyer
filed a criminal motion at the 11th hour.
Jabing has now exhausted all legal avenues, leaving clemency as the only
option. His defence has always insisted that Jabing did not possess the
intention to kill, nor was the murder premeditated.
(source: The Star)
BANGLADESH:
Supreme Court releases full verdict that dismisses Nizami's review plea
The Appellate Division has released its full verdict that dismisses war
criminal Motiur Rahman Nizami's review to overturn his death penalty.
The document will now be sent to Dhaka Central Jail, where the death-row
convict is presently lodged, through the war crimes tribunal.
The jail authorities will then read it out to Nizami and ask him if he will
seek mercy from Bangladesh's president after admitting his guilt.
The verdict was released around 3pm Monday after the judges signed on the
document, said the Appellate Division's Additional Registrar Arunav
Chakraborty.
"We will now send it to the judicial court, the International Crimes Tribunal."
Nizami was sentenced to death by the International Crimes Tribunal on Oct 29,
2014 for atrocities committed as commander of Al-Badr, a vigilante militia that
assisted the Pakistan army during Bangladesh's Liberation War.
An Appellate bench, headed by Chief Justice SK Sinha, on Jan 6 upheld the
maximum penalty for the Jamaat-e-Islami chief, after an appeal hearing.
His death warrant was issued by the war crimes tribunal after the Supreme Court
published the full copy of its verdict on March 16.
The same bench dismissed his review petition on May 5.
Nizami was brought to the Dhaka Central Jail from Gazipur's Kashimpur Jail on
Sunday night.
The resolution of Nizami's review petition ended the legal battle against his
conviction and death penalty. He reserves the right to seek mercy as stated in
Section 49 of the Constitution.
The government will ask the jail authorities to carry out the execution if he
does not use the option or is denied mercy by the president.
The members of Nizami's family visited him in prison after the review petition
was turned down.
They, however, said nothing about the possibility of the 73-year-old seeking
mercy.
Abdul Quader Molla, who came to be known as the 'Butcher of Mirpur' for rapes
and murders during the Liberation War, was the 1st to be executed after being
condemned by the first tribunal, set up in 2010.
The Jamaat assistant secretary general was hanged in the Dhaka Central Jail on
Dec 12, 2013.
Md Kamaruzzaman, another assistant secretary general of the party that has been
dubbed as a 'criminal organisation' by the tribunal, was the 2nd to be hanged,
on Apr 11, 2015, for crimes against humanity.
The review petitions of both men had been heard and dismissed within a day.
The government, before going ahead with their execution, said they had not
sought presidential mercy.
Jamaat Secretary General Ali Ahsan Mohammad Mujahid and BNP leader Salauddin
Quader Chowdhury were sent to the gallows together on Nov 21, 2015 after being
denied mercy by the president, the government had said.
The Appellate Division is due to hear review petitions filed by both the
prosecution and defence for the case of another top Jamaat leader, Delwar
Hossain Sayedee, whose sentence was reduced from death to imprisonment until
death following an appeal.
**********
5 get death in Habiganj over teenage boy's murder
A Habiganj court has sentenced 5 men to death for the murder of 13-year-old boy
in 1994.
The boy, Ziaul Haque, was killed in Baniachong Upazila over a land dispute his
parents had with the convicts.
The court of Habiganj's Additional District and Sessions Judge Mafroza Parvin
delivered the verdict on Monday.
It awarded the death penalty to Ali Haider, 50, Abdul Ahad, 46, Renu Mia, 45,
Habib Mia, 52 and Ranju Mia, 45. Of them, Ranju is absconding.
Additional Public Prosecutor Abdul Ahad Faruk said that the teenager was
murdered on May 13, 1994. Police recovered the body the next day.
Charges were pressed against 6 people over the killing, but 1 of them died
during the trial.
(source for both: benews24.com)
TAIWAN:
Cannes Festival entry focuses on Taiwan death penalty debate
A prize-winning Taiwanese film exploring the use of the death penalty will
screen at the Cannes Film Festival later this month, adding to recent increased
debate about the island's use of capital punishment.
Leon Lee's 23-minute film titled "The Day To Choose" puts its main character, a
lawyer and strong opponent of the death penalty, in the difficult position of
choosing how to punish the murderers of his wife.
Taiwan retains the death penalty despite calls to abolish it in line with
international practice, but some have argued it is necessary in extreme cases
such as the beheading of a 4-year-old girl on a Taipei street in March.
Lee, a student in the German language department at Soochow University,
developed the film with his producer Cheng Kuang-yu, based on a script that
Cheng had long wanted to realize.
"What I really want to discuss in this short film is not only the issue of
capital punishment, but how much a human will stick to (his or her ideals) when
faced with adversity," Lee told Reuters on the set of the film.
The picture will screen in the short film corner at the prestigious annual
Cannes festival in France on May 11-22 and has already won "Best Drama Short
Film" at the 2016 Universe Multicultural Film Festival in California last
month.
(source: Reuters)
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