July 15
RUSSIA:
Politician demands terrorists get death penalty in the wake of Nice attack
Leader of the Just Russia political party Sergey Mironov has reiterated the
need to impose capital punishment on terrorists and their accomplices in the
wake of the truck rampage in Nice.
"Amid the growing worldwide terrorist threat facing civilization, now more than
ever the death penalty must be meted out to those who carry out acts of terror
and their accomplices," he said in a statement posted on the party's Telegram
account. "However, it is more important to pool together the efforts of the
international community to survive and emerge victorious in this ruthless war."
Mironov offered his condolences to the victims' families.
Last November, Mironov forwarded a bill on the death penalty for terrorists to
the government and Russia's Supreme Court. He suggested amending Article 205 of
the Russian Criminal Code with regard to imposing the death penalty as a
distinct punishment for committing, preparing, and aiding and abetting the
organization of terrorist attacks. However, the Cabinet and the Supreme Court
rejected the bill.
At the moment of Thursday evening's attack, thousands were strolling along
Nice's Promenade des Anglais, leaving a festive firework display commemorating
Bastille Day, when a truck rammed into the crowd at full speed.
According to the latest reports, 84 people have been killed, while several
dozen sustained injuries. The Russian Foreign Ministry said a Russian woman was
killed in the attack, and another Russian woman was wounded.
(source: tass.ru)
THE MALDIVES:
Gangs, extremists: Maldives' secrets come out as 1st person is put on death row
in 60 years
"I believe in the capital punishment," said Mohamed Kinanath Ahmed. It's a
startling admission from a man whose brother has been sentenced to death for
the murder of a parliamentarian. If the penalty is carried out, 22-year-old
Hussain Humam Ahmed will become the 1st person in the Maldives to be executed
in more than 60 years.
Ever since the Supreme Court ruled against him in June, several members of the
local media and civil society in the country, along with international
organisations like the United Nations, European Union and Amnesty
International, have been lobbying for suspension of the sentence. In part,
theirs is a principled opposition. The death penalty, they say, fails to serve
as a deterrent for criminals.
In 2014, the government overturned a 6-decade moratorium on death penalty and
passed a new regulation on it.
But death for murder is specified in shariah (Islamic law), notes Kinanath, and
is just as valid as cutting off someone's hands for thievery - the ruling
against theft in Islamic law. "At the same time, the law adds that for the
sentence to hold, guilt has to be proven without doubt," he said. "In case of
this murder, Humam was perfect to be framed. They used to show our pictures on
the TV. They called us 'the most dangerous persons in Male'".
Dark side of the tropical country
The tale of the 2 brothers touches upon a little-known aspect of Maldivian
capital: its criminal gangs, fuelled and financed by religious extremists and
political interests.
In the years that the country built itself as a haven for sun-starved tourists,
residents of the capital city of Male and nearly 200 other inhabited islands
were ignored. Citizens were also warned against the corrupting influence of the
West by the ruling elite - a class that now earned in the American dollar.
Humam and Kinanath grew up in a slum hidden behind the rows of glittering
buildings that line the seafront. The family of 6 shared a single room, and
often quarrelled with their step-grandmother, who lived next door.
When not in school, the brothers spent their time on the beaches and streets,
hungry for solace, money and power. Kinanath dropped out of school in his
mid-teens and formed a gang with his friends. They drank alcohol, sold drugs
and settled rivalries with other gangs using machetes. Before long, he was
tapped by politicians who recognised his potential as a mercenary. "They made
it difficult for us to get out of it," Kinanath said."They would give us money,
supply us with drugs, bail us out if we go to jail ... If they do something for
you, you were expected to do something for them."
At his home, Kinanath showed me all of Humam's mark sheets since kindergarten.
"Humam was far better at studies than I was," said Kinanath. The younger
sibling had indeed performed well in most subjects, be it languages or Islamic
studies. As he entered his teens, a rival gang, seeking to settle scores with
Kinanath, assaulted Humam and left him with a bloody face. Until then, Humam
had only witnessed gang culture from the fringes. This would leave a lasting
impact.
His teachers noticed that there was something amiss. At the end of Class 8, one
of them wrote in his quarterly report, "Humam is a student capable of achieving
far better results. [He should] try to bring a change to his studies, behaviour
and lifestyle." The advice lay unheeded. Like his elder brother, Humam too
dropped out of school and formed his own gang.
The rise and fall of democracy
As the notoriety of the brothers grew, Maldives transitioned from a 1-party
regime led by Maumoom Abdul Gayoom, the longest-serving dictator in Asia who
had been in power since 1978 to a democracy in 2008. The turn of the decade saw
a rise in Islamic fundamentalism in the country. The elected President Mohamed
Nasheed from Maldivian Democratic Party was even accused of trying to destroy
the Islamic faith in the country.
By February 2012, Nasheed resigned under controversial circumstances and was
succeeded by Mohammed Waheed Hassan of the National Unity Party.
That same year, Kinanath checked himself into a rehabilitation centre at a
neighbouring island. On the completion of his treatment, he decided to stay
back, afraid of relapsing on his return to Male. On October 2, 2012, he
received a phone call from his father, telling him that Humam had been arrested
for murdering Dr Afrasheem Ali, a Member of Parliament from Gayoom's
Progressive Party of Maldives.
But Humam was sleeping at the time of the murder, his father said, so there was
nothing to worry about. A few days later, the police declared that Humam had
confessed to the murder - a confession he later retracted, saying he had been
coerced. The police also arrested 5 others for the murder, at least 3 of them
from the Maldivian Democratic Party.
Afrasheem's assassination turned into a melting pot of conspiracy theories. The
police said the murder was political in nature. Humam was allegedly promised an
equivalent of Rs. 1.6 crore by members aligned to the Maldivian Democratic
Party. On its part, the Maldivian Democratic Party alleged that it was a plot
to malign its image. Fingers were also pointed at Gayoom's half-brother,
Abdulla Yameen, who sought a ticket for the Presidential elections in 2013.
Afrasheem was rumoured to be a threat to his candidature.
This claim was bolstered when Umar Naseer, who led a bitter fight with Yameen
in the party primaries, said he had seen one of the suspects in Yameen's
office. His rival, added Naseer, also had links to criminal gangs.
Over time, every one of those arrested - except for Humam - was released for
lack of evidence. Yameen was elected president in 2013 and continues in that
post till this day. He appointed his former rival Naseer as the home minister.
On being asked about the president's links to the murder, Naseer dismissed his
own claims as "political rhetoric". In 2014, fulfilling a promise he made in
the run up to the elections, Yameen lifted the moratorium on death penalty.
Naseer helped draft the law.
Allowing death penalty
The assassination of Afrasheem was the 1st murder case to reach the Supreme
Court. Although the police could never establish who the masterminds were, the
Supreme Court upheld a lower court's conviction of Humam on June 24. The next
week, the government amended the law to include death by hanging in a provision
that had allowed only lethal injections. On July 6, Foreign Minister Dunya
Maumoon resigned, citing differences over death penalty.
Towards the end of June, Home Minister Naseer, a vocal supporter of the death
penalty, resigned from the cabinet and declared that he will be contesting for
Presidency in 2018. When I interviewed him a week later, he reiterated the
claims that the murder had links to the Maldivian Democratic Party. Even though
he couldn't establish it in the criminal court, "the information was enough to
satisfy the investigators".
Naseer admitted that he still doesn't know the motive behind the murder. "But
after being the home minister, I can confirm that there is no link of Yameen to
the Afrasheem case," he said.
Afrasheem's family, however, doesn't seem to share his certainty. In a letter
to the Supreme Court, the family cited an incomplete investigation to request
that the death penalty to Humam be delayed. It was a breakthrough for Humam.
According to the shariah, a sentence can be commuted to life imprisonment if
the family of the victim exempts the culprit from the death penalty. This
process, known as Qisas, is yet to formally take place.
Unfazed by the increasing criticism across the world, the Supreme Court, in the
last week of June, upheld a second death sentence, for a 32-year-old man
convicted of killing a lawyer. Even as Humam's case is being debated, this
opened up another avenue for the president to realise his pledge for the
implementation of death penalty.
President Yameen justified his stance in the annual address on Eid. "Such
efforts are among the things we are doing to bring the youth on the right
path," he added.
Mushfique Mohamed, a human rights lawyer in Male, sees the government's
eagerness in implementing the penalty as the president exploiting the rise of
the Salafist movement, a set of ultra-conservative doctrines shared by Saudi
Arabia. In the recent years, Maldives has established ties with the Saudi
government to attract investment and maintain "religious unity".
"This is a clear case of the government and judiciary working together," said
Mohamed. "Maldives is closer to Saudi Arabia than ever before. This has
coincided with the rise of extremism. The policy to resume the implementation
of death sentences is only a sign of our times."
Kinanath realises the political forces that his brother's case has been swept
up in. However, he has a simpler explanation. The president, he says, wants to
spread fear.
"But I will keep going. I have nothing else to live for."
(source: scroll.in)
INDONESIA:
Attorney General Should Not Hesitate on Executions: Lawmaker
House of Representatives Commission III member Ruhut Sitompul said all state
institutions partnering with the commission, which oversees legal affairs, have
made the maximum effort to enforce the law, despite some having failed to
prosecute suspects or fulfill their legal mandates.
He said one example is the performance of the Attorney General's Office (AGO)
under the leadership of H.M. Prasetyo, who has hesitated to order the execution
of death-row inmates convicted for drug offences.
"I call on the attorney general, in regard to drug crime, that if there has
been a legal review, there is no need for another. One review, then execute,"
Ruhut said in Jakarta on Thursday (14/07).
He reminded the attorney general that legal reviews should not be used to block
executions, as the death penalty is still considered legal punishment in
Indonesia.
The Democratic Party lawmaker also criticized the AGO's losses in pretrial
motions, specifically with regard to those cases that have been in the public
spotlight.
"I think Mr. Prasetyo has also worked hard, but when it comes to pretrial
motions, as I have always said, [prosecutors] should present two forms of
strong evidence when declaring someone a suspect. If they don't [have any
evidence], don't [declare someone a suspect]," Ruhut said.
He said President Joko "Jokowi" Widodo should assess law enforcement efforts,
based on the fact that every state institution should abide by his decisions.
(source: Jakarta Globe)
JORDAN:
Baqaa terror attack suspects enter 'not guilty' plea
2 men indicted in a terrorist attack that claimed the lives of security
personnel at the General Intelligence Department (GID) office near the
Palestinian refugee camp of Baqaa on Thursday pleaded "not guilty" to charges
in the 1st hearing of the case.
The attack on the GID office took place on June 6 and left 5 personnel dead,
including three officers who guarded the office. The main defendant has been
indicted for committing an act of terror and murder, while the other is an
alleged accessory accused of selling weapons to the former, aware in advance of
his alleged intentions.
The State Security Court (SSC) adjourned the trial of the 2 to the middle of
next week to give the defence lawyers time to prepare their statements,
according to SSC Prosecutor General Brig. Gen. Ziad Odwan.
According to the charge sheet, the 1st defendant is indicted of committing
terrorist acts that led to the death of human beings, and committing terrorist
acts using automatic weapons, while the other suspect is charged of selling
weapons for illegal use, Odwan added.
The head of the court panel verified the presence and identities of the
defendants and recited the bill of indictment.
The panel also listened to the testimonies of 12 prosecution witnesses, and
appointed a lawyer to the primary defendant who, if convicted, faces a death
penalty.
(source: The Jordan Times)
INDIA:
Rape-murder of 4-yr-old: SC to hear plea of death-row convict
Supreme Court today agreed to examine the plea of a death row convict, whose
conviction has been upheld by it for raping a 4-year old girl and stoning her
to death in Maharashtra in 2008, that he was not accorded a fair chance to put
forth his arguments by the trial court which sentenced him to death. "We will
grant you an opportunity of hearing but that should be on practical
applicability (of legal proposition). What will happen in future, we don't
know," a 3-judge bench headed by Justice Dipak Misra said while hearing the
revision plea of death row convict Vasanta Sampat Dupare. The apex court in a
recent historic verdict had held that a 3-judge bench would accord an
open-court hearing for a period of half-an-hour to hear and decide the review
pleas of the convicts facing death penalty. However, this court-mandated rule
of limited hearing was breached while hearing the plea of Yakub Abdul Razak
Memon, the sole death-row convict of the 1993 Bombay blasts case, as the
hearing had gone on much longer than 30 minutes. Senior advocate Anup Bhambani,
appearing for Dupare, alleged that the accused was not heard at the point of
sentence by the trial court which was a serious legal flaw that needed to be
rectified. He also sought some documents pertaining to the testimonies of three
prosecution witnesses in the case besides few exhibits produced in the lower
court. The bench, which also comprised Justices R F Nariman and U U Lalit,
asked Maharashtra government to provide requisite documents to the counsel for
the convict within 3 weeks and asked the state counsel to be ready with his
submissions on August 31, the next date of hearing. The court, which had used
strong words in its 2014 verdict while upholding the death penalty of Dupare,
later stayed the execution of the 55-year-old convict. Dupare had ravished a
4-year old girl of his neighbourhood and stoned her to death in 2008. Upholding
his conviction and death penalty, the bench had said "the rape of a minor girl
child is nothing but a monstrous burial of her dignity in the darkness. It is a
crime against the holy body of a girl child and the soul of the society and
such a crime is aggravated by the manner in which it has been committed."
(source: The Echo of India)
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