July 31
UNITED NATIONS:
UN chief bucks capital punishment
The United Nations human rights chief is opposing the imposition of capital
punishment in all circumstances, saying death penalty is "not an effective
deterrent" to crime and does not protect people from drug abuse.
UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein was reacting to the
execution of four convicted drug traffickers in Indonesia last Friday.
Convicted Filipina drug trafficker Mary Jane Veloso was spared because the
Philippine government under former president Benigno Aquino III asked that she
be allowed to testify against Maria Kristina Sergio, who allegedly recruited
her and tricked her into smuggling 2.6 kg of heroin into Indonesia.
But the new Philippine administration under President Duterte has expressed
conviction that death penalty can be used to stop illegal drug trade in the
country.
Al Hussein said the focus of drug-related crime prevention should involve
strengthening the justice system to make it more effective.
He also called on authorities of "the most prolific executioner" in Southeast
Asia to immediately reinstate a moratorium on the death penalty.
"The increasing use of the death penalty in Indonesia is terribly worrying, and
I urge the government to immediately end this practice which is unjust and
incompatible with human rights," he said.
"I find it deeply disturbing that Indonesia has already executed 19 people
since 2013, making it the most prolific executioner in Southeast Asia," he
added.
Al Hussein noted that under international law, particularly the International
Covenant on Civil and Political Rights which Indonesia has ratified, countries
which have not abolished the death penalty may only use capital punishment for
"the most serious crimes."
He pointed out that drug-related offenses do not fall under this threshold of
"most serious crimes," which have been interpreted to mean only crimes
involving intentional killing.
He said that while he acknowledges the challenges faced by Indonesia in
combating drug-related crimes, the country's response must be rooted in
international human rights law.
Phl death penalty bill
Meanwhile, the death penalty bill in the House of Representatives faces rough
sailing as opposition congressmen are determined to block its passage.
"We will fight tooth and nail any and all attempts to renew the death penalty
and send us back to the medieval ages," Rep. Lito Atienza of party-list group
Buhay said yesterday.
He said he and his pro-life colleagues would argue doggedly against any measure
that seeks to re-impose capital punishment.
Another opposition lawmaker, Harry Roque of Kabayan, said he, like Atienza, is
against the revival of the death penalty.
"What we need to do is to reform the criminal justice system," he said.
The 2 belong to the opposition bloc led by Minority Leader Danilo Suarez.
Ironically, Suarez is supporting President Duterte's proposal for re-imposition
of the death penalty.
(source: Philippine Star)
NIGERIA:
Court remands 22-year-old man in prison----22-year-old Okoh, stabbed the
deceased in the stomach and head on May 29, 2016 in Mafoluku, Oshodi.
The Ebute-Metta Chief Magistrates' Court, Lagos, has remanded a 22-year-old
man, Innocent Okoh, in prison, on a suspicion of murder.
Okoh, who appeared before the court on Friday, July 29, 2016, was accused of
stabbing Kehinde Kafaru, 18, which lead to his death.
The News Agency of Nigeria (NAN), reported that the deceased was stabbed on the
stomach and head.
2 counts charges of conspiracy and murder, has been levelled against the
suspect for his crime.
Inspector Jimah Iseghede, a prosecutor in the case, told the court that Okoh
killed the deceased on May 29, 2016 in Mafoluku, Oshodi.
The offences contravened Sections 221 and 231 of the Criminal Law of Lagos
State, 2011, with the former carrying a death penalty for anyone convicted.
The court magistrate, Miss B.O. Ope-Agbe, instructed that the accused be
remanded at the Ikoyi Prisons until further notice.
The case was adjourned till August 30, 2016, for hearing.
(source: pulse.ng)
BAHAMAS:
Sentencing Adjourned For 4 Convicted In Connection With Kidnapping And Double
Murder
The sentencing of 4 men convicted of having a role in the disappearance and
murder of an Immigration Department officer and his girlfriend in Andros has
been adjourned by another 8 weeks.
Zintworn Duncombe, 28, James Johnson, 22, Daniel Coakley, 28, and Cordero
Saunders, 26, were expected to appear before Justice Indra Charles on Thursday
to be sentenced for their respective roles in the murder and kidnapping of
Shane Gardiner and his girlfriend, Tishka Braynen.
Though the probation officers and psychiatrist were present to give an account
for their reports that had been ordered to be produced by the judge, the
subjects of the reports were absent from the proceedings.
It was revealed to the court that the men had not been sent for.
As a result, the matter was further adjourned to September 30.
Gardiner and Braynen were allegedly killed after a failed plot to take $8,000
in gambling winnings from the immigration officer. Braynen, of Cargill Creek,
and Gardiner, who lived in Love Hill, both in Central Andros, were reported
missing around 1.45pm on November 24, 2013. Gardiner had recently been assigned
to the island.
On December 21, 2013, police in Andros discovered the remains of a man with
"items related to a female".
All 4 men were unanimously convicted of double kidnapping, conspiracy to commit
armed robbery and attempted armed robbery.
The Crown is seeking the death penalty for Duncombe and Johnson who were
unanimously convicted of murder. Because of the request for the death penalty,
the court ordered the production of a psychiatric report and social inquiry
report with respect to the 2 convicts.
Duncombe, Saunders, Johnson and Coakley, who all denied the allegations, were
respectively represented by lawyers Ian Cargill, Moses Bain, Donna Major and
Terrel Butler.
Darnell Dorsett and Patrick Sweeting prosecuted the case.
(source: tribune242.com)
MOROCCO:
King Mohammed VI Pardons 1,272 Convicts on Throne Day
On the the Throne Day, to be celebrated on Saturday in Morocco, King Mohammed
VI granted pardon to 1,272 persons who were convicted by different courts
across the Kingdom, the Ministry of Justice said in a statement.
The detained beneficiaries of the pardon are 992:
-- 11 inmates benefited from the pardon over their remaining prison term.
-- 939 inmates had their prison terms reduced.
-- Sentences for 23 convicts were commuted from death penalty to life
imprisonment.
-- 19 inmates had their prison sentences commuted from life imprisonment to
fixed prison terms.
The free beneficiaries of the pardon are 280:
-- 53 inmates benefited from pardon over their imprisonment term or remaining
prison term.
-- 15 inmates had their prison sentences dropped and fines maintained.
-- 12 inmates benefited from pardon over their prison terms and fines
-- 200 inmates had their fines annulled.
Pardon is granted to a number of prisoners by the Sovereign on the occasion of
religious and major national celebrations.
(source: moroccoworldnews.com)
SAUDI ARABIA/UNITED KINNGDOM:
Boris Johnson told to act over Saudi execution threat
Fears are growing that Saudi Arabia is about to behead a man for crimes
committed when he was a juvenile - in violation of both international and Saudi
law - triggering calls for the foreign secretary, Boris Johnson, to publicly
reject Saudi "propaganda" claims that the accused should have been considered
an adult at the time of the crime.
Human rights groups are concerned that a Twitter account with close links to
the Saudi government is now raising the profile of Ali al-Nimr, who was
sentenced to death on charges relating to his role in anti-government protests
in 2012 when he was 17. In the past, similar activity on the Twitter account
has been a signal that an individual is about to be executed. 2 other men,
Dawood al-Marhoon and Abdullah al-Zaher, convicted of similar offences when
juveniles, also face beheading.
Under Saudi law juveniles cannot be executed. But, in its latest Human Rights
Priority Country assessment for Saudi Arabia, the Foreign Office states that
"all 3 were convicted of crimes committed when they were juveniles, although
under Saudi law they are considered to have been adult at the time".
The case of al-Nimr was highlighted by Labour leader Jeremy Corbyn last year
and became a cause celebre. Following Corbyn's appeal, the Foreign Office,
which raised the matter with the Saudis, said it did not expect the three to be
executed. But the Foreign Office's decision to repeat the Saudi claim has
alarmed human rights groups, who are concerned about the signals it sends out
to the kingdom.
"The British government should not be accepting the Saudis' excuses for their
appalling plans to behead people sentenced to death as children," said Maya
Foa, director of the death penalty team at international human rights
organisation Reprieve.
"The government must stop hiding behind the fiction that Abdullah, Ali and
Dawood are considered adults under Saudi law. The reality is that the Saudis
are breaking both their own laws and international law in their plans to
execute these 3 - all of whom were arrested when they were under 18 and accused
of involvement in protests calling for reform."
Saudi law stipulates that juveniles can be classed as adults if they have hit
puberty and are close to adulthood. But this has to be made clear at their
trial. Reprieve insists this was not the case. It points out that all 3 were
held in juvenile detention on arrest, and has written to the Foreign Office
urging it not to accept the Saudi line. It has also raised the matter in a
letter to Johnson.
"The attention the Foreign Office has paid to these cases so far is welcome,"
Foa said. "However, they must ensure they are not giving support to Saudi
government propaganda, as they have done all too often before. Boris Johnson
needs to set the record straight and call on the Saudi authorities to
immediately commute the death sentences handed down to these 3 juveniles."
The issue represents an urgent challenge to Johnson's authority. As foreign
secretary he must recognise the UK's commitment to human rights - but will also
understand the need to placate the Saudis, who have bought billions of pounds'
worth of UK jets, weapons and military hardware.
The 3 young men claim that they were tortured into confessions. Along with
serious crimes such as making and throwing Molotov cocktails at police, they
were convicted of an array of offences including "observing the movements of
vehicles belonging to the security forces", "buying for and distributing water
to protesters" and "explaining how to give first aid to protesters".
All 3 deny involvement in violent activity. There are widespread concerns that
their trials did not follow due process, as lawyers for the three were denied
access to the evidence against them.
There have also been claims that the case against al-Nimr is politically
motivated because he is the nephew of Sheikh Nimr al-Nimr, a reformist cleric
who called for an end to corruption and discrimination against minorities. Nimr
was executed in a mass execution of 47 prisoners last January, including Ali
Saeed al-Rebh, 18, who was arrested after attending protests when he was 17.
A Foreign Office spokeswoman said: "The government's position is clear and
understood by Saudi Arabia: we oppose the death penalty in all circumstances
and in all countries. We regularly raise the case of Ali al-Nimr, and the 2
others who were juveniles when they committed the crimes of which they have
been convicted, including during the former foreign secretary's most recent
visit to Saudi Arabia. We expect that they will not be executed. Nevertheless,
we continue to raise these cases with the Saudi authorities."
(source: The Guardian)
INDIA:
Death penalty for HuJI operative in Shramjeevi Express blast
A HuJI operative was today awarded death penalty in the 2005 Shramjeevi Express
train blast case by a local court here.
Alamgeer alias Rony, a Bangladeshi national, was awarded death sentence and a
fine of Rs 7 lakh by Additional District and Sessions Judge Buddhiram Yadav who
had held the accused guilty yesterday.
The verdict for another accused in the case, Ubed-ur-Rehman alias Babu, would
be pronounced on August 2.
12 persons were killed and many others injured when an explosion ripped apart a
coach of New Delhi-bound Shramjeevi Express from Patna near Jaunpur station in
Uttar Pradesh on July 28, 2005.
The explosion was later found to have been caused by RDX stored in the toilet
of the coach.
According to eyewitnesses, 2 men had boarded the train at Jaunpur with a white
suitcase but shortly afterwards jumped out of the moving train without it and
ran away. A few minutes later, the explosion shook the carriage.
Along with Rony, Ubed-ur-Rehman, Nafeequl Biswas and Sohag alias Hilal -- all
Bangladeshi nationals with links to terror outfit Harkat-ul-Jihad al-Islami
(HuJI) -- were subsequently arrested by the police.
Nafeequl and Hilal are currently lodged in Hyderabad jail in connection with
another case, while another accused, Sharif, is on the run. 2 more accused,
Ghulam Razdani alias Yahya and Sayeed, died during the pendency of the case.
(source: The Economic Times))
***************
Why prisoners are executed before sunrise
Executions are rare in India and death sentences are awarded only in cases of
rarest of rare crimes.
Among the last few executions witnessed in India were of Mohammad Ajmal Amir
Kasab, a Pakistani terrorist, and Afzal Guru, conspirator in Parliament attack
case.
While the debate continues over whether capital punishment is justified or not,
there is an interesting aspect associated with it.
Why are those on death row executed before sunrise?
We all have seen in films that whenever any prisoner is executed, only a
handful of persons are present to witness the act.
Among them are a judicial executioner, a magistrate or his representative, a
doctor and some policemen.
And there are several reasons why executions are carried out before sunrise in
India.
-- Jail authorities have to focus a lot of energies on carrying out an
execution and they wind up the same before sunrise so that it does not affect
their daily schedule. Requirements pre and post execution include medical tests
and noting of procedures in multiple registers.
-- The body also needs to be handed over to the prisoner's family post
execution in time so that they can conduct the last rites the same day.
-- Executions are carried out early in the morning so as to ensure that the
person on death row does not have to wait for long on a day he is due to be
hanged and to prevent him from undergoing further mental trauma.
-- Hangings are carried out early in the morning in order to prevent sudden
reactions from the society as most people are asleep when the development takes
place.
(source: zeenews.com)
BANGLADESH:
British reporter, 81, held in Bangladesh for three months as his family fear he
could face death penalty
An elderly British journalist investigating corruption in Bangladesh has been
arrested by a police squad that received UK aid funding despite allegations of
torture.
Shafik Rehman, 81, was seized in April on accusations of plotting to kidnap and
kill the prime minister's son. He has been held without charge for 3 months,
and his family fears he faces the death penalty if convicted.
The former BBC contributor, who has dual British and Bangladeshi nationality,
is a prominent opposition figure. He is also credited with introducing
Valentine's Day as a holiday to the mainly Muslim country.
Britain is Bangladesh's biggest aid donor. This year it is handing over 154
million pounds, despite growing repression and a free-speech crackdown that has
seen three leading opposition journalists arrested since 2013.
'This is the problem with aid all over the world - there is no accountability,'
said Mr Rehman's son Shumit, who runs a tuition company in North London. 'But
ultimately Britain is responsible if it is paying these people.'
His father, who trained as an accountant and edits a popular magazine, was
taken by police posing as a TV crew then interrogated for ten days, his family
say.
Mr Rehman was forced to sleep on the floor in solitary confinement for a
further 15 days, despite worsening health problems. He suffers from diabetes
and has a stent in his artery.
His cell in a notorious prison is next to another prominent journalist who has
been held without charge for 3 years. Mr Rehman, who has 3 grandchildren in
Britain, has told his family he fears the same fate.
He was arrested by Bangladesh's detective branch, which is accused by Human
Rights Watch of being responsible for serious abuses 'including arbitrary
arrests, torture, enforced disappearances and killings'. Yet in 2009, Britain
gave 10 million pounds towards a 5-year United Nations scheme to enhance the
unit's ability to deal 'professionally' with investigations.
The police training continued until 7 months ago. British aid to Bangladesh
includes 33.63 million pounds for a 'safety and justice programme', despite a
warning last year that such support 'could be used for political purposes
and/or human rights violations'.
The watchdog said UK aid may be helping intelligence efforts 'used to monitor
and suppress political opposition groups'.
Bangladesh has been sliding into authoritarian rule and was hit by a series of
Islamist murders in recent months. Mr Rehman's family, who called the
allegations 'farcical', believe his arrest was linked to an advisory role he
took with the main opposition leader earlier this year.
Maya Foa, of anti-death penalty charity Reprieve, which has taken up the case,
said: 'Britain must demand answers from Bangladesh on whether UK aid has
contributed to the arrest of journalists like Shafik Rehman.'
The Department for International Development said aid to Bangladesh police
stopped last year, adding: 'It is wrong to suggest DFID funding contributes to
human rights violations. The UK Government is committed to protecting human
rights and holding to account those responsible for the worst violations and
abuses.'
(source: dailymail.co.uk)
IRAQ:
Iraq Upholds Death Penalty for 40 Alleged Camp Speicher Massacre Participants
In February, Iraq sentenced 40 out of 47 men to be be executed by hanging over
the June 2014 massacre, when Daesh killed over 1,600 Shia Iraqi Air Force
cadets in an attack on Camp Speicher in Tikrit. The Iraqi government blamed the
massacre on both Daesh, outlawed in Russia and many countries, and members of
the Iraqi wing of the Arab Socialist Baath Party, which is banned in the
country.
"The decision [to uphold executions], taken earlier by the Central Criminal
Court has been approved," a spokesperson for the court system was quoted as
saying by the Al Sumaria broadcaster.
In February, the sentence was criticized by the Amnesty International watchdog,
that noted that the vast majority of such trials have been "grossly unfair".
(source: Sputnik News)
INDONESIA:
Indonesia Ignored All Plea to Not Execute The 3 Nigerians
Indonesia executed four convicted drug traffickers, including three Nigerians,
early on Friday as it pushed ahead with its "war against drugs", although
another 10 scheduled executions were delayed.
As many as 14 people were originally set to face the firing squad together on
Friday, but officials decided a "comprehensive review" was needed to "avoid any
mistake" in the 10 cases, Attorney General H. Muhammad Prasetyo said.
The date for the next round of executions has not been set, Prasetyo told
reporters in Jakarta.
At least 2 prisoners among that group of 10, a Pakistani national and an
Indonesian woman have applied for presidential clemency, their representatives
said.
"They said legal proceedings could take a long time.
Those executed - 3 Nigerians and an Indonesian man - were shot during a
thunderstorm shortly after midnight on Nusakambangan Island in Central Java.
The government ignored international calls for clemency and pushed ahead with
its drive against narcotics.
"Our battle against drug crimes is not over and it will continue. We will
maintain our commitment, our firmness and our consistency," Prasetyo said.
Indonesia has become a "business field" for the production, distribution,
import and export of drugs, Prasetyo said.
Indonesia executed 14 prisoners, mostly foreign drugs offenders, just over a
year ago, causing diplomatic outrage.
Rights activists and governments have again called on Indonesia to abolish the
death penalty.
Those calls have gone unheeded and President Joko Widodo has said drugs pose as
serious a threat as terrorism in what is one of Southeast Asia's biggest
markets for narcotics.
The president's office often cites figures that drugs are killing at least 40
people a day, but several international experts have questioned the methodology
used to arrive at those statistics.
The death penalty is widely accepted by the Indonesian public, but police had
to break up a protest outside the prison on Thursday by members of a migrant
workers group who called for mercy for the Indonesian woman who was scheduled
to be executed.
Amnesty International called the latest executions "a deplorable act that
violates international and Indonesian law" and pleaded that the other death
sentences not be carried out.
Around 152 people remain on death row in Indonesia, including convicted drug
traffickers from the Philippines, France and Britain, according to the Attorney
General's Office.
Authorities plan to execute 16 prisoners this year and more than double that
number in 2017.
(source: nta.ng)
*****************
Indian national Gurdeep Singh to be executed by firing squad in Indonesia
Jalandhar city in the state of Punjab is currently lodged in an Indonesian
jail. But his days are numbered since he will soon be executed by a firing
squad.
An Indonesian court has given him the death penalty for his alleged involvement
in the drug trade.
On Thursday, the Indonesian government executed 4 people for a similar crime
even as
Gurdeep along with 13 other people, including a Pakistani, is expected to face
the firing squad. All of them were sentenced to death by a court.
This is despite the public protesting against the death penalty in the country.
Scores of people on Friday had taken out candle light marches in different
parts of the island nation to press upon the government to abolish the capital
punishment.
In Indonesia, people are executed by shooting them dead.
Gurdeep's family members are hoping against hope. They have called on the India
government for help.
In an emotional appeal, his daughter has urged the Indonesian government to
overturn the verdict and send her father home.
Fourteen years ago, Gurdeep had left home for New Zealand. But he couldn't
reach that country as his travel agents had failed to complete the paper work.
However, he could travel only up to Indonesia where he was caught allegedly for
trafficking 300 grams of heroin.
He was arrested from Jakarta Airport and since then he was lodged in an
Indonesian prison.
(source: zeenews.com)
*****************************
Pakistani drug trafficker avoids death penalty in Indonesia
The daughter of Pakistani Prime Minister, Nawaz Sharif, on Friday credited her
father with saving the life of a convicted Pakistani drug trafficker in
Indonesia.
Jakarta executed 4 convicted drug traffickers on Friday while delaying the
death penalty of 10 from different countries, according to Indonesian
officials.
Among those spared was Syed Zulfiqar Ali, a Pakistani national, arrested on
drug trafficking charges from Bogor, Indonesia, in November 2004 and sentenced
to death in 2005.
Maryam Nawaz Sharif took to social media to proclaim that Ali's life was saved
due to efforts of her father.
"Despite bleak chance of success, PM NS (Prime Minister Nawaz Sharif) decided
to make 1 more attempt to have Zulfiqar's execution suspended and it happened,"
she said.
Maryam, considered Sharif's future successor, effectively ran the government
when her father underwent open-heart surgery in London in May.
Pakistan has been asking Indonesia at various levels, through both political
and diplomatic channels, for review of Ali's case, Pakistan's foreign ministry
spokesman, Nafees Zakaria, said.
"The matter was taken up at the level of the heads of state in 2007," Zakaria
said.
He added: "Most recently, the adviser to the prime minister on foreign affairs
raised the matter with the Indonesian ambassador."
Pakistan's efforts to convince Indonesia to show mercy towards Ali stands in
contrast to its own track record on capital punishment.
It has executed 416 convicts since resumption of the death penalty in December
2014 after 6-year moratorium, according to independent Human Rights Commission
of Pakistan.
The Pakistani government hanged 333 people in 2015, performing more than 1/5 of
worldwide hangings that year, according to Amnesty International.
Pakistan has also rejected appeals from several international and local human
rights groups to restore the moratorium on executions.
(source: theeagleonline.com.ng)
******************
Execution law needs further review
As a country that has championed the upholding of human rights, it needs to
further review its implementation of the death penalty and whether if it is
still needed.
Criminal law experts say that the death penalty should be a special punishment,
not a general punishment, so that judges will still have 2 more options apart
from capital punishment and life sentences--or 20 years' imprisonment.
Then, the judges' final decision should be based on a lengthy case review and
in consideration of convicts' legal efforts.
Muzakir, criminal law expert with the Indonesia Islamic University (UII) in
Yogyakarta, Central Java, said on Friday that the country should not execute
people without any comprehensive, transparent and legal process, because the
arbitrary decision to impose the punishment violated the Constitution.
If the death sentence became a special law, Muzakir added, the judges would
have options to lessen the punishment if convicts could prove their reformed
character.
"There should be many reasons to support the punishment and the implementation
should be strict. Moreover, [judges] have to ensure that convicts have the
opportunity for legal recourse, such as filing an appeal or for clemency, and
the completion of these processes," Muzakir said.
However, he emphasized that the nation still needed such a punishment,
otherwise it might open the door for more extraordinary crimes, such as drug
smuggling.
The House of Representatives is currently deliberating the revision of the
Criminal Code, where capital punishment has become one of the most debated
articles. Many rights activists have called on the legislative body to remove
the death penalty from the law, as it violates human rights and, purportedly,
has no impact on reducing the drug trade.
Law expert Ganjar Laksamana Bondan from the University of Indonesia (UI) said
the death penalty was still relevant in Indonesia, but the implementation must
be restricted. Moreover, law enforcers and judges should be more careful in
sentencing the penalty.
"The punishment cannot be arbitrarily imposed. But if it's omitted from our
law, it means we open the door for extraordinary crimes," Ganjar said.
Deliberation of Article 88 of the Criminal Code's revision is still in deadlock
as lawmakers are split on whether the death penalty should be a general or
special punishment.
United Development Party (PPP) lawmaker Arsul Sani said the punishment could
still exist but the government should also build a review team to audit all
cases before imposing the death sentence.
"The team may consist of officials from the Attorney General's Office (AGO) or
from the LPSK [Victims and Witnesses Protection Agency]," Arsul said.
However, NasDem Party politician Taufiqulhadi objected and said such a team was
not needed as it would interfere with the judges' independence. "Technically
it's not allowed to let any individual or team get involved in the
decision-making process of judges," Taufiqulhadi said.
Meanwhile, Democratic Party lawmaker Benny Kabur Harman said the death penalty
should be omitted from the law as it was not an effective deterrent for drug
rings. Moreover, no data proved that drugs smuggling cases were falling after
the government's 2 rounds of executions.
"It's not effective. It's better for us to comprehensively debate whether to
keep the law or not. If we have to have it, we should at least limit it to only
certain crimes," Benny said.
However, Cabinet Secretary Pramono Anung seemed to neither support nor oppose
the idea, but signaled that there might be a time for such deliberation in the
future.
(source: Nurul Fitri Ramadhani and Ina Parlina, The Jakarta Post)
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