July 13
RWANDA:
Petty Crime Suspects Summarily Executed
State security forces in Rwanda have summarily killed at least 37 suspected
petty offenders and forcibly disappeared 4 others since April 2016, Human
Rights Watch said in a report released today. Most victims were accused of
stealing items such as bananas, a cow, or a motorcycle. Others were suspected
of smuggling marijuana, illegally crossing the border from the Democratic
Republic of Congo, or of using illegal fishing nets.
The 40-page report, "'All Thieves Must Be Killed': Extrajudicial Executions in
Western Rwanda," details how military, police and auxiliary security units,
sometimes with the assistance of local civilian authorities, apprehended
suspected petty offenders and summarily executed them. 2 men were killed by
civilians after local authorities encouraged residents to kill thieves. In all
the cases Human Rights Watch documented, the victims were killed without any
effort at due process to establish their guilt or bring them to justice, and
none posed any imminent threat to life that could have otherwise justified the
use of lethal force against them.
"Rwandan security forces are carrying out a brutal campaign of cold-blooded
murder in the Western Province," said Daniel Bekele, senior director for Africa
advocacy at Human Rights Watch. "Fighting petty crime or offenses by committing
murder doesn???t build the rule of law, but only reinforces a climate of fear.
The Rwandan authorities should immediately halt the killings and bring those
responsible to justice."
Human Rights Watch conducted interviews in Rwanda with 119 witnesses, family
members and friends of victims, government officials, and others. Human Rights
Watch also released photographs of some of the victims.
On July 5 and 6, 2017, Human Rights Watch shared its findings with 5 local
authorities in Rubavu and Rutsiro districts, the areas where Human Rights Watch
documented the killings. The officials denied that any extrajudicial executions
had occurred, although one said that people had been killed while crossing the
border from Congo because of a "security issue." Human Rights Watch also shared
its findings with senior government officials in the capital, Kigali, but has
not received a response.
These killings occurred in advance of Rwanda's presidential elections,
scheduled for August 4. President Paul Kagame, who has been in power since
2003, is running against two opponents, both of whom have complained of
harassment, threats, and intimidation since announcing their candidacy.
The executions, some in front of multiple witnesses, are rarely discussed in
Rwanda. Given Rwanda's strict restrictions on independent media and activists,
no local media outlets have reported the killings, and local human rights
groups are afraid to publish information on such issues.
The killings and enforced disappearances appear to have been part of a broader
strategy to spread fear, enforce order, and deter any resistance to government
orders or policies, Human Rights Watch said.
In 1 example, Fulgence Rukundo, a father of two, was detained by a local
government official and six soldiers at his home in the village of Munanira in
Rubavu district in the early morning of December 6. Witnesses said he was
questioned about a stolen cow, then taken to a community meeting with the
district mayor. "When the meeting was finished, the soldiers walked Fulgence to
a small field near a banana plantation," one witness said. "There were many of
us following; some were primary students. We wanted to see what would happen
... A soldier told him to stand up and walk, and another soldier told us to
leave. At that moment, I heard three shots."
More than 40 people interviewed said they had participated in community
meetings in Rubavu and Rutsiro districts at which military officers or local
government officials declared that thieves would be arrested and killed.
Authorities used the extrajudicial executions to serve as a warning. In most of
the cases documented, local military and civilian authorities told residents,
often during public meetings, that the suspected petty offender had been killed
and that all other thieves and other criminals in the region would be arrested
and executed.
In the case of Francois Buhagarike, killed between October 19 and 20 in Busuku
cell in Rutsiro district, one resident said: "[The authorities] say, 'Someone
who supports thieves will also have problems with us. Those caught stealing
will be killed, like Francois. To anyone who knew Francois, if you steal, you
will also be killed.' All this was said by the military so it must be taken
seriously."
Many family members were threatened when they tried to recover the bodies of
their loved ones. Some families buried the body in secret, and several left
their villages, fearing that they could also be targeted.
In almost all the extrajudicial killings documented, family members of victims
were afraid to exercise their right under Rwandan and international law to seek
justice.
The Rwandan government should ensure an immediate end to the summary executions
of suspected criminals by security forces, Human Rights Watch said. They should
also ensure that thorough, impartial investigations into these serious
violations are conducted, including to establish how and with whom any policy
originated; and that those responsible for the violations be held accountable.
Judicial, military, and police officials should also make public and clear
statements forbidding any state security force member from intimidating or
threatening family members of victims.
"Instead of investigating the executions and disappearances and providing
information or assistance to the families, local authorities threatened some
who dared to ask questions," Bekele said. "The government should focus on
investigating and prosecuting those responsible for the crimes, and not allow a
cover-up."
[also, see:
https://www.hrw.org/report/2017/07/12/all-thieves-must-be-killed/extrajudicial-executions-western-rwanda]
(source: Human Rights Watch)
GHANA:
Scrap the death penalty, Amnesty International urges government
Amnesty International said close to 150 death row inmates languish in grim
conditions in Ghana with only a fraction able to appeal their convictions.
In a new report, available to the Ghana News Agency, it called on the
government to abolish the death penalty once and for all.
Based on interviews with 107 death row prisoners, 'Locked up and Forgotten: The
need to abolish the death penalty in Ghana' provides further evidence of why
the country should abolish this cruel punishment, in line with the
recommendation of the 2011 Constitution Review Commission document.
Alioune Tine, Amnesty International's Regional Director for West and Central
Africa, said "the 2011 constitutional review should have signaled the end of
the road for the death penalty in Ghana, but 6 years on, courts continue to
hand down this cruel punishment, while death row prisoners remain trapped in
cramped conditions, separated from other prisoners, and with no access to
educational or recreational activities."
"The Ghanaian authorities should commute the death sentences of all death row
prisoners to terms of imprisonment and ensure that all these cases are reviewed
to identify any potential miscarriages of justice."
Fair trial concerns
Many death row inmates told Amnesty International that they did not receive
adequate legal representation for their trials and the vast majority have been
unable to appeal. Although around 3/4 of prisoners were provided with a
government-appointed lawyer in court, some prisoners said that their lawyer
asked for payment. Several said that their lawyers had not attended all the
court hearings while many others said they did not have a chance to talk to
their lawyer to prepare their defence.
One death row prisoner said: "I have no money, this is why I am here. If I had
money I would be outside by now." The UN Human Rights Committee and UN Special
Rapporteur on Torture have previously raised concerns over the quality of
state-supplied legal aid in Ghana.
Fewer than 1 in 4 death row inmates interviewed had been able to appeal their
conviction or sentence, and the Ghana Prison Service informed Amnesty
International that only 12 death row inmates had filed appeals since 2006 - 1/2
of which were successful. Few inmates interviewed were aware of how to appeal
or access legal aid, while most were unable to pay for private lawyers.
Poor conditions on death row
The death row at Nsawam Prison is overcrowded, poorly maintained and there are
just 7 toilets between more than 100 prisoners. The men's section contains 24
small cells to hold 4 prisoners each, 4 medium-sized cells with up to 8
prisoners per cell and 2 larger cells to hold 16 prisoners each. The single
window in each cell is locked with metal bars and cannot be opened. Small holes
in the cell walls provide limited ventilation.
There are just 4 female death row prisoners at Nsawam and they share a single
cell, isolated from other female prisoners. Prisoners on death row displayed
signs of distress and anxiety, with several men and women in tears when
speaking to Amnesty International about their situation.
1 prisoner told Amnesty International: "If I were to be killed, it would be
better than being here."
In March 2017 there were 6 prisoners on death row officially considered to have
mental and intellectual disabilities. They received no specialized treatment,
although the Prison Service said it was seeking psychiatric support.
"Keeping people with mental or intellectual disabilities on death row violates
international human rights law, and puts their safety and that of other
prisoners at risk," said Alioune Tine.
Death row prisoners also face discrimination and isolation as they are not
allowed to participate in the recreational or educational opportunities
available to other prisoners.
1 prisoner described the death row section as "a prison within a prison". 1
woman who had been on death row for 9 years told Amnesty International, "I
don't do anything. I sweep and wait."
Trend towards abolition
Amnesty International is calling on the Ghanaian authorities to abolish the
death penalty for all crimes.
"105 countries around the world, including 19 in Africa, have abolished the
death penalty for all crimes. A great way for Ghana to mark its 60th
anniversary of independence this year would be to abolish this cruel punishment
and end the suffering of the death row prisoners who have been locked up and
forgotten," said Alioune Tine.
Background
As of 30 December 2016, 148 prisoners were on death row in Ghana - 144 men and
4 women. All were sentenced to death for murder. The last execution in Ghana
took place in 1993.
For this report, Amnesty International interviewed 107 prisoners on death row -
104 men and 3 women - during 2 visits in August 2016 and March 2017.
(source: Ghana News Agency)
BELARUS:
Urgent Action: Aliaksei Mikhalenya At Risk Of Imminent Execution (Belarus: UA
172.17)
Aliaksei Mikhalenya was sentenced to death by the Homel Regional Court, in
southeast Belarus, on 17 March. His sentence was upheld by the Supreme Court on
30 June and he is now at risk of imminent execution.
TAKE ACTION
Write a letter, send an email, call, fax or tweet:
Urging President Alyaksandr Lukashenka to commute the death sentence of
Aliaksei Mikhalenya and all those on death row in Belarus;
Calling on the President to establish an immediate moratorium on executions
with a view to abolishing the death penalty;
Stress that whilst we are not seeking to downplay the seriousness of the crime,
research shows that the death penalty does not deter crime more than
imprisonment, and is the ultimate denial of human rights.
Contact these two officials by 24 August, 2017:
President
Alyaksandr Lukashenka
Vul. Karla Marksa 38
220016 Minsk, Belarus
Fax: +375 17 226 06 10 or +375 17 222 38 72
Email: cont...@president.gov.by
Salutation: Dear President Lukashenka
Charge d'Affaires Mr. Pavel Shidlovsky
Embassy of Belarus
1619 New Hampshire Ave NW
Washington DC 20009
Fax: 202 986 1805 or 1 202 986 1805
Phone: 202 986 9420 or 1 202 986 1606
Email: u...@mfa.gov.by
Salutation: Dear Counsellor
(source: Amnesty International)
SINGAPORE----imminent execution
Malaysian death row inmate to hang in Singapore
Malaysian S Prabagaran, who was convicted for drug trafficking in Singapore,
has failed in his bid to halt his execution at the 11th hour.
Lawyer N Surendran, in a tweet today, said Singapore's Court of Appeal
dismissed Prabagaran's application to stay his execution, pending his case in
the Malaysian courts to refer Singapore to the International Court of Justice
(ICJ) for denial of a fair trial.
"Stay of execution jst dismissed by Spore ct of appeal. S Prabagaran will be
hanged 2moro morning," he tweeted.
He told FMT in a message the appeals court had ruled that Singapore is a
sovereign nation and that it will not wait for the outcome of proceedings in
Malaysia.
Prabagaran is scheduled to be executed early Friday morning.
Singaporean anti-death penalty group We Believe In Second Chances, in a
Facebook post after the appeals court dismissed Prabagaran's bid to stop his
execution, said the NGO would hold a candlelight vigil at Changi Prison
tonight.
"This vigil is a show of solidarity and support for Prabagaran's family at this
difficult time, and will be peaceful and non-disruptive.
"We have not sought a permit for this gathering, and there is a chance that the
authorities might ask us to disperse.
"If this occurs, all participants should comply and move on accordingly without
violence or disruption so as not to add to the distress of the family at this
time," the group said in its Facebook post.
In a response, Amnesty International consultant Michelle Yesudas expressed her
disappointment over the decision on her Twitter feed.
"This is horrible news, as there is a pending case in the Malaysian courts. It
is disappointing the court did not provide them with a stay," she said.
Prabagaran was convicted in 2012 after 22.24g of diamorphine, a pure form of
heroin, was found in his car at the Singaporean immigration checkpoint as he
tried to enter the country.
He has maintained his innocence, claiming that he did not own the car he drove
and was not aware of the drugs being in it.
Earlier this year, he turned to the Malaysian court to compel the government to
start legal proceedings against Singapore before an international tribunal for
denying him a fair trial.
Surendran had said this application was unprecedented as his client and family
members had exhausted all avenues to stop the execution from being carried out.
On March 24, Prabagaran failed to obtain leave at the Kuala Lumpur High Court
to compel the Malaysian government to start proceedings against Singapore.
Justice Hanipah Farikullah ruled, in chambers, that the courts had no powers to
interfere with foreign policy issues.
(source: freemalaysiatoday.com)
*********************
Prosecution seeks death penalty for man who killed wife's former lover
The prosecution is seeking the death penalty for a man who assaulted his
wife???s former lover to death and later left the body along Lim Chu Kang Road
in 2013.
Chia Kee Chen, 56, was convicted of murder in January this year after he was
found guilty of forcing Dexmon Chua Yizhi, 37, into a van and subsequently
bashing him so brutally with a hammer-like object that Chua died from blunt
force head injuries. Chia committed the offence between 28 and 29 December 2013
with the help of 2 accomplices, Indonesian Febri Irwansyah Djatmiko and Chua
Leong Aik, a longtime friend of Chia's.
Febri was involved in the attack while Chua drove the van, which was used to
abduct the victim. Chua left the van midway through the act.
Lawyers from both sides spent Thursday morning (13 July) making submissions on
Chia's sentence.
The prosecution, represented by Tan Wen Hsien, said that Chia deserved the
death penalty - in part because of the savage nature of the attack and the
premeditation involved.
Defence counsel Anand Nalachandran sought life imprisonment for Chia, whom he
said had hatched a plan of abduction without an intention to kill. Chia wanted
to "shield his wife from the possibility of any future harm", said
Nalachandran.
However, the prosecution maintained that Chia alone had the motive and
intention to kill Dexmon as he bore ill-will towards his wife's younger
ex-lover for making him a "cuckold". DPP Tan pointed out that Chia had stalked
and harassed Dexmon after discovering his wife's extramarital affair in
November 2012.
Chia's "long, deepset and fatal grudges" towards Dexmon had persisted a year
after his wife had stopped seeing him and the ill-will continued throughout the
time "without provocation of contribution" by [Dexmon], said the prosecution.
Chia's attack on Dexmon was also "savage and cruel". Said DPP Tan, "Once
[Dexmon] got out of his car ... [Chia] and Febri set upon him in a vicious and
unbridled manner ... The blood spatter found at the walls, floor and ceiling of
the MSCP (multi-storey car park) are testament to the bloodshed that occurred
even before [Dexmon] was bundled into the back of the van."
Chia had also executed his plan to murder Dexmon in a "calm and calculated
manner", claimed the prosecution. In the months leading to the offence, Chia
set in motion various parts of the plan, including asking Chua and Febri for
help, gathering the weapons and renting a van.
There was also an utter lack of remorse on Chia's part, added the prosecution.
He ran "spurious defences and sought to downplay his true involvement in the
offence" during the trial, such as denying the use of a hammer-like object,
even though he had volunteered the information to the police and drawn a
picture of the object.
Nalachandran urged for life imprisonment to be imposed on Chia, arguing that
inconsistencies between Febri and Chua's accounts made it "unsafe" for the
court to hang him as Chia's role in the affair was ambiguous.
For example, Febri had claimed that there was a plan involving knives and
electrodes but no such evidence came from Chua. Nalachandran argued that Febri,
who had given a statement to Indonesian police, had "every reason to distance
himself and downplay his role" and had given a "self-serving statement".
The defence also submitted a psychiatric report by Dr John Bosco Lee, done
after Chia's conviction, to show that Chia was assessed to be suffering from
Major Depressive Disorder which "affected his perceptions, his emotional
responses, his behavioral responses" and "contributed much to his disturbed
mental state around the time of the offence".
However, the prosecution took issue with the report, dated 21 June this year,
pointing out that it wasn???t relevant as it didn't show any "causal or
contributory link" to Chia's act. DPP Tan added that Dr Lee was only engaged
some 3 1/2 years after the offence was committed.
Justice Choo Han Teck will give Chia's sentence at a later date.
(source: Yahoo News)
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