Nov. 24




IRAN:

Nobel Laureates Protest Iranian Researcher's Detention, Death Sentence----Disaster medicine researcher Ahmadreza Djalali was convicted of spying for foreign governments.



75 past Nobel winners have signed a letter to the Ambassador to the Mission of Iran to the United Nations calling for the release of Ahmadreza Djalali, Nature reports. Djalali carried out disaster medicine research in Sweden and Italy before he was arrested in Tehran in April 2016 and sentenced to death for espionage. Prosecutors linked the Iranian-born scientist to the deaths of several nuclear scientists in the country, according to Nature.

"[A] document based on a handwritten text by Dr. Djalali has now raised the suspicion that it was his refusal to work for the Iranian Intelligence Services, which led to this unfair, flawed trial," the letter states. Citing several similar petitions, it urges Iranian authorities "to let Ahmadreza come back home to his wife and children, and to continue his scholarly work for the benefit of mankind." Djalali had lived with his wife and 2 children in Sweden, where he worked for the Karolinska Institute, according to Reuters.

Among the others calling for Djalali's release is the human rights group Amnesty International. In a statement last month after the death sentence was made public, the group's research and advocacy director for the Middle East and North Africa, Philip Luther, said, "Ahmadreza Djalali was sentenced to death after a grossly unfair trial that once again exposes not only the Iranian authorities' steadfast commitment to use of the death penalty but their utter contempt for the rule of law."

(source: the-scientist.com)








GHANA:

22-year-old man gets death sentence for killing 2 Americans at Akwamufie



A High Court in Accra has sentenced a 22-year-old man, Yaw Anokye, to death by hanging for the gruesome murder of 2 African-American women at Akwamufie in the Asuogyaman District of the Eastern Region, in May 2015. Yaw Anokye was found guilty by a 7-member jury after he had confessed to killing the 2 women in their 70s.

Delivering her judgment, the Judge, Justice Merley Afua Wood, asked God to have mercy on the soul of the accused as he was about to face death.

The 2 deceased persons, Mane Lena, 75, and 69-year-old Diop Nzanga, were kidnapped, murdered and buried in a shallow grave in 2015.

Police in Akosombo found the bodies of the 2 after they were reported to have gone missing.

Their bodies were exhumed after Acting President of the Akwamu Traditional Council dispatched over 70 people to complement a police search for the 2 when it became apparent they had gone missing.

About the 2 women

The 2, who dealt in batik and tie-dye, had lived in a small settlement near Akwamufie for more than 18 years.

At the time, no reasons were assigned for the murder of the 2 expatriates, but some linked it to some community disagreement rooted in chieftaincy matters.

The Omanhene of the Akwamu Traditional Area, Odeneho Kwafo Akoto III, expressed shock at the murder of the 2 American women.

He said Akwamus had over the years lived with many strangers and settlers, including foreigners, on their land, without any problem.

On death penalty in Ghana

The last time the Ghana recorded an execution of a convict, was in 1993, when then-president John Rawlings ordered the execution of 12 convicts via a firing squad.

According to Amnesty International Ghana, as at September 2016, there were 137 prisoners on death row, who have not been executed. As a result, many have pushed for Ghana to do away with the death penalty from Ghana's legal system since it is not enforced.

Those opposed against the death penalty have argued that it is not the right punishment for a convicted murderer but retributive.

Death penalty has been in the country's statute books since the application of the English common law in 1874, but in practice, no execution has been recorded since July 1993.

According to the proponents, much as the sentence may be seen in a wider sense as fairness, it doesn't deter people from committing such crimes.

(source: ghanaweb.com)








ST. LUCIA:

Killing convicted criminals is not the solution: Montoute



Montoute doesn't believe in the death penalty as a method to decrease crime. Minister for Equity, Social Justice and Empowerment, Lenard Montoute has said that while crime is of serious concern to the island, he does not believe that capital punishment, also known as the death penalty, will restrict criminality.

He shares a different opinion from National Security Minister Hermanguild Francis who recently indicated his support for the death penalty. Francis also bemoaned the practice of criminals being handed down minimal sentences despite the fact that their offenses warrant more severe punishment.

Montoute said, "I happen to be one who does not believe that capital punishment is a deterrent. However, it is our law that the consequence of certain actions could be imprisonment, hanging and so on. I believe that if it is a law [then] the law should be enforced. However, I would feel a lot more comfortable if we find other avenues to deal with perpetrators of crime other than the gallows."

Montoute informed that he has spoken to Francis with regard to devising programmes that would help counter the growing crime problem.

He said that while some are convinced that there is an increase in crime he believes there is instead, an escalation in homicides.

"We intend to put some programmes in place. We devise programme that not necessarily directly relates to crime, but hopefully they can impact the community and individuals in such a way that it would avert their engagement and indulgence in crime," he said.

"While I will not jump on the band wagon to say that we have an increase in crime like many are saying right now, we certainly have a spike in homicides and that is very disconcerting. It's a major concern to us because as you would appreciate, the majority of the victims are young people. The perpetrators are also young people and as far as I'm concerned we have 2 victims -2 sets of victims - both the perpetrators and the people who suffer the consequences of crime and of course, the family ..." the minister stated.

He added, "So while we have to look at crime-fighting ... as a ministry we [also] have to look at prevention of crime, and so we believe that tackling crime is multifaceted. And you have to look at it from a variety of angles. Not just social but economic ..."

(source: stlucianewsonline.com)








MALAYSIA:

Govt proposes to allow court to decide on mandatory death in drug offences



The Government has proposed to revert to the original position of the Dangerous Drugs Act 1952 which will allow the court to decide a punishment of either death or life imprisonment with whipping.

Under the Act currently, any person convicted of trafficking in dangerous drugs shall be punished with death under Section 39B.

The section was first included via an amendment to the Act in 1975.

The amendment originally stated that a person convicted shall receive either death or life imprisonment together with whipping.

However, the law was amended in 1983 to remove the judicial discretion and to provide for only the mandatory death penalty.

In the latest proposed amendments, the Government is seeking to amend subsection 39B(2) of the Act to empower a court to impose a punishment of death or imprisonment for life and whipping of not less than 15 strokes for the offence of drug trafficking.

"However, in imposing the punishment of imprisonment for life and whipping of not less than 15 strokes, the court may regard only any of the circumstances specified," reads the Bill.

The Bill was tabled for first reading by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said on Thursday (Nov 23).

The proposed circumstances specified include if there was no evidence of a person buying and selling a dangerous drug at the time when the person convicted was arrested.

It should also be proven that there was no involvement of an agent provocateur or the that involvement of the person convicted is restricted to transporting, carrying, sending or delivering a dangerous drug; and the Public Prosecutor certifies in writing to the court that the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside the country.

(source: thestar.com.my)



INDIA:

Sentencing in Kopardi rape-murder case on November 29



A special court in Ahmednagar on Wednesday has reserved the much-anticipated judgement in the infamous Kopardi rape-murder case till November 29.

The Special Public Prosecutor Ujjwal Nikam, made his concluding arguments on Wednesday in which he urged the court to award death sentence to the 3 convicts - Jitendra Shinde (25), Santosh Bhaval (36) and Nitin Bhailume (26) - given the gory and brutal nature of the crime committed last July.

When the court convened at 11.a.m., advocate Balasaheb Khopade, lawyer for Bhaval, said, "It is a highly unfortunate incident, but Santosh Bhaval has not committed the crime. Yet, he has been falsely implicated and the evidence was fabricated ... no witness saw him leaving the crime scene."

Mr. Nikam, who began his summation following Mr. Khopade's defence, argued that the accused deserved capital punishment.

He said that the convicted "remained unrepentant of their crime" before and after the tragedy.

"Jitendra Shinde had accosted the victim even before the day of the actual crime, engaging in improper conduct much to the mirth of Bhaval and Bhailume, who were laughing when Shinde grabbed the girl by the hand ... Later, on July 13, when the victim set out on her bicycle towards her grandfather's home, 2 of the accused had kept a watch on her on their bike," Mr. Nikam said.

He argued that Shinde had shown no remorse after the crime, and it was "highly unlikely that Bhaval and Bhailume, who had actively abetted in the crime, would show signs of rehabilitation even if their sentence were mitigated".

"Going by their disposition and behaviour, there is no guarantee that the convicted will not commit a similar crime in the future. Hence, all 3 deserve the death penalty," Mr. Nikam argued.

On Tuesday, defence counsel had concluded arguments for Shinde and Bhailume, pleading for mitigation of their sentences.

The case, which has been closely tracked by political parties and social outfits, had acquired a peculiar urgency owing to the potentially explosive nature of the crime in creating acute social divisions.

The incident had been likened to the 2012 Nirbhaya rape case in the extent of its brutality, with medical reports suggesting that violence of a particularly feral nature was wreaked on the minor victim.

(source: thehindu.com)








BANGLADESH:

Gazipur court sentences man to death for wife's murder



A Gazipur court has sentenced a man to death for the murder of his wife.

The Gazipur District and Sessions Judge's Court declared the verdict in the 2015 case on Thursday.

The court also fined the convict Tk 10,000.

It also sentenced him to 5 years in prison and a Tk 5,000 fine in a separate charge. A failure to pay the fine carries a penalty of another additional month in prison.

The convict is Md Ainal Haque, 35, who was present in court to hear the verdict.

According to Public Prosecutor Haris Uddin Ahmed, local police went to investigate the death of Anwara Begum in 2015. Though her body had burned, the investigators found inconsistencies in the testimonies of her husband Ainal and Ainal's brother Amzad Hossain, and detained them.

SI Md Rafiqul Islam filed a case against the 2 brothers over the murder, Ahmed said. The case accused them of strangling Anwara over a property dispute. They then poured petrol on the body and burned it, hoping to throw investigators off the trail.

PID investigated the case and filed charges only against Ainal, said PP Ahmed. The court only ruled on Ainal's involvement.

(source: bdnews24.com)








CHINA:

Letter to Foreign Minister Jean-Yves Le Drian

Re: Human Rights Concerns in China

Dear Minister Le Drian,

Human Rights Watch is an independent international organization that monitors human rights in more than 90 countries around the world. We have been reporting on and advocating solutions to human rights abuses in China for more than 30 years.

We write on the occasion of your forthcoming trip to China, where we urge that you publicly express concern about the deteriorating human rights situation. The broad and sustained attack on human rights that started after President Xi Jinping took power in 2013 showed no signs of abating in 2017. Currently, Human Rights Watch is documenting abusive government policies, including legislating a form of arbitrary detention used for anti-corruption investigations adopted at the Chinese Communist Party's 19th Party Congress; permitting torture and ill-treatment of LGBT people under the guise of "therapy" in state-run and private medical facilities; and using a range of new technologies including "big data" to increasingly surveil the country's population, among many other serious human rights violations.

We note President Emmanuel Macron's August 30 remarks regarding the bilateral relationship: "Our diplomatic and economic exchanges with ... China cannot justify concealing human rights issues behind a veil of modesty. Otherwise, we would be betraying ourselves." While France has important concerns regarding, for example, China's engagement in global issues like climate change, that is no justification for France to ignore human rights and fundamental freedoms in China. Promoting China's path toward becoming a rights-respecting country will require sustained and vigorous action in support of international human rights law and norms.

Human Rights Watch appreciates France's efforts to encourage China to end the death penalty, and to publicly note the death of 2010 Nobel Peace Prize winner Liu Xiaobo in July 2017. While in China, we urge that you publicly call for the release of Liu's widow, Liu Xia, who was forcibly disappeared by authorities after his death, and who is reportedly suffering from depression and a heart condition. We also ask that you publicly condemn the continued enforced disappearances of rights lawyers Gao Zhisheng and Wang Quanzhang.

In recent years Human Rights Watch has increasingly documented the ways in which the Chinese government has sought to undermine or manipulate international institutions charged with key human rights responsibilities. In September, we published a report on Chinese efforts to weaken key United Nations human rights mechanisms, including the Universal Periodic Review, before which China is again slated to appear in 2018. We have also expressed profound concerns about China???s potential to abuse Interpol's "red notice" system, as a senior Chinese security official has ascended to a top slot in that organization. And we have analyzed the lack of accountability mechanisms in the Asian Infrastructure Investment Bank (AIIB), which can have a profound impact on human rights.

Given France's strong support for multilateralism, we urge that you publicly call on China to end its efforts to weaken UN human rights scrutiny of China, and ensure that global policing and economic development efforts conform to international standards. As China seeks to extend its presence globally, what is at stake are not only the human rights of people inside China, but increasingly, those of people around the globe that countries such as France have championed.

Finally, we are gravely concerned about France's cooperation with China on law enforcement. Human Rights Watch has for decades documented serious human rights violations committed by China's police and security apparatus, both inside and outside China. We have also reported on violations in the context of China's anti-corruption campaign, including the global pursuit of allegedly corrupt officials. We are extremely concerned about so-called voluntary repatriations of Chinese nationals from France to China; it remains unclear whether those being sent back have had an adequate opportunity to contest their deportation, or whether French authorities are giving consideration to the likelihood of ill-treatment upon return. We are particularly concerned about the case of Zheng Ning, whom Chinese authorities compelled to return from France in February apparently without the knowledge or cooperation of French police. We urge that while you are in China you inform your Chinese counterparts that France will undertake a thorough review of all law enforcement cooperation with a view toward suspending it in areas where China appears unwilling to abide by established international human rights protections.

We wish you a successful trip and are available to discuss these and other China issues at your convenience.

Sincerely,

Benedicte Jeannerod

France Director

Human Rights Watch

Sophie Richardson

China Director

Human Rights Watch

(source: hrw.org)








INDONESIA:

Mastermind of Bengkalis murder sentenced to death



The Bengkalis District Court in Riau has sentenced to death the mastermind behind the killing of a man whose body was found mutilated on Rupat Island in March.

Heriyanto, 28, was found guilty on Thursday for the premeditated murder of Bayu Santoso.

His accomplices, 29-year-old Andrian (also known as Gondrong) and 25-year-old Ali Akbar (also known as Barok), were sentenced to life and 20 years' imprisonment, respectively.

Andrian reportedly received a harsher punishment for participating in stabbing the victim.

While reading out the verdict, presiding judge Sutarno said that Heriyanto had carefully planned Bayu's death, then mutilated his body to hide the crime - an aggravating factor that lead to a harsher sentence for Heriyanto.

"Evidence introduced in the hearings showed that the defendant changed his plan several times to ensure that the murder would not be easily uncovered," Sutarno said in a hearing on Wednesday afternoon.

Bayu was killed in a local pool hall on March 24 after Heriyanto grew suspicious that Bayu would report him and his narcotics business to the police.

The 3 men reportedly consumed crystal methamphetamine prior to stabbing the victim to death.

The murder came to light after a traumatized Adrian reported the incident to the police 2 days later.

Heriyanto was arrested in Jakarta 4 days after the crime.

(source: The Jakarta Post)








TRINIDAD:

30 years in jail for taxi driver's murder



10 years after he was sentenced to death for murdering a taxi driver, 43-year old Donald David had his sentence varied to 30 years in jail yesterday.

David, however, will only serve 14 years, 8 months and 24 days in prison as the time he has already spent in custody was deducted from the sentence.

The Appeal Court, in 2013, dismissed David's appeal but sent the matter back to the High Court for the prisoner to be sentenced based on the murder-felony rule.

Under the felony murder rule, judges are given the discretion to waive the mandatory death penalty in circumstances where the victim is killed during the commission of a lesser criminal offence - in this case, robbery.

David was convicted on February 1, 2007, of the murder of Ramesh Seelochan and sentenced to death by hanging.

Recalling the facts in the case, Justice Carla Brown-Antoine presiding in the San Fernando First Court said on August 8, 2002, David went to the home of his good friend, Willis Romeo, at Britto Trace, Brothers Road and asked him to accompany him to Tabaquite to check some girls.

David, who had a knapsack on his back, told Romeo that Seelochan would take them there. Seelochan picked them up at Britto Trace junction in his gold coloured B-13 car and they headed to Brothers Road, Tabaquite.

Along the way, David, who was in the back seat, announced a holdup. Romeo, who was in the front passenger seat, turned around and saw David pointing a gun at his face. David ordered Seelochan to stop the car just before the WASA pumping station and told the men to exit the vehicle. He directed them to a nearby bushy area.

David ordered Romeo to take $200 Seelochan had in his possession and hand it over.

Seelochan pleaded for his life, saying, "Please don't kill me, don't shoot me, I will do anything you want."

David then ordered Romeo to use Seelochan's shoe lacings to tie his hands behind his back.

Seelochan continued begging for his life. Romeo ran off towards the road, and about 4 to 5 seconds later he heard a gunshot. David caught up with Romeo and ordered him to get into the car and drive. Romeo drove to a forested area known as Cats Hill. There, David lit the car on fire and both men left the scene by taxi. David paid the fare.

Romeo got home around 7 pm. On August 11, 2002, the same day Seelochan's body was found. He contacted the police and went to the Rio Claro Police Station where he gave a statement and took the police to the scene where the car was burnt. He was subsequently released. David was arrested on August 15, 2002, hours before he boarded a flight to Grenada.

In passing sentence, Brown-Antoine described the killing as senseless.

She said according to the bio-social report, David might be saddened by the loss of life he has not fully accepted liability. State attorneys Stacy Laloo-Chung and Shabaana Shah prosecuted while David was represented by attorney Rekha Ramjit.

(source: Trinidad Guardian)
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