Feb. 28
PAKISTAN:
Malayalam film's cast, crew sentenced to death under Pakistan's blasphemy laws
In a shocking development, the entire cast including the 'wink girl' Priya
Prakash Varrier and Muslim co-stars like Roshan Abdul Rahoof as well as the
production team headed by Muslim director Omar Lulu have been sentenced to
death under Pakistan's blasphemy laws.
In proceedings held here in an Anti-Terrorism Court (ATC) in Lahore, everyone
behind the said film was prosecuted by the state after country's spiritual
leaders Molvi Khadim Peervi and Hakim Saeed jointly moved the court.
The film in question featured a Malayalam folk song "Manikya Malayara Poovi'
which the spiritual leaders said was extremely blasphemous.
Unfortunately none of the defendants could stand trial because the greatest
enemy of Islamic fort that is Pakistan refused to hand over the suspects to
Pakistan. This is why the court held the trial-in-absentia. The defendants were
given public defenders as lawyers but they refused to represent the defendants
saying their conscience and love for Islam didn't allow them to represent
blasphemers.
"Alhumdulillah, justice has been served today," the special prosecutor said.
"We have sent a strong message to the world that Pakistan is a fort of Islam
and we can rule against anyone who commits blasphemy no matter where they are
in the world."
The Federal Investigation Agency (FIA) special investigator said it's
unfortunate the 'arch-enemy' of Islam, India didn't hand over the over
100-member cast and crew of the film. He added that he would have made the
defendants sodomise their siblings and then each other during the investigation
to prove how much he loved his faith.
"Who cares if the world calls me a pervert with deeply repressed sexuality," he
said. "This blasphemous world has come up with these new terminologies such as
pervert and creep." The special investigator said he wasn't being a pervert for
his own sake but for the sake of punishing the blasphemers.
When this reporter asked them about the fact that the song in question was
written and composed by the Muslims and that the Muslims of Indian state Kerala
have been singing this for some 40 years, the spokesperson for all parties-led
grand alliance against the film, Imam Khan said that they would move the
parliament against this and after a grand debate the Muslims of Kerala would be
declared non-Muslims.
"There's no such thing as a progressive Muslim," he said. "If you want to be
progressive, you should be an atheist". He added that for this reason the
progressive Indian state Kerala would be declared non-Muslim by the house.
When asked, the spokesperson of the grand alliance said since Pakistan is the
fort of Islam, every Muslim in the world should take its rulings and decisions
as binding. He said it would be unfortunate if India didn't implement the
decisions of Pakistani parliament and it could trigger a nuclear war.
Imam Khan insisted he is the real liberal person and the ones who have gone
into hiding were fake liberals. He further said that Oru Adaar Love film is a
grand conspiracy against Islam just like the PML-N led committee amending
electoral reforms bill was going to change the anti-Ahmadiyya declaration to
appease foreign masters.
Meanwhile, Imam Khan's ally for the upcoming elections, Tavilul Qadri was seen
chanting 'peace' on a French television network while later that evening, he
was seen taking credit for the blasphemy laws of Pakistan in an interview to a
Pakistani network.
No liberal was available to comment.
Dissident politician Chaudhry Jan-Nisar praised the trial and conviction of the
blasphemers but disagreed on the implementation of the death penalty in
absentia. He said the grand alliance's plan was detrimental to country's
progress, adding that the country should only execute-in-absentia the convicts
after taking United Nations (UN) in confidence.
The execution of the convicted people will be carried out also in absentia on
Eid day - the day the film is being released. "It will be a symbolic
execution," the Attorney General said. "This will send a loud and clear message
to the whole world".
A Punjab Assembly lawmaker, meanwhile, submitted a resolution to carry the
death penalty by stoning-in-absentia. A Senate Committee is also working on
finding the possibility of publicly hanging-in-absentia the convicts.
* if this wasn't utterly clear, it is a satirical piece
(source: Farhan Janjua, The Daily Times)
****************
Doctor's killer awarded death sentence
Additional Sessions Judge Shakeel Ahmed Sipra on Tuesday awarded death penalty
to accused Amanullah of Mananwala in a murder case of Dr Mehmood Aleem,
gynecologist and professor of the Allied Hospital. The court had also ordered
the convict to paying compensation of Rupees 0.2 million to the bereaved
family. The motive behind killing of Dr Mehmood was the divorce which Mehmood's
son Hassan gave to the daughter of Amanullah. To take revenge, Amanullah shot
the doctor dead.
(source: thenews.com.pk)
INDIA:
Rapists of minors to be given death penalty in Haryana----Assault intending to
outrage a woman's modesty will get a minimum term of 2 years
The Haryana government on Tuesday decided to make more stringent existing
criminal laws related to sexual offences against women and children. The
Cabinet meeting, chaired by Chief Minister Manohar Lal Khattar on Tuesday,
decided to make amendments to Sections 376A, 376D, 354 and 354 D(2) of the
Indian Penal Code (IPC).
"In case of rape or gang rape of a girl below 12 years of age, there will be a
punishment of death or rigorous imprisonment of not less than 14 years which
may extend to imprisonment for life - that is for remainder period of person's
natural life," said an official statement.
According to the section introduced under 376AA of the IPC, whoever commits
rape on a girl up to 12 years of age will be punished with death or rigorous
imprisonment for a term which will not be less than 14 years, but which may
extend to imprisonment for the remainder of that person???s natural life and
will also be liable to fine.
Common intention
Another provision made under Section 376D A of IPC, where a girl up to 12 years
of age is raped by 1 or more persons constituting a group or acting in
furtherance of a common intention, each of those persons shall be deemed to
have committed the offence of rape and will be punished with death or rigorous
imprisonment for a term which will not be less than 20 years, but which may
extend to life which will mean imprisonment for the remainder of that person's
natural life, and with fine.
Such a fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim.
Any fine imposed under this section will be paid to the victim, said the
statement.
Apart from this, the Cabinet decided that under Section 354 of the IPC, whoever
assaults or uses criminal force on a woman, intending to outrage or knowing it
to be likely that he will thereby outrage her modesty, shall be punished with
imprisonment of either description for a term which will not be less than 2
years but may extend up to 7 years and shall also liable to fine.
Tough on stalking
Besides, under section 354D (2) of the IPC, whoever commits the offence or
stalking will be punished on 1st conviction with imprisonment of either
description for a term which may extend to 3 years and shall also liable to
fine; and be punished on a 2nd or subsequent conviction, with imprisonment of
either description for a term which will not be less than 3 years, but may
extend to 7 years and will also be liable to fine, the Cabinet decided.
(source: thehindu.com)
EGYPT:
Urgent Action Update: 6 Men to be Executed if Last Appeal Rejected (Egypt: UA
91.16)
On 12 February, the Supreme Military Court postponed the verdict of 6 men
appealing their death sentence to 26 February. If their appeal is rejected, the
men could be executed at any time.
TAKE ACTION----Write a letter, send an email, call, fax or tweet:
Calling on the Egyptian authorities to retry all those convicted in the case
before an ordinary, civilian court, without recourse to the death penalty, and
in proceedings that respect international fair trial standards and exclude
"confessions" and other evidence obtained through torture and other
ill-treatment;
Urging them to establish an official moratorium on executions with a view to
abolishing the death penalty.
Contact these 2 officials by 13 March, 2018:
Defense Minister
Colonel General Sedki Sobhi
Ministry of Defense
23 July St., AlKobba Bridge
Cairo, Arab Republic of Egypt
Email: m...@afmic.gov.eg - OR - m...@afmic.gov.eg
Salutation: Dear Minister
Ambassador Yasser Reda, Embassy of Egypt
3521 International Ct NW
Washington DC 20008
Phone: 202 895 5400
Fax: 202 244 5131
Email: emba...@egyptembassy.net
Contact Form: https://goo.gl/q5EN69 (Click the "Contact Us" button in the
toolbar on the upper right hand side)
Salutation: Dear Ambassador
(source: Amnesty International USA)
BAHRAIN:
22 Bahraini anti-regime activists sentenced to death with 6 losing appeal:
Activist
A Bahraini human rights activist says the Manama regime has already sentenced
nearly 2 dozen political dissidents to death as the ruling Al Khalifah dynasty
presses ahead with its heavy-handed crackdown on pro-democracy campaigners in
the tiny Persian Gulf kingdom.
President of Bahrain Forum for Human Rights Yusuf Rabie, in a post published on
his official Twitter page on Tuesday, stated that Bahraini officials have
handed down death penalties to 22 defendants, six of whom have lost their
appeals.
Rabie then asked the United Nations, the Human Rights Council and relevant
bodies to press the Manama regime in put an end to its use of death penalty
against the dissent.
The report came on the same day that Bahrain's Court of Cassation upheld deaths
sentences against 2 young men, identified as Sayed Ahmed al-Abbar and Husain
Ali Mohamed, over their alleged involvement in an April 2016 attack on regime
forces in the northern village of Karbabad.
A military patrol vehicle was torched in the incident and a security officer
killed.
Human rights activists maintain that the pair's confessions have been obtained
under duress.
The Bahrain Centre for Human Rights has frequently voiced its deep concern over
Al Khalifah regime's continued use of the death penalty in judicial proceeding,
especially those recently issued by the Military Court.
The Center also called on the international community to act urgently to save
civilians sentenced to death.
It further urged the Bahraini regime to stop the trial of civilians in military
courts, and to quash all death sentences issued by military and civilian
courts. PressTV-Bahrain military court sentences 6 dissidents to death
Thousands of anti-regime protesters have held demonstrations in Bahrain on an
almost daily basis ever since a popular uprising began in the country in
mid-February 2011.
They are demanding that the Al Khalifah regime relinquish power and allow a
just system representing all Bahrainis to be established.
Manama has gone to great lengths to clamp down on any sign of dissent. On March
14, 2011, troops from Saudi Arabia and the United Arab Emirates were deployed
to assist Bahrain in its crackdown.
Scores of people have lost their lives and hundreds of others sustained
injuries or got arrested as a result of the Al Khalifah regime's crackdown.
On March 5, 2017, Bahrain's parliament approved the trial of civilians at
military tribunals in a measure blasted by human rights campaigners as being
tantamount to imposition of an undeclared martial law countrywide.
Bahraini monarch King Hamad bin Isa Al Khalifah ratified the constitutional
amendment on April 3 last year.
(source: presstv.com)
IRAN:
Iran justice minister expects fewer executions under revised drug law
Iran's justice minister said on Tuesday a recent reform of its drug laws should
lead to fewer executions after the U.N. Secretary General said he remained
alarmed about their high number - nearly 500 last year.
As Ali Reza Avai addressed the United Nations Human Rights Council, protesters
rallied outside against the senior official who is on European Union and Swiss
sanctions lists over alleged involvement in violations including arbitrary
arrests and a rise in executions while he was president of the Tehran
judiciary.
Avai was a senior judiciary official during the 1980s and the Mujahedin-e
Khalq, an Iranian opposition group, accuses him of playing a role in the
Islamic Republic's execution of thousands of political prisoners in 1988.
Attempts by Reuters to reach the Iranian foreign and justice ministries as well
as its diplomatic mission in Geneva for comment were not successful.
About 100 demonstrators gathered outside the United Nations's European
headquarters in Geneva to protest against Avai's participation in the rights
council session.
Avai told the forum that in Iran, the Islamic penal code and criminal procedure
code had been revised to be more efficient and safeguard the rights of the
accused.
"In this context the counter-narcotics law was amended. As a result, executions
related to drug crimes will decrease remarkably," he said. Iran is 2nd only to
China in its use of the death penalty, Amnesty International said last year.
U.N. Secretary-General Antonio Guterres voiced concern earlier on Tuesday at
the high number of executions in Iran, persistent reports of the use of torture
to coerce confessions, the killing of anti-government protesters last December,
harassment of activists and closures of social media accounts.
Iran carried out at least 482 executions last year, including 5 people
convicted of crimes committed under the age of 18, Guterres said in a report
calling for a moratorium. The executions were mainly for drug-related offences
and murder, and some for "sexual offences".
This compared with 530 executions in 2016, but Guterres said he remained
"alarmed by the high number" of executions and death sentences issued by Iran's
Revolutionary Courts. "Reports that drug offenders are often deprived of basic
due process and fair trial rights continue to be received," his report said.
He also cited continuing reports pointing to "a pattern of physical or mental
pressure applied upon prisoners to coerce confessions, some of them televised."
He added that Iran's penal code continued to allow punishment by flogging
including for drug and alcohol consumption, theft, adultery and mixing of the
sexes in public.
"These sentences can also be imposed on children."
Avai's speech did not address criticism of Iran's human rights record.
(source: euronews.com)
****************
Iranian Criminal Court Sentenced Juvenile Offender to Death on Education
Minister and MP's Recommendation----Case Highlights Violations of Domestic and
International Law and Judiciary's Lack of Independence
A young man who was incarcerated at 15 years of age was sentenced to death in
Iran upon turning 18 - despite the provincial state medical examiner's report
that Mohammad Kalhor was not mentally mature when he allegedly committed
murder.
The Center for Human Rights in Iran (CHRI) has also learned that the Supreme
Court threw out Kalhor's initial 3-year prison sentence and ordered a new trial
resulting in a death sentence after a deputy education minister and an
influential member of Iran's Parliament asked the court to "look after" the
victim's family.
"The case of Mohammad Kalhor is extremely concerning because Iran has yet again
issued a death sentence to a person who was convicted as a juvenile in
violation of international and UN standards," said Hadi Ghaemi, CHRI's
executive director, "It also highlights the Iranian Judiciary's lack of
independence."
According to the International Covenant on Civil and Political Rights (ICCPR)
and Convention on the Rights of the Child, it is illegal to execute someone for
crimes committed under the age of 18. Iran is party to both treaties but
remains 1 among a handful of countries still putting juveniles to death.
According to Article 91 of Iran's Islamic Penal Code, "If mature people under
18-years-old do not realize the nature of the crime committed or its
prohibition, or if there is uncertainty about their full mental development,
according to their age" they can be spared the death penalty.
In September 2016, Branch 2 of the Criminal Court in Lorestan sentenced Kalhor,
who was born in March 1998, to death for murdering his teacher in November
2014. In April 2016, the medical examiner of Lorestan Province determined
Kalhor was not mentally mature when the crime was committed.
"My client was 15 when the murder happened," Kalhor's attorney, Hassan
Aghakhani, told CHRI on February 22, 2018.
"According to the medical examiner's opinion, his action was not based on
reason or logic and he was lacking mental development," he added. "His adviser
in the juvenile reform center also says that he didn't have the mental ability
to understand his action."
The attorney added: "Article 91 of the Islamic Penal Code should be applied to
him but unfortunately, the court has not paid attention to this matter."
Interference with the Judicial Process
Aghaghani told CHRI that his attempts to reverse the death sentence had been
unsuccessful because a deputy education minister and an influential member of
Iran's Parliament had asked the court to "look after" the victim's family.
"We lodged an appeal and made 2 requests [in June and October 2017] for a
judicial review by Branch 33 of the Supreme Court presided by Judge Mohammad
Niazi," Aghaghani said. "But [Judge Niazi] believes in retribution. When it was
time to consider the appeal, unfortunately there was a letter from a deputy
education minister and 2 letters from Alaeddin Boroujerdi, who is the member of
Parliament from Boroujerd [city] and chairman of the Parliamentary Committee
for National Security and Foreign Policy, requesting that the judge to look
after the victim, not the murderer."
Aghakhani continued: "When it was determined that my client did not have
sufficient metal development, we did not expect the political and security
officials to get involved. This kid could have been saved if the law followed a
normal course, without the court being influenced by the political climate, but
unfortunately they interfered in this case."
Kalhor killed his physics teacher, Mohammad Khashkhashi, with a pocket knife
after allegedly being physically attacked for alleged disobedience on November
22, 2014, at the Hafezi High School in Boroujerd, Lorestan Province.
"At the preliminary stage [March 2016], Branch 1 of the Criminal Court in
Lorestan Province sentenced my client to 3 years in prison and ordered him to
pay blood money to the victim's parents," Aghakhani told CHRI.
"But the victim's family appealed the decision [in September 2016] and Branch
31 of the Supreme Court struck down the ruling and ordered a new trial, which
resulted in a death sentence against my client without regard to Article 91 of
the Islamic Penal Code," he added.
According to Islamic law, Diyah, known as "blood money" in English, is paid as
financial compensation to the victim or heirs of a victim in cases of murder,
bodily harm, or property damage.
Kalhor has been held at a juvenile rehabilitation center in Lorestan Province
since November 2014.
Iran is one of the few countries in the world where juvenile offenders continue
to be executed.
In February 2018, the UN rights chief urged Iran to halt executions of
juveniles on death row.
"The execution of juvenile offenders is unequivocally prohibited under
international law, regardless of the circumstances and nature of the crime
committed," the UN high commissioner for human rights, Zeid Ra'ad Al Hussein,
said in a news release on February 16.
According to the Office of the UN High Commissioner for Human Rights (OHCHR),
in January 2018, 3 people - 2 male and 1 female - were executed in Iran for
crimes they committed when they were 15 or 16 years old. A 4th juvenile
offender, who was believed to be on the point of being executed on February 14,
has reportedly received a temporary reprieve of 2 months.
The UN rights chief also noted that several other juvenile offenders are also
believed to be in danger of imminent execution, with a total of some 80 such
individuals reported to be currently on death row in Iran, after being
sentenced to death for crimes they committed when they were under 18.
"Iran should immediately comply with explicit international norms and standards
regarding the rights of children and halt the death sentence against Mohammad
Kahlor and all juvenile defendants," said Ghaemi.
(source: Iran Human Rights)
*********************
Protests Against U.N. Speech by Iran Regime's Minister, Implicated in Mass
Executions
The Iranian community in Switzerland, supporters of the National Council of
Resistance of Iran (NCRI), on Tuesday held a rally in front of the UN
Headquarters in Geneva against Alireza Avaei, Justice Minster of the clerical
regime, at the Human Rights Council.
Avaei has been directly implicated in the massacre of 30,000 political
prisoners, the majority of whom were members and supporters of the main
opposition movement, the People's Mojahedin Organization of Iran (PMOI/MEK), in
1988. He was a member of the Death Commission in Khuzestan Province that sent
many political prisoners, including juveniles, to execution during the
massacre.
Scores of families of victims of the 1988 massacre took part in Tuesday's
protest.
The Geneva protest continued for several hours despite the bitter cold weather.
The protesters waved Iranian flags with the 'lion and sun' insignia.
(source: NCR-Iran)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
