Aug. 2
VATICAN CITY/GLOBAL:
Pope Declares Death Penalty Inadmissible in All Cases
Pope Francis has declared the death penalty inadmissible in all cases "because
it is an attack on the inviolability and dignity of the person," the Vatican
announced on Thursday, in a shift in Roman Catholic teaching on the issue.
Francis, who has spoken out against capital punishment before - including in
2015 in an address to Congress - added the change to the Catechism of the
Catholic Church - the compendium of Catholic beliefs.
The pontiff, who is the spiritual leader of 1.2 billion Catholics, said the
church would work "with determination" for the abolition of capital punishment
worldwide.
Previously, the catechism allowed the death penalty in some cases, if it was
"the only practicable way to defend the lives of human beings effectively
against the aggressor," even if in reality "cases of absolute necessity for
suppression of the offender today are very rare, if not practically
noneexistent."
The new formal teaching acknowledges that there are new ways to protect
society. "There is an increasing awareness that the dignity of the person is
not lost even after the commission of very serious crimes," it says.
"In addition, a new understanding has emerged of the significance of penal
sanctions imposed by the state. Lastly, more effective systems of detention
have been developed, which ensure the due protection of citizens but, at the
same time, do not definitively deprive the guilty of the possibility of
redemption."
Abolishing the death penalty has clearly been one of Francis' top priorities
for many years, along with saving the environment and caring for immigrants and
refugees. He mentioned it in his address to the American Congress on his trip
to the United States in 2015, saying that "from the beginning of my ministry"
he had been led "to advocate at different levels for the global abolition of
the death penalty."
He added, "I am convinced that this way is the best, since every life is
sacred, every human person is endowed with an inalienable dignity, and society
can only benefit from the rehabilitation of those convicted of crimes."
On that trip, Francis made a point of going to a prison in Pennsylvania and
meeting with a few prisoners and their families.
He wrote a detailed letter in 2015 to the International Commission against the
death penalty, arguing that capital punishment "does not render justice to the
victims, but rather fosters vengeance."
In it, he made 2 arguments that specifically spoke to the American context: The
death penalty is illegitimate because many convictions have later been found to
be in error and have been overturned, and because executions of prisoners in
some states have been badly botched.
(source: New York Times)
SRI LANKA:
Executing certain category of convicts absurd: JO
The Government's selective approach towards the implementation of the death
penalty on a certain category of convicted criminals was absurd, the Joint
Opposition yesterday said.
Addressing a news briefing, Professor G.L. Peiris said the President declared
that the convicts who were sentenced to death for drug trafficking and still
continue to traffic drugs from inside the prison would be executed.
"However, there was a notable case where a drug smuggler conspired and
assassinated a High Court Judge who was hearing his case.
"The drug smuggler was later sentenced to death on charges of the killing of
the Judge but not on drug smuggling.
"If the Government goes ahead with executing convicted drug smugglers, this
convict will not be hanged," he said.
He said Justice Minister Thalatha Atukorala had said recently that the
Government has not come to a final decision yet on implementing the death
penalty.
"This shows that the policies of the Government are being made based on sudden
thoughts. There is no content policy-making process," he said.
(source: Daily Mirror)
TURKEY:
Turkish leader vows death penalty after bomb kills mom, baby
Turkey could move soon to reinstate the death penalty, President Recep Tayyip
Erdogan said Wednesday while attending the funeral of a young mother and her
infant son who were killed by a roadside bomb.
Turkish authorities have blamed Tuesday's attack near the borders of Iran and
Iraq on Kurdish rebels. They said the mother and child were targeted with an
improvised explosive device on a road near the town of Yuksekova.
The 24-year-old woman was driving back from visiting her husband, a sergeant in
the Turkish army, with her 11-month-old son. She died instantly, while the baby
died in a hospital.
Erdogan, who flew to the central Turkish city of Sivas to attend the funeral,
vowed to press ahead with the fight against the outlawed Kurdistan Workers'
Party "until the last terrorist remains."
Responding to mourners' shouts calling for the death penalty, Erdogan
reiterated that he would not hesitate to approve capital punishment if Turkey's
Parliament passed a law authorizing it.
"The steps that we will take on the issue are close," the president said.
Turkey has not executed anyone since 1984. The country abolished the death
penalty in 2004 as part of its bid to join the European Union.
The rebels of the Kurdistan Workers' Party, or PKK, have waged a three-decade
old insurgency in Turkey's mostly Kurdish southeast region. The conflict has
killed tens of thousands of people.
The group is considered a terror organization by Turkey and its Western allies.
(source: Associated Press)
KENYA:
Killing the death penalty
Prisoners on death row and those serving life sentences could be handed a
lifeline if recommendations by a task force are implemented.
More than 7,700 prisoners have been sentenced to die or are serving life
sentences.
The Task Force on Review of the Mandatory Nature of the Death Penalty has
recommended changes to the Penal Code, the Prisons Act and the Kenya Defence
Forces Act.
This could lead to the reviewing of 838 death sentences, 6,938 life sentences
and the sentences of 2,747 inmates, whose death sentences were commuted to life
imprisonment in 2016.
(source: The Star)
IRAN:
IRGC-Affiliated Media Trying to "Prepare Public Opinion" For Execution of
Kurdish Man
Relatives of Ramin Hossein Panahi, a Kurdish man on death row in Iran, have
raised concerns that his chances of imminent execution have increased since
several soldiers of the Islamic Revolutionary Guard Corps (IRGC) were killed in
late July 2018.
"The security situation in the Kurdistan region has been very tense because of
the armed confrontation with PJAK and the deaths of border guardsmen," a source
close to the family told the Center for Human Rights in Iran (CHRI) on July 31.
"The Islamic Republic usually tries to impose calm by carrying out executions,
and for the past few weeks, some sites run by the IRGC and the Intelligence
Ministry have been publishing articles every day in order to justify Ramin???s
death sentence," said the source who spoke on condition of anonymity due to the
fear of reprisals for speaking publicly about the case.
"It seems they are trying to prepare public opinion for his execution," added
the source.
On July 21, 2018, a militant group known as the Kurdistan Free Life Party
(PJAK) claimed responsibility for the killings of at least 10 soldiers
belonging to the IRGC in the city of Marivan in Iran???s Kurdistan Province.
Since then, a number of news outlets affiliated with the IRGC, the judiciary,
and the security establishment have launched a propaganda campaign against
Panahi, stating he deserves to be hanged for the alleged "terrorist"
activities.
In April 2018, Iran's Supreme Court upheld Panahi's death sentence for his
membership in the outlawed Kurdish nationalist group, Komala, and for allegedly
drawing a weapon in a clash with IRGC agents.
Panahi insists he did not participate in any armed action nor did he reach for
a weapon.
On July 23, 2 days after the deaths of the IRGC soldiers, Mashregh, a website
affiliated with the IRGC, claimed Panahi had confessed to firing 30 bullets at
IRGC agents before running out of ammunition and getting arrested in June 2017.
"These sites repeatedly mention his Komala membership and publish photos of him
inside a Komala camp," the source told CHRI. "No one has denied that he was a
member of Komala but the issue is that he did not reach for a weapon. He was
not armed."
UN human rights experts have called for his death sentence to be annulled in
light of legal concerns about the handling of his case, including reports that
Panahi had been tortured, denied access to a lawyer and medical care, and that
he had been held incommunicado.
Since his death sentence was upheld in April 2018, Panahi has been moved back
and forth between solitary confinement and the public ward of the Central
Prison in Sanandaj, creating the impression that his execution was imminent.
(source: Iran Human Rights)
***************
Iran death penalty charges in economic crisis 'breach international law':
Amnesty
At least 29 people have been arrested for "economic disruption," Iranian
officials announced last weekend, with many facing charges that carry the death
penalty.
Amnesty International on Wednesday expressed "alarm" over the arrests, saying
that the application of the death penalty for non-violent crimes would be "in
direct breach of international law."
The plunging value of the Iranian currency and worsening economic situation has
prompted a string of public protests this year. In an apparent attempt to be
seen to be tackling the crisis, officials announced dozens of arrests and
blamed unnamed "enemies" for the rial's decline.
"Amnesty International is alarmed at the judiciary's announcement that it has
charged individuals arrested in relation to the country's economy and currency
crisis with 'corruption on earth' (efsad-e fel arz), which incurs the death
penalty," an Amnesty spokesperson told Arab News.
"This would be in direct breach of international law, which restricts the use
of the death penalty to only the 'most serious crimes' - those involving
intentional killing. Amnesty International's research has shown that basic fair
trial guarantees are absent in death penalty cases in Iran."
The statement follows warnings from other campaign groups over the human-rights
situation in Iran.
"In recent weeks and months we've had many protests," Mahmood Amiry-Moghaddam,
spokesman for the Oslo-based Iran Human Rights group, told Arab News on
Tuesday.
"Human rights are suffering ... and every day they suffer more. Iran is among
the biggest violators of human rights in the world today."
Harvard scholar and Iranian affairs expert Dr. Majid Rafizadeh said that the
arrests connected to the economic crisis amounted to a PR exercise by the
Iranian government.<
"The arrests by the regime are mostly cosmetic actions aimed at projecting that
the Islamic Republic is taking actions to address corruption and address
people's grievances," he said.
"The regime is also trying to point (the) finger at some individuals rather
than on the systematic financial corruption within the political
establishment." Amid widespread public anger, demonstrations spread to the
historic city of Isfahan on Tuesday, with protesters demanding an end to the
Iranian regime's costly interference in the affairs of neighboring countries in
the region.
Video footage showed hundreds of protesters shouting: "No to Gaza, no to
Lebanon, my soul is Iran's redemption." The slogan refers to Tehran's military
adventures in Syria, Iraq and Lebanon, at the expense of the domestic economy.
"The protests in Isfahan are significant because they highlight people's
ongoing and growing outrage and frustration with the theocratic establishment,
as the economy is in shambles," said Rafizadeh. "Despite the regime's
crackdown, people continue to take to streets as they can't make ends meet."
(source: Arab News)
*************************************
Website Manager on Death-row, Transferred to the Solitary Confinement
Mohammad Hossein Maleki, sentenced to death by the Revolutionary Court on the
charge of "corruption on earth" through the sale of CCcam and "unlocking
satellite channels", was transferred to the solitary confinement on Sunday,
July 29.
According to a close source, on Sunday, July 29. Mohammad Hossein Maleki, the
manager of Asre-Javan website and its Telegram channel who is held at Dastgerd
Prison in Isfahan, was transferred to the solitary confinement.
One of Maleki's relatives told IHR, "Mohammad Hossein Maleki is probably sent
to the solitary confinement in order to be put under pressure and make a forced
confession. Over the last few days, Maleki's family and lawyer were pressured
because of passing on the information to human rights institutes."
While expressing its concern, Iran Human Rights warns about the illegal
pressure that is put on this prisoner because of making his unfair verdict
known to the public and emphasizes that any confession that is obtained from
him is illegal.
Mohammad Hossein Maleki, known as Aryan, 47, from Isfahan, was arrested by the
agents of the Ministry of Intelligence on March 1, 2017, and was sentenced to
"corruption on earth through organized activities regarding the sale of CCcam
and several satellite accounts" at Branch 2 of the Revolutionary Court of
Isfahan. In the early stages of the investigation, the interrogator had ordered
for suspension of prosecution for Mohammad Hossein Maleki, however, the
prosecutor objected the order and the case was sent to the Revolutionary Court
of Tehran, and then to the Supreme Court, and finally to Branch 2 of the
Revolutionary Court of Isfahan.
He was also sentenced to a fine of 10 million Rials on the charge of "using
satellite reception equipment" by Branch 101 of Shahin Shahr Court.
(source: Iran Human Rights)
INDIA:
Man gets death, another life term for teacher's rape-murder
A fast-track court on Wednesday awarded death penalty to 1 and life
imprisonment to another in rape and murder of a 58-year-old teacher in the
Jamunamukh area of Hojai district in Central Assam.
The probe into the case was even monitored by the PMO after it triggered mass
protests in the state. The Court of Additional District and Session Judge in
Hojai awarded death penalty to Mainul Hoque and life imprisonment to Selimuddin
without any provision for parole. The court also imposed fine of Rs 20,000 each
on the 2.
The teacher was accosted and murdered by the duo on May 31, 2017, when she was
returning home after taking classes in the Lower Primary School where she had
been working for years. The accused threw her body into the Kopili river. After
the incident evoked mass protests, CM Sarbananda Sonowal sent a high-level team
to help in the investigation.
(source: tribuneindia.com)
*****************************************
Madhya Pradesh to felicitate officials for speedy child rape trials----About 60
officials from prosecution, forensic science laboratory (FSL) and police
departments have been invited to the chief minister's residence on Friday for
the felicitation.
From February 28 to July 27 this year, 7 convicts were awarded death sentences
in Katni, Dhar, Shahdol, Sagar and Indore districts. Officials from Mandsaur
and Satna districts have also been called to the state capital.
After becoming the 1st state to pass a law awarding death penalty for rape of
girls aged below 12 years, the Madhya Pradesh government has decided to
felicitate the officials involved in such trials in which the death penalty was
awarded.
About 60 officials from prosecution, forensic science laboratory (FSL) and
police departments have been invited to the chief minister's residence on
Friday for the felicitation.
Additional director general (women cell) Anvesh Mangal said that officials,
including investigating officers and their supervisors, will be handed over
certificates of appreciation.
From February 28 to July 27 this year, 7 convicts were awarded death sentences
in Katni, Dhar, Shahdol, Sagar and Indore districts. Officials from Mandsaur
and Satna districts have also been called to the state capital.
After protests over rape of minors in the state, the home and police
departments are regularly monitoring all such cases. While reviewing the law
and order situation on July 10, Chouhan had asked top officials of home and
police departments to ensure that death penalty is awarded to those convicted
of raping minor girls.
(source: indianexpress.com)
***********************
Death for Child Rape" - Lok Sabha Passes the Bill
The Lok Sabha passed a Criminal Law (Amendment) Bill by a voice note on Monday,
30th July 2018 making the offence of raping a girl below the age of 12 years
punishable with death. The aim of this bill is to bring some new amendments in
the provisions of Indian Penal Code (IPC), Code of Criminal Procedure, The
Indian Evidence Act and also, in the POCSO (Protection of Children from Sexual
Offences) Act. The new bill has also replaced the earlier ordinance which was
bought in the picture by the Central Government in the incident of Kathua rape
and murder case. In April 2018, a minor 8-year-old girl 'Asifa Bano' was
abducted and brutally raped then murdered, the incident shook the whole nation
and there was immense need of laws for such monsters.
Recent Amendments in Indian Penal Code
10-years imprisonment for rape: Before this amendment, the punishment for rape
of women provided under Section 376(1) of IPC was 7 years, but now it's sought
to be 10 years and also, the punishment may be extended to life imprisonment.
Punishment for Rape of child below 16 years of age: Now, a new subsection (3)
is sought to be added in Section 376 which makes the offence of raping a girl
below 16 years, punishable with imprisonment for a minimum period of 20 years,
also the punishment may extend up to life imprisonment.
Death penalty: The new amendment focuses on inserting Section 376 DB which
makes the gang rape of a girl below 12 years of age punishable with the death
penalty.
Further, the previous existing sections 228A is sought to be amended to include
the offences such as 'bar of disclosure of victim's identity' in cases of
Section 376(3), 376 DA, and 376 DB.
Also, the amendment needs to be made in the section 166A of Indian Penal Code
to provide for punishment to Public Servants whosoever fails in registering
complaints in the cases of newly inserted sections.
Amendments to the Code of Criminal Procedure
As per new sub (1A) that is sought to be included in Section 173 of the CrPC,
investigation in the newly inserted sections is to be completed within a period
of 2 months from the date of the complaint.
Section 438 of the CrPC is likely to be amended, which grants for anticipatory
bail. As per the new amendments made in the criminal laws, no anticipatory bail
can be granted to the person for the new offences inserted in the law.
Now, even the regular bail applications that are being filed under Section 439
of CrPC will only be heard after the period of 15 days, by giving notice to the
Public Prosecutor.
To clarify the nature of newly inserted offences which are non-bailable and
cognizable, and are to be tried by the Session???s Court; the First Schedule of
the Code of Criminal Procedure needs to be amended.
Under the Evidence Act, Sections A is sought to be amended so as to include the
newly inserted sections.
Most of the members of the Lok Sabha supported the Bill, but few points were
raised by Pinaki Misra, BJD MP. According to the MP, "The newly created
offences should be gender neutral, which means same punishment to be given to
the offenders who commit the crime on boys under the age of 16 or 12 years.
Doing so will attract lesser punishments under the POCSO Act. He also suggested
that the bill be should be sent to the Selection Committee for any further
examination."
(source: myadvo.in)
******************
Gang rape of 11-year-old: Family wants death penalty for all 17 accused men
Slogans against rape and child abuse rent the air as hundreds came together at
Valluvar Kottam on Tuesday evening to condemn the brutal gang rape of a
11-year-old over a period of 7 months.
While the girl's sister and father demanded that all the rapists be hanged,
other protesters chanted, 'we condemn rape', 'rise up against sexual violence',
and 'fight back now, don't wait until your daughter and sisters are raped'. The
child's sister said she was hoping for a speedy trial in the case and maximum
punishment for the rapists.
She said the child is still recovering and has not returned to school.
"It will take a while for her to cope with the trauma. The girl is being given
regular couselling," she said, adding that she decided to participate in the
event to create awareness and help prevent such incidents in the future.
Upset over some people blaming the family members for being negligent and not
spotting behavioural changes in the girl, another relative said the men
targeted the girl when she returned from school and when she went down to play
inside the apartment complex.
"The family did not expect this to happen within a gated community," said the
relative.
"When even adults are wary of confronting sexual predators, it isn't fair to
expect the girl to gather the courage and report the issue to her family, since
she was being threatened by her assaulters to remain silent," he said.
Activists and other families from the apartment complex where the rape occurred
expressed their solidarity with the girl and her family. Several passersby also
joined in and highlighted the need for stringent punishment for those who abuse
children.
The hearing impaired child was assaulted by at least 17 men who drugged her
with injections, spiked soft drinks and other substances.
The incident came to light when she reported it to her sister on July 15.
(source: The Times of India)
****************************
Bhopal: 5 got death sentence for raping, killing minors in MP in 45 days,
informs ADG prosecution
Enforcement of Capital Punishment Ordinance on April 21, has failed to desist
people from indulging in immoral activities like rape and molestation in the
state. Rapists have been awarded capital punishment in 5 different cases of
minor's rape by courts in the state.
In total, the courts in state have awarded death penalty to rapists in 7 rape
cases. An important bill seeking to provide death penalty to those convicted of
raping girls below the age of 12 years was passed by the Lok Sabha on Monday.
ADG prosecution Rajendra Kumar informed Free Press that bill passed by Lok
Sabha is 1 step ahead in executing capital punishment. Now the bill has to pass
in Rajya Sabha and president of India will approve it before it becomes law.
He said that the state government have passed the bill in state assembly in
which proved for capital punishment for the rapists of girls below age of 12.
He added that many factors are common between the rapists in such cases
including they are alcoholic, take sedatives, watch pornographic content and
belong to low income group or are slum dwellers.
He also informed that the department is monitoring other cases and putting them
in fast track court for speedy disposal. In just 2 1/2 months time 5 men have
been convicted and sentenced to death for raping and killing minors in the
state.
May 12: 26-year-old man gets double death sentence for raping and killing
nephew's 4-month-old daughter in Indore.
May 17: 19-year-old man sentenced to death by a court in Dhar for raping and
killing 4-year-old girl.
July 7: 40-year-old man sentenced to death by a special court in Rehli of Sagar
for raping a 9-year-old girl at a temple on May 21.
July 27: 25-year-old ice-cream seller awarded double death sentence by a
special court in Gwalior district for raping and murdering a 6-year-old girl on
June 20-21 intervening night.
July 27: 33-year-old auto-rickshaw driver sentenced to death by a special court
in Katni for sexually assaulting a 5-year-old school girl on July 4.
May 13: In Shahdol culprit Vinod alias Rahul sentenced for capital punishment
for rape and murder of 4 year old.
In Dhar 4 year old girl was raped and murdered the culprit was sentenced death
penalty.
(source: The Free Press Jounral)
********************
Indian Government Approves Death Penalty for Maritime Piracy - Reports
India's cabinet has approved a bill that will punish piracy at sea with death
penalty or life in prison, local media reported.
The draft law seeks to improve the safety of the nation's navigation after a
rise in attacks on vessels along critical sea routes, official sources told the
NDTV television.
The Indian authorities are bringing the law as a part of commitment made by
India while signing the United Nations Convention on the Law of the Sea
(UNCLOS) in 1982, NDTV reported. The UNCLOS was ratified by India in 1995.
India has reportedly been working since last year on boosting maritime patrols
on key sea lanes. Its Navy has been increasingly protecting Indian sea traffic
and crews in the Indian Ocean.
In 2015, Indian Defense Ministry said that Somalian pirates were relocating
their operations from the Gulf of Aden near the coast of Somalia closer to
India.
Last year, Somalian pirates reportedly captured an Indian cargo ship with 11
crew members aboard en route from Dubai to Yemen.
Somalia has been plagued by civil war since 1991. Years of lawlessness and
corruption have provided local pirates with ample opportunities, hijacking
international ships for ransom with relative impunity.
(soruce: sputniknews.com)
AUSTRALIA/MALAYSIA:
DPM: Malaysia needs to 'look into capital punishment' before requesting to
extradite Sirul
Malaysia needs to look into its capital punishment laws, before making an
application to extradite, Sirul Azhar Umar who is being detained in Australia.
Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail said this to
reporters at the parliament lobby, here, today.
She said the government has not "specifically discussed about Sirul's case at
this moment".
Australia's Foreign Affairs Minister Julie Bishop who is on a working visit
here, said today that there has been no application for extradition of
convicted killer and former policeman Sirul Azhar from Malaysia.
Bishop reiterated that before Australia received any application from the
Malaysian government, it was inappropriate for her to speculate.
Bishop further said further discussion needed to be held on Malaysia's
intention to consider the abolishment of the death penalty.
"This is a position that Australia has held for some time... we oppose the
death penalty both at home and abroad, in fact we advocate strongly for the
abolishment of the death penalty.
"We are on the United Nations' human rights council now and the abolishment of
death penalty is one of the pillars of their advocacy.
"Sirul is currently being held at the Australia Immigration Detention. As the
Prime Minister Tun Dr Mahathir Mohamad said recently, Malaysia has not made any
extradition application.
"It would be inappropriate for me to speculate until such time as Malaysia
makes an application for extradition under existing treaty between the two
countries," she said during a press conference after paying Wan Azizah a
courtesy visit at the Parliament building this morning.
(source: New Straits Times)
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