Oct. 11
IRAQ:
Death penalty for Etihad bomb suspect
A former Islamic State commander who allegedly conspired with his Sydney-based
brothers to blow up an Etihad flight has been sentenced to death.
The ABC reported that Tarek Khayat was sentenced by Alrasafah Central Criminal
Court in Baghdad over his role with the terrorist group in Iraq.
The Australian broadcaster said the 48-year-old Lebanese citizen was arrested
in the Syrian city of Raqqa and has 10 days to appeal against his sentence of
death by hanging.
He was not charged over the Etihad plot but Australian Federal Police alleged
last year he directed his brothers in Sydney to plant the bomb on an Etihad
Airbus A380 flying between Sydney and Abu Dhabi in July, 2017.
2 of his brothers, Kahled and Mahmoud, are in custody in Australia awaiting
trial on 2 charges each of planning or preparing to commit a terrorist act.
They have pleaded not guilty and are due to face court next year.
Australian police alleged the brothers tried to get an improvised explosive
device on the plane on July 15 by planting it in the luggage of an unwitting
4th brother, Amer.
The bomb was allegedly concealed in a kitchen meat mincer but the bag
containing it was not checked in because Etihad staff told Amer his bags were
overweight. He then flew out on the plane unaware of the plan, according to the
AFP.
Police alleged the brothers then hatched a second plot to build "a chemical
dispersion device" using toxic hydrogen sulfide gas.
The ABC said Amer was arrested by Lebanese authorities 11 days after arriving
and has been in custody while authorities attempt to determine his involvement
in the alleged plot.
News Corp reported that Tarek Khayat claimed after his sentence was brought
down that he was not involved in the Etihad plan.
(source: airlineratings.com)
LEBABON:
International pressure targets death penalty in Lebanon
French Ambassador Bruno Foucher Wednesday called for Lebanon to formally
abolish capital punishment, at a conference commemorating World Day Against the
Death Penalty.
(source: The Daily Star)
IRAN:
Kurdish political prisoner loses final death sentence appeal
Iran's supreme court has upheld a death sentence given to a Kurdish political
prisoner for providing a dissident party with food and shelter. Hedayat
Abdollahpour, who maintains his innocence, has lost the final stage of his
appeal against the sentence.
The verdict has been announced to his lawyer and family.
Hossein Ahmadi Niaz, the political prisoner's lawyer has confirmed the news.
Hedayat Abdollahpour was first arrested on June 15, 2016, along with 6 other
people. They were charged with providing the Kurdish Democratic Party of Iran
(KDPI) with food and shelter. However, their relatives refuted the accusations
and claimed that the Revolutionary Guards makes up these accusations to
intimidate local Kurds.
In 2016, Hedayat Abdollahpour was sentenced to death for the 1st time, and the
other co-respondents were sentenced to 10 to 25 years in prison by the
Revolutionary Court of Urmia.
Abdollahpour was physically and mentally tortured while in custody, according
to his father, Abubakr Abdollahpour.
"He's been under torture the whole time, but he is innocent. Our son never
collaborated with the democrat party," he said.
On January 18, 2018, Hedayat Abdollapour was for the 2nd time sentenced to
death by Urmia Revolutionary Court on charge of "cooperation with a Kurdish
opposition party."
*******************
More Than 207 Executed Since the Beginning of the Year in Iran
According to statistics department of Iran Human Rights (IHR), Iranian
authorities have executed 207 prisoners including 5 juvenile offenders between
January 1 and October 10, 2018. This report is being published on the occasion
of the 16th World Day Against the Death Penalty, which aims at raising
awareness on the inhumane living conditions of people sentenced to death.
This year we celebrate World Day Against the Death Penalty while several human
rights activists are in prison for their peaceful activities against the death
penalty in Iran. Atena Daemi, Narges Mohammadi and Nasrin Sotoudeh are among
them and are held in women ward at the Evin prison in Tehran.
On this day, Iran Human Rights (IHR) urges the civil society institutions as
well as Iranian citizens to join the abolitionists' movement. IHR also calls on
the international community to demand an unconditional end to juvenile and
public executions and immediate release of imprisoned anti-death penalty
activists. "These demands must be on top of the agenda in the bilateral and
multilateral dialogue between the members of the international community and
the Iranian authorities," said IHR's director, Mahmood Amiry-Moghaddam. He
continued: "The death penalty is an inhumane punishment that dictators use to
spread fear among the people in order to continue their rule. This inhumane
punishment must not be tolerated by the international community".
According to reports by IHR, so far in 2018, at least 207 prisoners have been
executed in Iran but only 75 cases were announced by the official Iranian
media. 20 prisoners, including three Kurdish political prisoners have been
executed on Moharebeh (waging war against God) charges, 8 on drug-related
charges, 155 on murder charges (qisas or retribution in kind) and 21 for rape.
In the same period of time in 2017, 437 execution were registered by the IHR
statistics department, 221 of which for drug offenses.
Reduction in the number of drug-related executions form 221 in 2017 to 78 in
2018 is the main reason for the relative decrease in the number of executions
in 2018 compared with those of 2017. The new amendment to Iranian Anti-drug law
which was enforced on November 14, 2017, has led to a significant decrease in
the number of drug-related executions.
However, Iranian authorities continue executions for other charges and Iran
remains the biggest executioner of juvenile offenders also this year.
Most of the juveniles executed by the Iranian authorities are charged with
murder. According to the Iranian Islamic Penal Code, murder is punishable by
qisas (retribution in kind). Iranian authorities use Islam as a pretext to
continue the execution of juvenile offenders and consider any objection against
the death penalty as the protest against Islam.
In 2013, Sadeq Larijani, head of the judicial system of Iran, said, "as per our
previous announcements, most of the claims about violation of human rights in
Iran, including opposition against the death penalty, is indeed opposition to
Islam. Qisas (retribution in kind) is the direct order of Quran."
Iran is among the few countries in the world that issues the execution verdict
for minors. So far in 2018 at least 5 juvenile offenders have been executed in
different Iranian prisons. Iran Human Rights (IHR) has identified them as
"AmirHossein Pourjafar, Ali Kazemi, Mahboubeh Mofidi, Abolfazl Chezani Sharahi,
and Zeinab Sekanvand." The aforementioned juvenile offenders were executed
while under Article 91 of the Islamic Penal Code which was added to the law 5
years ago, allows judges to issue alternative verdicts for the minors whom the
judge considers not mature enough to realize the nature of the crime committed.
However, the article could neither stop nor even decrease the execution of
juvenile offenders. Since the application of article 91, at least 35 juvenile
offenders have been hanged in Iranian prisons.
In this regard, more orchestrated pressure on Iranian government from
international institutions, human rights organization and countries with
diplomatic relations with Iran, is needed to force Iranian authorities to
unconditionally abolish the death penalty for offenses under 18 years of age.
-------------------------
Iran Human Rights (IHR) has been a member of the World Coalition Against the
Death Penalty (WCADP) since 2009 and an elected member of its Steering
Committee since 2011.
In 2002, WCADP announced 10th of October of each year as the World Day Against
the Death Penalty. The Coalition consists of more than 140 members from 5
continents.
(source for both: Iran Human Rights)
PALESTINE:
PCHR: "On World Day against Death Penalty, PCHR reiterates its call for
Abolishing This Penalty in Palestinian Law"
Today, 10 October, coincides the World Day against Death Penalty when calls are
annually renewed by the countries of the world to work on abolishing this
penalty from its legislation, considering it as an inhuman penalty that is
incompatible with the values of justice and goals of punishments that aim at
rehabilitating the offenders and not wiping them off.
On this occasion, the Palestinian Center for Human Rights (PCHR), reiterates
its call for abolishing this penalty from the Palestinian legislation. PCHR
more than once has called upon the President to issue a law by decree to
suspend the death penalty until the Palestinian Legislative Council (PLC)
convenes to amend the Penal Code in order to abolish death penalty.
In June 2018, State of Palestine acceded to the Second Optional Protocol to the
International Covenant on Civil and Political Rights (ICCPR), aiming at the
abolition of the death penalty. Thus, Palestine now has an international
obligation to abolish this penalty, and continuing applying it is considered a
grave breach of Palestine’s international obligations.
Article 1 of this Protocol provides that: "1. No one within the jurisdiction of
a State Party to the present Protocol shall be executed. 2. Each State Party
shall take all necessary measures to abolish the death penalty within its
jurisdiction."
Despite signing the Protocol, the official authorities have not yet taken any
measures to give effect to its obligation. Moreover, the Palestinian Authority
has not yet made any attempts to suspend or abolish the death penalty in the
Palestinian legislation.
Since its establishment, PCHR has always rejected the application of death
penalty in Palestine and based on legal, objective, and human justifications,
outweighing the considerations of justice over the political bickering and
desire for retaliation.
PCHR believes that the judicature in Palestine, particularly in the Gaza Strip,
does not have the expertise and tools need for such a sentence as serious as
the death penalty that is irreversible in case the accused person was found not
guilty.
Moreover, the investigation and trial proceedings include many violations, such
as systematic torture during investigations and bringing civilians before
Military Courts, in grave breaches of the international law and standards.
Thus, the sentence becomes invalid.
It should be mentioned that in 2018, the number of death sentences issued has
so far risen to 7 sentences; all of them were issued in the Gaza Strip. Five of
sentences were issued by courts of first instance, while the 2 others; one by
the Court of Appeal upholding a previous sentence and the other by Court of
Cassation.
Thus, the total number of death sentences issued in the PA controlled areas has
risen to 207 since 1994, 30 of which have been issued in the West Bank and 177
in the Gaza Strip. Among those issued in the Gaza Strip, 119 sentences have
been issued since 2007.
PCHR has noticed a significant increase in the application of the death penalty
in the Gaza Strip since the beginning of the Palestinian division and Hamas
takeover on the Gaza Strip, particularly in the last 3 years. In 2017, 19 new
death sentences were issued; 16 sentences were issued in 2016; and 12 sentences
were issued in 2015.
However, a significant decline in the application of death sentence was
recorded in the West Bank courts as during the last 3 years, only 3 death
sentences were issued; all of them in 2015. Meanwhile, 2016 and 2017 and even
2018 have not witnessed issuance of any death sentence in the West Bank.
Furthermore, since the establishment of the PA, 41 death sentences were
applied, 39 of which were in the Gaza Strip and two in the West Bank. Among the
sentences applied in the Gaza Strip, 28 were applied since 2007 without the
ratification of the Palestinian President in violation of the law.
In addition, in 2017 only, 6 death sentences were applied in the Gaza Strip,
which is the highest number of those sentences applied in one year since the
takeover of Hamas on the Gaza Strip in 2007.
It is noteworthy that 9 death sentences were applied following the formation of
the National Unity Government in 2014 while no death sentences has so far been
applied during this year.
It should be noted that the Palestinian President has not ratified any death
sentence since 2005. The death penalty requires ratification of the President
to be applied as codified in Article 109 of the Palestinian Basic Law (PBL)
which provides that "A death sentence pronounced by any court may not be
implemented unless endorsed by the President of the Palestinian National
Authority."
The death sentences in the Gaza Strip were applied upon the ratification of the
deposed government there in explicit violation of the law which provides the
ratification of the president himself and continued doing so until the
formation of the National Unity Government in June 2014.
Later, a new way to ratify the death sentences to be executed in the Gaza Strip
was renovated as the Change and Reform Bloc which convenes on behalf of the PLC
is now granting the ratification. PCHR has repeatedly emphasized that such
ratification is invalid and does not give any legal cover for the
implementation of the death sentence.
PCHR stresses its complete rejection of applying any death sentence and
considers that the implementation of death sentences without the ratification
of the Palestinian President is an extra-judicial execution which demands
effective accountability.
PCHR also emphasizes that any decision issued by any other authority regardless
of its legality or the authority it represents will not ever replace the
President's ratification.
On the World Day against Death Penalty, PCHR stresses the seriousness of using
this inhuman punishment and will continue working with the national and
international partners to abolish completely this penalty from all legislations
in Palestine.
Thus, PCHR reiterates its call upon the Palestinian President to commit to its
obligation under the Second Optional Protocol to ICCPR to which the State of
Palestine has acceded and make immediate amendments to the Penal laws
applicable in the West Bank and the Gaza Strip; the 1936 Penal Code applicable
in the Gaza Strip and 1960 Penal Code applicable in the West Bank. CHR
reiterates its call for suspending the 1979 Revolutionary Penal Code for its
unconstitutionality.
PCHR also calls for ending the application of death sentences in the Gaza Strip
and emphasizes that the attempt to replace the ratification of the President
with the ratification of the Change and Reform Bloc in the Gaza Strip is
legally invalid and has no value.
(source: IMEMC News)
EGYPT:
Mass death sentences will not deliver justice for victims of church bombings
Responding to the news that 17 people accused of carrying out 3 deadly church
bombings in 2017 as well as attacks against security forces have been sentenced
to death by a military court in Alexandria today, Amnesty International's North
Africa Campaigns Director Najia Bounaim said:
"There can be no justification for the utterly reprehensible attacks which
targeted worshippers in Coptic Christian churches across Egypt in 2017. There
is no doubt that the perpetrators of these horrific attacks should be held
accountable for their crimes. But handing out a mass death sentence after an
unfair military trial is not justice and will not deter further sectarian
attacks.
"Egypt has a shocking track record of unlawfully trying civilians in its
notorious military courts and sentencing scores to death after grossly unfair
mass trials, often based on 'confessions' extracted through torture. Those
accused of involvement in these heinous crimes must be retried in a civilian
court in proceedings that comply with international human rights law and fair
trial standards."
Background
Military trials are inherently unfair because all personnel in military courts,
from judges to prosecutors, are serving members of the military who report to
the Minister of Defense and do not have the necessary training on rule of law
or fair trial standards.
The death penalty is the ultimate cruel, inhuman and degrading punishment.
Amnesty International opposes the death penalty in all cases without exception
- regardless of who is accused, the nature or circumstances of the crime, guilt
or innocence or method of execution.
(source: Amnesty International)
YEMEN:
Charges against Baha'i in Yemen must be dropped: UN experts urge release of
detainees
A group of UN independent human rights experts have called for the immediate
release of 24 people, mostly from Baha'i minority, who have been held by
authorities in the Yemeni capital, Sana'a, since the middle of last month.
The detainees face charges of apostasy - or abandoning the state-sanctioned
religion - teaching the Baha'i faith and spying; the latter, is subject to the
death penalty.
The 5 UN experts said that charges "must be dropped and discriminatory
practices based on religion, outlawed".
At least 22 of those being held are Baha'is, including 8 women and 1 minor. The
individuals were prosecuted on 15 September without investigation or warning
prior to the start of the trials.
Baha'i is a faith that emphasizes the worth of all religions since its
establishment in the 19th century, according to the international community's
website. Around 1 % of Yemen's non-Muslim population are estimated to subscribe
to the faith.
It is unacceptable for anyone, including persons belonging to religious
minorities, to be targeted or discriminated based on religion or belief - UN
expert Ahmed Shaheed
Houthi rebels, who are Shia Muslims, have controlled Sana'a since 2014, as part
of the long-running conflict with officially-recognized Government forces and
their allies for full control of the country. According to news reports, the
Houthis have been responsible for a wave of detentions targeting Bahai's.
UN Special Rapporteur on freedom of religion or belief, Ahmed Shaheed said the
recent wave of detentions in Yemen appears to be an intimidation tactic
intended to pressure Baha'is into recanting their faith.
In a statement last May, he stressed that "it is unacceptable for anyone,
including persons belonging to religious minorities, to be targeted or
discriminated based on religion or belief."
The statement from the UN experts said: "We are very concerned at the criminal
prosecution of these persons based on charges connected to their religion or
belief." Referring to charges of espionage, they added, "we are particularly
concerned that some of the convictions include crimes that carry the death
penalty."
5 of the indicted attended a court hearing on 29 September in Sana'a, where the
judge ordered the names of the remaining 19 individuals to be published in a
local newspaper. The next court appearance is scheduled for later this month.
"We reiterate our call to the de facto authorities in Sana'a to put an
immediate stop on the persecution of Baha'is in Yemen," the UN experts said,
adding that international human rights obligations apply to de facto
authorities, the same as any governing authority.
(source: un.org)
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