October 13



INDIA:

Allahabad HC upholds death sentence of man convicted for rape, murder of minor girl



The Allahabad High Court on Friday upheld the death penalty awarded to a 31-year-old man convicted of raping and murdering a minor girl.

Considering the aggravating and mitigating circumstances of the case, imposition of the extreme penalty of death sentence on Putai is fully justified, the court said.

The court also upheld the life imprisonment awarded to co-accused Dileep, who was convicted for the same offences.

The two had filed separate appeals challenging a 2014 sessions court order. The appeals were dismissed by the Lucknow bench of Justice R R Awasthi and Justice Mahendra Dayal.

"The manner in which the crime has been committed reflects the mental condition of the appellants..In order to satisfy their lust, (they) committed rape on a minor girl and thereafter killed her and also tried to conceal the evidence by throwing her body in a nearby field...," the bench said.

"The injuries found on the body of the deceased girl also reflect the manner in which she was subjected to rape and one can imagine as to how much pain she must have suffered during the commission of crime by the appellants," it added.

Government advocate Vimal Srivastava contended that the additional sessions judge of Lucknow had rightly convicted and sentenced the appellants in 2014 on the basis of circumstantial evidence which clearly proved that the 2, who were neighbours, had not only raped a minor child but also strangled her after beating her black and blue.

He stressed that the appellants did not deserve any leniency.

According to the FIR lodged by the victim's father, the girl (12) went out on the evening of September 4, 2012, to relieve herself but did not return. Her father and others launched a search but in vain.

The girl's disrobed body was found in a field the next day, following which her father lodged an FIR against unknown persons. Blood stains were also found near the body.

Suspicious conduct of Putai and Dileep and evidence found during the investigation helped nail them.

(source: Press Trust of India)








MALAYSIA:

Let judges decide on death sentence, say legal eagles



Legal experts have proposed that judges be given the discretion to impose the death penalty on accused persons who commit violent crimes.

They cautioned against a blanket removal of the capital punishment, saying it would send the wrong message to would-be offenders that their lives would be spared even if they are found guilty.

Retired Federal Court judge Gopal Sri Ram said public interest might demand the retention of the death penalty in cases such as the rape or murder of children.

"The circumstances surrounding the crime may be so gruesome that it requires the offender be put to death," he told FMT.

Instead of scrapping the death penalty for all offences, he suggested that the courts be given the discretion to impose either a prison term or the death sentence.

He said this had been the practice prior to 1983, when judges were given the option to impose a custodial sentence or order the hanging of convicted persons in drug trafficking cases.

He was responding to the announcement by de facto law minister Liew Vui Keong that amendments to abolish the death penalty would be tabled in the coming Parliament sitting.

The mandatory death sentence is currently imposed for drug trafficking, kidnapping, possession of firearms and waging war against the king.

Lawyer A Srimurugan suggested that Malaysia emulate India, where courts are allowed to decide whether to take the life of a convicted person.

"This is also known as the rarest of rare case tests, as pronounced by their Supreme Court in two cases," he said.

In India, he said, life imprisonment was the norm while the death sentence was the exception.

In Malaysia, he added, once the prosecution proves the crime of murder or trafficking, the court has no choice but to impose the capital punishment.

"A jail term is allowed only if the trial court orders the accused to enter defence on a reduced charge, or the prosecution amends the charge to culpable homicide not amounting to murder or possession of drugs."

He said the government’s decision to abolish the death penalty was a knee-jerk reaction to please the public, as pledged in Pakatan Harapan's election manifesto.

He urged for a detailed study to be carried out on the implications of a blanket ban on the death penalty.

Srimurugan also suggested that those charged with trafficking who were proven to be mere carriers be exempted from the death sentence.

"But kingpins and drug manufacturers should not be spared as they are responsible for untold suffering for the nation and its citizens," he said.

Muhammad Rafique Rashid Ali agreed that discretion should be given to judges as they were the triers of facts and law.

"Judges are trained in law and have wide experience before they are elevated to the bench," he told FMT. "Discretion must be placed in their hands."

He proposed that the government set up a select committee to obtain feedback from the public before amending the law.

He said the committee should also study the prison system and the expense to the government if serious offenders are made to serve long years behind bars.

The criminal justice system, including the measure of punishment, should be tailored to local needs and circumstances, he said.

"We should be master of our destiny, and not be influenced by what is happening elsewhere, including in the West."

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UN chief praises Malaysia's death penalty repeal as 'major step forward'



Malaysia has announced that it plans to abolish executions, a move hailed by United Nations chief Antonio Guterres on Thursday, as a "major step forward."

The nation joins some 170 other States that have implemented a moratorium, or ended the practice of the death penalty; a policy that the Secretary-General endorsed earlier this week, commemorating the World Day against the Death Penalty, on 10 October.

Spokesperson for Mr. Guterres, Stephane Dujarric, said in a statement that the UN chief saw the decision as a stride toward eliminating the death penalty worldwide.

"The Secretary-General commends this decision as a major step forward in a global movement towards the universal abolition of the death penalty," said the statement.

In the United States on Thursday, the Pacific north-western state of Washington's supreme court also announced that it was striking down the death penalty on constitutional grounds, making Washington 1 of 19 US states who've imposed a ban.

Earlier this week, the UN Chief urged all nations to "put an end to the death penalty now," noting that in some parts of the world, executions are still carried out in secret, or without due process.

Mr. Dujarric said that in Secretary-General's salute to Malaysia's repeal, the chief "seizes this opportunity to call on all countries which still retain it, to follow the encouraging example of Malaysia."

(source: news.un.org)

********************

Federal Government will look into repatriating back home, Malaysians who had been sentenced to death in countries abroad.



This matter will looked into after amendment’s to abolish the death penalty is tabled in the Dewan Rakyat said Deputy Foreign Minister Datuk Marzuki Yahya.

He assured that the government would come up with a solution for Malaysian facing execution abroad.

"This is in the best interest of the rakyat, we will try to do our part for our citizens through our embassy abroad.

"In some countries, similar process had been undertaken, detainees sentenced to death then they changed it (the death penalty). So we will try as well," he said after launching the National Sports Day celebration at Sekolah Kebangsaan Jelutong here today.

He was commenting on a proposal by civil group Lawyers for Liberty (LFL) which urged the government to save Malaysians from the death penalty for offences committed in countries abroad.

Recently, Minister in the Prime Minister's Department Datuk Liew Vui Keong revealed that the death penalty in Malaysia would be abolished.

The amendments to the existing laws involving the death penalty, to abolish the capital punishment would be tabled in the upcoming Dewan Rakyat session.

Marzuki also said he would welcome suggestions from the non-governmental organisation's or like-minded organisations on their views relating to abolish the death penalty.

"However everything must be done through the existing legal process, but anyone can give their suggestions.

"The government will negotiate with the countries which we have diplomatic ties," he added.

(source: nst.com.my)

****************************

Deaf gets death for killing ex-girlfriend



A 21-year-old deaf was on Friday sentenced to death by the High Court here for murdering his former girlfriend in Kota Marudu, 2 years ago.

Judge Datuk Nurchaya Arshad found Mohd Faizul Abdul Latif guilty and convicted him of the charge.

Mohd Faizul, unemployed, was accused of murdering one Asrina Sahran, 15, at 9.10pm on Oct 11, 2016 in front of a house at Kg Ranau.

The offence under Section 302 of the Penal Code carries the death penalty on conviction.

Mohd Faizul appeared calm after knowing the decision through a sign language interpreter.

He had, on Aug 7, given an unsworn statement in his defence after being ordered to enter his defence on June 4.

In his statement, Mohd Faizul stated that he had never intended to harm or kill Asrina because he loved her.

He stated that he confessed to a police officer at the police station by telling the officer through a sign language that he did stab Asrina but he had no intention to kill or injure her.

He also stated that he came to know Asrina in 2013 and that they were an item before Asrina broke off with him in 2014 and after that Asrina always mocked at him whenever they came across, which to him was an insult.

He said he always wanted to get back with Asrina as he loved her.

He stated that prior to the incident on the said day, he had bought a knife and a chopping block for his grandmother in town and that after purchasing them, he went to Asrina's house to meet her as he had told her before that he wanted to meet her to discuss their relationship.

During their meeting, Mohd Faizul said Asrina ignored her and scolded her which angered him.

"Without me realising, I took the knife from a plastic bag and stabbed Asrina. I do not know which part of her body was stabbed as the place was dark," said Mohd Faizul, adding that he was stunned when seeing Asrina's reaction of screaming.

He panicked, ran away and drove off his uncle's vehicle before stopping at the roadside where the police later came and brought him to the police station.

Deputy Public Prosecutor Gan Peng Kun prosecuted while Mohd Faizul was represented by engaged counsel Hamid Ismail.

(source: Daily Express)

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Put death-row inmates to work instead sentencing them to death



The recent announcement of the government's plan to abolish death penalty has caused significant uproar. Among the comments found on Facebook are:

"Oh, now the drug lords' businesses will boom."

"Why do criminals deserve human rights when they did not consider the victims' rights while committing the crime."

"I do not want my tax money to be used to sustain these criminals for life."

"An eye for an eye."

Yes, the abolition of the death penalty does sound benevolent in the name of human rights, taking into account of the fallibility of the criminal justice system and the fact that the existence of death penalty all this while has failed to reduce the rates of capital offences.

But what is the alternative?

Commutation of a death sentence to life imprisonment with no possibility of parole is merely a cosmetic change in the name of human rights if the conversion is to be carried out without a concrete plan to rehabilitate the inmates or integrate them into a new system.

Rehabilitative programmes may be planned by the prison board in collaboration with NGOs and religious bodies. However, for death-row inmates whose sentences are to be commuted to life sentences without any possibility of parole, how do we make them, or rather give them the option of contributing back to society?

Historically, the concept of prison labour is not new. The death penalty may sound cruel, but what if we give the death row inmates a choice of escaping the gallows in exchange of a life sentence without possibility of parole where they have to work certain jobs at a particular rate calculated to sustain their own lives in prison? They should be allowed to choose between their death sentence or a life sentence with a labour plan.

Of course, suggestions like this may trigger another set of human rights argument as to "forced labour". However, the fallibility of the criminal justice system should also not be used as a blanket immunity against "punishment" imposed on the inmates.

Ideally, a death-row inmate should not have the best of both worlds - after committing a heinous crime and having his life spared, a convict shouldn't be sustained at the taxpayers' expense until he dies.

Realistically, the Home Ministry probably has an allocated budget to sustain each inmate. If death-row inmates who choose to work as an alternative to being hanged to death, it would be a win-win situation for both the country and the inmates.

One possibility would be to allow companies that produce items of necessity to set up factories within the vicinity of prisons and prisoners may be ferried there by prison bus.

These factories may hire inmates to work at a lower-than-usual rate. This would lead to the lowering of production costs for those items, which would be advantageous to consumers. While inmates get to escape the gallows, they would work to sustain their prison stay, thereby shifting the burden of their living costs away from the taxpayers.

In the event their wages cover more than the cost of sustaining their prison existence, the inmates may be given the extra money. Also, in the event the inmate is repeatedly subjected to disciplinary action, something like the California 3-strike rule could apply whereby the inmate's sentence shall be reverted back to his original sentence for his lack of remorse.

(source: Letter to the editor, Jean Siow----malaysiakini.com)








PAKISTAN:

Petition filed in Pak court seeking death for killer of minor girl



A petition was filed in the Lahore High Court on Saturday seeking the death penalty for a killer of a minor girl in Punjab province of Pakistan.

The anti-terrorism court here on Friday issued death warrants for Imran Ali, 23, to be hanged on October 17 in central jail in Lahore.

In January, police arrested Ali 2 weeks after he allegedly raped and killed a 7-year-old girl and threw her body into a garbage dump in the city of Kasur, some 50 kms from Lahore. The murder drew nationwide outrage and condemnation, and triggered violent protests that claimed 2 lives.

On Saturday, Amin Ansari, the father of the girl, filed another petition in the high court seeking "public hanging" of Ali.

The petitioner said, "The murderer of my daughter should be given exemplary punishment so as to avoid any such tragedy in future".

In his previous petition, Ansari had demanded that the murderer of his daughter should be hanged on the spot where he had killed her. The girl's mother had said that the suspect should be stoned to death.

A 2-member LHC bench comprising Justice Sardar Shamim Ahmed and Justice Shahbaz Rizvi will hear the appeal on October 15.

The Lahore High Court, the Supreme Court and the president had rejected Ali's mercy plea.

Ali reportedly confessed to his crime, saying he became a "pervert" due to an addiction of watching child pornography on the Internet, a law officer informed.

(source: buseiness-standard.com)

*************************

Man gets death penalty for 8 murders



The Anti-Terrorism Court (ATC) awarded 9 times death sentence to a man involved in a murder case in Bhalwal police station limits. The verdict was announced by ATC Judge Atiqur Rehman Bhindar.

The prosecution told the court that accused Arshad had murdered 8 people, including women and children in a village over family dispute on August 21, 2012.

The local police registered a case against the accused and presented challans in the ATC court for trial. After completion of the arguments and analysing evidence, the judge awarded 8 times death sentences to the culprit over murder and one time death sentence under ATC Act along with 97 years additional imprisonment. Besides, the court also imposed a fine of Rs3.5 million on the convict for possessing illegal weapons. The culprit was shifted to District Jail Sargodha.

Man kills mother for 'eloping with paramour' in Peshawar

Earlier, a court handed down a death sentence to a convict for his involvement in a murder case in Multan.

The prosecution told the court that Shahbaz, in connivance with Qaiser, Muhammad Tariq, Muhammad Fayyaz, Ali Raza and Muhammad Sajid, gunned down a woman named Shamim Akhtar over a dispute on October 9, 2017.

The local police registered a case against the accused and presented the challan before the court. After hearing the arguments, the judge handed down a death sentence to Shahbaz. The court also imposed a fine of Rs0.2 million on the convict.

(source: The Express Tribune)








JAPAN:

"Management and coexistence': Japan's justice minister calls for balance in dealing with foreign nationals



10 days into his new job, Justice Minister Takashi Yamashita said one of his major goals is to strike a balance between management and coexistence when it comes to foreign nationals in Japan.

"As we accept foreigners to Japan, I believe the government must carry out proper residency management including getting an accurate account of foreign residents' status to avoid problems such as illegal employment," Yamashita said in a group interview with media organizations on Thursday.

"On the other hand, it is important for the country to have some responsibility to provide support to foreigners," he said, adding that the Justice Ministry is working on compiling comprehensive measures related to living alongside foreign nationals by the end of this year. "We must balance management and coexistence."

The interview took place as the ministry is preparing to submit a bill to the upcoming extraordinary Diet session that would revise relevant laws to allow blue-collar foreign nationals with specific skills to obtain new types of visas to work in Japan from next April.

"This new system will allow us to accept foreign human resources who are industry-ready, against the backdrop of the situation in our country where there is a serious shortage of labor (in some areas) and have them work and play an active role in Japan," said the 53-year-old lawmaker, who is serving his third term in the Lower House.

"Japan already has 2.6 million foreign residents, and 1.3 million of them are working. We also had 28 million inbound visitors (last year). With Japan making great strides toward internationalization, we are moving toward accepting foreign human resources with certain expertise and skills who can immediately contribute to the workforce," Yamashita said.

The Okayama native said he expects Japan to further expand its acceptance of foreign workers down the line and emphasized the importance of creating a welcoming environment that would allow them to work hard and live in communities along with Japanese nationals.

On the topic of capital punishment, Yamashita said it is important for him to heed court decisions.

"The death penalty is a truly serious punishment that ends one's life, and execution should be handled very cautiously," said Yamashita, a graduate of the University of Tokyo's Faculty of Law who has experience working as both a prosecutor and defense lawyer. "But the death penalty is something that courts hand down after exhausting careful examinations on someone who has committed an extremely atrocious and grave crime. A justice minister must respect the decisions of the courts."

Under his predecessor, Yoko Kamikawa, all 13 Aum Shinrikyo cult members on death row were executed in July.

In relation to a case in April in which a prisoner escaped from an open prison in Ehime Prefecture and was on the run for three weeks before being recaptured, Yamashita said that despite the incident, it is important to have such correctional facilities designed to help convicts rehabilitate.

"There is a big difference in the treatment (of inmates) at open facilities compared with that at ordinary prisons, and I believe these facilities play a very large role in having convicts make a change for the better, rehabilitate and make a smooth return to society," said the minister, who was serving as parliamentary vice minister of justice when the escape occurred.

He said the 4 open-type prisons in the country each offer unique correctional programs, with the cooperation of local residents, to encourage inmates to gain confidence in reintegrating into society.

Yamashita, whose experience includes working as a diplomat at the Japanese Embassy in Washington, said he hopes to publicize the ministry's policies and activities in simple language.

"People in the legal profession tend to explain difficult things in a difficult manner and even simple things in difficult ways," he said. "I think it's important to talk about simple things simply of course but also to explain difficult things about legal administration - something that is close to people's lives - in easy-to-understand words that would reach people's heart and make them feel that it is something familiar."

(source: Japan Times)








LEBANON:

French Ambassador Calls On Lebanon To Abolish Capital Punishment



French Ambassador Bruno Foucher Wednesday called for Lebanon to formally abolish capital punishment, at a conference commemorating World Day Against the Death Penalty.

Though Lebanese courts still distribute death sentences, none have been carried out since 2004, amounting to a de facto moratorium on the punishment. Former MP Ghassan Moukheiber attributed the moratorium to international pressure against execution, particularly from the European Union.

This international pressure, he told The Daily Star, often competes with domestic support for the death penalty especially when egregious crimes capture national attention. Moukheiber said the aftermath of the murder of 22-year-old Roland Chbeir was a period of notable pressure in favor of capital punishment, with the victim's family leading the charge.

The emotional pitch of the debate has been heightened also by the question of how to punish terrorist groups. So far in 2018, the Military Tribunal has sentenced 4 people 4 of them alleged members of Daesh (ISIS) to death for the murders of Lebanese soldiers.

(source: albawaba.com)








IRAN:

Women watch the 2018 FIFA World Cup match between Iran and Portugal in a public viewing event at Azadi Stadium in Tehran, Iran on June 25, 2018.



Last week, Iranian authorities executed Zeinab Sakaavand for allegedly murdering her husband when she was 17. During her trial the court discounted Sakaavand's claims that her husband frequently beat and abused her. She was only 15 when they were married.

Sakaavand is the 5th child offender that Iran has executed this year. On January 30, Mahboubeh Mofidi was executed for allegedly murdering her husband when she was 17. The same day, Ali Kazemi was executed for a murder he allegedly committed at 15. Amirhossein Pourjafar was also executed in January for the rape and murder of a 3-year-old girl when he was 16. In June, authorities executed Abolfazl Chazani for an alleged murder he committed at 14.

Iran is 1 of only 4 countries known to have executed child offenders since 2013. Amnesty International has identified 49 alleged child offenders at risk of execution in Iran, and the United Nations Secretary-General reported that there were 160 child offenders on death row in Iran as of late 2014.

Iran changed its laws in 2013 to limit when child offenders could face capital punishment - they granted judges the discretion to not sentence to death a child offender who could not comprehend the nature and consequences of the crime when it happened.

Yet the law allows courts to rely on a forensic doctor's opinion as to whether a defendant understood the consequences of their actions. In the case of 14-year-old Chazani, the Legal Medicine Organization of Iran reportedly concluded he had reached "developmental maturity" at the time of the crime. Even with this flawed approach to the death penalty, research shows children are far more predisposed toward impulsive decisions.

Especially troubling is the cases of the 2 young women executed for killing their husbands who both were victims of child marriages and possible domestic abuse. In Iran, girls can marry at 13 and boys at 15. Girls who marry as children face a higher risk of physical and sexual abuse than women who marry later.

Under Iran's Qisas law, an intentional murder is punishable by death but victims’ families can forgive the accused to save them from execution. This means the burden has been on activists and mourning families to work around the law. It is time for Iranian authorities to recognize their own responsibility and end the execution of child offenders once and for all.

(source: Human Rights Watch)

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Criticism of Iran's Practices at "World Day Against the Death Penalty" Conference in Paris



The Mayor of the 5th District in Paris hosted a conference against the death penalty in Iran, which was organized by the Committee for the Support of Human Rights in Iran (CSDHI) on Wednesday, October 10th, 2018 marking the World Day Against the Death Penalty. Speaking at the conference were mayors, politicians, and celebrities.

Maryam Rajavi read a message at the conference, recalling the 120,000 Iranian dissidents who were executed by the clerical regime. She reminded attendees that the ordeal continues, with thousands of death row inmates in the regime's prisons. She said that Iran is the number one state executioner of minors in the world - in violation of international conventions. She added that the executions serve to maintain terror and that they are instruments of the Iranian regime's survival. She also explained that terrorism abroad is an extension of the policy of executions and torture in Iran.

Mrs. Rajavi is the president of the National Council of Resistance of Iran (NCRI). She called on governments around the world to make their political and economic relations with the Iranian regime conditional upon their stopping the torture and executions, and that they dismantle terrorist apparatus.

Mayor of the 5th District of Paris, Florence Berthout, hailed the fight of the National Council of Resistance of Iran. She quoted Victor Hugo: "The death penalty is the eternal sign of barbarism..." She added, "On this World Day Against the Death Penalty, we raise a cry of alarm to Iran."

Tribute was paid to the 30,000 victims of the 1988 massacre in Iran by Jean-François Legaret, Mayor of the 1st District, who said that "these barbarities still continue." He also discussed the foiled bombing against an Iranian opposition rally in Paris last June. "An Iranian minister sponsored the attack on Villepinte," he said. "The Iranian regime is desperate and is trying to execute those outside, who stand in solidarity with the resistance in Iran." Legaret continued, "I call on the French government to launch an international investigation under the auspices of the UN to shed light on this state terrorism and the barbarities in Iran."

The former FARC hostage and Colombian presidential candidate, Ingrid Betancourt, emphasized it is the Iranian diplomatic network who set up this terrorist plot to "eliminate once and for all, a friend who is dear to us, Mrs. Rajavi, who carries the torch of this Iranian opposition." She praised the French government for its courage, for standing up to Iran's pressure, and for demanding accountability. She called on EU foreign policy chief Federica Mogherini "who did not have a word to denounce the facts of the terrorist attack in Villepinte," and asked all those who, like her, were in Villepinte, to file a civil suit case now opened in Belgium regarding this attack.

"Iran is, unfortunately, the world champion, the world record holder of executions," said Gilbert Mitterrand, the President of the Danielle Mitterrand Foundation. He said that the 1988 massacre perpetrators, "are there, whereas the institutions exist, whereas the legal instrument exists, whereas the proofs have been established for a long time, while the procedures exist."

Former magistrate Francois Colcombet said, "The regime in Iran is using the death penalty to stay in place, just like state terrorism."

"We must fight on this subject and find international structures to crack down," added the Jean-Pierre Bequet, former Mayor of Auvers-sur-Oise, who congratulated the Iranian Resistance for having abolished the death penalty in its plan for the Iran of tomorrow. "When we went to Tirana to see the Ashrafians who had just arrived, with many wounded and maimed as a result of the regime's attacks. These people had no hatred or revenge," he said.

Pierre Bercis, in reference to the June terrorist plot near Paris, said, "This fight for freedom in Iran is a long marathon; the one who knows how to suffer 2 minutes more is triumphant."

Jean-Pierre Muller, Mayor of Magny-en-Vexin said, "The People's Mojahedin, Maryam Rajavi, they are not terrorists; they are brave men and women who fight for freedom, equality, and fraternity." He added, "There are no moderates in Iran, only barbarians," and proposed to declare a day of solidarity between the people of France and the PMOI/MEK.

Also in regards to the June terrorist plot near Paris, Jean-Pierre Brard, Mayor of Montreuil, emphasized "the attack not only targeted the resistance, but it also targeted our country. This embodies the hate seen in the mullahs." Mr. Brard also rejected the moderates' thesis in Iranian politics. "A fascist is always a fascist," he said. He also allied with Ingrid Betancourt in the idea to launch a civil case regarding the foiled Paris plot.

Bruno Mace, Mayor of Villiers-Adam, spoke about visiting the PMOI/MEK in Albania. "I saw in Tirana people who want to set up this secular democracy that we all aspire to."

(source: ncr-iran.org)
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