February 14
MALAYSIA:
Group says death penalty in the way of seeking truth behind Altantuya’s murder
A group campaigning for the abolition of the death penalty says doing away with
the punishment would help bring to justice those responsible in the Altantuya
Shaariibuu murder case.
Malaysians Against Death Penalty and Torture (Madpet) was referring to
Australia’s refusal to release Sirul Azhar Umar, one of two men sentenced to
death for the murder of the Mongolian citizen in 2006.
Sirul has since sought refuge in an immigration centre in Sydney, with Canberra
saying it is not allowed by Australian laws to deport him due to the death
sentence awaiting him in Malaysia.
Australian laws prohibit the extradition of anyone to face the death penalty in
his home country.
Madpet said cancelling Sirul’s death sentence would allow him to be returned to
Malaysian authorities to assist investigators in shedding light on the brutal
murder of Altantuya.
“The abolition of the death penalty will make those who ordered or paid others
to do the crime be identified, as those caught or convicted will more likely
help make this happen if their assistance can reduce the sentences imposed,”
Madpet spokesman Charles Hector said in a statement today.
He also questioned the delay in amending the laws to do away with the death
sentence despite Putrajaya’s promise.
Madpet said supporters of the death penalty appeared unaware of the “just
reasons” for its abolition, or could be furthering a political strategy.
“They may also be people who fail to appreciate the suffering of the children
and families, simply because a parent or sibling is executed.
“They fail to appreciate that even the mandatory death penalty has failed to
reduce murder or drug trafficking in Malaysia,” Hector said.
(source: Free Malaysia Today)
**************
Death penalty repeal could reach Parliament in March, says minister
The proposed repeal of the death penalty could be tabled in Parliament next
month if the Cabinet agrees to it, said Datuk Liew Vui Keong.
The legal affairs minister said the government has taken everything into
consideration for the Cabinet to decide on the matter.
“If the Cabinet agrees to it, then it will be brought to the Parliament in
March,” he said after visiting the proposed site of the new Johor Baru Court
Complex in Kota Iskandar here today.
The next Parliamentary sitting will take place from March 11 to April 11.
The abolition involves 33 offences provided for under 8 Acts including Section
302 of the Penal Code for murder.
At present, there are some 1,200 people on death row for crimes including
murder, kidnapping and drug trafficking in Malaysia.
On a separate matter, Liew said the government has no intention to introduce
lese majeste laws, similar to Thailand’s to protect the Malay rulers here.
He said that Malaysia has adequate laws to protect the Malay rulers and the
Yang di-Pertuan Agong, or King, who is also the supreme head of the country.
However, Liew did not rule out the possibility that the government may amend or
introduce new laws to further protect the rulers.
“We practise a constitutional monarchy system here where we have a Parliament
and the King is the supreme authority based on the constitution.
“People are free to voice out their views but there must be a limitation and
not go against the law by making allegations or defaming our rulers,” said
Liew.
Earlier this month, a trader was arrested in Kuantan, Pahang for allegedly
insulting Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa
Billah Shah on Facebook. The 45-year-old man is being investigated under the
Sedition Act of 1948.
Aside from that, 3 social media account owners have also been arrested under
the same Act after posting comments insulting Sultan Muhammad V in relation to
his decision to step down from the position of the Yang di-Pertuan Agong.
Despite Malaysia only having a constitutional monarchy system since 1957,
several of Malaysia's 9 royal families have their roots in centuries-old Malay
kingdoms that were until they were brought together by the former British
colonials.
Although largely seen as a ceremonial post, the Yang di-Pertuan Agong still
signs off on most laws and appointments, including that of the country’s prime
minister.
(source: malaymail.com)
PAKISTAN:
Man awarded death for honour killing
A court on Wednesday awarded death penalty to a person for killing his wife for
honour.
Additional Sessions Judge, Nowshera, Zahid Mehmood awarded death penalty to
Raza Ali Khan of Kheshgi Payan and freed his brother, Amroz Ali Khan, giving
him benefit of lack of evidence against him.
According to the FIR, Raza with support of his brother had killed his wife
after exchange of hot words with her on suspicion that she had illicit relation
with another person.
However, the killer had stated that his wife had committed suicide. But his
younger daughter narrated the actual story to her maternal uncle.
Nowshera Kalan police had registered a case on the complaint of Minhajuddin,
brother of the deceased, and started investigation.
The judge also slapped Rs500,000 fine and 6-month jail to the convict.
The killer was shifted to Central Jail Haripur from the Nowshera judicial
lockup.
Meanwhile, the Nowshera police have failed to control increasing robberies in
the district.
JUI-F local leader Qari Riazullah was robbed of cash by unknown armed men at
gunpoint in the bright daylight.
In another incident, armed robbers injured a man, Mir Aman Shah, when he showed
resistance to them on Nowshera- Nizampur Road.
The injured man was rushed to Lady Reading Hospital, Peshawar, in critical
condition.
The villagers complained that Nowshera-Nizampur Road had become a safe haven
for robbers, but the police were not taking action against the highwaymen.
(source: Dawn)
VIETNAM:
Vietnamese drug trafficker arrested
Police of Vietnam's central Nghe An province have detained a local man for
transporting 2 kg crystal methamphetamine, Vietnam News agency reported on
Thursday.
Le Huu Ha, residing in central highlands Kon Tum city, on Wednesday was caught
red-handed attempting to transport the drug from Nghe An to southern Ho Chi
Minh City for distribution.
According to Vietnamese law, those convicted of smuggling over 600 grams of
heroin or more than 2.5 kg of methamphetamine are punishable by death. Making
or trading 100 grams of heroin or 300 grams of other illegal drugs also faces
death penalty.
(source: xinhuanet.com)
INDONESIA:
West Kalimantan prosecutor demands death penalty for kingpin
The Indonesian Public Prosecution demanded death penalty for kingpin M.
Effendi, or bin Phan Cin Kian, on charges of possession of 7.2 kilograms (kg)
of crystal methamphetamine and 21,727 ecstasy pills.
Iman Khilman, a public prosecutor at the Sanggau prosecutor office, confirmed
to Antara, here, Thursday, that he had demanded maximum penalty for the
kingpin.
The public prosecutor demanded the death penalty during a court trial at the
Sanggau District Court, West Kalimantan, led by judge I Ketut Somansa.
The next trial will be held on February 19, 2019, with reading of the defense
note as the main agenda.
Earlier, the Sanggau court had already issued verdicts to Effendi`s network
members, Suprayogi alias Yoyok, who was awarded death penalty, and Andi Alfen,
who was announced imprisonment of 15 years and imposed a fine of Rp1.5 billion.
Yoyok and Alfen were arrested on March 26, 2018, by personnel of the National
Narcotic Agency (BNN) for carrying 72 kg methamphetamine and 21,727 ecstasy
pills in Simpang Tanjung in Tayang Hulu Sub-district in Sanggau District.
Yoyok had thrice smuggled illicit drugs from Malaysia into Indonesia.
Another suspect, with the initials CU, a member of the same network, is still
at large.
(source: Antara News)
SRI LANKA:
Resuming executions in Sri Lanka a violation of international law - ICJ
The International Commission of Jurists (ICJ) has called on Sri Lanka’s
President, Maithripala Sirisena, to retract his recent pronouncement that
executions would resume in the country notwithstanding a moratorium on capital
punishment that has lasted 43 years.
The last execution was carried out in Sri Lanka in 1976.
“Resuming executions would be an egregious violation of Sri Lanka’s obligations
under international human rights law, a serious threat to human rights in the
country, and it would be inconsistent with the global trend towards the
abolition of the death penalty,” said Frederick Rawski, ICJ’s Asia-Pacific
Director.
Speaking in Parliament last week, President Sirisena vowed to resume executions
of those convicted of “drug offences” as early as within the next two months.
The ICJ says it considers any resumption of executions in Sri Lanka as
constituting a violation of international law and an appalling disregard for
the international human rights system as a whole.
“At least 150 countries have now either abolished the death penalty or
instituted an official or unofficial moratorium. There is a growing
understanding around the world that the death penalty is an unacceptable
assault on rights and dignity,” Fredrick Rawski added.
The ICJ said it opposes the death penalty in all circumstances – as it
constitutes a violation of the right to life and its imposition constitutes per
se cruel, inhuman, or degrading punishment.
The Human Rights Committee, the Treaty Body supervising the implementation of
the International Covenant on Civil and Political Rights (ICCPR), by which Sri
Lanka is bound, has recently made clear in its General Comment 36 on Right to
life that, “it is contrary to the object and purpose of Article 6 [of the
ICCPR, which enshrines the right to life] for States parties to take steps to
increase de facto the rate and extent in which they resort to the death
penalty”, and that, “States parties that are not yet totally abolitionist
should be on an irrevocable path towards complete eradication of the death
penalty, de facto and de jure, in the foreseeable future. The death penalty
cannot be reconciled with full respect for the right to life, and abolition of
the death penalty is both desirable and necessary for the enhancement of human
dignity and progressive development of human rights.”
Moreover, the UN Human Rights Committee has made it clear that the imposition
of the death penalty for “drug offenses” is incompatible with the Covenant, the
ICJ statement said.
The UN General Assembly has adopted repeated resolutions, most recently in
December 2018, by overwhelming majority in calling for all retentionist States
to observe a an immediate moratorium with a view to abolition.
“It must be noted that Sri Lanka voted in favor of a moratorium on the use of
the death penalty in the 2018 UN GA Resolution.” This commitment should not be
reversed, but upheld in practice instead, the ICJ says.
The ICJ called on the Government of Sri Lanka to reject the resumption of
executions and to do away with the death penalty once and for all.
Instead of planning on resuming executions, the Sri Lankan authorities should
focus on effective, evidence-based approaches to crime prevention in manners
that conform to international human rights law and standards, such as
formulating policies and legislation that address the underlying social and
economic causes of criminality, which are also vital to ensuring stability and
the rule of law, it said.
The ICJ also urged Sri Lanka to immediately ratify the 2nd Optional Protocol to
the International Covenant on Civil and Political Rights, which obligates State
Parties to take all necessary measures to abolish the death penalty.
Meanwhile the Asian Human Rights Commission (AHRC) has also condemned the
President’s resolve to resume executions in Sri Lanka.
“In the latest move showing regression from democratic and human rights ideals,
President Sirisena has also proposed that within 3 months, a 43-year moratorium
on the death sentence will end, and those found guilty of drug related offences
will be hung.”
The President has been inspired by his recent visit to the Philippines, where
he highly praised the manner in which social control is exercised, the AHRC
said.
“President Sirisena’s views are quite contrary to those of the civilised world,
which has largely condemned Philippines’ policy of extrajudicially killing drug
traffickers,” the statement said.
(source: adaderana.lk)
INDIA:
Sentenced to death for raping minor, Madhya Pradesh school teacher challenges
penalty in Supreme Court
A school teacher convicted for raping a 4-year-old-girl has filed a special
leave petition (SLP) in the Supreme Court against his death penalty, a prison
official said on Thursday.
Mahendra Singh Gond (28) filed the SLP in the Supreme Court on 11 February,
challenging his death sentence in the rape case, Jabalpur Central Jail's law
officer Ashok Singh said.
A trial court in Satna had earlier this month issued a 'death warrant' against
Gond after the Madhya Pradesh High Court confirmed his death sentence on 25
January, he said.
The trial court had sent the death warrant, fixing his execution for 2 March,
2019, through an e-mail to the Central Jail earlier this month.
The convict has other remedies also as he can file a mercy petition before the
President, Singh said, adding the death warrant will be executed only after all
the available legal remedies are exhausted.
The trial court had sentenced Gond to death under the recently-introduced
Indian Penal Code (IPC) Section 376(a)(b) (raping a minor under 12 years of
age).
Gond was also found guilty under IPC Section 363 (kidnapping), for which he was
awarded seven years' rigorous imprisonment, besides being fined Rs 5,000, Singh
said.
According to the prosecution, the convict had raped the minor girl after
kidnapping her from her house on 1 July, 2018 and later dumped her in the
bushes.
The girl received severe injuries in the incident and was admitted to a
Delhi-based hospital.
Gond was later arrested by the police and a charge sheet was filed against him.
Madhya Pradesh was the 1st state to enact a law in December 2017, providing for
death penalty for rapists of girls below 12 years of age. The Centre had
brought an amendment in the IPC to punish the rapists of girls below 12 years
of age with death in 2018.
(source: firstpost.com)
EGYPT----executions
Egypt steps up executions as 6 people put to death within 2 weeks
Egyptian authorities today hanged 3 prisoners convicted of killing a police
officer during clashes that erupted in the weeks following the deadly Rabaa
massacre. The executions brought the total number of executions in Egypt to 6
within a span of 2 weeks.
Responding to the news, Amnesty International’s North Africa Campaigns Director
Najia Bounaim said:
“These executions, which come just days after 3 other people were put to death
in separate cases, mark an alarming escalation in executions so far this year.
“The death penalty is the ultimate cruel, inhuman and degrading punishment and
its use is appalling under any circumstances, but it is even more so given that
all 6 execution victims were sentenced based on confessions they said were
extracted under torture. The shocking flaws in Egypt’s justice system have seen
hundreds sentenced to death after grossly unfair trials in recent years.
“The Egyptian authorities should stop all further executions and immediately
establish an official moratorium on executions with a view to abolishing the
death penalty completely.”
Background:
On 13 February Egyptian authorities put to death 3 people who were convicted of
killing a police officer in Kerdasa, Giza on 19 September 2013. One of the 3
men convicted was forcibly disappeared for 3 days before appearing before a
prosecutor and being charged. The lawyers of all the defendants claimed that
the men were tortured into confessing to the murder.
On 7 February Egyptian authorities executed 3 men who had been sentenced to
death for the killing of a judge’s son in the town of Mansoura in 2014. The men
said they had been tortured into confessing to the crime.
Amnesty International opposes the death penalty in all cases without exception
- regardless of who is accused, the nature or circumstances of the crime, or
method of execution.
(source: Amnesty International)
KENYA:
Death Penalty for Ex-police chief Nahashon Mutua Accused of Killing Inmate
Nahashon Mutua, a former police chief has been found guilty of killing an
inmate, Martin Koome, 6 years ago, by the High Court.
“The Prosecution has proved beyond reasonable doubt that the police caused the
deceased suffering while in cells which caused his death,” Judge Stella Mutuku
delivered the landmark ruling that can be viewed as a win against police
brutality.
Martin Koome was arrested on the night of 19th October 2013, at Baba Dogo
Estate after his neighbors reported him for domestic abuse.
Koome was reported to have tried to strangle his child after a domestic fight
with his wife who escaped.
The neighbors alerted Ruaraka Police station officers who booked Koome at the
station for attempting to kill.
When Koome’s wife visited the station the following day, she was informed that
he had fallen ill and was rushed to Kenyatta National Hospital (KNH).
On reaching KNH, the woman found her husband unattended on a bench ad badly
wounded. Mrs. Koome narrated that the husband was unresponsive with his clothes
drenching in blood, a swollen head and blood was oozing from his ears.
Mrs. Koome reports that her husband seemed to have been in a lot of pain as he
groaned.
Mr.Koome died hours later while receiving treatment at the KNH facility.
In the previous court proceeding, it was revealed that that the Chief Inspector
Nahashon Mutua killed Koome by clobbering him with a metal bar in the cell and
immersing his head in the water.
KNH doctors confirmed that Koome had deep wounds on the head, brain hemorrhage,
cuts on the lower lip, eight fractured ribs and extreme bleeding from the neck
leading to his death.
Cover-up
It was detailed during the court proceedings that suspects arrested on the
material day revealed and confirmed Mr.Koome was beaten for over 30 minutes and
his head immersed in water by the Police chief.
The suspects revealed that not even efforts by Koome to come out of the water
stopped the OCS from brutalizing him.
The Chief Inspector Nahashon Mutua had previously stated that there was a fight
between Koome and an inmate which led to the injuries, in what was seen as a
cover-up story as the judge ruled that all the witnesses stated contrary.
“Why wasn’t the fight heard by police officers who were on duty or recorded in
the Occurrence Book? It goes to show that he was in a cover-up mission,” Judge
Stella Mutuku questioned.
The police chief Inspector further implicated Kelvin Odhiambo, an inmate, in
the murder, and wrongfully charged him.
Kelvin Odhiambo, however, sought help from the Independent Policing Oversight
Authority where he confessed and narrated the occurrence that led to Koome’s
death. The charges set against Odhiambo were since withdrawn and he became a
witness against Chief Inspector Nahashon Mutua.
The judge revealed that Mutua’s plan to cover up the truth and escape justice
had gone as far as faking medical report, footing medical fees for one of the
suspects to testify against Odhiambo and illegally setting free suspects held
at the Baba Dogo station.
(source: sokodirectory.com)
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