April 6
ABKHAZIA:
Breakaway Abkhazia to reintroduce the death penalty for drug crime from 2020
Breakaway authorities in Abkhazia plan to lift its moratorium on capital
punishment in 2020 as tougher sentences are brought in against drug crime.
The de facto parliament of breakaway Abkhazia has adopted a new law which
imposes tougher punishments for selling large quantities of drugs, including
life sentence and even death penalty.
The law also provides for other draconian measures against drug-related crimes,
including abolishing the right to pardon and the rule of early release, as well
as barring the person’s from occupying public offices within 3 years of
release.
Under the new law, driving a car while high also qualifies as a criminal
offense. The sentence for this will be a fine of 600,000 rubles (USD 9,200) and
being stripped of the right to occupy a public office for 1 year.
The moratorium on the death penalty in Abkhazia was introduced in 2007.
(source: Democracy & Freedom Watch)
TAIWAN:
Drink Drivers In Taiwan Face Death Penalty Under Proposed New Law
Drink drivers in Taiwan who cause fatal accidents could face the death penalty
under a new proposed law.
A draft amendment to the Criminal Code in the country would make death by drink
driving an indictable murder offence.
For the most egregious cases, it could be punishable by death if the court
finds the action to have been intentional.
According to Channel News Asia, the cabinet approved the draft amendment
earlier today (March 28), which is now awaiting parliamentary approval.
Currently in Taiwan, the maximum sentence for causing a fatal accident while
drink driving in 10 years in prison.
The proposed law would increase this for repeat offenders who commit a new
offence within 5 years of their 1st conviction.
They would face 12 years for causing grave injuries, and a life sentence for
causing a death.
The proposal comes after a series of deaths caused by drink driving generated
widespread outrage in the country.
In January, a 40-year-old man killed 3 people after crashing his van into a
taxi while drink driving.
Announcing the proposed new law, the Justice Ministry said in a statement:
Cases of drunk driving leading to death are rampant… drink drivers recklessly
caused accidents that took lives and destroyed families to result in
irreparable regret.
Very few countries use the death penalty for drink driving cases.
Some states in the United States use capital punishment, while China has
previously vowed to execute those who cause a fatal accident while drink
driving.
In 2014 in Texas, a man was indicted on capital murder after he drove his car
into a crowd while intoxicated, killing 4 people.
Prosecutors ended up not seeking the death penalty, so the man was sentenced to
life in prison.
The proposed new law has sparked an outcry in Taiwan, as several rights group
criticised the amendment, issuing a joint statement calling for ‘rational
legislation for irrational drunk driving’.
The statement, which was written by groups including the Taiwan Association for
Human Rights, added:
There is a lack of evidence and research that seeking grave penalties and
legislation would truly prevent drunk driving.
After a 5-year hiatus, Taiwan started using capital punishment again in 2010,
despite several rights groups calling for its abolition.
The public have shown their support for keeping the death penalty though in
various surveys which have been conducted over the past few years.
(source: unilad.co.uk)
SAUDI ARABIA:
Saudi govt adamant over execution of Nigerian woman
The Saudi Arabian government has insisted that the execution of Mrs Kudirat
Adesola Afolabi, a widow and mother of 2, was carried out after exhausting all
legal procedures.
The government also said it is determined to apply the law on any person
against whom evidence is established in order to combat drug trafficking and
protect its citizens from drug menace.
The Saudi Arabian government’s position was made known after the Saudi Arabian
Ambassador to Nigeria, Adnan Bostaji, said in Abuja on Thursday after a closed-
door meeting with the Permanent Secretary, Ministry of Foreign Affairs,
Ambassador Mustapha Suleiman, that the execution was in compliance with the
laws of the country.
Recall that Afolabi was on Monday executed in Saudi Arabia alongside two
Pakistan nationals and a Yemeni for trafficking in drugs.
The Embassy of Saudi Arabia in Abuja, while reacting to media reports credited
to the Senior Special Assistant to the President on Diaspora, Abike
Dabiri-Erewa, said Afolabi was accorded every legal right before the death
sentence was carried out on her.
Dabiri-Erewa was reported to have said that the execution of Afolabi was
pathetic and tragic, adding that the news of the tragedy was painful.
The embassy however said death sentence is only carried out in the Kingdom of
Saudi Arabia after all proofs and legal evidence have been exhausted.
“With reference to the statement by the Senior Special Assistant to the
President on Foreign Affairs and the Diaspora, Mrs. Abike Dabiri-Erewa, as
published on the cover page of The Nation newspaper of 3/4/2019, titled “Fed
Govt kicks as Saudi Arabia executes Nigerian,” written by Augustine Ehikioya,
the Royal Embassy of Saudi Arabia, Abuja, clarifies as follows:
“The Embassy affirms that all legal and judicial procedures were followed
regarding the accused person, and she was accorded every legal right before the
death sentence was carried out on her.
“All accused persons subjected to the legal process in Saudi courts of law are
allowed access to lawyers to litigate on their behalf, and the kingdom avails
itself the responsibility to provide lawyers for any persons that have no
financial ability to do so.
“All convicted persons on whom the death penalty has been carried out in the
Kingdom of Saudi Arabia have gone through trials characterised by legal
guarantee of justice to their case because the Kingdom’s judicial system is
established on objectivity and is dependent, in terms of its rules and
regulations, on the Islamic Law, which has always restored rights to their
owners and done justice to the victims. This is what the Kingdom has always
affirmed.
“The death sentence is only carried out in the Kingdom of Saudi Arabia after
all proofs and legal evidence have been exhausted regarding the accused, and
the process goes through various legal stages until the allegations against the
detained persons have been proven beyond reasonable doubt,” the Saudi Arabian
government said.
The Saudi Arabian government further said its Ministry of Foreign Affairs is
always in consultation with foreign embassies and consulates in the Kingdom, of
which are the Nigerian Embassy in Riyadh and Consulate-General in Jeddah.
It added that the ministry provides the embassies and missions with all
facilitation and information and allows their staff to visit their nationals
that are detained, vis-à-vis, a variety of charges related to the different
stages of their detention and prosecution, adding that it allows every form of
their request through the normal channels.
“It is well-known for all those interested in traveling to the Kingdom of Saudi
Arabia that the penalty for drug trafficking is the death sentence and the said
sentence is applied on all persons convicted without any exceptions, as long as
the evidence is established against them, and this is conveyed to every person
prior to his trip to the Kingdom of Saudi Arabia.
“The Kingdom of Saudi Arabia does not neglect the enforcement of penalties in
terms of matters of drug trafficking and is determined to apply the law on any
person against whom evidence is established in order to combat drug trafficking
and protect its citizens from this dangerous menace,” the Saudi Arabian
government further said.
(source: sunnewsonline.com)
***********************
Drug trafficking: Another Nigerian risks execution in Saudi Arabia
Another Nigerian has been arrested in Jeddah airport, Saudi Arabia for
allegedly smuggling about 1,138g of cocaine, the Senior Special Assistant (SSA)
to the President on Diaspora, Mrs Abike Dabiri-Erewa, has said.
Dabiri-Erewa in an interview with newsmen in Abuja Friday expressed
disappointment that this was coming shortly after a Nigerian lady was executed
in the same country for a related offence.
“The sad thing is that in the midst of talking of about 20 Nigerians on death
row, even as eight had been executed, just yesterday another Nigerian, Wahid
Somade, was arrested at Jeddah airport with about 1,138g of cocaine.
“The latest one would be added to those that could be executed. We keep
appealing to the Kingdom of Saudi Arabia to ensure that the trial is fair,”
Dabiri-Erewa said.
On the execution of a Nigerian for drug-related offences on Monday, the
presidential aide appealed to Nigerians to obey the laws of countries they go.
“After informing her family, the ministry of foreign affairs officially
released the name of the lady that was executed in Saudi Arabia a few days ago
and her name is Kudirat Afolabi, a widow and a mother of 2.
“We pay our condolence to the family and keep begging Nigerians to obey the
laws of other countries and Saudi has replied us officially, saying their law
is their law.
“However, diplomatic engagement will continue at the highest level. It does not
matter where you come from, you hold a green passport. Do not let a few people
denigrate every one of us,” she said.
Dabiri-Erewa also called for concerted efforts on compulsory baggage
identification at airports as well as more security surveillance and cameras at
screening points at the airports.
Meanwhile, a statement from the Royal Embassy of Saudi Arabia in Abuja
clarified that all legal and judicial procedures were followed regarding the
accused person.
The embassy stated that death sentence is only carried out after all proofs and
legal evidence have been exhausted regarding the accused.
Specifically on Afolabi, the Saudi Embassy reaffirmed that all legal and
judicial procedures were followed regarding the accused person and she was
accorded every legal right before the death sentence was carried out on her.
The embassy also reiterated that the penalty for drug trafficking is the death
sentence and applied to all persons convicted without any exceptions.
(source: blueprint.ng)
EGYPT:
Court recommends death penalty for 7 over 2016 Giza hotel attack
Giza Criminal Court recommended the death penalty for 7 defendants accused of
orchestrating a 2016 attack on a tourist bus and hotel near Egypt’s Giza
Pyramids.
The attack left no injuries but caused windows of the Three Pyramids Hotel to
smash and damages to the vehicle. The assailants threw home-made fireworks, and
shot pellet gun towards security forces outside the hotel.
The court, presided by Judge Nagy Shehata, set June 22 to witness the final
verdict in the case that includes 23 defendants; 23 detained and 3 at large.
The case was referred to Egypt's Grand Mufti for for religious consultant.
The public prosecution has accused the defendants of joining an outlawed group;
supporting it with weapons and funds; attacking the Three Pyramids Hotel;
possessing fire weapons and ammunition, and illegally gathering, resisting
police forces and destroying public facilities.
(source: Egypt Today)
******************
Police Officer Sentenced to Death for Killing Coptic Father and Son
According to Egyptian local media outlet Daily News Egypt, a police officer was
given the death sentence for killing a Coptic father and son near a Minya
church.
The verdict, given by the Minya Criminal Court on Tuesday, followed the
defendant’s admission to committing the crime.
Rabea Mustafa Khalifa, the perpetrator, was a church guard who shot live
ammunition against Emad Kamal Sadeq aged 49 and David, his son, aged 21,
killing them both following a dispute.
The victims, described as construction workers in some outlets, were removing
the ruins of a demolished house near the al-Nahda Evangelical church prior to
the argument with the police officer, according to the Diocese of Minya and Abu
Qurqas.
The crime occurred mid-December 2018, with hundreds of Copts attending the mass
funeral service of the victims, lead by Bishop of Minya, Anba Macarius, despite
the reigning anger regarding the lack of protection allocated to Copts in
Egypt.
“We demand that the armed police individuals guarding the churches undergo a
reviewal process; this is also to assess their qualification to carry live
weapons, so that they do not become a source of danger, not protection against
dangers,” had stated the Bishop on his Twitter account.
Mid 2018, the Christian community in a Minya village faced a mob of extremists
attacking their church after it received approval to build a church. The
scenario was made worse as the police failed to intervene, with one officer
promising the attacker that there would be no more churches in the village.
It is estimated that 10 % of the Egyptian population is Coptic although the
Coptic Church states that the percentage is around 15 % or more.
(source: egyptianstreets.com)
BRUNEI:
Major travel company boycotts Royal Brunei Airlines
A major travel company has said it will no longer offer flights from the Brunei
owned airline.
STA Travel has said it is to stop offering its customers flights from the
Brunei-backed airline, Royal Brunei Airlines. The move to boycott the airline
has come on the back of the decision of the nation’s government to use the
death penalty to punish sex between gay and bisexual men.
From last week gay and bisexual men who are caught having sexual relations will
be stoned to death in a brutal shake-up of the nation’s laws. The new
punishment which has its basis in sharia law also allows for stoning for those
caught committing adultery and apostasy.
The travel company has also offered refunds for anyone who has already bought
tickets to travel on the Airline.
The airline, which is a small player in terms of airline size enjoys codeshares
with 10 other airlines including KLM Royal Dutch Airlines and Thai Airlines.
In a statement to THEGAYUK, STA travel said,
“We’re proud of our open and diverse culture and we expect our partners to
demonstrate the same. We do not support in any way the laws being introduced in
Brunei (including on Brunei-registered aircraft and vessels). Because of this,
we have stopped selling Royal Brunei Airlines flights.
“Anybody who bought Royal Brunei Airlines tickets through STA Travel and who no
longer wants to use them can claim a refund, and we will help those customers
to make alternative travel arrangements.
“We’ve taken this stance to add our voice to the calls on Brunei to reverse
this change in the law and in support of LGBTQI people everywhere.
(source: thegayuk.com)
*********************
Rising number of businesses cut ties with Brunei over gay sex death penalty
Travel agents, London's transport network and finance houses were among the
rising number of companies on Friday (Apr 5) to cut ties with businesses owned
by Brunei to protest over the Sultanate's introduction of the death penalty for
gay sex and adultery.
The Muslim-majority former British protectorate on Apr 3 began implementing
Sharia laws which punish sodomy, adultery and rape with death, including by
stoning, and theft with amputation.
As protests mounted globally, a corporate backlash gathered pace after actor
George Clooney and singer Elton John called for a boycott of hotels owned by
the Southeast Asian country, including the Dorchester in London, the Beverley
Hills Hotel in Los Angeles, and the Plaza Athenee in Paris.
STA Travel, a global travel agency owned by privately-held Swiss conglomerate
Diethelm Keller Group, said it would no longer sell flights on Brunei's
national carrier, Royal Brunei Airlines.
"We've taken this stance to add our voice to the calls on Brunei to reverse
this change in the law and in support of LGBTQI people everywhere," the company
said in a statement.
Transport For London (TfL), which is responsible for London's transport system,
removed adverts promoting Brunei as a tourism destination from the city's
public transport network.
"Given recent information that has come to light, it is clear that this is an
issue of great public sensitivity and controversy so the advert will be removed
from our network," TfL said in a statement.
Virgin Australia Airlines, the 2nd biggest airline in Australia after Qantas,
ended an agreement that offered discounted tickets on Royal Brunei Airlines for
staff.
Royal Brunei did not respond to requests for comment.
Royal Brunei has arrangements with about 40 airlines, including British
Airways, Air France-KLM and Qantas, that allow it to sell the other carriers'
tickets.
British Airways said: "We keep all our agreements under constant review."
Deutsche Bank banned its staff from staying in the nine hotels of the
Dorchester Collection, which is owned by Brunei's state-owned Brunei Investment
Agency (BIA).
BIA did not respond to a request for comment.
The Dorchester Collection, however, said its values were "far removed from the
politics of ownership".
"We understand people's anger and frustration but this is a political and
religious issue that we don't believe should be played out in our hotels and
amongst our 3,630 employees," the Dorchester Collection said in a statement on
its website.
(source: channelnewsasia.com)
MALAYSIA:
Liew: Process of abolishing death penalty ongoing, more time needed after
moratorium
The process to abolish the mandatory death penalty is still ongoing as the
government has to deal with various issues following the moratorium on all
pending executions, says Datuk Liew Vui Keong.
The Minister in the Prime Ministers Department expects the studies on this to
be completed within two months, and for amendments to the law to be considered
in the July sitting of Parliament.
"We need a bit of time, we will get all the feedback from the relevant
stakeholders to look into those issues," he told reporters after giving a talk
on the mandatory death penalty at the Judicial and Legal Training Institute
(Ilkap) on Friday (April 5).
Amendments to the laws will allow judges to use their discretion in sentencing
those convicted.
As of October last year, there were 1,281 people on death row, although a
moratorium on executions since October last year is still in place.
There are currently 11 offences punishable under the mandatory death sentence.
The Minister in the Prime Ministers Department said that there were still
issues with Sec 39b of the Dangerous Drugs Act, where judges have discretion in
sentencing provided those convicted satisfy 4 conditions.
Liew said one of those conditions was assisting police to deter drug activity,
a condition that was very hard to satisfy.
He said this was the case of "Dr Ganja", a former armed forces captain who was
sentenced to death for possessing, processing and distributing medical
marijuana (cannabis oil).
When asked if there would still be the total abolishment of the death penalty,
Liew said he would urge the Cabinet to look into it.
When asked why they were not abolishing capital punishment in total, Liew said
they listened to the voices of the people.
In October last year, Liew said that the Cabinet had decided to abolish the
death penalty with a moratorium for those on death row.
In March, however, Deputy Minister in the Prime Minister's Department (in
charge of law) Mohamed Hanipa Maidin announced in Parliament that the
government is proposing to introduce sentencing discretion for 11 offences
under the Penal Code and Firearms (Increased Penalties) Act, 1971, which
currently carry the mandatory death penalty.
In a survey of 3,600 respondents conducted by The Star Online last year, almost
half of those surveyed were against the Cabinet's plan to abolish the death
penalty.
About 45% felt the death penalty was needed to keep hardcore criminals at bay
while 32% said it was still needed for violent crimes, especially crimes
against children.
Only 23% fully supported the total removal of the death penalty, saying it has
no place in modern society.
(source: The Star)
*********************************
Federal Court strikes down 'double presumptions' provision for drug trafficking
conviction
The Federal Court nine-member bench today struck down a provision under the
Dangerous Drug Act 1952 (DDA) which allows the use of "double presumptions" to
secure the conviction of an accused person charge for drug trafficking.
In a landmark decision, the bench led by Chief Justice Richard Malanjum
declared Section 37A of the DDA unconstitutional as it violated Article 5(1)
read with Article 8(1) of the Federal Constitution.
Article 5(1) states that no one shall be deprived of his life or personal
liberty while Article 8 (1) states all persons were equal before the law and
entitled to equal protection of the law.
"We are of the view that Section 37A prima facie violates the presumption of
innocence since it permits an accused to be convicted while a reasonable doubt
may exist," said Malanjum.
The mandatory death penalty would be imposed on an accused person found guilty
for drug trafficking.
Section 37A of the DDA was enacted in 2004 to allow the prosecution to rely on
presumptions of "possession and knowledge of the drug" under Section 37 (d) and
"trafficking" under 37 (da) of the DDA to secure convictions against drug
traffickers.
The section overruled the Federal Court decision in a 1998 case of Muhammed bin
Hassan v Public Prosecutor which had held that the use of the two presumptions
was unduly harsh and oppressive.
The effect of section 37A, on the operation of the 2 presumptions was that once
the prosecution proves that an accused person had the custody and control of
the drugs and the accused is presumed to have possession and knowledge of the
drug.
The "deemed possession" is then used to invoke a further presumption of
trafficking the drugs.
In his decision, Malanjum said section 37A constituted a substantial depature
from the general rule, which could not be justified by and was disproportionate
to the legislative objective it served.
He said the application of what may be termed the "double presumptions" under
the two subsections gave rise to a real risk that an accused may be convicted
of drug trafficking in circumstances where a significant reasonable doubt
remains.
"In the light of the seriousness of the offence and the punishment it entails,
we find that the unacceptably severe incursion into the right of the accused
under Article 5(1) fails to satisfy the requirement of proportionality housed
under Article 8(1)," he said.
Death sentences for duo quashed
Malanjum then quashed the convictions and death sentences of two female foreign
nationals - Filipino Alma Nudo Atenza, 43, and Thai national Orathai Prommatat,
27 - who were found guilty for drug trafficking.
The court substituted their respective convictions to one of possession and
sentenced Atenza to 18 years jail and Prommatat to 15 years jail respectively
for possession of the drugs.
Atenza and Prommatat were ordered to serve the jail term from the date of their
arrest respectively on Aug 19, 2014 and July 17, 2014.
Atenza was charged with trafficking 2.5 kg of methamphetamine at the Kuala
Lumpur International Airport in Sepang on Aug 19, 2014 while Orathai was
accused of trafficking 693.4 grammes of cocaine in a room of the Arena Star
Luxury hotel in Jalan Hang Lekiu in Kuala Lumpur on July 1, 2014.
Both women were found guilty by the High Court and their respective appeals
were dismissed by the Court of Appeal in 2015 and 2016.
The other judges were Chief Judge of Sabah and Sarawak David Wong Dak Wah and
Federal Court judges Ramly Ali, Balia Yusof Wahi, Alizatul Khair Osman
Khairuddin, Rohana Yusuf, Tengku Maimun Tuan Mat, Abang Iskandar Abang Hashim
and Nallini Pathmanathan.
(source: malaysiakini.com)
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