August 9
SUDAN:
Sudan junta drops death penalty against rebel leaders
Sudan’s ruling Transitional Military Council (TMC) has cancelled the death
penalty that was issued against Sudan People’s Liberation Movement-North
(SPLM-N) leader Malik Agar, his deputy Yasir Arman, and 15 others in 2014.
The TMC said in a statement on Thursday that the decision to abolish the death
penalty came as part of measures to achieve peace in Sudan, confirmed by the
Constitutional Declaration agreed on by the junta and the Forces for Freedom
and Change a week ago.
In March 2014, after a 9-months trial, a special court in Singa, capital of
Sennar, sentenced 17 members of the SPLM-N to death by hanging in absentia. 46
other detainees were sentenced to life imprisonment, while 31 were acquitted.
Those sentenced were among about 100 detainees who faced trial for their
alleged involvement in the outbreak of the war in Blue Nile state in September
2011.
Following the ousting of President Omar Al Bashir in a military coup on April
11, the SPLM-N faction under the leadership of Malik Agar, decided to send a
delegation to Khartoum. On May 26, Yasir Arman arrived in the Sudanese capital.
The stated goal of his visit was "to go to Khartoum, reach a just peace,
linking between peace, democracy, and citizenship without discrimination and
social justice."
In spite of the death penalty, Arman was not subjected to any harassment at his
arrival at Khartoum airport. Yet, he soon received 6 letters; 5 by Lt Gen
Mohamed Hamdan ‘Hemeti’, Deputy chairman of the TMC, and one by the chairman of
the junta, Lt Gen Abdelfattah El Burhan, demanding he leave Sudan.
The rebel leader was detained on June 5. 5 days later, he was deported to the
South Sudanese capital of Juba, together with SPLM-N secretary-general Ismail
Khamis and spokesman Mubarak Ardol.
(source: dabangdasudan.org)
BOTSWANA:
Botswana’s capital punishment debate rages on
The alarming rise of murder cases in Botswana has led to calls for a moratorium
on the death penalty because it appears to have failed to stem the tide.
However, another school of thought insists that the death penalty is still
necessary in order to deter would-be murderers.
According to statistics released by the the Botswana Police Service last year,
a total of 194 murder cases had been recorded between January and mid-September
2018.
Out of these, 87 involved women killed by their lovers. On the contrary, only
one male victim was killed by his female lover.
The debate on the death penalty was ignited by human rights group Ditshwanelo
and prominent lawyer Kgosi Ngakaagae who continue to argue that the death
penalty should be abolished.
"Ditshwanelo condemns and remains opposed to the use of the death penalty as a
means of punishment," the group's executive director Alice Mogwe said.
She called on the Botswana government to "take the lead in condemning the use
of fatal force, which leads to the loss of life."
"It should instead strive to protect life, including that of the offender," she
said.
According to Mogwe the Botswana authorities "should look for alternatives to
addressing crimes which lead to capital offences by dealing decisively with
their causes."
"This approach will contribute to the reduction of such crimes. We regard this
as crucial as a nation which prides itself on being peaceful and non-violent."
Ngakaagae said there are currently 2 men on death row in Botswana.
"Sometimes you don’t understand these old men and how they reason. Many have
died because of the Court of Appeals errors of judgment,” he said, citing
alleged trial errors noted in the cases of murder convicts Gwara Brown and
Thabologo Mauwe more than 20 years ago.
Brown and Mauwe's hanging was halted hours before they were to meet with the
hangman after human rights attorney Kgafela Kgafela intervened and won them
freedom in 1998.
Veteran journalist Pamela Dube is of the view that the debate of whether death
penalty is a deterrent to murder is not as fierce as before.
"In the face of anger, opponents of capital punishment choose not to speak
out," Dube said.
She called on the Botswana parliament should repeal the death penalty.
"And the chance to engage on the matter is now, in the period of
electioneering,” said Dube.
Botswana goes for general elections in October.
Other Botswana took to social media to express their views on the debate.
Keboh Motjhibameleh said: "But are you guys (Ditshwanelo) aware of heinous
murders by accused persons on bail? Should we wait for them to exterminate us
before we (that's if we will be there) eliminate them? I'll tell you the most
effective alternative to capital punishment. Send them killers to live with
aliens in another planet."
Bokamoso Xavier said: "You (Ditshwanelo) won’t stop the nation. We are united
on this: whoever kills must die by the sword; we hang in Botswana."
The European Union Delegation in Botswana, which is opposed to the death
penalty, has since called on the government to initiate a public debate on its
use of corporate punishment.
Justice Minister Shaw Kgathi has however dismissed the EU’s calls. saying
Botswana would only take advice on the amendment of national laws if it came
from its people.
(source: apanews.net)
CHINA:
New judicial explanation to regulate death penalty review, execution
The Supreme People's Court (SPC) is to enforce a judicial interpretation on the
review and execution procedures for the death penalty to protect the convicts'
lawful rights and interests starting from Sept. 1, the SPC announced Friday.
When delivering the judgment documents to the defendants, higher people's
courts should notify the defendants of their rights to be represented by a
lawyer when the SPC is reviewing their death sentences, the judicial
interpretation stipulates.
The defense lawyer is obligated to submit relevant evidence materials and
documents to the SPC within 10 days after the acceptance or designation to be
the defense lawyer, and present the statement of defense within 45 days, the
interpretation says.
When the statement or evidence may affect the review results of the death
sentence, the execution should be suspended or ceased, even if the ruling of
the review has been made, according to the judicial interpretation.
The people's courts should also inform the convicts of their right to meet
their close relatives and grant their applications for recording their last
words with audio or video devices, it adds.
Requests for meeting convicts under the death penalty by close relatives should
be allowed, unless the convicts refuse the meeting, the judicial interpretation
says, adding that the convicts have the right to ask for meeting with their
friends or relatives other than close relatives on the premise of safety.
The convicts' requests for meeting with their minor children should be granted
with the consent of the minors' guardians and conducted in a way that brings no
physical or psychological harm to the minors, it says.
(source: xinhuanet.com)
INDONESIA:
6 nabbed with 240 kg of marijuana face death penalty: BNN
The National Narcotics Agency (BNN) has thwarted an attempt to smuggle 240
kilograms of marijuana hidden inside compressor cylinders and nitrogen
cylinders into Kramat Jati, East Jakarta.
6 people who were arrested while allegedly acting as couriers in the smuggling
attempt possibly face the death sentence if convicted of the crime, BNN
eradication division deputy head Insp. Gen. Arman Depari said.
Authorities arrested 4 of them on Thursday afternoon at a rented house
allegedly used as a storehouse behind state-run elementary school SDN Kramat
Jati 02 Pagi, after trailing them throughout the day. The other 2 alleged
couriers were arrested later.
During a raid the BNN confiscated a total of 240 kilograms of marijuana, the
cylinders and a toolbox kept by the suspects in the rented house.
The marijuana were reportedly brought from Aceh and was to be distributed
throughout Jakarta and West Jakarta.
"We will investigate the roles and work [of the accused people] and whether
they have been fully involved or helping one of the syndicates that distribute
marijuana," Arman said as quoted by kompas.com on Thursday.
"[They] face possible death sentences because [they were allegedly] in
possession of and have transported a large amount [of marijuana]," he said.
The drug agency said it believed that the illegal distribution of the marijuana
from Aceh was controlled by inmates of the Cirebon Class I Penitentiary in West
Java.
After questioning the suspects, Arman said the BNN found that the storehouse
was owned by a former drug convict who had gotten out of prison after serving
his 4-year sentence.
Indonesia is known to have some of the world’s strictest drug laws as they
involve the death penalty.
(source: The Jakarta Post)
SRI LANKA:
Private members motion to abolish capital punishment challenged at supreme
court
Deputy Speaker of Parliament Ananda Kumarasiri today (August 9) said that the
private members’ motion presented to parliament to abolish the capital
punishment has been challenged at the Supreme Court.
Speaking at parliament he further said that the copies of the 3 petitions
submitted to parliament calling for the abolishment were received by the
speaker.
(source: newsfirst.lk)
****************
The death penalty is never the answer -- India has a more humanitarian approach
towards drug offenders than its neighbours Bangladesh and Sri Lanka
After a moratorium of 43 years, the gallows were getting ready in Sri Lanka. 2
executioners with ‘excellent moral character’ and ‘mental strength’ were
appointed. A list of 4 convicts - involved in drug offences - to be hanged was
prepared. On June 26 - the International Day Against Drug Abuse and Illicit
Trafficking - the Sri Lankan president, Maithripala Sirisena, announced that he
had signed the requisite documents for the imposition of the death penalty for
drug-related offences.
But these executions had to be stalled. The country’s Supreme Court, on July 5,
issued a temporary injunction against the execution of the four convicts until
October.
It is only an interim relief for the convicts, as Sirisena, who is likely to
fight a re-election in December, looks adamant upon imposing the death penalty.
A week after the parliamentarian, Bandula Lal Bandarigoda, submitted a private
member’s motion seeking to block the return of capital punishment, Sirisena, on
July 14, said he will declare a national day of mourning if the Sri Lankan
Parliament blocks his proposal to reinstate the death penalty. Sirisena, it
seems, wants to rely on the populist rhetoric against the threat of drug use
and convince people about his ‘social commitment’ to eradicating the menace
before the elections. He wants the hangings to be a ‘powerful’ message to the
illegal drug trade.
According to government data, 60 % of the 24,000 prisoners in Sri Lanka are
drug offenders. Currently, 48 people have been convicted of drug offences. All
death penalties for drug convicts in Sri Lanka were commuted to life
imprisonment for the past 43 years. The death penalty for drug-related offences
is a violation of Article 6 of the International Covenant on Civil and
Political Rights, to which Sri Lanka is a party. Ironically, last year, Sri
Lanka was among the 121 countries that endorsed a United Nations general
assembly resolution calling for a moratorium on the death penalty.
Human rights bodies argue that punitive drug policy has not acted as a
deterrent anywhere. Over 170 countries are said to have either abolished the
death penalty or taken a position in favour of ending executions. But Sirisena
is in no mood to listen. He even rejected an appeal by the UN
secretary-general, António Guterres, to reconsider his decision. He has also
demanded the death penalty for the perpetrators of the Easter Sunday attacks in
April that killed over 258 people by calling the attack the handiwork of
international drug dealers "who wanted to discourage [his] anti-narcotics
drive."
Besides Sri Lanka, Bangladesh is another south Asian country which imposes the
death penalty for drug offences. Last year, its Parliament passed the narcotics
control bill, 2018 which, alongside the life sentence, also has a death row
provision for producing, trading and using 200 grams or more of yaba, or more
than 25 grams of heroin and cocaine. Human rights bodies demanded a revocation
of the law but their voices remained unheard. 2 death sentences for drug
trafficking were pronounced last year. Ahead of the general elections in
December 2018, the prime minister of Bangladesh, Sheikh Hasina Wajed, adopted a
populist anti-drug stance by launching a campaign to toughen punishments for
drug crimes. More than 250 people were killed in anti-drug operations between
May and December in 2018. The Philippines-style ‘war on drugs’ campaign has
targeted the poor and underprivileged. In some cases, human rights activists
alleged, the killings may have been ‘politically motivated’.
In contrast, India has a more humanitarian approach towards drug offenders. In
2011, the Bombay High Court declared Section 31A of the Narcotic Drugs and
Psychotropic Substances Act, 1985, that imposed a mandatory death sentence for
a subsequent conviction for drug trafficking, ‘unconstitutional’. Later, it
made the imposition of capital punishment on a person convicted only for a
subsequent offence involving possession, production or transportation of
specified drugs and quantities optional and not obligatory.
The Death Penalty for Drug Offences: Global Overview 2018, published by Harm
Reduction International - a London-based NGO working on social and legal
impacts of drug use and drug policy - stated that only 6 of 915 death sentences
pronounced in India from 2011 onwards were for drug offences. Last year, the
Punjab government called for expanding the death penalty that is currently
applicable for child rape convicts to 1st-time drug offenders. But the Central
government rejected it, arguing that the UN office on drugs and crime opposes
the imposition of the death penalty for drug offences. Moreover, last year, the
Congress parliamentarian, Shashi Tharoor, introduced a private member’s bill in
Parliament seeking a total abolition of the death penalty.
But the Indian Parliament, last week, passed the protection of children from
sexual offences (amendment) bill, 2019, seeking to impose the death penalty for
aggravated sexual assault against children. This bill has been passed at a time
when a girl, allegedly raped by a former leader of the ruling Bharatiya Janata
Party when she was a minor in 2017, is battling for life in hospital.
Ironically, the BJP, which supports the death penalty and proclaims its love
for the ‘betis’ of India, expelled the rape accused from the party only last
week, more than a year after his arrest.
(source: Sonia Sarkar, lankaweb.com)
INDIA:
Death sentences rise in India, drop globally----On the other hand, around 690
executions were recorded in 20 countries in 2018, a decrease of 31 % compared
to 993 in 2017.
The death sentence awarded by a Warangal district court on Thursday in
connection with the rape and murder of a 9-month-old girl comes 13 months after
2 accused in twin blasts at Gokul Chat and Lumbini Park in Hyderabad in 2007
were sentenced to death.
According to the Amnesty International records, 162 persons were awarded death
sentence across the country in 2018, taking the number of people on death row
to 426 in that particular year while the number in 2017 was put at 371.
The 162 death sentences awarded in 2018 are the highest in a calendar year
since 2000. The year also witnessed the legislative expansion of the death
penalty for non-homicide offences, most prominently for sexual violence against
children. However, the Supreme Court moved in the opposite direction, commuting
11 out of the 12 death sentence cases it decided in 2018.
On the other hand, around 690 executions were recorded in 20 countries in 2018,
a decrease of 31 % compared to 993 in 2017.
A research by Project 39A at the National Law University Delhi, also indicated
that Indian courts gave 162 death sentences in 2018 — including 45 for murder
and 58 for murder involving sexual offences — a 50 % increase compared to the
numbers in 2017
(source: newindianexpress.com)
*******************
Death penalty for rapist
An unusual grin flashed on the faces of most of the people who were present on
the premises of Warangal District Court when the Judge on Thursday pronounced
death sentence to 28-year-old Polepaka Praveen who molested and killed a
9-month-old infant in Hanamkonda on June 19. Considering the time elapsed - 51
days - since one of the heinous crimes that Warangal had ever witnessed, it was
a landmark judgment indeed.
The judgment may not bring back their loving child, but it would certainly be a
solace for the parents of the infant - K Jagan and Rachana. The day began with
all eyes on First Additional District/ POCSO Special Court Judge K Jaya Kumar,
and of course the accused Praveen who was whisked to the court room amid tight
security by the police.
Bringing down curtains to the trial that began on July 24 taking cognizance of
no less than 30 witnesses and CCTV footage that corroborated the crime
committed by Praveen, the Judge Jaya Kumar passed a sentence of death by
hanging to Praveen.
It may be recalled here the fateful night intervening June 18 and 19, Praveen
picked up 9-month-old Srihitha when she was fast asleep aside her mother on the
terrace of a 3-storied building in Kumarpally area of Hanamkonda. Before the
infant's mother and other relatives noticed, Praveen took the baby to a
secluded place in the same neighbourhood where he molested her.
The infant died before she was taken to a hospital.
The case triggered a lot of ruckus in the city with Opposition parties and
civil societies taking to streets demanding capital punishment to the accused.
With the police taking their own time to file the charge sheet in a fool-proof
manner, the protests continued demanding the intervention of State Government
to set up a fast-track court to punish the accused so that it would be an eye
opener to the unscrupulous persons. Against this backdrop, the Warangal Police
Commissionerate took the case as a challenge and completed the investigation
headed by ACP Ch Sridhar, Inspectors A Sampath and P Sadaiah in 3 weeks coming
up with a fool-proof chargesheet obtaining DNA, post-mortem, FSL and other
reports.
It may be mentioned here that the police registered cases under Sections IPC
376 A, 376 AB, 449, 363, 379, 302and Section 5 (IM) read with Section 6 of
Protection of Children from Sexual Offences (POCSO) Act of 2018 against
accused.
Minister for Panchayat Raj Errabelli Dayakar Rao said: "The judgement is a
stern warning to those perverts who were resorting to crimes against women and
children."
Warangal West MLA Dasyam Vinay Bhasker said: "It's a welcome judgment. A solace
to the infant's parents."
Warangal commissioner of Police V Ravinder said: "We took it as a challenge and
gathered information in a scientific manner, so that the accused get a maximum
punishment."
(source: thehansindia.com)
SINGAPORE:
Why drug crime increase in Singapore and its capital punishment is not
effective? - Sangkari Pranthaman
Despite strict laws and strong deterrent efforts from authorities, the drug
problem in Singapore arises not solely due to addiction by abusers, but because
there are other social problems that are interconnected with this issue such as
gambling addiction, financial difficulties arising from high costs of living,
acceptance by a younger and more liberal population which includes students who
pick up recreational use of substances when they study overseas, depression
arising from class gap, among many others.
Drug abusers in Singapore are sentenced to long-term imprisonment but this does
not achieve its intended result, though it still remains unclear as to what
Singapore lawmakers are hoping to achieve, in the first place.
Even if the government decides to make amendments to its laws, it takes far too
long for it to happen, which would leave dozens of families and personal
relationships far too broken by then. Besides that, far from being deterred and
learning the error of their ways in prison, those who have been incarcerated,
upon release, go on to learn the tricks of the trade from others, get involved
again in dealing with drugs and become more interwoven in drug-taking and
peddling social network and culture.
Discrimination towards ex-convicts in society leaves them unable to get new
jobs which then leads them to commit the same offence again, coupled with the
other factors mentioned above. Better the devil that you know, than the one
that you don’t.
Placing all the blame on a drug mule, a first-time offender, who might have
been a victim of circumstances and sentencing him/her to death is not the
solution to fight against drug crimes.
Offenders, more likely than not, admit to their mistakes but as an enlightened
society that claims to know better, we have to weight in all the relevant
factors to find a more humane and holistic solution.
Hanging helpless drug mules would help Singapore proudly claim that the state
has strict laws and is punishing offenders to death, even though killing all
these people (whom don’t deserve to die) has been proven, time and time again,
to not be an effective, and even, a reasonable solution to its problems.
Singapore continues the killings because the state wants to send a message to
the world, and it needs scapegoats to continue this, even when there is
evidence to show that it’s not working, even if, to the contrary, the narcotic
crime rate is rising.
Singapore wants to spread a message of fear and intolerance for narcotic crimes
to the world but is not willing to work to achieve a reasonable, humane
solution.
At least, this is what their actions suggest. What do the deterrents even mean,
if the crimes don’t stop? A more constructive approach is needed with the
offenders to build a more enriching environment that would relate back to the
wellness of the society.
Claims like the "death penalty is an effective deterrent to drug crimes" are
just political and propagandistic talk. What evidence and statistics for the
past 20 years that the nation of Singapore is able to produce to effectively
claim so?
Recently there was a survey on the death penalty in Singapore which was started
in October 2018 and its findings were published in May 2019. The survey which
had questions on life and death has no transparency because no evidence,
statistics and findings relating to it has been shown.
Singapore is able to educate its people on where and how all the rubbish and
recycle items should be thrown and handled and on why Singapore is building
underground now because of the limited amount of land it has.
However, when it comes to matters of life and death, crime incarceration, and
death penalty, there are no documentaries, information nor statistics to
support its claims and actions.
The difference in opinions on these issues among younger and older generation
in Singapore are not published nor shared for public viewing. Nothing has been
revealed except for a small article in the newspaper. That’s all there is to
the value of the lives of minor crime offenders in Singapore.
Who they interviewed, what were the questions, how was the sample size chosen,
none of these were revealed in the survey, despite the fact that some people
answered the survey out of fear. In a country of a population almost reaching
5.2 million, only 2000 people were surveyed.
Who were they? Underprivileged families, foreigners, students, permanent
residents, rich people, religious leaders, lawyers - we don’t know anything as
there was/is no proof nor any transparency. But when it comes to drug mules,
incarceration for their crimes and the death penalty, we have to produce
evidence for everything because the law requires it, as per the mandate of the
Universal Declaration of Human Rights, adopted by United Nations (UN) in 1948.
According to the UN, 160 countries around the world have either abolished the
death penalty or do not practice it anymore. Why is Singapore unable to process
the reasoning of these 160 countries for abolishing the death penalty?
Isn’t there a difference between a person who commits the same crime 5 to 6
times and a person who was a first time offender? Who among these are supposed
to get a second chance to build their lives and correct their errors?
Recently there was also an issue about mercy killing (euthanasia) in Singapore.
Those who suffer from serious illnesses and are in great pain, with families
whom are torn apart emotionally, mentally, financially, physically have given
consent for euthanasia to be carried out.
They, the ill-stricken, felt that it was better to let go of their lives than
from suffering in pain all their lives but the Singaporean government said that
it was not right to take their life regardless because life is precious.
Then, why isn’t the same reasoning applied here? Why isn’t it also unreasonable
to kill minor offenders and drug mules for the sake of attempting to send a
message to the world? How are their lives any less valuable than others?
"Violence cannot be resolved by more violence. The respect and protection of
the fundamental right to life is more important than any form of revenge" -
Judge Navi Pillay (president, International Commission Against Death Penalty)
"I object to violence because when it appears to do good, the good is
temporary, the evil it does is permanent" - Mahatma Gandhi
On October 2018, a total of seven people were executed in a month alone, and
after one week, the Singaporea government announced that the Ministry of Home
Affairs (MHA) is going to conduct a survey on death penalty.
If the survey was so important and it concerned human lives, and if the
peoples’ opinion were crucial, why should Singapore execute these seven people
and have the survey to be carried out the following week?
It does not make any sense. Why not wait for the survey to be finished first
before these executions? It can be clearly seen that the results of the survey
don’t matter anyway, hence what was its purpose?
Another issue that arose in Pannir’s case was as per the Chief justice’s
statement, where he said, "in our judgment, the applicant ought to have a
reasonable opportunity to take advice on whether he can mount a successful
challenge" - the point here is that this one week notice prior to executing
someone is clearly an unreasonable time frame for a person to seek legal advice
and counsel.
As such, all the people hanged previously, were only given 1 week’s notice and
3 days’ notice of execution. Prior to October 2018, all the notice of execution
was served just 3 days’ notice and from 2018 onwards, 12 people received a
1-week notice.
In total 32 people from 2015 until April 2019 got 3 days and 1-week notice and
6 of them were Malaysians. All of these peoples’ rights have been deprived as
they were not given a reasonable time to seek legal advice.
Before a person is about to be hanged, if he/she wishes to donate their organs
to save people’s life, he/she can do it and many people here whom had gone
through the gallows have done it but the next day, in the newspapers, it will
be reported that these individuals were hanged because of the crimes that they
did, and that the drugs that they got arrested with could harm people a lot.
However, the good deeds which they had done prior to their deathbeds is of
nobody’s concern and the public wouldn’t know of this, except of the crime
which he/she did 6 or 7 years ago as it will be published as the headline again
and again. An offender might repent, regret and change but even after his death
- Singapore, its laws, its media and its legal system, keeps punishing them.
There was a debate in parliament on the death penalty (Singapore Parliament
debates, official report, November 14 2012) Vol.89. The issue was that the
death penalty for drug trafficking will not be abolished but will be minimised
it by revaluating the key role of the offender.
The AGC or public prosecutor certifies to any court that in his determination,
any person that has substantively assisted the Central Narcotics Bureau (CNB)
in disrupting drug trafficking activities within or outside Singapore - 33B (2)
(B) must be given a Certificate of Substantive Assistance. This was set out in
2012.
Pannir’s fullest cooperation was given to the Central Narcotics Bureau (CNB) on
the August 20, 2018 and September 24, 2018. However, the AGC has denied to give
him the certificate. If they claim that info given is not substantive, then
there is a need to reform the 33B in the Misuse of Drugs Act (MDA).
Currently, there are no guidelines on how to address this kind of situation.
They sit on the information that the drug mules give without doing anything
about it and act on bad faith by not issuing the certs.
Coupled with this, they also do not address nor admit that there is a problem
with the law, its effectiveness in combating drug abuse in Singapore, its
mishandling of drug mules and victims and the need to finding a solution. They
chose to remain silent and quite. This determination is done in bad faith and
with malice - 33B (4).
So many people are being denied an opportunity to be a better person. Nothing
good has come from that. So, I implore, why not dare to make the changes to
give innocent victims like Pannir, a second chance to build their life?
Doing so, I believe, we will then be able to see changes that we did not see
before, and only then will Singapore live up to its name of truly being a
progressive and liberal nation.
(source: Opinion; Sangkari Pranthaman is the elder sister of Malaysian Pannir
Selvam Pranthaman, who is on death row in Singapore for a drug offence----The
Malay Mail)
MALAYSIA:
5 members of same family face death penalty for drug trafficking in Melaka
5 members of a family and a male family friend were charged in the Magistrate’s
Court here today with trafficking in more than 9kg of drugs into the country
last month.
They were Jeffrey Koh Hong Lam, 51, his wife Ee Bee Teng, 49, their son Koh
Kiat Kuan, 23, daughters Koh Qian Yi, 19, and Koh Qian Yun, 25, and the family
friend, Goh Eng Meng, 46.
However, no plea was recorded from all of them after the charge was read out
before Magistrate Teoh Shu Yee.
The 6 of them were jointly charged with trafficking in 9,755g of ketamine found
in a car boot in front of a house in Taman Cheng Setia here at 6.10pm on July
26. Meanwhile, in another court, before Magistrate Muhammad Nazrin Ali Rahim,
Jeffrey and Goh were jointly charged with 2 counts of trafficking in 600g of
ketamine and 590g of methamphetamine at the same house and at the same time and
day.
No plea was also recorded from them.
They all face the death sentence if found guilty as charged.
Both courts set October 8 for mention.
Deputy public prosecutors Hanis Najwa Nazari and Intan Lyiana Zainal Abidin
prosecuted while lawyer Andrew Lourdes represented all the accused.
(source: malaymail.com)
*********************
Death penalty for water polluters?
The recent contamination of rivers in the peninsula which resulted in a string
of water disruptions affecting millions of users in the Klang Valley alone saw
many up in arms, calling for heftier fines and other penalties of a deterrent
nature meted out to responsible parties.
What not many may know, though, is that there are provisions under the law for
the use of the death penalty in extreme and deadly cases.
Section 121(1) of the Water Services Industry Act (WSIA) 2006 states that those
who contaminate or cause the contamination of a water supply with the intention
to cause death, knowing that it could likely cause death or that it would
endanger lives, can be sentenced to death if someone dies as a result.
Those convicted can also be punished with imprisonment of up to 20 years. If
death was not caused, whipping can be meted out.
WSIA defines rivers, streams and creeks, seas, lakes, groundwater, dams,
reservoirs, ditches and drains as 'watercourses." The death penalty offence
listed under Section 121(1) applies if these sources are polluted.
This, environmental pressure group Pertubuhan Pelindung Khazanah Alam Malaysia
(Peka) told FMT, WSIA is an extremely powerful law which could make a big
difference in protecting the country’s waterways.
The problem, though, lies in enforcement.
Peka vice-president Saha Deva said he had not heard of the death penalty being
used against polluters under WSIA since it was enacted 13 years ago.
"The lack of expertise, testing facilities and trained investigating officers
hampers the ability to secure successful convictions under WSIA," he said.
He also spoke of problems such as corruption and the focus on profit over
sustainability.
"The level of awareness and lack of expertise at the disposal of government
agencies involving environmental offences is alarmingly weak, as is the will to
pursue such matters," he added.
Recent reports said Sungai Kedah had become too dirty to be used as a source of
water supply for consumers in Alor Setar. At about the same time, all 4 major
water treatment plants in Selangor were shut down twice in a matter of days
following a diesel spill and odour pollution which caused major water
disruptions in the Klang Valley.
Saha, who is also a lawyer, said enforcement is generally a problem when it
comes to environmental matters.
He suggested that the precautionary principle be incorporated in all local laws
related to the environment, although this would involve constitutional
amendments.
The precautionary principle states that precautionary measures should be taken
if an activity raises threats of harm to human health or the environment, even
if some cause-and-effect relationships are not fully and scientifically
established.
"This would be an uphill task - not only is there inadequate awareness on the
part of those tasked with enforcement, there is also insufficient awareness of
this principle by the courts," Saha said.
However, he said the death penalty had been statistically proven to be
ineffective as a deterrent, citing the example of drug trafficking cases.
"Education, therefore, remains the most potent long-term solution to
environmental protection which will also be enhanced if environmental
protections are expressly and adequately stipulated in the Federal
Constitution."
(source: Free Malaysia Today)
IRAN:
46 Executions in 5 Weeks ---- Arbitrary executions to spared fear to stop the
escalation of uprising
The inhuman mullahs’ regime in desperate need of suppressing the popular
uprisings has resorted to more executions. The mullahs’ agents hanged 39
prisoners only in July. 4 were women and there was 1 public hanging. In past
few days, the regime hanged 7 other prisoners.
The executions took place in Birjand, Ghohardasht, Karaj, Kashan, Khondab,
Mahshahar, Kelardasht, Orumeh, Noor, Mashhad, Mahabad, Zanjan, Minab,
Bandar-Abbas, Borujerd, Shiraz, Tabriz, Gorgan, Dezful, Rasht and Kermanshah
prisons.
The religious fascism ruling Iran has resorted to more executions to escape the
big social outburst.
The Iranian Resistance calls on the UN High Commissioner for Human Rights and
the UN Human Rights Council as well as other human rights organizations and
defenders in addition to the UN Security Council and the EU to condemn the new
wave of executions in Iran. The Iranian Resistance also calls for binding
decisions to stop the barbaric and systematic executions by the mullahs’ regime
in Iran. Silence and inaction only emboldens the mullahs’ medieval regime in
its crimes.
(source: Secretariat of the National Council of Resistance of Iran
*************************
******************
Hassan Rouhani’s Human Rights Record Marked by 3,800 Executions
From day one the regime of Iran has been based its rule on the pillars of
domestic crackdown, and exporting terrorism and a reactionary, religious
mentality.
It does not make any difference which faction is taking the office, the
systematic and widespread violations of human rights in Iran have continued
unabated for the past 40 years.
Even after the 'moderate' Hassan Rouhani came to power, despite pledging to
hold the 'key' to Iran’s problems, he has failed to provide even an iota of the
freedoms the Iranian people crave and deserve.
His record has revealed an unrelenting loyalty to the regime establishment in
regards to social oppression and continued crackdowns.
During the 1980’s, Hassan Rouhani called for the public execution of political
dissidents in Friday prayers, and as the secretary of the Supreme Security
Council in 1999, he played a major role in suppressing the uprising of Tehran’s
students and people.
An atrocious number of executions, continued public punishments and an
escalating trend of oppression has been Hassan Rouhani’s report card during his
tenure.
Security forces continued to harass, interrogate, and detain hundreds of
activists, human rights defenders, journalists, and members of ethnic and
religious minorities.
The unbelievable scale of executions and brutal tortures in prisons and arrest
of more than 7,000 individuals during the 2017-2018 uprisings manifest the
continuing human rights abuses that remain unaddressed, under Iran’s 'moderate'
leadership.
The following constitutes an overview of the serious human rights abuses in
Iran, and a corresponding set of queries that will serve as a litmus test for
the authenticity of Hassan Rouhani’s commitment to justice and human rights for
the Iranian people.
1. Executions
Iran’s Penal Code allows executions to be carried out by many different
methods, such as hanging, stoning, and firing squad.
At least 3,800 people were executed during Hassan Rouhani’s tenure. This made
Iran 2nd in the world when it came to the number of people it executed, and 1st
in terms of the number of executions per capita.
Nevertheless, the actual figures are definitely higher, as most executions in
Iran are carried out secretly without anyone knowing except those who carry it
out.
It is not only the number of executions that is appalling, but also the nature
of some of them. The executions involved 38 juveniles, 93 women, 91 political
prisoners and 219 individuals hanged in public. It also includes individuals
from ethnic and religious minority groups, including Ahvazi Arabs, Kurds and
Sunnis.
Although Iran has ratified the UN Convention on the Rights of the Child, Hassan
Rouhani’s government has made no effort to alter the country’s Penal Code,
which allows girls as young as 9 and boys as young as 15 to be executed.
2. Torture
Torture has been institutionalized in the regime’s punishment laws and is
sanctioned by the Judiciary as well as the regime officials.
One such example is flogging, used for more than 100 offenses in Iran, which
has been institutionalized by the regime in its Islamic Penal Code.
The regime denies the use of torture despite thousands of reports from as early
as the 80’s that prove the use of torture to extract forced confessions from
prisoners or to break the spirit of political prisoners.
At least 14 detainees arrested during the December 2017 - January 2018 protests
so far have been identified by name as having died as a result of torture in
Iran’s prisons. In an act of propaganda, authorities have attempted to downplay
some of these deaths by insisting that they actually were instances of suicide.
No officials were held accountable.
The vast majority of the 8,000 detainees had been arrested by Hassan Rouhani’s
Ministry of Intelligence, which under his watch has become one of Iran’s major
human rights violators.
3. Political prisoners
Iran is holding numerous in jail on political charges while Iranian officials
deny the existence of political prisoners in Iran time and again.
Because of the Judiciary’s refusal to accept detainees as political prisoners,
they are usually tried at revolutionary courts, where rules and regulations are
even stricter and sanctions are harsher than the courts of justice.
Political prisoners in Iran include peaceful political dissidents, journalists,
online media workers, students, filmmakers, musicians and writers, as well as
human rights defenders including lawyers, women’s rights activists, minority
rights activists, trade unionists, environmental activists, anti-death penalty
campaigners, and those seeking truth, justice and reparation for the mass
executions and enforced disappearances of the 1980s.
Many of them are kept in solitary confinement subjected to horrendous treatment
by the authorities.
Iranian regime deliberately delays or refuses urgent specialized medical care
for political prisoners. Prison authorities have regularly downplayed or
dismissed the seriousness of their medical problems, treated serious ailments
with simple painkillers and withheld essential medication. Political prisoners
and prisoners of conscience are commonly targeted. Political prisoners Arash
Sadeghi, Atena Daemi, Soheil Arabi, Majid Assadi, Zeynab Jalalian, Arzhang
Davoudi, Mohammad Bannazadeh Amirkhizi, Mohammad Habibi, Abolghasem Fouladvand,
and Saeed Shirzad… are among those have been deliberately denied medical
access.
One shocking example of the rampant violence perpetrated against the Iranian
political prisoners in the murder of a 21-year-old Alireza Shir Mohammad Ali.
The political prisoner was stabbed to death by 2 prisoners on June 10 in
Fashafuyeh Prison.
His mother and his cellmate believe that Alireza Shir Mohammad Ali was killed
upon orders of prison officials.
The young political prisoner was sentenced to 8 years of prison on charges of
'blasphemy', 'insulting the founder of the Islamic Republic', 'insulting the
leader' and 'spreading propaganda' against the regime; all of which the regime
considers 'security' violations.
4. Persecution of the religious minorities
Widespread and systematic attacks continued to be carried out against religious
minorities.
The Iranian regime’s systematic persecution of the religious minorities has
resulted in widespread religiously motivated hate crimes against them, with
none of the attackers yet prosecuted or brought to justice.
Among religious groups, Baha’is and Christian converts from Islam were
seriously discriminated against. They faced systematic discrimination,
including in education and employment, and were persecuted for practicing their
faith.
In a recent case on July 1st, eight newly converted Iranian Christians were
arrested in the southern city of Bushehr at their houses; some of them were
members of the same family. Security forces raided and searched their houses
and confiscated their Bibles, Christian statues and signs, wooden crosses,
paintings, laptops, cellphones, ID cards and credit cards. The children
witnessed all of these events as well as the cruelty by security forces in
arresting their parents.
Such cruel behavior toward the religious minorities in Iran happens while
according to article 18 of the International Covenant on Civil and Political
Rights, everyone shall have the right to freedom of thought, conscience and
religion. This right shall include freedom to have or to adopt a religion or
belief of his choice, and freedom, either individually or in community with
others and in public or private, to manifest his religion or belief in worship,
observance, practice and teaching.
5. Persecution of ethnic minorities
The Iranian regime also incites hatred and violence against ethnic minorities,
violating their political, social, religious, economic, cultural, linguistic
and educational rights.
Among other abuses, hundreds of people were arrested around Ahvaz last year
amid protests against the regime’s discriminatory policies, water and power
cuts and poverty.
Azerbaijani Turkic minority rights activists have also been targeted.
Iranian authorities arbitrarily detained 120 people in connection with 2
separate Azerbaijani Turkic cultural gatherings that took place in July and
August 2018.
Other ethnic minorities, including Baluchis, Kurds and Turkmen, continue to
face entrenched discrimination, curtailing their access to education,
employment and adequate housing.
Members of minority groups have been imprisoned on spurious charges such as
"spreading corruption on earth."
Conclusion:
During the last 4 decades and especially in the last 6 years, Hassan Rouhani
has played a key role in all of the regime’s human rights violations as the
President and the chairperson of the clerical regime’s Supreme Security
Council.
It is incumbent on the international community, particularly the UN, to hold
the Iranian regime and its president accountable for allowing such egregious
human rights violations.
(source: iran-hrm.com)
******************
Austrian-Iranian national might face death penalty over spying allegations:
reports
An Austrian-Iranian national is facing the death penalty in Iran over
allegations he was engaged in spying activities, according to local media
reports.
Massud Mossaheb, 72, first came to Austria from his native Iran in 1965 and was
later granted citizenship in 1980, becoming a dual national. He studied
mechanical engineering in Vienna, and later became secretary general of the
Austrian-Iranian society.
It was in the latter capacity that he led a delegation to Tehran in January, in
support of an Austrian ion therapy company that is establishing a subsidiary
near the Iranian capital, according to a Der Standard newspaper report.
Mossaheb was subsequently arrested and has since been held in custody charged
with espionage, and has been told on a number of occasions that he is to be
hanged, according to the report.
He reportedly also suffers from a number of health issues, such as diabetes and
heart failure.
The Austrian foreign ministry has been pursuing the matter. Foreign Minister
Alexander Schallenberg confirmed that he has made efforts to contact his
Iranian counterpart over the matter.
The issue has been further complicated, however, due to Iran considering
Mossaheb as being solely an Iranian national.
(source: xinhuanet.com)
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