Oct. 5
BOSNIA:
Court Orders Bosnian Serb Entity to Outlaw Death Penalty
Bosnia's Constitutional Court has given the Serb-led entity, Republika Srpska,
a deadline to remove mention of the death penalty from its laws and
constitution – although the ruling is largely symbolic, as the entity does not
use it.
The Constitutional Court of Bosnia and Herzegovina has upheld an appeal filed
by a group of Bosniak delegates in the parliament of Bosnia’s Serb-led entity,
ordering the Republika Srpska to remove references to the death penalty from
its laws and constitution.
Friday’s ruling is mainly symbolic, as the entity does not use the death
penalty in practice, even though it remains in certain statues. The
constitution of the Federation of Bosnia and Herzegovina, Bosnia’s other
entity, does not mention the death penalty.
Presiding Judge Zlatko Knezevic gave the RS a deadline of three months to
change its laws. The ruling comes after a group of Bosniak delegates in the RS
assembly filed an appeal to the Constitutional Court in June.
Bosnia abolished the death penalty in 1994, a decision formalised in 1998. The
last death sentence in Bosnia was issued by the Sarajevo District Military
Court in March 1993, which sentenced Borislav Herak and Sretko Damjanovic to
death for genocide. The penalty was not carried out.
The RS has a history of ignoring rulings from the state constitutional court.
It has taken no notice of a March 29 ruling outlawing celebration of January 9
as Day of Republika Srpska, as BIRN has previously reported.
Belarus is the only European state still using the death penalty, and carried
out two executions in 2018. Russian law still allows for its use, but it has
been suspended there since the late-1990s. The Council of Europe long ago made
abolition of the death penalty a prerequisite for membership, while the
European Union not only prohibits it among its members but actively campaigns
against its use worldwide.
(source: balkaninsight.com)
INDIA:
President commutes 20 death sentences in 9 years
These commutations were based on the President’s exercise of powers under
Article 72 of the Constitution after the convicts filed mercy petitions.
The President commuted death sentences to life imprisonment in at least 20
cases over the past nine years, based on the recommendations received from the
Ministry of Home Affairs (MHA).
These commutations were based on the President’s exercise of powers under
Article 72 of the Constitution after the convicts filed mercy petitions.
Separately, last week the MHA took a decision to commute the death sentence of
Balwant Singh Rajoana, convicted over the assassination of then Punjab chief
minister Beant Singh, as a “humanitarian gesture” ahead of the 550th birth
anniversary celebrations of Sikh founder Guru Nanak. It also decided to release
8 other prisoners convicted for life for their involvement in Sikh militancy as
a ‘token of goodwill’.
Beant Singh and at least 16 others were killed in an explosion outside the
Civil Secretariat in Chandigarh in 1995.
Rajoana was sentenced to death in 2007 by a special court and he refused to
file a mercy petition. The Shiromani Gurudwara Prabandhak Committee (SGPC), the
apex body of the Sikhs, filed a petition on his behalf in 2014.
BJP ally and NDA member, the Shiromani Akali Dal (SAD), had been pressing the
Centre to commute Rajoana’s death sentence.
“Rajoana never engaged a lawyer when the case was being heard in the court,”
said Manjinder Singh Sirsa, an SAD leader who had recently met Home Minister
Amit Shah regarding Rajoana’s case — the only Sikh prisoner on death row in a
militancy related case. “To highlight the atrocities against the Sikhs, he
refused legal assistance. After he was sentenced to death, the SGPC decided to
file a mercy petition on his behalf,” added the SAD leader.
The ministry’s decision to release the 8 Sikh prisoners convicted under the
repealed Terrorist and Disruptive Activities (Prevention) Act (TADA) is seen as
a one-off gesture as it is not in consonance with the guidelines regarding the
2018 “Cabinet decision to grant special remission to prisoners on the occasion
of 150th Birth Anniversary of Mahatma Gandhi.”
As per the guidelines: “special remission will not be given to prisoners who
have been convicted for an offence for which the sentence is sentence of death
or where death sentence has been commuted to life imprisonment; cases of
convicts involved in serious and heinous crimes like dowry death, rape, human
trafficking and convicted under POTA, UAPA, TADA, FICN, POCSO Act, money
laundering, FEMA, NDPS, Prevention of Corruption Act, etc.”
A senior government official, speaking on condition of anonymity, said, “This
was in response to the long pending demands on release of Sikh prisoners raised
by various sections of the Sikh community.”
Process on to commute Rajoana sentence: MHA
Under the special remission, 2,035 prisoners were released in 3 phases —
October 2, 2018, April 6 and October 2 this year. In the 3rd phase, 611
prisoners were released, the ministry said.
Former President Pranab Mukherjee had commuted the death sentence in at least
four cases and rejected mercy petitions in 14 cases including that of the 26/11
Mumbai attacks convict Ajmal Kasab and the 1993 Mumbai blasts convict Yakub
Memon. President Ram Nath Kovind has rejected one mercy petition in his current
tenure.
The Central Information Commission (CIC) in a 2018 order had said that “grant
of remission is an exercise of a statutory power under CrPC.”
The CIC’s order said: “It acknowledges the power of the Executive to grant
remission to convicted persons after due consideration by the appropriate
Government. As per the criminal jurisprudence, a crime besides being a personal
wrong against the victim is also a wrong against the society at large. That is
why, the prosecution in such penal offences is led by the State on behalf of
the Society at large.”
(source: The Hindu)
******************
29-year-old awarded death penalty for ‘extreme depravity’
(see:
https://mumbaimirror.indiatimes.com/mumbai/crime/29-year-old-awarded-death-penalty-for-extreme-depravity/articleshow/71450542.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst)
(source: Mumbai Mirror)
PAKISTAN:
Capital punishment and the cracks in Pakistan’s judicial system
Up until very recently, Pakistan had the world’s largest population on death
row. China has since taken over this dubious honour, but Pakistan remains
second in line with the United States trailing closely behind. Right now, in
Pakistan, a whopping 6000 people are awaiting execution. The question then
becomes: Who are we hanging? And why?
If a recent article in The Economist is anything to go by, the answer is that
Pakistan is hanging far too many innocent people. Of course, this injustice and
incompetence are not exclusive to our country. For example, in the United
States, where I currently live, the criminal justice system is notorious for
failing to conduct fair trials and for disproportionately targeting racial and
ethnic minorities.
Unlike a life sentence, the obvious problem with a death sentence is that it is
irreversible. No financial compensation or formal apology issued after-the-fact
can bring back the dead. After all, the family of the wrongfully convicted has
not only lost their standing in society, they’ve most probably also lost their
primary breadwinner.
This is why it’s so important to have plenty of legal and judicial safeguards
in place, something which Pakistan currently lacks.
Indeed, it is common for trial courts to frequently rely on shoddy,
circumstantial evidence. It is also common for judges to allow unreliable
eyewitnesses to testify. For instance, trial courts will frequently hear cases
in which the star witness or the eyewitnesses to an alleged crime are actually
biased. This includes someone with a personal, vested interest in the outcome
of the trial, or someone who has a personal problem with the accused.
Equally problematic is the way the Supreme Court of Pakistan treats mental
illness despite the fact that the country’s Penal Code expressly forbids
criminally punishing a person with diminished mental capacity. In a decision
taken in 2016 during the Imdad Ali murder case, the Supreme Court held that
schizophrenia was not a mental illness, thereby opening the door for mentally
incompetent individuals to be sent to their deaths.
It is also not unheard of for executions to be carried out while the accused
has a pending appeal. Consider the case of the Ghulam brothers. They were
convicted of murder in 2002 and 14 years later, they were both acquitted by the
Supreme Court. But when the time came to release them from jail, it was too
late as both the brothers had been executed a year ago while their appeal was
still pending.
Recently, Prime Minister Imran Khan called to expand the death penalty laws to
include people convicted of child abuse. While I agree that a person convicted
of such a crime should be treated as harshly as possible, I still think the
death sentence is far too serious a punishment to be handed out without first
making sure that stringent safeguards are in place to protect the rights of all
parties involved, including the accused.
In other words, we should not be calling for or celebrating the expansion of
Pakistan’s death penalty laws, when we haven’t even begun to tackle the issues
of all the accused currently on death row, especially since many will not see a
fair day in court, with a dedicated competent lawyer, and will never appear
before an unbiased jury or judge.
Naturally, the question then arises: if not capital punishment, then what is
the alternative? Ironically, Pakistan’s Supreme Court has essentially answered
this question for us. According to the Supreme Court, the death penalty should
be a last-resort punishment reserved for the most horrendous crimes, most
crimes that result in serious injury or death. Instead, the Supreme Court
recommends lengthier sentences, like a life sentence with or without the
possibility of parole.
But, as so frequently happens, lower courts haven’t been very consistent in
actually following the Supreme Court’s precedent. As a result, we continue to
see the death penalty being awarded for ‘low-level’ crimes like drug
offensives. To me, this is nothing short of a massive miscarriage of justice.
Ultimately, the question boils down to what we mean when we say justice must be
served. And, in order to answer this question, we have to first accept that
justice looks and means something different to all of us.
Take my own household as an example; I am strictly against capital punishment.
Whereas my husband thinks capital punishment is the proper punishment for
crimes like murder or rape. Similar differences exist between my lawyer
colleagues and me. While I believe that a death sentence is the ultimate denial
of human rights, I know plenty of like-minded, social justice-oriented lawyers
who think capital punishment is a good way to deter future crime.
In other words, we can agree to disagree on what justice looks like, but that
shouldn’t mean that we stop seeking and demanding justice. Nor does this mean
that our pursuit for proper justice should be limited to serving the interests
of the lucky few with deep pockets, well-connected families and fancy lawyers.
Indeed, our pursuit of proper justice should be extended to anyone who comes
into contact with the criminal justice system. Because the loss of even 1
innocent life is 1 too many.
(source: Maria Kari, tribune.com.pk)
MALAYSIA:
UN human rights chief supports M’sian govt moratorium on death penalty, urges
withdrawal of stifling laws including Sedition Act
The United Nations’ (UN) 7th High Commissioner for Human Rights Michelle
Bachelet on Sat (5 Oct) expressed her support for the Malaysian government’s
moratorium on the death penalty, and welcomes its establishment of a special
task force on alternative forms of punishment.
Speaking to reporters at the Ritz-Carlton Hotel in Kuala Lumpur, Bachelet said:
“I encourage the Government to sustain the current moratorium on the death
penalty, and welcome the announcement last month that a special taskforce will
be set up to examine alternative forms of punishment to the mandatory death
penalty.”
She added that the Office of the High Commissioner for Human Rights “stands
ready to share evidence-based experience from other countries – both those who
retain the death penalty and those who have abolished it”.
De facto Law Minister Liew Vui Keong announced the formation of the special
task force last month, which he said was based on a Cabinet decision made in
Aug.
The task force will be led by a former Chief Justice, and will comprise a
former Federal Court judge, a former official from the Attorney-General’s
Chambers, a former official of the Prisons Department, representatives of the
Bar Council and the Human Rights Commission of Malaysia (Suhakam),
academicians, and members of civil society.
Bachelet today also urged the Malaysian government to “roll back” legislation
“which for a long time impeded freedom of expression and public debate” such as
the Sedition Act, the Communications and Multimedia Act 1998, the Peaceful
Assembly Act and the Official Secrets Act.
“I also welcome the steps to establish a new independent police complaints
commission which will be an important step towards addressing long-standing
problems of torture, ill-treatment and deaths in custody, as well as steps to
upgrade some of the more antiquated prisons.
“I encourage the Government to follow up, in a transparent manner, on the
important recommendations made by the Institutional Reforms Committee,” she
added.
“Leaving no one behind” means identifying and “meaningfully” addressing plight
of the most vulnerable groups: UN human rights chief Michelle Bachelet
Referring to the UN’s 2030 Agenda for Sustainable Development, which
“emphasizes a holistic approach to achieving sustainable development for all
and leaving no one behind through its 17 Sustainable Development Goals (SDGs)”,
Bachelet said that “the SDG imperative to leave no one behind means it is
essential to identify and meaningfully address the situation of the most
vulnerable, and to target affirmative action policies on the basis of need,
using good, disaggregated data to identify the situation of specific
communities”.
Such affirmative action policies, she said, encompass upholding the rights of
indigenous people “including their land rights, through meaningful
consultation”, the need for “gender equality and to prevent violence against
women and end harmful practices, including female circumcision” as per the UN
Committee on the Elimination of All Forms of Violence Against Women, and
ensuring that individuals are “not subjected to violence because of their
sexual orientation or gender identity”.
Speaking both as High Commissioner and as a former Head of State herself,
however, Bachelet acknowledged “the complexity and hurdles” faced by the
Malaysian government in creating and implementing certain law reforms,
particularly given Malaysia’s diverse multi-ethnic, multi-religious and
multi-cultural society with differing interests among groups.
“Malaysia is a diverse, multi-ethnic and multi-religious society with parallel
legal systems and a federal system in which states have considerable powers and
diverging approaches. There are strong aspirations for positive change but
concerns about how the changes will affect the interests of different sectors
of society.
“My meetings with civil society working on a wide spectrum of economic, social,
cultural and political rights revealed very committed and well-informed groups
that have high expectations for the Government to deliver on its human rights
commitments and obligations.
“This is as it should be, and I encourage the Government to work together with
civil society actors, religious leaders and local and state leaders in making
the case for advancement of human rights for all Malaysians,” she urged.
Bachelet also emphasised the importance of protecting human rights defenders
from “harassment or threats in relation to their important work”.
Touching on the Malaysian Parliament’s move to lower the voting age from 21 to
18 via the tabling of the Constitution (Amendment) 2019 Bill in Jul, Bachelet
called upon the youth of Malaysia to “engage with political and policy-making
processes, to hold their State institutions accountable and ensure decisions
are made through meaningful consultation”.
The Bill, which was introduced for its 1st reading early last month by Youth
and Sports Minister Syed Saddiq Syed Abdul Rahman, will amend Clause 1 of
Article 119 of the Federal Constitution if it is passed.
As a result, the voting age will be lowered from 21 to 18.
“With this amendment, more Malaysian citizens would be entitled to vote and
elect a government through an election, which is in line with a progressive
democratic system,” according to the Bill.
A 2/3 majority of 148 votes will be required in order for the amendment to be
passed, The Star Online noted.
Other countries in the Asean region that have lowered their voting age to 18
include the Philippines, Thailand, and Cambodia. Indonesia’s minimum voting age
is 17.
Bachelet’s visit to Kuala Lumpur marked the 1st ever visit to Malaysia by a
Human Rights Commissioner, during which she met with Prime Minister Mahathir
Mohamad on Fri (5 Oct). Other Malaysian government ministers, as well as
SUHAKAM and other civil society organisations, were also present during the
meeting yesterday.
Prior to her appointment as the UN Human Rights Commissioner, Bachelet served
as the President of Chile from 2006 to 2010, before being re-elected for a
second term from 2014 to 2018.
(source: theonlinecitizen.com)
VIETNAM:
6 Lao drug traffickers arrested in Vietnam
Border guard forces of Vietnam's central Ha Tinh province have detained 6 Lao
drug smugglers, seizing 30 cakes of heroin, 45 kg of crystal methamphetamine
and 6,000 pills of amphetamine.
2 detainees aged 25 and 29 were caught red-handed transporting the drug in
Huong Son district on Friday evening, Vietnam News Agency reported on Saturday.
Expanding investigation, the authorities arrested their 4 accomplices. The men
confessed that they had transported the drug from Laos to Vietnam for
distribution.
According to the 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)
SRI LANKA:
Man gets death sentence for murder of married couple
An individual found guilty over the murder of a married couple in Udugama 7
years ago, has been sentenced to death by the Galle High Court.
The 34-year-old suspect had been charged with the shooting and killing of a man
and his wife at Udalamatta, Udugama in 2012.
Delivering the verdict yesterday after a long dragged out trial, the Galle High
Court sentenced to accused to death.
The death penalty was reportedly given to a 34-year-old resident of Udalamatta.
(source: adaderana.lk)
TAIWAN:
Death penalty must be enforced where necessary: premier
Death sentences that have been handed to people in cases in which no further
appeals are possible ought to be enforced, Premier Su Tseng-chang said
yesterday, adding that he “never protects bad guys.”
The premier made the remarks during an interpellation when Chinese Nationalist
Party (KMT) Legislator Shen Chih-hwei asked Su whether he would execute any of
the 40 inmates on death row by the end of this year.
“Since the death penalty is stipulated in the law, it should be enforced where
necessary. Even the 2 covenants [the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights] say that the death penalty may be enforced in cases where it
is unavoidable,” Su said.
However, Shen said that since he took office more than 8 months ago, not 1
death row inmate has been executed.
Su replied that the decision of whether to execute convicts lies with Minister
of Justice Tsai Ching-hsiang.
Tsai said that the government’s position on the death penalty is to gradually
abolish it, and the ministry would carefully review each case when deliberating
whether to enforce the death penalty.
Tsai’s response drew criticism from Shen, who said that the Democratic
Progressive Party administration has been ambivalent on the matter and is
“wasting taxpayers’ money feeding death row inmates” and “protecting bad guys
instead of good guys.”
In response, Su said: “I never protect bad guys, nor have I given any orders to
stop the execution of death row inmates.”
Shen then cited a driving under the influence (DUI) case in Taichung last year
that involved a repeat offender who had been diagnosed with stage-4 cancer.
Even though he killed 2 people while driving drunk, he would not receive a
death sentence, Shen said.
She asked Su whether his remark that “drunk driving equals intentional murder”
and that the government has “zero tolerance” for drunk driving still stands.
Su said that zero tolerance against drunk driving has always been his stance,
adding that the Cabinet submitted proposals stiffen penalties for DUI in the
Criminal Code and the Road Traffic Management and Penalty Act (??????????),
which were passed by the Legislative Yuan.
However, Shen said the strictest punishment a repeat DUI offender can receive
under those amendments is life imprisonment.
(source: Taipei Times)
NIGERIA:
7 Condemned Inmates, 18 others get pardons in Ondo
The Ondo State government has pardoned 18 inmates across the various prison
facilities in the state.
It also commuted to life imprisonment 7 convicts on death row.
The prisoners serving various jail terms were granted prerogative of mercy by
the state government in the spirit of the commemoration of the country’s 59th
Independence anniversary.
According to the state government in a statement issued by the Deputy Chief
Press Secretary to the State Government, Mr Babatope Okeowo, the move was based
on the advice of the State Advisory Council on Prerogative of Mercy.
Exercising his powers as the Acting Governor of the state, the Deputy Governor,
Mr Agboola Ajayi in a letter to the Controller of Nigerian Correctional
Services said the 7 inmates who have been convicted and sentenced to death by
hanging and are awaiting execution should no longer be executed.
The 18 inmates who were set free by the prerogative of mercy, have been in
prison for various offences and have shown remorse during their stay in the
correctional facilities.
(source: dailypost.ng)
SOMALIA:
Somali military court sentences soldier to death for killing
A military court in Mogadishu has sentence army officer to death on Wednesday.
Private officer, Omar Abdulkadir Sheikh Nur was found guilty of killing police
officer, Jamal Abukar Jinow.
The court found that the killing happened on March 22 in Waberi district after
the diseased tried to intervene alleged robbery with violence by the suspect.
The case was submitted to the court-martial in July before the prosecution
started.
Exhibit including an AK 47 used in the crime plus eyewitness was produced in
the court during the hearing before a medical record of the deceased from the
health department.
The court sentenced ex-soldier, Omar Abdulkadir Sheikh Nur to death for his
actions, he can appeal within the next 30 days.
(source: radioshabelle.com)
CAMEROON:
Cameroon president says dropping prosecution against 'some' political rivals
Cameroon's President Paul Biya on Friday announced he had ordered prosecutions
to be dropped against "some" opposition leaders, including a number from the
main Movement for the Rebirth of Cameroon (MRC) led by his jailed rival Maurice
Kamto.
The move is the latest in a series of concessions from the 86-year-old leader,
who is under intense international pressure over a sweeping crackdown on the
opposition.
He is also attempting to ease surging tensions in separatist anglophone
regions, with talks on the turmoil wrapping up Friday.
"I have ordered the discontinuance of proceedings pending before Military
Tribunals against some officials and militants of political parties in
particular the (MRC)," he said on his official Twitter account in English.
In French, he added that it affected those "arrested and detained for acts
committed in contesting the results of the recent presidential elections".
He did not specify whether the decision would affect Kamto, Cameroon's main
opposition leader who unsuccessfully claimed victory in elections last year.
Kamto went on trial with 88 others in a military court in September on charges
of insurrection, hostility to the motherland and rebellion -- crimes which
could carry the death penalty. Their next hearing was scheduled for October 8.
His party also was not able to confirm details.
"I do not know if Maurice Kamto is involved or not," said senior MRC official
Emmanuel Simh.
Kamto was arrested in late January after months of peaceful opposition protests
over the results of the October 2018 election won by Biya, who has been in
power for 37 years.
The crackdown on Kamto and the opposition has caused outrage among rights
groups and many western governments.
- Multiple crises -
Biya's shock announcement came on the closing day of crunch talks aimed at
easing a bloody crisis in Cameroon's anglophone regions, which were shunned by
the main separatist leaders.
2 areas in western Cameroon -- the Northwest Region and Southwest Region --
are home to most of the country's anglophones, who account for about 1/5 of a
population that is overwhelmingly French-speaking.
2 years ago, decades of resentment at perceived discrimination boiled over into
an armed campaign for independence that has met with a brutal crackdown.
The president on Thursday announced the release of more than 330 people
detained in connection with the anglophone crisis.
In a statement on Friday, the president's office said Biya "reaffirms his
determination to tirelessly continue his efforts in the search for the ways and
means for a peaceful resolution of the different crises that may confront our
country".
Delegates at the talks on the anglophone crisis on Thursday adopted a
resolution recommending "special status" for the English-speaking areas "aimed
at strengthening the autonomy of administrative areas".
Biya has so far opposed attempts to give up centralised control.
If he backs the forum's proposal, it would mean more fiscal autonomy, the
election of regional governors by locals instead of people named by the federal
government and the re-establishment of traditional chiefs in the two regions.
But several separatists said they were unimpressed.
Ebenezer Akwanga, a prominent leader, said the people of self-described
Ambazonia -- the country the separatists want to carve out of Cameroon -- did
not "need a special status."
"We don't want to be a part of Cameroon," he said. "Ambazonia is marching to
freedom and nothing can stop us."
The International Crisis Group has estimated that nearly 3,000 people have been
killed in violence committed by both sides and more than half a million people
have fled their homes.
At least 1,000 people have been detained over the past 2 years.
(source: france24.com)
ZAMBIA:
Death penalty for rapists----“My heart would be at ease if all rapists could
get death penalties.”
EDITOR – It is more than enough now, rapists getting away [and] some getting
lighter sentences. This breaks my heart and makes me scared as I am also
female.
The rate of women being sexually abused is increasing day by day in South
Africa and that shows how arrogant and damaged men in our country are. This
does not only affect people who have done wrong but we end up looking at every
male and not trusting any one of them.
My heart would be at ease if all rapists could get death penalties, no one
amongst them deserves a second change. You cannot rape a person by mistake. It
is enough now!
Nontokozo Hlongwa
Durban Central
(source: Leter to the Editor, Berea Mail)
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