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Jan. 27 KUWAIT: Rights panel chief rejects calls for cancellation of death penalty - Need to broadcast execution process: Tabtabaei Chairman of parliament's Human Rights Committee MP Dr Adel Al-Damkhi and one of its members MP Dr Waleed Al-Tabtabaei support death penalty, based on their conviction that it is the best way to deter anyone who intends to kill others, reports Al- Rai daily. Dr Al-Damkhi rejected the calls for cancellation of death penalty, insisting that it will pave the way for growth of terrorism and increased crime rate because the perpetrators will not fear about paying the price of his crime with his life. He said preservation of human rights includes protection of people's lives from murderers by imposing most serious punishments on the latter. Dr Al-Damkhi affirmed that he is in support of any declaration that respects human dignity and protects those who are exposed to any form of injustice, stressing that punishment is never issued unless the court is convinced without any doubt that the suspect had indeed committed the crime that he or she is accused of. With a similar opinion, Dr Tabtabaei insisted that death sentences should be enforced within 1 year after the end of the judicial stages, indicating that execution of the killer often relieves the pains of the victim's family. He called for the broadcasting of the execution process in order to deter those who intend to commit such crimes, adding that drug traders and rapists must also be sentenced to death. In this regard, a number of the legal experts presented varied opinions concerning the death penalty. According to some, such a penalty, despite of its severity, can guarantee the security of the society. They believe the calls for cancellation of death penalty is like giving opportunities to criminals and murderers to practice their crimes. Constitutional expert Dr Mohammad Al-Feli said the Kuwaiti Constitution prevents barbaric penalties but it does not define the level of barbarism, indicating that its definition depends on the social culture. Replacing He stressed that replacing death penalty with payment of blood money is a known practice throughout history and is usually applied in cases of accidental or unintentional murders. He wondered whether the society will accept such an alternative or not. Vice President of Kuwait Lawyers Society Sharyan Al-Sharyan said, "Despite the fact that many countries have lately given up death penalty such as European countries and some American states, most of the countries worldwide still enforce death penalty for dangerous crimes such as murders, kidnapping, terrorism and the like for the sake of the society's security". He stressed that death penalty is included in the Quran, as a way to save the lives of innocent people from killers. Regarding replacing death penalty with payment of blood money, Al-Sharyan explained that, in some cases, it is up to the family of the victim to accept the blood money or insist on their right to ensure the perpetrator pays the price with his life. However, in cases where the entire society's security is threatened, the family's right for blood money does not apply because it is no longer the right of the family but the entire society's right. A member of the Freedoms Committee at Kuwait Lawyers Society Lawyer Bader Al-Husseini supported death penalty, stressing that it does not deduct the rights of the criminals but saves the souls of the rest of the people from spread of crimes. Lawyer Ahmed Al-Attalla also supported death penalty, as it limits carelessness over taking innocent lives as *89well as the spread of drug-related crimes which negatively impact the youth of the society. (source: Arab Times) VIETNAM: Biggest ever meth smuggling ring busted in northern Vietnam Nearly 45 kilograms (99 lbs) of methamphetamine and 10 kilograms of heroin were seized during the raid. 2 women have been arrested in northern Vietnam for smuggling nearly 45 kilograms (99 lbs) of methamphetamine, the biggest ever haul of the drug seized by authorities, a senior police official said Wednesday. According to Dang Van Sinh, the director of Nam Dinh Province's police department, Nguyen Thi Quyen, 46, and Dao Thi Lan, 38, both from the northern province of Ninh Binh, were caught in the nearby province of Nam Dinh on January 23. They were also carrying more than 10 kilograms of heroin. The methamphetamine and heroin had been smuggled from Laos through a border gate in Vietnam's Central Highlands province of Kon Tum. The smugglers often divide the drugs into small bags and transport them via motorcycles, according to Sinh. Vietnam has some of the world's toughest drug laws. Those convicted of possessing or smuggling more than 600 grams of heroin or more than 2.5 kilograms of methamphetamine face the death penalty. The production or sale of 100 grams of heroin or 300 grams of
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Jan. 26 IRANexecutions 4 Prisoners Hanged on Drug Charges On the mornings of Monday January 23 and Wednesday January 25, 4 prisoners were hanged in 2 different prisons on drug related charges. According to close sources, at least 2 prisoners were hanged at Karaj's Ghezel Hesar Prison on January 25 on drug related charges. The prisoners have been identified as Majid Askari and Rahman Nourian. They were reportedly transferred from their prison cells to solitary confinement two days before their execution. "Majid was arrested 6 years ago for one kilogram and 100 grams of crystal meth, and he was sentenced to death by the revolutionary court," a source close to Mr. Askari tells Iran Human Rights. Iran Human Rights had warned about the imminent executions of Mr. Askari and Mr. Nourian. Close sources also report on 2 executions which were carried out at Maragheh Prison on January 23 on drug related charges. The prisoners have been identified as Iraj Ghafouri and Hossein Fatemi. "Iraj Ghafouri was arrested approximately 4 years and 7 months ago for 800 grams of crystal meth and some opium. Hossein Fatemi was also arrested in 2012, he was sentenced to death for the charge of trafficking 500 grams of crystal meth and 700 grams of crack," a close source tells Iran Human Rights. Executions for drug related charges are increasing in Iran while the Iranian Parliament has proposed a law to limit the use of the death penalty for drug charges. The law must first be approved by Iran's Guardian Council, and it is not clear whether it would actually lead to a reduction in the number of drug related executions. Additionally, members of parliament recently wrote a letter to the head of the Judiciary calling for a halt to the execution sentences of about 5,000 prisoners who are on death row for allegedly committing drug related offenses. (source: iranhumanrights) KUWAIT: First Executions in 4 Years Government Hangs 7 People in a Day Kuwait carried out 7 executions by hanging on January 25, 2017, the 1st time the Gulf state carried out the death penalty in 4 years, Human Rights Watch said today. Kuwait's decision reflects a growing trend in the region to increase the use of, or lift moratoriums on, the death penalty. Kuwait executed 2 nationals, including a member of the royal family, an Ethiopian woman, a Filipina woman, two Egyptian men, and a Bangladeshi man in Kuwait's central prison, according to KUNA, Kuwait's state news agency. The executions were the 1st in Kuwait since 2013, when Kuwait executed 5 people. The 2013 executions ended a de facto death penalty moratorium that had been in place since 2007. "Executing 7 people in 1 day shows Kuwait is moving in exactly the wrong direction on the death penalty," said Sarah Leah Whitson, Middle East director at Human Rights Watch. "The Kuwait government should be reinstating the moratorium on the death penalty instead of hanging 7 people." Kuwaiti courts convicted all 7 of those executed of violent offenses between 2007 and 2011, including 6 for murder and 1 for kidnapping and rape. The Filipina and Ethiopian women, migrant domestic workers, were convicted of murdering members of their employers' families, according to Al Jazeera, and the member of the royal family who was executed, Sheikh Al-Sabah, was found guilty of killing his nephew, also a royal, in 2010. Courts sentenced the Kuwaiti woman to death for having set fire to a wedding tent in 2009, killing almost 60 people. The 2 Egyptian men were also convicted of murder, and the Bangladeshi man of kidnapping and rape, according to KUNA. Human Rights Watch has documented due process violations in Kuwait's criminal justice system that have made it difficult for defendants to get a fair trial, including in capital cases. Kuwait maintains the death penalty for non-violent offenses, including drug smuggling. In the regional trend to increasing use of the death penalty, in January, 2017, Bahrain ended a 6-year de facto moratorium on the death penalty, executing three people. In December 2014, Jordan ended its 8-year moratorium on the death penalty, executing 11 people. Saudi Arabia and Iran consistently have some of the world's highest execution rates. Saudi Arabia has executed more than 400 people since the beginning of 2014, and human rights groups in Iran report the country may have executed as many as 437 in 2016 alone. Human Rights Watch opposes capital punishment in all countries and under all circumstances. Capital punishment is unique in its cruelty and finality, and it is inevitably and universally plagued with arbitrariness, prejudice, and error. A majority of countries in the world have abolished the practice. In 2012, following similar resolutions in 2007, 2008, and 2010, the United Nations General Assembly called on countries to establish a moratorium on the use of the death penalty, progressively restrict the
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Jan. 25 BANGLADESH: 4 muggers get death in Rangpur for murdering businessman A court in Rangpur has sentenced 4 muggers to death for murdering a businessman in 2012. Another convict was awarded 3 years in prison by District and Sessions Judge Abu Jafar Mohammad Kamruzzaman on Wednesday. Businessman Chunnu Miah, a Pirgancha resident, was returning home from Mithapukur Sadar when he was attacked at Nilerkunthi area on Aug 23, 2012. The attackers hacked him with sharp weapons before fleeing on his motorcycle. The 45-year-old died while he was being taken to a hospital. The men who received the death penalty are Sirajul Islam, 33, 'Jewel', 26, Sujon Miah, 25, of Pirgancha Upazila, and Shahin Miah, 25, of Bogra, said prosecutor Faruk Mohammad Reazul Karim. Alam Miah, 27, who got three years in prison, will have to spend 2 more years in prison if he fails to pay a fine of Tk 5,000. (source: bdnews24.com) PHILIPPINES: Debates on death penalty begin next week Proponents and opponents of the bill restoring the death penalty are poised to begin their showdown on the House plenary floor next week. "We expect that the fireworks on this revival of capital punishment will commence on Tuesday or Wednesday next week," said Albay Rep. Edcel Lagman, leader of the "Magnificent 7" independent minority bloc. He said he was told by Majority Leader Rodolfo Farinas of the change in schedule. Speaker Pantaleon Alvarez earlier announced the plenary debates would begin this week. At a press briefing, Lagman reiterated his call on the House leadership "not to insist on a party or a pressure vote." No justification "House members should be allowed to freely exercise their conscience and conviction in voting on the measure," he said. Lagman said he wished to dispel the impression that the 1987 Constitution prescribed the death penalty. "On the contrary, it prohibits it," he said. "As of now the proponents have failed to make any justification on the death penalty. They are citing that incidents of crime have risen in recent years. That is incorrect. PNP (Philippine National Police) data show there is a decreasing incidence, except for murder," he said. Akbayan Rep. Tomasito Villarin also called for a stop to "misinformation," especially among rookie lawmakers. "Some are saying that if you're a member of the justice committee, you can't interpellate. If you're a member of the rules, you can't interpellate. This kind of misinformation is a kind of pressure on members not to speak out against the death penalty," he said. Party vote Last week, Speaker Pantaleon Alvarez said he was "very confident" that the measure would pass because of the strength of the President Duterte-controlled supermajority in the House. Alvarez, a bosom buddy of Mr. Duterte, assured his colleagues that there would be no consequences for not supporting the bill, although he did not give a clear answer when asked if he would call for a "party vote" and apply pressure on supermajority members to take a collective stand. In December, the House justice committee approved by a 12-6-1 vote a substitute bill allowing the return of capital punishment for heinous crimes and sent the measure to the plenary for second and third reading. Under the proposed "Death Penalty Law," the penalty of death by hanging, firing squad or lethal injection shall be imposed on 21 major offenses, including treason, qualified piracy, murder, rape, kidnapping and serious illegal detention, plunder and dangerous drug offenses. French ambassador urges PH lawmakers not to restore death penalty The Ambassador of France to the Philippines on Tuesday said he is hoping that the death penalty will not be restored in the country. Ambassador Thierry Mathou told INQUIRER.net that he has spoken to some legislators about the proposed death penalty bill in Congress. "France has been advocating the abolition (of death penalty) everywhere in the world ... even in the US," he explained at the sidelines of the PhilFrance launch, which marks the 70th year of Philippine-France diplomatic relations. President Rodrigo Duterte has repeatedly expressed interest in restoring death penalty for heinous crimes. A bill in Congress is set to be tackled in plenary next week. "We try to express our view very freely with our partners in the Congress...in the administration," Mathou said. "We hope to be convincing." "I am meeting the different members of Congress...of the Senate," he said, declining to give names. However, Mathou said that "it will be up to democracy" to determine if the legislation will pass. He said talking with the legislators was a "demonstration of a real democracy" as some expressed opposition while others showed support. "I feel that we have a very tense debate at the Senate," he said. Mathou said France believes that death penalty is "not efficient." The United
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Jan. 24 PHILIPPINES: Curbs on death penalty interpellation scored AKBAYAN party-list Rep. Tom Villarin yesterday accused the majority bloc at the House of Representatives of prohibiting some neophyte members from being included in the line-up of interpellators on the death penalty bill, which is expected to be sponsored on the floor next week. Villarin, a member of the opposition, said the move was a bid to expedite the revival of capital punishment. House majority leader Rodolfo Farinas, however, laughed off Villarin's claim, saying there is no such thing as misinforming neophytes. "I did not know that Rep. Villarin is the spokesperson of the committee on rules," said Farinas, who chairs the rules panel which is in charge of calendaring the measures that will deliberated upon on the floor. Albay Rep. Edcel Lagman said the House leadership should just allow lawmakers to vote based on the dictates of their conscience. Speaker Pantaleon Alvarez has been informed that a "party vote" will be followed since the bill is a priority measure of the administration. The justice panel approved the bill, which is principally authored by Speaker Pantaleon Alvarez, before Congress adjourned session last month for the Christmas break. House leaders aborted their plan to have the measure approved on final reading before the break following vehement opposition from some lawmakers and the Catholic Church. House Bill No. 1, filed by Alvarez, seeks to punish offenders convicted of drug felonies, murder, rape, robbery, carjacking, kidnapping, bribery, plunder, parricide, infanticide, destructive arson, piracy and treason. It also seeks to impose capital punishment on the following: importation of dangerous drugs and paraphernalia; sale, trading, distribution and transportation of dangerous drugs; maintenance of a drug den, dive, or resort; manufacture of dangerous drugs; possession of dangerous drugs; cultivation or culture of plants classified as dangerous drugs; unlawful prescription; criminal liability of a public officer or employee for misappropriation, misapplication, or failure to account for the confiscated, seized and/or surrendered dangerous; criminal liability for planting evidence concerning illegal drugs. There are 22 crimes that will be meted with the capital punishment under the measure but lawmakers have decided to lower it when the bill is amended in the plenary. (source: malaya.com.ph) SUDAN: Sudan: Judge postpones verdict in death row case A Christian advocacy charity has appealed for Christians to pray for a positive outcome in the case against a religious leader, aid worker and a Sudanese activist. The judgement in the case against Rev Hassan Abduraheem, Christian aid worker Petr Jasek and Dafuri activist Abdulmonem Abdumawla was meant to be given this week but has been postponed until 29 January. The group was first detained in December 2015 and were charged with crimes against the state. The sentences for some of the charges against them include the death penalty or life imprisonment. The case against the group centres around the provision of funds for the medical treatment on a man who was injured in a student protest. A 4th defendant, Rev Kuwa Shamal, was released earlier this month. A source from Christian Solidarity Worldwide told Premier's News Hour that the men were facing another week of uncertainty over their fate. "They are having to spend another week in prison - another week of uncertainty of knowing whether the ordeal is over for them so it's really important for us to continue praying for them. "It's been a very long time that they have been in prison." The CSW source appealed to Christians to continue praying for the men. The source said: "We can be praying for the men's spiritual condition and their families who have been on this journey with them. Rev Hassan's family did not even know where he was for the 1st 5 months of his incarceration. "We can be praying for the lawyers who represent the men who have been doing a very good job under very difficult circumstances." Sudan is ranked 5th on Open Doors World Watch List 2017 for Christian persecution. (source: premier.org.uk) GAZA: 2 New Death Sentences in Gaza On Tuesday, 24 January 2017, 2 new death sentences by hanging were issued in the Gaza Strip. The 1st one was issued by Deir al-Balah Court of First Instance against (Gh. E.) from the central Gaza Strip after being convicted of premeditated murder of his brother (30). The 2nd one was issued on the same day by the Gaza Court of First Instance against (Kh. Sh.) from Gaza City after being convicted of premeditated murder of (N. A.) with the participation of another person. The Palestinian Center for Human Rights (PCHR) is concerned over the excessive application of this punishment in the Gaza Strip in light of absence of fair trial guarantees and lack of fragile
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Jan. 24 INDIA: Prez mercy means little to death row convicts' kin President Pranab Mukherjee's decision to commute the death sentence of 4 persons convicted for killing 34 upper caste people at Bara village in Gaya district in 1992 means little for the family members of the convicted men. Setting aside the state government and Centre's recommendation, the President had commuted the death sentence of the 4 persons - Krishna Mochi, Nanhe Lal Mochi, Bir Kuer Paswan and Dharmendra Singh alias Dharu Singh - on Sunday. While the quartet languish in Bhagalpur central jail, their family members are not enthused by the President's decision, the reason being that they will spend their remaining lives in jail. "Life in jail is no life," says Chandrami, wife of Krishna Mochi. 1 of the 4 children of Krishna, who is a local band master, was born when the Bara case accused was in jail. Krishna's other children, including a daughter, are now married and have their own families. The four marriages took place in Krishna's absence. Notwithstanding the conviction by the TADA court and its approval by the Supreme Court, the family continues to regard Krishna as innocent. Krishna's son Ajay, a daily wager, said being poor he can hardly afford to visit Bhagalpur jail to see his father. "If he is transferred to Gaya, we can visit him once in a while," Ajay added. Since Nanhe Mochi's family migrated to some other distant village soon after the massacre, they could not be contacted. Dharmendra's family members refused to talk. Legal circles are not surprised by the turn of events and the commutation of death penalty into life imprisonment. According to Sartaj Ali Khan and Ashok Kumar, 2 of the defence lawyers in the Bara massacre case, the inordinate delay in disposal of the mercy petition favoured the accused. BJP functionary and former chairman of Bihar Legislative Council Tarakant Jha presented the main argument on behalf of the accused in the TADA court presided by Jawahar Prasad, the then district and sessions judge. "Holding condemned men on death row for long goes in his favour," said Khan, now the public prosecutor of Gaya. The mercy petition was filed in 2003 and its disposal took 14 years. 34 male adults belonging to the Bhumihar caste were butchered on the outskirts of Bara village on February 12, 1992 under the then Tekari (now Alipur) police station. The TADA court's judgement was upheld by the Supreme Court. (source: The Times of India) SINGAPORE/MALAYSIA: NGOs appeal to Singapore to spare Malaysian on death row Several non-governmental organisations (NGOs) have appealed to the Singapore government on Tuesday to spare a Malaysian man who is on death row there for drug trafficking. Amnesty International Malaysia (AIM), Lawyers for Liberty and Suaram met a representative of the High Commission in Kuala Lumpur, where they conveyed their concerns over supposedly unfair trial aspects in the case of 30-year-old S. Prabagaran. "We have sent appeal letters to Singapore's President and Prime Minister and hope the 2 leaders will hear our calls for Prabagaran to be spared the death penalty," said AIM executive director D. Shamini Darshni Kaliemuthu. She added that the NGOs are reiterating calls for Singapore to review its death penalty laws once again to abolish the death penalty in its entirety. Prabagaran is currently awaiting the result of a clemency petition to the Singapore President. The clemency request was sent in February last year, with its result due anytime soon, according to lawyers. However, Singapore has not granted a clemency request for the past 13 years. Prabagaran's 54-year-old mother V. Eswary also applied to the Malaysian High Court to compel the Government here to take his case to the International Court of Justice (ICJ). Eswary sent a memorandum to the Malaysian High Commission in Singapore to refer the case to the ICJ on Dec 21 last year, but there has been no response. Prabagaran was arrested at the Woodlands checkpoint in April 2012 for possession of 22.24g of heroin, which were found in a black bundle in the centre arm-rest console of the car he was driving. He had said that he borrowed the car from a friend to enter Singapore that day because he was afraid that his motorcycle would be repossessed. (source: thestar.com.my) PHILIPPINES: 'Solons prevented from interpellating on death bill debate' Members of the House of Representatives are being prevented from interpellating in the debate on the death penalty bill in the plenary in a bid to railroad the passage of the reimposition of capital punishment, opposition lawmakers said. In a press conference on Tuesday at the House of Representatives, Akbayan Rep. Tom Villarin said he had heard of "misinformation" that lawmakers would not be allowed to interpellate in the debate on the death penalty bill on the floor if they were members of the
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Jan. 24 UNITED KINGDOM/BAHRAIN: UK funds Bahrain parliament as it reverses reforms and backs executions The British government is using a multi-million pound aid programme to fund Bahrain's parliament while the Gulf country bans opposition parties, reverses human rights reforms and carries out executions, Middle East Eye can reveal. Funding for the parliament, which critics say is a "rubber-stamping" body for the kingdom's ruling family, was revealed in a breakdown provided under the Freedom of Information Act. The funding, which is part of the Foreign Office's 2m pounds "technical assistance" programme in the county, supports officials in the Council of Representatives despite internal concerns from advisers that it could be used as PR "fig leaf" over human rights concerns. The revelation that the UK is funding the parliament comes as the Gulf state reverses key rights reforms and carries out executions in the face of international condemnation. The British government says it opposes the death penalty, but it is working with Bahrain's parliament where politicians are encouraging the King to execute prisoners - Human rights group Repreive Bahrain has been rocked by unrest since March 2011 when security forces brutally crushed an Arab Spring-inspired uprising. The largest opposition group in the country, al-Wefaq, boycotted the parliament in 2014 before it was banned last summer, while the party's secretary general Sheikh Ali Salman is languishing in prison after he was sentenced to 9 years for giving speeches against the government. MPs have also backed the use of the death penalty for critics of the government, and last week Bahrain executed three men charged with killing members of the security forces. The 3 Shia men were convicted of killing an Emirati police officer and two Bahrain police officers in a 2014 bomb attack, but human rights campaigners say that confessions were extracted from Abbas al-Samea, 27, Sami Mushaima, 42, and Ali al-Singace, 21, under torture, including beatings, electric shocks and deprivation of food and water. 2 more men - Mohamed Ramadhan and Hussain Ali Moosa - are now at risk of execution, according to right group Reprieve. Both men claim they were tortured and their claims have not been properly investigated. Maya Foa, a director of Reprieve, told MEE: "The British government says it opposes the death penalty, but it is working with Bahrain's parliament where politicians are encouraging the King to execute prisoners like Mohammed Ramadhan, who has always insisted on his innocence and was tortured into making a false confession. "Just weeks after Bahrain's parliament made alarming calls for death sentences like his to be implemented without delay, a firing squad executed three men who were also tortured into falsely confessing. The UK Foreign Office should urgently tell Bahrain's authorities that the executions following such deeply unfair trials are unconscionable." In Westminster, political pressure has been building over the FCO's response to the executions and ongoing British support for Bahrain, and the Liberal Democrats have called for funding to Bahrain to be "stopped immediately". Tom Brake MP, the party's foreign affairs spokesman, told MEE: "The FCO must undertake a root and branch review to determine whether any of the UK funds invested in prisons or parliament in Bahrain are leading to greater respect for human rights. "After the recent extrajudicial executions carried out in Bahrain, it's looking more and more apparent that they are not and funding must be stopped immediately." The FCO must determine whether any of the UK funds invested in prisons or parliament in Bahrain are leading to greater respect for human rights - Tom Break, Liberal Democrat MP MEE can also reveal details of 11 projects in Bahrain that the British government is funding through the Conflict, Stability and Security Fund, a controversial pot of aid money that is currently focus of an investigation by British MPs over transparency concerns. These projects range from implementing a Criminal Justice Board and creating a social inclusion unit to a contract with Her Majesty's Inspectorate of Prisons to build the capacity of Bahrain's National Preventive Mechanism against torture. The CSSF, which operates in more than 40 countries, is overseen by the National Security Council, a secretive cabinet committee including senior ministers, military chiefs and secret service heads. Last year MPs probing the fund, which is worth more than 1bn pounds a year, expressed frustration that Mark Lyall, the national security advisor to the prime minister, was providing scant details of how the money is spent. During an evidence session Lyall refused to rule out granted funds from the CSSF fund to countries that use torture. Bahrain consistently denies it uses torture and says it adheres to international norms
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Jan. 23 MALAYSIA: Pregnant woman, husband, charged with drug trafficking, face gallows A married couple was charged in the Ampang Magistrate's Court here today with 2 counts of drug trafficking. However, no plea was recorded from clerk Lai Sook Kwan, 25, and her trader husband, Tan Kean Yap, 30, after the charges were read out before Magistrate Haslinda A. Raof. Tan and Lai, who is pregnant with her 2nd child, face the death penalty if found guilty of the charges made under Section 39B(1)(a) of the Dangerous Drugs Act. They were jointly-charged with trafficking in 52.8gm of Nimetazepam and 181.8gm of Methamphetamine at a house in Jalan Perdanan 2/24, Taman Pandan Perdana here at 8.30am on Jan 11. In the same court, Lai was also charged with 3 counts of drug possession, involving Nimetazepam (27.5gm), Methamphetamine (3.40gm) and Ketamine (0.90gm) at Puteri Park Plaza, Jalan 28, Taman Putra here at 7.30pm on the same day. She pleaded not guilty to all charges. The 3 charges were made under Section 12(2) of the Dangerous Drugs Act 1952, punishable under Section 12(3) of the same law, which provides for imprisonment of up to 5 years, or a fine not exceeding RM100,000, or both, if found guilty. The couple was represented by lawyer Amirul Ridzuan Hanif. Deputy public prosecutor Raihanah Abdul Razak, who prosecuted, did not offer bail. The court set March 23 for mention of all cases. (source: New Straits Times) * Young lawyers shying away from doing crimiminal lawSenior lawyer says young lawyers under constant pressure over the consequences of losing their cases, especially those that involve the death penalty. Most junior lawyers are not keen to take up criminal law practice as they cannot take the pressure that comes with the job, a senior lawyer said. N Sivananthan said advocacy in this area of law was crucial and lawyers must "think on their feet". "Criminal law is trial by ambush and there are elements of surprise where a lawyer must be able to digest issues on the spot before conducting cross examination," he said. Sivananthan said lawyers were also under constant pressure over the consequences of losing their cases, especially those that involve the death penalty. "As such, many young lawyers shy away from criminal practice and prefer to venture into other areas of law," he added. Sivananthan said criminal law was different compared with civil law as the latter was about confining the case to the "4 corners of pleadings". He said this in response to Chief Justice Arifin Zakaria, who had expressed concern over the acute shortage of lawyers taking up criminal cases, including drug trafficking and murder, both of which carried the death sentence. Speaking to reporters after the ceremonial opening of the 2017 judicial legal year recently, Arifin said this could be due to unattractive monetary returns compared with civil law practice. The top judge made the remark in reaction to a question on what the judiciary was doing to expedite trials against those charged with murder and drug trafficking but languished in jail for a long time since no bail could be offered. Arifin said proceedings were also held up as accused persons also wanted to obtain the services of lawyers of their own choice. Sivananthan said clients and their families wanted to pick reputable counsel as it involved the possible loss of life in the event that the court found the accused guilty. He said the current pool of senior lawyers were stagnant and would become smaller with junior lawyers not inclined to replace their seniors. Arifin had also mentioned a shortage of chemists that is hampering the quick disposal of cases. Sivananthan said a trial could not begin sooner than expected because chemists took about 6 months to prepare their report as evidence in court. (source: freemalaysiatoday.com) INDIA: Protests In South Kashmir Against West Bengal Death Penalty to Youth Clashes and protests broke out in a south Kashmir village on Sunday against the handing down of death penalty to a local youth by a fast-track court in West Bengal last week along with two Pakistani nationals. The family members of Muzafar Ahmad, 1 of the 3 accused who were held guilty under sections 121 (waging war against the state) and 121A (conspiracy to wage war against the Government of India) of the IPC, claimed that their son is being "framed". Abdul Majid Rather, father of Muzafar, told The Citizen that his son had gone missing in 2002 when he was a minor, "We had filed a police complaint then but there was no trace of him. In 2007, we got to know that he has been arrested by police in Bengal," he said. According to reports, Muzaffar was arrested while crossing into India along Bangladesh border. Security agencies accuse him of receiving arms training in Pakistan and also blamed the trio for planning to carry out "subversive
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Jan. 22 UNITED ARAB EMIRATES: Death penalty for Obaida killer upheld by Dubai appeals court The death sentence for the man who kidnapped, raped and murdered 8-year-old Obaida Al Aqrabawi has been upheld by Dubai Court of Appeal. The boy's mother was in court on Sunday morning eager to hear the outcome of the killer's appeal. When it was announced at 11am, she let out a sigh of relief as female friends and family hugged her. Nidal Ali, 48, from Jordan, walked into the courtroom after the judge gave the verdict. He asked the guards: "What, what?" "Death, death," one guard answered. Ali kidnapped Obaida, a Jordanian, on May 20 last year while the boy was playing outside his father's garage in a Sharjah industrial area. His body was found 2 days later in Al Warqa, Dubai. Ali admitted to drinking excessive amounts of alcohol that day and strangling the boy, but denied sexual assault and kidnapping, saying the boy went willingly into his car. A psychological evaluation ruled out any mental illness, as was claimed by the defence, and stated the killer was aware of his actions at the time of the murder. The report said the patient "suffers from antisocial personality disorder and alcohol dependence, but it does not affect his perception nor does it hinder his ability to distinguish [right from wrong]. He is fully aware and responsible for his actions". "The killer was admitted to Rashid Hospital's psychiatric section, where he was examined by a medical committee for a week," the report said. "He also underwent a personality test by psychiatrists and their clinical diagnosis was consistent with the committee's findings." Results of a CT scan on the rapist were normal, as were the results of an electroencephalogram, which showed no signs of any epilepsy. Ali was sentenced to death by Dubai Criminal Court on August 15. He was also found guilty of drinking alcohol without a licence and driving under the influence. In response to statements from the defence, Dubai Attorney General Essam Al Humaidan tweeted he would not rest until the death penalty was brought against Ali. The case will be referred to the Court of Cassation. If it is upheld it will be referred to the Dubai Ruler or the President to approve the execution and set a date. (source: The National) GRENADA: Sir Nicholas Brathwaite: Grenada's Best Prime Minister I was deeply saddened by the death of Sir Nicholas Brathwaite (Sir Nick) in November 2016 and that he died in virtual obscurity, ignored by the leadership of his party, the NDC, and a man with a broken heart for Grenada which he loved and served so well. I have worked as an Economist and Civil Servant for every Prime Minister (PM) of Grenada from Sir Eric Mathew Gairy to Dr Keith Claudius Mitchell and also served OECS and CARICOM PM's as the Director of Economic Affairs of the OECS Secretariat in Antigua from 1988-1992. In 1992 after returning to Canada from the OECS, I received a phone call from PM, Nicholas Braithwaite requesting me to serve as his Economic Advisor for three years, a period he indicated that would be challenging for his administration and Grenada's economy - a request I could not refuse. I returned to Grenada as his Economic Adviser and was appointed Permanent Secretary and Director General Ministry of Finance with the specific responsibility for implementing the Grenada Structural Adjustment Program (SAP). Working closely with him in these capacities of advisor and civil servant, engendered a personal friendship and respect and admiration for his performance as a PM. Sir Nick was the best Prime Minister Grenada ever had and this is my tribute to him and his family. Sir Nick was an educator, a bureaucrat and a great humanist - a kind and gentle man, with a great love for people. He became a reluctant politician when he was appointed in 1983 [after the US invasion and the overthrow of the Peoples Revolutionary Government (PRG)] he was appointed by the Governor-General, Sir Paul Scoon, Chairman of the Advisory Council of the Interim Government, consisting of 12 unelected prominent Grenadians ministers and officials. His main objective was to restore democracy as quickly as possible and to demonstrate good governance and economic management which he hoped would serve as a model for elected governments when democracy was restored - an objective which was accomplished in one year. When he became PM in 1990, he provided good governance during a difficult economic period when Grenada was struggling for economic survival. However, largely rumoured riffs in the Cabinet resulted in giving the popular impression that he was a weak and insecure PM - Grenadians snidely conferred on him the nick name "Ah don know." That poor reputation flew in the face of the fact that Sir Nick led and controlled his cabinet, gave his ministers a free hand to run their ministries, and made some of the most
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Jan. 21 DOMINICAN REPUBLIC: Justice Minister Believes Death Penalty Should Be Re-introduced The Hon Minister for Justice, Rayburn Blackmoore is of the opinion that the death penalty should be re-introduced in Dominica's legal system. Hon Blackmoore was speaking at a press briefing at the Ministry of Finance Conference Room last week. He says the number of crimes reported in Dominica is a cause for concern. "The whole question of the death penalty is not something that we should rule out," he said. "Moving forward we have to ensure that the law in itself has sanctions ... so persons who are found guilty get sentences that suit the actual crime," he said. The Hon Minister made this comments in light of 2 brutal attacks which took place in start of 2017. He says whereas the court decides on the issue of sentencing, he believes that the sentence must suit the crime "I am a strong believer that once somebody deliberately takes somebody's life, it's premeditated, that person has forfeited his or her right to live and its left to the state, once due process has been followed, to decide what happens to that person." The Hon Justice Minister called on Dominicans to be kinder as a people. (source: news.gov.dm) IRAN: UN Seeks to Stop One Imminent Execution in Iran, but Others Face Less Concrete Threats On Tuesday, Voice of America News reported that the United Nations had undertaken efforts to stop the execution of an Iranian inmate who had been sentenced to death when he was only 15 years old. The execution of juvenile offenders is a clear violation of international conventions on human rights and the rights of the child, both of which Iran has signed and ratified. Yet the judiciary of the Islamic Republic continues to defend the practice, upholding juvenile death sentences and affirming the maturity and legal responsibility of the condemned even when international pressure has led to those cases being reviewed or re-tried. The present case involves Sajad Sanjari, whose death sentence was handed down in 2012 after he was accused of fatally stabbing a man. Sanjari claimed that the incident was case of self-defense against an attempted rape, but this argument was rejected by the courts. Barring the success of the UN campaign, the young man now stands to become the 1st juvenile offender to be executed in 2017. Voice of America notes that at least 5 juvenile offenders were executed last year and that at least 78 people are currently on death row in Iran for crimes they allegedly committed while younger than 18. It also points out that the actual figures may be much higher than these, given the often secretive nature of Iran's judicial proceedings. This secrecy will also make it difficult to pin down the total number of executions that were carried out in the Islamic Republic during 2016. It already appears that most estimates for this figure exceed 500. While exceptionally high by global standards and enough to retain Iran's status as the country with the highest per-capita rate of executions, this figure would be modest by comparison with 2015, during which Iran is widely understood to have executed nearly 1,000 people. These annual totals rely in large part on information gathered by anti-death penalty activists, human rights groups, and dissident organizations like the People's Mojahedin Organization of Iran. One day after the announcement of the UN campaign for Sajad Sanjari, the Iran Human Rights website reported upon one instance of mass execution in Vakilabad Prison, this one targeting 4 drug offenders. Iran's population of death row inmates is dominated by non-violent offenders who have been accused of possession or trafficking of narcotics, often in relatively small quantities, sometimes even less than a kilogram. The Iran Human Rights report suggests that the overzealous prosecution of drug traffickers may also lead to the execution of innocent persons, possibly including one of the four individuals executed in Vakilabad. Identified as Akmad Shekarabi, that individual actually had his initial death sentence overturned by the Iranian Supreme Court, only for his case to be sent back to a lower-court, resulting in another death sentence, which this time was confirmed by the highest court. Shekarabi had been a taxi driver for another man who was arrested for drug trafficking. It appears that the only evidence against Shekarabi was the statements of his customer accusing him of knowing what was in the packages that that customer was carrying. The circumstances of this accusation are unknown, but Iranian law enforcement authorities have a demonstrated track record for putting pressure on arrestees to implicate others, often under threat of torture. Such tactics are particularly evident in cases of political imprisonment, and the resulting false implications or false confessions can become the sole basis for a
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Jan. 20 UNITED KINGDOM/BAHRAIN: Britain urged to act as 2 face execution in BahrainUK government has been criticised for its links with the Bahraini Sunni monarchy. Bahrain could be poised to execute 2 prisoners who claim their confessions were extracted through torture. Mohammed Ramadan and Husain Moosa were sentenced to death in 2014 for their alleged involvement in a bomb attack that killed a police officer, but supporters say they were falsely accused and confessed under duress. Human rights organisations fear that the 2 men could be put to death in the coming days following the execution of 3 prisoners on Sunday (16 January), the 1st in Bahrain since 2010. The men, Ali al-Singace, Abbas al-Samea, and Sami Mushaima, were allegedly tortured to force a confession in the same police station as the current death row inmates. Activists have called on Britain to suspend its support for the Bahraini criminal justice system to avoid UK complicity in further human rights violations in Bahrain, a wealthy island state in Persian Gulf and a key British ally in the Middle East. Bahrain, which is ruled by a Sunni monarchy, has led a major government crackdown against its Shia majority in the 5 years since protests erupted in Manama during the Arab Spring. British foreign secretary Boris Johnson said in response to the executions that the UK is "firmly opposed to the death penalty", and that he has "raised the issue with the Bahraini government". But anti-death penalty campaign group Reprieve described Johnson's response as "woefully inadequate". The charity has sent a letter to UK Prime Minster Theresa May calling for the government to "immediately suspend its involvement with all actors within the Bahraini criminal justice system and Ministry of Interior". "Reprieve and other organisations have repeatedly called attention to the link between human rights abuses and the multiple UK-trained institutions in Bahrain." Human Rights Watch and the Bahrain Institute for Rights and Democracy were among other organisations to make similar appeals. The UK has spent more than 5 million pounds in Bahrain since pro-democracy protests rocked the kingdom in 2011. Last Friday (13 January), it emerged that the controversial aid programme, overseen by the Foreign & Commonwealth Office (FCO), is being bolstered by a further 2m pounds this year. Reprieve says that Britain's funding and training of police officers, prosecutors, judges, prison guards and oversight investigatory bodies in Bahrain has not lessened human rights abuses in the country. Maya Foa, director of the death penalty team at Reprieve, told IBTimes UK: "Reprieve and other organisations have repeatedly called attention to the link between human rights abuses and the multiple UK-trained institutions in Bahrain. It is disappointing that there has not been a change of position by the UK Foreign Office." As reported in the Observer, documents obtained by Reprieve reveal that Her Majesty's Inspectorate of Prisons helped prepare inspections of custody facilities in Bahrain in 2014, including the notorious police station where the prisoners were allegedly tortured. The subsequent inspection report by the Bahraini Prisoners and Detainees Rights Commission failed to mention high-profile allegations of torture, including those of death row inmate Ramadan. Ramadan's torture allegations were also ignored for more than 2 years by the Ombudsman for the Ministry of Interior, a body receiving FCO-funded training from UK state-owned company Northern Ireland Cooperation Overseas (NI-CO), Reprieve claims. His case has been passed onto another NI-CO-trained watchdog, Bahrain's Special Investigations Unit, which previously ruled that one of the executed men, al-Samea, lied about his torture allegations. Britain is the biggest obstacle in preventing international scrutiny of Bahrain's human rights abuses, because it is playing a leading role in whitewashing Bahrain's crimes." Reprieve's Foa said the British-backed oversight mechanisms "refused to investigate or acknowledge the systemic and brutal torture of prisoners leading to coerced confessions", and that she was "seriously concerned" that they will fail Ramadan. Supporters of Ramadan, a father-of-3, say his arrest was a politically-motivated retaliation for his participation in pro-democracy marches. He was deprived of legal counsel in a trial based on evidence obtained under prolonged torture. Sayed Alwadaei, director of advocacy at the Bahrain Institute for Rights and Democracy, said that the FCO deeming Bahrain's torture watchdogs as "independent" is evidence that the UK is "misleading the international community". "Britain is the biggest obstacle in preventing international scrutiny of Bahrain's human rights abuses, because it is playing a leading role in whitewashing Bahrain's crimes," Alwadaei said. The UN High
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Jan. 20 BANGLADESH: After Narayanganj verdict, Bangladesh should disband RABLack of accountability has created a rogue force For years, Bangladesh's Rapid Action Battalion (RAB) has been deployed by successive governments not only to fight crime, but often as an in-house death squad, leaving a string of extrajudicial killings - often referred to as "crossfire" deaths, torture, disappearances, and arbitrary arrests in their wake. And for years, almost no members of RAB were held to account for these crimes. Until now. In a very rare verdict, on January 16 the Narayanganj District and Sessions court sentenced 26 people, including 16 members of RAB, to death for their role in a 2014 politically-motivated murder case. 9 other RAB members were sentenced to prison terms. Human Rights Watch opposes the death penalty and will urge it not be carried out. For too long, RAB officials have been shielded from prosecution by successive governments, some even justifying their crimes. But in this case, the court has found a local Awami League politician, Nur Hossain, crossed the line by contracting members of RAB-11, the unit deployed in the area, to abduct and kill his political rival, Nazrul Islam, also an Awami League official. On April 27, 2014, the verdict finds, Nazrul Islam was returning from court when, according to eyewitnesses, he was abducted along with 3 associates and his driver. His lawyer, Chandan Kumar Sarkar, who was following in another car, was abducted along with his driver. The killers were clumsy, failing to dispose of the bodies, which floated up in a river in Narayanganj, leading to public outrage. A government investigation concluded that members of RAB-11 had been involved in the murders. But those convicted are not the only ones responsible for the situation. The government has responsibilities too, because of the climate of impunity it has created. In recent cases, when RAB and other law enforcement agencies have disappeared people, witnesses say officers arrived claiming they were from the "administration," an open admission they worked for the state. Many of the disappeared people have later turned up dead. RAB is a mixed force of police and soldiers. Although formally led by a civilian officer, it is the army that controls RAB. Involving trained-to-kill soldiers in law enforcement is inherently risky, but the police also have their own problems with abuse. In recent years, members of the Detective Branch of the police has also been responsible for RAB-style serious human rights violations, including deliberately maiming suspects in custody by shooting them in the leg. The prosecution of RAB members is a welcome step towards ending violence and impunity. Yet it should not only happen when the victim is a ruling party member. While in opposition the Awami League called for the disbanding of RAB. Before taking office in 2009 prime minister Sheikh Hasina said she would reform RAB. This has not happened, so it is time for the government to take immediate steps to disband RAB and replace it with a rights respecting force. (source: Human Rights Watch) NIGERIA: Death Penalty for Kidnappers The Lagos State House of Assembly recently okayed death penalty for offenders under a new anti-kidnapping law. Tagged "A bill for a law to provide for the prohibition of the act of kidnapping and for other connected purposes," it will become law after Governor Akinwunmi Ambode's assent. The bill prescribes death sentence for kidnappers whose victims die in their custody. Kidnappers whose victims did not die in their custody will get life jail. The bill was passed following the adoption of a report presented by Chairman of the House Committee on Judiciary, Petitions, Human Rights and Lagos State Independent Electoral Commission (LASIEC) Mrs Adefunmilayo Tejuosho. A copy of the bill soon to be sent to Governor Ambode for assent and the bill states that "Any person who kidnaps, abducts, detains, captures or takes another person by any means or tricks with intent to demand ransom or do anything against his/her will, commits an offence, and is liable on conviction to death sentence." The bill criminalises attempt to kidnap and stipulates life imprisonment for anyone who attempts to kidnap another person. Also, the bill is against false representation to release a kidnapped or abducted person. This attracts seven years' imprisonment. The lawmakers also approved 25 years imprisonment for whoever threatens to kidnap another person through phone call, e-mail, text message or any other means of communication. The bill provides that any person who knowingly or wilfully allows or permits his premises, building or a place to which he has control of to be used for the purposes of keeping a person kidnapped is guilty of an offence under the law and is liable to 14 years imprisonment without an option of fine. Nigeria
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Jan. 19 PHILIPPINES: What lawmakers say about reimposing the death penalty Senator Manny Pacquiao has referenced the Scriptures in his pitch for the death penalty in the Upper Chamber as the debates continue on whether capital punishment should be restored. "Even Jesus Christ, nasentensyahan ng kamatayan, dahil ang government nag-impose talaga ng death penalty," said boxer-turned-politician on Tuesday. The Lower House, meanwhile, is divided on the death penalty ahead of debates scheduled in the chamber next week. Siquijor Representative Ramon Rocamora told Mornings@ANC on Wednesday that the majority is "not comfortable with the numbers right now," and a good number of congressmen who are undecided will determine the actual vote. Meanwhile, PBA Party-list Rep. Jericho Nograles, a member of the supermajority, said in a separate interview that he is against reviving capital punishment. He hopes the House leadership will encourage healthy debates on the controversial issue. For him, what should be prioritized instead is the improvement of the dispensation of justice. He noted that according to the Office of the Court Administrator, there are more than 720,000 active civil and criminal cases which are adding up by the day. "We should add courts, we add prosecutors and we add public attorneys. When we do that, we bring down the waiting time for a decision and people will believe in the justice system again," he said. Rocamora and Nograles both say government should prioritize these judicial reforms, speed up conviction, and the delivery of justice. (source: abs-cbn.com) BANGLADESH: Attack on ex-UK envoySC releases full text of Mufti Hannan appeal verdict The Supreme Court (SC) released on Wednesday the full text of its verdict that upheld the death sentence of Mufti Abdul Hannan, leader of the banned militant outfit Harkat-ul-Jihad, and two others in a case filed over the grenade attack on ex-British envoy to Bangladesh Anwar Choudhury in 2004, report agencies. The full verdict was posted on the SC website. On December 7, 2016, the SC upheld the death penalty of Mufti Abdul Hannan and 2 others in the case after rejecting the appeal filed by them seeking a review of the High Court (HC) verdict that upheld their death sentence. A 4-member bench, headed by Chief Justice SK Sinha, passed the order. (source: thefinancialexpress-bd.com) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Jan. 18 BAHRAIN: Victims of horrific human rights abuses, not criminals - the stories of 3 men executed by firing squad on Sunday On Sunday 15th January, 3 men were executed by firing squad in Bahrain. Their names were Ali Al-Singace, Abbas Al-Samea and Sami Mushaima. The UN Special Rapporteur, Dr Agnes Callamard, called their executions "extrajudicial killings". Ali, Abbas and Sami were the first prisoners to be put to death by the Bahraini authorities since 2010. Ali al-Singace Ali was just 21 when executed. He had been harassed and tortured by Bahrain's police since he was 15, because of his family's links to political opposition. The police wanted Ali to work as an informant. He refused. When Ali was 18, a bomb exploded killing several policemen. Ali was sentenced to death without even appearing before a court and then arrested a year later. He was tortured and electrocuted into making a false confession. His torture was never investigated. The day before his execution, Ali's family came to visit him in prison. The guards refused to say if he was about to be executed, and Ali asked his family to arrange for him to resit school exams he had missed. Abbas Al-Samea Abbas was a school teacher, and was just 27 when executed. He was targeted because of his family's links to political opposition. He was sentenced to death despite presenting the court with an alibi letter from the school where he taught. Abbas required hospital treatment after police tortured him during his interrogation, including electric shocks to his genitals and suspending him from the ceiling. He was later tortured again by guards in prison. Although UK prison inspectors helped plan inspections of both the police station and prison just months after Abbas was abused there, his torture allegations were ignored. Another UK-trained torture watchdog in Bahrain dismissed his complaint about ill-treatment without even arranging for a doctor to examine him for signs of torture. The day before his execution, Abbas' family came to visit him in prison. The guards refused to say if he was about to be executed. Sami Mushaima Sami was targeted because of his family's links to political opposition. During his police interrogation, he was beaten, tortured with electric shocks and sexually assaulted. He was illiterate, but was forced to sign a confession that he could not read. He was 42 years old when he was executed. Although UK prison inspectors helped plan inspections of the police station just months after Sami was abused there, his torture allegations were ignored. The day before his execution, Sami's family came to visit him in prison. The guards refused to say if he was about to be executed. (source: reprieve.org.uk) PHILIPPINES: 1 more bill reimposing death penalty filed in Senate A new measure that seeks to reimpose death penalty on persons involved in the illegal drug trade has been filed in the Senate on Wednesday. Under Senate Bill No. 1294, Sen. Sherwin "Win" Gatchalian seeks to amend Section 11 of RA 9165 to impose capital punishment on persons convicted of possession, sale, distribution, importation, and manufacture drugs. These include marijuana (10,000 grams or more), shabu (1,000 grams or more), opium, morphine, heroine, cocaine, cocaine hydrochloride, marijuana resin, marijuana resin oil, ecstasy, and LSD, and other drugs as determined by the Dangerous Drugs Board (200 grams or more). The measure also seeks to increase fines and penalties imposed for offenses under RA 9165 involving smaller quantities of drugs. Gatchalian, an ally of Pres. Rodrigo Duterte, said that his bill was his commitment to the Duterte administration's intensified campaign against illegal drugs. The neophyte senator, who was also 3-time mayor of Valenzuela City, said that he and Pres. Duterte were both "mayors at heart" and had "the same perspective" in terms of solutions to eliminate drug trafficking. "As local chief executives, we have both seen firsthand the kind of damage the illegal drug trade can do to entire communities if drug lords and king pins are allowed to continue their despicable operations with impunity," Gatchalian said. "Passage of this law will stop the illegal drug trade in its tracks and make sure that these despicable people will pay the ultimate price for their crimes against the Filipino people," he added. Aside from Gatchalian, Sen. Panfilo "Ping" Lacson, has previously filed a measure to revive death penalty. Some other senators who have openly expressed being in favor of the reinstatement of death penalty include Senate President Aquilino "Koko" Pimentel III, Senate Majority Leader Vicente "Tito" Sotto III, and Senator Emmanuel "Manny" Pacquiao. Pimentel, however, said that the passage of the death penalty bill will not come easy in the Senate as in the House of Representatives where it expected to face less
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Jan. 18 IRANexecutions 4 Prisoners Hanged on Drug Charges 4 prisoners were reportedly hanged at Mashhad's Vakilabad Prison on drug related charges. According to the human rights news agency HRANA, the executions were carried out on the morning of Tuesday January 17. 1 of the prisoners has been identified as Ahmad Shekarabi, sentenced to death on the charge of possession and trafficking 5 kilograms of heroin. "Ahmad's first death sentence was quashed by the Supreme Court, but he was sentenced to death again by branch 8 of Mashhad's Revolutionary Court, presided by Judge Mazloom," a source close to Mr. Shekarabi's family tells Iran Human Rights. The source insists that Mr. Shekarabi was innocent. The source adds: Ahmad was a cab driver who had a customer whom he would pick up packages forn at various addresses. The last time Ahmad did so, he arrived at the pick up location and noticed his customer had been arrested. As soon as Ahmad had arrived, he was also arrested, even though he explained that he's just the cab driver. However, the customer denied this and claimed that Ahmad was aware that the packages contained drugs and was involved in the operation. The customer's testimony had many inconsistensies to the point that Ahmad was first exonerated, but branch 2 of the court sentenced him to death anyway. After the Supreme Court quashed his death sentence [pending a new trial], he was sentenced to death again, and this time the Supreme Court confirmed the death sentence. Iranian official sources, including the Judiciary and the media, have been silent about these executions. The names of the other 3 prisoners are not known at this time. *** Prisoner Hanged on Drug Charges A prisoner was reportedly hanged at Bandar Abbas Central Prison on drug related charges. According to close sources, the execution was carried out on the morning of Tuesday Janaury 17. The prisoner has been identified as Ramezan Yousef Heydari, 36 years old. Mr. Yousef Heydari was arrested on March 2, 2011 on the charges of possession and trafficking 900 grams of crystal meth and 2 kilograms and 200 grams of crack. He was sentenced to death on May 1, 2013 by the Bandar Abbas Revolutionary Court. "Ramezan drove a Saipa vehicle, and the day they arrested him, they discovered the drugs in the tire of his car - but the drugs weren't his. He never once confessed that the drugs were his," a source close to Mr. Yousef Heydari tells Iran Human Rights. Iranian official sources, including the Judiciary and the media, have not announced Mr. Yousef Heydari's execution. (source for both: Iran Human Rights) EGYPT: Urgent Action 6 MEN AT IMMINENT RISK OF EXECUTION 6 men submitted their final appeal to the Supreme Military Court in December 2016. The men were sentenced to death by a military court in May 2016, in a case marred by enforced disappearances and torture. If the court rejects their appeal, the men could be executed at any time. Write a letter, send an email, call, fax or tweet: * Calling on the Egyptian authorities to retry all those convicted in the case before an ordinary, civilian court, without recourse to the death penalty, and in proceedings that respect international fair trial standards and exclude "confessions" and other evidence obtained through torture and other ill-treatment; * Calling upon them to open an effective, independent and impartial investigation into the allegations of enforced disappearance, torture and other ill-treatment; * Urging them to establish an official moratorium on executions with a view to abolishing the death penalty. Contact these 2 officials by 1 March, 2017: Important note: Please do not forward this Urgent Action email directly to these officials. Instead of forwarding this email that you have received, please open up a new email message in which to write your appeals to each official. This will help ensure that your emails are not rejected. Thank you for your deeply valued activism! Defence Minister Colonel General Sedqi Sobhi Ministry of Defence Cairo, Arab Republic of Egypt Fax: +202 2 414 4248 / +202 2 414 4247 Email: m...@afmic.gov.eg, m...@afmic.gov.eg Salutation: Your Excellency Ambassador Yasser Reda, Embassy of Egypt 3521 International Ct NW, Washington DC 20008 Fax: 202 244 4319 - OR- 202 244 5131 Phone: 202 895 5400 Email: ambassa...@egyptembassy.net Salutation: Dear Ambassador (source: Amnesty International USA) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Jan. 18 BANGLADESH: Thakurgaon court awards death penalty to man for murdering father A man in Thakurgaon has been given death sentence after he was found guilty of murdering his father. In its verdict on Wednesday, the court of additional sessions judge convicted 30-year-old Mozaharul Islam in the 2010 killing. The court also slapped a Tk 10,000 fine on the convict. Quoting court documents, Prosecutor Abdul Hamid said IdrisAli died on Dec 13, 2010 after his son hit him with a spade following an argument. Ali's eldest son Ansarul started a police case accusing Mozaharul, after which police arrested him. The next day Mozaharul confessed to the killing in a court. (source: bdnews.24.com) NORTHERN IRELAND: Last man to be given death penalty clears court hurdle The last man to be handed the death penalty in Northern Ireland has cleared the 1st stage in a High Court battle over disclosure of inquest documents. Liam Holden, 62, was sentenced to hang for the killing of a British solider in west Belfast in 1972. The death penalty was then commuted to life in prison before a 40-year fight to clear his name resulted in his murder conviction being quashed in 2012. Mr Holden, who always maintained the military subjected him to water torture and death threats to extract a confession for the shooting of Private Frank Bell, is now claiming compensation for a miscarriage of justice. He has also issued civil proceedings against the Ministry of Defence and the Chief Constable.The widowed father-of-two's legal representatives were seeking access to all material held on the Private Bell inquest as part of their case. But before agreeing to disclose the file the Public Records Office of Northern Ireland (PRONI) wanted a binding undertaking that the documents would be kept in the strictest confidence. Mr Holden's lawyers mounted a bid to judicially review the decision, arguing that the undertaking requirement is unreasonable and unlawful. The information requested includes details on the trajectory of the shooting of the 18-year-old soldier while on foot patrol in Springfield Avenue. Ballistic evidence and the post-mortem report are also being sought. Although documentation was later disclosed to Mr Holden's solicitor following an application under the Freedom of Information Act, the court heard 3 categories of redactions remained in the revised file. Counsel for PRONI argued that the challenge had been rendered academic by last year's introduction of the Court Files Privileged Access Rules (Northern Ireland) giving Mr Holden all available information. Despite the 2016 rules, Mr Justice Treacy still decided to grant leave to seek a judicial review. He said it involves a similar undertaking requirement and held that others may be affected. The judge added: "The Freedom of Information Act continues in force, and it is in the public interest to see that redactions made to information supplied under that Act are properly made." The case will now proceed to a full hearing later this year. Mr Holden, who was not in court, had his murder conviction quashed by the Court of Appeal following a referral by the Criminal Cases Review Commission. The body set up to examine potential miscarriages of justice deemed the conviction unsafe after an investigative journalist supplied evidence to back claims that waterboarding torture techniques were used. A confidential dossier was also found to contain relevant material about military rules in 1972 for arresting and questioning a suspect, and a statement of evidence from a soldier. Appeal judges held that the non-disclosure impacted on the safety of Mr Holden's conviction and could have supported an application to exclude confession evidence. (source: newsletter.co.uk) PAKISTAN: No more love for hangingsA death penalty is a brutal form of punishment which has no space in modern age, and it should be opposed worldwide Anomalies in the criminal justice system of Pakistan are very common. The example of this could be the recent Supreme Court judgements where it had acquitted 2 convicts who had already been executed a couple of months agoor had ordered the release of persons who had spent long years on death row. These incidences have become routine matter now. How can one argue for keeping the death penalty in such a criminal justice system? To answer this question, we have to see that recently Pakistan chose to vote against the resolution of the general assembly of the United Nations that called for placing a universal moratorium on the death penalty across the world. The resolution had the backing of 117 member states; 41 opted for voting against it, and 31 abstained. From the recent voting trend, it appears that South Asian countries preferred to reject the universal moratorium resolution while some of the countries of this region such like Sri Lanka, Bhutan and Nepal chose to vote
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Jan. 17 JAPAN: Japan is one of the few developed countries to still have the death penalty. Documentary filmmaker Mori Tatsuya looks at the issue of capital punishment and tries to answer the question of why 80% of the Japanese populace supports judicial executions. Choosing Who Lives and Dies In July 2016, Japan was shocked by the stabbing deaths of 19 residents of a disabled care facility in Sagamihara, Kanagawa Prefecture. Public outrage swelled when a letter surfaced that was written by the perpetrator, a former employee of the facility, shortly before the incident. In this, he brashly declared that killing the mentally disabled helped minimize misery and that his actions were for the good of Japan and world peace. People across Japan condemned the killer for his eugenic thinking, proclaiming that all life has meaning and that no person has the right to choose who should live and who should die. I agree that all human life is precious. It defies being ranked or quantified. Yet, if the public outcry we heard after the Sagamihara murders is to be believed, then I am obliged to point out that Japanese society remains willfully ignorant of the eugenic undertones of capital punishment. The death penalty is the intentional and unnatural taking of human life that a court of law has judged to no longer have meaning or value. In Japan there is broad public support for the system, with more than 80% of citizens approving of judicial executions. What is important to consider here is not that there is capital punishment in Japan, but why so many people in the country avert their eyes to the reality it represents. People, of course, are cognizant that Japan enforces the death penalty. However, they only give it passing recognition. Hardly anyone in their daily lives ever stops to consider how an inmate is actually put to death, what passes through their mind at the end, or how they spend their final days. More significantly, very few people ever contemplate what having the death penalty means to society. Aum Shinrikyo on Death Row For many years my interest in capital punishment was the same as most other Japanese. I felt it was a just and fair punishment for a person who had committed the grave crime of murder. I never questioned why a person who had taken another's life should also die. My confidence began to waver, however, after I interviewed 6 leaders of Aum Shinrikyo sitting on death row while I was shooting a documentary about the cult. As I sat and talked with these individuals the reality that I was speaking with people who were waiting to be killed gradually sank in. Of course, all of us will die someday. Perhaps it will be in an accident, from illness, or simply due to old age. However, these were not to be the fate of the six men I sat speaking to through thick, transparent acrylic panels. These individuals were slated to be legally murdered. Each of the cult leaders I interviewed said they regretted what they had done in the name of religious fanaticism. Many choked back tears, saying that it was only fair when considering how family members of victims must feel that they too should be killed. I met with them many times. We also exchanged letters. When we talked, their words were not always those of regret. There were times when we joked and smiled. When I misunderstood a particular detail of their crime one might shout reproachfully, "It wasn't like that at all, Mori!" In short, these men were normal human beings. In some respects you could even say they were kinder and more genuine and upright than many people I had met. Somehow I could not make sense of it. It is a sin to kill. These men had broken this fundamental human law, and as punishment they would be legally put to death. The logic defied me. I could not understand why they had to die or why society seemed justified in killing them. This experience led me to begin reporting on capital punishment. In my work I interviewed a wide variety of people and pondered countless aspects as I struggled to gain an understanding of the issue. After more than 2 years of reporting, I compiled my experiences and thoughts into the book Shikei (Capital Punishment). Allow me to begin with my conclusion: there is no one overriding, logical argument that justifies the death penalty. Japanese who are in favor of capital punishment like to cite its effectiveness in deterring crime. By this logic, then, one would expect public safety in the 2/3 of the world's nations that have abolished the death penalty to be in decline. The statistics, however, do not clearly bear this out. In fact, sociological research overwhelmingly shows the death penalty serves no significant function as a crime deterrent. Many advocates of abolishing capital punishment point to the risk posed by false convictions. Proponents of the system, however, argue that such risks exist for all forms of
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Jan. 17 SAUDI ARABIAexecution Saudi carries out first death sentence of 2017 Kingdom puts prisoner to death for shooting dead another Saudi in 1st of year by one of world's most prolific executioners. Saudi Arabia, one of the world's most prolific executioners, on Tuesday carried out its 1st death sentence of the year, after more than 150 in 2016. Authorities put Mamdouh al Anzi to death following his conviction for shooting dead another Saudi in a dispute, the interior ministry said. He was executed in Arar, a city near Iraq. Beheading with a sword is the most common form of execution in the kingdom. According to an AFP tally based on official announcements, Saudi Arabia executed 153 locals and foreigners last year under its Islamic legal code, down slightly from the previous year. Rights group Amnesty International said Saudi Arabia carried out at least 158 death sentences in 2015, coming 3rd after Iran and Pakistan. Amnesty's figures do not include secretive China. Rights experts have raised concerns about the fairness of trials in the kingdom but the government says the death penalty is a deterrent. (source: middle-east-online.com) UNITED KINGDOM/BAHRAIN: 3 executed in Bahrain - Boris Johnson's Bahrain response 'woefully inadequate' International human rights organization Reprieve has criticised the response of the UK Foreign Secretary, Boris Johnson, to Bahrain's execution this morning of 3 men. The 3 men, Ali Al-Singace (21), Abbas Al-Samea (27) and Sami Mushaima (42), were executed by firing squad after being convicted on the basis of forced 'confessions'. A statement from the Foreign Secretary did not confirm whether the Government took steps to prevent the executions. The statement also did not address concerns, raised by Reprieve, over the risk of UK complicity in the executions and other abuses such as torture. Mr Johnson said: "The UK is firmly opposed to the death penalty, and it is our longstanding position to oppose capital sentences in all circumstances. The Bahraini authorities are fully aware of our position and I have raised the issue with the Bahraini Government." The UK Foreign Office has spent over 5 million pounds in aid money on reforming Bahrain's human rights record since protests swept the Gulf kingdom in 2011. Reprieve has gathered information that suggests the assistance programme failed to protect the 3 men from torture. Documents obtained by Reprieve, and reported in the Observer today, reveal that Her Majesty's Inspectorate of Prisons helped plan inspections of custody facilities in Bahrain; including the police station where all 3 men were tortured. Their abuse continued after inspections took place. The 6-page inspection report failed to mention their allegations of torture. The FCO has also funded a UK state-owned body, NI-CO, to train 2 oversight institutions in Bahrain, an Ombudsman and a Special Investigations Unit. Both bodies rejected Mr al-Samea's complaint about his torture, without conducting a proper investigation. The 3 men are the first people executed in Bahrain since 2010, and the 1st Bahrainis executed since 1996. There are now concerns about 2 other men on Bahrain's death row who are also at imminent risk of execution, Mohammed Ramadan and Husain Moosa. Both say they were tortured into providing false confessions at the same police station as the 3 men who were executed today. Commenting, Maya Foa, a director of Reprieve, said: "The UK is one of Bahrain's biggest backers - last year Boris Johnson's Department oversaw 2m pounds of support to the Kingdom's prisons and wider criminal justice system. Unfortunately, the Bahraini bodies trained by the UK repeatedly failed to properly investigate appalling torture allegations lodged by the men who were executed today. Given this fact - and the grave miscarriages of justice that have taken place today - the Foreign Secretary's statement is woefully inadequate. It fails even to confirm whether HMG had opposed the imminent executions during recent high level meetings with Bahraini officials. "The Government should immediately suspend its involvement with Bahrain's criminal justice system and Ministry of Interior, and make clear to the Kingdom's leaders that the UK unequivocally condemns its actions." (source: reprieve.org.uk) PHILIPPINES: Some Duterte allies also against death penalty: Lagman Not everyone in President Rodrigo Duterte's camp is backing his proposal to revive the death penalty. House opposition leader and Albay Rep. Edcel Lagman today revealed some administration stalwarts are among those opposed to the death penalty bill, with as many as 50 lawmakers ready to debate the bill. "The debates will be very extensive particularly from those who are going to interpellate. I think we can produce even 50 interpellators. Matagal yun pero you know the leadership can always find ways
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Jan. 17 NIGERIA: The Lagos State anti-kidnapping law It is commendable that in a bid to curb the rising wave of kidnappings in the state, the Lagos State House of Assembly has sent a bill against the menace to Governor Akinwunmi Ambode for assent and passage into law. To underscore the inhumanity of those who perpetrate the crime, "A Bill for a Law to provide for the Prohibition of the act of kidnapping and other connected Purposes," understandably proposes the death penalty for offenders whose captive (s) died in their custody and a life sentence for those whose victims came out alive. In the light of an upsurge in this heinous crime, the Lagos State House of Assembly deserves praise for taking this action against such a murderous scourge as kidnapping. It is also time the Federal Government took a decisive action in tandem with the three states -Anambra, Delta and Lagos - that have enacted or are in the process of passing specific laws to deal with abductions. In October last year, kidnappers struck at the Lagos State Model College in Epe and took away six persons, made up of staff and students. They were released after days in captivity upon payment of a ransom. The trauma of that violent encounter still lingers among all persons. Before then, 4 residents of Lekki Gardens in Isheri were violently abducted and taken to the creeks. They were also later released, perhaps after the abductors had received a ransom. Indeed, there were other cases of kidnappings which did not catch the big headlines in Lagos and across the country. In some cases, the kidnappers would collect the ransom after killing their victims and many victims have also been known to suffer heart failure during the encounters. Their bodies are usually buried in shallow graves by the criminals. Those who are lucky to return from the captivity of kidnappers tell horrendous stories of torture, starvation and humiliation. In a few cases, the police were able to arrest the criminals. Last week over half a dozen civic groups in Lagos called on the state government to frontally confront kidnapping. In their view, the era of denial was over. They listed the cases of different persons from 2012 who had been kidnapped in Lagos and concluded that the government was not willing to publicly acknowledge the problem. Recently, indeed, on Friday, January 13, 2017, 5 persons, 3 students and 2 members of staff of Turkish International School Isheri, a border town between Lagos and Ogun states, were kidnapped by armed men. In most, if not all the cases, these criminals demand a ransom which loved ones manage to raise and pay. So, for the kidnappers, it is an avenue to get quick wealth and, therefore, an attractive venture. The scourge shot up in the last 10 odd years as kidnappers who called themselves militants picked up foreigners, particularly in the Niger Delta, and asked for huge sums of money. To avoid the death of victims, families and companies as well as governments often paid the ransom. Different groups and persons then took to the nefarious trade and made a profession of it. In Delta State, the reign of the notorious Kokori-born Kelvin Oniara, the kingpin of kidnappings in that region was brought to an end in 2013 when he was arrested by men of the State Security Service in Port Harcourt. He and some members of his gang are currently facing trial in Abuja for the abduction of 1-time Deputy Governor of Anambra State, Dr. Chudi Nwike, Chief Michael Ozekhome (SAN) and Professor Hope Eghagha (then Commissioner for Higher Education, Delta State). Sadly, Dr. Nwike was killed and his body abandoned on a roadside near Agbor. Also in 2013, another kingpin who operated between Ghana and Lagos, Benjamin Osinachi, (aka China) met his waterloo in the hands of the Special Anti-robbery Squad of the Nigeria Police, after years of terrorising innocent families through kidnapping. Anambra State took the special step of demolishing any house that was used as a hideout or safe haven by kidnappers. The truth, therefore, is that kidnapping is now a national problem. It requires concerted efforts of all stakeholders in Nigeria and sometimes across the border. This is where intelligence gathering in a proactive manner becomes crucial. The criminals involved use their mobile phones to make calls before, during and after kidnapping their victims. A synergy between the Nigeria Police and the network providers should provide a platform to track the scoundrels. The Federal Government should play a definite and coordinating role in this regard. An effective intelligence structure should be created in order to either nip the crime in the bud or arrest perpetrators of the crime. The banks also have a role to play. Some of the huge ransoms paid by victims usually end up in the banks. Through proper monitoring, banks should be able to report to the appropriate authorities if a customer starts
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Jan. 16 BAHRAIN: Statement on executions carried out in Bahrain The EU reiterates its strong opposition to the use of the death penalty in all circumstances. This case is a serious drawback given that Bahrain had suspended executions for the past 7 years, and concerns have been expressed about possible violations of the right to a fair process for the 3 convicted. The EU rejects violence as a political tool and fully supports the stability and development of the Kingdom of Bahrain, but believes this can only be achieved through a sustainable and inclusive national reconciliation process. (source: eureporter.co) NIGERIA: Nigeria state governors responsible for high number of condemned inmates -Prison Service The Nigeria Prison Service (NPS) has accused state governors of being responsible for the high number of condemned inmates in prisons across the country as they were unwilling to approve the execution of inmates on death penalty. The Service Public Relations Officer (PRO), Francis Enobore stated this at the weekend in Abuja during a parley with journalists. While revealing that 1,640 condemned persons were presently in prison formations across the country, Enobore appealed to the state governors to do the needful by either signing the condemned persons death execution or commuting their death sentences to terms of imprisonment. "The problem of condemned prisoners is still a very big challenged to NPS and we have been appealing to the relevant authorities especially to the Chief Executives" he said. "When someone gets to his last bus stop and is condemned to death and he has exhausted his appeal to the Supreme Court, the only opportunity he has to escape the death is the Chief Executive commuting his death sentence to a term of imprisonment or sign the death warrant for this person to take his last breath. "But there is a kind of silent moratorium that most governors are not too willing to endorse death sentences. "You are not signing their execution, yet you are not commuting their death sentences to terms of imprisonment, so that we can get them transferred to a place where they can be remodelled or rebranded for the society. "So they create a very big problem for us. But we keep appealing that governors to do the needful so that we will be able to really manage these people effectively." While disclosing that the present management of the NPS was ready to take the Service to greater heights, Enobore said apart from massive promotion of personnel, the government had provided more logistics to the Service. "10, 979 officers across board who were stagnated for several years have been promoted. As a result, there is high motivation now in the Service. "Government provided 400 vehicles and infrastructure. We are currently expanding cells too," he said. (source: nigeriamasterweb.com) BANGLADESH: Narayanganj 7-Murder CaseEx-AL men, Ex-RAB officials among 26 handed death penalty A Narayanganj court on Monday awarded death penalty to 26 people including former Awami League leader Nur Hossain and 16 ex-RAB officials in the sensational 7-murder case. 9 others were also sentenced to different terms in the verdict handed down by Narayanganj district and sessions judge Syed Enayetur Rahman. Out of a total of 35 accused in the gruesome murder, 23 were present before the court while delivering the verdict. 1 of the prime convicts Nur Hossain was a leader of ruling Bangladesh Awami League (AL) and a councillor of the Narayanganj city corporation at the time of the murder. The suspended RAB officials who were awarded death penalty are: lieutenant colonel Tarek Sayeed, major Arif Hossain, commander lieutenant Masud Rana, habildar Emdadul Haque, ROG-1 Arif Hossain, lance nayek Hira Mia, lance nayek Belal Hossain, sepoy Abu Toiyob, constable Md Shihab Uddin, SI Purnendo Bala, sainik Asaduzzaman Nur, sainik Abdul Alim, sainik Mohiuddin Munshi, sainik Al Amin, sainik Tajul Islam and sergeant Enamul Kabir. All of them were in the RAB-11 officials when the murder took place and later they were sacked when their involvement was found in the preliminary investigation. The other convicts who are now behind the bars are: Nur Hossain and his accomplices-Ali Mohammad, Mizanur Rahman Dipu, Raham Ali, Abul Bashar and Mortuza Zaman (Charchil). The absconding convicts are: corporal Mokhlesur Rahman, sainik Abdul Alim, sainik Mohiuddin Munshi, sainik Al Amin, sainik Tajul Islam, sergeant Enamul Kabir, ASI Kamal Hossain constable Habibur Rahman and Nur Hossain's cohorts--Selim, Sanaullah Sana, Shahjahan and Jamal Uddin. Those who have been convicted to different jail terms are: Nasir Uddin, Bazlur Rahman, constable Habibur Rahman Habib, sub-inspector Kamal Hossain, Abdul Alim, Ruhul Amin, Syed Nuruzzaman, sub-inspector Abul Kamal Azad and Babul Hossain. On 27 April in 2014, 7 people, including Narayanganj city
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jan. 15 CHINA: China to formulate judicial exclusionary rule of illegal evidence China will formulate and issue a judicial interpretation on the throwing out of illegally-obtained evidence. At a meeting attended by the heads of higher people's courts nationwide on Saturday, courts were asked to implement policies regarding the death penalty. They were told to learn from the case of Nie Shubin, an innocent man who was wrongfully executed over 20 years ago. Stricter punishments will be given to crimes of murder, robbery, kidnapping, women trafficking and telecom fraud, according to the meeting. Violations in the securities market will also be handled according to law, and more should be done to educate minors involved in school bullying, it was stressed at the meeting. The courts were also called to intensify the analysis and study of the root causes of corruption and loopholes in the supervision system to improve anti-corruption systems. Chinese courts at all levels received over 23 million cases in 2016 and concluded the trial or enforcement of about 19.8 million cases, statistics revealed at the meeting showed. (source: ecns.cn) INDIA: President converts 4 tribals' death sentences to life terms President Pranab Mukherjee has disposed of all mercy petitions of death penalties pending before him till date. The latest was the case of Bara massacre accused of Gaya district, where 32 Bhumihar Brahmins were killed by the Maoist Communist Centre (MCC), a banned outfit. President Pranab Mukherjee has disposed of all mercy petitions of death penalties pending before him till date. The latest was the case of Bara massacre accused of Gaya district, where 32 Bhumihar Brahmins were killed by the Maoist Communist Centre (MCC), a banned outfit. In 2001, Krishna Mochi along with 3 others, Nanhe Lal Mochi, Bir Kuer Paswan and Dharmendra Sing, alias Dharu Sing, were awarded capital punishments by a sessions court in connection with the massacre. They were tried under the provisions of Terrorist and Disruptive Activities (Prevention) Act. In 2002, the Supreme Court upheld the death penalty by a majority of 2:1 in a 3-judge Bench. Justice M B Shah differed from the view of the majority. He acquitted Sing and commuted the death sentences of the 3 others to life. All the 4 convicts have been lodged at Bhagalpur Central Jail. Their mercy petitions were dispatched from the jail on March 2, 2003. Since then, it was pending with the Union Home Ministry. Only in the month of August last year, the Home Ministry sent the mercy petition to President Mukherjee for his consideration. The President sought legal opinion on the matter because of a recent landmark judgment of the Apex Court which overturned an earlier judgment and drew a distinction between murders related to terrorism and other kinds of murders. After considering the merit of the case carefully, the President endorsed the view of the dissenting judge except for the acquittal of the accused. In the month of January this year, the President reduced the death sentences of those convicts to life imprisonment. This was the last mercy petition pending before him. During his tenure, President Mukherjee has accepted 4 mercy petitions and rejected 28. Among them were high profile cases including dreaded Pakistan terrorists Ajmal Kasab, Yakub Abdul Razak Memon and Afzal Guru of Jammu and Kashmir which drew international interest and was debated widely. (source: milleniumpost.in) *** Budding lawyers debate sedition and death penalty at moot court The classrooms were converted into courts, the students were public prosecutors and counsels, the judges were senior advocates of Supreme Court and the High Court. Though it was a moot court organised at Delhi University's Campus Law Centre, the temperament of the court proceeding was nothing less than those in real courts. Delhi University's Campus Law Centre organised the 13th K.K. Luthra moot court on the law of sedition and the propriety of death penalty as a punishment for the offence. The 3-day event that lasts till Sunday has students from 75 colleges participating from across the country and abroad. The final result of the competition will be declared on Sunday. On Saturday, there were Toby Chandler, Sorcha Dervin and Kieran Freear from Bristol University in the shoes of public prosecutor defending the state and against them were students of Rajiv Gandhi National University of Law in Patiala, Mittul Singh Rana, KS Roshan and Vikram Choudhary. The budding lawyers from Punjab submitted before the court that Article 124A which advocates that whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards state shall be punished, should be struck down. They gave
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Jan. 15 TRINIDAD & TOBAGO: Murder must have deadly consequences The year 2017 has not got off to a good start in terms of murders. The numbers continue to grow, with more murders occurring than days - about 15 as at the 13th. There's no letting up from where we left off in last year. In addition to undertaking an analysis of the demographic, psychological and criminogenic circumstances surrounding murders and then dealing with them - which should lead to long-term solutions - a key recommendation is ensuring there are appropriate consequences which are implemented. First, we have to ensure that the penalty for murder, which is death by hanging in Trinidad and Tobago, is implemented after a complete and fair criminal trial - with appeals - within the stipulated 5-year time frame. The entire criminal justice system must be on board. The legislators in Parliament must play their critical part, too. If murderers know they can be prosecuted, convicted and executed within the 5-year time frame, it's more likely this can be a deterrent. We must recognise that a decision to engage in crime is a psychological matter. Other than those who are insane temporarily or permanently, all other murderers make a decision to kill another person. They also know there is an almost 100 % chance they will not suffer the death penalty. They have the upper hand on crime. If murderers know for sure they will be executed, it will serve as a deterrent. Don't be fooled, many of those murderers are afraid to die via State execution. The very thought of the ritual of walking out of a cell to be put to death by hanging can be enough of a deterrent. Further, we need to move into the direction of classifications for murder, for example, 1st degree and 2nd degree. And let us agree on the range of punishments for these various levels of murder, with probably the death penalty for 1st-degree murders, life imprisonment for 2nd-degree murders, etc. Other jurisdictions have done it, so why do we feel that it cannot be done here? Human beings are afraid of physical pain unless they have some serious psychological disorder. We should also consider prescribing corporal punishment alongside the death penalty. It can be an appetiser before the main course. If potential murderers know they will be whipped with the cat-o'-9-tails as well, we are almost certain this can be a deterrent. Murder is a very gruesome crime where there's no recuperation on the part of the victim. There's the need also for the murderer to feel similar or worse pain and suffering. For some crimes, we can entertain rehabilitation, but for murder where you take away the life of an individual, where it is proven beyond a reasonable doubt that person A, B or C is guilty, that person should suffer badly. That's the only way we can expect a reduction in murders in the short term. (source: Ian Ramdhanie; Letter, Trinidad Express) PHILIPPINES: Philippine : Do not revive the Death Penalty ADPAN strongly urges all members of the Philippine House of Representative and Senate to reject the reinstatement of the death penalty and uphold the rights to life as enshrined in the Constitution. Reinstating the death penalty would violate Philippine's international legal obligations, in particular, the Second Optional Protocol to the International Covenant on Civil and Political Rights, which the country has ratified. The reasons behind the reinstatement of the death penalty are ill founded and purely a political one. Numerous studies and analysis have concluded that death penalty does not deter crime. Indeed, there has been no existing reliable evidence to prove otherwise. ADPAN also wishes to highlight that the UN Office on Drugs and Crime has consistently called for the abolishment of death penalty on drug related offences, citing that such irreversible and oppressive laws are not an effective prevention and solution and it is not supported by international drug conventions. It is also to be noted that on 11th January 2017, Deputy Prime Minister of Thailand Mr Wisanu Krea-ngarm had said that Thailand would eventually do away with death penalty by trying to amend the law to find alternative to the capital punishment, taking into consideration the global trend on abolition. The Malaysian government has also announced its intention to abolish the mandatory death penalty on drug offences while a comprehensive study is now underway that may also see the total abolition of the death penalty. Philippine, if successfully revive the death penalty, would not only move backward in its human rights standards and obligations, and would also not be in line with the progress made by its neighboring countries towards the eventual abolition of death penalty. ADPAN states its disappointment that this Bill to reinstate the death penalty is being rushed on 16 January 2017 when the House of Representative resumes,
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Jan. 14 AUSTRALIA: Brother speaks out against death penalty at world premiere of Bali 9 member Myuran Sukumaran's art show The brother of executed Bail Nine member Myuran Sukumaran joined community leaders to speak out against the death penalty at the emotional world premiere of an art exhibition featuring his paintings in Campbelltown last night. Chintu Sukumaran choked back tears as he told the hundreds of people who attended the opening night of the Myuran Sukumaran: Another Day in Paradise exhibition that he and his family felt a cross between pride and anger to see his brother's emotive and thought-provoking artworks on display. "We are proud that Myru???s work is being shown to the world but we are angry that he is no longer with us," he said. "Our family feel great sadness that his life was cut short so violently. We miss him all the time. "It's important to stand up against the death penalty." Mr Sukumaran, who attended the opening night with mum Raji and sister Brintha, said art gave his brother an outlet and the paintings showed the power of redemption. Myuran Sukumaran found a passion for art and painted hundreds of portraits, including a series featuring each Bali 9 member, while incarcerated in Bali's Kerokoban Jail and from his final incarceration on Nusa Kunbangan Island. Sukumaran and fellow Bali 9 member Andrew Chan were executed by Indonesian authorities on Nusa Kumbagan Island in April 215. Chan's brother Michael also attended the opening night of the exhibition, which is on display at Campbelltown Arts Centre as part of the Sydney Festival. Mr Chan said the paintings were excellent and showcased what Sukumaran tried to do. "He made mistakes but he rehabilitated and this is what you see," he said. Mr Chan said he and his family had their good days and bad days and he hoped something good would come out of the situation. Sukumaran's lawyer Julian McMahon also attended the launch and described how he watched his client mature from a naive and angry young man to a person who reformed and found a passion for art and tried to make life better for the other prisoners in the jail. Campbelltown Mayor George Brticevic offiically opened the exhibition and became emotional as he commended the bravery of the Sukumaran family for attending the event. He said he had served as a police officer for 22 years and the attendance of the family at the opening night was the bravest thing he had seen. Macarthur Federal Labor MP Mike Freelander and Fowler Federal Labor MP Chris Hayes, who served on the group Australian Parliamentarians against the Death Penalty, also attended the event and spoke out against capital punishment. The exhibition was co-curated by Sukumaran's mentor, Archibald Prize winning artist, Ben Quilty, and Campbelltown Arts Centre director Michael Dagostino. The series of self portraits are on display at Campbelltown Arts Centre as part of the Sydney Festival. One of the paintings featured in the series, The Final 72 Hours. Quilty became emotional at the launch and thanked the arts centre and Campbelltown Council for being brave enough to stage the exhibition. He said he hoped the exhibition blew the "haters" out of the water. Dagostino said he was keen for the arts centre to show thought-provoking works and become a vessel to discuss issues. "This exhibition is proof that art can change lives," he said. Alongside Sukumaran's paintings, the arts centre commissioned works by 6 leading Australian artists which also explore the exhibition's themes and are displayed alongside his work. The exhibition is free to enter and will be on show at Campbelltown Arts Centre until March 26. (source: Daily Telegraph) IRAN: Watchdogs Urge Iran to Halt Rushed Executions of 12 Alleged Drug OffendersHuman rights watchdogs said that Iran should immediately halt the execution of 12 convicted drug offenders, as the decision to give the death penalty to drug offenders does not comply with international legal standards, and is not effective at resolving the nation's drug problem. Iran should immediately halt the execution of 12 convicted drug offenders, as the decision to give the death penalty to drug offenders does not comply with international legal standards, and is not effective at resolving the nation's drug problem, 2 human rights watchdogs said in a joint statement Friday. "Packing prisons with drug offenders and rushing to send them to death row without due process in highly flawed trials will just worsen Iran's justice problem while doing nothing to solve Iran's drug problem," Human Rights Watch (HRW) Middle East Director Sarah Leah Whitson said in the statement. The HRW and Amnesty International noted in their statement that some of the convicted offenders were not even guilty of their crime, but were nevertheless convicted due to improper court proceedings, refusal of courts to grant
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Jan. 13 JAMAICA: Capital punishment and justice Opponents of capital punishment often put forward the proposition that it doesn't deter murder. That proposition is unprovable. But more than that, it disregards the reason for capital punishment persisting throughout history: the need for retributive justice. Inasmuch as a concern to prevent crime is noble, it being the reason for not executing murderers minimises the gravity of murder; and it denies the survivors of victims the psychic satisfaction that condign punishment has been suffered for their loss. To me, that isn't justice. So what is justice? Russel Kirk, writing for the Heritage Foundation in 1993, gave this as the classical definition of justice: "The classical definition, which comes to us through Plato, Aristotle, Saint Ambrose, and Saint Augustine of Hippo, is expressed in a single phrase: suum cuique, or to each his own." As this is put in Justinian's Corpus Juris Civilis, "Justice is a habit whereby a man renders to each one his due with constant and perpetual will." (The meaning of justice). This means that justice must be constant, being 'a habit'; and it is about punishing the offender, not deterring crime or rehabilitating the offender. That kind of justice is obvious and retributive. It validates the enduring maxim from Chief Justice Lord Hewart that, "It is not merely of some importance, but of fundamental importance that justice should not only be done, but should be manifestly and undoubtedly seen to be done." DETERRING CRIME Those who insist that executing a man for murder doesn't deter other men from committing murder, because murders continue despite executions, should tell us why we should punish people for any crime. For crimes continue despite punishment. People are punished every day for theft, child abuse, and a host of other crimes, yet other people continue to do them, well knowing of the punishment. To argue that the death penalty doesn't deter murder, and insist on giving life sentence instead, implies that life sentence is a deterrent; but despite life sentences, murder continues. Since life sentence is a deterrent in the view of those who oppose execution on the ground that it isn't a deterrent why don't we just catch a bunch of people and lock them up for life, to prevent murder? C.S. Lewis, British thinker and apologist, said of the deterrence argument: "If deterrence is all that matters, the execution of an innocent man, provided the public think him guilty, would be fully justified." Another argument against the death penalty is that it is cruel and unusual punishment. That is, it is too severe for a human being. But is it cruel and unusual for a man who has taken the life of another human being, in a most brutal fashion, as is murder, to be given the same or equivalent treatment he gave to his victim? MERCIFUL PUNISHMENT I believe there is an element of mercy in the application of the death penalty, especially today in the Western world. Convicts are no longer drawn and quartered, devoured by animals, crucified, burned at the stake, stoned, and have their heads chopped off by the guillotine. Lethal injection and electrocution are clean and efficient methods: the convict gets his dessert in minutes, not suffering the agonising ordeal to which he subjected his victim or victims. And a man who knows he will be executed at a set time has the opportunity to make things right between himself and his Maker before his execution. In light of this, execution could be an instant passage into eternal bliss. Contrast that with having a man in prison for life, sometimes for decades, in the most inhuman conditions, where he is denied contact with the outside world. That is cruel and unusual punishment. Finally, to those who insist that DNA has shown that sometimes innocent people have been executed, I say that since DNA is so precise, it means the chance of executing an innocent person, where DNA evidence is available, is almost nil. That is even more reason for executions. Following the reasoning that since innocent people have been executed we should not have capital punishment, we should then dispense with all types of punishment, for innocent people are mistakenly punished for crime every day. (source: Ewin James is a freelance journalist; Jamaica Gleaner) IRANexecutions Prisoner Hanged on Murder Charges A prisoner was reportedly executed at Urmia Central Prison on murder charges. According to the news agency, Kurdistan Human Rights Network, the name of the prisoner is Nasser Soltani. According to the human rights news agency, HRANA, Mr. Soltani's execution sentence was carried out on Wednesday January 11 while 3 other prisoners, including a woman, who had been transferred to solitary confinement along with Mr. Soltani on Tuesday, were returned to their cells after their death sentences were postponed. The
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Jan. 12 INDIA: Decide death row convicts plea in 2 months: SC to Delhi HC The Supreme Court today asked the Delhi High Court to decide within 2 months the plea of a death row convict seeking commutation of his sentence to life imprisonment on the ground of delay to decide his mercy petition. A bench comprising Justices Dipak Misra and R Banumathi passed the order after taking into account the submission of Attorney General Mukul Rohatgi who said if the apex court would go into the legal issues concerning jurisdiction of high courts the delay would benefit the death row convict. The apex courts direction came while disposing of the transfer petition of the Chhattisgarh government which alleged that the Delhi High Court has no jurisdiction to stay the execution of a man held guilty of murder of 5 persons, including 2 children, in 2004 in its territory. The high court in its December 6, 2016 order had said the rejection of mercy petition by the President "does give rise to a cause of action at Delhi". It had on March 2, 2015 stayed the execution of Sonu Sardar after which the Chhattisgarh government approached the Supreme Court challenging its jurisdiction to hear the matter. The state government had told the apex court that the high court had no jurisdiction to stay the execution of convict Sonu Sardar as the offence had taken place in Chhattisgarh. The Supreme Court had in February 2012 concurred with the findings of 2 courts below and upheld the punishment. His mercy petition was also dismissed by both the state Governor and the President of India. In February 2015, the apex court had also rejected his review plea. Sardar in his plea before the high court had contended that there was a delay of 2 years and 2 months by the President in deciding his mercy plea. He had also sought commutation of his death sentence to life imprisonment on account of delay in deciding his mercy plea as well as for allegedly keeping him in "solitary confinement illegally". Sardar, along with his brother and accomplices, had killed 5 members of a family, including a woman and 2 children, during a dacoity bid in Chhattisgarhs Cher village on November 26, 2004. The trial court had awarded death penalty to him which was upheld by the Chhattisgarh High Court. (source: indiatoday.in) PHILIPPINES: Palace denies pressure on Congress to pass death penalty bill Malacanang denied Thursday that President Rodrigo Duterte is pressuring Congress to immediately pass a measure seeking to revive the death penalty in the country. Communications Secretary Martin Andanar said Duterte respects the independence of Congress and trusts its judgment in approving a measure that would revive the capital punishment, which was abolished in 1987. "The revival of death penalty is a campaign promise of President Duterte and part of the priority legislative measure of his administration [but] the President respects the independence of Congress as a separate co-equal branch of government," Andanar said in a statement. "He trusts the wisdom of our lawmakers to see that the enactment of such law would benefit the nation not only by instilling respect for the law among our people but also by ending impunity and ensuring that those who commit heinous crimes are prosecuted to the full extent of the law," he added. On Wednesday, Buhay party-list Representative Lito Atienza accused the President of pressuring the lawmakers to re-impose death penalty. "This is the administration's initiative, not Congress'. The death penalty is an imposition of the leadership of this administration so we, congressmen, sad to say, are under pressure," Atienza said. "No less than President Duterte is directing the passage of the bill," he added. House Bill 1, which seeks to revive the death penalty on all heinous crimes as defined by previous laws, was approved by the House committee on justice before Christmas and will be sent to the plenary when Congress resumes its sessions next week. (source: sunstar.com.ph) GUYANA: Why did Guyana vote against moratorium on executions at United Nations when it had previously told UN a de facto one was in place Dear Editor, In an Addendum dated 2nd July 2015 subsequent to Guyana's Universal Periodic Review, Guyana informed the United Nations that in relation to the death penalty, "A de facto moratorium has been in place since 1997..." A statement to the Human Rights Council of the United Nations General Assembly should not be lightly made. It is fair to assume that our Ministry of Foreign Affairs understood the significance of giving this assurance to the United Nations. In December 2016, the UN General Assembly voted on a moratorium on executions. Guyana was one of 40 (out of 195) states who voted against the resolution. Why did we vote against the moratorium when we have one in place? On what grounds did our government conclude that
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Jan. 11 BAHRAIN: Urgent Action3 Men Face Imminent Execution January 11, 2017 On 9 January the Court of Cassation in Bahrain upheld death sentences against three Bahraini men. It also upheld life sentences against 7 others and the revocation of the nationality of 8 of them. All 10 men were convicted following an unfair trial in relation to the March 2014 killing of 3 policemen. On 9 January the Bahraini Court of Cassation upheld death sentences for Ali Abdulshaheed al-Sankis, Sami Mirza Mshaima' and Abbas Jamil Taher Mhammad al-Samea. The court also upheld the life sentences of 7 other men and the revocation of the nationality of 8 of them. The 10 men were convicted on 26 February 2015 by the Criminal Court of offences that included "organizing, running and financing a terrorist group (Al-Ashtar Brigade) with the aim of carrying out terrorist attacks"; "possession and planting of explosives with the intention to kill security forces and causing disorder"; and the "killing of 3 police officers and attempted killing of others". The Appeal Court upheld the convictions on 31 May 2016 and on 17 October 2016 the Court of Cassation overturned them and ordered a retrial by the same Appeal Court, which subsequently upheld the sentences again on 4 December 2016. The convictions will now go to the King for ratification. According to the statement made by some of the men, during 3 weeks of interrogation at the Criminal Investigation Directorate (CID), the 10 men had no access to their families or lawyers, and were tortured. Sami Mshaima' and Abbas al-Samea later told their families that they were given electric shocks, beaten, burnt with cigarettes, deprived of sleep, and sexually assaulted. All 10 men are currently held in Jaw prison, south of Manama. TAKE ACTION Write a letter, send an email, call, fax or tweet: -- Urging the Bahraini authorities not to execute the 3 men and to order a full retrial of all 10 men that fully complies with international fair trial standards, excludes evidence obtained under torture and without recourse to the death penalty; and to carry out an independent and impartial investigation into their allegations of torture; -- Acknowledging the authorities' duty to prevent crime and bring those responsible to justice, but insisting that this should always be done in accordance with international law and Bahrain's international human rights obligations; -- Urging them to commute all death sentences to terms of imprisonment and immediately establish an official moratorium on executions with a view to abolishing the death penalty. Contact these 2 officials by 21 February, 2017: King Shaikh Hamad bin 'Issa Al Khalifa Office of His Majesty the King P.O. Box 555 Rifa'a Palace, al-Manama Bahrain Fax: +973 1766 4587 Salutation: Your Majesty ** H.E. Ambassador Shaikh Abdullah Bin Mohammed Bin Rashid Al Khalifa Embassy of the Kingdom of Bahrain 3502 International Dr. NW, Washington DC 20008 Phone: 1 202 342 // Fax: 1 202 362 2192 Email: ambsecret...@bahrainembassy.org (source: Amnesty International USA) IRAN: Child bride faces execution by hanging Zeinab Sekaanvand Lokran comes from a poor, conservative Iranian-Kurdish family, and ran away from home at 15 to marry Hossein Sarmadi in the hope for a better life. Soon after the wedding, Hossein started beating Zeinab - she asked for a divorce, but he refused. She told police, but they ignored her. She ran away, but her family disowned her. She was 17 when her husband died. Zeinab was arrested and "confessed" that she killed her husband after he'd abused her for months and refused her requests for divorce. She was then held at the police station for the next 20 days and repeatedly tortured by police officers. After a grossly unfair trial, in which she was denied access to a lawyer during her entire pre-trial detention, Zeinab was sentenced to death by hanging. Execution delayed during pregnancy In 2015, Zeinab married a fellow prisoner in Oroumieh Central Prison and became pregnant. Her execution was delayed while Zeinab was expecting. Last month she gave birth to a stillborn baby, and is now at risk of execution. Doctors said her baby died in her womb 2 days earlier due to shock, around the same time her cell mate and friend was executed on 28 September. She was returned from hospital to the prison the very next day - denied any postnatal support or care since. Raped by her brother-in-law Zainab only met her state-appointed lawyer for the first time at her final trial session. It was then that she retracted confessions made when she'd had no access to a lawyer. She told the court that her husband's brother, who she said had raped her several times, was responsible for the murder and had coerced her into confessing, promising he would pardon her (under Islamic law, murder victims' relatives have the power to pardon the offender and
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Jan. 11 THAILAND: NRSA approves death penalty for corruption exceeding 1 billion baht worth of ill-gotten gains The National Reform Steering Assembly unanimously endorsed by 155 votes with 7 abstentions a report by its political reform panel which proposed stiffer penalties, including death, against corrupt politicians. Mr Seri Suwanpanont, chair of the NRSA's political reform committee, clarified after the assembly meeting that corruption has been a serious problem that has undermined the country for a long time. He claimed that his panel did not initiate the capital punishment but merely complied with the Criminal Code without any intention to hurt any particular group of people but merely intended to discourage people from getting involved in corruption. Besides, he noted that only a handful of people who amassed more than 1 billion baht in ill-gotten gains from corrupt practices. The report proposed varying degrees of punishments in accordance with the amount of money amassed from corruption: 5 years for amount less than 1 million baht; 10 years from amounts over 1 million baht up to 10 million baht; 20 years for amounts over 10 million baht up to 100 million baht; life imprisonment for amounts over 100 million baht up to 1 billion baht; and death penalty for amount exceeding 1 billion baht. Seri defended that the report was meant to make it clear to political office holders of the consequences they would face if they are corrupt. Mr Kasit Bhiromya, an assemblyman, rejected the death penalty, saying that as a Buddhist, he disagreed with the capital punishment. The report will be fine-tuned before it is sent to the cabinet, the National Legislative Assembly, the Constitution Drafting Committee, the National Anti-Corruption Commission, the Constitutional Court, the Election Commission and the National Human Rights Commission for consideration. (source: pattayamail.com) PAKISTAN: Pakistan sets execution date for mentally ill manThe United Nations has previously called on Pakistan to protect mentally ill inmates. A Pakistani judge has issued a death warrant for a schizophrenic man, his lawyers said, months after the country's top court halted the execution of another mentally ill prisoner. Khizar Hayat, a 55-year-old former police officer, was sentenced to death in 2003 for shooting a colleague. The United Nations has previously called on Pakistan to protect mentally ill inmates, singling out Hayat as having "psychosocial disabilities". The Justice Project Pakistan (JPP), which is managing his case, said Hayat's lawyer in September 2015 had challenged the execution in light of his mental illness. Hayat was diagnosed by government doctors in 2008, when a de facto moratorium on the death penalty was in place. But Lahore jail authorities pressed ahead with seeking the death warrant, which was granted by a sessions court, and the execution has been set for 17 January. Another mentally-ill man, Imdad Ali, was given a last-minute reprieve from execution by the Supreme Court in October, which said it was "inappropriate" to hang someone in his condition. A final decision on his fate remains pending. Sarah Belal, executive director of JPP, said: "Expert medical opinion and Pakistan's international obligations makes Khizar's execution not only unlawful but also inhumane." Knowingly hanging a mentally ill man would signal to the world that Pakistan does not uphold the fundamental rights of its citizens or abides by its international obligations. Since lifting its moratorium on executions in December 2014, Pakistan has hanged some 420 prisoners, overtaking Saudi Arabia to become the world's 3rd largest executioner nation after China and Iran. But according to a report by British charity Reprieve, 94% of Pakistan's executions have been for non-terrorism offences, despite the government's claim that capital punishment was reinstated to combat Islamist militancy. (source: Agence France-Presse) INDIA: The love of hanging: There's one thing that India and Pakistan agree on Last month, Pakistan joined India, Afghanistan, Bangladesh and the Maldives in rejecting a global moratorium on the death penalty at the UN. Pakistan chose to vote against the recent resolution in the United Nations General Assembly that had called for a global moratorium on the death penalty and was adopted by the majority of member states. The gist of this resolution has been adopted by the UN General Assembly every 2 years since 2007. The resolution adopted on December 19, 2016, was backed by 117 member states, while 40 voted against it and 31 abstained. As against the voting pattern in 2014, the new supporters of the moratorium call were Guinea, Malawi, Solomon Islands, Sri Lanka and Swaziland. South Asia maintained its fondness for the death penalty as Pakistan joined Afghanistan, Bangladesh, India and Maldives in rejecting a
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Jan. 10 JAPAN: Former Aum cultist publishes memoir on gas attacks, cult leader The sarin gas attack on the Tokyo subway system on March 20, 1995 killed 13 and left more than 6,000 people injured. A former executive of the Aum Shinrikyo cult who helped manufacture the sarin gas that killed 13 people and sickened more than 6,000 on the Tokyo subway system in 1995 has published a memoir. In it, Tomomasa Nakagawa, 54, a former medical doctor and now death-row inmate, reveals the method used by the cult to manufacture the deadly nerve gas and also discusses former Aum leader Shoko Asahara, whom he cared for. "He was a criminal before (being regarded as) a religious leader in that he transformed a religious organization into a criminal enterprise," Nakagawa noted about Asahara, whose real name is Chizuo Matsumoto. Matsumoto, 61, is also on death row. Nakagawa published the memoir in the November issue of Gendai Kagaku (Chemistry Today), urged by Anthony Tu, professor emeritus at Colorado State University and an authority of toxicology. Tu, who wrote a book on the subway attacks and also a 1994 sarin attack in Matsumoto, Nagano Prefecture, that killed 8 people and sickened about 600, has interviewed Nakagawa many times. The cultist, whose death sentence was finalized in 2011, was involved in both sarin atrocities and also the abduction and murders of anti-Aum lawyer Tsutsumi Sakamoto and his family members in 1989. At the beginning of the memoir, whose main theme was "Why was (Aum) able to manufacture sarin?" Nakagawa apologizes to victims of the series of crimes committed by Aum cultists. As for Asahara's skill as a leader of yoga and meditation sessions, Nakagawa writes, "His capability was extremely high." "There were no people who joined Aum to commit murders. Including me, those who put absolute trust in Asahara in the fields of yoga and meditation became involved in the (fatal) incidents," Nakagawa recalls. He also reveals the chemical formulas he says were used to manufacture the sarin, which the cult began producing in around 1992. In January 1995, the media reported that police suspected Aum was behind the sarin attack in Matsumoto. The gas was sprayed in a residential area in June the previous year. Aum members hurriedly disposed of several hundreds of tons of sarin and other chemical substances to prevent police from finding the stockpile, Nakagawa writes in the memoir. "All of us were poisoned by sarin (while doing that). I was just about able to stand," he recalls. The sarin attacks on the Tokyo subway system were carried out on March 20, 1995. Nakagawa was one of the cultists who manufactured it, utilizing chemicals that were not disposed of in the January clearing out. Nakagawa said in court that Yoshihiro Inoue, 47, also a former Aum executive and a death-row inmate, was responsible for storing the chemicals. However, in a court ruling on a different former executive of Aum, it was stated keeping the chemicals was Nakagawa's job. "Whatever the reason, terrorism is always intolerable," the memoir reads. It concludes with, "The background (of the act) of joining dangerous religious or terrorist organizations and the background (of the act) of carrying out terror acts after joining those organizations should be distinguished." Minoru Kariya, 56, the eldest son of Kiyoshi, a notary public who was also abducted and killed by Aum in 1995 at the age of 68, said that many bereaved families still have questions after listening to the remarks made by various Aum members in court. "If former executives of Aum release their memoirs, it could help clarify the facts (of the series of crimes committed by the organization)," said Kariya, who has repeatedly interviewed Inoue and Nakagawa. (source: Asahi Shimbun) BAHRAIN: Bahrain uses torture evidence to sentence 3 more to death Bahrain's highest court has Monday upheld the death sentences of 3 men, despite allegations that they were tortured into making false confessions. Their executions are now imminent. Abbas al-Samea, Sami Mushaima, and Ali al-Singace were originally sentenced to death in February 2015. All 3 were tortured into signing false 'confessions' that were used against them in court. Mr Mushaima was forced to sign documents despite being illiterate. He is a relative of a prominent opposition politician, but has never been involved in activism. Mr al-Samea was admitted to hospital for surgery as a result of his interrogation. He is a PE teacher and aspiring photojournalist who had taken pictures at a protest. The 3 men's death sentences were overturned in October 2016 after a court ruled that their initial sentences were "misjudgements." However, in December 2016, the appeals court reinstated their death sentences. Human rights organization Reprieve wrote to Britain's Prime Minister Theresa May asking her to raise the issue of
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Jan. 9 SINGAPORE: Putrajaya urged to save Malaysian on Singapore death rowThe argument put forward by activist groups in Singapore, led by lawyer M Ravi, is that core elements involving prevention and protection of right of life were ignored. Hindraf has come out in support of the call to have a Malaysian on death row in Singapore be given a reprieve. Hindraf chairman P Waytha Moorthy also urged Putrajaya to intervene and "ensure that a Malaysian life is not short-lived or falls prey to antics of Singapore without having an opportunity to preserve their life". "Singapore with its statutory presumption has failed to do what is necessary and in line with customary international law, where a notion of prevention is an important part of protection of the right to life. "They have an obligation to provide and facilitate this right including the duties to take reasonable measures to prevent such capital punishment rather than relying on a slapstick statutory presumption," he said in a statement released today. Waytha was referring to the case of Prabagaran Srivijayan, 29, who is on death row in the island republic and is set to be executed in a few weeks. He was convicted in 2012 after drugs were found in the car he was driving to enter Singapore. According to Waytha, Prabagaran had during the trial claimed that he did not know of the existence of the drugs in the car, which he said he had borrowed from a man called Nathan. "During investigations, he had also positively identified Nathan and another man Balu from photographs shown to him by the Singapore police but for unknown reasons the Singapore authorities failed to seek their Malaysian counterpart's assistance to secure the arrest of Nathan and Balu," Waytha said. He added that the Singapore Court of Appeal had rejected Prabagaran's appeal based on circumstantial evidence and after having failed to note that material witnesses were not produced in court by the prosecution in the original trial. Meanwhile, it was reported yesterday that a prominent Singaporean lawyer and 2 of his Malaysian counterparts are racing against the clock to save Prabagaran's life. Singaporean M Ravi, who founded the Singapore Anti-Death Penalty Campaign, is working with human rights lawyers Latheefa Koya and N Surendran to stop Prabagaran's execution. Both Latheefa and Surendran are members of PKR. Surendran is also the Padang Serai MP. According to Singapore website The Independent, the Malaysian lawyers may file for a judicial review in the Kuala Lumpur High Court for an order to compel Putrajaya to file an immediate complaint at the International Court of Justice (ICJ). "The argument put forward by activist groups in Singapore, led by lawyer Ravi, is that the core elements involving prevention and protection of right of life are ignored. In contrast, statutory presumptions are prioritised without affording a prompt, thorough and effective investigation and securing all relevant evidence concerning the event to prevent a violation of the right of life for Prabagaran," Waytha, who is a former deputy minister in the prime minister's department, said. Waytha added that Malaysia, like Singapore, are signatories to bilateral and multilateral agreements such as the International Drug Control Conventions of 1961, 1971 & 1988 which allows the infringed party to raise the grievances for their own citizens. "These treaties envisage reference of disputes to the ICJ that opens a door for the Malaysian government to bring forth a case against Singapore when it involves the Malaysian citizen as it is reflected in Article 36 in the statute of ICJ," he said. Meanwhile, Waytha noted that almost 70% of the prisoners on death row in Singapore are Malaysians. (source: The Independent) BAHRAIN: Cassation Court upholds death sentence for officers' killers The Court of Cassation upheld the death sentence against 3 defendants in the case of murder of First-Lieutenant Tariq Mohammed Al Shehi and policemen Mohammed Raslan and Ammar Abdu Ali Mohammed, Advocate General at the Public Prosecution's Technical Office Haroon Al Zayani said. The crime took place on March 3, 2014 when the defendants planted an explosive device, lured the policemen and detonated it, killing 3 policemen. 8 terror suspects, including five in custody, were referred to the Criminal Court. They were charged with forming a terror group to undermine the provisions of the Constitution and to stall official institutions, and caused terror blasts to achieve their aims. They recruited other suspects, made and detonated explosive devices and targeted public security men to kill them in order weaken the state, stir unrest and topple the regime. 6 suspects were charged with joining the terror group. They along with the 2nd suspect carried out terrorist activities, killed and attempted to kill policemen, damaged public
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Jan. 8 SINGAPORE: Lawyers from both sides of Causeway cooperate to save Malaysian citizen sentenced to die in Singapore The Singapore Anti-Death Penalty activists, led by human rights advocate M Ravi, are collaborating with lawyers and lawmakers from across the Causeway to save the life of a convict currently on death row, Prabagaran A/L Srivijayan (Praba). Praba (age: 29) a Malaysian citizen was arrested on 12 April 2012 when he was just 24 years old, for a narcotic trafficking offence. He has been on death row for more than 4 years since 2012, and is awaiting the result of his clemency petition to the Singapore President. Writing in his Facebook Mr Ravi said that he was extremely grateful to prominent Malaysian Human Rights Lawyers Latheefa Koya and N Surendren (also a Member of Parliament in Malaysia) for agreeing to represent Prabagaran in Malaysia. They are considering filing an urgent application for Judicial Review in the High Court in KL for a court order to compel the Malaysian government to file an immediate complaint at the International Court of Justice (ICJ) to save Prabagaran from being unlawfully executed under customary international law on account of breach of right to a fair trial in Singapore. Mr Ravi said that he also met with Malaysia???s ambassador-at large for human rights, Tan Sri Dr Shafee Abdullah and briefed him on his ICJ memorandum addressed to the Malaysian government. The Ambassador assured Mr Ravi that he will speak to the Malaysian Minister of Foreign Affairs on Monday and do his level best to assist. The Singapore Anti-Death Penalty activists allege that Praba is being deprived of his life in a manner that is in breach of the principles of the separation of powers, the fundamental rules of natural justice, and the rule of law. "In respect of a person who has been convicted of a drug offence that is punishable with death under the Second Schedule of the Misuse of Drugs Act (MDA), Section 33B(2)(b) of the Misuse of Drugs Act (MDA) provides that the Public Prosecutor may certify that a person convicted of a drug offence punishable with the death penalty has substantively assisted the Central Narcotics Bureau (CNB) in disrupting drug activities. If the Public Prosecutor so certifies, and if the offender is also merely a courier, then the sentencing judge has the discretion to impose life imprisonment in lieu of the death penalty. If the Public Prosecutor does not so certify, then the sentencing judge must sentence the offender to the death penalty. As discussed above, although in this case Praba has maintained his innocence, he has, in fact, done his best to provide CNB with credible leads that could well have resulted in persons involved in drug activities (i.e., Balu and Nathan) being apprehended." They argue that the right to a fair trial is one of the most important fundamental human rights and that the death sentence imposed on Praba violates the right to fair trial under customary international law. The activists said "the Public Prosecutor's determination of whether or not substantive assistance was provided is too fluid and unstable a standard by which to determine the penalty which an offender should receive." In an earlier statement, they further strongly suggested that the matter should compel the Malaysian government to lodge a complaint with the International Court of Justice (ICJ) and urged the Malaysian government to safeguard the life of its own citizen who is facing impending death. The activists also urged the Malaysian government to consider several factors including the irreversibility of the death penalty and make submissions to ICJ without delay. "In light of the punishment's irreversibility, the very limited time available may not be enough for preparing submissions to the ICJ. Therefore, if a submission to the ICJ is to be ultimately made, that submission should ideally be made as soon as possible." In speaking to this publication, the activists say that Praba is likely to be executed by the State in the third week of January. (source: independent.sg) PHILIPPINES: Solon wants smuggling punishable by death An administration ally wants Congress to ensure that smuggling will be included in the list of crimes to be punishable by death penalty. Ako Bicol party-list Rep.Rodel Batocabe said smuggling should be considered a heinous crime "because it strikes against the very core of the blood and life of the government - taxes." "If you smuggle, you are like a termite and a leech which sucks our coffers dry, deprive our poor the needed social services and kill our jobs and industries. For his sins against the country and ordinary Filipino, a smuggler deserves to die not only once but many times over," he said. The House of Representatives is expected to open debates on the proposal to reinstate capital offense when session resumes this month. Batocabe, a
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Jan. 7 SAUDI ARABIA: Indonesian spared from death row in Saudi Arabia The Indonesian Embassy in Riyadh has secured the release of an Indonesian man who had been on death row in Saudi Arabia for alleged murder, the Foreign Ministry revealed. The man, identified as Syarif Hidayat Anang, was arrested by Saudi authorities in 2013 on allegations of being complicit in the murder of another Indonesian citizen, Enah Nurhasan. He was detained alongside three Saudi citizens in Ahsa in the country's east, according to a statement by the ministry's directorate for the protection of Indonesian nationals and entities abroad. From the outset, the Indonesian Embassy in Riyadh had provided legal assistance, having appointed Saudi lawyer Abdullah Al Mohaemeed to represent Syarif until 2015. Since May 2016, defense duties were taken over by Muhammad Ahmad al-Qarni, another legal adviser. "From the results of an investigation into the case files by the Indonesian Embassy's protection team, we were certain that Syarif was not involved in the murder, and that's why we went all out to secure his release," Dede Rifai, the embassy's consular attache who coordinated the legal efforts, said on Saturday. Syarif was acquitted on all charges on Dec. 12 last year, while the remaining suspects remained on death row. He arrived in Jakarta late on Friday in the company of his legal adviser, following the issuance of his release earlier this week, the ministry revealed. (source: The Jakarta Post) IRANexecutions 3 Prisoners Executed - 2 for Moharebeh 1 for Drug Charges 3 prisoners were reportedly executed at Rajai Shahr Prison on Wednesday January 4. According to confirmed sources, 2 of the prisoners were executed on Moharebeh charges (enmity against God) and the other prisoner was executed on drug related charges. According to the human rights news agency, HRANA, the 2 prisoners hanged on Moharebeh charges were accused of armed robbery. The names of these prisoners are Traub Rashidi and Ali Cheshmeh Noushi. The other prisoner has been identified as "Sajad". He was reportedly transferred to Rajai Shahr Prison from Karaj Central Prison and executed on drug related charges. Iranian official sources, including the Judiciary and the media, have been silent on these executions. Prisoner Hanged on Drug Trafficking Charges At least 1 prisoner, identified as Mohammad Zebardast, was hanged at Lakan, Rasht's central prison, on drug related charges. According to close sources, Mohammad Zebardast's execution was carried out on the morning of Wednesday January 4. A confirmed source tells Iran Human Rights that Mr. Zebardasht was arrested in 2011 for possession of 2 kilograms of crystal meth and 2 kilograms and 800 grams of opium. He was sentenced to death in September 16, 2012 by a court in Rasht (Gilan province, northern Iran) for drug trafficking. Mr. Zebardasht was held in prison from his arrest to his execution. Iranian official sources, including the Judiciary and the media, have been silent about Mr. Zebardasht's execution. Close sources say it is likely that more than 1 prisoner was hanged at Lakan Prison on Wednesday. (source for both: Iran Human Rights) INDIA: December 16 gang-rape: SC seeks affidavits of 4 death row convicts The Supreme Court on Friday asked the 4 death row convicts in the December 16 gang-rape and murder case to file affidavits on the mitigating circumstances for its consideration. A bench comprising Justices Dipak Misra, R Banumathi and Ashok Bhushan asked the counsel for the condemned convicts, who have challenged their conviction and the death penalty in the sensational case, to file the affidavits, detailing the mitigating and other circumstances which favour them. The oral direction came in the wake of submission of senior advocate Raju Ramachandran, who is assisting the bench as an amicus curiae, that the trial court and the high court were "so overwhelmed by the nature of the crime" that they did not follow the proper procedure for sentencing the accused in the instant case. Ramachandran had submitted that the courts below did not consider the mitigating circumstances of individual accused in the case. "The accused and their counsel were not asked questions about their individual backgrounds and the mitigating factors, there was no application of mind to the case of each accused and therefore, no separate reasons were given for the imposition of death penalty on each of the accused," he had said, adding this had resulted in denial of right to equality and protection of life and liberty under Articles 14 and 21 of the Constitution of India respectively. Earlier, the court, which has been hearing final arguments in the case from April 4 last year, had appointed senior lawyers Ramachandran and Sanjay Hegde as amicus curiaes. While Ramachandran would assist the court in
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Jan. 6 PAKISTAN: JI demands death penalty for adulterators Jamaat-e-Islami (JI) Karachi chief Engineer Hafiz Naeemur Rahman has demanded the government to legislate so that those adulterating medicines and other commodities could be given capital punishment. Naeem expressed deep concern over the news that the government had failed to curb adulteration of milk, medicines and food items. Lashing out at the state-run watchdogs, the JI leader noted that it was a matter of grave concern for the citizens. He added that despite the fact that media had unearthed these elements several times, but the government failed to take any solid measure to bring this nefarious practice to an end. He lamented that although Consumers Protection Act had been passed in 2015, it was yet to be implemented. He also demanded the government to set up consumer courts. Naeem was of the view that decision on the cases related to adulteration should be pronounced within 30 days. He further said that JI's Public Aid Committee had set up a especial cell for the protection of consumers' rights. He added that if needed, JI would take to streets in this regard. (source: nation.com.pk) The love of hanging Pakistan chose to vote against the recent resolution in the United Nations General Assembly that had called for a global moratorium on the death penalty and was adopted by a majority of member-states. The gist of this resolution has been adopted by the UN General Assembly every 2 years since 2007. The resolution adopted on Dec 19, 2016 was backed by 117 states, while 40 voted against it and 31 abstained. As against the voting pattern in 2014, the new supporters of the moratorium call were Guinea, Malawi, Solomon Islands, Sri Lanka and Swaziland. South Asia maintained its fondness for the death penalty as Pakistan joined Afghanistan, Bangladesh, India and Maldives in rejecting a universal moratorium, while Bhutan, Nepal and Sri Lanka voted in favour. Those who defend the death penalty as a principle enjoined by Islam may look at the division among the Muslim states (the category includes all members of the OIC). Those voting in favour of a moratorium included: Albania, Algeria, Azerbaijan, Benin, Bosnia Herzegovina, Burkina Faso, Chad, Cote d'Ivoire, Eritrea, Gabon, Guinea, Guinea Bissau, Kazakh???stan, Kyrgyzstan, Mali, Mozambique, Sierra Leone, Somalia, Suriname, Togo, Tajikistan, Tunisia, Turkmenistan and Uzbekistan. Those who abstained included: Bahrain, Cameroon, Comoros, Djibouti, Indonesia, Jordan, Lebanon, Mauritania, Morocco, Niger, Nigeria, Uganda and the UAE. The Muslim states that voted against were: Afghanistan, Bangladesh, Brunei, Egypt, Guyana, Iran, Iraq, Kuwait, Libya, Malaysia, Maldives, Oman, Pakistan, Qatar, Saudi Arabia, Sudan, Syria and Yemen. We find that 24 of the OIC's 57 member states voted in favour of the moratorium, while 13 abstained and only 18 voted against. In other words, Pakistan is in the minority group of 18 OIC member-countries that opposes the moratorium. It is for Pakistan's government and its Islamic scholars to ponder as to why a majority of the OIC members do not find any faith-based bar to the acceptance of a moratorium on capital punishment. They may also consider the possibility that, as in the case of some international treaties, reservations expressed in the name of religion are in fact dictated by the culture or custom of the countries concerned. What is more distressing for human rights activists, abolitionist groups and promoters of humanitarian laws in Pakistan is the authorities' aversion to any scrutiny of the rationale for their love of the death penalty regime. What one hears of references to the death penalty during the Universal Periodic Review or at talks with the European Union on the GSP+ status is not the result of any serious deliberation. Indeed, one doubts if any discussion on the subject has ever taken place in Pakistan. That there is an urgent need for such a discussion can easily be established. The recent cases in which the Supreme Court acquitted two individuals who had already been executed, or ordered the release of persons who had spent long years on death row, have strengthened the call for abolition of the death penalty on the ground of high risk of miscarriage of justice. A number of other issues that have surfaced over the past many years also need to be addressed. These are: -- The view that the death sentence is not a deterrent to crime has not been challenged nor has the view that hangings brutalise society. -- The Qisas law has prevented the president from pardoning death convicts or commuting their sentence although his power to do so under Article 45 of the Constitution remains intact. How does one explain the fact that the army chief can pardon a person awarded the death sentence by a military court while the president cannot do
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Jan. 5 IRANexecutions 7 Executions to Begin 2017 Unable to reign in its political and economic crises, and concerned over possible nationwide uprisings, the inhumane mullahs' regime in Iran has resorted to sending 7 prisoners to the gallows in the first days of 2017. These executions were carried out in the prisons of Karaj (west of Tehran) and Ghazvin (northwest Iran). Karaj Central Prison was the scene of 4 inmates hanged on Tuesday, January 3. 3 prisoners aged 30, 34 and 36 were also hanged in Ghazvin Prison on January 2 and 3. Another inmate, aged 33, was transferred to Sepidar Prison in the city of Ahvaz in preparation for his execution. Mohammad Javad Larijani, secretary of Iran's so-called "Human Rights Department," is known to theorize torture and executions in Iran through schemes such as "decreasing and replacing death sentences" meant to deceive Western countries. However, Larijani has once again emphasized on "firm and heavy punishments for drug-related charges." (source: NCR-Iran) MALAYSIA: Federal Court reinstates death penalty on religious teacher for murder of pupil An Islamic religious teacher has to face the death penalty as the Federal Court reinstated his conviction for the murder of a 7-year-old pupil, more than 5 years ago. Hanif Mohamad Ali, 32, was sentenced to 20 years jail by the Court of Appeal in March last year after that court set aside his murder conviction and death sentence and instead convicted him on a reduced charge of committing culpable homicide not amounting to murder. A 5-man bench of the Federal Court led by Federal Court judge Tan Sri Suriyadi Halim Omar today allowed the prosecution's appeal to reverse the appellate court's decision. It (the court) restored the Perlis High Court decision which found Hanif, who was then a hostel warden at a religious primary school, guilty of murdering Saiful Syazani Saiful Sopfidee, a Year One student, at Asrama Putra, Sekolah Rendah Islam Al-Furqan, Arau, Perlis between 6pm and midnight on March 31, 2011. Meanwhile, the panel also dismissed Hanif's appeal against the jail term. The other judges on the panel were Justices Tan Sri Abu Samah Nordin, Tan Sri Ramly Ali, Tan Sri Zaharah Ibrahim and Tan Sri Jeffrey Tan Kok Wha. Hanif, in green-coloured prison clothes, looked composed when the court announced the verdict. After the court stood down its proceedings, Hanif was seen embracing his family members including his mother, who was in tears. According to the facts of the case, the boy had been made to stand with his hands bound upright to an iron bar and that he was hit on the head and slapped for allegedly stealing money. Deputy Public Prosecutor Wan Shaharuddin Wan Ladin submitted that the pathologist's evidence revealed that the boy was strangled for 4 minutes and considering that he (the boy) was tied and beaten, it showed that Hanif had intention to cause injury to him which led to his death. Hanif's lawyer Ariff Azami Hussein argued that was no misdirection by the Court of Appeal when it reduced the charge against his client. The Perlis High Court had initially amended Hanif's charge from murder to committing culpable homicide not amounting to murder at the end of the prosecution's case. Hanif subsequently pleaded guilty to the amended charge and was sentenced to 18 years' jail. The prosecution then appealed to the Court of Appeal which ordered Hanif to enter his defence on the murder charge at the High Court. At the end of the defence's case, Hanif was found guilty of murder and sentenced to death by the High Court. (source: themalaymailonline.com) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Jan. 4 TUNISIA: Tunisia sentences man to death for murder and rape of infant An Army Corporal accused of murdering a four-year-old child has been sentenced to death by firearm, the lawyer of the victim's family confirmed. "The Permanent Military Court of Tunis, on Tuesday, pronounced the death penalty by firearm against the killer of child Yassine Aouachri," Zoubeir Yahyaoui added in a statement to Tunisian Agence Presse. The defendant has the right to appeal against the ruling. Capital punishment can only take place when it is validated by the President of the Republic. The last time capital punishment was used in Tunisia was in 1991. Mohamed Amine Yahyaoui, 25, was charged with misappropriation of a minor, using violence that resulted in the death, rape, sequestration and maltreatment of a juvenile with premeditation. The 4-year-old child, who was abducted on 17 May 2016 in front of a primary school in the Mellassine neighbourhood, was found murdered the same day in an abandoned house in Cite Hellal. Yahyaoui had made 4 attempts to kidnap a child before capturing Yassine. (source: Middle East Monitor) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Jan. 4 KUWAIT: Death penalty sought in bid to cut murders in the family - Drugs, broken families cause of rise in domestic crimes There has been a recent increase in the rate of domestic crimes in the country, which are uncommon in the Kuwaiti society, such as parents killing their child and putting the corpse inside a deep freezer or a child killing his parent and sibling, and many such incidents. These incidents necessitate urgent well-studied responses for curbing such a phenomenon that threaten the family entity as well as social stability. In an investigative report, experts affirmed that the spread of crimes and violence in Kuwait is attributed to the ease in acquiring weapons, lack of religious principles and family disintegration, in addition to widespread use of narcotics and lack of respect for the law. They stressed the importance of intensifying awareness campaigns inside schools for children as well as for parents on proper upbringing of children, and initiating fierce war against drugs, which have been attributed to many of these crimes. Citizens who participated in this report called for imposing tough penalties on criminals in order to reduce the rate of domestic crimes, insisting that capital punishment should be given to those who kill their parents, siblings and even friends. They said responsible parents should be aware of the risks involved in the presence of weapons inside homes, stressing that proper and secure storage for such weapons should be ensured. They insisted that law enforcers should ensure reverence of the law is maintained in order to deter crimes. In this regard, a professor of Psychology at Kuwait University Dr. Khodar Al-Baroun said the increase in the rate of domestic crimes in the society is due to high level of family disintegration, which is usually caused by high divorce rate, and growing use of narcotics. Meanwhile, Lawyer Hamdan Al-Namshan stressed that domestic crimes in Kuwait have increased, which could be attributed to lack of family atmosphere compared to the past, as well as congestion of family members who live under the same roof. He insisted that a proper housing welfare solution might reduce the number of domestic crimes in a significant manner due to the fact that it will reduce the number of family disputes that erupt among the members of a huge family who live under the same roof. Furthermore, a Muslim preacher Saleh Al-Ghanim affirmed that the penalty imposed on those who kill intentionally is to be killed in retribution. He stressed that domestic crimes are considered worse than other crimes due to the family ties, adding that implementation of Sharia law is the right solution due to its strictness in dealing with such crimes. (source: Arab Times) SAUDI ARABIA: Saudis to Behead 23-Year-Old Disabled Man for Protesting Government The Sunni kingdom of Saudi Arabia, a member of the United Nations Human Rights Council, is expected to decapitate a disabled 23-year-old man who was sentenced to death for participating in anti-government protests in the predominantly Shiite eastern part of the country. Munir al-Adam is awaiting his execution after being sentenced for "attacks on police," among other crimes, which prosecutors claim he partook in during a series of protests in 2011, reports the Independent. Adam, who is appealing his sentence, was reportedly arrested in February 2012 when he was 18 years old and accused of taking part in protests in his Shiite-majority hometown of Qatif the previous year. "There are regular protests in the [Qatif] area against the Saudi government," notes the Independent. "The 23-year-old is partially blind and was already partially deaf at the time of arrest; he alleges he is now completely deaf in 1 ear as a result of being severely beaten by police," it adds. In a statement, his family rejects the verdict and claims Adam was tortured into confessing to the alleged crimes, reports the Times. The Independent cites Adam as indicating that "he had only signed a document admitting the offenses after being repeatedly beaten." Adam reportedly noted that the had been accused of "sending texts" when he was too poor to own a cell phone. "Munir Adam's appalling case illustrates how the Saudi authorities are all too happy to subject the most vulnerable people to the swordsman's blade," declared Maya Foa, of human rights organization Reprieve. "Saudi Arabia???s close allies, including the UK, must urge the kingdom to release Munir, along with juveniles and others who were sentenced to death for protesting." As of mid-October, Saudi Arabia had executed 134 people this year, most of them by public beheading, according to a tally by Agence France-Presse (AFP) and Human Rights Watch. "Most people executed in Saudi Arabia are convicted for murder and drug trafficking, although nearly 50 people convicted of terrorism offences were
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Jan. 3 JAPAN: Death Penalty Movie Week to be held at Tokyo theater The annual Death Penalty Movie Week will be held at a Tokyo theater in February, with 8 films from home and abroad providing viewers with an opportunity to think about the "right to life." The event will take place as pro- and anti-death penalty groups have been facing off at symposiums and on other occasions since the Japan Federation of Bar Associations declared in October it would work for the abolition of capital punishment by 2020. The 8 films to be screened include 2005 German movie "Sophie Scholl -- The Final Days," which depicts the anti-Nazi struggle of a student who was executed, and "Freedom Moon," produced in Japan in 2016, that recounts the life of death row inmate Iwao Hakamada. Hakamada, convicted of a 1966 quadruple murder, was released in 2014 after a court decided to reopen the case, but he still remains on death row as prosecutors have appealed the ruling. The film shows how his mental state has deteriorated due to decades-long solitary confinement and the endless fear of execution. South Korean popular movie "Miracle in Cell No. 7," produced in 2013, will also be screened during the sixth event. "Murder victims are deprived of their lives unjustifiably, but offenders are also robbed of their 'right to live' under capital punishment," said Masakuni Ota, one of the event organizers. "People seem to accept such circumstances without question, at a time when exclusion and intolerance are prevalent around the world." During the event from Feb. 18 to 24 at the Eurospace movie theater in Tokyo's Shibuya district, 4 movies will be shown each day, accompanied by sessions with guest speakers. The scheduled speakers include actress Kirin Kiki, who played the mother of a death row inmate in a movie based on a true story, and pop singer Tsuyoshi Ujiki, whose father was convicted of war crimes after World War II. "We welcome both those seeking abolition of the death penalty and those who support or accept capital punishment" so the issue is discussed from various viewpoints, Ota said. The previous 5 Death Penalty Movie Week events attracted a total of around 6,000 viewers. In the 4 years since Prime Minister Shinzo Abe returned to power, 17 inmates have been hanged, with a government survey showing over 80 % of people in Japan support the death penalty. On the other hand, Tokyo was urged by the U.N. Human Rights Committee in 2014 to "give due consideration to the abolition of the death penalty." Currently, more than 2/3 of nations have abolished the death penalty by law or in practice. For further information on the screenings, call Eurospace at 03-3461-0211 or check its website at http://www.eurospace.co.jp/ (source: The Mainichi) NIGERIA: LEDAP condemns execution of prisoners in Edo, seeks repeal of death penalty Legal Defence and Assistance Project (LEDAP) has condemned the killing on December 23, 2016 of 3 death row prisoners in Benin City prison. As a result, LEDAP has called on the Nigerian government to stop all death penalty executions forthwith. It urged the National Assembly and State Houses of Assembly to amend the Criminal Code and Penal Code as well as the Robbery and Firearms (Special Provisions) Act to remove death sentence as punishment for crimes and replace it with life imprisonment or term of years sentence. The prisoners were reportedly executed on account of death warrants signed by Edo State Governor, Mr. Godwin Obaseki. Those executed were Ogbomoro Omoregie, Apostle Igene and Mark Omosowhota. They were all convicted and sentenced to death nearly 20 years ago by military tribunals under the Robbery and Firearms (Special Provisions) Decree as amended, LEDAP said. According to a statement by the National Coordinator of LEDAP, Chino Obiagwu, the executed prisoners had earlier petitioned the governor, protesting their proposed execution. "In an earlier petition submitted to the Governor by the executed prisoners on December 21, 2016 through LEDAP, protesting the plan for their execution, the prisoners had pleaded with the Governor to shelve the planned execution because there is a pending case at the Court of Appeal brought by all death row prisoners in Nigeria against their execution. This appeal has not been decided and it was therefore, illegal to carry out the executions," he said. LEDAP, he said, is appalled that the earliest social duty of Governor Obaseki upon assumption of office was the execution of his citizen on death row. "We reiterate that all prisoners, including those sentenced to death, retain all the fundamental rights endowed on all citizens by the 1999 Constitution. This was re-amphasized by the Court of Appeal in the case of Peter Nemi v Attorney General of Lagos State in 1994. "The Supreme Court of Nigeria also held in Nasir Bello v Attorney-General of Oyo State that a prisoner
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Jan. 2 KUWAIT: Kuwait sentences parents to death for killing toddlerKuwait's interior ministry says the parents were drug addicts A court in Kuwait on Monday, January 2, sentenced a couple to death after finding them guilty of torturing their 3-year-old daughter until she died, it said in a statement. The parents, both Kuwaitis, were arrested in May and accused of beating and torturing the girl until she died and then keeping her body in a freezer for a week. The court statement only gave the verdict but, according to media reports at the time of their arrest, they had been annoyed by their daughter's constant crying. The father, 26-year-old Salem Buhan, and mother, 23-year-old Amira Hussein, were charged with murder after police found burn marks on the shoulders and legs of the toddler's body, according to the interior ministry. The ministry also said they were drug addicts. The verdict is not final as it must be reviewed by the appeals and supreme courts. Executions in Kuwait are carried out by hanging. Barring the execution of 5 men in mid-2013, the Gulf emirate has stopped executing people since 2007 although dozens of men and women are on death row. (source: rappler.com) PHILIPPINES: Death penalty is no guarantee of a crime-free Philippines (This column gives way to the following article on the now-raging issue of the re-imposition of the death penalty written by Dr. Ricardo S.D. Ledesma, an active Church leader and a Papal Awardee, "Pro-Ecclesia et Pontificie." A physician, he was former president of the of the Laity of Manila. He sent the article to this columnist with his request that it be considered for publication.) During these stressful times, our country is enveloped with more shadows than light, more darkness of fear, doubts, hopelessness, and anxiety with the rising cases of extrajudicial killings, drug addictions, and acts of terrorism. People are living in darkness. There is an impending crisis in our country... crisis of FAITH and a crisis of HOPE. As the year 2016 draws to a close, we are reminded of the wonderful script of CHRISTMAS, intensely preparing for the joyous coming of JESUS, our Savior and Redeemer. Recent available surveys showed that many Filipinos are getting discouraged by the sad state of the nation with more than 6,000 lives reportedly lost to unresolved extrajudicial killings (EJKs) being linked to war on illegal drugs. Daily print, broadsheets, and TV channels show gruesome photographs of corpses covered by cardboards with print messages, "I am a fixer," "I am a pusher." "Do not emulate me." The story of Christmas although ancient is always made new - "how God became flesh and lived among us, to be like us in all things but sin... to be "Emmanuel" reminding men and women that God is with us at all times. Our welcoming Jesus this Christmas is to highlight that Jesus is the "Unconquered Son of Justice" who come to dispel the darkness of the world held captive by sin and ignorance. His coming tells us that He made Himself human to be one of us, to bring His love to all of us, especially the poor, the orphan, sick, disabled, and the oppressed. For the past 6 months, people have been seriously bothered by a growing concern on the government's brutal war on drugs, and lately the urgent priority to pass the death penalty by the Committee on Justice in the House of Representatives. Our celebration of Christmas is a celebration of LIFE and a celebration of Hope. Jesus Christ came to liberate human beings from the clutches of sin and death. The first purple candle lighted on the First Sunday of Advent signified that JESUS is the light of the world. Revival of the death penalty is not a solution to the mounting crimes of drugs and criminality. There are no scientific or reliable statistical grounds that the death penalty has a significant deterrent effect on rising heinous crimes. On the contrary, death penalty has produced more collateral negative damage such as it does not discourage criminals from recommitting the same crimes but it encourages a cycle of revenge from relatives or friends, and creates more suffering to families of victims. Let us be reminded of the message of Pope Francis, a Call to Mercy, "to open our hearts to the mercy of God and to treat one another with love. Let us enable the power of God's love to transform our lives" (Urbi et Orbi). The Extraordinary Jubilee Year of Mercy may have closed this year but Pope Francis in his apostolic letter "Missericordia et Misera" emphasized the "work of mercy must continue." The Catholic Church is absolutely opposed to the death penalty in any form or circumstances. It is immoral and violates the right of LIFE. Only God can fill such shadows of rising unresolved EJKs. The bigger attendance of devotees during the 9-day "Simbang Gabi" showed to their strong faith that the Church and God are their final refuge.
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Jan. 1 IRELAND: 30 years ago most Irish people wanted garda killers to be executedThe death penalty wasn't abolished in Ireland until 1990. Back in the mid-1980s, a debate was underway around the death penalty, sparked by international pressure to abolish the outdated and no longer used punishment. The debate was framed by 2 particularly high-profile murders at the time - that of detective garda Frank Hand outside a post office in Drumree, Co Meath, and garda sergeant Patrick Morrissey, who's convicted killer was spared the gallows in favour of a 40-year sentence in April 1986. Despite the last Irish state execution being over 30 years before, new papers released under the 30-year rule by the National Archives show that "60% of the Irish adult population [were] in favour of hanging those who murder a member of the garda???". The poll, published in the Irish Independent, said that this reflected the public's belief that there should be a "strong deterrent against a member of the force being murdered". The murder of a garda, prison officer or 'diplomat' was punishable by execution up until 1990 in Ireland - although the last execution was in 1954, when the death penalty was handed down for all convicted murderers. Capital punishment was swapped for a life sentence, approved by the President, in the intervening years. It was a political hotpoint at the time, with politicians fearing the decision to abolish the death penalty would damage their reputation among security personnel. But the government were also coming under increasing pressure from human rights group Amnesty International to abolish executions. A number of members of Amnesty International wrote to various politicians pleading with them to support a change of law, as the death penalty "is a violation of the right to life". The poll also showed that there was a "popular belief" that it should be kept for the killings of judges and prison officers. A separate newspaper article shows that prison officers wanted to keep the death penalty for similar reasons. PJ McEvoy, general secretary of the Prison Officers' Association at the time is quoted as saying that prison officers were concerned that convicted killers would feel they had "little to lose by murdering a prison officer", and was hesitant to accept a 40-year sentence as an adequate replacement. Currently, Ireland's lifetime sentence is a maximum of 14 years in prison. A garda representative at the time said that if capital punishment was abolished, then gardai would have to be armed - turning them into "summary executioners". A newspaper article from the Irish Independent quotes the general secretary of the Association of Garda Sergeants and Inspectors Derek Nally as saying there would be more "summary executions" by garda??? than "judicial" executions under the capital punishment system. ** Ireland's death penalty was a 'quaint throwback' but not everyone wanted to get rid of it 30 years ago, there were some political considerations. 15 years before the death penalty was abolished by the Irish people in a referendum, the country was coming under increased international pressure to end the practice. Despite this, there was division within official circles about whether doing anything could be politically risky. Details of these discussions have been revealed in newly released files from the Department of Foreign Affairs. A briefing note from a civil servant to the then-First Secretary outlined these concerns even though, as it points out, Ireland didn't even have an executioner to carry out such punishments. The briefing note reads: The death penalty in this country is largely a quaint throwback to the days when everyone else had one. As we no longer have a hangman, and almost the only country in the world in a position to train one is South Africa. There is no immediate prospect of execution in this jurisdiction. That being said, the abolition of the death penalty would represent a strong political minus in the eyes of certain right-wing groupings, including the gardai, the RUC and the DUP. While the step would be practically meaningless, it could be used in a politically damaging way. "I imagine the moral dimension interests you not a whit," the note adds. Ireland carried out its last execution in 1954 and by 1986 the sentence was only available for a number of serious offences including treason and the murder of gardai. In the intervening period the sentence was commuted to life imprisonment by the President. Then-Senator and current Minister Shane Ross introduced a private member's motion seeking to abolish in 1984 but that bill stalled during Garret FitzGerald's administration. Lobbying from human rights organisations sought to bring Ireland into line with many other European countries and correspondence sent to TDs from members of Amnesty
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Dec. 31 PHILIPPINES: A moral, ethical issue for our people In the ongoing discussion on the death penalty, which President Duterte wants to return so as to strengthen the rule of law, it is useful to note that the world - and the Philippines with it - has long debated this issue in the United Nations. In 1966, the UN General Assembly, of which the Philippines is a founding member, adopted the International Covenant on Civil and Political Rights (ICCPR) which, together with the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights, make up what is known as the International Bill of Human Rights. The Philippines signed the ICCPR on December 19, 1966, and ratified it on October 23, 1986. In 1989, the General Assembly adopted the Second Protocol on Civil and Political Rights, calling on all states to abolish the death penalty. The Protocol was a treaty signed by 83 states, including the Philippines. The Philippines signed the Protocol on September 20, 2006, and ratified it on September 20, 2007. In between these 2 international agreements, the Philippines became the 1st Asian country to abolish the death penalty when the nation ratified the Constitution in 1987, but Congress could reimpose it should the need arise. In 1993, such a law was passed to address the rising criminality in the country. 7 convicts were executed in 1999, followed by a moratorium in observance of the Catholic Church's "Jubilee Year." In 2003, 2 men were about to be executed when new evidence came up that exonerated the 2. All the while, the Commission on Human Rights vehemently opposed efforts to reimpose the death penalty. It said it was not convinced that the death penalty is the answer to rising criminality. The proper response, it said, lies in effective law enforcement, quick and impartial delivery of justice, and a responsive penal system. "To mete out to criminals the very final and irrevocable and inhuman verdict of death is tantamount to punishing them for the failure of the system," it declared. Today we are again in the middle of debate on the death penalty. Right after he won the presidential election last May, President Duterte said he wanted Congress to restore the death penalty - by hanging - for convicts involved in illegal drugs, gun-for-hire syndicates, and for those who commit "heinous crimes" like rapists and robbers who kill their victims. We are also in the middle of a nationwide anti-drug campaign in which thousands have already been killed, many allegedly for resisting arrest - moving some to ask if there is still need for a death penalty to discourage criminals. The critical debate on this issue will soon be taking place in the halls of Congress. Along with all the legal arguments and all the Philippines' commitments to the international community, the Church has also weighed in against the ancient system of "a tooth for a tooth, a life for a life." More than a legal issue, it will be a moral and ethical one which will determine what we really are as a people. (source: Editorial; tempo.com.ph) INDIA: Sessions court awards death penalty to 2, lifer to 1 accused Justice D P Mishra, Third Additional Sessions Judge, awarded death penalty to 2 and lifetime imprisonment to an accused in case of abduction and murder of a minor boy. According to Gorakhpur police, on March 27, 2013, appellant Rajvanti Kaur (46), wife of Darbara Singh Pal, a resident of Polipathar, filed a complaint that her son named Ajit Pal alias Bobby (15) was missing on March 26, 2013. Acting on the complaint, police registered a case of missing person. On March 28, maternal uncle of missing boy named Mitthu alias Amarjeet Singh (50), son of Pal Singh Sardar, resident of Narmada Nagar, Polipathar, received a threatening call from an unidentified person that he had abducted Ajit Pal and demanded ransom of Rs 50 lakh otherwise he will kill the boy. Gorakhpur police filed a complaint under Section 365 and 64(A) of the IPC and started search for the abductor. On the basis of mobile number, separate police teams started investigations into the case and succeeded in apprehending the accused named Rajesh alias Rakesh Yadav (18), son of Omprakash Yadav, a resident of Narmada Nagar, Gwarighat. During interrogation, the accused confessed to have killed the abducted boy Ajit Pal and disclosed names of 2 accomplices. Police started a search and succeeded in nabbing two more accused named Raja Yadav (35), son of Buletan Yadav, a resident of Narmada Nagar and Omprakash Yadav (50), son of Buletan Yadav, resident of Narmada Nagar and presented them before the court. The accused were apprehended with active working of police team led by Case In-charge and the then SHO of Gorakhpur police station R S Parmar, currently posted as SDOP, Bina in Sagar district, while Anil Tiwari, Additional Public Prosecutor, Jabalpur,
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Dec. 17 PHILIPPINES: Senate minority bloc to oppose death penalty bills The Senate minority bloc composed of 3 senators will oppose legislative proposals seeking to restore capital punishment, Minority Leader Ralph Recto said. The minority bloc is composed of Recto, and Senators Antonio Trillanes IV and Francis "Chiz" Escudero. Recto said the approval of the death penalty bills in the Senate "will be difficult" but he is keeping an open mind about the proposals. "Fundamentally, I'm against the death penalty" Recto said. There are at least 7 bills pending before the Senate justice and human rights committee seeking to reimpose the death penalty. 3 of the 7 bills were filed by Senator Manny Pacquiao, a close ally of President Rodrigo Duterte. Senator Richard Gordon, chairman of the panel, had said that he is against the death penalty. Liberal Party (LP) senators will also oppose death penalty proposals, Senate President Pro Tempore Franklin Drilon earlier said. Aside from Drilon, the LP senators are Paolo Benigno "Bam" Aquino IV, Francis "Kiko" Pangilinan, Ralph Recto, and Leila de Lima. Senator Risa Hontiveros of the Akbayan Party meanwhile is a close ally of the party. The House versions of the death penalty bills have already hurdled the committee level. Majority Leader Rodolfo Farinas claimed that 50 % of the "supermajority" supported the measure, while only 15 % opposed it and 35 % were undecided. (source: gmanetwork.com) IRANexecutions 6 Prisoners Hanged For Drug Charges 6 prisoners were executed for drug charges in Karaj (west of Tehran) Thursday morning Dcember 15. According to Iran Human Rights (IHR) sources, 5 of the prisoners were hanged in the Central Prison of Karaj. The prisoners are identified as Behzad Lazemi, Mostafa Gholami, Fardin Sabzi, Mehdi Kaeni and Saeed Faramarzi from the sections 4, 5, 2, 3 and 3 respectively. On Wednesday IHR reported about the transfer of 4 of these prisoners for execution. The website of the Human Rights Activists News Agency (HRANA) reported about the execution of one prisoner on Wednesday December 14. The prisoner who was identified as Mohammad Hossein Beheshti was charged with possession of drugs. A source close to Mohammad Hossein said that besides being sentenced to death for drug offences, he had also been held in Rajaishahr prison for 23 years charged with murder. But the execution was for his drug charges. Drug related executions continue in Iran despite the fact that the Iranian Parliament recently passed a law with the aim of limiting the use of the death penalty for drug charges. The law has to be approved by the Guardian Council and it is not clear whether t will actually lead to a reduction in the number f drug related executions. Prisoner Executed on Drug Charges A prisoner sentenced to death on drug related charges was reportedly executed at Bandar Abbas Central Prison (Hormozgan province, southern Iran) on Thursday December 15, according to close sources. Close sources identify the prisoner as 39-year-old Behzad Salimkord. About 4 years ago, Mr. Salimkord was sentenced to death by branch 2 of the Revolutionary Court in Bandar Abbas for the charge of possessing and trafficking 2 kilograms of crystal meth and 250 grams of opium. Mr. Salimkord was reportedly transferred to solitary confinement 2 days ago in preparation for his execution, and was permitted a visit with his wife and 2 young children. "Behzad worked in a brick factory for 11 years to pay off the house we lived in. He eventually lost his job and we weren't able to pay for the house for 3 months, so he went to Bandar Abbas to find work. Behzad said that the drugs he was charged for weren't his. Behzad didn't even smoke cigarettes. He hated drugs. Nonetheless, they executed him on drug charges," says a relative of Mr. Salimkord. Iranian official sources, including the media and Judiciary, have been silent on Behzad Salimkord's execution. Iran Human Rights (IHR) has received reports from local sources about the execution of two other prisoners at Bandar Abbas Central Prison this week. However, IHR has not been able to confirm these reports at this time. Secret executions for drug related charges continue in Iran even though the Iranian Parliament recently passed a law to want to limit the use of the death penalty for drug charges. The law has to be approved by Iran's Guardian Council, and it is not clear whether it will actually lead to a reduction in the number of drug related executions. Additionally, members of parliament recently wrote a letter to the head of the Judiciary calling for the execution of about 5,000 prisoners sentenced to death on drug related charges to be quashed pending investigation into their charges. (source for both: Iran Human Rights) EGYPTexecution Egypt Executes Habara Amid Vengeance Threats Egyptian authorities
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Dec. 12 TRINIDAD & TOBAGO: T Priest urges reinstatement of death penalty Disgusted by the daily bloodshed and lawlessness sweeping the country, Roman Catholic priest Father Ian Taylor is calling for the death penalty to be swiftly reinstated. In delivering the sermon during Mass on Saturday night at the St Charles RC Church in Tunapuna, Taylor said the country may never come to terms with last week's killing of bank employee Shannon Banfield. Saying that the "country was in a state," Taylor demanded that Banfield's killers from "top to bottom" face the hangman within the soonest possible time, as he prayed for justice to be delivered to the young woman's family. "Don't think that criminals are sorry. These men have become hardened criminals. We should feel sorry for the victims and you should be sorry for the victims' families," he told the congregation. "If you take someone's life then you will pay the penalty of your life." He explained that this was the right of the State, which the Roman Catholic Church had previously asked the State not to carry out in a show of mercy to criminals. However, said while he himself would like to see the death penalty reinstated due to the current level of lawlessness, the Church cannot demand that the State hang criminals. "If the State needs the death penalty to protect its citizenry then let it (State) do so and let it exercise it knowing that God has given the State the right to take life if you murder," Taylor said. "We need to pray that the laws in this country are implemented and let it be done so that criminals will take heed. The country has gone lawless and people need to be punished for breaking the laws and that includes people in high places because they are the real criminals. Corrupt men must be brought to justice." Banfield, 20 of Mc Carthy Street, Cantaro Village, Santa Cruz, was last seen leaving her work place - RBL's Independence Square branch - around 4 pm last Monday. She had told her mother, Sherry-Ann Lopez, via phone she was leaving work to purchase items at IAM and company. Her decomposing body was found last Thursday in a storeroom of the 3rd floor of the building located at Charlotte Street, Port-of-Spain. Taylor said criminals had become so brazen that they were unafraid of the police and of being locked up, adding that jail had become "a nice thing where there were cellphones and even a flat screen TV." The priest also lambasted the Police Service for its poor response when his own church was recently robbed. He said he had given the police footage from CCTV cameras showing a man pretending to be a member of the congregation before stealing the offering and calmly walking out of the church. "After I put everything on a flash drive and give it to the police, the policeman turn and ask me, 'Well father, what you want to do?' Imagine that. I should have told him show me where the man is so I could run after him myself," Taylor said. He called for prayers to be offered up to the Police Service, which he said desperately needed to weed out its rogue cops. On the case where a murder accused was allowed to conduct business at a bank unsupervised by police, Taylor said, "That is how we operating now. Somebody smoking something." He called on the congregation and the wider community to join forces to combat the crime scourge, firstly by taking communities back from criminal elements. He said discussions were being held to have activities within the parish so that peace could be restored. Taylor's sermon was not the only case in which citizens showed their disgust over Banfield and other people's murders over the weekend. There were 2 public events in memory of Banfield yesterday in Port-of-Spain, while the families of those murdered over the weekend also spoke openly about the crime scourge and the police and Government's inability to get a handle on it. Asked after the Mass whether the death penalty would be a deterrent, Taylor said no one, not even criminals, wanted to die, adding, however, that the death penalty must be exercised frequently. He said personally he did not hold the position that the death penalty should be abolished. "Secondly, it must be a form of retribution. There must be a form of punishment to suit the crime. When you commit murder the penalty is your life and that is what the scripture says," he said. "And the State also has the duty to protect its citizens, because when a person's life is gone they cannot repeat crimes but when a person gets 15 years and they come out they can repeat what has happened." On whether he was worried there may backlash regarding his statements, Taylor said, "I think for myself." (source: Trinidad Guardian) TANZANIA: Geita Resident Escapes Death Penalty Procedural irregularities have saved a resident of Geita Region, Sabasaba Enosi, from being hanged to death for allegedly killing 2 family
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Dec. 11 QATAR: India pursues case of 2 Tamil men on death row in Qatar 2 men from Tamil Nadu continue to be on death row in Qatar for allegedly murdering an elderly woman and India is continuing with its diplomatic efforts to get the "harsh" sentence commuted. The Ministry of External Affairs (MEA) is closely monitoring the situation and hope there would be some reprieve for the Tamil men when the case come up for hearing in January next year. "Subramanian Alagappa and Chelladurai Perumal continue to remain on death row and the 3rd convict Sivakumar Arasan, his case was reviewed by the court and his death sentence was commuted to life imprisonment," the MEA Spokesperson Vikas Swarup said. "We have filed case with respect of all 3, because we believe that the penalty is too harsh. We understand that the next hearing is on January 2, 2017. Our embassy in Qatar continues to closely monitored this case in association with the lawyer who has been appointed for all the 3 accused," he added. 45 year old Perumal is a construction labourer from Virudhunagar district of Tamil Nadu. He has left for Qatar in 2011 and within 3 months he was accused of killing an elderly woman. Along with him Alagappa Subramaniam from Pudukottai district were handed the death sentence on May 30 this year whereas Sivakumar Arasan from Salem was given life imprisonment. The trio has been in the prison for the 5 years. An advocate Suresh Kumar came to the aid of the convicts after reading about them in a newspaper and went to Qatar to meet them. He along with Perumal's wife has asked the Indian Government to intervene. (soruce: The New Indian Express) INDONESIA: Issue of Indian facing death sentence in Indonesia to be raised during Prez visit The fate of an Indian facing death sentence in Indonesia will be discussed during Indonesian President Joko Widodo India visit beginning Monday. However, the Indonesian government has indicated that any change in his sentence is unlikely. The Indian national, Gurdip Singh, has been facing threat of firing squad in Indonesia. After frantic diplomatic efforts from India his death sentence was postponed in July. But the only hope for the 48-year-old is winning a presidential clemency. Singh was convicted for carrying 300 gms of Heroin. Before embarking on his state visit to India President Widodo has contended that the capital punishment given to convicts is based on the serious nature of their crimes and not on nationality. "My duty as President is to uphold the law and Indonesia's sovereignty. This will be applied in all cases, including those involving capital punishment." Asked specifically if he would pardon Singh on death row, President Widodo said: "The death penalty is imposed only on individuals who have carried out serious crimes, and is not based on nationality." Widodo will be coming on 2 day state visit to India, his first after assuming power in 2014, on December 12. He will be coming with a big delegation and would be meeting Prime Minister Narendra Modi. India has been trying to impress upon the Indonesian leadership to exhaust all legal recourses before the death penalty was carried out. Singh was arrested in 2004 from Indonesian Soekarno Hatta Airport and he was awarded death sentence in 2005 by Tangerang Court for carrying the contraband. Singh's appeal challenging the death penalty was turned down by the High court of Banten and the Supreme Court. Indonesia resumed executions in 2013, ending a 4-year unofficial moratorium on the death penalty. In the face of strong international criticism, Indonesia has defended the use of capital punishment, arguing the country is facing a drug emergency. Presently 1.2 million people in Indonesia are estimated to be addicted to drugs and about 4.5 million are undergoing rehabilitation. (source: The News Indian Express) EUROPEAN UNION/JAMAICA: EU not linking aid to gay rights, death penalty While making it clear that Europe would prefer if Jamaica expands gay rights and abolish the death penalty, the European Union's (EU) new representative in Kingston insists that these would not be conditions for the island to continue to receive EU economic aid. " ... There is no conditionality," Malgorzata Wasilewska, the head of the EU Delegation in Jamaica, said in an exclusive interview with The Sunday Gleaner. "It never has been, and it never will be," said Wasilewska in response to questions if the EU would demand movements from Jamaica in line with the trends in Europe. "But if in the course of our cooperation any of our values are not respected - for example, if we implement a project and during the project, there is a clear violation of human rights in the implementation - of course, we would raise that and have a conversation about it," added Wasilewska. Over the past 40 years, the EU has provided Jamaica with official development assistance
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Dec. 10 SINGAPORE: Something's not right when courts call defending poor, weak and marginalised an abuse of process in capital case In referring to The Straits Times article 'Stopping abuse of court process', which explained how Singapore's top court is trying to deal with last-minute applications from death-row convicts who try to escape the gallows, lawyer Eugene Thuraisingam said "something's not right when our courts call defending the poor, weak and marginalised, an abuse of process in a capital case merely because a serious point of law, involving a new piece of legislation, could (in their view) have been argued earlier." Last week, the Court of Appeal comprising Chief Justice Sundaresh Menon and Judges of Appeal Chao Hick Tin and Andrew Phang pointed out that the recent applications before it involving capital drug offenders failed to satisfy the necessary requirements under Section 33B of the Misuse of Drugs Act. The court now requires lawyers who file such last-minute applications to explain why they could not raise the arguments during earlier appeals. Writing in his Facebook about the notice from the Court, Mr Thuraisingam said: "this provision flies in the face of established common law that the executive cannot decide the punishment in each individual offenders' case. It is for the judiciary to do so. This is called separation of powers, which is trite in any democracy. This section violates that rule." Just in case you are not able to read the post, this is what Mr Thuraisingam said. -- Section 33B of the Misuse of drugs Act is a new section which came into force in 2013. It allows for the Public Prosecutor (the executive) to decide in an individual's case, whether the individual lives or dies. This provision flies in the face of established common law that the executive cannot decide the punishment in each individual offenders' case. It is for the judiciary to do so. This is called separation of powers, which is trite in any democracy. This section violates that rule. Being a new section, it takes time for lawyers to come to terms with the section and formulate serious arguments. Unfortunately, our Courts have held that notwithstanding the fact that four men faced the ultimate penalty for being innocent couriers, it is an abuse of process and a waste of judicial time to bring what is at the very least a controversial law for clarification before them, simply because it had already been in existence for 2 years, and could have been argued earlier. Something is not right when our courts call defending the poor, weak and marginalised, an abuse of process in a capital case merely because a serious point of law, involving a new piece of legislation, could (in their view) have been argued earlier. (source: The Independent) PHILIPPINES: UN warns: PH will violate pact if it restores death penalty The United Nations (UN) High Commissioner for Human Rights warned the Philippines that it will violate an international agreement if its government allowed the reimposition of death penalty in the country. Early this week, the death penalty bill hurdled the committee level in the House of Representatives. In an open letter addressed to Senate President Aquilino "Koko" Pimentel III and House of Representatives Speaker Pantaleon Alvarez, UN Commissioner Zeid Ra'ad Al Hussein expressed his concerns over the pending measure to restore capital punishment in the Philippines. "The Philippines would violate its obligations under international human rights law if it reintroduced the death penalty, I appeal to you and all members of Congress to uphold the international human rights obligations of the Philippines and maintain the abolition of the death penalty," Al Hussein said in his letter. Al Hussein also reminded the Philippines that it has signed the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) in 2007, which "guarantees that no one can be executed within its jurisdiction." "International law does not permit a State that has ratified or acceded to the Second Optional Protocol to denounce it or withdraw from it," he added. At the same time, Al Hussein noted that the Philippines passed the Republic Act 9346 or "An Act Prohibiting the Imposition of Death Penalty in the Philippines" under the administration of President Gloria Macapagal-Arroyo in 2006. In his letter, Al Hussein also acknowledged the Philippines' intensified campaign against illegal drugs. However, he stressed that ICCPR "considers that the use of the death penalty for drug crimes is incompatible under international law." The death penalty bill, which will be deliberated next at the Senate committee, listed the use and trade of illegal drugs as some of the heinous crimes liable for capital punishment. "The most effective manner of addressing drug-related offences is through strengthening the
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Dec. 9 PAKISTAN: Plight of mentally ill inmates on death row discussed Earlier this year many gaped in horror as the Supreme Court ruled that "schizophrenia is not a mental illness" and could be cured. The judgement came after the top court rejected the plea of Imdad Ali, a schizophrenic convicted of murder in 2001. To discuss this case - because many more are to follow since the state lifted the moratorium on the death penalty last year - a talk titled 'The Imdad Ali Case and Emergent Conversations vis-a-vis Capital Punishment' was held at the office of the Human Rights Commission of Pakistan (HRCP) on Thursday. Story of Imdad Ali Sarah Belal, who heads the Justice Project Pakistan and is also handling Ali's case in court, said Ali had spent almost 14 years on death row since his conviction. But it was revealed in 2012 that he was schizophrenic, and since then his condition has not improved, rather he had to be shifted to a hospital the same year for treatment. Recent reports claimed that he displayed psychotic symptoms and his case was later dubbed as "treatment-resistant". Sarah said Ali's case raised an alarm when, despite efforts from multiple bodies, his final appeal was dismissed by the court a few months ago because the court rejected the fact that schizophrenia is a mental illness. Following an uproar, the court ordered a medical board to investigate so the court could ascertain if it would be inappropriate to hang Ali. She pointed out that previous findings of Ali's case could not be found, but the prosecutor general was able to trace it from Multan, proving that he was indeed ill. "Despite all this, we need to realise that these are not isolated cases, rather there are many prisoners on death row who have shown similar symptoms, yet no one is paying attention to them. In many cases the prison authorities prefer sending such inmates to solitary confinement instead of institutions that would help them recover." She lamented that many times the mental condition of the convict is not stated during the trial, but that does not take away the right to clarify it later, which is seldom the case in Pakistan because it is used to build a strong case against the defendant. "Schizophrenia's symptoms appear ... after a person turns 20 or 30, but it is also to be noted that all inmates are not lucky enough to be diagnosed when they end up in jail. Just last year, Muneer Hussain was hanged even though he was mentally unstable." Shumaila Khan, a correspondent for BBC Urdu, who worked on Ali's case, said the convict's wife was quite determined to fight his case and had mentioned that he was unwell since the beginning. "She said he would often be disillusioned and think of himself as some sort of a king who had a huge army. While she doesn't want him to be released owing to his crime, she doesn't want him to be hanged either." On the other hand, Pakistan Association for Mental Health President Dr Haroon Ahmed felt that lawyers were unaware if a person was fit for trial or even stable enough to testify. The numbers game On the number of inmates with psychological disorders, Sarah said a separate log for such people did not exist but there was a hand-written register that could help collect the information. "All of the prisoners are not examined so one can't be sure of their number, but the state should play its role in making the data accessible for organisations interested in helping out." Representing the Legal Aid Office, Barrister Haya Eeman Zahid said the main checkpoints of the criminal justice system needed to evolve to facilitate people who come across it. "Our prisons have become dumping grounds for the mentally ill, and it appears that we haven't done away with the approach of colonial times when IG Prison was supposed to look after a mental institution." She said 80,000 prisoners were being kept in the 96 prisons in Sindh, and at least 6,000 inmates were kept in the central prison, which could house only 3,000. "The prisoners are visited by a team of doctors every week, and out of 12 there is just 1 psychiatrist ... of 6,000 only 14 [inmates] are mentally ill, which is not quite believable because a person is 2 to 4 times more likely to develop such conditions in prison." Is rehabilitation possible? Referring to the Sindh Mental Health Act 2013, Haya said a mental health authority and a visiting board were yet to be constituted. "We need to ensure that once such people are out, they are able to be rehabilitated in society ... We still need to ask ourselves whether we are willing to let them in or not." Regarding the lifting of moratorium on the death penalty, veteran journalist Dr IA Rehman, who also heads the HRCP, said the state needed to be reminded that the act was irreversible. "Just recently, a case surfaced when 2 brothers were acquitted [of] murder charges when they had been hanged in 2015. We need to be
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Dec. 8 SUDAN: Fresh call for release of Christians facing death penalty in Sudan Christian Solidarity Worldwide (CSW) has raised concerns over the prolonged detention of 4 Christians in Sudan on the anniversary of their arrest. CSW has called for the release of Rev Hassan Abduraheem, Rev Kuwa Shamal, Petr Jasek and Abdumonem Abdumawla who were arrested in December 2015 and have been in detention since May 2016. The case against the men centres on the provision of finances for the medical treatment of a young man from Darfur who was injured in a demonstration in 2013. SudanPopulation: 36 million Christian population: 1.9 million The government of Sudan implements a 1-religion policy (Islam) Pastors and Christians face imprisonment if they share their beliefs and churches are often attacked and destroyed Jasek, who is a Czech national, travelled to Khartoum in December 2015 to meet the young man and donated almost 4,000 pounds toward his treatment. Rev Abduraheem, Rev Kuwa Shamal and Mr Abdumawla, had helped to arrange the visit. The 4 men are charged with 7 crimes including espionage and waging war against the state. The state claim the 4,000 pounds contribution was not for medical treatment but to fund rebel fighting. If the group are found guilty, they could receive the death penalty. CSW have claimed that since his arrest, Jasek has had limited contact with his family and legal representative while Rev Abduraheem was not permitted visits from family members until May 2016. CSW's Chief Executive Mervyn Thomas said: "This month marks one year since 4 men were arrested in Sudan on grave charges which they have denied, but which have been brought against them simply for extending compassion to a man in need of medical treatment. "In Rev Shamal's case, being a senior Christian leader and a member of the Nuba ethnic groups is sufficient for him to be targeted by the security services. "We urge the Sudanese authorities to immediately and unconditionally release these men and to drop all charges against them." (source: premier.org.uk) MALAYSIA: Police score biggest ketamine seizure of 2016, uncover drug lab in Bukit Jalil Malaysian police 'stung' a China-linked ketamine distribution syndicate out of business when they scored the biggest ketamine seizure of the year and uncovered a drug-processing laboratory in Bukit Jalil on Sunday. In respective raids at 2 apartments, the Bukit Aman police's Special Tactical Intelligence Narcotics Group (STING) seized 210kg of China-made ketamine, and drugs comprising syabu, Eramine-5, ecstasy and pil yaba worth a total of RM15.5 million. In another apartment, the police uncovered the drug laboratory and drug-making paraphernalia. In both raids carried out within 6 hours, beginning 9.30pm, 3 local men, including an unqualified chemist, were detained to facilitate investigations into the international drug trafficking syndicate. Federal Police (Bukit Aman) Narcotics Criminal Investigation Department director Datuk Seri Mohd Mokhtar Mohd Shariff described the ketamine seizure as the biggest this year. He said initial investigations revealed the ketamine was meant for local consumption, adding that the seized drugs could cater to 540,000 addicts. "We also seized 3 vehicles owned by the suspects - a Toyota Estima, a Toyota Mark and a Proton Gen 2 - as well as RM1,500," he told a press conference here today. Mohd Mokhtar said the suspects were remanded until Monday to facilitate investigations under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty upon conviction. On the types of drugs popular among addicts in the country, he said 47 % preferred syabu; heroin (30 %); yaba pill (12 %); ganja and ecstacy pills (5 % each); and ketamine (1 %). Meanwhile, Mohd Mokhtar said police seized various drugs worth RM211.98 million from Jan until Dec 4, and 189,190 individuals, including 7,508 foreigners were arrested over the seizure during the same period. (source: nst.com.my) PHILIPPINES: Mode of proposed death penalty: Hanging, firing squad, or lethal injection Lawmakers are up for more discussions when it comes to passing the proposed death penalty bill in Congress. 1 part of that bill is the mode of execution to the person convicted of a heinous crime. Under the bill, death penalty may be executed either by hanging, firing squad, or lethal injection. It also states that the death penalty shall be carried out from 1 year to 1 1/2 years after the judgment has become final and executory. Lawmakers want capital punishment for a number of drug offenses. Under the proposed bill reviving the death penalty, selling, trading, distributing, and transporting of dangerous drugs, regardless of quantity and purity, and manufacturing dangerous drugs may be punishable by death. Any person who possesses at least 10 grams of any
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Dec. 8 UNITED KINGDOM/MIDDLE EAST: Theresa May fails to raise child executions at Gulf summit Theresa May has apparently declined to raise the issue of the death penalty for juveniles and political protestors in Saudi Arabia, despite emphasising in a speech today (7 December 2016) that the UK is the Gulf's "partner" in reform and of the "embedding" of international norms. Theresa May met yesterday with Saudi Arabia's King Salman during her 3-day visit to the Gulf Cooperation Council summit in Bahrain. According to reports today, Downing Street could not confirm whether "specific cases of imprisoned or exiled dissidents" had been raised during the meeting. The comment appears to mark a change in stance from previous statements; as recently as September, the Foreign Office confirmed that Boris Johnson had raised with his Saudi counterparts the cases of 3 juveniles facing execution in the Kingdom. Ali al-Nimr, Dawood al Marhoon and Abdullah al Zaher were arrested in relation to protests at the ages of 17, 17 and 15, and tortured into false 'confessions.' The Saudi authorities have executed several juveniles this year, and the international human rights organisation Reprieve has written to Theresa May, asking her to use this week's Gulf visit to press for the release of the 3. (http://www.ekklesia.co.uk/node/23610) Reprieve has warned the Prime Minister of evidence that more juveniles have recently been sentenced to death. The Prime Minister's predecessor, David Cameron, said last year that he would attempt to raise the cases with Saudi Arabia. Reprieve has also asked the Prime Minister to ask Kuwait to drop its plans to lower to 16 the age at which people can be executed; and to urge Bahrain to release prisoners who were tortured and sentenced to death for attendance at protests, such as father of 3 Mohammed Ramadan. The Prime Minister is due to meet with the King of Bahrain today. Yesterday Mr Ramadan's wife, Zainab Ebrahim, appealed to Mrs May to secure his release. Bahrain and Saudi Arabia have received substantial support and training from the UK for their prison and police services, and this morning, Mrs May said that the UK is "determined to continue to be your partner of choice as you embed international norms and see through the reforms which are so essential for all of your people." However, Reprieve has raised concerns over both countries' continued use of the death penalty and torture to extract false 'confessions'. During 2016, Freedom of Information requests by Reprieve have revealed that: --A Foreign Office project has seen hundreds of Bahraini prison guards in Bahrain's death row jail; --British Police have trained their Saudi counterparts in investigation techniques that could lead to the arrest, torture and sentencing to death of protesters; ?These projects have been undertaken without the safeguards that are supposed to be put in place under the Government's flagship guidance on the death penalty and torture overseas - known as the Overseas Security and Justice Assistance (OSJA) guidance.(http://www.ekklesia.co.uk/node/23452) Maya Foa, a director at Reprieve, said: "Theresa May's bid to be the Gulf's 'partner of choice' sounds more like a sales pitch than a much-needed call for reform. Despite years of substantial UK support apparently intended to improve the human rights situation in the Gulf, Bahrain and Saudi Arabia continue to torture and sentence to death juveniles and political dissidents - an appalling breach of the 'international norms' that Mrs May says she wants to promote. If the Prime Minister is going to commit the UK to greater cooperation with the Gulf, she must also call for an immediate end to these abuses - and the release of prisoners like Ali al-Nimr." (source: ekklesia.co.uk) TURKEY: A scary scenario in the Ankara political backstage Reinstating the death penalty was imposed on the political agenda by the Turkish leadership after the bloody coup attempt of July 15. The slogan "We want executions back" was first chanted by a group among the people who rushed to the Istanbul airport on that night to welcome and defend President Tayyip Erdogan, following his call via the private broadcaster CNN Turk. Erdogan channeled the feelings of the furious masses with that slogan. Later, using the justification that "my people want it so," he vowed that if parliament voted for it, he would approve it. His Justice and Development Party (AK Parti) dominates in parliament, and it is not only the AK Parti, but also its partner in the new constitution, the Nationalist Movement Party (MHP), that is in favor of bringing back capital punishment. The death penalty was abolished in 2000 as part of the framework of harmonizing Turkish legislation with that of the EU after the arrest of Abdullah Ocalan, the leader of the outlawed Kurdistan Workers' Party (PKK), in 1999, who was later
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Dec. 7 IRANexecutions 2 Prisoners Executed A prisoner was reportedly hanged at Dizel Abad Prison (Kermanshah province, western Iran) on Tuesday December 6 on murder charges, and a prisoner was reportedly hanged at Salmas Central Prison (West Azerbaijan province, northwestern Iran) on Wednesday December 7 on drug related charges. The human rights news agency, HRANA, has identified the prisoner hanged at Dizel Abad Prison as Ali Akbar Karami. According to HRANA, Mr. Akbar Karami had turned himself in to Iranian judicial authorities two months after allegedly committing murder about three years ago. Ali Chartagh is the name of the prisoner who was reportedly hanged at Salmas Prison, according to HRANA and independent sources close to Iran Human Rights. "Ali Chartagh was arrested 3 years and 7 months ago and was charged with participating in the storage of 750 grams of crystal meth. He was sentenced to death by the revolutionary court in Salmas," a confirmed source tells Iran Human Rights. According to close sources, Mr. Chartagh was executed by Iranian authorities even though he had reportedly requested a retrial and his case file was in the process of being reviewed by Branch 38 of Iran's Supreme Court, presided by Judge Latifi Rostami. Iranian official sources, including the Judiciary and the media, have been silent about these 2 executions. (source: Iran Human Rights) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Dec. 7 TURKEY/SAUDI ARABIA: Efforts to save 18 Turks facing execution in Saudi Arabia ongoing 2 Turkish lawmakers have met with Foreign Minister Mevlut Cavusoglu as part of efforts to save 18 Turkish citizens facing execution in Saudi Arabia over drug possession. Fevzi Sanverdi, a ruling Justice and Development Party (AKP) deputy, and Serkan Topal, a deputy from the main opposition Republican People's Party (CHP), met with Cavusoglu on Dec. 7. In the meeting they spoke about the 18 Turkish citizens, originally from the southern Turkish province of Hatay, being held in jail pending trial and facing possible execution. "We have told [Cavusoglu] that 3 of our citizens' situation is especially urgent, while the rest are victims of international drug cartels," Topal said. "Our minister said he would contact his Saudi counterpart as soon as possible," he added. Topal also noted that he was in touch with the Turkish ambassador in Riyadh, Yunus Demirer, every day, vowing to continue their efforts at the state level to save the jailed Turkish citizens. (source: Hurriyet Daily News) MOROCCO: HCP: 50 % of Moroccans Support Abolition of Death Penalty 50 % of Moroccans favor the abolition of the death penalty, according to the results of a survey conducted by the High Commission of Planning (HCP) on the nation's take on the United Nations??? Sustainable Development Goals for 2030. Urban areas (47.8) supported the lethal punishment's abolition less enthusiastically than rural areas, which garnered a 52.2 % anti-death penalty position, Ahmed Lahlimi Alami, the head of the HCP, told reporters on Tuesday. The HCP randomly selected citizens from every region in Morocco to take the survey, which helped "the government understand citizens' evaluation of dimensions of human development in their daily lives," between the 1st of July and the 19th of August. Morocco has not carried out the death penalty since 1993, however courts have sentenced 122 people, including 3 women, to the punishment. The U.N. started a new push to implement its 17 development goals for the next 14 years at the top of 2016. The goals include ensuring every human being has access to a good education, a healthy natural environment and a peaceful and just society. The survey's results show that 80 % of Moroccans believe the kingdom can achieve all of the U.N.'s goals by 2030, while 50 % of respondents said they had taken steps to improve their interactions with the environment in the past 5 years. Morocco has led the charge in global anti-climate change efforts, as demonstrated in 22nd Convention of the Parties (COP) held in Marrakesh last month. The kingdom is on track to source 52 % of its energy needs from renewable energy sources by 2030. (source: Morocco World News) IRAN: 2 Prisoners with Drug Charges in Imminent Danger of Execution 2 prisoners in Karaj's Ghezel Hesar Prison (Alborz province, northern Iran), who are on death row on drug related charges, were reportedly transferred to Varamin's Khorin Prison (Tehran province, central Iran) on Sunday December 4 in preparation for their executions. According to close sources, the prisoners, who have been identified as Esfandiar Geravand and Iman Dorimami, were setenced to death by the revolutionary court in Varamin, but because they were condemed to prison exile, they were taken to Ghezel Hesar Prison. Mr. Geravand and Mr. Dorimami are in imminent danger of execution at a time when a bill proposing to abolish the death penalty for drug related offenses may be passed by the Iranian Parliament. (source: Iran Human Rights) * Former Qeshm Airlines boss faces death penalty in Iran The former owner of Iranian carrier Qeshm Airlines (QB, Tehran Mehrabad), Babak Zanjani, has lost an appeal in a Tehran court to reduce his sentence after being found guilty on charges of corruption. The Iranian businessman was given the death penalty in March 2016. Zanjani was arrested in December 2013, following the election of President Hassan Rouhani, who vowed to tackle corruption. The billionaire was found guilty of misappropriation of public funds, fraud against Iran's Ministry of Petroleum and money laundering. The Iranian government claims that Zanjani owes more than EUR2 billion from transactions related to oil exports. Zanjani's airline was confiscated by the Iranian government in January 2015 as part of reparations owed to Tehran. Qeshm Airlines is now jointly controlled by the Ministry of Petroleum and private companies. (source: ch-aviation.com) BANGLADESH: Bangladesh Supreme Court upholds death for 3 Huji militants over 2004 grenade attack on UK envoyFormer UK envoy to Bangladesh Anwar Choudhury was attacked at the shrine of Hazrat Shahjalal in Sylhet in 2004. The Supreme Court of Bangladesh on Wednesday (7 December) has upheld the death sentencing of 3 militants of
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Dec. 6 INDIA: Can stay execution of Chhattisgarh-based convict: Delhi HC The Delhi High Court today said it can hear and grant stay on the execution of a man held guilty for murder of 5 persons, including 2 children, in 2004 in Chhattisgarh, as the decision rejecting his mercy plea was taken here by the President of India. A bench of Justices G S Sistani and Vinod Goel said this while dismissing the plea of the Chhattisgarh government that the Delhi High Court did not have jurisdiction to hear the matter. The state government had contended that rejection of mercy plea by the President and the Governor of Chhattisgarh does not give rise to any cause of action. The high court, however, refused to accept the contention, saying mercy petition was the "last thread" between convict and the gallows and its rejection, which leads to issuance of warrants of execution, "closes the last hope upon which his very life is reliant". "Therefore, in our view, the rejection of mercy petition does give rise to a cause of action at Delhi," it said. The bench also said, "The material to be examined is the advice tendered by the cabinet and all the documents and records pertaining to the same are in Delhi and the decision has also been taken in Delhi. "Further the location of the convict also makes no difference, as the convict being the dominus litis (the main litigant) is free to invoke the jurisdiction of this court." The court also rejected the state government's argument that cause of action was linked with crime, saying that "concept of cause of action in respect of criminal proceedings cannot apply sensu stricto (strict sense) to the present proceedings as the same are not a continuation of the judicial proceedings but premised upon executive orders". It said that the act of the President of India under the constitutional power is entirely different from the judicial power and cannot be regarded as an extension of it. "Accordingly, it cannot be said that the power exercised by the President of India (rejecting the mercy plea) is in continuation of the judicial proceedings," it said. The state government's application was filed in the main petition of the convict, Sonu Sardar, who has sought that his death penalty be commuted to life imprisonment on account of delay in deciding his mercy plea as well as for allegedly keeping him in "solitary confinement illegally". The Delhi High Court had on March 2, 2015 stayed the execution of Sardar after which the state government had approached the Supreme Court challenging the Delhi High Court's jurisdiction to hear the matter. The apex court had asked the high court to decide the state's application in 4 weeks. Sardar, along with his brother and accomplices, had killed 5 persons of a family, including a woman and 2 children, during a dacoity bid in Chhattisgarh's Cher village on November 26, 2004. The trial court had slapped death penalty on him and the Chhattisgarh High Court had upheld it. The Supreme Court in February 2012 had concurred with the findings of 2 courts below and affirmed the punishment. His mercy petition was also dismissed by both the state Governor and the President of India. In February 2015, the apex court had also rejected his review plea. (source: Business Standard) UNITED ARAB EMIRATES: Dubai Sentences 10 Punjabi Citizens To Death In Murder Case A civil court in Dubai in the province of United Arab Emirates has issued the death penalty to 10 Punjabis who had gone there to earn a living. The men have been found guilty in a case pertaining to the murder of a Pakistani citizen in a clash over alcohol drinking. The 10 men were originally from Malerkotla, Tarn Taran, Samrala, Ludhiana, Moga, Patiala and Gurdaspurs districts. The court's verdict has distressed the families of the young men and they have started approaching the Indian authorities to make efforts to save them. It is learnt that efforts were being made to lodge an appeal against the court's verdict. (source: sikh24.com) MIDDLE EAST: Theresa May should condemn Saudi death penalties at GCC meeting The British PM should use her meeting with the King of Saudi Arabia to condemn the country's sentencing to death today of 15 Shia Muslims for alleged espionage. Theresa May is visiting Bahrain to meet with leaders of Persian Gulf states, who are in the country for a meeting of the Gulf Cooperation Council. She will attend a dinner with the leaders of Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain and Oman on Tuesday, before addressing the plenary session of the summit on Wednesday. IHRC believes the meeting is an opportune moment for the PM to raise concerns about Saudi Arabia's liberal use of the death penalty against the country's minority Shia under the pretexts of terrorism and spying. In January, Saudi Arabia executed prominent Shia cleric Nimr Baqir al-Nimr, a
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Dec. 6 NIGERIA: The faux outrage of Lagos state's death penalty for criminals The Lagos State House of Assembly, incensed by the rising spate of kidnappings in the state, has passed a bill that stipulates a death sentence for kidnappers whose victims die in their captivity. On the surface, such proposed law, awaiting the signature of the State Governor Akinwumi Ambode, seems like a good-intentioned move to clamp down hard on hardened criminals. But then, the surface never tells the true value, or lack of, of anything. And beyond the faux outrage of the State House of Assembly, its proposed death sentence will not deter kidnappers, prevent deaths from kidnappings or make residents of Lagos any more safe. While the immorality and inhumanity of the death penalty may be disputed, albeit ingeniously, the ineffectiveness of such state-sanctioned murder as deterrent to crime is indisputable. The highest record of state executions for criminal offences in Nigeria were carried out during the periods of military rule in the 1980s and 1990s. Yet, crimes punishable by death remained at their peak during these times. Even the high-profile executions of notorious armed robbers such as Lawrence Anini, Monday Osunbor, Peter Presley Preboye and Shina Rambo did nothing to the continuously rising crime rates. Suffice it to say that the killings of these armed robbers were just that, killings. They were no deterrent to crime. In the same vein, the Lagos State Government's Death Sentence for kidnappers will have no effect on kidnappings in the state, just as rampant extrajudicial killings of robbery suspects haven't reduced current robbery rates. If death sentences won't curb kidnappings, then what will? To answer this pertinent question, one must return to the primary reason for the increase in kidnappings and other money-motivated crimes - economic desperation. Nigeria is knee-deep in recession, jobs have become more scarce and less secure, wages have either stagnated or fallen while commodity prices are running amok. All of these are occurring in a country with already sky high unemployment, gulf-wide inequality, pervasive poverty, endemic corruption and inept government institutions. It is not difficult to draw the parallels between these blatant failures of the Nigerian society and the rising incidences of kidnappings and other money-motivated crimes. Investigating the relationship between crime level, unemployment rate, poverty rate, and corruption level and inflation rate in Nigeria between 1980 and 2009, researchers, writing in the Global Advanced Research Journal of Management and Business Studies, came to the conclusion that the above mentioned societal problems impact significantly on crime rate. "There is a link between crime level, unemployment, poverty, corruption and inflation; but even if people were unemployed, poor and corrupt, criminality may not be that high, but when the cost of living which is determined by inflation is high, crime level becomes high." In light of the above, it is clear to see that what needs the utmost attention is the optimisation of economic opportunities, not an adaptation of state-sanctioned killing. Thus, if the Lagos State Government was really keen on deterring kidnappers, it would have been more interested in creating massive job schemes, radically increasing vocational training opportunities and championing programmes that will help small businesses thrive. The government would also have been doing more about making education more qualitative, less expensive and open beyond primary, secondary, and tertiary levels, but also to include adult education. However, the Lagos State Government, by choosing to kill kidnappers, has opted for what seems like an easy way to curb kidnappings. Only that it actually doesn't. It is destined will only add to the State Government's growing list of ineffectual policies, a recent one of which was the ban on highway hawking. The government had threatened desperately poor and opportunities-bereft youths, whose sole source of a daily bread was chasing down cars to sell cheap snacks and accessories, with fines and jail time. This, it did without working to combat socio-economic problems which are the root causes of highway hawking. Expectedly, the ban achieved nothing as the highways are still surfeited with hawkers. The same will be the case with kidnappings and armed robberies if a death sentence is the only sentence the government can muster. (source: venturesafrica.com) PAKISTAN: COAS endorses 4 death sentences A military court has awarded death sentences to 4 suspected terrorists belonging to the banned Lashkar-i-Jhangvi and Al Qaeda for the attack on Karachi airport and assassination of a senior counterterrorism official. The death sentences have been endorsed by Army Chief Gen Qamar Bajwa. "Today Chief of Army Staff confirmed death sentences awarded to
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Dec. 5 INDIA: Death Sentence In Nirbhaya Case Must Be Revisited: Amicus Sanjay Hegde Senior Advocate Sanjay Hegde, 1 of the 2 amicus curiae appointed by the Supreme Court in the Nirbhaya case, has submitted before the Court that there is no evidence to prove conspiracy in the Nirbhaya rape and murder case. He was arguing before a 3-judge bench comprising Justice Dipak Misra, Justice R Banumathi and Justice Ashok Bhushan hearing the case. He submitted that in the absence of proof of conspiracy by the appellants to cause the death of the prosecutrix, coupled with the failure of the prosecution to provide clear evidence with respect to the overt acts of each of the appellants in causing the death of the prosecutrix, the death sentences ought to be revisited. "In the present case, insofar as the lack of planning or premeditation regarding the crime is concerned, it can be said that the accused did not plan the offence in detail or carry out the plan in a calculated manner which signifies the absence of anti-social predisposition or hardened criminality. While there is no doubt that the manner of the commission of the crime was brutal, it is premeditation and planning which determines the disposition of the accused, and the lack of pre-mediation or reflection on the actions of the accused should be considered in determining the possibility of reform of the accused." No Common Object Advocate Hegde submitted that the common object of the appellants to kill the prosecutrix, and to do so with the help of the iron rods, has not been established by the prosecution. "The iron rods, which have been used in the present case, are an organic part of a bus, and are present at all times for use in the bus. The appellants in the present case were not armed with the iron rods with the plan of causing death to the prosecutrix, when they picked her up on the night of 16 December 2012. The common object of the appellants to kill the prosecutrix, and to do so with the help of the iron rods, has not been established by the prosecution. Further, the prosecution has not been able to ascribe individual acts on any of the appellants before this court with respect to the use of the iron rods, which resulted in the death of the prosecutrix.", he submitted. No Crime Test, Criminal Test Regarding the sentence, he submitted that while the impugned judgment considers the brutality of the crime, the mitigating circumstances of the crime test, including the nature of planning and committing the crime for each appellant through an individualised sentencing process, has not been considered. "All appellants were convicted of the offences of rape and murder together, without considering the appropriate aggravating and mitigating circumstances for both the 'crime test' and the 'criminal test'." Relying on precedents, Hegde submitted that, not considering the mitigating circumstance by giving it due weight and not offering special reasons to explain the balancing of the aggravating and mitigating circumstances goes against the sentencing policy laid down in s.354(3) of the CrPC which recognises that the death sentence is an exception to the general rule. Sanjay Hegde was assisted by Anil Mishra Advocate on Record, Pranjal Kishore, S. Nithin, Atul Vinod. He also received assistance from Yash Vijay & Sahana Manjesh of Death Penalty Centre of National Law School Delhi. Earlier, Senior Advocate Raju Ramachandran, the other amicus curiae in the case also submitted that the order on sentence passed by the Trial Court on 11.9.2013 and confirmed by the High Court, ought to be set aside for violating the fundamental norms of sentencing, constitutionally ingrained, statutorily reflected and judicially interpreted by the Apex Court. He also submitted that both the high court and trial court grossly erred in imposing death penalty to the accused without considering the circumstances relating to the criminals. (source: livelaw.in) BELARUS: LAST PRISONER ON DEATH ROW AT RISK Urgent Action Siarhei Vostrykau is the last known prisoner on death row in Belarus after the authorities executed the other remaining three prisoners on death row on 5 November. Siarhei Vostrykau is at imminent risk of execution. Write a letter, send an email, call, fax or tweet: * Urging President Lukashenka to halt the execution of Siarhei Vostrykau and immediately commute his death sentence; * Calling on President Lukashenka to establish an immediate moratorium on executions with a view to abolishing the death penalty; * Stress that whilst we are not seeking to downplay the seriousness of the crime, research shows that the death penalty does not deter crime more than other forms of imprisonment and is the ultimate denial of human rights. Contact these 2 officials by 16 January, 2017: President Alyaksandr Lukashenka Vul. Karla Marksa 38 220016 Minsk, Belarus Fax: +375 17 226 06 10
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Dec. 5 UNITED KINGDOM: Rillington Place men among 400 hanged by Southport executionerAlbert Pierrepoint was renowned by the Home Office as the most efficient executioner in British history The Rillington Place drama is currently being told in 3-part BBC series - but did you know the Southport connection to the tragic story? Based on the real life events, the tense and impactful thriller explores the crimes of John Christie and the subsequent tragic miscarriage of justice in 1940s and 50s London. Christie killed at least 8 women, including his wife, but early in the investigation police wrongly arrested Timothy Evans, who was later convicted and hanged for a crime he did not commit. Christie was eventually caught and hanged by the same executioner - Southport's Albert Pierrepoint. Pierrepoint lived in Southport for much of his life and was renowned as 'the most efficient executioner' in British history by the Home Office. Although there is no officially recognised figure, he is known to have hanged more than 400 people. He followed in the footsteps of both his dad and uncle in becoming an executioner and was named the UK's Chief Executioner in 1941. However, years after his retirement he revealed that he believed capital punishment was not an effective detterent. Pierrepoint resigned as hangman in 1956, 8 years before the last hanging was executed in Britain. He went on to run a pub in Lancashire and made the revelation in his memoir, Executioner Pierrepoint: An Autobiography. He wrote in the book: "I have come to the conclusion that executions solve nothing, and are only an antiquated relic of a primitive desire for revenge which takes the easy way and hands over the responsibility for revenge to other people ...The trouble with the death penalty has always been that nobody wanted it for everybody, but everybody differed about who should get off." Pierrepoint was asked to give statements about his time as a hangman to the Royal Commission on Capital Punishment. The case of John Christie, or more so Timothy Evans, was one of the factors which led to the outlawing of capital punishment in the UK. Episode 2 of Rillington Place airs on BBC One on Tuesday, December 6 at 9pm. Episode 1 is available on the BBC iPlayer. (source: southportvisitor.co.uk) PAKISTAN: Mental illness and the death row In 2004, a Brazilian man from a wealthy family was arrested for drug-smuggling in Indonesia. Rodrigo Gularte was sentenced to death. Reports indicate that, until the end, Rodrigo heard voices and talked to the walls. Up until a few minutes before his execution by firing squad, he was unaware of his impending death. The priest visiting him said he tried to make him understand his situation for over an hour, but to little avail. Rodrigo was not simply acting out on the eve of his execution. He was exhibiting paranoid schizophrenia, a condition he had been diagnosed with while in jail but had presumably been dealing with all his life. Family and friends described strong mood swings, coupled with reckless habits and drug use. Like most schizophrenics, Rodrigo refused medication for much of his adult life. There are similar cases where largely poor defendants with mental health conditions come from situations where they are undiagnosed. Many of these defendants' 1st interactions with a psychiatrist are in a prison setting. Lack of information or stigma surrounding certain illnesses make it difficult for defendants to explain their condition to their lawyers, or even their families. Prison authorities usually end up gathering this information and presenting it to court. The International Covenant on Civil and Political Rights urges states to not impose the death penalty nor execute those suffering from "any mental or intellectual disability". The 2006 United Nations Convention on the Rights of Persons with Disabilities calls for "Reasonable accommodation" for persons with disabilities extending to "appropriate training" being provided to administrators of justice. Pakistan has ratified these conventions but local laws remain disconnected. In October 2016, the Supreme Court of Pakistan ruled that schizophrenia is "not a permanent mental disorder" and is a "recoverable disease" in the case of Imdad Ali, a man convicted of killing a cleric. Government doctors had diagnosed Imdad with schizophrenia after he was convicted in 2012. But on October 31, 2016 the Supreme Court stayed his execution on the basis of his mental illness. His lawyers and doctors said he suffered from delusions, rendering him unable to comprehend the nature of his crime and punishment. Methods of establishing a mentally ill individual's guilt are often murky and hotly debated. In Imdad's case the Supreme Court of Pakistan took a cue from the Indian Supreme Court case of Amrit Bhushan Gupta. The court argued "Insanity...must be such as to disable an
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Dec. 4 IRAN: Iran’s Supreme Court confirms death sentence of billionaire businessman Iran’s Supreme Court has confirmed the death sentence against a well-known tycoon, the country’s state-run news agency reported Saturday. The Saturday report by IRNA said Babak Zanjani was sentenced to death over a number of charges including money laundering and disrupting the country’s economy. On March 2016, a primary court sentenced Babak Zanjani and his two associates to death. The two defendants are facing charges of complicity in money laundering, forgery and fraud. IRNA also said Gholam-Reza Ansari, a senior official at the Supreme Court of Iran, announced that the Supreme Court has upheld the death penalty for the two other defendants involved in the embezzlement case, retired businessman Hamid Fallah-Heravi and British-Iranian businessman Mehdi Shamszadeh. Zanjani was arrested in 2013 as part of a crackdown on alleged corruption during the rule of former President Mahmoud Ahmadinejad. Iran’s Oil Ministry says Zanjani owes more than 2 billion euros ($2.25 billion) for oil sales he made on behalf of Ahmadinejad’s government. Zanjani, 41, is one of Iran’s wealthiest businessmen, with a fortune worth an estimated $14 billion. He was arrested shortly after the election of President Hassan Rouhani, who ordered a crackdown on alleged corruption during the eight-year rule of his hard-line predecessor. The trio was originally sentenced for being “corruptors on earth,” which is an Islamic term referring to crimes that are punishable by death because they have a major impact on society. The verdict came after a nearly five-month trial. According to Iranwatch.org, an Iran weapons watchdog, the E.U. has also linked Zanjani “to Iran’s proliferation-sensitive nuclear activities or Iran’s development of nuclear weapon delivery systems,” and has helped the government in Tehran filter money to sanctioned entities in the country. Iran’s prosecutors contend Zanjani withheld billions in oil revenues channeled through his companies. In a 2013 interview with the BBC, Zanjani claimed he was not a political person, saying: “I don’t do anything political, I just do business.” Iran has in the past executed other wealthy individuals found guilty of similar charges. In 2014, Iran executed billionaire businessman Mahafarid Amir Khosravi over corruption charges. (source: CBS news)___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Dec. 4 INDIA: Lynchings show mindset comfortable with death penalty: Gandhi Acts like lynching of Mohammad Akhlaq show a mindset that is entirely comfortable with the death penalty, wholly exculpatory of torture as a means of extorting confessions, says Gopalkrishna Gandhi who is a known campaigner against capital punishment. Gandhi has come out with a new book "Abolishing The Death Penalty: Why India Should Say No To Capital Punishment", published by Aleph Book Company, in which through in-depth analysis and marshalling of considered opinion of jurists, human rights activists, scholars and criminologists among others, he argues why the death penalty should be abolished with immediate effect in India. According to Gandhi, death penalty asks to be questioned on grounds of the right to life, the right to self-defence against battery, assault, homicide and murder. "States that keep the death penalty alive and do not realise the absurdity of that oxymoron may not be accused of a sadistic pleasure in dealing death. But they cannot be exempted from the accusation of deriving a sense of pleasure in the death penalty as a power, a perquisite, a prerogative that no one else enjoys," he writes. The former West Bengal governor says the power to commute a death sentence to one of life imprisonment is part of the power of the death penalty. "And even in the exercise of that pardoning prerogative, the state is using its exceptional privilege, its unique power. It is the exclusivity of this power, in its extreme nature, and indeed in its exceptionality that it is tantamount to a reserved 'pleasure'. And it is in that privileged uniqueness that it is so outrageously capricious and so flagrantly promiscuous," he argues. Gandhi, currently distinguished professor of history and politics at Ashoka University, says public opinion in India has always been "death-penalty minded" and is now even more so. "It is in fact more retribution-minded, vengeance-minded and geared to dealing death," he says. He then cites the lynching of a prisoner detained on suspicion of rape in Dimapur in Nagaland last year which included him being dragged out of jail, stripped, paraded naked and then beaten to death, in mob adjudication. "The mob-lynching and murder of Mohammad Akhlaq in a village in Uttar Pradesh on September 28, 2015 on the rumour that he had killed a cow and eaten its meat, is another grim instance of mob fury that stops at nothing less than killing. These acts show a mindset that is entirely comfortable with the death penalty, wholly exculpatory of torture as a means of extorting confessions," Gandhi writes. Abolishing the death penalty, he says, is not about the final punishment from which there is no return but about the first principle of penology which is about return, a return to civility. "The debate about the death penalty lies beyond 'to hang or not to hang' to a discussion on the criminal investigation system, on the law's transparency, the state's impartiality, a civilised penology," he says. "We do not choose to be born. But once arrived, we do choose, through programmed genomes, instinct and will, to stay alive. In fact, we do more than choose. We resist anything that comes in the way of our staying alive. That resistance is built into the apparatus of staying alive," he says. In the book, Gandhi asks fundamental questions about the ultimate legal punishment awarded to those accused of major crimes. Is taking another life a just punishment or an act as inhuman as the crime that triggered it? Does having capital punishment in the law books deter crime? His conclusions are unequivocal: Cruel in its operation, ineffectual as deterrence, unequal in its application in an uneven society, liable like any punishment to be in error but incorrigibly so, these grievous flaws that are intrinsic to the death penalty are compounded by yet another - it leaves the need for retribution (cited as its primary 'good') unrequited and simply makes society more bloodthirsty. (source: Press Trust of India) THAILAND: Death penalty dust-up spotlights Thai corruption woesYears of dirty politics leaving a legacy of frustration Thailand was suddenly engulfed in debate over capital punishment last month not because of some bloodcurdling crime, but because the legal elite proposed making crooked politicians pay the ultimate price. The idea came from Meechai Ruchupan, chairman of the military-appointed committee that drafted the new constitution. Meechai justified it as a way of keeping corrupt individuals out of politics, according to local media reports. Politicians involved in buying or selling key government jobs would have faced a maximum sentence of death. The measure was seen as an attempt to curb corrupt acts by future ruling party officials, who would have the authority to make political appointments. Opponents included Peerasak
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Dec. 3 PHILIPPINES: Block return of death penalty in PH - Human Rights WatchThe failure of the death penalty as a crime deterrent is globally recognized and the government should maintain the prohibition on its use,' says Human Rights Watch deputy Asia director Phelim Kine Another human rights group called on Philippine lawmakers to reject the proposed revival of the death penalty in the country. Human Rights Watch (HRW) on Saturday, December 3, urged the Philippine government to acknowledge death penalty's "barbarity." "The failure of the death penalty as a crime deterrent is globally recognized and the government should maintain the prohibition on its use," HRW deputy Asia director Phelim Kine said in a statement. The call comes days after the justice panel's subcommittee on judicial reforms of the House of Representatives approved House Bill 1, which seeks to reimpose capital punishment for all heinous crimes. (READ: Minority accuses House panel of rushing death penalty bills) The death penalty was abolished in 1986 when President Corazon Aquino took over the reins of power from Ferdinand Marcos. It was reintroduced by President Fidel Ramos in 1993, then suspended again in 2006. HRW joins other groups such as Amnesty International and the International Drug Policy Consortium in opposing the revival of the death penalty in the Philippines. On Saturday, HRW said the alleged deterrent effect of the death penalty "has been repeatedly debunked." The group said it rejects death penalty "in all circumstances because of its inherent cruelty." In addition, HRW pointed out that reviving the death penalty would be a violation of the Philippines' international legal obligations. This includes the Second Optional Protocol of the International Covenant on Civil and Political Rights (ICCPR), which states that "no one within the jurisdiction of a State Party to the present Protocol shall be executed" and that "each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction." The Philippines signed the Second Optional Protocol to the ICCPR in 2006 and ratified it in 2007. (READ: Lawyers' group opposes death penalty, 'shoot-to-kill??? policy) Drug-related offenses But as early as his 1st month in office, President Rodrigo Duterte had already asked lawmakers to revive the death penalty, especially for drug traffickers. In its statement on Saturday, HRW said that where death penalty is permitted, human rights law limits it to "the most serious crimes" typically those resulting in death or serious bodily harm. According to the group, the United Nations (UN) Human Rights Committee and the special rapporteur on extrajudicial, summary or arbitrary executions already concluded that the death penalty for drug offenses fails to meet the condition of "most serious crime." HRW also noted the many instances international organizations urged countries to prohibit the use of death penalty for drug-related offenses: --In a March 2010 report, the UN Office on Drugs and Crime urged countries to take an overall "human rights-based approach to drug and crime control." --In its 2014 report, the International Narcotics Control Board encouraged countries to abolish the death penalty for drug offenses. --In September 2015, the UN High Commissioner for Human Rights reaffirmed that "persons convicted of drug-related offenses ... should not be subject to the death penalty." "Reinstatement of the death penalty won't solve any drug-related societal problems that Congress House Bill No. 1 seeks to address," Kine said. He added: "It will only add to the already horrific death toll that President Rodrigo Duterte's 'war on drugs' has inflicted on Filipinos since he took office on June 30." From July 1 to December 1, the Duterte administration's campaign against drugs has already seen at least 5,845 personalities killed both from legitimate police operations and vigilante-style or unexplained killings * A lethal mix? Death penalty and a 'flawed, corrupt' justice systemIn People v Mateo in 2004, the Supreme Court says 71.77% of death penalty verdicts handed by lower courts were wrong. The SC reduced the sentences to life imprisonment and, even, acquittal. With intensified calls to revive the death penalty, is the Philippines, particularly its criminal justice system, ready for it and its consequences? No less than President Rodrigo Duterte is pushing for the reimposition of the death penalty, a law that was repealed by his newfound ally former president and now Pampanga Representative Gloria Arroyo in 2006. Critics say certainty of punishment - not death penalty - is effective in preventing crimes, urging the government to focus first on reforming the justice system. But Duterte defended his stand, saying the punishment of death is more of retribution than
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Dec. 1 SAUDI ARABIA: Take Action! - Man Faces Execution After Grossly Unfair Trial (Saudi Arabia: UA 270/16) A Shi'a man is at risk of execution in Saudi Arabia after he exhausted all his appeals. He was sentenced to death after a grossly unfair trial. He claims he was tortured into "confessing", but his allegation has not been properly investigated. Yussuf Ali al-Mushaikass, 42, was sentenced to death on 6 January by the Specialized Criminal Court (SCC) in Riyadh, the capital, for offences that included "armed rebellion against the ruler", "destabilizing security and stirring sedition by joining a terrorist group" and "participating in riots". Following his appeal on 1 February his legal representative learned that the sentence had been upheld by both the Court of Appeal and the Supreme Court. The case was later sent to the Ministry of Interior on 20 April raising fears that the sentence will be ratified by the King and Yussuf al-Mushaikhass might be executed at any time. According to the verdict the SCC seems to have based its decision on signed "confessions" which Yussuf al-Mushaikhass claims were extracted under torture and other ill-treatment. However, the court did not fully investigate such claims. During the first three months of his incommunicado detention he was held in solitary confinement and interrogated repeatedly. He told the court that he was: subjected to sleep deprivation; hung from the ceiling and beaten with a bamboo cane and electrical cable on different parts of his body; and, handcuffed and forced to lay on the ground while he was severely beaten by 4 officers from the General Directorate of Investigation (GDI). Under international law, statements elicited as a result of torture, ill-treatment or other forms of coercion must be excluded from evidence in trial proceedings. Yussuf al-Mushaikhass was arrested on 26 February 2014 in Ras Tanura City and taken to the GDI prison in Dammam, both in the Eastern Province. He was placed in solitary confinement and denied access to his legal representation throughout his interrogations. He is still detained in the same prison. TAKE ACTION Write a letter, send an email, call, fax or tweet: -- Urging the Saudi Arabian authorities to quash the conviction and death sentence against Yussuf Ali al-Mushaikass, given grave concerns about the fairness of the trial, and, if there is sufficient admissible evidence against him, to retry him in line with international fair trial standards without recourse to the death penalty; -- Calling on them to order a prompt, impartial, independent and effective investigation into his allegation of torture and other ill-treatment; -- Urging them to immediately establish an official moratorium on executions with a view to abolishing the death penalty in Saudi Arabia. Contact these 2 officials by 11 January, 2017: King and Prime Minister His Majesty Salman bin Abdul Aziz Al Saud The Custodian of the two Holy Mosques Office of His Majesty the King Royal Court, Riyadh Kingdom of Saudi Arabia Fax: (via Ministry of the Interior) +966 11 403 3125 (please keep trying) Twitter: @KingSalman Salutation: Your Majesty Ambassador Abdullah bin Fisal Royal Embassy of Saudi Arabia 601 New Hampshire Ave. NW Washington DC 20037 Fax: 1 202 944 5983 -- Phone: 1 202 342 3800 Email: i...@saudiembassy.net Salutation: Dear Ambassador (source: Amnesty International USA) INDIA: World is moving towards abolition of death penalty: Gopalkrishna Gandhi 140 of 195 countries have abolished the death penalty but it still looms large over the world as the nations that have retained it -- including India -- account for the bulk of the global population, former diplomat and Governor Gopalkrishna Gandhi says, urging that the punishment be removed from the statute. "The world is moving towards the abolition of death penalty... but the countries that have retained this penalty are those which have the largest populations. So, the majority of the world is still under the death penalty," Mahatma Gandhi's grandson, a former Bengal Governor, told IANS in an interview ahead of the formal release of his book, "Abolishing the Death Penalty: Why India Should Say No to Capital Punishment" (Aleph). "It is curious that the countries that have retained death penalty are those which have a certain punishment mentality like USA, China, Saudi Arabia, Iran, North Korea and Pakistan. So we are in the company of China, Saudi Arabia, Iran, North Korea and Pakistan. What are our compulsions? Why are we retaining it?" "Some argue that terrorism is the reason. Death penalty does not deter murder. Does death penalty deter terror? We cannot say. But terror has continued. The bizarre thing about terrorism is that the terrorists are prepared to die in the act of terror itself. They are in a fitoor (craze), in which maut (death) is regarded as a shahadat (martyrdom). So
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Dec. 1 INDIA: A manifesto for life: Abolish the death penalty What makes Indians bloodthirsty in this 21st century? While most of Latin America and Europe have abolished the death penalty, India, along with the United States, Pakistan and China, find it necessary to eliminate undesirable elements in society by the death penalty and feel reassured. Gopalkrishna Gandhi, former diplomat and governor of West Bengal, makes a convincing case for life in Abolishing The Death Penalty (Published by Aleph, Pages 124, Price Rs 399). Abolishing The Death Penalty is a must-read for all those who value life as well as for every incensed Indian who wants retributive justice for terror attacks and for crimes such as murder and rape. A few weeks ago, when the Supreme Court scrapped the Kerala high court's decision awarding the death penalty for the convict in Soumya murder case, there was bedlam in Kerala. The 'civil society' was shocked at the 'apparent' miscarriage of justice. The Supreme Court's decision even provoked a former SC judge, that gadfly Markandeya Katju, to castigate the judgment in a Facebook post, and resulted in the Supreme Court, uncharacteristically, hauling him over the coals of contempt of court proceedings. The public sentiment, in this case, was for hanging the convict. Gandhi, however, points out the need for administrators and the ruling class to rise above public sentiment and adhere to certain values. He urges politicians to learn from the example of Nelson Mandela, the South African legend, and Francois Mitterrand, the former French president, who led rather than allowed themselves to be led by an inconstant public opinion in abolishing the death penalty in their own countries. Gandhi raises the question that: Would our progressive enactments on untouchability, dowry and domestic violence have stood a chance against the orchestrations of opinion by khap panchayats and their kind. He concedes that a democracy is about what people want, no doubt, but reminds us that a state that believes in a moral code is also about what its enlightened New Agers from Asoka to Ambedkar have wanted it to be. Gandhi writes that the death penalty is a symbol of a state's political strength, even as a nuclear weapon is a sign of its military strength. "We need the death penalty to strike the fear of a secular God in those who want to challenge the writ of the Indian state, and want to undermine its sovereignty, its essential being," writes Gandhi. The greatest dilemma faced by abolitionists is when they come face-to-face with those bereaved or affected by murders. Gandhi says that to try to explain the reason for abolishing the death penalty to the bereaved would not just be futile, it would be callous. What, however, makes Gandhi's argument special is the realization that the answer to revenge cannot be ecumenical or evangelical but has to be emotional. The central argument in Gandhi's passionate plea is that victims' anguish and the penalty's cruelty are independent truths - one is not less than the other. And he lists three reasons. First, murder cuts short the victim's span of life - an inherently audacious act. Second, committed by a fellow human who is part of the same chain of life, it is aberrant. And the third, it is irreversible. Gandhi is a realist and rues the fact that the death penalty (which he describes as a conglomeration of multiple murders - judicial, administrative, political and social) is not likely to be abolished in India in the foreseeable future despite it being a global trend. He, however, reminds us that the ending of the death penalty has to be accompanied by the ending of a great many ills in our criminal justice system, of which the use of the '3rd degree', the use of torture to extort what passes for confessions, prolonged imprisonment of undertrials, and a coarsening investigation system, are part. There need to be greater and vigorous efforts by the ruling class and human rights activists to bring about changes, at least, in those aspects. (source: John Cheernan, The Times of India) PAKISTAN: For killing family: Court awards death penalty to man A court in Gilgit on Wednesday handed down the death penalty to a man who had killed his wife and 2 kids by pushing them into the river. The sentence was pronounced by Justice Haq Nawaz and Justice Wazir Shakil of Gilgit-Baltistan's Chief Court where the killer, Ibrahim, had appealed against the decision of a lower court. "When the act of murder is established, its penalty is death," observed the judges. On July 29, 2010, Ibrahim pushed his 30-year-old wife Parveen, his 6-year-old son and 8-month old daughter into the river. He then lodged an FIR with the Gilgit police, claiming that his family had gone missing. Police discovered that it was Ibrahim who had pushed them into the river, something which he confessed to later. Subsequently, a
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Nov. 29 TURKEY: Different voices from inside Turkey's ruling party Deputy Prime Minister Tugrul Turkes is known to be against the death penalty. In the cabinet meeting presided by President Recep Tayyip Erdogan on Oct. 31, he expressed his views outright. "Even if the capital punishment is reintroduced, you cannot hang Ocalan and Gulen," Turkes said, referring to the Abdullah Ocalan, the head of the Kurdistan Workers' Party (PKK), and Fethullah Gulen, who is blamed for the July 15 coup. When Erdogan looked at him with questioning eyes, Turkes went on, "This is because, since Magna Carta, penalties are not retroactive." While the entire cabinet and the president were listening with heightened interest, he said, "In this case, we would bring back the death penalty but we would not be able to practice it. Reinstalling death penalty would disrupt our image. They would immediately expel us from the Council of Europe and NATO.? Upon these words of Turkes, Erdogan said, "How can they remove us from NATO? There is capital punishment in the U.S." Turkes elaborated, "This has been like this from the beginning in the U.S. There was capital punishment before NATO was formed; they did not change it afterward. They have a separate law. But we have been subject to the continental Europe law from the beginning." On the other hand, a cabinet minister known for his notable proclamations on the EU, in his meeting with the deputy chair of the AK Party, bluntly said, "If capital punishment is brought in, I will vote negatively." We have seen during the sexual abuse criminalization debates that the public in Turkey, since opposition remains inadequate, expects the members of the ruling AK Party to warn the government. In this process, there are certain people the president and the prime minister have consulted in the struggle against FETO, capital punishment and the presidential system. For this reason, I would like to reflect the shared thoughts of President Erdogan and PM Binali Yildirim. These names which are only a handful but have huge respectability, I think, and represent certain sensitivity within the AK Party. At the top of the matters is the capital punishment. "Death sentence cannot be retroactive. For this reason, it is not possible to execute Fethullah Gulen and Ocalan. It can only be practiced as of the date it is processed. It is also questionable what deterrence this would have for future acts." There are wrongs and rights in the fight against the Fethullahist Terrorist Organization (FETO). Here is a broader analysis: "Our president categorized the FETO structuring to 3 levels as the top being betrayal, the middle commerce and the bottom worship. The betrayal attempted a coup in July 15. This has military and civilian connections. They have connections in military, police, the national intelligence organization. They have brothers, sisters and imams in civilian life. We should fight these. "The commercial middle class, though, is a structure financially supporting them. In fighting these, we should determine a commercial capacity. We should target those that have a certain commercial capacity; however, we should not spread it to the street grocery store level. "There is also the believer, the worshipper dimension. We should make them see the truth. "Out of those who have been caught in July 15, 90 % are in the betrayal group. The judgement should start from there. Each institute should not have its own measures. There should be penalty criteria of 4 or 5 clauses. The process should function accordingly. But this is not being done. The fight is conducted irregularly. Social wounds are opened. The civilian leg has reached hundreds of thousands but the military leg has not yet reached 10,000. The fight against FETO business should not be considered as a score." On the subject of conducting the presidential system together with the opposition Nationalist Movement Party (MHP), there is a "be careful" warning. "As a result of the presidential system, there will be a bi-party system. The MHP will erode. Why should MHP leader Devlet Bah???eli want a system where the MHP will lose? Where does this appetite for the presidential system come from for Bahceli? Will the MHP crash us to the wall?" We are walking step by step to the "President of the Republic" system. It looks as if the constitutional amendment will pass in the parliament and it will be acknowledged with a significant vote rate in the referendum. Nevertheless, I still wanted to reflect different evaluations within the AK Party. (source: Hurriyet Daily News) BAHAMAS: Death Penalty Sought For Double Murder In Andros A judge was asked yesterday to impose the death penalty on 2 men convicted of the murder and kidnapping of a Department of Immigration officer and his girlfriend in Andros. Zintworn Duncombe, 28, and James Johnson, 22, appeared before Justice Indra
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Nov. 29 PHILIPPINES: House panel approves revival of death penaltyCapital punishment recommended for illegal drugs, murder, rape, arson, kidnapping The House of Representatives' justice committee will soon start deliberating on a bill to reinstate the death penalty, after a sub-panel approved the proposal on Tuesday. During a hearing by the judicial reforms subcommittee, 6 congressmen voted to submit a substitute bill re-imposing capital punishment for heinous crimes, such as illegal drugs, murder, rape, arson, and kidnapping. Another 5 voted for a version of the proposal that would have limited the death penalty to illegal drug-related crimes. After the hearing, the measure will be forwarded to the mother committee. Once approved, it will be brought to the plenary for debates. The reimposition of capital punishment is 1 of the House's priority measures (the other being the proposal to revert the minimum age of criminal responsibility to 9) which Speaker Pantaleon Alvarez said would be passed before the Christmas break of Congress. The imposition of death penalty was prohibited in 2006 after then President Gloria Macapagal-Arroyo signed Republic Act No. 9346 into law. The penalty for offenses previously punishable by death was downgraded to reclusion perpetua or life imprisonment. Albay 1st District Rep. Edcel Lagman, who was one of the lawmakers who passed the bill that abolished death penalty, reiterated on Tuesday that the House has been "railroading" its revival. "In other words, the message of the House leadership is: 'have a deadly Christmas,'" Lagman said in a briefing. (source: newsinfo.inquirer.net) SOUTH AFRICA: The case for and against return of the death penalty South Africa's high crime rates have resulted in increasing calls for the re-instatement of the death penalty as a deterrent. Despite various polls indicating a significant portion of the country being in favour of its re-instatement, it remains a divisive and contentious issue that would require an amendment to the Constitution which protects citizens' right to life. The death penalty was abolished more than 20 years ago with the advent of a post-apartheid society. "If we are going to bring back the death penalty, we would have to amend the Bill of Rights which is almost never a good idea." - Pierre de Vos, Constitutional Law expert De Vos made it clear that any changes to the Bill of Rights requires a 2/3 majority vote in Parliament and says that will never happen. 702/Cape Talk's Eusebius McKaiser (standing-in for Redi Tlhabi) engaged constitutional law expert, Pierre de Vos, and director of Christian View Network, Philip Rosenthal, to present both sides of the argument regarding the issue. De Vos said that the pro-death penalty deterrence argument conflicts with the heart of democratic South Africa's founding principles in upholding equality and justice. "People talk about the death penalty as if it's going to stop crime or be a deterrent, while all the evidence suggests is that it is not a deterrent." - Pierre de Vos, Constitutional Law expert The SA Institute of Race Relations (SAIRR) recently said the following in stating a case against the re-instatement of the death penalty: "human beings who are not infallible ought not to choose a form of punishment which is irreparable". However, Rosenthal emphasised that part of the process of justice is taking a life for a life in the form of capital punishment. (source: 702.co.za) TURKEY: MHP leader urges death penalty bill amid EU tensionsOpposition leader Devlet Bahceli calls on ruling AK Party to send parliament bill to reinstate capital punishment Turkey's Nationalist Movement Party's leader (MHP) Devlet Bahceli gives a speech during his party's group meeting at the The Grand National Assembly of The opposition Nationalist Movement Party (MHP) on Tuesday urged the ruling Justice and Development (AK) Party to submit a bill to reinstate capital punishment amid tensions with the European Union, which does not allow the death penalty among member states. "The AK Party should submit a bill on capital punishment to the Turkish parliament as soon as possible now that the European Parliament does not want it and uses it as an excuse to end relations [with Turkey]," Devlet Bahceli told MHP parliamentary deputies, referring to last week's non-binding EP vote calling for a freeze on Turkey???s EU accession talks. Turkey is an EU membership candidate, and it abolished the death penalty in 2004. Since the July 15 defeated coup, which martyred 248 people and wounded nearly 2,000 others, many officials have called for the death penalty to be reinstated for the putschists. Days after the coup, on July 19, Bahceli voiced support for bringing back the death penalty, and on Nov. 1, he said his party would support the AK Party government if it chooses to go
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Nov. 28 UNITED KINGDOM: Paul Nuttall elected leader of UKIP leader in landslide victoryThe MEP for North West England and former deputy party leader saw off the competition to win 62.6 % of the vote Paul Nuttall has been elected as the new leader of UKIP, taking over from interim leader Nigel Farage after a period of turbulence for the party. The MEP for North West England and former deputy leader comfortably saw off the competition to win 62.6 % of the more than 15,000 members who voted. 2nd placed was former co-chair Suzanne Evans, who got 2,973 votes (19.3 %), with Welsh activist John Rees-Evans in 3rd place with 2,775 votes (18.1 %). In his victory speech Nuttall said: "Only unity breeds success. People do not vote, join or donate to divided parties. "So those within the party who want to come together and unite I say 'we have a great and successful future'. "To those who do not want to unify and want to continue fighting the battles of the past, then I'm afraid your time in UKIP is coming to an end." The contest was triggered after Diane James resigned as leader earlier this month, just 18 days into the job following her victory at the last race in September. Nuttall was the clear favourite in the contest from the moment he declared his bid and positioned himself as the "unity" candidate hoping to smooth over fractious rows in the party. He launched his campaign after MEP Steven Woolfe quit UKIP and dropped out of the race following an altercation with colleague Mike Hookem landed him in hospital. The race also saw fellow MEP Bill Etheridge, London Assembly member Peter Whittle and Raheem Kassam, a former aide to Nigel Farage, put themselves forward only to withdraw later. Nuttall now faces a fight to keep UKIP relevant in the aftermath of the EU referendum and amid dire financial circumstances after the party received less in donations than the BNP in the last reported period. The central tenet of his plan is to win further votes from former Labour supporters after UKIP made major inroads in Labour heartlands at the last election. Elsewhere, Mr Nuttall has said he would back the return of the death penalty for child killers if it were put to the country in a referendum. "I would vote in favour of the return of the death penalty for people who kill children, people like Ian Brady, people like Ian Huntley, which is what the majority of British people want," he said earlier this month. (source: holyrood.com) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
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Nov. 28 VIETNAM: 6 arrested in drug smuggling busts over the weekend About 100 kilograms of heroin and 60 kilograms of marijuana were seized on Saturday. 6 Vietnamese and Laotian people were arrested for smuggling heroin and marijuana on Saturday as Vietnamese authorities increased their crackdown on criminals. Police in the northern province of Phu Tho arrested 4 men at 11 p.m. on Saturday who were carrying about 100kg of heroin in 2 cars in Viet Tri. Vang A Cang (42), Mua A La (43), Mua A Sau (30) and Vang A Du (28) all come from the Moc Chau District in the mountainous province of Son La, which borders Laos. Cang, the gang leader, had promised to pay La and Sau VND100 million ($4,327) each, and Du VND200 million ($8,654). Also on Saturday, border guards and police in Vietnam's central province of Ha Tinh detained 2 Laotian men for smuggling about 60kg of marijuana across the border. The men, 31 and 17, were arrested near Vietnam's Can Treo International Border Gate in Ha Tinh Province at 8 p.m. on Saturday. The Laotians said they intended to carry the drugs from Laos to sell in Vietnam. On October 24, 2 other Laotian men were also arrested in Vietnam's central province of Thanh Hoa for smuggling nearly 23kg of heroin across the border. Vietnam has some of the world's toughest drug laws. Those convicted of possessing or smuggling more than 75 kilograms of marijuana, more than 600 grams of heroin, more than 5 kilograms of hashish, or more than 2.5 kilograms of methamphetamine face the death penalty. The production or sale of 100 grams of heroin or 300 grams of other illegal narcotics is also punishable by death. Although the laws are strictly enforced with capital punishment handed down regularly, drug running continues in border areas. Several drug raids are reported at the Vietnam-Laos border every month. (source: vnexpress.net) TURKEY: AKP deputy head Turkes says he is against reintroduction of death penalty Ruling Justice and Development Party (AKP) Deputy Chair Tugrul Turkes has said he is against the reintroduction of the death penalty, a hotly-debated issue since Turkey's failed July 15 military coup attempt. "I think the reintroduction will bring more harm than benefits. It's also difficult to bring it back," Turkes told daily Hurryet, adding that he had voiced his opinion on many platforms. "We've been talking about this with our lawmaker friends and they all know that I'm against it," he said. Turkes also stated thatconstitutional changes were not possible under the state of emergency in Turkey, commenting on recent debates on a charter change. "The charter cannot be changed under the state of emergency," Tugrul Turkes told daily Hurriyet, adding that charter changes were absolute agreement texts. "Charter changes are absolute agreement texts. The Republican People's Party is the main opposition and carries responsibilities," he also said. Saying the "CHP cannot solve the constitutional change issue on the street," Turkes said the decision to lengthen the state of emergency had not yet been given. "We'll see if the state of emergency will be extended, but a country in a state of emergency cannot change its constitution," he added. Turkey declared a 3-month long state of emergency after the July 15 failed coup attempt, widely believed to have been masterminded by the followers of the U.S.-based Islamic preacher Fethullah Gulen. It was later extended for another 3 months. During his interview, Turkes also said his ideas on the timing of the constitutional change may cause debates inside the party. "If it creates a debate it's fine because this needs to be discussed inside the party," he also said. (source: Hurriyet Daily News) INDIA: HC acquits 3 death convicts in murder case Citing severe discrepancies in the prosecution's case, the Hyderabad high court on Friday acquitted 3 convicts, who were sentenced to death in a murder for gain case.The bench, comprising Justice Sanjay Kumar and Justice M Seetharama Murti, acquitted Yekkaluri Siva Krishna alias Yogi, Akkinapalli Muralikrishna alias Murali, and Pappula Amar Nageswara Rao, who were accused of murdering Banawath Badya Naik, an engineer at Nagarjunasagar project in 2011. Earlier, a special sessions judge-cum-IV additional district judge of Guntur had sentenced them, natives of Dachepalli of Guntur district, to death. On February 26, 2011, the 3 picked up Daravath Badya Naik, while he was returning from Vijayawada after meeting his son in a college hostel. They killed the engineer when he resisted them and dumped the body in a canal, before escaping with some gold and Rs 3,500 in cash. . AP's public prosecutor Posani Venkateswarlu justified the death penalty for the accused on the ground that they were notorious decoits who would not hesitate to kill their victims even for smaller gains. He said the state would appeal
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Nov. 27 IRAN: Iranian Court Sentences Another Juvenile Offender to Death Iran Human Rights has obtained information about an 18-year-old juvenile offender detained in Sanandaj Prison who was recently sentenced to death by an Iranian court. His case file was reportedly sent to Iran's Supreme Court for review. According to close sources, Ayoub Shahbazi, who was born on August 30, 1998, was arrested by Iranian authorities in 2014 and charged with murder at the age of 16. "When Ayoub was a young child, he lost his father. Due to financial poverty, Ayoub was unable to attend school and therefore is illiterate. From a young age, he was working with his mother cleaning people's homes. 4 years ago, because he had no one to guide him, Ayoub became a drug addict. He ended up killing 1 of his own family members for money," a confirmed source tells Iran Human Rights. Under the United Nations Convention on the Rights of the Child, which Iran is a signatory to, the Iranian authorities have an obligation to not issue the death penalty sentence for offenses committed under the age of 18. According to Article 91 of Iran's revised Islamic Penal Code, it is up to the presiding judge's discretion to deem the juvenile mature enough to understand the nature of the offense: "In the cases of offenses punishable by hadd or qisas, if mature people under eighteen years do not realize the nature of the crime committed or its prohibition, or of there is uncertainty about their full mental development, according to their age, they shall be sentenced to the punishments prescribed in this chapter." The Islamic Penal Code puts the age of criminal responsibility for males at 15 and 9 for females. Ayoub Shahbazi is the latest juvenile offender to receive a death sentence by an Iranian court. In August 2016, Iran Human Rights published a report identifying seven juvenile offenders on death row. (source: Iran Human Rights) PHILIPPINES: Lawmakers urged to reject revival of death penaltyAmnesty International says bringing back the death penalty would be a 'major setback' for human rights and would also be a violation of the Philippines' obligations under international law Global human rights group Amnesty International urged lawmakers in the country to reject the revival of the death penalty, one of the priority bills of President Rodrigo Duterte. "The re-introduction of the death penalty would not only represent a major setback for the promotion and protection of human rights in the country but also violate the Philippines' obligations under international law," said Amnesty International in a statement on Friday, November 25. "The Philippines, which fully abolished the death penalty for the second time in 2006, is party to an international treaty that categorically prohibits executions and commits the country to the abolition of this punishment. These obligations cannot be withdrawn at any time." In his 1st month in office, Duterte had asked lawmakers to revive the death penalty, especially for drug traffickers. The war on drugs has been one of the key campaigns of the government since Duterte took office last June 30. For the President, the death penalty is a way to exact payment from a perpetrator of a heinous crime. Speaker Pantaleon Alvarez earlier led several lawmakers in filing measures seeking to restore capital punishment for heinous crimes. The Speaker wants the House of Representatives to pass the consolidated version of the bills on 3rd and final reading by December. Last month, the House justice committee also recommended the reimposition of the death penalty for drug-related cases. The House independent minority bloc has accused the justice committee of "railroading" the passage of the death penalty bills. At the Senate, Senator Manny Pacquiao has also echoed Duterte's desire to bring back the death penalty. Pacquiao even went as far as saying that God supports the death penalty to "punish" and "discipline wrongdoers." Amnesty International and other human rights groups have long said, however, that there is no evidence to prove that the imposition of capital punishment deters crime. "There is no conclusive evidence that the death penalty has a deterrent effect. Statistics from countries that have abolished the death penalty show that the absence of the death penalty has not resulted in an increase in the crimes previously subject to capital punishment, while evidence shows that punitive policies have little influence on the prevalence of drug use," Amnesty International reiterated on Friday. The Philippine government, the group also pointed out, has been issuing appeals on behalf of Filipinos on death row in other countries. "[Reviving the death penalty would] undermine the country's strong track record of advocating for the commutation of the death sentences imposed on Filipino nationals abroad, such as overseas
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Nov. 26 SOUTH KOREA: South Korean bishops to campaign against capital punishment The Catholic bishops' conference of South Korea, is renewing its opposition to the death penalty with an awareness-raising campaign utilizing media, education and cultural events. The Subcommittee for the Abolition of Capital Punishment held its annual plenary and talked about how to further promote the church's stance on the death penalty to Korean society. The subcommittee will campaign against capital punishment by publishing op-eds and articles by respected individuals from the church and other organizations including secular ones. Along with this, they plan to produce education material targeting middle and high school students by the end of this year. They will also design a special performance on the occasion of the World Day Against the Death Penalty on Nov. 30. The bishops' committee will aid the campaign by holding a discussion and concert on Dec. 18 in Chucheon, Gangwon province. The Catholic Church in Korea has long been trying to get capital punishment abolished even though the country has not carried out an execution since 1997. (source: radiovaticana.va) SRI LANKA: Sri Lanka sentences 18 to death in US tea firm case A court in Sri Lanka has given death sentences to 18 men over murdering a US tea company executive in the capital Colombo 3 years ago, the largest group to be condemned in a single trial in the South Asian country. The High Court of Sri Lanka on Friday found the men, who were members of a criminal gang, guilty of hacking and beating Nihal Perera to death, in Deraniyagala, a township on the outskirts of the capital, in July 2013. The 71-year-old victim, a Sri Lankan national, was the superintendent of the Noori Estate tea plantation run by Texas-based firm Walters Bay, and his tragic death caused a massive public outcry against the police at the time. The protesters accused the police of incapability to deal with criminal gangs allegedly led by members of the country's former President Mahinda Rajapaksa's party. 21 men were arrested at the time on homicide charges and trial commenced in February 2015, with around 20 witnesses giving testimonies. On Friday, however, 3 of the suspects were acquitted. "Among the men condemned today is a politician (from Rajapaksa's party) who headed a local government council in the area," AFP quoted an unnamed court official as saying, adding that the "victim had been hacked to death because he stood up to the criminal activities of the gang." The accused were also found guilty of inflicting grievous hurt upon 3 employees of the tea firm at the time. Sri Lankan courts usually give death sentences for rape, homicide and drug-related crimes, but the verdicts are regularly commuted to life sentences because of an unofficial moratorium on the death penalty. (source: presstv.ir) TURKEY: Erdogan warns EU he will sign death penalty law if MPs approve Turkish President Recep Tayyip Erdogan on Friday warned the European Union he would sign a law bringing back the death penalty if it was approved by parliament. "Democracy, it's respecting the people's will," Erdogan said in a speech in Istanbul. "If the people say 'we want the death penalty'... and this goes to parliament and parliament passes it and it comes to me, I declare I will approve this," he added. Erdogan was speaking hours after he had rattled Europe by threatening to open Turkey's borders to allow migrants to reach the EU, in a move that would tear up a landmark deal signed in March that has reduced the refugee flow. He made his remarks in response to the cheering crowds' chants of "we want the death penalty", an oft-repeated call during his rallies since the July 15 failed coup. "When you want the death penalty, the gentlemen are uncomfortable," he said, apparently referring to EU officials. Erdogan said that if he signed the death penalty back into law, it would likely be blocked by the European Court of Human Rights (ECHR), but this did not concern him. "I say, it doesn't bother me. Because the European Court of Human Rights gives a lot of decisions, we know it very well... this people's will, yes this is a will that must be respected by everyone." EU officials have repeatedly made clear that bringing back the death penalty would end Turkey's bid for membership, which sets abolishing capital punishment as a condition. Turkey completely abolished the death penalty in 2004 as part of its accession process. The move meant the 1999 death sentence for Kurdish separatist leader Abdullah Ocalan was commuted to life behind bars. No judicial executions have taken place in the country since left-wing militant Hidir Aslan was hanged on October 25, 1984 in the wake of the 1980 military coup. (source: digitaljournal.com) EGYPT: Irish student facing death penalty in Egypt after Ireland's appeal
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Nov. 25 INDIA: Do the December 2012 gangrape convicts really deserve the death penalty?Supreme Court's amicus curiae points out the pitfalls of a collective punishment for murder in the absence of any evidence of premeditation. If the December 2012 Delhi gang-rape roiled the nation like no other case and even led to legal reforms, it was surely due to the brutality of the violence suffered by the victim, who has widely come to be known as Nirbhaya. What has not however been judicially established is the identity of the 1 out of the 6 accused persons on the bus who had actually inflicted the fatal injuries with an iron rod. This gap in the narrative has been flagged by the Supreme Court's amicus curiae, senior advocate Raju Ramachandran, while providing an independent appraisal of the death sentence pronounced by the lower courts on the 4 convicted persons in the 2012 Delhi rape case. In his written submissions earlier this month, Ramachandran raised a host of procedural and substantive issues questioning the order of sentencing by the trial court in 2013 and the confirmation of the death penalty by the Delhi high court in 2014. One of the substantive issues is that in the sentencing process, those 2 courts did not take into account this mitigating circumstance in favour of all the convicted persons: "that there was no attribution of individual role with respect to the use of the iron rod". Objecting to the idea of sentencing the convicted persons in a "collective" manner, Ramachandran said: "It may be pertinent to note that the use of the iron rod was a crucial consideration in convicting the accused under section 302 (for murder) and also in determining the brutality of the crime." He even cited Supreme Court precedents rejecting the death penalty "for lack of attribution of specific roles". Exception - not the norm Significantly, this is the 3rd high-profile case in which Ramachandran came out in the apex court against the death penalty. The earlier ones were about the hanging of Ajmal Kasab for 26/11 and Yakub Memon for Bombay blasts. Ramachandran's stand in the latest case is also in tune with the reservations to the death penalty expressed by scholars and women's groups before the Justice JS Verma Committee, which had been set up in the aftermath of the 2012 Delhi rape case to tighten the provisions relating to sexual crimes. The most telling precedent cited by Ramachandran to buttress his arguments against the death penalty in the case is the 1953 Supreme Court verdict in Dalip Singh vs State of Punjab. This belongs to the era when the courts, governed by the criminal law of colonial vintage, were justified in awarding death penalties as a matter of course. For the 1898 Code of Criminal Procedure required that if the court refrained from awarding death for an offence punishable with death, it would have to give reasons why the death sentence was not passed. It was only subsequent to the 1953 Dalip Singh verdict that Parliament reversed the law to stipulate that for offences punishable with death, the court shall give special reasons for awarding the death penalty. Yet, while deciding the Dalip Singh case prior to the liberalisation of the criminal law, the Supreme Court held that the failure of the lower courts to ascribe an individual role to the accused was a reason for setting aside the death penalty. This, the amicus curiae in the 2012 Delhi rape case, has interpreted to mean that "surely, under the new code when life imprisonment is the norm and death the exception - the lack of individual role must be a major mitigating circumstance". Planned and premeditated? On another substantive issue, Ramachandran said that there was no evidence on record "to demonstrate that the rape and murder of the victim was planned and premeditated." According to him, the testimonies of neither her male friend who was with the young woman on the fateful bus journey nor the previous male victim who had been robbed and thrown out by the same accused persons suggest any premeditation. "The accused never knew the victim or had any occasion to believe that she would be present at the relevant spot on the fateful day," Ramachandran added. In the written submissions that otherwise steered clear of the merits of the conviction of the four accused persons, this was as close as Ramachandran could get to challenging the finding of conspiracy in the case. So does his critique of the death sentence in the 2012 Delhi case necessarily mean that the 4 convicted persons should have instead been awarded a life sentence, subject to the usual remission after a term of 14 years? For all his opposition to the death penalty, Ramachandran conceded that the prospect of a 14-year incarceration for the guilty in the 2012 Delhi rape case might be inadequate. He pointed therefore to the 3rd option for sentencing created by the Supreme Court in 2008,
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Nov. 23 BAHAMAS: Bishop Hanchell Backs Use Of Death Penalty Despite calls by Archbishop of the Catholic Archdiocese Patrick Pinder for regional legislators to abolish the death penalty, another religious leader has come forward with demands for the enforcement of capital punishment. In a detailed statement to the press on Monday, Citizens for Justice (CFJ) Chairman and local bishop, Walter Hanchell said he disagrees with the archbishop's position on the issue, calling it "biblically and morally" contrary to scripture. Bishop Hanchell, of Great Commission Ministries, said his church remains a firm supporter of "restorative justice" for all those convicted of crimes other than murder. For those convicted of murder, Bishop Hanchell said they ought to "suffer the penalty of death for their crimes as prescribed by law". Archbishop Pinder, last week, in a joint pastoral statement from the Bishops of the Antilles Episcopal Conference (AEC) in commemoration of the Catholic Church's Extraordinary Jubilee Year of Mercy, urged governments and citizens in the region to abolish capital punishment. 19 bishops signed the statement. The statement said to take away a person's "basic right to immunity from fatal harm" is to "compromise his/her sacred dignity". "However, responding to these claims on Monday, Bishop Hanchell suggested that capital punishment was not an act conceived in the mind of any human being, but was an act instituted by God according to scripture to "punish and remove" murderers from society. "It was never meant to be a deterrent even though studies show that it most certainly is," wrote Bishop Hanchell. "Cries that capital punishment is inhumane and barbaric in the 21st century are irrational when we consider that God has not changed and his word, which is His will for mankind, certainly has not changed and never will. "The Holy Bible in both the Old Testament and the New Testament commands that persons guilty of committing the crime of murder be punished by death. God is both a God of love and a God of justice. "All moral laws, including capital punishment, have their root in the Bible. A close study of scripture will reveal that the death penalty was always mandatory except in cases of accidental or intentional death. The word of God is clear concerning punishment for murder and no bishop, government, parliament, judiciary or agency such as Amnesty International, has the power or authority to overrule the laws of God," he added. Bishop Hanchell said rather than advocate for the removal of a law, perhaps religious and political leaders should look at the plight of the thousands of children who are left fatherless and the families who mourn the loss of their loved ones because of senseless killings. "If you believe that human life is a sacred gift from God, then why is the life of a wicked murderer more precious than that of his innocent victim? Nobody has the right to take a life except the state in capital offences." Analysing the issue from a political perspective, Bishop Hanchell noted that despite the valiant efforts of the police force, the government and legislators have intentionally refused to enforce the laws of the Bahamas to the detriment of all who live here. "The ruling Progressive Liberal Party (PLP) government led by Prime Minister Perry Christie did not carry out a single execution during their first term in office from 2002 to 2007. While serving as the Leader of the Opposition in 2011, Mr Christie declared his party's support for capital punishment. Despite record murder statistics in the current term, not a single person has been executed for the hundreds of brutal murders that have been committed in the Bahamas over the past 15 plus years." The last time capital punishment was carried out was in 2000. Bishop Hanchell said politicians who were elected to enforce the law have failed "miserably in this endeavour." He added: "In March 2006, the Privy Council ruled that the mandatory death sentence was unconstitutional. Members of Citizens For Justice believe that this ruling was flawed since the Constitution of The Bahamas clearly makes capital punishment legal. "Capital punishment has long been abolished in the United Kingdom and most of Europe and we are of the view that members of the Privy Council have attempted to bring an end to the practice in The Bahamas." In June 2011, the Privy Council overturned Maxo Tido's death sentence in connection with the killing of 16-year-old Donnell Connover, whose body was found off Cowpen Road, battered and bruised and her skull crushed. There was additional evidence that parts of her body were burned after her death. But the Privy Council concluded that the murder was not an example of the "worst of the worst." In November 2011, Parliament passed legislation to define the types of murder constituting the "worst of the worst" guidelines set out
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Nov. 22 PAKISTAN: Pakistan army chief Raheel Sharif confirms death sentence of 10 terroristsThe 10 condemned terrorists were given capital punishment by special military courts set-up after the 2014 Peshawar school attack for speedy trial of terrorists. Ahead of his retirement, Pakistan Army chief General Raheel Sharif Tuesday confirmed death sentence handed down to 10 "hardcore terrorists" by military courts for their involvement in killing 4 commandos and other heinous offences related to terrorism. The 10 condemned terrorists were given capital punishment by special military courts set-up after the 2014 Peshawar school attack for speedy trial of terrorists. "Today, Chief of Army Staff confirmed death sentences awarded to another 10 hardcore terrorists who were involved in heinous offences related to terrorism, including killing of innocent civilians," army said in a statement. The militants had also slaughtered Special Services Group's 4 commandos who had been captured and mercilessly killed during Swat operation of 2009. Army said the convicts also planned and executed attacks on Armed Forces and Law Enforcement Agencies of Pakistan which resulted in deaths and injuries to several soldiers. They were also involved in destruction of educational institutions and communication infrastructure. Fire-arms and explosives were also recovered from their possession. The military courts were set up in Pakistan to expedite the trial process for terror-related offences following the December 2014 Taliban's massacre at an army-run school in Peshawar in which over 150 people, mostly school children, were killed. Following the attack, the government had lifted the moratorium on the death penalty and the Parliament passed the 21st amendment which established military courts which was challenged in the Supreme Court. The apex court ruled in favour of setting up of the courts in August last year. It is not known where the trial was held and when the verdict of conviction announced, as the military courts work in secrecy due to fear of backlash by militants. Raheel will end his 3-year term as army chief on November 29. (source: indianexpress.com) SOUTH AFRICA: Should criminals be hanged by the neck? Should violent criminals in our ravaged society be hanged by the neck to pay for their crimes? For some, this is justice. For others, it's an act of barbarism that simply reinforces the violence in a society. And still for others, it is a hideous ghost from the gallows of apartheid where people were hanged simply for their political affiliation. It is not a comfortable question, but one which sits on the lips of many South Africans outraged by how murder, rape, gang rape and violent assault have become a norm in society. Now, the Institute for Race Relations has just released a report that says 4 of the 5 main arguments against capital punishment can be debated without conclusion - but it is the "possibility of error" that really cements capital punishment as a "no go" area. IRR security analyst Kerwin Lebone said: "Almost 500,000 people have been murdered by violent criminals since 1994. Many more have been maimed, otherwise injured, or traumatised. It must be expected that the society might ask questions of the wisdom of having abandoned the death penalty." In its research, the IRR tested 5 objections to the death penalty: That it is cruel and unusual, that it is a form of retribution, that it is arbitrary, that the penalty is not a deterrent to crime, and that an irreversible error can be made. According to a statement released by the IRR, it was "able to overcome the first 4 objections. It found that the death penalty is not necessarily cruel and unusual. Society is entitled to a measure of retribution. The arbitrariness is not unique to that form of punishment. The international evidence is mixed but, in South Africa's unique circumstances, the death penalty could well be a deterrent to the commission of the most cruel and violent of crimes." But, the IRR found that "the most compelling argument against the punishment was the possibility of error" - particularly in the case of the South African criminal justice system. The IRR said that, while a case could be made to reopen a debate into the death penalty, this debate would have to overcome the 5th objection to that penalty. Barend van Niekerk, a fervent death penalty abolitionist, said in 1967 that "47% of the executions in the world were carried out in South Africa". According to the IRR, it is a figure that was "questioned but never refuted". Up until 1989, when executions were stopped in SA, around 4,000 had been capitally punished in the country in the 80 preceding years. Today, "technological advances (like DNA testing)" could reduce the risk of error, as could "better police and prosecutorial procedures". However, even if all precautions were taken,
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Nov. 22 VIETNAM: A 73-year-old Aussie woman has had her death penalty reduced to life in Vietnam An appeals court in Vietnam has commuted the death sentence of a 73-year-old Australian woman convicted of heroin trafficking. The online state media outlet Vietnamnet quoted the People's High Court in Ho Chi Minh City as citing Nguyen Thi Huong's sincere confession and age for granting leniency. The sentence was reduced to life in prison at the appeals trial on Monday. Court officials were not available for comment on Tuesday. Huong was sentenced to death in June after being convicted of trafficking over a kilo of heroin. She was arrested in December 2014 when checking in for a flight to Australia after the heroin was found hidden in 36 bars of soap in her luggage. The court originally ruled that the offence was "extremely dangerous to the community" and found her guilty. She would have faced death by lethal injection. Huong has always maintained her innocence saying the bars of soap were given to her and she planned to take them back to Australia as gifts for family not knowing what was inside. Vietnam has some of the world's toughest drug laws where trafficking even small amounts of heroin is punishable by death. (source: ntnews.com.au) MALAYSIA: Death sentences reduced to 20 years by Malaysian court 2 Turkish Cypriots, who appealed death sentences imposed on them last year in Malaysia for drug offences had their punishments reduced to 20 years' imprisonment, the foreign ministry announced on Tuesday. "The supreme court of Malaysia, met yesterday, November 21, 2016 to hear the appeal of Cypriot nationals Mehmet Ucaner Oktay and Muhammet Osman, against the death penalty imposed on them by the first instance court following their arrest for possession and drug trafficking," a statement from the foreign ministry said. "The supreme court quashed the first instance judgment, and instead condemned the said persons to 20 years in prison. 1 of the 2 was also sentenced to 10 lashes." The ministry said the sentences will run from November 5, 2011, the date on which the pair, said to be aged 67 and 57, were arrested at Kuala Lumpur Airport after arriving on a flight from Dubai. They have been in prison since then after being found to be in possession of a large quantity of unspecified drugs, found in their luggage. The initial court decision, in April last year, ruled they be hanged for their crimes, with the death sentence being mandatory for those found guilty of drugs trafficking in Malaysia. "From the time of their arrest, until the final decision, full consular assistance was provided by the foreign ministry, which included frequent visits to prisons by consular officers of the high commission of the republic in New Delhi, financial and psychological support, and most importantly, the delegation of a suitable law firm for their defence, which resulted in the result reported," the statement continued. "The ministry of foreign affairs and particularly the high commission in New Delhi had, throughout the judicial process excellent cooperation both with the prisoners themselves and their families and with their defence lawyers. It is noted that the handling of the whole matter took into account the seriousness of the offence for which both Cypriot nationals were accused, but also the principled position of the republic against the death penalty." (source: cyprus-mail.com) SUDAN: Apostasy and blasphemy laws curtail freedoms The fate of the 2 Sudanese pastors facing espionage and apostasy charges in Sudan remains unknown, despite some movement in the case. Open Doors, the charity that serves persecuted Christians around the world, reports that after many delays this year, lawyers have finally been able to begin their defense of the 4 men - 2 Sudanese pastors, a Czech aid worker, and a 3rd Sudanese man. Middle East Concern sources note multiple postponements, with no updates coming from the November 21rst hearing. The 4 are accused of 7 charges, including waging war against the state and spying, and face the death penalty if convicted. It seems like an unusually harsh penalty, and yet Sudan is one of 12 countries in the world where there are both apostasy and blasphemy laws in force. It's a diverse nation, especially where Arabic culture meets African culture. Islam became more prevalent when Sudan and South Sudan separated, with the North becoming 90 % Muslim. According to the Joshua Project, 5 % of the population in Sudan is considered Christian, with just .39 % claiming to be evangelical. The rest are animists, adds 'K'*, a man who advocates for religious freedom in the Muslim world. 'K' says it would be unfair to consider Sudan an Islamic country. "If you say it is an Islamic state, there is no place for non-Muslims. Faith is nothing you can force on anybody. Faith actually has to come from the heart.
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Nov. 21 BANGLADESH: N'ganj murders: prosecution seeks death for all charged The 2 cases filed over the sensational murders from 2014 reached final stage of hearing at the court of District and Sessions Judge Syed Enayet Hossain. Public prosecutor Wazed Ali Khokon presented arguments from 9am to 1pm on Monday. Defence lawyers for 15 of the accused, after presenting counter arguments, sought acquittal for their clients. Arguments for 20 more charged in the cases will be heard on Tuesday. The court will schedule the verdict after both sides finish their statements. The prosecution has successfully proven all charges including planning, abduction, murder and attempts made to hide the bodies, said prosecutor Wazed. "The prosecution has sought maximum penalty for the accused. We pleaded for their execution by hanging," he said. But defence lawyer Md Sultanuzzaman said: "The prosecution can seek the death penalty because the law allows it. But we will present our arguments and plead for acquittal." Narayanganj City Corporation Councillor Nazrul Islam, advocate Chandan Kumar Sarkar and 5 others were abducted on Apr 27, 2014 from Lamaparha on the Dhaka-Narayanganj link road. 3 days later, their bodies were found in the Shitalakkhya River. After investigation, police submitted chargesheets in 2 cases filed over the murders, accusing former city councillor Nur Hossain and 34 others, including former RAB personnel. (source: bdnews24.com) THAILAND: Only 3 5 of people support death penalty for buying and selling of official positions Over 90 % of respondents in a poll agree with life imprisonment for people who buy or sell positions in government services and more than 1/2 of them support police reforms, according to results of the Super Poll research office. The poll was conducted during October 15-19 among 440 samples who are police officers attached to police stations. They were asked about, among others, how they feel about police reforms and about a recent proposal that people who buy or sell official positions should face the maximum penalty of death instead of life imprisonment. The poll shows only 3.3 % of the respondents agree with death penalty for those who buy or sell official positions and 96.7 % prefer life imprisonment as the maximum penalty. 30.9 % say it is not yet time for police reforms while 69.1 % want the police organization to be reformed. Regarding police reforms, 36.1 % of the respondents want to see reform in public safety aspect, 30.6 % want police reshuffle to be reformed, 18.2 % want legal reforms and 8.2 % want the laws governing police performance to be reformed. (source: pattayamail.com) MAURITANIA: Muslim clerics urge for blogger's death penalty to be applied The blogger's post on Islam and racial discrimination was said to have provoked many in a country where the caste system remains a sensitive subject. He was sentenced to death in 2014 for apostasy. According to a protester, his post was act of indignity. "We are here in the front of the court supreme, all the people of Mauritania. Our demand, our first demand to execute this criminal. The prophet Mohammed is our honour, nobody has right to talk about him. He is our prophet from our religion Islam. We are demanding his execution", she stressed. Mauritania has not applied a death penalty since 1987 but on Sunday, the influential Forum of Imams and Ulemas issued an Islamic decree, calling for Mkhaitir's death sentence. "The government has to stop people like this and those who do similar things. They need to be punished according to sharia law without reservations. This apostasy case has been one of the biggest we have seen in the last few years" says the president of National Union of Imams of Mauritania, Mohamed Lemine. Amnesty International and Reporters without Borders have campaigned for Mkhaitir's pardon and release. (source: allafricanews.com) UNITED ARAB EMIRATES: Dubai security chief reveals anti-drug officer plan for schools All Dubai schools are to have an anti-drug officer by the end of the year as part of efforts to prevent the spread of narcotics, the emirate's security chief has said. Lt General Dahi Khalfan bin Tamim, Head of General Security in Dubai, revealed the plans to a narcotics conference yesterday. He also called for the death penalty to be pursued against all drug suppliers and dealers. At present, Dubai prosecutors do not usually request the death penalty, although the request to the judge is common in Abu Dhabi courts. He said: "Police and the anti-narcotics department are cooperating to arrest all suspects wanted for drug-related crimes. Until now police have arrested 78 % of suspects wanted for drug trafficking crimes." Dubai Police chief Tamim said that the department of anti-narcotics in Dubai targets arresting all drug traffickers and dealers by the end of this year. He added:
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Nov. 20 NIGERIA/SINGAPORE: Dabiri-Erewa laments execution of Nigerian in Singapore The Senior Special Assistant to the President on Foreign Affairs and Diaspora, Hon Abike Dabiri-Erewa, has described the execution of a Nigerian in Singapore on Friday for drug related offences as heartbreaking. She also urged Nigerians to avoid drug trafficking which can result in similar executions. In a statement issued in Abuja by her Special Assistant on Media, Abdur-Rahman Balogun, 'titled Execution of a Nigerian in Singapore, Heartbreaking - Dabiri-Erewa' the SSA said the planned execution was heartbreaking despite repeated warnings to Nigerians to obey the laws of the land of their host countries. Dabiri-Erewa said since Singapore determined to enforce its laws as a deterrent to drug trafficking, which has reduced as a result of its stringent capital punishment, nothing much can be done "While we regret the death of the Nigerian, we once again appeal to Nigerians to avoid crimes like drug trafficking with most countries especially in Asia declaring zero tolerance for drug trafficking", she stated. She reiterated her appeal to Nigerians to avoid drug peddling in their host countries, as the laws of such countries, whether acceptable or not, will be difficult to influence. A Nigerian, Chijoke Obioha was caught in Singapore trafficking in hard drugs on December 30, 2008 with his execution slated for and carried out on Friday, November 18. Obioha was arrested with more than 2.6 kilogrammes of cannabis, surpassing the statutory amount of 500 grammes presumed as drug trafficking in Singapore on April 9, 2007. The international watchdog, Amnesty International had called on Singapore to halt Friday's planned execution of Obioha, a Nigerian national on death row for possession of drugs, a demand which was ignored. Obioha's family was informed that his appeal for clemency was rejected. Rafendi Djamin, Amnesty International's Director for South-East Asia and the Pacific, said: "The death penalty is never the solution. It will not rid Singapore of drugs. By executing people for drug-related offences, which do not meet the threshold of most serious crimes, Singapore is violating international law. Under Singaporean law, when there is a presumption of drug possession and trafficking, the burden of proof shifts from the prosecutor to the defendant. This violates the right to a fair trial by turning the presumption of innocence on its head. Drug-related offences do not meet the threshold of the "most serious crimes" to which the use of the death penalty must be restricted under international law. International law also prohibits the imposition of the death penalty as a mandatory punishment and Amnesty International opposes the use of the death penalty outright, regardless of the crime. (source: today.ng) ** . . Chijioke Obioha: Lesson Not Learnt A Nigerian, 38 year old Chijioke Obioha, was executed recently in Singapore after he was found guilty of possessing 2.6 kilograms of cannabis (Indian hemp). He was caught with the substance in April of 2007 and sentenced to death in 2008. Under Singaporean laws, possession of drugs beyond 500 grams attracts the death penalty. The Nigerian High Commission in that country made futile effort to save his life by appealing for clemency. The Singapore embarkation card contains a warning to visitors about the death penalty for drug trafficking under the Misuse of Drugs Act. Warning signs can also be found at the Johor-Singapore Causeway and other border entries. Singapore has had capital punishment since it was a British colony and became independent before the United Kingdom abolished capital punishment. In 2012, however, Singapore amended its laws to exempt some cases from the mandatory death sentence while boosting enforcement. Although the penalty will stay, discretionary measures are now given to judges. Possession of and trade in hard drugs is becoming increasingly dangerous all over the world. To demonstrate the seriousness attached to the campaign against the substances, in certain countries, illegal importing, exporting, sale, or possession of drugs constitute capital offences that may result in the death penalty. According to a 2011 article by the Lawyers Collective, an NGO in India, 32 countries impose capital punishment for offences involving narcotic drugs and psychotropic substances. A 2012 report by Harm Reduction International documents the 33 countries and territories that retain death penalty for drug offences, including 13 in which the sentence is mandatory. Historically, capital punishment has been used in almost every part of the world. Currently, the large majority of countries have either abolished or discontinued the practice. As of 31 August 2016, of the 195 independent states that are UN members or have UN observer status, 56 retain it in both law and
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Nov. 19 GHANA: The death penalty is not a creative response to murder Americans have a saying that runs as follows: "Be careful what you wish for; or you shall get it." Nana Obiri-Boahen's angry call on President John Dramani Mahama to expedite the implementation of the death penalty is scandalously simplistic and grossly misplaced. And if I were Nana Akufo-Addo, the 2016 presidential candidate of the main opposition New Patriotic Party (NPP), under whose John Agyekum-Kufuor-led governance Nana Obiri-Boahen served as a junior cabinet appointee, I would think twice before deciding to appoint this evidently unsavorily impulsive man to any position of great or major responsibility. Definitely not to the very sensitive portfolios of Minister of the Interior, Justice or Defense. For a trained lawyer, Mr. Obiri-Boahen's reaction to the alleged jailbreak attempt by Mr. Johnson Kombian, the notorious criminal convict, leaves much to be desired. Mr. Kombian, who is currently being held at the Nsawam Medium-Security Prison, was sentenced to death by hanging in August last year for murdering two police officers in the northern regional town of Nakpanduri. Either I did not sedulously follow the preceding admittedly heinous event or the hectic duty of writing and publishing virtually on a daily basis, about momentous events in the country, has caused me to so soon forget about the Kombian Affair, as it were. I am, however, very familiar with the name of Mr. Kombian. The exact details of the catalog or chain events leading to Mr. Kombian's crime are also not clear to me; not that such knowledge would in any way extenuate the decidedly repulsive and hideous nature of the crime. What I strongly believe we ought to be looking at, however, are the exact set of circumstances under which such horrendous crimes are committed and also the relative frequency with which they are committed. And then, of course, we can begin to seriously deliberate over the most appropriate statutory response to such crimes. As well, the fact of whether, indeed, the punishment is congruent or commensurate with the crime may also need to be critically examined. I predicate the latter aspect of my argument on the fact that punitive measures, such as that which was reportedly imposed on Mr. Kombian, are intended to serve as a deterrent to both the subject of such punishment and society at large. Now, we don't know why all the 4 presidents the country has had under its Fourth-Republican dispensation, including the swashbuckling and bloodthirsty and pathologically vindictive Chairman Jerry John Rawlings, have each and every one of them flatly refused to implement the death penalty. But what I know for a fact, both through personal experience and studious observation, is that both the legal and judicial systems are not foolproof. And this observation is being made irrespective of the level of development of the country in which the emotionally loaded subject of crime and punishment is being discussed. Here in the United States, for example, presidents and governors who have been either slow or downright reluctant to apply the death penalty have almost invariably done so with significant regard, or attention, to the fact that crime and punishment tend to be highly racialized. In other words, the race and/or ethnicity of the criminal suspect often tends to play a major role in decisions pertaining to both the length and the severity of sentencing. For instance, African-American and Hispanic or Latino criminal suspects convicted of murder are several times more likely to be meted the death penalty than suspects officially classified as "Ethnic Whites" or European-Americans. And I reasonably suspect that while it may not be very obvious, especially to members of Ghana's ethnic majority populace, nevertheless, the frequency of who gets the death penalty imposed on them may very well be ethnically and culturally tinged. Equally significant is the need to factor into the equation the identity, ethnicity and class background of the alleged victims of such heinous crimes. What I clearly see in the Kombian jailbreak attempt is the glaring fact that rather than house this extremely dangerous criminal convict in a "Medium-Security Prison,' Mr. Kombian ought to have been incarcerated in a "Maximum-Security Prison." If Ghana does not yet have a maximum-security prison facility, then this is what professionally trained lawyers like Nana Obiri-Boahen ought to be advocating, and not the knee-jerk and infantile ideology of tit-for-tat. Indeed, were he studiously observant, Nana Obiri-Boahen would since long have come to the morally edifying and practically constructive conclusion that the bloody revolutions undertaken by Chairman Rawlings have not made National Democratic Congress' politicians and that party's machine operatives any remarkably less corrupt than their counterparts
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Nov. 18 SINGAPOREexecutions Nigerian drug trafficker executed after last-minute appeal rejected A 38-year-old Nigerian was executed on Friday (Nov 18) at Changi Prison after his 11th-hour appeal was rejected by the apex court. Chijioke Stephen Obioha was convicted of trafficking in 2.6kg of cannabis - more than 5 times the capital limit of 500g - and sentenced to death in 2008. He appealed against his conviction and sentence, but it was dismissed by the Court of Appeal in 2010. After death penalty laws were amended in 2013, Obioha was asked if he wanted to be considered for resentencing but declined, the Central Narcotics Bureau (CNB) said. But before he was scheduled to hang in May this year, Obioha changed his mind and decided he wanted to submit new evidence and be considered for resentencing. The Court of Appeal rejected his request but ordered a stay of execution to allow him time to file an application for resentencing. However, Obioha withdrew his resentencing application 3 months later. The court subsequently lifted the stay of execution. On Wednesday, 2 days before his execution, Obioha again submitted an appeal for a stay of execution and to commute his death sentence to life imprisonment. The appeal was heard and dismissed by the court on Thursday. CNB said in a news release on Friday that Obioha "had been accorded full due process under the law". 2 petitions to the President for clemency filed by him and by the High Commission of Nigeria had also been turned down, CNB said. Another convicted drug trafficker was also executed on Friday after his 11th-hour appeal was dismissed by the court. Malaysian Devendran Supramaniam, 31, was convicted of importing 83.36g of diamorphine into Singapore - more than 5 times the capital limit of 15g - and sentenced to death in 2014. (source: channelnewsasia.com) * The Noose for Drug Offences: Humanity's Failure This morning, at 6am, the execution of Chijioke Stephen Obioha took place. I am not even sure if his family from Nigeria were able to attend. Soon it will be all forgotten together with Chijioke's name, but for the many of us who fight and campaign to eradicate this barbaric practice of death by hanging, and for those of us who challenge the mandatory death penalty for drug trafficking in Singapore, our work will go on. And it must. Violations to Humanity In Singapore, when drug possession and trafficking is presumed, the burden of proof shifts to the defendant. This is an abhorrent violation of fair trial rights, specifically the presumption of innocence. International law also requires that the use of the death penalty be restricted to the "most serious crimes". The UN Human Rights Committee has on numerous occasions found that drug-related offences do not meet the criterion of "most serious crimes". Siding with the Traffickers? I have written, spoken and fought against the death penalty for drug-related crimes for several years now. In this time, I have been confronted with several questions from the other side of the camp. Some queried my determined obsession to defend these accused persons. "They are just drug traffickers, scums of the earth who bring vile filth to our country." "Drug traffickers deserve the noose, not mercy." "They knew the law, they chose to break it." "Innocent people can be hurt or killed by the drugs." "Do you have a soft spot for traffickers?" "By siding with the accused, you generate false hope." Let me be absolutely clear that I wish all drug traffickers are caught and brought to justice - drugs should never enter this island I call home. There is no doubt that all those who are behind the trafficking of drugs should be caught and brought to justice - not just the mules/couriers, but also the drug lords. But justice cannot be gained by the taking away of another person's life. "An eye for an eye" or "lex talionis" is believed by many to be poetic justice, but for many like me, it is barbaric, unethical and amoral. Many feel that retributive justice is the best response to a crime, but to me, the death penalty attains nothing, deters nothing and solves nothing. Right to Punish v The Right to Kill The debate on death penalty is complex because it isn't shaped by just logic and ideology but is rigged with emotions and personal experience. A provocative topic, it serves no purpose in a modern society and efforts should be refocused to address the core issues which result in the crime in the first place. There is consensus that criminal offending is a symptom of greater societal problems. Using violence to address these symptoms does not abate the problem - in fact, the act of execution as a punishment only further endorses the use of violence. There are several pertinent reasons why I hope the government resists the temptation to simply look tough on crime by preserving the mandatory death penalty.
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Nov. 17 BANGLADESH: Man gets death penalty after 22 years for killing wife; According to the case statement, police recovered the hanging body of Saber Ali's 1st wife Arju Begum from her residence in Hill View Residential area in the port city on October 1 in 1994. A court in Chittagong has awarded death sentence to a man for killing his wife 22 years ago in Chittagong city's Hill View Residential Area. The court of Special Judge Mir Ruhul Amin on Thursday handed down the verdict against Saber Ali, the fugitive accused, after examining the records and witnesses' deposition, Public Prosecutor (PP) Advocate Mesbah Uddin Chowdhury told the Dhaka Tribune. The court also fined the convicted Tk10,000, in default, to serve 12 more months in jail. The court acquitted 2 other accused Monowara Begum, 2nd wife of Saber Ali, and her relative Jamal Hossen, added the PP. PP Mesbah Uddin said the court passed the verdict after taking deposition of 6 witnesses out of 10 and examining all the evidences while the convicted Saber Ali was on the run after walking out from jail on bail. According to the case statement, police recovered the hanging body of Saber Ali's 1st wife Arju Begum from her residence in Hill View Residential area in the port city on October 1 in 1994. Later the deceased's father Nazir Hossain filed a case with Panchlaish police station accusing the 3 mentioning that the trio murdered his daughter following family feud and hanged the body with ceiling. Conducting probe, SI Joynal Abedin pressed the charge sheet to the court implicating the trio in October 12 in 1995 while the court framed the charge against them on April 20 in 1997. PP Mesbah said Saber went into hiding after coming out from jail on bail before submitting charge sheet to the court. (source: Dhaka Tribune) BAHAMAS: Archbishop Calls For End To Death Penalty ARCHBISHOP Patrick Pinder, of the Catholic Archdiocese, yesterday called for the government to abolish the death penalty and focus instead on offender rehabilitation. Archbishop Pinder's remarks came in a joint pastoral statement from the Bishops of the Antilles Episcopal Conference (AEC) in commemoration of the Catholic Church's Extraordinary Jubilee Year of Mercy. The bishops - 19 of whom are signatories to the document - are urging governments and citizens in the region to abolish capital punishment. The statement said to take away a person's "basic right to immunity from fatal harm" is to "compromise his/her sacred dignity". It said while a "climate of lawlessness" is prevalent in the Bahamas and the region, capital punishment does not "assist the criminal to reform," nor does it "assist the victim to restore his or her violated dignity." As such, Archbishop Pinder said the Bahamas, as a member of the AEC, along with the AEC's other regional members, should instead focus on "restorative justice" to bring about true criminal justice reform, which includes addressing the factors that contribute to crime and "strengthening" the capacity of criminal justice systems to address crime and violence. The last person executed in The Bahamas was David Mitchell in January 2000. Given the country's crime woes, many have called for the death penalty to be enforced, in the hope that it would serve as an effective deterrent to criminal activity, particularly for such serious offences as murder. However, the London-based Privy Council has served as an obstacle to the Bahamas carrying out the death penalty, after ruling in 2006 that the mandatory death sentence for murder was unconstitutional. "To reject capital punishment is not to make light of the loss of loved ones and the violation of human dignity and rights experienced by victims of crime," the bishops wrote. "Capital punishment does not assist the criminal to reform, or society to deter. Neither does it assist the victim to restore his or her violated dignity. Only genuine reconciliation can achieve personal satisfaction and restore social order. The process of reconciliation involves conversion, reform, restitution and forgiveness. "In civil society, penal laws and institutions are necessary because the conditions of reconciliation are not often fully met. But the goal of reconciliation, the restoration of moral order to society, is the purpose of those institutions, and it is the purpose of the Christian practice of forgiveness." Archbishop Pinder, along with the other bishops, said the region would be better served addressing the "underlying" causes of criminal activity and to focus on reforming the criminal justice system in their respective countries. "A restorative justice approach focuses on holding the offender accountable in a more meaningful way and helping to achieve a sense of healing for both the victim(s) and the community; it embraces socialisation, rehabilitation and reconciliation rather than retribution and
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Nov. 16 PHILIPPINES: DoJ explains death penalty The Justice department on Tuesday asked the House sub-justice committee on judicial reforms to be given more time to defend its proposal to reimpose death penalty in the country. Appearing before the panel presided by Leyte Rep. Vicente Veloso, Justice Secretary Vitaliano Aguirre was having a hard time answering queries from Albay Rep. Edcel Lagman as to whether capital punishment has been proven effective to deter heinous crimes. "[As of the moment], I have no empirical data to measure the reaction of people to show that because of this fear of the penalty, the commission of crime will be less," Aguirre told the House panel. But he said based on his personal experience, people would be discouraged from committing crimes when they know the death penalty is in effect and will be imposed commensurate to the gravity of crimes they commit. Lagman stressed Congress needs to have cold data and hard statistics on the proposal to reimpose death penalty "so we can validate statements truly after execution cases of drug trafficking and drug abuse has decrease," Lagman said. There should "verifiable evidence," Lagman said. Aguirre also said that death penalty was not actually abolished but merely suspended. "It's always there.. it was not abolished... and that it may be reimposed where there are compelling reasons," Aguirre said. One of the sub-committee members, Para???aque Rep. Gus Tambunting, said the death penalty should be studied well. "Does Government have the right to take away the life of a human being, especially with our flawed justice system. Won't it be anti poor? Will the rich who can leave the country and hire expensive lawyers, get away with it?" Tambunting said as he asked several questions to be considered by Congress before passing a proposal to revive death penalty on heinous crimes. Veloso had earlier stressed the need for Congress to conduct extensive hearings on death penalty, saying restoring the penalty of death on heinous crimes involves administration of justice. He also cited the Constitution and jurisprudence relative to the deliberation on the death penalty proposals. (source: thestandard.com.ph) SINGAPORE: Halt execution now Singapore must immediately halt the execution of Chijioke Stephen Obioha, a Nigerian national on death row for possession of drugs, Amnesty International said today. On Wednesday, Chijioke Stephen Obioha???s family was informed that his appeal for clemency has been rejected. He is set to be executed on Friday 18 November 2016. "The Singapore government still has time to halt the execution of Chijioke Stephen Obioha. We are dismayed that clemency has not been granted in his case but remain hopeful that they won't carry out this cruel and irreversible punishment against a person sentenced to the mandatory death penalty for a crime that should not even be punished by death," said Rafendi Djamin, Amnesty International's Director for Southeast Asia and the Pacific. "The death penalty is never the solution. It will not rid Singapore of drugs. By executing people for drug-related offences, which do not meet the threshold of most serious crimes, Singapore is violating international law. Most of the world has turned its back on this ultimate cruel, inhuman and degrading punishment. It is about time that Singapore does the same, starting by restoring a moratorium on all executions as a first step towards abolition of this punishment." Amnesty International opposes the death penalty in all circumstances, regardless of the method of execution or the crime for which it is imposed, and believes that there is no credible evidence that the death penalty has a unique deterrent effect. Background Chijioke Stephen Obioha was found in possession of more than 2.6 kilograms of cannabis in April 2007, surpassing the amount of 500 grams that triggers the automatic presumption of trafficking under Singapore law. Under Singaporean law, when there is a presumption of drug possession and trafficking, the burden of proof shifts from the prosecutor to the defendant. This violates the right to a fair trial by turning the presumption of innocence on its head. Drug-related offences do not meet the threshold of the "most serious crimes" to which the use of the death penalty must be restricted under international law. International law also prohibits the imposition of the death penalty as a mandatory punishment. Amnesty International opposes the use of the death penalty outright, regardless of the crime. As of today 103 countries have abolished the death penalty for all crimes and 141 are abolitionist in law or practice. (source: Amnesty International) INDIA: SGPC urges Pranab Mukherjee to have mercy on Beant Singh's assassin The Shiromani Gurdwara Parbandhak Committee (SGPC) has sought clemency from President Pranab Mukherjee in
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Nov. 15 NIGERIA: 25 years jail term or death penalty awaits land grabbers, as Amosun signs bill into law Governor Ibikunle Amosun of Ogun State has signed a Bill into law which prescribed 25 years jail term or death penalty for anybody found guilty of land grabbing in the state. The Bill "H.B. No. 03/2016 - A bill for a law to prohibit forcible entry and occupation of landed properties, violent and fraudulent conducts in relation to landed properties, armed robbery, kidnapping, cultism and allied matters and for other matters incidental thereto or connected therewith" was passed a month ago by the state House of Assembly making land grabbing or forceful takeover of landed property in the state a criminal offence. Singning the Bill on Monday after the Speaker of the House of Assembly, Suraj Adekunbi, led some of the lawmakers to present a clean copy of the bill to him, the Governor said that Ogun State would not be made a safe haven for criminals, adding that whoever flouts the law would face the consequences according to the provisions of the law. He said, "We want to let people know that Ogun State will not be comfort zone for any criminal or so-called omo oniles (land grabbers). They have engaged maiming, killing and lawlessness. But now, the law will go after them. "We are now having enabling law to prosecute and anybody that runs foul of this law, of course, will have himself or herself to blame. "To the kidnappers, they know that this is their end. Anybody that involves himself in kidnapping, armed robbery and all these social vices will not be allowed in Ogun State. I want to believe that with the operation of this law, criminals will run away from the state." Commissioner of Police, Ahmed Iliyasu, who addressed journalists after the bill was signed pledged to enforce the law. He said, "This is a clarion call to all criminals, armed robbers, kidnappers, cultists and so on that there is no place for them in Ogun State. They should relocate because there is no room for them. We are ready to enforce the law." (source: worldstagegroup.com) SOUTH KOREA: Prosecution wants death penalty for child abusers The Supreme Prosecutors' Office said Monday it will seek the death penalty for those indicted for child abuse when the child dies for any reason. The prosecution will get tougher on child abusers in response to a growing public outcry, including seeking the death penalty. The Supreme Prosecutors' Office said Monday it will seek the death penalty for those indicted for child abuse when the child dies for any reason. It will also seek detention of suspects before an official probe to ensure a thorough investigation. This tougher stance reflects growing public demand for harsher punishment for child abusers. "There has been much criticism from the public and within the prosecution regarding the level of punishment given to child abusers," a Supreme Prosecutors' Office official said. "The demanded level of punishment seemed to differ from whether or not the case received media attention. Therefore, we have set these measures as a baseline for future cases." The Supreme Prosecutors' Office also issued a guideline to prosecutors to seek additional punishment for those obliged to report child abuse, such as nursery teachers, teaching staff, the medical profession and child welfare institution employees. The guideline will also extend to parents, guardians and distributors or makers of child pornography. (source: The Korea Times) TURKEY: Boris Johnson urges EU to go soft on Turkey's plan to reintroduce the death penaltyThe Foreign Secretary warned against pushing President Erdogan into a 'corner' Boris Johnson stunned his EU foreign minister counterparts this afternoon by calling on the bloc to tone down its opposition to Turkey reintroducing the death penalty, it has been reported. Diplomats present at the foreign ministers' meeting in Brussels said that Mr Johnson had warned against pushing Turkey "into a corner" over the issue. President Recep Tayyip Erdogan backed the return of the death penalty this summer after he purged over 100,000 potential political opponents from the country's civil service and arrested opposition political parties. Turkey could put EU talks to a referendum next year, says Erdogan With Turkey still on paper a candidate for EU ascension and the abolition of the death penalty a condition of joining the bloc, a number of European countries have called for a halt to Turkey???s accession negotiations. One diplomat described Mr Johnson's intervention as "unbelievable", according to The Financial Times newspaper. Mr Johnson told the room that some EU states had previously taken time to abolish the death penalty in the 1980s and 1990s - and that this had no been an automatic bar on membership. Foreign diplomats and ministers in the room are said to have interpreted Mr
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Nov. 14 KUWAIT: Kuwait reduces juvenile age, warning students Kuwaiti teenage students have been warned that they could face the death penalty or heavy prison terms for certain crimes following the decision to lower the juvenile age from 18 to 16 in January. "Starting next year, anyone aged 16 or more arrested for a crime will be tried by a regular court, and not the juvenile court, which means the death penalty for some crimes," Bader Al Ghadhoori, the head of juvenile protection at the Ministry of Interior, said. "Everybody, especially the students and their parents should be extremely careful about the significance of the change in the application of the law," he told students at a forum about the risks of misusing social media. Under the current juvenile law, criminal penalties are applied to people who are 18 years and above, while special penalties are applied to those under 18. Al Ghadhoori highlighted the importance of surfing websites and using social media, but warned against their negative aspects. "Online sites are double-edged for they can offer great opportunities as well as ominous risks. The problem is not so much with the sites as with the one surfing or using them," he said, quoted by Kuwaiti daily Al Qabas on Thursday. The official said that the most dangerous risks related to online sites were disturbances, strikes, demonstrations, mass absenteeism by students, sit-ins, underground organisations, terrorist and drug trafficking groups, alcohol, sex tourism, prostitution and organized crime. Some websites work on undermining relations with brotherly and friendly countries, incite attacks on leaders, presidents and iconic religious figures and symbols, provoke sectarian and tribal feuds, ridicule and deride others, and spread rumours, Al Ghadhoori added. "People should truly fear God and abide by the laws and regulations as several families and societies have been suffering from the negative impact of destructive websites," he said. Kuwait's parliament last year approved a new law for delinquent juveniles that lowered the age of minors from 18 to 16 years. The approval by 37 lawmakers and opposed by 7, was in line with the drive by the authorities curb a sharp increase in the crime rate following calls by some MPs to take a tougher stance in order to protect teenagers. The lawmakers who called for a lower juvenile age had warned that terrorist groups were working on recruiting young people and argued that strict measures were needed to foil their plans. However, several activists said that the new juvenile age as approved by the parliament last year would be a violation of the teenagers' rights. They said that young people should not be treated like adults and that a better option could be to slightly toughen their sentences. (source: zawya.com) KENYA: Form firing squads to take care of death penalty, says police boss Embu West Officer Commanding Police Division (OCPD) Francis Sang has called on the government to maintain the death sentence. Sang has called for the formation of a firing squad to execute those found guilty of committing capital offences. Speaking on Friday in Embu during the Power and Advisory Committee meeting with locals in the area, Sang said it would only be fair to subject capital offence victims to pain just as they did to their victims. "All capital offence suspects should be subjected to the same pain they subject to their victims. That is why the death penalty should be maintained and a firing squad formed to execute those found guilty of capital offences," said Sang. The Power and Mercy Advisory Committee was in Embu to seek the views of the people on whether to maintain the death penalty. Most in mates sentenced to death are serving life sentences, their fate lying with the views collected from the public. (source: hivisasa.com) INDONESIA: Drug smugglers lose final death sentence appeal in Indonesia The Supreme Court of Indonesia on Friday upheld the death sentence against three Taiwanese men who were convicted last year of smuggling drugs into the country. In its ruling, the court said the crime committed by the 3 defendants would cause great harm to Indonesians, particularly young people. Chen Chia-wei, Wang An-kang and Luo Chih-cheng, therefore, deserve capital punishment, the court ruled in its 2nd trial of the case. According to the court documents, the three men were arrested at Jakarta Soekarno-Hatta International Airport in 2014 while attempting to smuggle 2 kilograms of amphetamine into the country from Hong Kong. They were sentenced to death by a Jakarta district court last year but the sentence was later commuted to life imprisonment in an appeal to the High Court. Prosecutors, however, appealed the High Court ruling and in January the Supreme Court sentenced the defendants to death. The 3 defendants then filed an extraordinary
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Nov. 13 MAURITANIA: Mauritanian clerics urge for blogger's death penalty to be applied Muslim clerics in Mauritania on Sunday urged the authorities to execute a blogger who was sentenced to death in 2014 for apostasy after writing a blog post on Islam and recial discrimination. Mohamed Ould Cheikh Ould Mkhaitir's article touched a nerve in Mauritania, a West African country with deep social and racial divisions. He was tried for apostasy and received the death penalty despite having repented and saying his article was misunderstood. According to the U.S.-based Freedom Now rights group who provide Mkhaitir with legal counsel, the blog post appears to have been the 1st he published. Prior to his arrest he worked as an engineer for a mining company and was not an activist, Freedom Now said on its website. Mauritania has not applied a death penalty since 1987 but on Sunday, the influential Forum of Imams and Ulemas issued a fatwa, or Islamic decree, calling for Mkhaitir to be killed. It condemned "Mkhaitir and his heresy, recalling that the legal penalty in his case is death, with no exception made for his repentance," according to a statement. "We demand that the competent authorities apply the law: kill him and bury him in conformity with the law of God." Rights groups like Amnesty International and Reporters Without Borders have campaigned for Mkhaitir's pardon and release. (source: Reuters) IRAN: Death Sentences of 3 Sunni Prisoners Commuted by the Supreme Court After the "Black Monday" in Rajai Shahr prison in Karaj when by transferring 37 Sunni prisoners under tight security measurements to solitary confinement, at least 20 of them were executed, reportedly the execution of 3 Sunni prisoners have been canceled and they were sentenced to 15 years imprisonment. According to the report of Human Rights Activists News Agency (HRANA), the death sentences of three Sunni prisoners namely Taimor Naderizadeh, Farzad Shahnazari, Farshid Naseri have been rejected in the Supreme Court and after returning to branch 15 of the Revolutionary Court in Tehran, their sentences have been changed to 15 years in prison. A close source to the prisoners, explained to HRANA's reporter in this regarding: "The sentences of the prisoners had been confirmed by the Appeals Court and they were the co-defendants of some of the executed Sunni prisoners. According to the lawyers of the prisoners, the sentences have been violated and they were sentenced to 15 years in prison by branch 15 of the Revolutionary Court in Tehran headed by Mr. Salvati." Need to be mentioned on Black Monday of Rajaei Shahr prison, after unprecedented raid of black uniformed prison guards, 37 death row prisoners of ward number 10 were transferred to solitary confinements under security condition with handcuffs, shackles and blindfolded. According to the judiciary, the sentences of at least 20 of them were executed. However, some others unofficial sources estimated that up to 26 prisoners were executed. HRANA had reported that Farshid Naseri, Barzan Nasrollah Zadeh, Seyed Jamal Seyed Mousavi, Farzad shahnazari, and Taimoor Naderzadeh were the 5 prisoners who had been transferred to hall number 7 from solitary confinements later. Also in another report, HRANA published a video of the defenses of 4 prisoners before their executions. Need to be mentioned that at least 11 Sunni prisoners in Rajaei Shahr are in danger of being executed. Among them, only 2 prisoners, including 1 minor were saved from mass executions. Due to recent unprecedented mass executions they are serving along 49 other prisoners, including 9 with death sentences, in fear of being executed. (source: HRANA News Agency) NIGERIA: Corruption is murder in disguise - Charly Boy Charly Boy says the only way corruption can be effectively tackled is by making the crime a treasonable offence. The entertainer, real name Charles Oputa, described corruption as murder in disguise while noting that majority of Nigerians are at the mercy of a "few politician". Charly Boy said this Thursday during a news conference organised by the "Occupy Unlimited" group, a civil society group advocating for good governance and a corruption-free society. "Corrupt leadership has been killing ordinary Nigerians slowly and steadily over the years," said Charly Boy, national coordinator of the group. "It is time to properly define it as 'murder in disguise', and treat as treasonable offence against our dear country. "Over 180 million people are surviving at the mercy of few politicians who have mastered the art of creating division among her own people through religion, ethnicity, corruption, and frivolous issues. Charly Boy said the death penalty should be applied on all politically-corrupt persons if Nigeria is serious about getting majority of its population out of economic hardship. The singer said Nigeria would
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Nov. 12 INDIA: No review of Soumya sentence: Supreme Court The outcry over awarding life sentence to Soumya case convict Govindachamy and attempts by the Kerala government, Soumya's mother and ex-judge Markandey Katju+ to get the sentence enhanced to death penalty failed to convince the Supreme Court to review its September 15 decision. Govindachamy allegedly pushed Soumya off a moving train after sexually assaulting her. But the SC had taken note of oral testimony of witnesses who said that she had jumped off the train to escape the rapist. It had acquitted Govindachamy of murder charge while convicting him of rape and sentenced him to life imprisonment. The 23-year-old Soumya had boarded the Ernakulam-Shoranur passenger train on February 1, 2011, around 5.30pm at Ernakulam Town railway station to go to her home in Shoranur for her betrothal ceremony. Taking suo motu notice of Justice Katju's blog criticising the judgment and the judges who delivered it for not taking note of evidence and letting Govindachamy off leniently with life sentence, the SC had on October 17 requested the ex-judge to assist the court while hearing the review petitions filed by Kerala government and Soumya's mother. Justice Katju stressed that the SC should have assumed, in the absence of concrete proof about Govindachamy pushing Soumya out of the train, that the convict was responsible for the tragedy. "The accused sexually assaulted the girl and banged her head repeatedly, causing serious injuries to the head and brain. In that condition, even if she jumped out of a moving train, the act of the deceased should be taken as a consequence of the threat posed by the accused. So he should face death penalty for murder," Justice Katju said. The bench of Justices Ranjan Gogoi, P C Pant and U U Lalit repeatedly asked him how a court of law could assume a story on behalf of the prosecution by creating evidence which was non-existent. "We cannot think on our own and conjure up a story which is not even stated in the case diary by the prosecution," said Justice Lalit. Justice Katju asked, "Does it mean you will swallow whatever is told to you? The bench erred gravely in not discarding that part of the evidence. Judges of the Supreme Court err. I have erred gravely.But I always made an attempt to correct it. You should also correct your judgment." When the court asked him to prove his point in reference to provisions of Indian Evidence Act, Justice Katju snapped, "Let us show some common sense. Even if Soumya jumped out and died of the injuries, it is common sense that she was attempting to escape the threat posed by Govindachamy. This case must be decided on the basis of common sense." . The bench did not agree and dismissed the 3 review petitions. (source: The Times of India) MAURIITANIA: CPJ calls on Mauritania to release blogger who faces death penalty November 11, 2016 President Mohamed Ould Abdel Aziz Islamic Republic of Mauritania Ministere du Secretariat General a la Presidence B.P.184 Nouakchott, Mauritanie Fax: +222 525 85 52 Dear President Abdel Aziz, The organizations signing below write to express their concern for the life of blogger Mohamed Cheikh Ould Mohamed, also known as Mohamed Ould M'Kaitir. We also ask that your government do everything it can to secure his release. Mauritania's Supreme Court is expected to review Mohamed's case on November 15. The blogger faces the death penalty following his conviction in 2014 on blasphemy charges stemming from an article he published on the news website Aqlame on December 31, 2013, titled, "Religion, religiosity, and craftsmen," which criticized Mauritania's caste system. Mohamed has repeatedly repented. On January 11, 2014, he issued a statement from prison denying that he intended to insult the Prophet Mohamed. In an unsuccessful, April 21, 2016, appeal, he said that he had made a mistake, and asked for forgiveness. Article 306 of the Penal Code gives the Supreme Court power to cancel or reduce his sentence to a maximum of 2 years in jail and up to 60,000 ouguiya (US$173) if it determines that he has repented. We hope the court will order Mohamed's release, given his demonstrated contrition. Regardless of the court's ruling, we ask you to instruct your government to ensure his physical safety inside and outside prison. Since his imprisonment 2 years ago, preachers have called for his death, according to press reports. Those who have spoken out on his behalf have themselves been labeled as infidels and received violent threats, according to news accounts. In April 2014 you told reporters that you did not believe Mohamed was aware of the seriousness of what he had written. In this spirit, we ask you to acknowledge his repentance and ensure his safe release from prison. Sincerely, Joel Simon Executive Director Committee to Protect Journalists Christophe Deloire Secretary
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Nov. 11 CHINA: Logistics exec handed death penalty sentence over Tianjin blast The Tianjin Intermediate People's Court has sentenced 49 people involved in the massive blast at Tianjin Port on August 12 last year. The blast led to the death of 173 people and resulted in the largest marine claim in history with damages estimated at more than $6bn. Yu Xuewei, president of Tianjin Ruihai International Logistics Co, was sentenced to death with a two-year reprieve for storing hazardous chemicals at a warehouse in Tianjin port by illegal means, which the court said triggered the blast. Another 5 senior officials at the company received life sentences while 25 officials at Tianjin's transport authority, customs, safety supervision department have also been sent to jail for periods of up to 7 years for negligence of duty and taking bribes. The Tianjin blast was so enormous it was visible from space. (source: splash247.com) INDIA: Soumya Case: I Will Advise The Bench To Restore The Death Penalty On Govindachamy: Justice Katju Former Supreme Court judge, Justice Markandey Katju will be appearing in the Supreme court at 2 pm today before the bench headed by Justice Ranjan Gogoi to participate in the proceedings of the Soumya case. The bench is hearing a review petition filed by Soumya's mother against the judgement of the apex court acquitting Govindaswamy of murder charges. In an order on October 17, the apex court had requested Justice Katju to appear in person after Katju had said in a facebook post that the court had made a mistake in the Soumya case by acquitting Govindaswamy. The order said "We issue notice to Justice Markandey Katju, former judge of this Court and request him to appear in Court in-person and participate in the proceedings on 11th November,2016 at 2.00 p.m. as to whether the judgment and order dated 15th September, 2016 passed by this Bench in Criminal Appeal No.1584-1585 of 2014 suffers from any fundamental flaw so as to require exercise of the review jurisdiction." In yesterday's facebook post Justice Katju said "I have already expressed my view that the judgement of the Supreme Court dropping the murder charge against the accused Govindachamy, and setting aside his death penalty was a grave error. Judges too are humans and sometimes commit mistakes. Lord Denning, the celebrated British judge once said - The judge has not been born who has never committed a mistake." Katju then went on to illustrate this with an example from his own life as a judge. He said he made mistakes as a judge which he later realized. "In the case of Gian Singh vs. State of Punjab, I was presiding over a bench including Justice Gyansudha Mishra. One of the counsels pursuaded me to accept his submission, but the counsel for the other side said that I had taken a contrary view in 2 earlier cases in the Supreme Court. On reading those 2 decisions I realized I had made a mistake in those 2 decisions. Hence I referred the matter to a larger bench of the Supreme Court." Justice Katju then goes on to state the entire order that he had dictated admitting his mistake and referring the matter to a larger bench. He says that "a judge should always be open to correct his mistakes." In conclusion Justice Katju said "I will advise the bench to restore the death penalty on Govindachamy holding him guilty of murder." (source: livelaw.in) JAPANexecution Burglar in Kyushu slayings hanged A man on death row was executed Friday, just a month after the Japan Federation of Bar Associations called for an end to capital punishment. According to the Justice Ministry, Kenichi Tajiri, 45, who was convicted in 2012 of 2 murder-robbery cases, was hanged in the morning at a prison in Fukuoka Prefecture. In the 1st execution since 2 prisoners were sent to the gallows in March, Friday's hanging was the 2nd based on the verdict of a lay judge trial. Tajiri was convicted of breaking into a residence in Kumamoto Prefecture in March 2004 with the intention to rob and kill a 49-year-old woman. He was also found guilty of burglarizing another resident, a 65-year-old woman, in February 2011 and stabbing her to death, then seriously injuring a 72-year-old man who returned to the house later. Tajiri's death sentence, upheld by the Fukuoka High Court, was finalized before it reached the Supreme Court because he reportedly withdrew his appeal. "The death penalty is given to perpetrators of extremely heinous, grave crimes after the case is carefully considered in the courts," said Justice Minister Katsutoshi Kaneda, who signed the execution order. It was the 1st execution since Kaneda, a Liberal Democratic Party lawmaker, took over as justice minister in August. 17 prisoners have been hanged since Prime Minister Shinzo Abe took office for the 2nd time in 2012. The Japan Federation of Bar Associations on Oct. 7 issued a declaration
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Nov. 10 KENYA: Death sentence, if effected, could become victim of corruption There is no doubt that theft of public funds ranks among the most important concerns for Kenyans. Corruption takes away resources meant for public services, enriching a few usually well-connected individuals with access to the national till. Estimates indicate that 1/3 of Kenya's annual budget is lost to corruption. Essentially, this weakens the country's ability to fight poverty, terrorism, and disease. Kenyans are, therefore, justified to be outraged at the slow pace in bringing the perpetrators of grand thievery to justice. The anger has been so great that some people have even suggested that the law be changed to allow the death penalty for the thieves of public resources. Coming at a time when ordinary Kenyans everywhere are alarmed at the lack of action on grand corruption, this suggestion must not be taken lightly or brushed aside as some sort of joke. The death penalty, irrespective of the crime involved, is archaic, cruel, inhuman, and degrading. The world is moving towards eliminating the death penalty, with nearly 2/3 of countries having removed it from their statutes. IMPORTANT STEP On Mashujaa Day this year, President Uhuru Kenyatta took the important step of commuting 2,700 death sentences (virtually all who were waiting to die by the hangman) to life in prison. This is a step in the right direction. Countries that execute criminals claim that the death penalty is a way to deter crime, but this has been discredited and there is no evidence that it is any more effective in reducing crime than imprisonment. The idea behind punishment is to correct, to send a message to others, and to save the majority from the suffering occasioned by crime. I do not believe executing offenders serves any purpose other than to cause pain to the affected families and psychological distress to the executioner. Life in prison without the option of parole is a better option. The prospect of never being allowed to walk free again is dreary. It is instructive that we have never really exploited all the options available to us to protect public money from thieves, who are often let free due to the loopholes in our criminal justice system. Sometimes they are shielded from punishment by the very people who are supposed to champion justice. We have failed, but only because those who benefit from the proceeds of corruption are the same ones who control the levers of State power and are not keen to do anything about it. A VICTIM The death sentence, if it were to be effected, could become a victim of corruption, with the main perpetrators being set free while innocent people or those who play minor roles being sentenced to death. Runaway corruption will not stop if there is no political will to end it. As long as the sponsors of corruption, drug barons, and purveyors of impunity finance election campaigns and pass themselves off as well-heeled business people running the economy, corruption will only get worse. The President should get serious about fighting corruption. We all know that corruption bleeds the economy, that health care suffers because people steal from the sick, that the current hunger in several parts of the country could have been prevented if stolen money was channelled to irrigation and agricultural innovation. Kenyans who are watching helplessly as their children's inheritance is stolen with impunity have a right to be angry. These Kenyans have been restlessly waiting for the President to say: "Enough is enough, stop it, you thieves!" (source: Opinion; Justus Nyang'aya is country director, Amnesty International KenyaDaily Nation) IRANexecutions 2 Prisoners Hanged In Western Iran 2 prisoners were hanged in the prison of Qorveh (Iranian Kurdistn province) early Tuesday morning November 8. Iran Human Rights had yesterday reported about the scheduled execution of these prisoners. The prisoners were identified as Mohammad Rasoul Heydari, from Qorveh, charged with murder, and Babak Hassan Zadeh, from Sardasht, charged with possession and trafficking of 350 grams of the narcotic drug crystall. According to close sources Heydari was arrested 4 years and 8 months ago and Hassan Zadeh 4 years ago. Both the prisoners had been kept in Hamadan Prison and were transferred to Qorveh 20 days ago. The executions have not been reported by the official Iranian media. 2 Prisoners Executed- One Hanged In Public 2 prisoners were hanged in 2 different Iranian cities reported the state run Iranian media. According to Mehr News Agency one man was hanged in the prison of Qazvin (western Iran) Monday morning November 7. The prisoner who was identified as "Hassan Kh." (24) was sentenced to qisas (retribution in kind) for murdering 2 people in 2 separate cases 5 years ago. Iranian State Broadcasting (IRIB) reported
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Nov. 9 PHILIPPINES: House starts debate on death penalty bill The House of Representatives sub-committee on judicial reforms on Wednesday tackled the bill on death penalty amid the administration's push to revive capital punishment as a deterrent to crime. The subcommittee under the House justice committee tackled the seven bills restoring death penalty, including the principal bill filed by Speaker Pantaleon Alvarez under House Bill 1, which seeks to repeal the law abolishing death penalty. Subcommittee chairperson Leyte Rep. Vicente "Ching" Veloso, a former Court of Appeals justice, in an interview said he personally supported the restoration of death penalty as an effective deterrent to crime. Veloso however denied that Alvarez gave the marching orders for the committee to railroad the bill. Alvarez earlier vowed that the restoration of death penalty would be approved before the December break. Volunteers Against Crime and Corruption President Dante Jimenez maintained that previous administrations only failed to ensure that death penalty is a deterrent to crime. "The argument that it is not a deterrent to crime is misleading. The factor of death penalty is clear in history, even martial years and during Marcos years, and in drug trafficking due to capital punishment, when drug lords are publicly executed, sending a chilling signal to hardened criminals and offenders to keep off from illegal activities," Jimenez said. But Albay Rep. Edcel Lagman, who was among the lawmakers who pushed for the abolition of death penalty in 2006, became irked when Jimenez gave an unresponsive answer to a question. When Lagman asked Jimenez if he knows that death penalty has been in place since the dawn of civilization, Jimenez answered: "I don't know, I was born in 1952." "I will not further question this witness for that kind of answer," Lagman said. After being reprimanded by the committee, Jimenez said he was only answering candidly the question of Lagman. He appealed that the committee understand his position on death penalty, citing the death of his brother by drug syndicates in 1990 supposedly due to mistaken identity. "If I offended the congressman, I'm sorry, and I hope you will understand my position here," Jimenez said. The committee called for an adjournment after Lagman gave a silent treatment to Jimenez. "I only understand the position of resource person if he answers responsively," Lagman said, before the hearing adjourned until next week Tuesday. It was Speaker Alvarez who first filed the bill seeking to reimpose death penalty after former President Gloria Macapagal-Arroyo abolished capital punishment in 2006 for its failure to deter crime. Alvarez filed the bill to reinstate death penalty, pursuant to President Rodrigo Duterte's campaign promise of returning capital punishment against heinous criminals. Alvarez's bill sought to reimpose death penalty on heinous crimes listed under Republic Act 7659, including murder, plunder, rape, kidnapping and serious illegal detention, sale, use and possession of illegal drugs, carnapping with homicide, among others. In the bill he co-authored with deputy speaker Capiz Rep. Fredenil Castro, Alvarez said there is a need to reimpose death penalty because "the national crime rate has grown to such alarming proportions requiring an all-out offensive against all forms of felonious acts." "Philippine society is left with no option but to deal with certain grievous offenders in a manner commensurate to the gravity, perversity, atrociousness and repugnance of their crimes," according to the bill. Duterte had won the elections in a campaign promise to restore death penalty by hanging, even making a snide remark that the convicts' head should be severed from the hanging. Alvarez said Congress would look into the cheapest way for death penalty, either by firing squad, lethal injection, or by hanging. (source: Philippine Inquirer) TURKEY: Death penalty, NATO and the EU There are new developments on the presidential system and the capital punishment topics after talks between President Recep Tayyip Erdogan and Nationalist Movement Party (MHP) leader Devlet Bahceli. Upon Bahceli's declaration that the MHP would support a bill reinstating the death penalty, the debate has changed direction. The view on reinstating capital punishment has strengthened. The death penalty was to be brought for Fethullah Gulen and the putschists, and also for Abdullah Ocalan and the outlawed Kurdistan Workers' Party (PKK) terrorists. The MHP has been precise on Ocalan since the beginning. It is known that Bahceli holds Gulen and Ocalan, the coup attempt and PKK terror on the same level. However, Bahceli warns and asks the government to consider the international dimension of reinstating the capital punishment. In the ruling Justice and Development Party (AK Party), there are 2 separate
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Nov. 8 GLOBAL: U.N. Investigator Talks About the Future of Solitary and the Death Penalty Last week, renowned Argentinian human rights lawyer and torture survivor Juan Mendez ended his 6 extraordinary years as the U.N. special rapporteur on torture. Mendez has been a fierce advocate against torture worldwide and a close ACLU partner in many areas, including fighting solitary confinement, the death penalty, and detention of children. ACLU Human Rights Program Director Jamil Dakwar had a chance to ask him some questions about his incredible work (the answers have been edited for length and clarity). This Q is part 2 of 2, focusing on solitary confinement, death penalty, and prison conditions issues. Read part 1 of the interview here. Early into your tenure, you conducted a worldwide study that concluded that solitary confinement can amount to torture. You've now just released a new report that builds upon that 2011 report and provides a comprehensive comparative analysis of the use of solitary confinement in 35 jurisdictions, including several states here in the U.S. What is your assessment of the state of the campaign to end solitary confinement both worldwide and here in the U.S.? In 2011, we had the sense that solitary confinement had crept up on the international community and the public more generally without us paying much attention. In fact, it was a practice that was banned in the 19th century because it was cruel, and yet it made a comeback in the last few decades. We had the impression - but it was only that, an impression - that it was used more extensively and now in many parts of the world for different purposes. It was used not only as a disciplinary measure, it was used without due process guarantees, and it was used for longer and longer periods. Now we have made some inroads - with the help of the Cyrus R. Vance Center for International Justice and the law firm Weil, Gotshal & Manges - into at least providing a little more factual information about practices around the world. But of course much more can be done. Many people, including the ACLU, who have been campaigning against this practice - and specifically in the United States - I think are having an impact. First, the president himself has been calling attention to solitary confinement. 2nd, 2 justices on the Supreme Court have said that this needed to be looked at. Third, Senate hearings have called attention to it, and most recently a bill was introduced to curtail the use of solitary. And 4th, litigation has settled in California and New York in which the correctional authorities recognized that at least some aspects of the program must be reformed. But in the U.S., we are a long ways away from establishing the regulations that we proposed and that have been included in the Nelson Mandela Rules, which are the new Standard Minimum Rules for the Treatment of Prisoners approved by the General Assembly in 2015. We still need to ban prolonged solitary confinement and indefinite solitary confinement. And regardless of duration, we need very clear and specific rules of due process, including judicial review of decisions. Finally, of course we need a complete ban on solitary confinement for children, persons with mental disabilities, and breastfeeding or pregnant women. You've asked repeatedly to visit Guantanamo Bay and prisons here in the U.S. to examine conditions of confinement, and especially the use of prolonged solitary confinement, but were never allowed a visit. Are you confident that the next administration will continue a dialogue and engage your successor, Professor Nils Melzer, more than they have engaged you? I think the dialogue with the U.S. government has been fluid. There were sometimes long periods of silence, but there has always been the willingness to at least listen to me. But that falls short of the level of cooperation that any member of the U.N. Human Rights Council has pledged to do. I first asked to visit Guantanamo early on, in 2011. In 2012, the Defense Department invited me under conditions unsatisfactory under international law: basically a briefing by the authorities of the detention center, a visit to some but not all parts of the detention center, and no ability to interview any inmate or person detained there, even under supervised or monitored conversation. You can imagine that if I were to accept those conditions from the U.S., every country in the world would put similar restrictions on visits and would make prison visits a mockery of what serious monitoring by international bodies should be. Of course, I declined, but didn't give up on it - I just asked for new and better terms. Unfortunately, from 2012 on, that has not happened. With respect to prisons on the mainland, yes, I asked to visit both state and federal prisons, eventually with a narrowed-down focus on solitary confinement. I was asked to indicate
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Nov. 8 SINGAPORE: Pakistani duo on trial for murdering compatriot, dismembering his body Prosecutors are seeking the death penalty for 2 Pakistani men accused of murdering their compatriot and dismembering his body in a gruesome case in 2014. Muhammad Noor's torso was found in a suitcase dripping with blood along Syed Alwi Road on Jun 11, 2014. His legs, which had been sawn off at the thigh, were found in another suitcase at Jalan Kubor Muslim cemetery the next day. Muhammad's roommate Rasheed Muhammad, 45, and his friend Ramzan Rizwan, 27, were arrested on Jun 12 at a lodging house at 6 Rowell Road, where the men lived - and where Muhammad, 59, died. At the opening of Rasheed and Ramzan's trial on Tuesday (Nov 8), Deputy Public Prosecutor Ong Luan Tze said the men decided to murder Muhammad to recover monies they had lost to him while gambling. At midnight on Jun 11, Rasheed and Ramzan crept into Room 44 where Muhammad slept. Ramzan covered Muhammad's face with a shirt, smothering him, while Rasheed wrapped a string made with cloth around his neck and pulled, DPP Ong said. When Muhammad was dead, the men pocketed S$6,000 in cash they found in the room. In the morning, Rasheed and Ramzan made 2 trips to Mustafa Centre at about 9am and again at 11.45am, where they bought 2 suitcases, an electric saw, a bow saw and trash bags, DPP Ong said. It is the prosecution's case that back in Room 44, the pair sawed off Muhammad's legs and wrapped them in trash bags. They then packed the torso in 1 suitcase and the legs in the other, before cleaning the room with soap powder. At about 12.25pm, Ramzan left the black suitcase containing Muhammad's legs at Jalan Kubor Muslim cemetery. He went back to help Rasheed, who was struggling with a grey suitcase containing Muhammad's torso. They decided to abandon the bag along Syed Alwi Road en route to the cemetery, after 1 of its wheels broke and blood began to seep out of the bag, DPP Ong said. An 81-year-old man found the suitcase hours later. Assisted by several passers-by, he tried to push the suitcase to the police station, but when they made the gruesome discovery of a dead body in the bag, they immediately called the police. The trial continues. If found guilty of murder, both men will face the death penalty. (source: channelnewsasia.com) SIERRA LEONE: Sierra Leone to bring back death penalty For almost 20 years, Sierra Leone has avoided using the death penalty. But spurred by public outrage over ritual murders and gang violence, the government is moving once again to hang offenders. The legal community believes one sensational case in particular has driven the government to consider resorting again to capital punishment, a case they say was marred by police incompetence and a poorly handled trial. On the last night of his life in May 2015, a slight young musician known as DJ Clef played a raucous set at the home of a faith healer known for his high-society connections and the tattooed faces of demons covering his body. Clef - born Sydney David Buckle - was later found, with his organs and genitals missing, by the road leading to a military cemetery on the outskirts of the capital, Freetown. His death sickened a country where a civil war and more recently Ebola have ravaged society and the economy, firing up a huge Freetown fan base who adored his laid-back demeanour and Afrobeat mixes. A drive for swift justice was led by Milton Coker, the president of the All Stars music collective to which Clef belonged. "People who kill should be killed," Coker said flatly in a recent interview with AFP. "It will deter others." Baimba Moi Foray, an influential "ju-ju man", or witch doctor, and an accomplice were duly convicted of his murder and sentenced to hang for their crimes in September. If an appeal is unsuccessful, they could become the 1st since 1998 to face the gallows. Bungled case? Death row lawyer Simitie Lavaly told AFP that because of the media buzz around the celebrities involved, police felt pressure to find a perpetrator fast, and bungled the case. "The police did not do a thorough job and the only reason why they are convicted is the media around the case," she told AFP. Lurid local stories speculated over Foray's methods and the fate of Buckle's body parts, heightened by the witch doctor's alleged connections to influential figures in Sierra Leone and even an African president. "It was a prejudiced judge and jury," Lavaly said, who were presented with "hardly any" substantial evidence. Despite such claims, senior officials say a new bill is already being drafted to harden up the current legislation on violent crime, spurred by a wave of popular support. Interior Minister Palo Conteh did not pull his punches in a recent interview with AFP. "I've instructed the Director General of the Male Correctional Facility to ensure that the gallows are
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Nov. 7 IRANexecutions Mass Execution of 11 Prisoners in 2 Days in Mashhad, Rasht and Khorramabad The inhuman clerical regime in an inhuman crime hanged 6 prisoners at Vakil Abad Prison in Mashhad on November 6, 2016. On the same day, Ali Mozaffari, head of the 'Judiciary' in Khorasan Razavi province, described execution, massacre and suppression in line with "enhancing public safety" and threatened more strict actions, saying: "With any disorder, oppositional disorder, breaking public comfort ... he will deal decisively ". (State run Young Reporters Club - November 6) On November 5, 3 prisoners in Rasht Central Prison and 2 prisoners in Khorramabad Parsilon Prison were hanged. Father of Aref Ali Nasab, 27, who was executed in Rasht prison, had pleaded for his stay of execution before his execution in a tape. Aref's friends in Rasht Malavan football team also made a large banner calling for his execution to be canceled. Iranian Resistance calls on all human rights organizations to take urgent action to deal with the trend of mass and arbitrary executions in Iran. The dossier of human rights in Iran should be referred to the UN Security Council, and deals with this regime must be made contingent upon a halt to executions. (source: Secretariat of the National Council of Resistance of Iran) * 5 Prisoners Executed On Saturday November 5, Iranian authorities reportedly executed at least 5 prisoners. A prisoner with murder charges and 2 prisoners with drug-related charges were executed at Lakan Prison in Rasht (Gilan province, northern Iran), and 2 prisoners with drug-related charges were executed at Parsilon Prison in Khorramabad (Lorestan province, western Iran). A report by the state-run news agency Diyarmirza identifies the prisoners who were executed at Lakan Prison as: A.Y., 54 years old, charged with trafficking and possessing 5 kilograms of heroin and 350 grams of crystal meth; K.Y., 30 years old, charged with organizing and managing the purchase activties of the other defendants and also trafficking 5 kilograms of heroin; and A.A., 27 years old, charged with murder. A report by the human rights news agency HRANA identifies the prisoner "A.A." as Aref Alinasb. Close sources to Iran Human Rights have identified the prisoners who were executed at Parsilon Prison as: Alireza Dervishi and Hojat (surname unknown at this time), both charged with traffickig and possessing 10 kilograms of narcotics. Both of these prisoners were reportedly detained for 8 years before they were executed. A source close to Alireza and Hojat tells Iran Human Rights that they were denied their right to an attorney. The source also says that Alireza and Hojat had no previous criminal record related to narcotics. (source: Iran Human Rights) KENYA: Wiper MP in court for treason charges over Uhuru remark, faces death penalty A magistrate court in Machakos has ordered the police not to arrest Machakos County Women Representative Dr Susan Musyoka for alleged utterances that bordered on treason. Senior Resident Magistrate Irene Kahuya on Monday gave reprieve to Dr Susan Musyoka who had presented herself in court to seek anticipatory bail accompanied by a group of supporters. The magistrate set the determination of the bail terms for Tuesday and restrained the police from arresting Dr Musyoka. According to her lawyer Mr Haroun Ndubi, Dr Musyoka had received a call from the County Commander Jacinta Wesonga requiring her to record a statement on utterances that she had made last week. MP UNWELL Mr Ndubi told the magistrate that his client was unwell and could not record a statement at the time and which prompted the police to look for her. He prayed to the court to grant Dr Musyoka anticipatory bail as the police were likely to arrest her before they could complete their investigations. Mr Ndubi cited the case of Machakos Senator Johnson Muthama who had been arrested and locked at Pangani Police Station for days only to be later acquitted by the courts for lack of evidence. "The Women Representative is being sought by the Police. She surrendered herself to the courts today as a law-abiding citizen. The court has directed that it will deliver its comprehensive ruling tomorrow," Mr Ndubi told journalists at the end of the court session. Anxious Wiper Party supporters, among them Makueni County Women Rep Rose Museo, Kibwezi East MP Jessica Mbalu and Makueni MP Daniel Maanzo had jammed the courtroom during the session. On Friday, Mr Maanzo who is among Dr Musyoka's team of lawyers said they had learned that the Women Rep is likely to be charged with treason following remarks that she had made calling on the Head of State to resign if he could not tackle corruption in the country. (source: The Nation) SIERRA LEONE: Sierra Leone reconsiders death penalty"People who kill should be killed. It will deter
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Nov. 6 EGYPT: Egypt court sentences two defendants to death An Egyptian court has sentenced 2 defendants to death penalty for involvement in the so-called case of "Returnees from Libya", in which 16 people are implicated. Cairo Criminal Court also sentenced 4 more defendants to life imprisonment, 7 to 3 years in jail with hard labor, 1 defendant to 15 years in jail, while 2 others were acquitted. The accused had been caught on the western border while they were returning from Libya, for alleged involvement in violence and terrorism outside the country. They faced charges of belonging to an outlawed group and planning violence against state institutions, policemen and army personnel as well as possessing weapons and explosives. (source: kuna.net.kw) JAMAICA: Crime, Death Penalty and Privy Council In September 2003, John Allen Muhammad was sentenced to death in the United States of America for 17 murders committed in a number of states over a 10-month period in 2002. Without a whimper from the international human-rights lobbyists, he was executed by lethal injection in 2009 after spending 6 years on death row. Chances are, if Mr Muhammad had committed crimes of a comparable magnitude in Jamaica, he would have been alive and well today either awaiting trial or serving time in a medium-security prison. The last time anyone was made to pay the death penalty here was in 1988. Today, 1 solitary person remains on death row following the consequential commuting to life imprisonment of the vast majority of some 200 persons who were on death row in 1992. It was the year in which the Government legislated for a separation between 2 types of murder, essentially on the basis of the circumstances in which they were committed and the occupation of the victims. A mandatory death penalty would from then apply only to capital murders - those deemed the more serious. It was as far as the Government dared to go at the time, despite the urgings of the anti-death-penalty advocates. Hanover Member of Parliament Ian Hayles believes that implementation of the death penalty should be resumed in Jamaica, for there is "no deterrent out there now" (TVJ News October 17, 2016). It was an expression of outrage at the consuming pain being inflicted on his constituents - relatives of the victims of a growing army of ruthless murderers. Hayles might not have read the lead stories in The Gleaner of May 9, 2016 which themselves were prompted by a similar view earlier expressed by Minister Robert Montague on assuming the national security portfolio in March 2016. In those stories 'Death sentence for hanging', 'Disappearing death row' and 'Hanging should never be resumed' - Barbara Gayle, Gleaner justice coordinator, gave an excellent overview of the status quo regarding capital punishment in Jamaica today. In essence, the death-penalty law is no longer worth the paper on which it is written courtesy of the UK Privy Council, our final court of appeal. The writing has been on the wall for some time since the Pratt and Morgan ruling of 1993, but came into sharper focus in 2009 with the Trimmingham Case out of St Vincent and the Grenadines. The haunting facts of that case (carried in one of the previously mentioned Gleaner stories) are worth repeating. "(Daniel) Trimmingham, who was armed with a gun, had held up a 68-year old man and demanded money. When the victim said he had no money, Trimmingham used the victim's machete to behead him and then cut out his abdomen and buried the head in a hole." The Privy Council found that the cruelty and inhumanity displayed in this case was not of a sufficiently wicked level to attract the death penalty, as it did not fall within the category of the "rarest of the rare or the worst of the worst". Avoidance of doubt And for the avoidance of doubt, the Privy Council expands on how that should be understood: "In considering whether a case fell into that category, the judge should compare it with other murder cases and not with ordinary civilised behaviour!" The death penalty was abolished in the UK in 1965. The homicide rate has hovered around one per 100,000 of their population for most of the years between 1970 and 2012, peaking at 2.1 in 2003. In Jamaica, the corresponding rate moved from eight in 1970, rising steadily (the extraordinary 1980 election year excepted) to 26 in 1993, and then moving swiftly to 62 by 2005. Had the situation been reversed between the two countries, the death penalty would still be legal in the UK today and the Privy Council would be looking more favourably at delivering justice to the victims of cold-blooded murderers. Those who would like to believe that the values of our erstwhile colonisers have changed substantially and deserve to be heeded may be surprised to find that in July 2016, in her first parliamentary debate as UK prime minister, Theresa May, without any
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Nov. 5 UNITED KINGDOM/ETHIOPIA: UK Refused Access to British Father 'in Fear for His Life' on Ethiopia's Death Row The British Foreign Office (FCO) has failed for a week to confirm the safety and wellbeing of a British father held on death row in Ethiopia, despite having received reports last weekend that his life was in danger. Last Saturday (28th), the family of Andargachew 'Andy' Tsege, from London, were told by British officials in Ethiopia that Mr Tsege had indicated that he was 'in fear for his life', following disturbances at the prison where he is held. Mr Tsege has been imprisoned unlawfully in Ethiopia since 2014, when he was kidnapped at an international airport and rendered to the country. He is held under an illegal sentence of death, which was imposed in absentia in 2009 in relation to his vocal criticisms of Ethiopia's ruling party. Concerns for Mr Tsege's wellbeing have been growing this week, after the Foreign Office indicated to Mr Tsege's family that it has been unable to establish consular access to him to check on his wellbeing. Yesterday, Minister Tobias Ellwood said in a written statement to MPs that the FCO had not seen Mr Tsege since August this year - an admission which appeared to contradict a recent claim by the Foreign Secretary, Boris Johnson, that "regular consular access" was "now in place." The latest concerns for Mr Tsege come amid criticism of the Government's approach to his case. The FCO has focused recently on requesting legal access for Mr Tsege - a request which the Ethiopian Prime Minister promised to honour in June this year, but has since reneged upon. International human rights organisation Reprieve - which is assisting Mr Tsege - has argued that requesting legal access is ineffectual, because the Ethiopian Government has already stated that there is no legal route by which Mr Tsege will be allowed to challenge his death sentence. Reprieve has asked the UK Government to request Mr Tsege's return home to his family in Britain, but the FCO has refused to do so. Torture is common in Ethiopian prisons, and experts such as the UN Special Rapporteur on Torture have previously expressed concerns about Mr Tsege's wellbeing. Parliament's Foreign Affairs Committee is currently monitoring Mr Tsege's case as part of an ongoing inquiry into the FCO's human rights work overseas. Commenting, Maya Foa, a director at Reprieve, said: "It's shocking that Andy could be in mortal danger, and yet British officials - who haven't seen him since August - seem unable or unwilling to check that he is alive and well. Andy's partner and children in London are sick with worry for him, and their concerns are worsening with every hour that passes. Andy has already suffered a catalogue of abuses - from an unlawful in absentia death sentence, to kidnap, rendition, torture, and over 2 years' illegal detention. Andy is now in fear for his life - what more will it take for the British government to stop cowtowing to the Ethiopians, stand up for the rights of this innocent British father of 3, and secure his return home to his family in London?" Reprieve is a UK-based human rights organization that uses the law to enforce the human rights of prisoners, from death row to Guantanamo Bay. (source: commondreams.org) MYANMAR: Rohingya may face 'death penalty' over Myanmar murders74 suspects held on remand face several charges under Counter-Terrorism Laws and Penal Code, which carry the death penalty A total of 113 people have now been arrested for alleged involvement in last month's attacks in Myanmar's western Rakhine State, some of whom could face the death penalty. 9 border police officials were killed and dozens of weapons and thousands of rounds of ammunition were stolen Oct. 9. when around 400 armed men attacked 3 police station outposts in Maungdaw and Yathay Taung Townships. Myanmar troops have since been searching Muslim villages -- the area is predominantly occupied by the country's stateless Rohingya population -- for the assailants and stolen weapons. On Saturday, Min Aung, a spokesperson for Rakhine's regional government, told Anadolu Agency that troops had arrested 113 suspects during the area clearance operations. "39 of them have been released after being found to have had no role in the attacks," he said, and 74 suspects have been held on remand. "They are now under interrogation." According to a police official in Yangon, the suspects face several charges under Counter-Terrorism Laws and the country's Penal Code. "They probably face the death penalty," said the officer, who asked not to be named as he was not authorised to talk to media. Although some sections of Myanmar's penal code carry the death penalty, in most recent cases it has been commuted to a life sentence. The military's ongoing clearance operations have generated reports of widespread abuse. In the past week,
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Nov. 4 TURKEY: Formulas for Gulen's execution During the cabinet meeting presided over by President Recep Tayyip Erdogan earlier this week, the reinstatement of capital punishment was among the key issues. He looked in the face of cabinet ministers and asked: "What will happen for my 241 martyrs [killed during the military coup attempt]? Will those who killed them not give an account of it?" The legal arrangement that abolished the death penalty was overseen by the ruling Justice and Development Party (AK Party) in 2004. Cabinet this week discussed the issue from the perspective of the EU acquis, Protocol Number 13 in which Turkey totally abolished capital punishment, and Article 90 of the constitution. The drawbacks of taking the death penalty to a referendum were also discussed. It was Erdogan himself who brought the subject of reinstating the death penalty to the agenda. "If parliament reintroduces the death penalty, I would endorse it," he said. Prime Minister Binali Yildirim, meanwhile, has adopted a calmer stance on the issue. The prevailing belief had been that capital punishment would not be brought to parliament, so Erdogan will never in the end need to ratify it. However, with Nationalist Movement Party (MHP) leader Devlet Bahceli's recent declaration that they should "finish this business together," it became impossible to ignore the parliamentary route. Personally, I don't think President Erdogan has been bluffing. I believe he is sincere on the subject of the death penalty. There are 2 particularly important aspects to reintroducing the death penalty. The first is whether it would be retroactive; the 2nd is about what it would cover. My opinion is not as clear-cut as fellow Hurriyet columnist Ahmet Hakan, who wrote that there is no way the death penalty could include Fethullah Gulen or Abdullah Ocalan. The reintroduced death penalty would cover war crimes, threats of war, terrorism, coup d'etats, attempted coup d'etats and the sexual abuse of children. On Oct. 3, 2001, with an arrangement carried out by Constitution Committee head Ahmet Iyimaya, a clause was introduced stating that "the death penalty is inapplicable apart from war, imminent threat of war, and terror crimes." This clause was abolished from our legal system in 2004 by the AK Party. Now, coup d'etats, attempted coup d'etats and sexual abuse of children will be added to the exceptional cases in that original 2001 clause. However, an internal debate has still not been held within the AK Party and no work has yet been launched. Article 15 of the constitution states that "offences and penalties cannot be made retroactive." There is no objection to this clause but President Erdogan wants the death penalty to be reintroduced, especially for the July 15 coup attempt. In this case, will the death sentence be valid for Fethullah Gulen? Legal experts point to the concepts of "process crimes, continual crimes, chain crimes and uninterrupted crimes," and similar formulas are being looked into. The investigation into the July 15 coup attempt is still ongoing. New information and documents are being found every day. Just yesterday another name, Kemal Batmaz, appeared alongside the number one civilian name in the coup, the incognito Adil Oksuz, who is accused of carrying out the coup plan for Gulen. Further into the process, it is possible that new evidence and witnesses will emerge proving that Gulen was the leader of the coup. When President Erdogan asks about bringing the deaths of 241 people to account, he is not only referring to those who dropped bombs and opened fire on the people. He is also targeting those who took part in the coup and committed these murders, as well as the planners and rulers of the coup, together with the leader of the coup. In short, a formula is being worked on to ensure that the death penalty covers the July 15 coup attempt and Gulen himself. So, will the coup plotters be sentenced to death but the outlawed Kurdistan Workers' Party (PKK) and Islamic State of Iraq and the Levant (ISIL) terrorists who kill soldiers be left out of the scope of capital punishment? Will the MHP agree to a formula that does not cover the PKK? Because of jailed PKK leader Abdullah "calan's life sentence verdict, he cannot be sentenced to death for the same crimes. However, if proof of a connection to a new act is found and he is sentenced to death in a new trial, it is different. Clearly, there are endless formulas in justice. (source: Hurriyet Daily News) SAUDI ARABIA: Saudi Arabia to behead disabled man for protestingMunir al-Adam says he signed a confession only after being beaten so badly he lost hearing in one ear Saudi Arabia is set to behead a disabled man for taking part in anti-government protests. A specialised criminal court in Riyadh, the Arab kingdom's capital, sentenced Munir al-Adam, to death for "attacks on
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Nov. 4 INDONESIA: Death penalty sought for drug defendants Prosecutors at the Semarang District Court in Central Java have demanded the death penalty for 5 defendants in a major drug-smuggling case, including Pakistani citizens Muhammad Riaz and Faiq Akhtar and US national Kamran Malik, aka Philip Russel. The 3 have been indicted for trafficking 97 kilograms of crystal methamphetamine to Jepara, Central Java, through Tanjung Emas Port in the provincial capital of Semarang. According to prosecutors, Riaz arranged the drug shipment from Guangzhou, China, to Indonesia and then stored it in the CV Jepara Raya International furniture warehouse in Pekalongan village, Jepara regency. Prosecutors claim Riaz arranged the documents to smuggle the narcotics into Indonesia. The defendant was charged under the 2009 Narcotics Law. Faiq was also involved in the attempt to smuggle the drugs into Indonesia, and had also been indicted under the same law, prosecutor Edi Budianto said. Prosecutors, meanwhile, demanded that the court sentence another defendant Restiyadi Sayoko, accused of having facilitated the drug trafficking, to life imprisonment. The plea session will be held on Nov. 8 and the court will hand down its verdict on Nov. 14. On Wednesday, the court also heard the death penalty being demanded for 2 Indonesians for their role in the smuggling of the 97 kg of crystal meth through Tanjung Emas Port. They were Citra Agung Kurniawan and Tommy Pratomo, employees of PT Jacobson Global Logistics Indonesia who helped take care of the import documents for Zhouma brand generators from China. Prosecutor Diajeng Kusumaningrum also sought a 18-year sentence for another defendant Peni Suprapti. Peni, who is Indonesian, is the wife of Riaz. Peni was charged with helping to store the drugs in the furniture warehouse in Jepara. The National Narcotics Agency (BNN) busted the drug trafficking ring on Jan. 27. The Pakistani group stashed the crystal meth inside 194 power generators after dismantling their pistons. The crystal meth was dispatched from Guangzhou, China, and smuggled through Tanjung Emas. Didi Triono, meanwhile, a local resident, leased the warehouse, which was disguised as a furniture factory. Prosecutors sought 18 years in prison for Didi. In the trial hearing, prosecutor Bondan Subrata said Citra was contacted by Riaz to arrange the importation of the generators. "Defendant Citra assisted in the arrangement of import documents for the generators, which contained the drugs. He also set a tariff of Rp 190 million [about US$14,630] for the service," said Bondan. Prosecutors also demanded a fine of Rp 1 billion for Citra. Indonesia has fallen under international scrutiny in recent years for its use of the death penalty. Despite repeated calls from human rights activists, President Joko "Jokowi" Widodo has insisted that drug convicts should be executed, saying that drug misuse claims the lives of thousands of Indonesians every year. (source: The Jakarta Post) SUDAN: Further delay to trial of death row pastors The trial of 2 Sudanese pastors who face death if convicted has been postponed for the 2nd time in 2 weeks. Rev Hassan Abduraheem and Rev Kuwa Shamal face at least seven charges including waging war against the state and espionage, which carry the death penalty as the maximum sentence. They are on trial with 2 other mean, Petr Jasek and Abdulmonem Abdumawla. The hearing, which was due to take place on 31 October in Khartoum, was rescheduled, as the judge was absent. Last week, a hearing scheduled for 24 October was postponed to 31 October, because the judge was out of the country. Christian Solidarity Worldwide, which is monitoring the case, told Premier it was concerned the delays would mean the men would not get a fair trial. There has already been several other delays to the case, including a 3-week adjournment for the translation of documents. The case against the pastors centres on money given to a young man who was injured in a protest against the state. CSW's Chief Executive Mervyn Thomas said: "We are concerned by the continuing delays in the trial. "Fair trial principles stipulate that criminal proceedings should occur within a reasonable time. In this case, the constant postponements due to the absence of the judge or prosecutor or failure to transport the men to court are prolonging proceedings unnecessarily, which is unacceptable, given the length of time these men have already spent in custody. "We continue to call for the unconditional and immediate release of these unjustly detained men. In the event the trial continues, we urge the government of Sudan to ensure it proceeds in line with fair trial principles outlined in Article 7 of the African Charter on Human and Peoples Rights, to which Sudan is a party." (source: premier.org.uk) SOUTH AFRICA: Clive Derby-Lewis,
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Nov. 3 TURKEY: Turkey debates the non-retroactive death penalty A reinstatement of capital punishment appears to be in the pipeline in Turkey. Although it looks like Nationalist Movement Party (MHP) leader Devlet Bahceli opened the door for it, it was actually President Recep Tayyip Erdogan who initially gave the signal that capital punishment would be included in the government???s constitutional draft. The inclusion of the death penalty into the draft would be useful both for obtaining MHP support and also during the rallies for the impending referendum on constitutional changes for a presidential system. Crowds would chant enthusiastically: "Hang them, hang them." Who should we hang? Prime Minister Binali Yildirim answered this on Nov. 1: The death penalty could be reintroduced for a certain "limited" number of crimes and, most importantly, "it should be known that it cannot be retroactive," he said. In other words, the death penalty will not be applicable for either the July 15 coup plotters or for the terrorist offenses of members of the outlawed Kurdistan Workers' Party (PKK) and the Islamic State of Iraq and the Levant (ISIL). Until the law is ratified, the punishment for such offenses will continue to be an aggravated life sentence. Capital punishment will be applicable only for acts committed after the date of approval. But is it not true that those chanting "death, death" in town squares actually want those guilty of past crimes to be hanged? The prime minister's statement that any reinstatement cannot be retroactive is very important and correct. Bahceli should now express his view on this question. It has been argued that "the people want the death penalty." But if that is the case, why don't we hold a referendum on the question of migrants? Or why did we criticize the holding of referendums in Europe on building minarets? How can we criticize the appeals to voters by populist politicians using Islamophobic and xenophobic rhetoric? Aren't they also saying, "this is what the people want"? To avoid this kind of populism, which is today rising across the world, the political class must be very careful about the law and must carefully scrutinize how decisions made with today's mass psychology could affect the country and future generations. The motivation behind new laws should not be the short-term pursuit of votes, but the responsibility of tomorrow. This is absolutely true for Turkey. Breaking away from European legal principles would cause huge damage to the economy and future generations. It's not just me saying that, it is also economists and members of the government like Ali Babacan and Mehmet Simsek. The MHP administration, meanwhile, could also ask former Central Bank governor Durmus Yilmaz how the economy would be affected by breaking away from European law. Pointing out that the Turkish economy's per capita GNP has never been able to exceed the $10,000 threshold, stuck in the "middle-income trap," Babacan said back in 2014 that "the legal norms of the Council of Europe are references for us ... Our only remedy is to practice the rule of law in Turkey in the best way." Simsek also said in 2015, when he was readying the government's economic program, that "Turkey will have 3 anchors in the coming term: Fiscal discipline will continue, the EU process will be invigorated, and structural reforms will be carried out." Sure, let's reintroduce the non-retroactive death penalty; let's hang 3 or 4 terrorists. What would happen then? The Council of Europe would suspend our membership and our EU accession process would freeze. We would self-sabotage 1 of the 3 anchors we rely on in the economy, casting a shadow on our "only remedy" by ourselves. Where would the economy go in this eventuality? At present, capital is starting to shrink in the world and foreign exchange rates are rapidly rising. At such a time, Turkey needs an inflow of foreign capital amounting to roughly $200 billion every year. True, South Korea is a very successful economy without being an EU member. But in the most recent World Rule of Law Index, South Korea was in 11th place while Turkey was in 80th place. That is why Babacan says "our sole remedy is EU Law." If we hamper our economy to this extent, will Turkey's fight against terrorism strengthen? Will terrorists drop their arms out of fear of execution? Was the PKK discouraged back when the death penalty was still in place in Turkey? For the good of the country, do we not need science, intellect, debate, moderation, common sense, diplomacy and law more than ever? (source: Hurriyet Daiy News) INDIA: Supreme Court stays execution of 2 men for killing 8 of family -- Then CJI Dattu had said it was a meticulously planned diabolic murder done without any provocation The Supreme Court has stayed the execution of 2 men for the brutal murder of their brother and his entire
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Nov. 2 SINGAPORE: He gives hope to those on death rowLawyer wins award for pro bono work in capital offence cases Even after appealing twice, his client was still sentenced to hang for trafficking in drugs. But lawyer Eugene Thuraisingam held on to hope that he could save his client, Dinesh Pillai Reja Retnam, a Malaysian national who was convicted in 2011. Just when it seemed hopeless, an amendment to the law allowed Mr Thuraisingam to apply for a re-sentencing. His client, who was found to be suffering from depression when caught trafficking in 19.35g of heroin in 2009, became the 1st drug convict to escape the noose because of his mental condition. Dinesh Pillai, who was given life imprisonment, is just one of many clients Mr Thuraisingam has saved from the death penalty in the past 12 years. Yesterday, Mr Thuraisingam, 41, was conferred the Lasco Award - in recognition of his commitment and service to the scheme, state and community - at the inaugural Tri-Court Volunteers Appreciation Dinner. Since January 2012, he has handled 13 cases - 6 trials and 7 appeals under the Legal Assistance Scheme for Capital Offences (Lasco). Lasco is a scheme which ensures that all people facing capital charges in the High Court are given legal representation by pro bono lawyers. There are about 200 lawyers on board this scheme. Mr Thuraisingam said that his wife and three children, aged between 5 and 8, were proud of him for receiving the award, but he admitted that there have always been mixed emotions when handling cases involving the death penalty. Referring to Dinesh Pillai's case, he said the Malaysian was paid RM200 (then S$80) to carry a package containing drugs into Singapore. "I was happy that I saved someone from the gallows. Yet I was also sad because over a RM200 profit, someone has to spend the rest of his life in prison," he said. Mr Thuraisingam also represented another Malaysian, Wilkinson Primus, who was caught with 35.66g of heroin in his motorcycle when riding into Singapore on Nov 3, 2008. Wilkinson was given the then-mandatory death penalty in 2009. But in 2014, Mr Thuraisingam applied for a re-sentencing under the amended laws, relying on psychiatric reports that Wilkinson was suffering from major depressive disorder and was "performing at an extremely low level of intellectual functioning" at the time. The prosecution did not object to the application and Wilkinson was also given life imprisonment. Working such capital charge cases are never easy and are always stressful, said Mr Thuraisingam. "The pressure is very high. It's extremely intense," he said. "What most of us do is to take a step back and be objective, because you won't do the client any good if you don't distance yourself from the fact that he is facing capital punishment. "So know your law well, know the facts well and fight hard to the best of your ability," he said. Mr Thuraisingam is full of praise for the Lasco scheme. He said: "Without the dedication and compassion shown by the many lawyers who participate in this scheme, there would be no representation for these people in court. "Because none of them can afford lawyers. They are the poorest of the poor, some who are exploited for RM200." Mr Thuraisingam, who is against the death penalty, said he will continue to fight to save lives. "The simple reason is that none of us can say why we are here on earth and where we go to when we die. "When you cannot answer that question, I feel you have no right to take away life," he said. I was happy that I saved someone from the gallows. Yet I was also sad because over a RM200 profit, someone has to spend the rest of his life in prison.-- Lawyer Eugene Thuraisingam on one of his cases Judicial volunteers and pro bono services are essential in making justice accessible to those in need, said Chief Justice Sundaresh Menon at the inaugural Tri-Court Volunteers Appreciation Dinner, held at the Grand Copthorne Waterfront Hotel, last night. For the 1st time, the judiciary, comprising the Supreme Court, the State Courts and the Family Justice Courts, came together to show its appreciation and recognise the contributions of volunteers in pro bono work. In the last 3 years, the number of judiciary volunteers - including lawyers as well as volunteers, such as engineers, lecturers and retirees who serve as mediators and counsellors - grew by about 20 %, from 229 in 2014 to 284 this year. VITAL TO JUSTICE Said CJ Menon: "The fact is there are the disadvantaged in society who lack the means to pay for legal services that would allow them to access justice in a meaningful way. "It is here that pro bono work bridges the gap." He referred to lawyers and non-lawyers, such as volunteers who provide meditation or counselling services, and said both groups are equally vital to the administration of justice. Last night, 4 volunteers were
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Nov. 2 UNITED KINGDOM: There's a Legitimate Case for the Death Penalty in the UK - It Shouldn't Be Taboo The UKIP leadership contender Paul Nuttall MEP has expressed support for restoration of the death penalty. It was a cautious plea in a measured tone. There were caveats. He would favour it in exceptional circumstances "for child and serial killers". Furthermore he would only wish to see capital punishment restored if it had first won support in a referendum. Still, for him to have to be temerity to raise the issue at all was still enough to produce indignation. "UKIP are the only thing the death penalty should be used on," was the measured response of one member of the Lib Dems via Twitter. Milder responses to Nuttall's view was that it was "extreme", "barbaric", "uncivilised" and that he proved himself to be a "demagogue" by proposing it. Yet Nuttall's opinion is widely shared. The last time YouGov polled on the matter - in 2014 - there was support from 45% for the reintroduction of the death penalty for murder, opposition from 39%. Often the debate is characterised as encompassing left wing" and "right wing" divide. However, 35% of Labour voters support capital punishment. Yet not a single one of the 231 Labour MPs in the House of Commons shares their view. I suspect that if any of them were to do so they would be deselected. There has been much reflection on how out of touch Labour proved with its working class supporters over Brexit. In a way this disconnection is even more stark with regard to the death penalty. Inevitably there will be strong emotions - but sensible people will consider the evidence. The real justification for capital punishment is not some bloodthirsty desire for retribution but the conclusion that it would mean fewer lives being lost. The overwhelming verdict from the academic research in the United States is that it does. One study by professors at Emory University in 2003 estimated that each execution deters an average of 18 murders. That ratio was exceptionally high, but other research confirms that basic message. A 2006 study by professors at the University of Houston found that the Illinois moratorium on executions in 2000 led to 150 additional homicides over the following 4 years. Professor Naci Mocan of the University of Colorado undertook another research project which found that each execution results in 5 fewer homicides. He said: "The conclusion is there is a deterrent effect. The results are robust, they don't really go away. I oppose the death penalty. But my results show that the death penalty [deters] - what am I going to do, hide them?" What is even harder to dismiss is that capital punishment deters repeat offending. When Ronald Reagan was Governor of California he kept a sheet of paper on his desk which he would bring out when challenged on the issue. "It was a list of the names of 12 criminals, 12 murderers, who had all been sentenced to prison, who had all served their terms or been paroled, and released, " he said. "And at the time the list was on my desk, their total number of victims then was 34, not 12. I think capital punishment in the beginning might have reduced that figure considerably." Barack Obama has said, in the past at least, that he supports the death penalty: "We have to have this ultimate sanction for certain circumstances in which the entire community says this is beyond the pale." Hillary Clinton says she supports its use under "federal jurisdiction, for very limited purposes". Certainly the use of the death penalty has declined, and some argue its use is outdated. But the reality is that new technology strengthens the case for it. DNA evidence greatly reduces the risk of miscarriage of justice. Just as there is a moral case for pacifism, so the moral objection to capital punishment deserves respect. Yet the abolition of capital punishment since 1965 in the UK has had the practical consequence that innocent lives have been lost that otherwise could have been saved. This is why ordinary people continue to debate the issue in a rigorous and intelligent manner. Its consideration should no longer be a taboo among the political establishment. (source: Harry Phibbs, heatst.com) TURKEY: Is Erdogan really serious about bringing back death penalty? President Recep Tayyip Erdogan continues to respond to calls from his supporters for the plotters of the July 15 attempted coup to receive the ultimate punishment, and he is signaling his keenness on seeing the death penalty reinstated in Turkey. It is not clear, though, whether he is doing this for its own sake or if he is using the topic to increase his support base as the debate on changing Turkey from a parliamentary system to an executive presidency gathers steams. Turkey, a Council of Europe member and a signatory to the European Convention on Human Rights, abolished the death penalty
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Nov. 1 KENYA: Tread carefully on issue of the death penalty law The President recently commuted the death penalty for close to 3,000 inmates to life sentences. Unless there is mistrust in the effectiveness of our judicial system, there is a need for caution and careful thought. Death row prisoners did not commit minor offences. Many of them committed brutal murders. Also, some people are at home in prison, where they enjoy free ugali at the expense of the taxpayer. Severe sentences do not only render deserved punishment to offenders but also serve to deter crime. GEORGE NYUTU KARARI, Thika (source: Letter to the Editor, The Nation) UNITED KINGDOM: Ukip Leadership Candidate John Rees-Evans Wants Death Penalty For Paedophiles Unless Victim 'Looks 18'Rival asks if 13-year-olds are 'fair game'. A would-be Ukip leader has said paedophiles should receive the death penalty - but not if the victim "looks 18". John Rees-Evans, who has previously suggested a gay donkey raped his horse, suggested only abusers of "pre-pubescent" children would face the penalty under his re-introduction of capital punishment, suggesting it would only apply when the victim was under the age of 13. In an extraordinary policy position that even shocked fellow Ukip leadership contenders, Rees-Evans was speaking during a debate held by LBC radio when he caveated his position on paedophiles facing the death penalty - arguing it depends "what you define as a paedophile". Questioned by presenter Iain Dale about bringing back the punishment, Rees-Evans said: "I would vote in favour of the death penalty in the case of, specifically, for paedophiles and child killers." Dale pressed him further, asking whether "all proven paedophiles" would face the same punishment. He replied, before hesitating: "Yes ... but sorry, with paedophiles I wouldn't say necessarily someone (the victim) who looked 18, and was 15 1/2." When others on the panel started to question his stance, he added: "If you wanted to make that a semantic debate, you would have to sit down ... I haven't had the chance to clarify my answer. "It obviously depends what you define as a paedophile. In some countries it's legal to get married much, much younger. "Someone who is pre-pubescent. I would have the death penalty for someone (the victim) who is evidently pre-pubescent." Dale asked if he meant a 12-year-old, and leadership frontrunner Suzanne Evans then asked: "So 13-year-olds are fair game?" Rees-Evans replied: "They are fair game for the current punishment we dish out right now, yes." (source: huffingtonpost.co.uk) PAKISTAN: On Death Row in Pakistan When former police officer Khizar Hayat was imprisoned in 2003 on charges of murder, his widowed mother Iqbal Bano was promised by state-appointed lawyers that her son would soon return home. Certain about Hayat's innocence, Bano sold her jewelry and family property to save her son, only to receive a call one evening in June 2015 that her son was to be executed the next day. While a human rights law firm was able to get a stay on Hayat's execution due to his deteriorating mental illness, he is one of the thousands of prisoners in Pakistani jails currently awaiting execution. With 8,200 prisoners, Pakistan has the highest number of inmates on death row in the world, including many who weren???t given a fair trial or were convicted of crimes they didn't commit. Hayat's case was fought by a public defender, since his family could not afford private legal service. According to Bano, Hayat???s lawyer lacked competency and failed to make a good case for him. "Not getting a proper trial is something very common in Pakistan," says Zainab Mahboob, lawyer at Justice Project Pakistan, a pro bono law firm that worked to stay Hayat's execution. "State-appointed lawyers often take the fee and do not appear on hearings." According to Mahboob, most of the prisoners in jails come from poor backgrounds and cannot afford the expense of a strong defense. "Even if a crime is committed by a rich man, he never gets stuck in jail. He gets out. Don't know why and how, but he does," Mahboob added. In December 2014, following the Peshawar school massacre, the government removed the 7-year old moratorium on the death penalty. However, the impact on curbing terrorism remains controversial. According to the findings of Justice Project Pakistan, more than 3/4 of the death-row prisoners tried under Pakistan's Anti-Terrorism Courts have no link to a "reasonable definition of terrorism." These courts were established in 1997 by the Anti-Terrorism Act, which carries a series of provisions that fall under "terrorism," including "doing of anything that causes death," "damaging property by ransacking or looting" and "burning of vehicles or any other serious form of arson." The broad definition of terrorism has resulted in an aggravated use of death
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Nov. 1 PHILIPPINES: Minority solon vows to fight House Speaker on death penalty issue A senior minority lawmaker on Tuesday vowed to "put up a fight" against House Speaker Pantaleon Alvarez on legislative proposals to reimpose the death penalty. "The Speaker has thrown down the gauntlet on the death penalty. We will put up a fight," House Senior Deputy Minority Leader Lito Atienza said in a statement. Alvarez, a close ally of President Rodrigo Duterte, earlier said the House of Representatives intends to approve on final reading proposals to revive the death penalty law before Congress goes on a Christmas break. Atienza said reviving death penalty was tantamount to repealing the "right to life of every human being, of every Filipino." "The death penalty is the absolute and irreparable deprivation of human rights. It flouts the natural and unassailable right to life," Atienza said. A representative of the Buhay party-list in Congress, Atienza argued that the death penalty did not work before because only a handful of executions were actually carried out. "There's no point in performing another experiment on the death penalty that is bound to fail at the horrible sacrifice of more human lives," the lawmaker said. "The certainty of capture and punishment of criminals, regardless of the severity of the penalty itself, is the best deterrence to other would-be offenders," he added. He also denounced the death penalty as "infected with economic prejudice and human error." "It is bad enough we already have a virtual death penalty in place, with the unabated summary executions of alleged suspects and the benefit of a full and fair trial," Atienza said. Although death penalty was abolished in the 1987 Constitution, it was reinstated through Republic Act (RA) 7659, which imposes capital punishment on certain heinous crimes, and RA 8177 provides for lethal injection as the means of carrying out the death penalty. In 2006, then-President Gloria Macapagal Arroyo signed Republic Act 9346 abolishing death penalty in the Philippines by repealing RA 7659. House Bill 01 filed by then incoming House Speaker Alvarez and Capiz Rep. Fredenil Castro, seeks the reimposition of capital punishment for those convicted of heinous crimes such as plunder, trafficking of illegal drugs, and car theft. (source: gmanetwork.com) UNITED KINGDOM MILITARY: Shot At Dawn: Pardoned Soldiers RememberedA century ago they were shot for mutiny - one of the most serious crimes in the British Army - but now their honour has been restored. The Shot at Dawn Memorial in Alrewas, Staffordshire, had contained the names of 306 men who were executed for 'cowardice' or 'desertion'. With many now recognised as having been suffering from mental illnesses like post-traumatic stress disorder, these men were subsequently pardoned. As a result, the Staffordshire memorial was created to honour their sacrifices, along with all those who died in combat fighting for the British Empire in World War One. But these 306 names are the tip of a much larger iceberg. 200,000 serving soldiers were officially court-martialled by the British High Command in the First World War. Of these, 20,000 were found guilty of offences that carried the death penalty, while 3,000 are said to have officially received it, though many of these sentences were subsequently commuted. In the end, of these 3,000, 346 executions were carried out by firing squad. Now, of the 40 names left off the Shot at Dawn Memorial, 3 have been added, thanks to the persistence of memorial creator Andy DeComyn. They are New Zealander Jack Braithwaite, of the New Zealand Otago Regiment, Gunner William Lewis from Scotland, and Jesse Robert Short, from Newcastle-Upon-Tyne. Braithwaite's 'mutiny', according to the Birmingham Mail, consisted of nothing more than a misdemeanour. The 'bohemian' former journalist, who'd confessed at his trial to not being a natural soldier, had tried to calm down a belligerent prisoner at Blargies prison in Rouen, northern France, by taking the man to his tent to feed him. The soldier, Private Little, had been a ringleader in a small uprising against the prison guards. But Little was an Australian and couldn't be executed because Australia's government wouldn't allow Britain to execute its soldiers. But 'Bohemian Jack' Braithwaite was a New Zealander, and could be executed. His attempt to defuse the potential riot (sparked by appalling conditions at the prison) involved him leading Little away from the custody of a staff sergeant, which officially amounted to mutiny. He was subsequently shot by firing squad on August 28, 1916. His execution occurred within 5 minutes of Gunner William Lewis, who'd also been involved in the uprising at the prison. Meanwhile, Corporal Jesse Short was condemned to death for uttering "put a rope around that bugger's neck, tie a stone to it and
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Oct. 31 SIERRA LEONE: Prepare the gallows: Sierra Leone and the death penaltyFor the 1st time since its civil war, Sierra Leone might be about to execute someone. On the afternoon of September 8, the rain fell heavy on the courthouse roof as Justice Alusine Sesay's gavel cracked like thunder. The year-long trial for the murder of Sydney Buckle had come to an end, and Baimba Moi Foray - one of Sierra Leone's most famous witch doctors - was sentenced to death by hanging, along with his bodyguard, Foday Kamara. The crowd erupted. Nobody has been executed in Sierra Leone since 1998, when, at the height of the country's brutal civil war, 24 soldiers were publicly executed by firing squad. "In that moment, when they sentenced him, my memory went back to when I first knew Sydney was dead," recalled Buckle's mother, Victoria Johnson. "And yet, I was happy - very, very happy - because I knew that justice had prevailed." Johnson's certainty was short-lived as the sentencing has ignited a countrywide debate over whether Sierra Leone should revive executions. Foray's fate has been obscured by calls from human rights groups to maintain a moratorium on the death penalty, but the government is struggling to appeal to a justice-hungry public gripped by a recent surge in violent crime. The ethics of the death penalty have returned to the forefront of public discourse for the first time in nearly two decades, and whether Foray goes to the gallows or not, international organisations, civil society groups and human rights lawyers say the case is likely to set a precedent that will shape the future of judicial executions in Sierra Leone. "A country stops using the death penalty for a couple of years then all of a sudden they start using it again - that worries us, especially in countries with violent pasts," said Solomon Sogbandi, the executive director of Amnesty International's Sierra Leone office. "Because President [Ernest Bai] Koroma said he wasn't going to kill anyone during his regime, a commitment he has made internationally, we hope they won't carry out these executions. But that's not to say they won't happen." 'That man deserves to die' More widely known as DJ Cleff, Sydney Buckle was one of Sierra Leone's most popular on-air radio personalities. The day after Buckle attended a birthday party at Foray's house in June 2015, his body was found in an alley two miles away wrapped in cloth with three toes missing, a punctured eye and a large hole in his neck. The case grabbed national attention. Foray had been something of a local celebrity as both a socialite and a lavishly paid personal witch doctor to high-rolling clients. During the trial, Sulaiman Bah, Sierra Leone's director of public prosecution, suggested that the mutilation of Buckle's body was synonymous with certain traditional rituals. Foray chose not to testify, but rumours of black magic spread rapidly over social media and talk radio. The prosecution produced no direct witnesses against either Foray or Kamara during the trial and Justice Sesay acknowledged in his verdict that the case was built solely on circumstantial evidence, such as the cloth Buckle was wrapped in having come from Foray's house. But by the day of his sentencing, Foray had lost virtually all public support, and a recent increase in gang violence throughout the country's urban areas had further turned public sympathy towards hanging both men, with proponents believing that it would help deter other would-be murderers and violent criminals. "In my honest opinion, that man deserves to die," said Alhaji Ben Jalloh, a building contractor living in east Freetown. "We can't let lawlessness take over, so something must be done soon. We need to have a strong head on our justice system, and I honestly think that maybe if they killed those 2 guys we would see an end to all this violence. They need to be made examples." 3 days after the sentencing, Palo Conteh, Sierra Leone's minister of internal affairs, publicly ordered staff to clean the gallows at Freetown's central prison ahead of the executions. The following day, his comment ran on the covers of many of Freetown's largest newspapers, boosting the expectations of a public seemingly largely in favour of the death penalty. Yet since Conteh's comment was publicised, the government has largely backed away from the issue. Sierra Leone's attorney general, director of public prosecution, deputy minister of justice and presidential spokesman all declined comment for this story, beyond reasserting President Koroma's pledge not to conduct any executions during his time in office. 'I am against it' The current constitution, composed in 1991 at the onset of Sierra Leone's civil war by leaders of a military coup, allows for the death penalty to be invoked in cases of murder, robbery with aggression, mutiny and treason. The Truth and Reconciliation
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Oct. 31 IRAQ: Execution of Saudi prisoners widens gap between Baghdad, Riyadh On Oct. 7, Iraqi authorities executed Saudi prisoner Badr Ofan al-Shamri, making him the 3rd Saudi prisoner to be executed during 2016 in Iraq, following Abdullah al-Shanqeeti and Abdullah Azzam. Iraq has executed 3 Saudi prisoners and nine others are on death row, raising the objections of Saudi Arabia that wants Baghdad to transfer the prisoners to the kingdom. 9 other Saudis on death row are scheduled to be executed in November. They are Fahad al-Anzi, Mohammed al-Obeid, Majid al-Buqami, Faisal al-Faraj, Battal al-Harbi, Ali al-Shahri, Ali al-Qahtani, Hamad Yahya and Abdulrahman al-Qahtani, all in al-Hoot prison in Nasiriyah. Saudi media outlets reported anonymous sources as saying that Shamri had been extremely tortured during his 13-year detention, perhaps so much so that one of his legs had to be amputated. Shamri's family has accused the Iraqi authorities of torturing their son and vowed to sue the Iraqi government. In this context, Shamri's brother Salman said Oct. 11, "The signs of torture were visible on my brother's body and the Iraqi government will be sued for this." The issue of Saudi prisoners in Iraq is one of the most sensitive outstanding issues between the two neighboring countries, and one of the reasons behind their deteriorating relationship. Saudi Arabia keeps calling for the need for new trials for its nationals detained in Iraq and objects to the executions of Saudi citizens. Iraq says the Saudi prisoners formed part of terrorist organizations operating in Iraq since 2003. On Oct. 3, Ali al-Qarni, a spokesman for Saudi prisoners in Iraq, said in a press statement, "Almost 25 Saudi prisoners in Iraq have either completed their sentences or [should be released] under conditional parole according to a court decision, but none have been transferred to the Saudi Embassy in Iraq to be sent back home." It is said that the guillotine used in the execution of former Iraqi President Saddam Hussein is the same one being used to execute Saudi prisoners; if true, it is not whether this is a coincidence or a carefully calculated move by the Iraqi authorities. Saudi Arabia is seeking to persuade Iraq of the need for new trials for Saudi prisoners in Iraq or at least convince the Iraqi authorities to transfer the prisoners to Saudi Arabia to serve the rest of their sentences. However, Iraq is refusing to answer the Saudi demands. Saudi Arabia has accused the Iraqi government of not releasing 6 Saudi prisoners who completed their sentences in Iraqi prisons in Nasiriyah, Rusafa and Muthanna airport in Baghdad. On Aug. 14, Saudi prisoner Ali Mohammed al-Habbabi died at the age of 22 in the 4th Rusafa prison in Baghdad. His father said that his deceased son had a mental illness, but that Iraqi authorities did not provide treatment. Salman Ansari, the chairman of the Saudi-US relations committee, told Al-Monitor, "There are 60 to 85 Saudi prisoners in Iraq, and Saudi Arabia has the right to look after its nationals around the world and Iraq is no exception. There is an opportunity for the Iraqi government to mend its relationship with its Arab brethren, particularly Saudi Arabia, and coordinate with it in order to transfer Saudi prisoners and allow them to serve the rest of their sentences in their country." He added, "I am personally angered by reports proving that there have been unfair trials and sectarian discrimination against Saudi prisoners in Iraq. Whatever the charges for their detention, they have a right to a fair trial in which their human dignity is respected." Saudi Arabia seems to be making a significant diplomatic effort for Saudi prisoners to serve the rest of their sentences in their country, but this would likely cause a public and political commotion in Iraq. It seems very unlikely that the Iraqi government would take such a step displeasing its citizens. The issue of Saudi prisoners in Iraq has long been quite critical for Iraqi politicians; when former Saudi Ambassador Thamer Sabhan visited al-Hoot prison in Dhi Qar province in southern Iraq in June, a number of Iraqi politicians expressed their opposition to Sabhan's visiting prisoners the politicians considered to be terrorists. Several Iraqi political blocs called for an Iraqi version of the Justice Against Sponsors of Terrorism Act (JASTA) that recently was passed in the United States. Iraqi parliament members are saying Saudi Arabia should be sued for its role in supporting terrorism, accusing it of facilitating the way for Saudi and non-Saudi extremists to cross into Iraq to carry out terrorist acts. On July 12, Aws al-Khafaji, the head of the Abu al-Fadl al-Abbas faction, threatened to execute Saudi and non-Saudi prisoners detained in Iraq on terrorism charges if the Iraqi government was unable to execute them itself. The issue of Saudi prisoners in
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Oct. 30 CHINA: Kiwi facing death sentence for smuggling 30kgs of meth begins third year in Chinese jail A Kiwi facing the death penalty for attempting to smuggle 30 kilograms of methamphetamine out of China will begin his 3rd year in jail without knowing his fate. And Peter Gardner will have to wait for at least another 3 months after the Chinese court deliberating his fate had extended his detention to 25 January 2017. His lawyer Craig Tuck said Gardner was holding up as best as could be expected under the circumstances. "There is no indication about how long this will continue or when a decision will be made. "He is deeply grateful for the love and support of his family and friends. The situation is extremely difficult for his family and they seek to maintain their privacy until this matter is resolved." Gardner, a Kiwi and Australian citizen, was stopped from boarding his Sydney-bound China Southern flight from Guangzhou in November with travelling companion Kalynda Davis, after customs officials detected 30 kilograms of the drug methamphetamine, also commonly known as ice, in their bags. With a rough street value of $20 million, it was the biggest single haul of the drug ever seized at the airport. In May, Gardner told a court in Guangzhou that he had been duped into being a drug mule by a sophisticated international smuggling syndicate. "This is the biggest mistake of my life." Gardner thought he was performance-enhancing peptides used by athletes. A Ministry of Foreign Affairs and Trade spokesman said consular staff continued to visit Gardner regularly. "Consular staff from the New Zealand Consulate-General in Guangzhou continue to provide advice to Mr Gardner and his family, and regularly visit to check on his well-being. Consular officials most recently visited Mr Gardner earlier this week." He was detained on November 8, 2014, and for most of the past two years, he has shared a small cell with 20 other foreigners. Former prisoners have said the lights are kept on for 24 hours, no running water, and prisoners are fed 2 small portions of rice each day. According to figures released earlier this year, there are an estimated 800 Kiwis in foreign prisons around the world. (source: stuff.co.nz) UNITED KINGDOM: Ukip Leadership Candidate Supports Referendum On Bringing Back Death PenaltyIf enough people signed a petition Paul Nuttall would trigger referendum. A frontrunner in Ukip's leadership race has said he would hold a national referendum on bringing back capital punishment. Paul Nuttall told Sky News that "if enough people" signed a petition to bring it back, he would be "quite committed to" triggering a referendum on the death penalty. Ukip's former deputy leader has long been in favour of bringing back capital punishment for some crimes in Britain. "I've been quite open that I believe in capital punishment for the killers of children, for Ian Brady, which is what the majority of the British people think", he told the programme. He said he was in favour of holding more UK-wide referendums in the interests of "direct democracy", which could include reinstating the death penalty. "What we are quite committed to is holding national referendums. If a certain number of people sign a petition it would trigger referendums. It is called direct democracy", he said. In 2011 Nuttall himself signed a controversial petition on the matter, saying "I am in favour of restoring the death penalty for child and serial killers". "I think capital punishment is needed for such heinous crimes and I know that many other people feel the same. A YouGov poll last year found that 74% of people supported the death penalty for murder in some circumstances". "With improvements in science there is virtually no chance of mistaken identity - especially when it comes to serial killers. "While is not Ukip policy to bring back the death penalty I would vote yes if any such referendum was held on capital punishment", he said at the time. Nuttall told Sky News he would also hold a referendum on whether the legal period for abortions should be shortened, should the public want it. There are currently 7 candidates in the leadership contest, which closes in November. Nigel Farage has temporarily returned to lead the party, after his successor, Diane James, resigned 18 days into the job. (source: huffingtonpost.co.uk) INDIA: Manipur activists to seek pardon for woman on death row The Malaysian high court's verdict of death penalty for a Manipuri woman held for trafficking drugs has left many in the state shocked. The state women's commission is looking ways of obtaining clemency for Sangeeta Sharma Brahmacharimayum, 41, owner of a beauty parlour in New Delhi who was found guilty of trafficking over 1.6 kg of drugs (methamphetamine) at Penang International Airport on October 7, 2013. The court charged her
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Oct. 29 PAKISTAN: Wife of schizophrenia patient keeps up the fight to stop his execution; Court had earlier ruled that schizophrenia was not an illness With hope in her eyes, the wife of a schizophrenic convict once again knocked the door of the Supreme Court of Pakistan, asking for a review petition before her husband's execution, which is scheduled to be held on November 2. Safia Bano, wife of the convict moved an early hearing application for her husband case on October 31. "Demand that stay for death execution petition may kindly be heard on an urgent basis on October 31 because if the application is not heard on the same day then the petition would become infructuous and the husband of the petitioner would be hanged on November 2 in the early morning," Bano stated in her application. Despite the pendency of review petition, a session court in Vehari issued the death warrant for Imdad Ali aged 50, who was awarded death penalty in 2001 over a shooting case. Imdad, the convicted, has spent 14 years on death row along with 3 years in solitary confinement in jail hospital due to paranoid schizophrenia, a seriously debilitating mental illness which he was diagnosed with in 2013. According to National Institute of Mental Health (NIMH), a federal agency for research on mental disorders in the United States of America (USA), schizophrenia is a chronic and severe mental disorder that affects how a person thinks, feels, and behaves. According to NIMH, people with schizophrenia may seem like they have lost touch with reality and although schizophrenia is not as common as other mental disorders, the symptoms can be very disabling. The medical report of Imdad described him as actively suffering from psychotic symptoms and a psychiatrist at the prison deemed him a treatment-resistant case. However, the top court last week in its 11-page judgment ruled that schizophrenia does not qualify as a mental disorder under the mental health laws - a verdict that cleared the way for his execution. "In our opinion, rules relating to mental illness are not subjugative to delay the execution of death sentence which has been awarded to the convict," said the SC's verdict. Safia Bano, wife of the convict, had moved a review petition against dismissal of her petition. The review petition said that the SC had relied upon the Indian's court judgment, which was not applicable in Imdad's case, adding that Indian courts sought to address as to whether a convict was suffering from any mental disorder. "But in this matter, the question is whether or not schizophrenia falls within the definition of 'mental disorder," it stated. The petition stated that schizophrenia is known to be the result of structural and biochemical changes in the brain and it is classified as a chronic and permanent mental disorder. "Indeed, the petitioner's husband's medical records in prison reflect that he has consistently displayed symptoms of schizophrenia, and is not showing signs of improvement. He has active psychotic symptoms," stated the review petition. It further stated that the mandatory provisions of Chapter 18 and Rule 362 of the Pakistan Prison Rules must be enforced in the case of an established case of mental illness in order to prevent a serious violation of fundamental rights. (source: Daily Times) ** Verdict announced: 2 sentenced to death in murder cases At least 2 men were awarded death sentences in separate murder cases in Dera Ghazi Khan on Friday. The judgment was announced by the additional district and sessions court. According to prosecution, accused Rashid, Nabi Baksh and Abdul Rehman killed Hasnain and Nazo Mai over suspicion of having illicit relations. After the incident, the accused fled the scene but were later arrested by the police. After complete investigation, police submitted a challan in court. Following proceedings, the court sentenced Rashid to death and imposed a fine of Rs0.3 million. However, the court acquitted Nabi Baksh and Abdul Rehman for lack of evidence. Similarly, Additional District and Sessions Judge Muhammad Jehangir Ashraf sentenced a man to death in a murder case. Accused Ramzan and Akhtar gunned down Pervaiz over a dispute over a marriage proposal. The court awarded the death penalty to Ramzan as he was found guilty of the murder and acquitted Akhtar for lack of evidence. Meanwhile, another court awarded 10 years rigorous imprisonment to a robber in Dera Ghazi Khan. Accused Akbar Khosa committed a number of armed robberies and was also involved in killing of innocent citizens. The civil magistrate also imposed a fine of Rs0.13 million on him. The convict will undergo an additional six-month jail term if he failed to pay the fine. (source: The Express Tribune) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu
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Oct. 28 PAKISTAN: Pakistani Boy Facing Death Penalty After Muslim Accused Him of Burning Quran Released from Prison A 9-year-old Christian boy facing the death penalty after being accused of burning the Quran has been released from prison thanks to the efforts of politicians and humanitarian groups. According to the London-based charity British Pakistani Christian Association, the little boy, Izhan, was at school in the town of Quetta when he was accused of burning a copy of Islam's holy book by a local Muslim. The next day, he and his mother, Shakil, who works as a nurse at a nearby hospital, were arrested without the police conducting an investigation into the blasphemy allegations - a crime carrying the death penalty. "News of the arrests created huge community tension, however prompt police action prevented threats to the Christian community and the formation of a mob from becoming a full scale attack on an innocent Christian community," reads the BPCA report. Pakistani human rights activists quickly went to try and secure the release of the child and his mother, and officers from BPCA, along with other human rights advocates, spent the four days after the arrest calling for their freedom. The 2 Christians were released last week, and police confirmed that no evidence of any alleged Quran desecration was found. Pakistan's notorious blasphemy laws often target Christians, which make up just 1.6% of the country's population. According to BBC News, "scores" of Christians have been found guilty of desecrating the Koran or of blasphemy since 1990. Earlier this year, a young Christian boy in Pakistan was charged with blasphemy and forced to run for his life after Muslim leaders offered a $10,000 reward for his body because he was falsely accused of viewing anti-Muslim material on his phone. Last month, a 16-year-old boy was arrested for allegedly posting an image of the Kabba in Mecca on his Facebook page. The crime should have received a maximum of a 10 year sentence - however, in a recent ruling, a judge increased the charge, meaning the teen could face death by hanging. The teen's family have been forced to flee their home in Bhai Pheru for fear of violence as their son awaits trial in prison. Pakistan, the world's 2nd largest Muslim country, is ranked #6 on the Open Doors 2016 World Watch List of the worst persecutors of Christians, and has received the maximum score in the violence category. Wilson Chowdhry, Chairman of the British Pakistani Christian Association, condemned Pakistan's blasphemy laws, saying "they serve no purpose but to cause pain and anguish to innocent victims." "They are used as tools for discrimination and to settle personal vendettas," he said. "International bodies like the UN turn a blind eye to the impact of such laws to the detriment of global society. Their failure to respond is simply creating schism and animosity and the rise of Islamophobia, despite the fact most liberal Muslims despise the laws themselves." He added, "Pakistan's refusal to reform or abrogate these laws should be recognized as a contravention of human rights especially freedom of religion, conscience and free speech. Action must be taken now before Pakistan a nuclear nation reaches a point of no return, especially considering the whipping up of hatred towards minorities that Imams in Pakistan use the laws to generate." (source: The Gospel Herald) PHILIPPINES: '5 executions a day' if death penalty returns, Duterte quipsHouse speaker vows bill to revive death penalty out before Christmas The Philippines might carry out 5 executions of convicted criminals a day to ease prison congestion once the death penalty is reimposed in the country, President Rodrigo Duterte candidly remarked during a meeting with the Filipino community in Tokyo. "Some have opposed it even if our jails are overcrowded with some reaching 1,000. But that's not a problem, we will execute 5 every day," the president said while on a visit to Tokyo a few days ago. House Speaker Pantaleon Alvarez, for his part, has assured the House bill seeking to reinstate death penalty will be passed before Congress goes on a Christmas break. "I don't know with the Senate, I don't control it, but as far as the House is concerned, we will approve it before the Christmas break," Alvarez said in a media interview in Tokyo on the sidelines of the President's visit. Alvarez said it was up to the executive branch to propose about the form of capital punishment. "If they want to hang them, shoot them by firing squad, it's up to them. The criminals would be dead either way." He said death penalty was not an effective deterrent to crimes before because the previous governments did not carry out more executions. "Before they speak, they should look at the record first. How many were killed? It had not been a deterrent because they kept on objecting, so it
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Oct. 28 CANADA: Survey respondents cite the business case for the death penalty Earlier this year, Canada marked 4 decades since the abolition of the death penalty. Last July, Insights West looked at how Canadians feel about this issue and found some eye-catching results, both in policy and motivations. Across the country, 53% of Canadians support reinstating the death penalty for murder in Canada; 36% are opposed. It must be outlined that support, while high, is tepid, with 29% of Canadians saying they are "somewhat" in favour of bringing back capital punishment. Still, the fact that a majority of Canadians would change such a fundamental component of the justice system merits a deeper look. Men (at 56%) are slightly more likely to be in favour of the death penalty than women (52%). Canadians aged 55 and over are also more supportive of changing the law (59%) than those aged 35 to 54 (51%) or 18 to 34 (also 51%). Alberta boasts the highest proportion of capital punishment supporters (57%), but British Columbia is not far behind (52%). When the results are analyzed through party lines, people who voted for the federal Conservative Party in 2015 are overwhelmingly in favour of reinstating the death penalty (68%). Canadians who voted for the New Democratic Party or the Liberal Party last year are not as convinced (53% and 48%, respectively). Our views on the death penalty are also affected by recent news and events. Pollsters who asked this question in the aftermath of the Karla Homolka trial, for instance, garnered higher support for the death penalty than at previous times in the country's history. This might also explain why Alberta scored higher than any other region this year, because the survey was conducted immediately after Calgary resident Edward Downey was charged with 2 counts of 1st-degree murder. What was truly surprising about the latest survey is that the reasons cited by supporters of capital punishment are not purely moral. When those Canadians who would like to see the death penalty return to Canada were asked about their motivations, only 24% agreed with the notion that "murderers cannot be rehabilitated." Half of death penalty supporters (50%) suggest that capital punishment would provide "closure to the families of murder victims," while a similar proportion (53%) subscribe to the "eye for an eye" dictum: if a murderer has taken a life, the death penalty fits the crime. The idea of capital punishment acting as a deterrent for potential murderers is endorsed by 59% of death penalty supporters. Surprisingly, none of these reasons are top of mind for Canadians who would like to bring back the death penalty. Almost 2/3 of them (63%) believe the death penalty would save taxpayers money and the costs associated with having murderers in prison. The survey shows that fiscal concerns are the main reason cited for Canadians who want to change a law that has been in place for 4 decades. It is atop the list of motives for men (70%), Canadians aged 55 and over (73%) and Conservative voters (also 73%). It is not a shock to see a large majority of Albertans who support the death penalty (78%) side with the notion of saving money. The surprise is that the proportion is slightly higher in British Columbia (82%). Conversely, opponents of the death penalty in Canada cite the possibility of wrongful convictions (76%) as the main reason to resist any change in existing legislation. Several high-profile cases in the United States have not gone unnoticed by Canadians, who are keenly aware of the mistakes that a justice system can make. (source: Commentary; Mario Canseco is vice-president of public affairs for Insights WestBusiness Vancouver) PAKISTAN: Lawmakers to seek clemency for schizophrenic man on death row A human rights committee in Pakistan's upper house of Parliament has called on the government to spare a mentally disabled man from the death sentence which is due next week. Lawmaker Farhatullah Babar says the committee will seek a pardon from President Mamnoon Hussain for 50-year-old Imdad Ali, a convict who was diagnosed with schizophrenia in 2008. Thursday's development comes days after Pakistan's highest court rejected Ali's final appeal, claiming his disease does not qualify as a mental disorder. Ali has been on death row since he was convicted in 2001 of murdering a religious scholar. Babar says the committee was taking action because 2 Pakistani brothers were "wrongfully hanged" last year while their appeals were still pending. Under Pakistan's Constitution, the president has the authority to pardon any convicted person but Mamnoon had rejected an earlier mercy petition in May. The legal team filed a new petition last month. Since reintroducing the death penalty in 2014, Pakistan has executed 425 people. The reintroduction of the death penalty was prompted by the mass killing of more
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Oct. 27 IRAN: At least 110 Executions will be Carried Out before 20 March 2017 According to the families of death-row prisoners who are detained in the central prison of Karaj, the prison authorities told them that the sentences of all those sentenced to death, about 110 to 120 people, will be implemented before the start of Iranian New Year on 20 March 2017 in the Central Prison of Karaj. The announcement caused panic and concerns among the prisoners and their families. In addition, reports indicate that the guards in central prison of Karaj have transferred the death-row prisoners, particularly the prisoners incarcerated in Ward 5, to different wards of the prison. The families say that prison official moved the death-row prisoners to different wards in order to prevent protests and rioting during their transfer for implementation of the sentences. It should be pointed out that prison officials strongly fear protests inside the prisons, in particular prisons where there are high number of death-row prisoners. Because of this fear and in order to prevent protests, they often enter the prison cells unannounced and forcefully transfer the prisoners to solitary confinement first while handcuffing and shackling and blindfolding them before taking them for implementation of the death sentence. (source: NCR-Iran) PAKISTAN: Pakistan president urged to halt Imdad Ali executionLawmakers and activists say man facing the gallows is a paranoid schizophrenic who does not deserve the death penalty. A human rights committee in Pakistan's upper house of parliament has urged the government to halt the execution of a man diagnosed with schizophrenia that is planned for next week. Lawmaker Farhatullah Babar said the committee will seek a pardon from President Mamnoon Hussain for 50-year-old Imdad Ali, a convicted killer who was diagnosed with the disease in 2008. Thursday's development comes days after Pakistan's highest court rejected Ali's final appeal, claiming his illness does not qualify as a mental disorder. Ali has been on death row since he was convicted in 2001 of murdering a religious scholar. He is to be executed on Wednesday. Babar said the committee was taking action because 2 Pakistani brothers were "wrongfully hanged" last year while their appeals were still pending. Ali's lawyers argue he should not be executed because he is unable to understand his crime, and doing so would violate the International Covenant on Civil and Political Rights, a UN treaty to which Pakistan is a signatory. "Imdad's death will serve no retributive purpose as he remains completely unaware of this reality," said defence lawyer Sarah Belal in an emailed statement. A government psychiatrist told Reuters news agency he had no doubt about Ali's mental condition. "I have been treating this man for the last 8 years, and there is absolutely no room for doubt in this that he suffers from paranoid schizophrenia," said Tahir Feroze. On October 20, hearing Ali's final appeal, Pakistan's Supreme Court ruled that schizophrenia is "not a permanent mental disorder" and, therefore, could not be defined as a mental illness. With his execution date set, Ali's only hope of a reprieve is a pardon from President Hussain, who rejected an earlier mercy petition in May. Ali's legal team filed a new petition last month. As a last resort, Ali's wife said she is seeking forgiveness for her husband from the family of the murder victim, which could avert his execution under a feature of Islamic law used in Pakistan. "We are trying to contact them, but they are never available to us. We are trying to set a meeting," Safia Bano said. Pakistan has hanged more than 400 convicts since a moratorium on executions was lifted in 2014. Pakistan halted executions between 2008 and 2014 due to pressure from international human rights groups. But it lifted the moratorium following a Taliban attack on a school in Peshawar in December 2014 that killed 150 people, nearly all of them children. Reprieve, a UK-based rights group that campaigns against the death-penalty, said 94 % of prisoners recently hanged in Pakistan "had nothing to do with terrorism". Maya Foa, a director at the group, said: "These latest numbers show that the Pakistani government is using 'terrorism' as a smokescreen to execute vast numbers of prisoners - including innocent scapegoats, juveniles, and mentally ill prisoners like Imdad Ali." (source: aljazeera.com) SINGAPORE: Woman charged with murder of 5-year-old son A woman was charged in court on Thursday (Oct 27) with murdering her 5-year-old son together with her husband. Azlin Arujunah, 24, is alleged to have caused the death of her son together with Ridzuan Mega Abdul Rahman, 24, at a flat in Lorong 1 Toa Payoh between Oct 17 and 22. The prosecution applied for her to be remanded at Central police division for investigation.
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Oct. 27 IRAN: 12 executions in Karaj, Shiraz, Ahvaz and Salmas prisons Anti-human regime of mullahs hanged 12 prisoners in the central prisons of Karaj, Shiraz, Sepidar of Ahvaz and Salmas during days 23 to 25 October. One of the 5 prisoners that were hanged collectively on Tuesday morning, October 25 was a 25-year- old youth by the name of Saeed Pour-Hassan. On the day before, 3 prisoners in Shiraz and 2 young brothers in Abadan from Arab minority were hanged in the Sepidar prison of Ahvaz. In fear of the people's wrath, repressive SSF (State Security Force) were stationed in various locations in the Salich district of Abadan strictly controlling the people. Also on October 23, 2 Kurd prisoners were hanged in in the prison of Salmas. Meanwhile, Bahram Ghasemi, the regime's foreign ministry spokesman, described the recent European Parliament resolution about Iran as being "inaccurate" and based on "false information and reports". He called repression and killing of the Iranian people as an internal issue and said, "We have not and will not allow any individual or country to speak or judge about our internal issues." (state-run News Network, October 24) The Iranian Resistance calls all the Iranian people and particularly the brave youths to protest against the brutal death penalty. It reiterates any dealing with the mullahs' regime should be contingent upon improvement of human rights situation, especially halt of executions. (source: Secretariat of the National Council of Resistance of Iran) EGYPT: More Action Needed! - Prisoner of Conscience At Risk Of Death Penalty (Egypt: UA 243/14) Urgent Action October 26, 2016 A Cairo court adjourned to 1 November the trial of photojournalist Mahmoud Abu Zeid, popularly known as Shawkan. He is a prisoner of conscience facing 9 trumped-up charges and is at risk of the death penalty, if convicted. On 8 October, Cairo Criminal Court adjourned the trial of photojournalist Mahmoud Abu Zeid and 738 other defendants to 1 November, while it released Hosny Ali, a defendant suffering from cancer. One of Mahmoud Abu Zeid's lawyers told Amnesty International that the trial has been adjourned to screen the remaining pictures and videos that are supposed to contain evidence backing up the charges against the defendants. Mahmoud Abu Zeid was arrested on 14 August 2013 while photographing the violent dispersal by security forces of the Rabaa al-Adaweya sit-in in Cairo. The case is referred to by Egyptian media as the "Rabaa dispersal" case. At the 8 October session, the Public Prosecution displayed a few CDs containing pictures and videos allegedly incriminating the defendants. However, defence lawyers objected to what was contained in the CDs because they related to events that pre-date the dispersal of the Rabaa al-Adaweya sit-in, such as the "25 January Revolution" in 2011. The Prosecution responded by saying the evidence was supplied by the National Security Agency without elaborating. Since early 2015, the National Security Agency has emerged as the principle state agency engaged in suppressing opposition to the government, committing torture and other serious violations with impunity. Shawkan has been held far in excess of the 2-year detention limit set out in Article 143 of Egypt's Code of Criminal Procedures for those at risk of life imprisonment or the death penalty. The law says that they must be sentenced within a 2-year period, or otherwise released immediately. His lawyers' requests for his release have been unsuccessful so far. He is detained in Cairo's Tora Prison Complex, and was moved on 19 October from Istiqbal Prison to Tahqiq. The reason for this transfer is still unclear. Mahmoud Abu Zeid is being tried in a mass trial with 738 other defendants, including leaders of the Muslim Brotherhood movement. He faces 9 trumped-up charges, which include "joining a criminal gang" and "murder". He has denied the charges against him. Mahmoud Abu Zeid only receives medication for Hepatitis C sporadically. 1) TAKE ACTION Write a letter, send an email, call, fax or tweet: -- Urging the Egyptian authorities to drop all charges against Mahmoud Abu Zeid and release him immediately and unconditionally as he is a prisoner of conscience detained solely for peacefully exercising his right to freedom of expression; -- Calling on them to provide Mahmoud Abu Zeid with any medical treatment he may require. Contact these 2 officials by 7 December, 2016: Public Prosecutor Nabil Sadek Office of the Public Prosecutor Madinat al-Rihab New Cairo, Egypt Salutation: Dear Counsellor Ambassador Yasser Reda Embassy of Egypt 3521 International Ct NW, Washington DC 20008 Fax: 202 244 4319 -OR- 202 244 5131 I Phone: 202 895 5400 Email: ambassa...@egyptembassy.net Salutation: Dear Ambassador (source: Amnesty International USA) UGANDA: Pardon Prisoners On Death Row On October 24, Kenyan
[Deathpenalty] death penalty news----worldwide
Oct. 26 UNITED KINGDOM: Death row artist's work on show at Bridport Arts Centre An art exhibition depicting the practice and history of capital punishment by an artist awaiting execution is now on display at Bridport Arts Centre. 'Who Lives, Who Dies, Who Decides' comprises work by Kenneth 'Kenny' Reams, who has been on death row in Arkansas since 1993 for a crime he committed when he was 18-years-old. The exhibition is a key component of 'Art for Amicus' a series of exhibitions by artists awaiting execution across the US. More than 50 works of art are on display, including pencil drawings, acrylic paintings and several installations. The aims of his exhibition and of Art for Amicus are to highlight the importance of art to those in difficult circumstances and to raise awareness of the human rights issues surrounding the use of the death penalty. Kenny's mother was only 15 when she gave birth to him. She suffered mental health issues and there was alcohol and substance abuse in the household and his father had no contact with him. Kenny left home at 13, falling in with a group of older offenders in a small, crime-ridden town. In 1993, aged 18, he was arrested with a friend in connection with a hold-up at gun point and the victim had been shot dead by a single bullet. Kenny did not pull the trigger but has otherwise never denied involvement. Both Kenny and his co-defendant were offered a plea deal - a life sentence without the possibility of parole for a guilty plea. Kenny stood trial, not believing his role justified life imprisonment, let alone execution, while his co-defendant accepted the deal. However, Kenny was sentenced to death and at the time he was the youngest death row inmate in Arkansas. He started to draw whilst in prison, a talent which he had always had but never developed. Bringing Kenny's message and art to the UK was the brainchild of barrister Samantha Knights, who first met Kenny in 2000 during a capital defence internship with Amicus. He would write to her and send pencil drawings and Samantha began to send him art materials. In 2014, Kenny's work was exhibited in Little Rock, the capital of Arkansas, and Samantha suggested a UK exhibition. She said: "Through the medium of art it is hoped that people will reflect on issues of crime and punishment, not just how it is carried out in the US but also more generally. That is what Kenny hopes to achieve through this exhibition." Amicus is a legal charity that fights for justice on US death rows and helps to provide legal assistance to those facing execution. Kenny Reams' exhibition is at Bridport Arts Centre until November 26th. (source: viewnews.co.uk) PAKISTANimpending execution Pak to execute mentally ill prisoner next week Pakistan court upholds life sentence for political activistPakistan arrests 7 over attacks on court, Christian colonyPakistan court bails women jailed for 'vulgar' textsPakistan court delays hanging of mentally-ill manPakistan court adjourns case of British woman's murder Pakistan has decided to execute a mentally ill prisoner on November 2 after the Supreme Court rejected his final appeal, ruling that schizophrenia cannot be a ground for halting a death penalty as it does not qualify as a mental disorder under the Mental Health laws. "The death warrant for mentally ill condemned prisoner Imdad Ali has been issued by the Sessions Court upon the request of the Government of Punjab. He will be executed on November 2," said Justice Project Pakistan in a statement. Imdad Ali, who was sentenced to death in 2001 over a shooting, was to be executed on July 26 but his wife filed a writ petition in the Lahore High Court to delay her husband's hanging as he was diagnosed with paranoid schizophrenia. The high court rejected her plea on August 23, forcing the wife to approach the Supreme Court. However, last week, the Supreme Court rejected the plea, ruling that schizophrenia does not qualify as a mental disorder under the Mental Health laws. Pakistan's apex court cited the judgment of India's Supreme Court in 1976 case of Amrit Bhishan Gupta vs the Union of India in which the court had rejected a petition to stop execution of a man suffering from schizophrenia. The apex court's ruling triggered a massive outcry by local and international human rights groups. Pakistan's Ministry of Human Rights, also sent a letter advising Interior Ministry to stay the execution on humanitarian grounds, according to JPP. A mercy petition was filed by Ali's family and his lawyers to President Mamnoon Hussain on September 19, but it is still pending with his office. Pakistan has signed international agreements which prohibit the execution of mentally ill prisoners. (source: Business Standard) CHINA: China's farmer nail gun killer Jia Jinglong gains popular support after death sentence 2 years after the leaders of his
