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Sept. 24 INDONESIAfemale may face death sentence British citizen may face death penalty for allegedly smuggling narcotics Surabaya district court sought a death penalty for Andrea Ruth Waldeck, 43, a British citizen from Rustington, UK, who has been named a defendant in a trans-boundary narcotics smuggling case in her 1st trial, on Monday. Prosecutor Deddy Agus Oktavianto said Waldeck was charged under Article 114 (2) and Article 112 (2) of Law No.35/2009 on Narcotics with a maximal sentence of the death penalty. "The defendant brought 1,472.32 grams of shabu-shabu (crystal methamphetamine) worth US$5,000. She managed to escape examinations in Juanda International Airport but she was finally arrested in a hotel by the National Narcotics Agency (BNN) officials," he told The Jakarta Post on Tuesday. Waldeck was arrested by officials on April 29 after she called one of her friends in China to send someone to pick up crystal meth she kept. The officials then found two packages of narcotics inside a black plastic bag kept inside underwear. "Several other quadrangle-shaped packages of narcotics were hidden inside her underwear while one other package was placed inside a plastic bag and sealed to the defendant???s stomach," said Deddy. He said Waldeck's lawyer agreed that the defendant would not file an exception so that the trial would be directed more on authentication. (source: The Jakarta Post) ** Too young to be hanged The High Court here yesterday found a teenage boy guilty of murdering 4 members of a family in their house at RTM Road in January last year. However, because he was under 18 when he committed the murders the boy escaped the death sentence and was ordered to be detained in prison pending a decision on his fate by the Head of State. The boy, who was also charged with an attempted murder, has to stay behind bars for 8 years. The youth, now 19, was found guilty of murdering businessman Ling Tong Hock, 36, Ling's 76-year-old mother Leong Nyuk Lan, son David Ling Chei Qi, 10 and daughter Amy Ling Zi Jiun, 7, by bludgeoning them to death with a steel hammer. He was also found guilty of the attempted murder of Ling's other son Kelvin Ling Chei You in their house at RTM Road about 7am on Jan 3, 2012. In her judgement, Judge Supang Lian said that at the time of the offence, the youth was only 17 years and 7 months old and as such was defined as a 'child' under Section 2 of the Child Act 2011. She ordered the imprisonment to take effect from the date of his arrest and to run concurrently with the sentence meted out for the 4 murder charges. The judge also noted that the accused had elected to remain silent when he was called upon to enter his defence on all 5 charges preferred against him. On the evidence adduced, she found that the prosecution had proved its case against the accused on all the charges beyond reasonable doubt. "For the 1st, 2nd, 3rd and 4th charges of murder under Section 302 of the Penal Code, pursuant to Section 91 of the Child Act 2001 a sentence of death shall not be pronounced or recorded against the accused for he was 17 years and 7 months old at the time of the commission of the offences on Jan 3, 2012 and as such, was still a child. "Pursuant to Section 97(2) of the Act, there is one sentence in lieu of a sentence of death. It is this. The Court shall order a person convicted of an offence of murder to be detained in a prison at the pleasure of the Yang di-Pertua Negeri of the State of Sarawak." On the attempted murder charge, Supang said the accused was found guilty and convicted of an offence under Section 307 Penal Code. Stating that the maximum penalty prescribed by law for this offence is 20 years' imprisonment, she pointed out that the medical evidence adduced at the trial through Dr Zul Imran Malek showed that Kelvin Ling who was then only a child aged 8 had suffered horrendous injuries at the hands of the accused. (source: The Borneo Post) UNITED ARAB EMIRATESfemale faces execution Housemaid to die for killing infant An Indonesian housemaid who brutally killed a 4-month-old daughter of her employer by smashing her head against a table's edge has been convicted of premeditated murder and sentenced to death. The Abu Dhabi Criminal Court, on Monday, handed down the death penalty to the domestic helper according to the Shariah law, and after the parents of the victim insisted in retribution and refused to pardon the maid. The incident took place before midnight of April 28 this year. The housemaid hit the baby girl's head with a solid object, causing her skull to fracture and leading to brain hemorrhage and her eventual death. The horrific incident sent shock waves among the UAE society and was widely covered by the local media. According to court records, the accused smashed the baby's head with a solid object that caused her skull to fr
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Sept. 24 IRAN: Execution of the Juvenile Offender Mohammad (Maher) Ayashi Postponed- He Remains Under Danger of Execution Execution of the juvenile offender Mohammad (Maher) Ayashi, that was scheduled to take place this morning has been postponed. According to reports from Iran Mr. Ayashi's execution has only been postponed and can happen in the coming days. Last week another juvenile offender was executed in Kazeroun, convicted of a murder that he allegedly committed at the age of 14. Iran Human Rights (IHR) emphasizes that Mohammad Ayashi is still in danger of execution and the international community must keep up its efforts to save his life. ** 4 Prisoners Hanged in Southeastern Iran Today- Three Prisoners to Be Hanged Tomorrow 4 prisoners were hanged in the prison of Kerman (southeastern Iran) today Tuesday September 24, reported the state run Iranian news agencies. The prisoners who were identified as "Farzad T.", "Masoud Kh.", "Meysam S." and "Ali M." were charged with rape, immoral relationship, kidnapping and robbery, said the report. According to reliable sources from Iran 3 prisoners are scheduled to be executed in Rajai SHahr Prison tomorrow morning Wednesday September 25. The prisoners were transferred to solitary confinement earlier today. (source for both: Iran Human Rights) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Sept. 25 UNITED ARAB EMIRATES: Hunters on murder trial acted in self-defence, Abu Dhabi court hears 3 hunters on trial for murdering a man in the desert after rocks were thrown at their car said they acted in self-defence. Abu Dhabi Criminal Court yesterday heard that the 3 Emiratis are accused of illegally owning unlicensed hunting weapons and murdering a man outside UAE borders. One of the men, ND, said he and his 2 friends, MD and HD, drove into remote Omani desert on a hunting trip in early January. On arrival a Toyota Hilux was parked on the uneven, sandy road, he said, adding that the Hilux started following them, attempting to hit the Emiratis' Toyota Land Cruiser. ND claimed that passengers of the Hilux, who were Omani, then started throwing rocks at them before one man took a pistol out and fired it in the air. As a warning, the Emiratis did the same but one of their bullets landed on a Hilux passenger's head, killing him instantly. The men in the Hilux denied they had a gun but admitted to hitting the Land Cruiser with rocks. The Emiratis' defence lawyer, Abdulla Al Kaabi, cited a verse of the Quran, when he said: "So whoever has assaulted you, then assault him in the same way that he has assaulted you." He added: "The defendants' actions were of defence and to warn, they had not intended on killing the man. "They did not know the other group and they did not have reasons to attack or even murder the man." He requested that the trio be acquitted. Omani lawyer Waleed Al Zadjali, who represents the dead man???s family, requested the death penalty for the Emiratis. A verdict is due on October 24. (source: TheNationalUAE) KENYA: If some Kenya attackers are American, is the US obliged to do something? Kenya's foreign minister said Tuesday that "2 or 3" Americans were involved in the deadly mall attack that has left 62 people dead, 175 injured and dozens still missing. The Kenyan official, Amina Mohamed, told PBS that the Americans were 18 to 19 years old, of Somali or Arab origin, and lived "in Minnesota and one other place" in the US. With the standoff in its fourth day, US officials are not confirming that report. The FBI, which investigates crimes against Americans and US interests overseas, has been unable to verify it, according to ABC News. And a State Department spokeswoman, Jen Psaki, did not back it up. "We have no definitive evidence of the nationalities or identities of the perpetrators at this time," Ms. Psaki said, per The New York Times. "We will continue to look into these reports." But if those assertions are true, several questions arise. The basics, of course: Who are they, where are they from, and why have they turned to violence? It's a reminder for many that democracy and freedom, even in nations like ours that aim to nurture both intensely, are at times tenuous ideals. Our obligations to those principles don???t end at our border, says Michael O???Hanlon, a Brookings senior fellow who also directs the organization???s foreign policy research. "I guess it just goes to show that, while we're pretty lucky not to have large numbers of radicals on our own soil, at least not of a Takfiri/jihadist variety, we aren't immune to the problem," Mr. O'Hanlon says. "It also underscores that we may have some obligations to other countries if we contributed to Kenya's tragedy indirectly, meaning that our overseas military and security activities, we should remember, are not just acts of altruism." With the US focused since 9/11 on beefing up institutional practices in place to prevent individuals who mean to harm Americans from getting into the country, this latest episode raises new questions about how we examine those exiting as well. "Our immigration system may need to look at people more carefully sometimes when they go out of the country, not just when they come in," O'Hanlon says. And what of the legal implications of the potential involvement of American citizens in a mass attack in another nation? Again, if the report out of Kenya is true, and the individuals involved survive and are apprehended, where would they be prosecuted? Here, there, or by an international court? International law specifies 2 key types of jurisdiction in situations that resemble the one in Kenya, one is territorial, the other nationality-based, according to William Burke-White, a deputy dean and professor at the University of Pennsylvania Law School. As a result, he says, these Americans could be tried in the US or Kenya. "I would strongly suspect they would be tried in Kenya," Professor Burke-White says, noting that there is a general preference under international law for territorial jurisdiction. Kenya has a "difficult" relationship with the International Criminal Court, he adds, saying that venue is an unlikely one for justice in this circumstance. He highly doubts the Kenyans would send an Amer
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Sept. 25 TANZANIA: 3 judges to hear case against death penalty High Court of TanzaniaThe High Court has secured a panel of 3 judges to hear the case filed on October 10, 2008 by 3 civil societies in the country seeking to have the death penalty struck from the law books. Advocate Fulgence Masawe who has been representing the Legal and Human Rights Centre (LHRC), told The Guardian yesterday that the panel comprises Madam Judges Sheik and Mruke as well as Judge Bongole. They expect to start hearing points of preliminary objection raised by the Attorney General at a court session yesterday. The LHRC in collaboration with the SAHRINGON Tanzania Chapter and the Tanganyika Law Society, filed the case at the High Court of Tanzania calling on the government to scrap capital punishment in the country's law books on account of it denying a person's right to life. Alternatively, they want people convicted of murder to be sentenced to life imprisonment so as to enable them to reform. Statistics by the World Coalition Against the Death Penalty indicate that countries retaining the penalty worldwide had decreased from 43 in 2011 to 40 in June 2013. Activists call for abolition of capital punishment arguing that it does not deter crime and violates the fundamental right to life. Their argument is also based on the fact that the judicial system is prone to errors, a situation that could see innocent people paying for a crime they did not commit. Tanzania still retains capital punishment in its law books and the last time a person was hanged was in 1994. The punishment is meted out on capital offences such as murder, treason and some military related offences. (source: The Guardian) CHINAexecution Street hawker at heart of controversial chengguan homicide case executed A street hawker at the centre of a highly controversial double homicide case that gripped the nation was executed today, a court in the northeastern city of Shenyang said, ending a relentless 4-year campaign by supporters and activist lawyers to reverse the man's death sentence. The "homicide criminal" Xia Junfeng's death penalty was carried out today after China's Supreme People's Court's review of the sentence, Liaoning province's Shenyang Intermediate Court wrote on its official Sina Weibo microblog on Wednesday. The news was followed by Xia's wife expressing her grief and his attorney's strong opposition, inspiring widespread online sympathy and debate over the sentence. Xia was an unlicensed street vendor from Shenyang who peddled meat skewers. In May 2009, he was roughed up and taken away by chengguan, or city management officers for an interrogation. In a chengguan office's interrogation room, he stabbed 2 officers to death before fleeing the scene. Xia and his attorney argued he was acting in self-defence, claiming the 2 officers assaulted him first during the interrogation, although the statement was rebuffed by other chengguan officials. Police said there was no other eyewitness to the incident in the interrogation room. But the majority of the general public has expressed their support of Xia, maintaining sceptical of the accounts of chengguan officers who are notorious for repeated rogue behaviour and violence against illegal vendors. Many people also paid their condolences to Xia's family, including his wife and his 11-year old son, who now live an impoverished life, relying on meagre earnings from Xia's parents. Xia's wife, Zhang Jing, posted a photo on her microblog on Wednesday morning, saying she was on her way to see Xia for the "last time". "Xia Junfeng requested to have a family photo taken with us, but he was rebuffed...I don't understand how they are so cold-hearted," she wrote in a later post. Meanwhile, Xia's attorney, prominent lawyer Chen Youxi, posted a link on his blog to his lengthy letter to the Supreme People's Court requesting a review of the sentence. He maintained his strong opposition to the sentence, saying the previous trials had been missing key evidence. While many online comments condemning the execution were censored, some activist artists, including the Guangzhou-based political cartoonist Kuang Biao, were spurred into quick action by news of Xia's execution. Within a few hours, they shared powerful drawings on social media depicting Xia's execution as a failure of justice. Some of these have since been deleted as well. (source: South China Morning Post) * China Killers Unequal in Life and Death The case of Xia Junfeng, a street vendor in northeastern China put to death for killing 2 urban-security officials, is provoking a flood of outrage on online forums. The WSJ's Li Yuan explains why his execution is hitting a nerve in China. Though Ms. Gu hails from China's elite and Mr. Xia from the nation's masses of laobaixing, both are murderers, according to Chinese courts. Each express
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Sept. 25 IRAQ: Iraq executes 13 men following unfair trials marred by torture allegations Iraqi authorities executed 13 men on Sunday and at least 73 so far this year. All executions in Iraq must be halted immediately, Amnesty International urged today after 13 men were executed in Baghdad. Today, the organization has been able to confirm the names of nine of the men, who were executed on 22 September following death sentences imposed after unfair trials and based on "confessions" allegedly extracted under torture. Four others were also executed that day, bringing the total number of executions in Iraq so far this year to at least 73. "The Iraqi authorities have chosen to defy repeated calls not to execute prisoners and to rely on tainted 'confessions' obtained under torture. That a death sentence could be imposed after obviously grossly unfair trials beggars belief," said Hassiba Hadj Sahraoui, Deputy Director of the Middle East and North Africa at Amnesty International. Amnesty International had urged the Iraqi authorities not to carry out the executions of these nine men, and to investigate their allegations that they were tortured to coerce them into making "confessions". The court trying them appears to have disregarded compelling medical evidence supporting these complaints, and used "confessions" inadmissible as evidence under international law - their trial fell far short of international fair trial standards. "We again urge the Iraqi authorities to declare a moratorium on executions as a first step towards abolishing the death penalty and to commute all death sentences. They must address the flaws in the Iraqi justice system, investigate claims of torture and other ill-treatment in custody, and, where applicable, grant re-trials in full compliance with fair trial standards," said Hassiba Hadi Sahraoui. The 9 men were among a group of 11 sentenced to death by the First Branch of Anbar Criminal Court on 8 August 2010 after it convicted them under the draconian 2005 Anti-Terrorism Law. The remaining 2 are reportedly still on death row. During the trial, several of the defendants alleged that interrogators had tortured them while they were detained incommunicado at the Directorates of Counter-Terrorism in Haditha and Hit. They said they were beaten, subjected to electric shocks and suspended by their arms until they agreed to "confess". Some of the defendants reportedly showed the court marks on their bodies that they said were caused by torture and submitted evidence from medical examinations in support of their allegations. The Court of Cassation upheld their death sentences in 2011. In its assessment of the trial Amnesty International examined copies of court documents, including the verdict and medical reports, and also interviewed relatives and lawyers. In December 2012 the organization called on the Iraqi authorities to review their case, but never received a response. Amnesty International opposes the death penalty - the ultimate cruel, inhuman and degrading punishment - in all cases without exception, as a violation of the right to life. Background Amnesty International recognizes the grave threat that armed groups continue to pose to the public security and order and the rule of law in Iraq. Hundreds of people continue to be killed every month in violent attacks by armed groups across Iraq. The organization condemns unreservedly the gross human rights abuses and violations of international humanitarian law that armed groups continue to commit. The Iraqi authorities have the duty and responsibility to bring perpetrators of serious human rights abuses to justice, without recourse to the death penalty. However, when doing so - the Iraqi authorities must comply at all times with Iraq's obligations under international human rights law and protect the human rights of those they suspect or accuse of committing even the most heinous crimes. On 21 September 2013 scores of civilians were killed and injured in bomb attacks targeting mourners at a funeral in the Shi'a neighbourhood of Sadr City in Baghdad. More people died the following day in a bomb attack on Sunni mourners in Baghdad. Iraq is one of the world's most prolific executioners, with the government alleging the death penalty to be a tool in its battle against a high level of violence by armed groups. Hundreds of prisoners are on death row. In 2012 a sharp rise in executions was recorded in Iraq making it the country with the 3rd highest number of executions in the world for that year. At least 129 people were executed, almost twice the known total for 2011. Since the beginning of 2013 at least 73 people, including 2 women, have been executed. Amnesty International has documented 90 cases of death row inmates in Iraq who were convicted of terrorism or other crimes on the basis of "confessions" incriminating themselves that defendants say were coerced
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Sept. 26 INDONESIA: Rustington woman could face death penalty The Foreign Office has today confirmed it is providing assistance to a Rustington woman, who could be facing the death penalty in Indonesia for allegedly smuggling drugs into the country. Andrea Waldeck, 43, was arrested in April at a hotel in Surabaya in the East Java province for allegedly smuggling 1.5Kg of crystal meth in her underwear. She is now standing trial which, if she is found guilty of the offence, could see her sentenced to death. Waldeck is accused of bringing the drugs into the country from China and was allegedly able to get past security by hiding the 4 plastic packages in her underwear, a national newspaper has reported. Prosecutors say Waldeck was on her way to meet 2 members of a drugs gang to carry out a deal when they were intercepted by police. Waldeck's trial started on Tuesday (September 24) and is expected to resume next week. According to the Jakarta Post, Mr Oktavianto said the defendant had violated articles 114 and 112 of the 2009 Narcotics Law, which carries a possible death sentence. She has allegedly told police that her boyfriend in Guangzhou, China, paid her around 3,000 pounds to traffic the crystal meth. Although her residence is listed as Guangzhou, Waldeck is originally from Rustington. Waldeck is expected to give a statement in the next court hearing on Monday (September 30). (source: Littlehampton Gazette) GAZA: Day of judgement: Inside a Gaza murder trial Human rights groups have condemned the use of the death penalty under Hamas rule in the Gaza Strip. This week, BBC Arabic's Shahdi Alkashif obtained rare access to a murder trial where 3 defendants faced death sentences. In a small room in the basement of a court building in Gaza City, 3 members of the same family were on trial, accused of killing a relative in December 2010. 2 young men and 1 man in his 50s stood in a black metal cage in a corner of the room as prosecutors accused them of shooting 28-year-old Mohammed Ashram, who was an official in the Hamas government in Gaza, during an argument over money. The cage was surrounded by security guards with long beards, and on the back wall there was a plaque bearing words from the Koran: "When you judge between men, you judge with justice." The judge, a man in his 40s also with a long beard, was seated opposite, with advisers to his right and left, as well as a young woman wearing a veil who recorded proceedings. Also crammed into the room were the prosecution and defence teams, the victim's brothers and several members of the defendants' families, and a number of other lawyers who were waiting for the judge to hear 6 other cases after the murder trial had ended. The judge listened to the defence's argument in the Ashram case, but did not appear to find it very convincing. He also heard a prosecutor demand the death penalty. "The penalty for murder at the Day of Judgment is to be thrown into the fires of Hell," he said. "An innocent young man lost his life, leaving behind a widow and children, and depriving his parents of their son." After deliberating with his advisers in an adjacent room, the judge emerged to give his verdict. Those in the courtroom were asked to stand, before the judge found the eldest defendant, Fathi Ashram, guilty and sentenced him to death by hanging. He then sentenced 1 of the other defendants to prison and acquitted the 3rd. The verdicts prompted expressions of both satisfaction and anger from the members of the public in the courtroom. There were cries of "Allahu Akbar" (God is great) and also claims that there had been a "great injustice". Afterwards, the judge told the BBC that the authorities in neighbouring Egypt had "assisted" the investigation into Ashram's murder, with one of their forensic laboratories "proving" the involvement of the man who was sentenced to death. The trial had been held in accordance with Palestinian law, he added. Public 'very satisfied' However, such assertions have been challenged by international human rights activists. Last month, Human Rights Watch demanded that the Hamas authorities halt all planned executions, alleging that Gaza's justice system was deeply flawed. "The convictions included cases of prolonged arbitrary detention, credible allegations of torture, and convictions based primarily on coerced confessions," it said. Sixteen prisoners have been executed since 2010, most of them after being convicted of killings or spying for Israel, while another 16 prisoners are awaiting execution, the group said in its report. The Independent Commission for Human Rights, the official Palestinian rights ombudsman, said a total of 36 people had been sentenced to death in Gaza between February 2010 and June 2013. Of this number, the authorities had executed at least six men, while another five were sentenced by military courts in ab
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Sept. 26 JAPAN: Member of deadly Japanese cult will go on trial Jan. 16 The Tokyo District Court has decided that the trial of Makoto Hirata, a former senior member of the Aum Shinrikyo cult accused of helping abduct a Tokyo notary clerk in 1995, will begin Jan. 16. Hirata, 48, will be the 1st Aum member to be tried under the lay judge system, in which 3 professional and 6 citizen judges preside. The verdict will be handed down by the end of March, according to a judicial source. 3 death-row inmates involved in a series of the Aum-related crimes, including Yoshihiro Inoue, 43, will be summoned to testify in the trial. Hirata is accused of involvement in the abduction and unlawful confinement of 68-year-old Kiyoshi Kariya in February 1995, in conspiracy with Aum founder Shoko Asahara. Kariya later died after being injected with a chemical substance by Aum members. Hirata is also charged with involvement in a blast at a Tokyo condominium building the following month. He is expected to argue that he only assisted in Kariya's abduction and confinement. Hirata was placed on the national most wanted list in May 1995 and turned himself in to Tokyo police on Dec. 31, 2011. Shoko Asahara, whose real name is Chizuo Matsumoto, is also on death row. (source: Japan Times) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Sept. 28 ISRAEL: Time to execute the Palestinian executioners A new strategy to combat the continued slaughter of Israeli citizens is desperately needed. Capturing these murderers and then handing them back as symbolic gestures of goodwill is not working. That is exactly what got the 1st of 2 20-years-old Israeli soldiers killed this past week. The Palestinian who killed him was hoping to trade his corpse for his brother, a terrorist being held in an Israeli prison. He did not even feel the need to keep the young soldier alive, because Israel has set a horrifying precedent of trading live Palestinian prisoners for dead Israeli bodies. Israel has tried this pathetically weak approach and it has failed miserably. Israeli Knesset Member Ayelet Shaked has said that, "The State of Israel does not know how to keep terrorists in prison, unfortunately we have no choice but to ensure that murderers, like those who killed the Fogel family, who killed a 3 month old and his parents, are never released." There are 2 very distinct perspectives to consider with regard to the radical Islamic population in Israel. However, as news reports pour in about the 2 tragic murders, it is clear from both viewpoints that these Palestinian executioners must meet the gallows. The 1st viewpoint is that these radical Jihadists are merely articulate animals. It is a far too common Muslim refrain, most prominently uttered by former Egyptian President Mohammad Morsi in 2010 on a Lebanese television program, to refer to the Jews as "descendents of pigs and apes." Looking at recent events in the Middle East, including this week's murders, leads us to ask who the animals of the region really are? The Arab Spring has descended into a frigid winter where thousands in Egypt, Syria, Lebanon and other Arab lands are being eradicated. Videos of beheadings, mass shooting and even the eating of enemy hearts flood our TV and computer screens. Christians are being slaughtered for being Christian, secular Muslims are being erased for being non-believers, and Jews are being executed because they are defending their G-d-given homeland. These are not the actions of healthy and feeling human beings; these are the actions of beasts in the wild. An animal cannot be reasoned with, nor can he be rehabilitated; if re-released into the wild, he will simply kill again. Thus, the death penalty is the only solution to reduce the amount of blood these monsters spill. The other viewpoint is that these Arab terrorists are very much rational human beings. In his assessment of Rabbi Meir Kahane's landmark book on the Arab population in Israel, "They Must Go," Ariel Zellman writes: "This is not a racist work. Nowhere does Kahane claim that Arab Israelis (or Palestinians in general) have less physical or mental capabilities than Jewish Israelis nor does he argue that their worth as individual human beings is any less than that of any other individual. Perhaps most importantly, nowhere does he claim that the Arabs living in Israel do not have their own claims to the territory nor does he expect them to respect, acknowledge, or concede to being in a position of an oppressed national minority. If anything, Kahane's strongest criticisms in this regard are directed against Zionist pioneers and Israeli government officials who, he insists, did and still do not respect the intellect and ambitions of the Arab population believing that they could and still can be 'educated and fed' into acquiescing to Israeli rule." Kahane understood what far too many liberals do not. Arab Israelis, just like any other people, will never be content to live in a land where the national anthem extolls the greatness of having a "Jewish Soul," and no amount of appeasement can assuage them. With this in mind, it is clear that when Palestinian Authority President Mahmoud Abbas gets up in front of the U.N. General Assembly and claims that he is committed to peace, he is most likely playing a very conniving game. He claims that peace is the world's last great hope, in direct contrast to last year's speech in which he hammered Israel for being created. It is in contrast as well to his recent admission on PA TV that he has sent Jihadists to kill innocent Israelis. Abbas does not want peace, and his people continue to slaughter Israelis without a second thought. The PA president knows what the international community is all too desperate to hear and he gives it to them. He has no regard for the damage it does not only to Israelis, but to his own people as well. As the shrewd eunuch Veres from Game of Thrones so eloquently puts it, he "would see the country burn if he could rule the ashes." If one believes that Palestinian killers and their leaders are rational thinkers, the death penalty would be an effective tool to change their behavior. Dates with the executioner would create deterrence. Palestinian terror organiza
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Sept. 29 INDONESIA: Former policewoman found with 'crystal meth' in Indonesia tried to stop family finding out she faced the death sentence; Ex-Gloucestershire community policewoman Andrea Waldeck is facing execution for smuggling drugs into Indonesia She was arrested in April after tip off to police; The 43-year-old has revealed she could not bear to let loved ones in Britain find out she may face the firing squad A former community policewoman facing execution for smuggling drugs into Indonesia has revealed how she tried to stop friends and family in Britain discovering she may face the firing squad. Speaking exclusively to The Mail on Sunday inside one of Indonesia's toughest jails, Andrea Waldeck, 43, said she had been so appalled at her plight, she could not bear to let loved ones find out. Only close family members were told of her arrest and many friends only found out the truth when she appeared in court in Indonesia's 2nd largest city Surabaya last week, where prosecutors announced she faced a possible death penalty. Waldeck is charged with smuggling 3lb of methamphetamine - known as crystal meth - with a street value of about 100,000 pounds on a flight from China to Surabaya in April. The former Gloucestershire community policewoman and youth worker once gave teenagers advice on staying away from drugs. But she is believed to have fallen into the clutches of an international drug-smuggling syndicate after leaving the UK to teach English in China. In signed statements to police, Waldeck admits smuggling the crystal meth from Guangzhou, China, where she said she was promised 3,100 pounds by a British man she named only as Joe in return for being a mule. But police were tipped off and put her under surveillance when she arrived alone and checked into Hotel 88 in the city centre on April 28. They pounced after she took a call from Joe in China the next day with instructions on who to pass the drugs to. Officers burst into her room, strip-searched her and found the bags of crystal meth hidden in her bra and underwear and taped to her waist. Waldeck said she had been desperate to keep her situation secret. 'It wasn't too difficult at first because I'd been living in China for a year before this happened,' she said, speaking in the stifling heat of the visitors' enclosure at Surabaya's Medaeng prison. 'I didn't want my family and friends to find out what had happened. I didn't contact them or let them know for a long time. But in the end it had to come out.' Waldeck said she was already reconciled to the fact she might face the death penalty. 'I've known for some time that the offences I'm charged with carry that sentence so it didn't come as a surprise when it was raised in court,' she said. Asked how she felt about the prospect of death, she smiled and replied: 'I'm not a conventional person. I can't say any more about it than that.' Wearing an orange prison jacket over her jeans and polo shirt, Waldeck refused to say whether she will plead guilty, although she insisted the outline of the case presented in court last week was 'bull'. She said she hoped to have an opportunity to speak out in court. Her next appearance is on Tuesday and prosecutors expect her to be convicted and sentenced within 2 months. 'I want to write a book about my experiences here,' she said. 'I don't want anyone else to have to go through what I've been through.' After her arrest, Waldeck co-operated with police in a double sting, first meeting a contact who was arrested as he arrived to collect the drugs from her hotel, and then flying under police guard with the other suspect to the capital Jakarta. There, on May 2, Waldeck and the other suspect took part in a further sting, meeting another of the drug syndicate's members in a Jakarta street where he was arrested after they passed the drugs on to him. Prosecutor Deddy Agus Oktavianto said Waldeck's co-operation might save her from the firing squad. Last month, Indonesia's Supreme Court upheld the death sentence for grandmother Lindsay Sandiford. But her case mirrors that of Lindsay Sandiford, the British grandmother on death row in Bali for smuggling cocaine in 2012, despite co-operating with a police sting. Waldeck was transferred to chronically-overcrowded Medaeng prison a month ago, after spending the 1st 4 months after her arrest in police cells in Jakarta. She is the only Western prisoner in Medaeng prison, where she shares a cramped cell with 16 other women. She seeks solace through the 150-strong Christian community inside the prison, attending services in a church within the grounds. 'She comes to church every day and it gives her strength,' said a Christian guard who has befriended her. 'Andrea is heartbroken over what her friend in China did to her.' The suspects arrested in the stings Waldeck helped with - Indonesians Bayu Pracana and Hendrick Le
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Sept. 30 MALAYSIA: Prabowo Stepping Up to Help Maid Facing Death Row in Malaysia Great Indonesia Movement (Gerindra) party chief patron Prabowo Subianto said that he is hiring a top Malaysian lawyer to save an Indonesian maid from a death sentence. Prabowo said he has met with Wilfrida, the Indonesian maid who is on trial for the 2010 murder of 60-year-old Yeap Seok Pen in her Kampung Lubok, Pasir Mas, home. Wilfrida has been working since she was 12 and is said to be a victim of human trafficking. The Malaysian woman allegedly accused the young maid of sleeping with her husband in an argument that turned physical, according to reports in Malaysian media. Prabowo described Wilfrida's situation as reprehensible, saying she did not get enough legal help and that he had tried to contact the Indonesian Embassy in Kuala Lumpur via telephone but had not received a response. Prabowo said the lawyer appointed by the Indonesian embassy to assist her in the death trial only met her a few hours before the trial and therefore he has now hired one of Malaysia's top lawyers, Tan Sri Muhammad Shafee, in the hope that she can avoid the death penalty. Manpower and Transmigration Minister Muhaimin Iskandar flew to Malaysia on Thursday to meet with Malaysian officials as the maid's trial drew to a close. "The government is doing everything it can to save Wilfrida," Muhaimin said. "Besides giving a maximum [amount of] legal support, we are also taking a bilateral diplomatic approach to freeing her." The ministry coordinated with the Ministry of Foreign Affairs and the Indonesian embassy to secure a team of attorneys to represent Wilfrida, Muhaimin said. "The team of attorneys will assist her and observe her trial," he said. "They are working hard to find strong legal evidence to break the case and free Wilfrida from the death penalty." Wilfrida's trial is scheduled to conclude today when the court issues a verdict. If declared guilty, the woman faces a maximum sentence of death under Malaysia's criminal code. Wifrida's actual age at the time of her arrest is a key point in the government's defense. Wilfrida was either 21 years old or 17 years old when she was charged with murder. The woman's passport carried a birthdate of June 8, 1989, but her christening letter from a Catholic church in Indonesia read Oct. 12, 1993, according to Indonesian news portal Tempo.co. (source: Jakarta Globe) BANGLADESH: Bangladesh will burn, warns Sayedee's son Jamaat-e-Islami leader and war crimes convict Delwar Hossain Sayedee???s son Shamim Sayedee has threatened that the government's decision to hang his father will 'leave the country burning'. He issued the threat on Sunday at the rally the 18-Party alliance organised at Khulna Circuit House ground, where BNP chief Khaleda Zia was the chief guest. "The government has confined my beloeved father to the darkness of prison cell for 3 years through conspiracy and out of vengeance. He has been falsely handed down the century's cruellest death penalty," claimed Shamim. "The people of the country replied on Feb 28 to the false sentence my father was handed down. They have not accepted this sentence. If the government goes for the execution of this verdict, it will set the entire country on fire." Several thousand activists of Jamaat-e-Islami and its student front Islami Chhatra Shibir shouted 'Naraye Takbir, Allahu Akbar', the party's trademark slogan, while Shamim spoke. The activists of the Jamaat and Shibir thronged the venue of the rally by their thousands in one of its biggest showdowns in recent times. The 2 International Crimes Tribunals in several judgements held Jamaat responsible for perpetrating war crimes to prevent independence, giving birth to calls that the party should be banned much the same way the Nazi party was for its Second World War crimes. Banners and placards with the demand to free war crimes convicts like Sayedee, Ali Ahsan Mohammad Mujahid, and Abdul Quader Molla and also those standing trial for alleged war crimes were seen large numbers during the Khulna rally. (source: bdnews24) UNITED ARAB EMIRATES: Emirati crime boss fatally stabbed in Dubai jail attack A notorious Emirati criminal was allegedly stabbed 37 times in a deadly attack by 18 fellow inmates in Dubai Central Jail, a court has heard. Most of the inmates appeared at Dubai Court of First Instance on Sunday over the murder but did not enter a plea. However, the list of charges will not be read out until the court appoints lawyers to defend the accused inmates. The court was told the 43-year old Emirati victim, known as AH, had his ear and finger chopped off, and was stabbed in the neck, back, stomach and shoulder in the suspected revenge attack in August last year. He was rushed to hospital but died shortly before arriving. 2 sets of Emirati brothers, known as RS and his younger brother M
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Oct. 1 BANGLADESH: Bangladesh tribunal hands down death penalty to BNP party stalwart A special Bangladeshi tribunal today handed down death penalty to an influential leader of the main opposition BNP party for committing "crimes against humanity" during 1971 liberation war by siding with Pakistani troops. "He (Salauddin Quader Chowdhury) will be hanged by neck till he is dead," pronounced chairman of the 3-member panel of International Crimes Tribunal-1 at the crowded courtroom, concluding the judgment which took them more than 2 1/2 hours to be delivered along with observations. The panel said 9 out of 23 charges against 65-year-old Chowdhury, who was present at the courtroom along with family members, were proved beyond doubt while he was handed down the capital punishment for 4 of the charges. Witnesses said Chowdhury called the verdict "a pre-determined judgment" while the relatives too joined him in passing ridiculing comments as the judges were delivering the abridged version of the 172-page verdict by rotation. The verdict comes 17 months after the high-powered tribunal indicted Chowdhury on 23 specific charges of crimes against humanity committed along with Pakistani troops. Chodwdhury is one of the two leaders of Bangladesh Nationalist Party led by former prime minister Khaleda Zia to be tried for 1971 war crimes, but the main opposition party was yet to express any reaction on his trial or the verdict. The charges against him include killing directly around 200 people; collaborating with the Pakistani army to kill and torture unarmed people; looting of valuables and torching of houses and other properties; persecuting people on religious and political grounds. (source: DNA India) INDONESIA: British drug suspect hopes for leniency Andrea Waldeck, a 43-year-old British national who may face the death penalty for attempting to smuggle 1.5 kilograms of crystal methamphetamine into Indonesia from China, is hoping for a lighter sentence. After prosecutors sought the death sentence in her 1st trial at the Surabaya District Court on Sept. 24, Waldeck's 2nd trial is scheduled for Tuesday. She was arrested by the National Narcotics Agency (BNN) on April 29 and jailed in the Medaeng Penitentiary in Surabaya, the largest prison in East Java. When The Jakarta Post visited her in her cell on Monday, Waldeck said she could not believe the prosecutors were demanding the death penalty. Waldeck, who used be a community policewoman in Gloucestershire, said that she did not want her family in England to hear about the possible sentence. Waldeck was charged with violating article 114 of the narcotics law, which carries a maximum sentence of life imprisonment. Waldeck admitted she had been asked by her Chinese boyfriend, identified as "Joe", to bring the drugs into the country from Guangzhou, China, and to give them to Ari Wahyudi. "Joe remains at large as of now, while Ari is on the police's wanted list," said prosecutor Deddy Agus Oktaviano. (source: Jakarta Post) INDIA: The Delhi gang rape death sentences won't make India safer for women The government has done little more than to satisfy the emotional sense of injustice, and hush up the masses temporarily while shying away from the bigger issue: how to prevent the crimes? The fatal gang rape of a 23-year-old student on a bus in New Delhi last December caused global horror and outrage and forced India to step back and examine the ongoing war being waged against its women. Two weeks ago a high court judge passed death sentences on the four men convicted of the rape and murder, thereby appeasing a public majority who bayed for blood, calling for chemical castration and public hanging. Lawyers for the 4 have since launched an appeal against the sentence which could take weeks or even months, but one thing is for certain: even if they are executed, it will not make India a safer country for women. For hundreds of thousands of Indian women their struggle begins within the womb. According to UN figures, an estimated 750,000 female foetuses are aborted annually, and even if they do make it past the 1st gauntlet, they face the threat of infanticide, starvation in favour of male siblings, and are likely to endure a life deprived of freedom, education and equality. For every 1,000 boys under the age of 6 there are only 914 girls, with some states reporting figures as low as 830. India's Planning Commission called the gender imbalance "a silent demographic disaster in the making" which is already beginning to manifest itself in the form of increased sexual violence, polyandry - where brothers marry the same woman - and a surge in poorer parents trafficking daughters as brides in areas where the female to male ratio is skewed. In the days leading up to the sentencing an astonishing level of brutality emerged from the Indian public who demanded stoning, lashings, and
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Oct. 1 INDIA: Man Gets Death Sentence for Rape, Murder of Mentally Retarded A local court today handed down capital punishment to a man for the rape and murder of a mentally-retarded minor girl in Rajsamand district of Rajasthan early this year. The District and Sessions Judge pronounced the death sentence to Manoj Singh in less than 7 months of trial at Rajsamand district headquarters, a press release issued by the police said. It is the 1st ruling under the new law, Protection of Children from Sexual Offences, 2012 (POCSO) Act in the country and various sections of IPC including 363, 365, 302, 376 (2) (8) for abduction, rape and murder against the convict who is from Basantpur of Mahrajganj district in Uttar Pradesh. The prosecution had argued that the convict had abducted the 8-year girl on his bike when her parents were selling vegetables on a cart on the evening of January 17, 2013. The parents had lodged the FIR with the Kankroli police station, and Manoj was arrested. Superintendent of Police in Rajsamand Ram Deo Singh said the charge sheet was filed in the court in a months' time and the court gave death penalty after a 7-month trial. (source: Outlook India) IRANexecutions 1 Woman and 5 Men Executed in Iran 6 prisoners were hanged in 3 different Iranian prisons, reported the Iranian state media. One of these prisoners was a woman who was hanged in the prison on September 25. 3 prisoners were hanged in the prison of Ardebil (north-western Iran) today, reported the Iranian State Broadcasting. The prisoners were identified as "a 39 year old man" convicted of trafficking 2 kilos and 10 grams of heroin, "a 37 year old man" convicted of trafficking 1831 grams of heroin, and "a 56 year old man" convicted of trafficking 17 kilos and 325 grams of crack, said the report. The report also said that " so far this year (since March 21, 2013) 16 people have been executed in Ardebil, convicted of drug trafficking. One man was hanged in the prison of Shiraz (southern Iran), reported the state run Iranian news agency Fars. According to the report the prisoner who was not identified by name, was 45 year old and was convicted of buying, possession and trafficking of 294 kilograms of cannabis and 1,5 kilograms of crack. The prisoner had been sentenced to life-time in prison, 360 million rials of fine, 50 lashes and execution. The execution was carried out early this morning. 1 man and 1 women were hanged in the prison of Mashhad (northeastern Iran) reported the Iranian daily newspaper Khorasan. One of the prisoners was a 40 year old woman who was convicted of murdering her husband in 2007. The other prisoner was a 50 year old man who was also convicted of murdering a 65 year old man 7 years ago. The prisoners were hanged in the prison of Mashhad on September 25. and 23. respectively. (source: Iran Human Rights) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Oct. 2 IRAQ: Iraq executes 23 people in 2 days: Ministry Iraq executed 23 people during two days in September, most of them convicted on terrorism charges, the justice ministry said Tuesday. 20 of the 23 were either Al-Qaeda members or otherwise involved in terrorism, while three were convicted of unspecified "criminal charges," a ministry spokesman said. The executions were carried out on September 22 and 26. They take to at least 90 the number of people who have been put to death in Iraq this year, according to an AFP tally based on reports from the ministry and officials. Executions in Iraq, which are usually carried out by hanging, have drawn widespread condemnation from the European Union, the United Nations and rights watchdogs. "The Iraqi authorities have chosen to defy repeated calls not to execute prisoners and to rely on tainted 'confessions' obtained under torture," Hassiba Hadj Sahraoui of Amnesty International said last month. "That a death sentence could be imposed after obviously grossly unfair trials beggars belief." UN human rights chief Navi Pillay said this year that Iraq's criminal justice system was "not functioning adequately". She highlighted "numerous convictions based on confessions obtained under torture and ill-treatment, a weak judiciary and trial proceedings that fall short of international standards." "The application of the death penalty in these circumstances is unconscionable, as any miscarriage of justice as a result of capital punishment cannot be undone," Pillay said. (source: jacarandafm.com) ZAMBIA: Zambian separatists due in court More than 70 Zambian separatists are due in court on charges of treason on Wednesday, in one of the country's biggest trials in recent years. The defendants, mostly from the Lozi tribe, want Barotseland state in the country's impoverished west to secede from the copper-rich southern African country. Police have arrested 83 people in a crackdown on secessionists, some while they were trying to hoist their own flag or singing songs denouncing the government. Western provincial police chief Lombe Kamukoshi said only 72 of them will appear at Mongu High Court on Wednesday. A treason conviction in Zambia could carry the death penalty. Barotseland traditional leader and former deputy minister of education, Clement Sinyinda, is among those facing treason charges, but will go to court on a later date. "Sinyinda has been charged with the offence of treason felony and will appear in court on October 10, others will appear on October 2," Kamukoshi told AFP. The secessionist bid dates back decades. Barotseland was originally a protectorate of Britain, but entered into a deal at the end of colonial rule in 1964 to become a province of Zambia. Under the agreement signed with independent Zambia's 1st president, Kenneth Kaunda, the region was supposed to have limited self-rule, but the Lozi say that agreement was never respected. The issue had simmered down during the 1990s. Last year, President Michael Sata ordered the military to clamp down on secession protests. In January 2012, 2 people were killed during clashes with police in the town of Mongu, west of the capital Lusaka. Human rights activist Brebner Changala blamed Sata for not doing enough to initiate talks and called on him to pardon those facing charges. "It's a sad story that people are arrested and charged with treason," he said. "Dialogue is the only way out... he should take the lead." He added that the issue was capable of causing mayhem in the country. "This issue should be handled with care, he (Sata) should not trivialise it," said Changala. "This is a matter that can cause serious problems in this country," he said. Last year, Sata said allowing the tribe to secede would cause other tribes to demand the same, in a country with 73 ethnic groups. (sources: Sapa--AFP) MALAYSIA: Dharmenderan's murder trial fixed for Feb 17 The High Court today fixed Feb 17 next year for the trial of police Inspector S. Hare Krishnan and his 3 subordinates who allegedly murdered detainee N. Dharmenderan last May. Judge Kamardin Hashim gave the hearing date after Hare Krishnan, 40, Sgt Jaffri Jaafar, 44, Cpl Mohd Nahar Abd Rahman, 45, and Cpl Mohd Haswadi Zamri Shaari, 32, jointly claimed trial to killing the 32-year-old lorry driver. The incident allegedly happened at the Special Investigation (D9) office on the 7th floor of the Kuala Lumpur Police Contingent headquarters, Jalan Hang Tuah, Dang Wangi here, between 12.20pm and 2.50pm on May 21. All 4 face the death penalty if convicted of the offence. Jaffri, Mohd Nahar and Mohd Haswadi were jointly charged at the magistrate's court on June 5 while Hare Krishnan was charged in the same court on July 30. No plea was recorded at the time. In the High Court today, the 4 accused were read a joint charge of committing the murder at the sa
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Oct. 2 UNITED KINGDOM/INDONESIA: British govt opposes Briton's death sentence threat The British government has requested that Indonesian prosecutors reconsider the death sentence they have requested for 43-year-old British national Andrea Ruth Waldeck. Waldeck, an ex-police community supporter officer from the English county of Gloucestershire, is being tried at Surabaya State District court in connection with narcotics distribution offences. "We have received an official letter from the British Embassy in Jakarta requesting prosecutors reconsider the death penalty request for Andrea. Further, in order to strengthen the argument, the embassy will send an official to testify in Andrea's favor," Andrea's lawyer Oktavianto Prasongko told The Jakarta Post after the court session on Tuesday. He said the embassy would present the facts regarding Andrea's role as a community police officer and social worker who dealt with drug addicts while serving in the UK. "Most important is the fact she has never been involved with any crime while serving and living in her country," Oktavianto said. Besides Waldeck, the police also arrested 2 other people in this case, Bayu Pracaka and Hendrik Lesmana. Prosecutor Deddy Agus Oktavianto said the prosecutors would also seek death sentences for both of them in the next court session. To date, the police are still pursuing Ari Wahyudi and Joe, Waldeck's Nigerian boyfriend, who are still at large. According to Waldeck, Joe gave her the drugs. Waldeck was arrested by officers from the National Narcotics Agency (BNN) with 1.4 kilograms of crystal methamphetamine worth more than U$20,000 at a hotel in Surabaya, after she passed through airport screenings. (source: Jakarta Post) ANTIGUA & BARBUDA: Former AG of Antigua and Barbuda: Death penalty just cheap fix Sir Clare Roberts, former attorney general and minister of justice and legal affairs for Antigua and Barbuda, has hailed yesterday's conference on the death penalty as "timely," as many believed reinstituting the punishment was a solution. The conference, titled "The death penalty in the context of public security, neither right nor effective," was held at the Faculty of Law, University of the West Indies, St Augustine. Roberts, who was also a member of the Inter-American Commission on Human Rights, posed the question whether the death penalty was right. "Apart from the simple premise that there is a limit as to how far the State can go in punishing perpetrators, even for the most heinous crimes, in my view the death penalty crosses the line," Roberts said. He said when there was a breakdown in public security, politicians liked to use the call, "bring back the death penalty." But that, Roberts added, was just a "quick and cheap fix." "It costs virtually nothing to enact legislation to reimpose the death penalty and it has the advantage of appearing to take a form of action," Roberts said. Referring to the recent shooting deaths in his country, Roberts said that led Antigua and Barbuda's national security minister to "lead a chorus" in proposing the resumption of hangings. "I found this most ironic because there is no emphasis on trying to detect the crime and finding the perpetrator and putting him on trial. "The whole costly process is left out. It costs money to furnish the police force with trained detectives, forensic labs, with up-to-date equipment. It costs to attack the root causes of crime," Roberts said. The increase of poverty and indigence in the Caribbean had raised levels of inequality, social exclusion and violence in crime, he added. "The Caribbean islands today have some of the highest rates of crime in the world. Jamaica is called the 'murder capital of the world.' T&T is not too far behind. "The man in the street is concerned about his safety and that of his family and he therefore finds it easy to buy into the quick fix of bringing back the death penalty," Roberts said. Also speaking was attorney Leela Ramdeen, a member of Greater Caribbean for Life and chair of the Catholic Commission for Social Justice. She echoed Roberts' sentiment that there was urgent need to examine the root causes of crime. She said 13 of the 58 countries that retained the death penalty belonged to the Caribbean and were nearly all English-speaking. "T&T and Barbados retained the mandatory death penalty for murder and Guyana retained it for treason. Of concern also is the fact that nearly all the English-speaking countries continue to refuse to sign in favour of the moratorium resolution at the UN," Ramdeen added. The United Nations has called for the general suspension of capital punishment throughout the world. (source: The Trinidad Guardian) AFGHANISTAN: Afghan soldier accused of killing Australian soldiers captured, to face trial A former Afghan National Army sergeant accused of shooting dead 3 Australian soldiers is in cus
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Oct. 2 UNITED ARAB EMIRATES: Chloroform killer spared death penalty as victim's family cannot be found A murderer cannot face the death penalty because the courts are unable to find his victim???s blood relatives. In cases where a victim's heirs cannot be found the local authority takes their place - in this case, the public prosecution. The Federal Supreme Court ruled that because the relatives could not be consulted - under sharia they are offered the choice of demanding the death penalty, blood money or a pardon - blood money was the only option because a caretaker authority cannot ask for death. The court said the wishes of the man's wife, who was present at the trial, could not be taken into account because she was not a blood relative and could not prove she was a legal heir. It ruled that blood money of Dh200,000 be owed and kept in the court's deposit safe until the blood relatives come forward. Even if they are found, the decision is final and they cannot change the sentence. The killer broke into the house of his sleeping victim on June 12, 2006, covered his face with a chloroform-soaked napkin and stabbed him to death before burgling the house. Sharjah Criminal Court sentenced him to death. He also received 3 years in jail and fined Dh1,000 for entering the UAE using a false passport. The verdict was upheld by Sharjah Appeals Court but the killer took the case to the Federal Supreme Court, arguing there had been an error in applying the law because only the views of the wife were taken into account. He paid the blood money last June. (source: TheNationalUAE) SAUDI ARABIA: Capital punishment of 8 Pakistanis in Saudi Arabia suspended Saudi Arabia, on the request of Pakistan embassy, has suspended the capital punishment of 8 Pakistanis accused of being involved in drug smuggling. Pakistan embassy in Saudi Arabia had pleaded to the Saudi government to suspend the implementation of capital punishment given to 8 citizens of Pakistan, until the investigations are completed. A team of Pakistani diplomats during its visit to different jails of Saudi Arabia has met with 150 Pakistani prisoners arrested under the allegation of drugs smuggling. Out of 150 prisoners, most have been awarded death sentence while some have been given 10 to 18 years imprisonment. (source: Pakistan Today) GAZA: Hamas executes prisoner for murder: interior ministry The Gaza Strip's Islamist rulers Hamas on Wednesday hanged a prisoner who had been convicted of murder, its interior ministry said, despite international calls for a halt to executions. Hamas last carried out the death penalty for a criminal offence in July 2012, normally reserving the sentence for "collaborators". "At 4:30 pm (1430 GMT) on October 2, the death penalty was carried out against Hani Mohammed Abu Aliyan from Khan Yunis for his crime of killing Hazem Hassan Barham," the ministry said in a statement. The Palestinian territory's appeals court had rejected challenges against the sentence, the ministry said. Human rights groups have repeatedly urged Hamas to halt executions, including that of Abu Aliyan, which was initially to be carried out after the Muslim Eid al-Fitr holiday in August. Amnesty International on Wednesday reiterated its call ahead of the hanging. "The authorities in Gaza must urgently stop the execution scheduled for today," the London-based watchdog's Middle East director Philip Luther said. "It is deeply disappointing that the Hamas de facto administration is returning to using the gallows after a brief reprieve in the summer." Hamas on June 22 hanged 2 men accused of collaborating with Israel. But Wednesday's hanging was the 1st time since July 2012 that the Islamist group has implemented capital punishment for murder, when it executed 3 Gazans. Under Palestinian law, collaboration with Israel, murder and drug trafficking are all punishable by death. The latest execution was carried out in front of "concerned parties" and "the elite of Palestinian society," Hamas said, without giving further details. A 2nd interior ministry statement said Abu Aliyan had committed two murders -- that of Barham and of an unnamed child -- but did not specify if he had been sentenced for the second murder. Abu Aliyan killed a 6-year-old identified by the initials "MA" in 2000 "by striking the child on the head with a sharp instrument... and then beating his head with a large rock" after he had lost consciousness, it said. He killed Barham, whom he knew, in 2009 by stabbing him to death over a quarrel about a financial loan, the statement said. According to previous reports by Amnesty, 27-year-old Abu Aliyan confessed under torture to the rape and murder of the 6-year-old boy. (source: The Daily Star) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo
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Oct. 3 BANGLADESH: Amnesty wants death verdicts overturned The Amnesty International has called to overturn all the war crimes death sentences, including the one awarded to BNP leader Salauddin Quader Chowdhury. The human rights organization made the call on Wednesday a day after the International Crimes Tribunal-1 sentenced to death BNP Standing Committee member for his crimes against humanity during the 1971 liberation war. In a statement Amnesty International's Bangladesh researcher Abbas Faiz said, "The many victims of horrific abuses during Bangladesh's war of independence and their families have long deserved justice but the death penalty is not the answer. One human rights abuse cannot make amends for another. "Bangladesh must overturn the death sentence against Salahuddin Quader Chowdhury and all others. The death penalty is the ultimate, cruel and inhuman punishment and can never be a way to deliver justice," said Abbas Faiz. The death sentence to a Bangladeshi MP convicted of crimes against humanity is not the way to deliver justice to the many victims of the country's war of independence, Amnesty International says. Salauddin Quader, a 6-time MP, was found guilty of crimes including genocide and torture committed during Bangladesh's War of Independence in 1971. His family said that he would appeal against the sentence. "We urge the Bangladeshi government to ensure that Chowdhury's appeal complies with international law and standards relating to fair trials, and without recourse to the death penalty," said Abbas Faiz. "The Bangladeshi authorities must also impose a moratorium on executions as a first step towards abolishing the death penalty." In its statement, Amnesty International has said it opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution. Sheikh Hasina led government set up the ICT in 2010 under national law to try crimes against humanity, war crimes and genocide committed during Bangladesh's war of independence. The ICT has so far convicted 7 people. Of them, 5 have been sentenced to death. They can now appeal to the Supreme Court. These 5 include Salauddin Quader and 4 members of the opposition Jamaat-e-Islami. The 2 others were sentenced to imprisonment. But one of them, Abdul Quader Mollah, has since had his sentence increased to death by the Supreme Court, following an appeal by the government. He cannot appeal this death sentence because there is no higher court to hear it. (source: bdnews24) AFGHANISTAN: Soldier killings suspect faces death penalty Afghanistan's ambassador has vowed that the alleged turncoat killer of t3 Australian soldiers will face the full force of the law, including a possible death sentence, if found guilty. Ambassdor Nasir Ahmad Andisha spoke after it emerged that former Afghan National Army sergeant, Hekmatullah, had been arrested in Pakistan in February and transferred to Afghan custody on Tuesday night. "[The Australians] were there to support the people and the government of Afghanistan, so we have no doubt that this sergeant Hekmatullah will get the maximum punishment if he is found guilty under Afghan law. We have the death penalty as the maximum punishment." Australian defence and spy agencies hunted the alleged rogue soldier - who gunned down the 3 Australian soldiers in a so-called "green on blue" attack last year - after he fled across the border into Pakistan. Working with Afghan intelligence, they apparently tracked phone data connected to Hekmatullah and provided information to Pakistan's Inter-Services Intelligence agency, which made the arrest in February. But this was followed by months of delicate negotiations amid apparent political sensitivities between Pakistan and Afghanistan. Relations between Afghanistan and Pakistan are plagued by mistrust, particularly over how to deal with the Taliban. The Chief of the Australian Defence Force, David Hurley, said the capture of the suspect in the "cowardly" attack drew a line under green-on-blue attacks, with all 4 suspects in attacks against Australians now either dead or captured. Sapper James Martin, pictured top, Private Robert Poate, centre, and Lance Corporal Stjepan "Rick" Milosevic were killed when Hekmatullah opened fire with a machine gun while they were relaxing at patrol base Wahab in the Baluchi Valley of Oruzgan province on the evening of August 29, 2012. 2 other Australians were wounded, along with several Afghans. He is understood to have fled to the Pakistan city of Quetta. Mr Andisha said he believed Hekmatullah was arrested in the Quetta region. "I'm sure it was the result of both signals and human intelligence," he said. General Hurley said it was "a co-operative activity between us and the
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Oct. 3 PAKISTAN: Pakistan, with thousands on death row, rules against death penalty Pakistan has scrapped plans to reinstate the death penalty, the government said on Thursday, following threats by Taliban militants to step up attacks in retaliation. A 2008 moratorium on capital punishment imposed by Pakistan's previous government expired on June 30 and the country had been due to execute 2 jailed militants in August - a plan described by the Pakistani Taliban as an act of war. "Pakistan has decided to continue with the moratorium on capital punishment since the government is aware of its international commitments and is following them," Omar Hamid Khan, an interior ministry spokesman, said. The new government of Prime Minister Nawaz Sharif originally said it wanted to reinstate the death penalty in a bid to crack down on criminals and Islamist militants in a move strongly criticized by international human rights groups. Up to 8,000 people languish on death row in dozens of Pakistan's overcrowded and violent jails. Pakistan's moratorium drew praise because of concerns its courts and police were too inept to ensure the accused a fair trial. Pakistan did, however, break its own rules in 2012 when it executed a convicted murderer and a former army serviceman. (source: Reuters) LIBYA: Libya's Home Court Advantage---Why The ICC Should Drop Its Qaddafi Case Maybe Saif al-Islam al-Qaddafi, the son of the Libyan dictator Muammar al-Qaddafi, will go on trial soon, as Libya's government has repeatedly promised. Then again, maybe not: This past week, the militia holding al-Islam refused to hand him over to the courts in Tripoli. Legal justice is hardly assured in Libya these days, although the other, rougher kind sometimes is: Al-Islam's lawyers have warned that their client faces the death penalty or a lynch mob, with no due process either way. That is why they support the recent decision by the International Criminal Court (ICC) to continue its own case against him. And that is also why, despite protests from Libya, the Hague Court's decision might seem welcome, offering the chance of a real trial in a real court with a full range of procedural protections. But it's not, and the reasons why should instruct us in the dangers of judicializing global politics, particularly for states and societies at risk. Saif al-Islam, who spearheaded the violent resistance to revolution in 2011, was indicted after the UN Security Council referred his case to the ICC in the midst of the fighting that toppled his father's regime. He was captured by a militia based in the Libyan city of Zintan, where he has been held ever since, beyond the reach of the Libyan state and The Hague. (He recently appeared before a Zintan court on unrelated charges, but that case was adjourned until December.) The court's reasons for keeping the case are an exercise in abstract internationalism: justice for The Hague's sake. The basis for the ICC's decision to continue with its own case was Libya's inability to try al-Islam. To be sure, the Libyan courts' lack of capacity is undeniable - they almost surely meet the Hague Court's standard requiring a "total or substantial collapse or unavailability of [the] national judicial system" for a case to be admissible. But is incapacity a good enough reason to take over Libya's case against al-Islam? Asking if al-Islam's case meets the technical requirements of ICC jurisdiction misses the point. If the country's legal system is so troubled -- and it is -- then the world should direct its attention to fixing Libya's courtrooms, prisons, and police stations, rather than look to a trial in The Hague that does nothing to address Libya's deeper problems. WILLING EXECUTIONERS It is worth considering the court's reasons for keeping the case. They are an exercise in abstract internationalism: justice for The Hague's sake. Much of the ICC's recent 91-page decision is dedicated to considering whether Libya's case against al-Islam is "substantially the same" as the ICC's. The ICC has complementary jurisdiction, which means it can step in only if a state is unable or unwilling to try someone. But once a case enters the ICC system, the court raises the bar. It essentially says to countries like Libya, "We now have a case, so if you want to take it back, yours must be substantially the same." This is doctrine read through the looking glass. Lost in tests of similarity is the obvious proposition that the ICC was originally supposed to be a backstop for failed, fake, or nonexistent prosecutions. It is the ICC that needs to demonstrate the necessity of its interventions, not the other way around. But that is not how institutions reason once they have a case on the docket and the bit in their mouths. The Libyan case differs for good reason: The ICC???s charges cover only a limited range of war crimes and crimes against humanity co
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Oct. 4 ITALY/SAUDI ARABIA: Italy-S.Arabia: disaccord on women and death penalty, BoninoBonino hopes gap can be narrowed soon Italy's FM Emma Bonino with her Saudi colleague, Prince Saud Al Faisal bin Abdulaziz Al SaudForeign Minister Emma Bonino said Thursday before meeting with her Saudi counterpart Saud Al-Faisal that the 2 countries still diverge on their positions as concerns women's rights and the death penalty. The comment was made just prior to the Italy-Saudi Arabia forum underway at the Italian Senate. However, the minister said that she hoped the differences could soon be narrowed, noting that the Saudi government had already initiated reform. (source: ANSAmed) SOMALIA: Military tribunal sentences death penalty on 2 soldiers Somali military tribunal has on Thursday sentenced 2 of the government military for deliberately shooting and killing 2 police officers on early September, RBC Radio reports. The military tribunal spokesman Colonel Abdullahi who spoke with the local media after the court ruling was announced said that the military tribunal judged the 2 serving soldiers on death penalty. "After court findings, and testimonials heard against 2 serving soldiers in the national army which started on 28th September, the supreme military tribunal of Somalia has convicted against Yaxye Sheikh Abduaahi Ahmed 33 and Hussein Ali Ahmed Omar 37 for the killing against 2 police officers in Mogadishu," Colonel Kayse said. According military court findings the 2 convicted soldiers shot and killed the 2 police officers in Mogadishu's Wardhigley neighborhood on September 1st while keeping guard a lawmaker Nur Mohamed Hussein. The lawmaker was not fond guilty, the military tribunal said but warning were issued against members of the parliament using special body guards and committing crimes including deliberate shootings in civilian populated areas. (source: Raxanreeb.com) LIBYA: Suspend Death Sentences Against Gaddafi LoyalistsImpose Moratorium on Capital Punishment "These tainted sentences contradict Libya's commitment to uphold international fair trial standards. Given the number of people now on death row, and the general state of disarray in Libya's justice system, Libya should impose an immediate moratorium on capital punishment."Joe Stork, acting Middle East and North Africa director Libya's Supreme Court should suspend death sentences against a former Gaddafi official and a pro-Gaddafi fighter whose trial raises due process concerns. Military and civil courts have handed down at least 16 death sentences in 2012 and 2013, and another dozen in absentia. The government should announce an immediate moratorium on the death penalty and move toward abolishing it outright. On July 31, 2013, the Misrata Appeals Court convicted Ahmed Ibrahim and Walid Dabnoon for crimes committed during Libya's 2011 uprising, including murder and kidnapping, and sentenced them to death by firing squad. Lawyers for Ibrahim, a former Gaddafi-era official, and Dabnoon, a volunteer fighter in 2011 with pro-Gaddafi forces, told Human Rights Watch they were not able to meet with their clients privately or to question key witnesses. Ibrahim and Dabnoon appealed the conviction on September 22 to set in motion the process for a Supreme Court review of the death sentences. "These tainted sentences contradict Libya's commitment to uphold international fair trial standards," said Joe Stork, acting Middle East and North Africa director at Human Rights Watch. "Given the number of people now on death row, and the general state of disarray in Libya's justice system, Libya should impose an immediate moratorium on capital punishment." Under Libya's Code for Criminal Procedures, the Supreme Court needs to confirm the death sentences and then the High Judicial Council needs to approve. The Appeals Court convicted Ibrahim of "inciting civil war and creating discord among the population," complicity in the kidnapping, and killing of members of a family in Sirte perceived to be anti-Gaddafi, in central Libya, on September 12, 2011. The accusations also included "spreading false rumors and fabrications during the state of war with the aim of terrorizing the population" and committing acts that "endanger the general public." The conflict between anti- and pro-Gaddafi forces was raging in Sirte in September 2011. The anti-Gaddafi forces gained control of Sirte on October 20, 2011, in the process killing Muammar Gaddafi and his entourage. As far as Human Rights Watch has been able to determine, military and civil criminal courts in Misrata, Zawiyah, Benghazi, and Tripoli have issued 28 death sentences, 12 of them in absentia, since the end of the 2011 conflict. These include cases related to the 2011 conflict, as well as common crime cases - mostly for murder. Of those convicted, Ibrahim and Dabnoon and 4 other fighters sentenced to
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Oct. 4
JAPAN:
EU hopes exhibit on hanged killer spurs debate
The European Union delegation to Japan will exhibit documents relating to
executed murderer and noted writer Norio Nagayama this month to "stimulate
discussion and reflection on the issue of the death penalty."
The 8-day exhibition starting next Thursday, the World Day against the Death
Penalty, will display 10 panels on Nagayama, who gunned down 4 people over the
course of 2 months in 1968 at the age of 19 and later became an award-winning
writer through intensive study in prison, as well as some of his personal
possessions.
Nagayama, a neglected child who grew up in difficult circumstances, wrote
several books before he was hanged in 1997, including a best-selling
autobiography, "Muchi no Namida" ("Tears of Ignorance"), while reading numerous
books on a range of subjects, including the judicial system and philosophy.
The exhibit in the EU's office in Minato Ward, Tokyo, will include handwritten
manuscripts of his books.
"His writing allowed him not only to atone, but also to convey his thoughts and
message to Japanese society,??? EU Ambassador to Japan Hans Dietmar Schweisgut
said in an email interview.
"Today, his case continues to raise issues around the death penalty in Japan:
prison conditions, circumstances of executions (secrecy, extended time on death
row), and the limited possibilities of pardon or sentence commutation," he
said.
The EU opposes capital punishment, with High Representative Catherine Ashton
issuing a statement on Japan's execution of a prisoner in September that said
the bloc "believes that the death penalty is cruel and inhumane and that its
abolition is essential to protect human dignity."
Ashton called on Japanese authorities "to consider seriously a moratorium on
executions and to promote a thorough public debate on moving away from capital
punishment, in line with the worldwide trend."
Nagayama's personal belongings are now maintained and occasionally displayed by
a longtime supporter, Michie Ichihara, at her home in Tokyo.
"I hope the EU exhibition, to be held on the 45th anniversary of the Nagayama
case, will trigger further moves to terminate the death penalty in Japan and
around the world," she said.
Before committing the 4 murders, Nagayama had moved from a small town in Aomori
Prefecture - immediately after graduating from junior high school - to bustling
Tokyo during the postwar period of high economic growth.
He was sentenced to hang by the Tokyo District Court, but this was commuted to
life in prison by the Tokyo High Court on grounds that blame for the slayings
rested partially with the state for failing to rescue him from the miseries of
his childhood. The Supreme Court, however, finalized the death sentence in
1990.
"The Nagayama case illustrates how difficult and sensitive the issue of the
death penalty can be from a human and legal perspective," Schweisgut said. "As
he was himself such a young offender, who experienced such personal
transformation as he matured, we hope this exhibition will resonate with young
adults in particular."
The exhibit will also be held in the library at Hitotsubashi University in
Tokyo from Oct. 22 to 31.
Around 85 % of Japanese polled by the Cabinet Office said they support the
death penalty in at least some cases.
The Supreme Court set the so-called Nagayama criteria in applying capital
punishment, including the number of victims, the motive, brutality and social
impact of the crime.
(source: Japan Times)
PAKISTAN:
Capital punishment: Moratorium on death penalty to continue
The federal government will retain the moratorium on capital punishment for at
least a few more weeks until the country's top 2 leaders hold a meeting to
review the measure, officials said on Thursday.
Since 2008, Pakistani authorities have executed only a couple of death row
prisoners following a moratorium on capital punishment. There are around 8,000
prisoners on death row in more than 5 dozen jails of the country.
"No new development so far. The moratorium on capital punishment will continue
- until the president and the prime minister meet to take a final decision on
the matter," interior ministry spokesperson Omar Hameed Khan told The Express
Tribune.
Prime Minister Nawaz Sharif and President Mamnoon Hussain will hold a meeting
within the next couple of weeks to take a final decision either to lift the ban
or continue the previous government???s decision, officials added.
In August this year, the European Union (EU) cautioned Pakistan that lifting
the moratorium will be viewed as a major setback in the 28-member bloc and
possibly affect Islamabad's quest for duty-free access to European markets.
Prime Minister Nawaz Sharif had directed the interior ministry to halt
executions till further orders. The instructions had come in the wake of the
foreign ministry's recommendations to avail the
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Oct. 5 LIBYA: Saif Gaddafi's lawyer concerned for her safety after kidnap of nephewA lawyer hired to defend Colonel Gaddafi???s son against war crimes charges has expressed fears for her safety after her relative was kidnapped and tortured by a militia. Mabrouka Jamaa, who is representing the late Libyan leader's 2nd-eldest son, Saif al-Islam, said her nephew was abducted last month, just days after she represented Saif at a court appearance in the city of Zintan. She said she feared the abduction could be an attempt to drive her and other lawyers away from acting in the case. Human rights groups have already expressed doubts about the impartiality of the war crimes tribunal planned by the Libyan government, which is refusing to hand Saif and other senior Gaddafi-era prisoners over to the Hague for prosecution. "I cannot be certain that my nephew's kidnapping was related to me defending Saif, but it raises lots of questions," Ms Jamaa told The Daily Telegraph. "The boy is only a child and he has no political activities." Saif, 41, was among 38 senior regime figures who appeared in different courts in Libya on September 19, all charged with attempting to suppress the popular uprising that ended his 42-year rule in 2011. Several of the defence lawyers appointed to represent the defendants have already expressed fears for their safety. At last month's hearing, a group of relatives of some of Gaddafi's victims attempted to attack one defence lawyer as he left a heavily guarded court in Tripoli. Human rights groups have said the trials should be held at the International Criminal Court at the Hague, to ensure that both the lawyers and judges are not subject to intimidation or political pressure. But the proposal is not popular with the Libyan public or its government, because the Hague court cannot impose the death penalty. The trials also come amid growing concerns of lawlessness in Libya as the new government struggles to impose its authority. Home-grown militias that helped rid the country of Colonel Gaddafi have drifted into gangsterism, while kidnaps and murders have become commonplace, many of them politically motivated. Last week a Libyan journalist, Taher Al-Turki, was kidnapped and his brother murdered as they drove from Tripoli to Zintan, in an attack for which no motive has yet been established. Ms Jamaa, who was appointed by an aunt of Saif, said that her kidnapped nephew, who was just 14, was abducted by gunmen loyal to a known Tripoli militia leader operating in one of the capital's slum neighbourhoods. "He was released eventually, but he was subject to a beating and torture all day long by 7 people who kidnapped him," she said. "I hope I am wrong in my suspicion that this might be connected to my activities as a lawyer for Saif." Saif, who studied at the London School of Economics, is facing trial in the western city of Zintan, where he has been in prison since being captured by a local militia in November 2011. In a sign of the growing political factionalism now gripping Libya, the Zintan militia commanders have refused requests to hand him over to the central government in Tripoli, claiming that Gaddafi "remnants" in the judiciary might try to declare him innocent. Other defendants who appeared in court in Tripoli last month included Abdullah Senussi, the former spymaster accused of helping mastermind the Lockerbie bombing; Baghdadi Mahmoudi, the former prime minister, and Mohammed Zoaia, a former ambassador to London, who was a prominent cheerleader for the regime during the 2011 pro-democracy uprising. (source: The Telegraph) IRAQ: In Iraq, executions rise as deadly attacks escalate There's a certain prison in the northeastern Baghdad district of Kadhimiyah, Iraq, where the Tigris River makes a sharp bend before it winds its way through the rest of the city. It's where men and women who are sentenced to death wait to die. When Saddam Hussein ruled the country, people sent to the prison disappeared, never to be heard from again. Allegations from hidden informants condemned those delivered there to torture, secret detention and a shadowy fate. Their families would never know what became of them, or even why they were taken in the first place. After the U.S.-led military invasion ousted Saddam from power in 2003, American civilian advisers, legal experts and billions of dollars marked for training streamed into the country alongside the tens of thousands of coalition soldiers. They put the death penalty on hold. A significant part of the money the U.S. government sent to Iraq was earmarked for training and directives to imbue courts, the judiciary and police with more democratic and transparent processes. But a little over a year after it was suspended, the death penalty was reinstated by the new Shiite-led central government. A year later, in 2005, the executions, usually by hanging, resum
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Oct. 5 PAKISTAN: Pakistan court says 2 brothers to hang on Oct 23 A Pakistani court has issued death warrants for 2 murder convicts though the government is continuing with a moratorium on capital punishment. District and Sessions Judge Chaudhary Khaliquz Zaman of Faisalabad district in Punjab province yesterday issued death warrants for 2 brothers and set October 23 as the date for their execution. Abdul Waheed Khan and his brother Abdur Rehman Khan were given the death sentence by an additional sessions judge in 2009. The apex court upheld the lower court's verdict and the mercy petitions of the 2 men were rejected. The PML-N government at the centre recently announced it intends to continue with a moratorium on the death penalty that was put in place by the previous Pakistan People's Party-led government. "Pakistan will continue with the moratorium on capital punishment until Prime Minister Nawaz Sharif and President Mamnoon Hussain meet to review the measure," Interior Ministry spokesman Omar Hameed Khan said yesterday. (source: The Times of India) * Zardari welcomes continuation of moratorium on death penalty Former President Asif Ali Zardari has welcomed the government decision to continue with the policy of the previous government on informal moratorium on executions and called for a thorough review of the death penalty in the country in the light of prevailing objective conditions on the one hand and religious obligations on the other. Spokesperson Senator Farhatullah Babar said that the former President in Dubai noted with satisfaction that in deciding to continue with the moratorium policy the government was not deterred by the usual political compulsions and pressures to reject each and every policy devised by a previous government regardless of its merit. "Continuing with rational policies of the predecessors is a sign of wisdom and political maturity that must be encouraged and welcomed", he quoted the former President as saying. Mr. Asif Ali Zardari recalled that in his addresses to the joint sessions of Parliament he had repeatedly called for rationality in deciding to continue or terminate policies of predecessor governments with a view to continuing good policies in national interest. Spokesperson Farhatullah Babar said that the proponents of death penalty often argued that Islam ordained the death penalty. According to a large number of eminent religious scholars Islam provides for death punishment only for murder and fasad-fil-arz (mischief in the land) but in Pakistan over 2 dozens offences carried death penalty. This makes it necessary that the list of offenses carrying death penalty is reviewed, he said. A review of the offences seems to the 1st logical step to move towards formalizing the informal moratorium decision he said adding also the PPP would support the government in carrying out a review the list of offenses carrying mandatory capital punishment. Farhatullah Babar said that capital punishment was irreversible and no remedy is available if later it was established that the executed person was innocent. The nation has still not recovered from the after effects of execution of Pakistan's first directly elected Prime Minister Shaheed Zulfikar Ali Bhutto through dubious and politically motivated proceedings. He said that even in countries with strong and efficient justice systems the death penalty has been abolished on the ground of possibility of wrong conviction. In Pakistan the weaknesses of the justice system are too obvious and the chances of miscarriage of justice too high. It is this fear of miscarriage of justice that lies at the root of the dictum that a dozen culprits may walk free but not one innocent person be hanged, he said. He said that Pakistan has also signed and ratified a number of international agreements that obligates us to accept the international human rights mechanisms. The 2nd protocol of the International Covenant on Civil and Political Rights (ICCPR) signed by Pakistan calls for abolition of the death penalty and cannot be ignored for too long, he said. (source: New Paksitan) * Pakistan continues bar on death penalty Pakistan has decided to go ahead with the decision to continue ban on death sentences in the country. According to the Interior Ministry spokesperson, the decision was taken after consultation between president and prime minister. Talking to a private TV channel, Spokesperson for Ministry of Interior, Umar Hameed Khan said that the death sentence of 430 prisoners is pending however 30 cases have been sent to the President Mamnoon Hussain for consideration. He said that the incumbent government is well aware of its international duties and would perform its duties according to the law. It is worth mentioning here that Pakistan Peoples Party led government had imposed ban over death sent
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Oct. 6 IRANexecutions 5 more executions / 2 in public 3 prisoners have been hanged in Ardebil on charge of drug trafficking as well as 2 others who were executed on charge of murder in Babol in public. According to a report by IRIB, the prosecutor of Babol said yesterday: "The 2 murderers who had killed the members of Tavakkol family in October 2010 including the parents and the children, have been hanged in Madar square of Babol today morning." Also the prosecutor of Ardebil reported the execution of 3 prisoners on charge of drug trafficking and said: "These prisoners were hanged on charge of having and marketing 19kg Heroin. We have executed 16 drug traffickers this year. According to the article 8 of drug law, those who have more than 30gr Heroin will face death penalty." (source: Human Rights Activists News Agency) INDIA: 'Brutality alone not criterion for handing death penalty' The brutal nature of a murder alone do not make it as a "rarest of rare cases" warranting the death penalty, the Supreme Court has held while commuting to life the capital punishment handed to a man for killing 3 persons, including a pregnant woman and a 5-year-old child. A 3-judge bench presided over by Justice H L Dattu asked courts to analyse the finer aspects of a case and ensure that the punishment is commensurate with the severity of the offence. "In a civilised society, a tooth for a tooth and an eye for an eye ought not to be the criterion to clothe a case with the 'rarest of the rare' jacket and the courts must not be propelled by such notions in a haste resorting to capital punishment. Our criminal jurisprudence cautions the courts of law to act with utmost responsibility by analyzing the finest strands of the matter and it is in that perspective a reasonable proportion has to be maintained between the brutality of the crime and the punishment," the court said. Finding the defence version as "unnatural and improbable", the court said that awarding life sentence in a case of murder is rule and capital punishment an exception. (source: Deccan Herald) CARIBBEAN: FINAL DECLARATION OF THE FIRST MEETING OF THE GREATER CARIBBEAN FOR LIFE Port of Spain - 2 October 2013 We, The Members of the Greater Caribbean for Life, at our first meeting in Trinidad and Tobago on 2 October 2013, Welcoming that no executions have been carried out in the Greater Caribbean since 2008, and that the number of death sentences imposed in the region has been declining, Recognizing that 140 countries are now abolitionist in law or practice and that the worldwide trend is moving away from the death penalty, Noting with deep concern the alarming increase in crime rates in the region over the past 10 years, Mindful of the lack of evidence of the deterrent effect of the death penalty, Reaffirming that all persons have the right to life and that the death penalty is the ultimate denial of human rights, 1. Adopt this Declaration after 2 days of intense debates, shared experiences, testimonies and numerous commitments of abolitionist individuals, and organizations from 12 countries of the Greater Caribbean, and commit ourselves to: (a) campaign towards the abolition of the death penalty, inclusive of creating a culture of promotion and protection of human rights, (b) support the vision, mission and objectives of the Greater Caribbean for Life, whose Constitution was adopted by its members today, 2 October 2013; 2. Call upon governments of countries in the Greater Caribbean that still retain the death penalty to: (a) accede to the relevant international and regional conventions that create the obligation to abolish the death penalty and to report to the relevant international and regional bodies about the progress made in achieving the objectives settled in the relevant conventions; (b) immediately establish a moratorium on executions with a view to abolishing the death penalty, as recommended by the Inter-American Commission on Human Rights in its 2012 report on the death penalty and in line with four resolutions adopted by the UN General Assembly since 2007; (c) commute all death sentences to terms of imprisonment that conform with international human rights norms and standards and establish a moratorium on death sentences; (d) promote a meaningful national and regional debate on the human rights issues that are relevant to the death penalty, including publishing regular and reliable information on the implementation of capital punishment and moves towards its abolition in the region and worldwide; (e) abolish provisions in national law that are contrary to international human rights law and standards, such as those in Barbados and Trinidad and Tobago providing for the mandatory imposition of the death penalty; (f) ensure that international human rights law and standards are observed in all capital cases at all stages of the process;
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Oct. 7 JAPAN: Europe against the death penalty -- Join the discussion! The following is a joint contribution submitted to the Mainichi by EU Ambassador to Japan Hans Dietmar Schweisgut, ambassadors of EU member countries in Japan, and the ambassadors of Norway and Switzerland, which do not belong to the EU, ahead of the World Day against the Death Penalty on Oct. 10. -- The death penalty is a difficult, emotive issue. Evidence abounds that it does not deter violent crime. And any capital punishment that results from a miscarriage of justice represents an irreversible loss of a priceless life. The recent revelations about the case of Michitoshi Kuma, who maintained his innocence until executed in 2008, brings this painfully home to us. Japan, the European Union, its member states and Norway and Switzerland are all like-minded partners. We work closely together on the global challenges of our times, from climate change to counterterrorism, from humanitarian assistance to energy security. Our work is underpinned by a shared commitment to democracy, human rights and the rule of law. But we do not agree on the death penalty. It is a condition of EU membership that states must abolish the death penalty, and the EU works worldwide to encourage other countries to do the same. This is also the true for the 47 states of the Council of Europe, in which Japan is an observer state. We are opposed to capital punishment in all its forms and in all circumstances. It is a violation of human dignity. So we were deeply disappointed by the resumption of executions in Japan last year. We deplore the 6 executions that have been carried out since the beginning of this year and will continue to call on the Government of Japan to put in place a moratorium, pending its complete abolition. According to a Japanese government survey, 86 % of the public supports the death penalty. At the same time, other research has found that members of the public don't always have all the information to hand before they form their opinion. For example, many people don't know that the only method of execution in Japan is hanging and that this method hasn't changed since 1873. There is a worldwide trend away from the death penalty. More than 2/3 of countries around the world have formally abolished capital punishment or have stopped applying it. Even in the United States, the number of states that no longer carry out the death penalty has risen to 18. Maryland was the latest state to join this group in May this year. The trend is also a regional one -- Mongolia abolished the death penalty in 2012, following a 2-year moratorium on executions. We would like to share with the citizens of Japan our views regarding the death penalty in their country and its moral and legal consequences, and to encourage a thorough debate in this country on all aspects of its use and effects. Likewise, we encourage the Japanese government to take an active role in this debate. That is why we wrote to Foreign Minister Kishida after the most recent execution, outlining our principled opposition to the death penalty. We, the ambassadors of the European Union, Norway and Switzerland, are ready to contribute to the public debate by launching today a new initiative: "Europe against death penalty -- Join the discussion!" Under this banner and through exhibitions, contests, conferences, blogs and surveys as well as contacts to government officials and parliamentarians, we aim at nourishing the debate by expanding people's knowledge and understanding of capital punishment in Japan. Abolition of the death penalty is an issue on which both the government and the public need to show courage and resolve. We hope the debate about the death penalty will contribute to making the case for a moratorium, which would be consistent with Japan's fundamental values. (source: The Mainichi) INDIA: SC to deliver verdict in Tandoor case tomorrow The Supreme Court will tomorrow deliver its verdict on a plea filed by jailed former Youth Congress leader Sushil Sharma challenging his conviction and death sentence in the 1995 Naina Sahni murder case. The fate of Sharma will be decided by a bench headed by Chief Justice P Sathasivam which had reserved its verdict on August 13. During the hearing in the infamous 'tandoor' case, Sharma's counsel pleaded the case did not fall in the rarest of rare category warranting capital punishment. Sharma had submitted the conviction was entirely based on the circumstantial evidence and death penalty cannot be awarded to the convict. However, the prosecution said the case falls in the category of the rarest of rare and the trial court and the Delhi High Court were justified in awarding death sentence. The arguments before the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, had commenced five years after Sharma filed the appeal against the Delhi Hig
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Oct. 8 CHINA: Beijing Baby Killer Appeals for Light Sentence A man who killed a 2-year-old girl by throwing her to the ground, lodged an appeal through his attorney on Tuesday after receiving death penalty about 2 weeks ago. Han Lei, 39, grabbed a girl from her pram and hurled her to the ground in Daxing District of Beijing on July 23 after an argument with her mother over a parking space. Han was sentenced to death by Beijing No.1 Intermediate People's Court on September 25, on charges of intentional homicide. Han appealed to have his crime reduced to involuntary homicide on the grounds that he didn't know it was a baby carriage or that he was hurling a baby. According to China's law, involuntary homicide will be sentenced to 3 to 7 years' imprisonment, while intentional homicide will be given the death penalty. (source: CRI English) PAKISTAN: Government scraps plan to reinstate death penalty Pakistan has scrapped plans to reinstate the death penalty, the government said on Thursday, following threats by Taliban militants to step up attacks in retaliation. A 2008 moratorium on capital punishment imposed by Pakistan's previous government expired on June 30 and the country had been due to execute 2 jailed militants in August - a plan described by the Pakistani Taliban as an act of war. "Pakistan has decided to continue with the moratorium on capital punishment since the government is aware of its international commitments and is following them," Omar Hamid Khan, an interior ministry spokesman, said. The new government of Prime Minister Nawaz Sharif originally said it wanted to reinstate the death penalty in a bid to crack down on criminals and Islamist militants in a move strongly criticised by international human rights groups. Up to 8,000 people languish on death row in dozens of Pakistan's overcrowded and violent jails. In August, the government had decided to hang 4 convicts on death row. They, including 2 members of the banned sectarian outfit Lashkari Jhangvi (LJ), were scheduled to be executed at the Sukkur jail and Karachi Central prison on August 20, 21 and 22. (source: Oman Tribune) SOUTH SUDAN: South Sudan Law Society Invites Media Outlets to 'World Day Against the Death Penalty' Celebration South Sudan Law Society Access to Justice for All Juba, South Sudan RE: INVITATION FOR THE MEDIA COVERAGE ON THURSDAY 10TH OF OCT-2013 South Sudan Law Society (SSLS) is cordially inviting Media Fraternity in the Country to join in Celebrating "World Day against the Death Penalty"; the event will take place on Thursday the 10th of October 2013. Time: 9:30 am to 1:00pm Venue: Dembesh Hotel -opposite Juba Stadium The main objective is to remind the governments to live up to their obligations expressed by vote in favor of the United Nations General Assembly Resolution on the moratorium on the use of death penalty in November 2012 and immediately sign the moratorium on death penalty. All Media Houses both International Media houses and South Sudan Media houses are highly invited. For more Information regarding the celebration, you can contact the Information and Communications office of South Sudan Law Society-SSLS for more directives. Your attendance will be highly appreciated. Thanks, Peter Gai Manyuon Senior Information and Communications-SSLS (source: South Sudan News Agency) INDIA: Delhi gangrape: Lawyers of 2 convicts withdraw from caseFresh production warrants against the 2 have been issued, to appear on Wednesday The Delhi High Court Tuesday issued fresh production warrants against 2 of the 4 men who have been awarded the death penalty in Dec 16, 2012 gang-rape-cum-murder and asked them to appear on Wednesday. A division bench of Justice Reva Khetrapal and Justice Pratibha Rani ordered production of two convicts - Mukesh and Pawan Gupta - after their counsel withdrew from representing them. Tihar Jail authorities were told to produce the convicts before the court Wednesday while hearing the trial court's reference for confirmation of the death penalty awarded by it to the 4 men. A 23-year-old woman was brutally gangraped on a moving bus by 6 people, including a juvenile. The accused then threw her and her male companion out of the vehicle, without clothes, to die by roadside on on the cold December night. The woman died of grave intestinal injuries Dec 29 at Singapore's Mount Elizabeth Hospital where she was airlifted for specialised treatment. 1 of the 6 accused was found dead in a cell in Delhi's Tihar Jail while the juvenile involved in the crime was Aug 31 sent by the Juvenile Justice Board to a reform home for three years, the maximum term under the juvenile law. Mukesh's counsel V.K. Anand told the bench that he can't represent his client as convict's family is interfering with his work. "I have prepared the appeal, but I could not file the appeal. I want to withdraw
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Oct. 8 IRAN: Iran Should Halt Executions as Rate of Hangings Accelerates The Iranian authorities should impose an immediate moratorium on executions in Iran given the alarming rise in the use of the death penalty in recent weeks, the International Campaign for Human Rights in Iran and the Iran Human Rights Documentation Center said today. As World Day Against the Death Penalty approaches on October 10, the Judiciary should review the sentencing guidelines that allow for the use of capital punishment, and revise them in accordance with international standards, the human rights organizations added. In the 2 weeks between September 11 and September 25, Iranian officials hanged a record 50 individuals, primarily for drug-related offenses. "While Rouhani was promoting a softer image of Iran internationally during his visit to New York 2 weeks ago, it was business as usual on the domestic front with scores of prisoners put to death following unfair trials," said Hadi Ghaemi, executive director of the International Campaign for Human Rights in Iran. "Since Rouhani's inauguration, the increasing number of prisoners being sent to the gallows is indefensible," he added. The increase in execution numbers comes at a time when the release of several well-known political prisoners has raised hopes for substantive human rights reform in Iran. Iranian president Hassan Rouhani's visit to the UN General Assembly in New York and his diplomatic overtures aimed at ending tensions related to Iran's nuclear dossier have been widely seen as a new, more conciliatory phase in relations between Iran and the international community. Yet while Rouhani was elected on promises of change and human rights reforms, there have been at least 125 executions since his inauguration on August 4, with dozens of other prisoners sentenced to death or facing imminent execution. Iran carries out more executions per capita annually than any other country in the world. So far in 2013, Iran has executed at least 402 individuals. It also carries out many of these executions in public, with 53 such public executions in 2013. UN experts and other governments have repeatedly voiced concern over Iran's use of the death penalty in drug-related convictions. Under international law, the use of the death penalty is restricted to only the "most serious" crimes, and the UN Special Rapporteur on extrajudicial, summary or arbitrary executions has explicitly held that drug-related crimes do not meet this criterion. Yet drug offenders are routinely sentenced to death and executed in Iran. In the past month alone, 25 out of the total 55 individuals executed were convicted of drug-related offenses. United Nations experts have called on Iranian authorities to impose a moratorium on the death penalty. There are also serious concerns about the legal rights afforded to defendants in death penalty cases. Many defendants are denied due process and do not have adequate access to legal counsel. Additionally, evidentiary standards in these trials, especially in cases deemed "security crimes" by the Iranian Judiciary, fall well below international norms. While the executive branch does not have direct control over executions or the prison system, recent developments - including the release of a few prominent political prisoners in advance of Rouhani's visit to the UN - suggest that Iran's Judiciary supports the new president's diplomatic endeavors, at least in part. Yet the accelerating pace of executions over the past month indicates that Iran's Judiciary has not initiated any broad review of domestic policy since Rouhani's election. In addition to the high numbers of individuals put to death for drug-related offenses, there is an on-going concern that the death penalty continues to be used as a tool to stifle political dissent, especially against ethnic minorities, such as in the case of 6 Kurdish Sunni activists and four Arab-Iranian men whose death sentences were recently upheld by Iran's Supreme Court and who currently face imminent execution. On September 19, 2013, Mowlana Abdulhamid, the Sunni Friday prayer leader, wrote a letter to Iran's Supreme Leader, Ayatollah Ali Khamenei, calling for a halt to the execution of another 26 Sunni Kurdish-Iranian young men on death row at Karaj's Rajaee Shahr prison. "The rapid pace of executions over the past month shows that while talk of human rights reforms has intensified with the release of high-profile political prisoners and promises for more pardons, there is still a long way to go in pushing change on the margins of society," said Gissou Nia, executive director of the Iran Human Rights Documentation Center. "The seeming trend for reform has yet to extend to Iran's liberal application of the death penalty, which disproportionately affects ethnic minorities and the poor." (source: Iran Human Rights) ___
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Oct. 9 MALTA: Malta amongst signatories for abolition of death penalty; Foreign Affairs Minister George Vella signs joint call for the abolition of the death penalty. According to the signatories, death penalty meant inherent inhumanity. "The death penalty is not only an intolerable affront to human dignity, its use goes hand in hand with numerous violations of the human rights of the condemned and their families. Moreover, capital punishment has no positive impact on crime prevention or security and does not in any way repair the harm done to the victims and their families." Armed with these convictions, the 42 countries took the opportunity presented by the 11th World Day against the Death Penalty to reiterate their unrelenting dedication to the abolition movement in Europe and all over the world. "The aim of our appeal is not to deliver a lecture, but to share our experience as well as our conviction. If the history of the abolition of the death penalty in our various countries has taught us anything, it is that the path is long and hard. Capital punishment was not repealed overnight. Its abolition became a reality only as a result of increasing awareness and constant collective effort. It was through perseverance and in gradual stages that the number of executions fell, the list of crimes punishable by death was narrowed, justice became more transparent, de facto moratoriums on executions were established and that - finally - the death penalty disappeared. It is this process that countries that still carry out executions in the name of justice must go through." The determination needed to achieve abolition of the death penalty must come from states as well as from individuals, and this is also the message of today's joint appeal. The path to the abolition of the death penalty was not taken by closed societies or countries cut off from the rest of the world. That the death penalty has been all but abolished in Europe today is thanks to informed debate and a fluid exchange of ideas between our countries and societies. The Council of Europe and the European Convention on Human Rights have acted as catalysts for this regional trend away from the death penalty, and have even allowed it to spread further afield. The entry into force of Protocol 13 to the said convention (Protocol concerning the abolition of the death penalty in all circumstances) 10 years ago is a prime example. Today, we represent 42 of the 44 states that have ratified Protocol 13 and urge all of the member states of the Council of Europe who have not yet done so to join us. We strongly urge the last State in Europe still applying the capital punishment to join a global moratorium on the death penalty as a 1st step towards its abolition. The case of Europe illustrates the fundamental role played by regional and multilateral organizations in advancing the cause of abolition. The abolition of the death penalty in many American, African and Asian states exemplifies the universal character of this fight. It also demonstrates the need for a strong political signal, as well as the participation of the whole of society in these efforts. In this spirit, we must use the momentum of the 5th World Congress against the death penalty which took place in Madrid in June this year. We recall these principles today because we are entering a crucial phase in the process of abolishing the death penalty worldwide. Today, only about 50 countries still allow capital punishment, whereas twenty years ago it was almost twice as many. As the resolutions of the United Nations show, a growing majority of States support the establishment of a universal moratorium on death penalty. "This positive trend allows us to imagine the next generations to live in a world without capital punishment and spurs us on in our common efforts to support countries on the path to its universal abolition," the signatories said. This joint call to abolish the death penalty is signed by the following ministers of foreign affairs: Ditmir Bushati (Albania), Gilbert Saboya Sunye (Andorra), Michael Spindelegger (Austria), Didier Reynders (Belgium), Zlatko Lagumdija (Bosnia and Herzegovina), Kristian Wigenin (Bulgaria), Vesna Pusic (Croatia), Ioannis Kasoulides (Cyprus), Jan Kohout (Czech Republic), Villy S???vndal (Denmark), Urmas Paet (Estonia), Erkki Tuomioja (Finland), Laurent Fabius (France), Nikola Poposki (FYR Macedonia), Guido Westerwelle (Germany), Evangelos Venizelos (Greece), Janos Martonyi (Hungary), Gunnar Bragi Sveinsson (Iceland), Eamon Gilmore (Ireland), Emma Bonino (Italy), Edgars Rinkevics (Latvia), Aurelia Frick (Liechtenstein), Linas Antanas Linkevicius (Lithuania), Jean Asselborn (Luxembourg), George Vella (Malta), Natalia Gherman (Moldova), Jose Badia (Monaco), Igor Luksic (Montenegro), Frans Timmermans (Netherlands), Espen Barth Eide (Norway), Rui Machete (Portugal), Titus Corlatean (Roman
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Oct. 9 QATAR: Qatar judge allows children of jailed couple to return home A judge in Qatar has allowed the adopted children of an American couple currently in jail on murder charges to return to the US, it was reported. Matthew and Grace Huang, from California, are accused of starving their Ghanaian-born daughter Gloria to death, although the couple claim that she died after suffering from various medical problems and erratic eating habits, including bingeing and self starvation. Their other 2 adopted children were allowed to travel back to the US and landed in Washington late last week. The Huangs remain in prison and their next hearing is scheduled for November 6. Prosecutors allege that they denied food to the girl and locked her in her room at night. A medical examiner from Hamad Hospital testified in June that the girl died of cachexia, a rare disease that causes the body to waste away. If found guilty, the Huangs could face the death penalty. A report by Qatari police also raised questions about why the Asian-American Huangs would adopt a child that did not share their "hereditary traits", and theorised that the children had been "bought" for organ harvesting. The Huangs moved to the gas-rich Gulf state in 2012, where Matthew Huang was working on water engineering projects as part of new infrastructure for Qatar's hosting of the 2022 World Cup. (source: Arabian Business) BELARUS: Belarus under fire for death penalty People in Belarus are forced to live in a climate of fear because "politically-guided" courts are handing down the death sentence, a U.N. special envoy said. Miklos Haraszti, U.N. special envoy in the human rights situation in Belarus, said Wednesday he was frustrated by the justice system in the country. "I am deeply disappointed regarding the rulings of Belarusian courts which continue to hand down death sentences to the country's citizens," he said in a statement. 5 executions were carried out in Belarus and 3 death sentences were upheld for men convicted on murder charges this year. The rights envoy said Belarus was the only European country that still retains a death penalty. Human rights groups have been critical of the government in Belarus, which has been accused of silencing its critics. Haraszti said there was a general lack of transparency in the country's justice system, which made its record on capital punishment troubling. "It is unacceptable that Belarusians must live in the fear that non transparent and politically-guided courts hand down death penalty sentences at the end of a procedure without guarantees of a fair trial or the right to appeal to international bodies," he said. (source: United Press International) CARIBBEAN: Caribbean urged to abolish death penalty The Inter-American Commission on Human Rights (IACHR) Wednesday urged Caribbean countries that still have the death penalty to abolish it or at least to impose a moratorium on its application. In a message marking International Day against the Death Penalty on Thursday, the IACHR said regional instruments for protection of human rights do not prohibit per se the imposition of the death penalty, but they establish specific restrictions and prohibitions regarding its application. "The American Convention on Human Rights establishes provisions required to limit its application, with the aim of achieving its gradual disappearance," the IACHR said, pointing to a clear global trend toward abolishing the death penalty, based on recent developments in this matter at the United Nations. The IACHR said it was urging countries to ratify the Protocol to the American Convention on Human Rights to Abolish the Death Penalty; to refrain from adopting any measure that would expand the application of the death penalty or reintroduce it and to take any measures necessary to ensure compliance with the strictest standards of due process in cases involving the application of the death penalty. The IACHR said while capital punishment remains a pressing challenge, the region has seen significant changes, including reforms to restrict the types of crimes and circumstances in which the death penalty can be applied, as well as explicit or de facto moratoriums. "Of particular importance have been advances in Caribbean countries related to the mandatory imposition of the death penalty, that is, when it is imposed after a criminal conviction without the opportunity for presenting or considering mitigating circumstances. "The development of inter-American standards establishing that the death penalty contravenes the American Convention and the American Declaration, as well as interaction between the inter-American human rights bodies and the judicial bodies of the Commonwealth Caribbean, among other factors, have led to progress in the elimination of the mandatory death penalty in the majority of the countries of the Caribbean."
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Oct. 9 CHINA: New cases spur debate on capital punishment in China; Beijing has made some strides in reforming how death penalty gets meted out, but experts say more transparency is needed in system Early on the morning of September 25, representatives from a Shenyang court in Liaoning province went to the home of Zhang Jing with news her husband, Xia Junfeng, would be executed in a few hours. She should go to the detention centre to say her good-byes, they said. Xia, who sold roasted sausages and other snacks on the street after losing his factory job, was convicted of "intentional homicide" in the stabbing death of 2 urban management officers in 2009 after they beat him. He insists he acted in self-defence. Despite a long review of his case by the Supreme People's Court, the death sentence was upheld. "As long as there is still one person back at my home, tell them not to give up appealing for me," Xia said in his last words to his wife, she later told the South China Morning Post. Xia wanted to have a final photo taken with his family, but officials refused. "How could you be so cruel?" Zhang said on her microblog. Gu Kailai , 53-year-old daughter of a Communist Party elder, was also convicted of "intentional homicide". She poured rat poison and cyanide mixed in water down the throat of drunken British businessman Neil Heywood in a room at the Lucky Holiday Hotel on November 14, 2011, in Chongqing , where Gu's husband, Bo Xilai served as party boss. She received a suspended death sentence last year, and could be released from jail after serving nine years, on the grounds of medical parole, according to the Dui Hua Foundation, a US-based group that pushes for human rights and legal reforms on the mainland. Today is "World Day Against the Death Penalty", an initiative launched in 2002 by an alliance of more than 145 non-governmental groups aiming to get rid of capital punishment. While the mainland has taken significant steps in recent years to limit the number of people its courts sentence to death, observers agree a ban is a long way off. Judicial officials often say the concept of "a life for a life" remains ingrained in society, and the nation is at a stage of development where the death penalty is necessary as a deterrent. There are key differences between the cases of Xia and Gu, her mental health was taken into account by the court for instance, but they help to illustrate what lawyers and activists say is an unfair application of capital punishment on the mainland. Mao Lixin, a Beijing-based criminal lawyer, said capital punishment was linked to social inequality. Defendants lower on the economic ladder often lacked the resources to hire the legal assistance they deserved, Mao said. "Xia's case is a classic example [of this] when compared to that of Gu," he said. Rights lawyer Liu Xiaoyuan agreed. "In cases like Xia's, a suspended death penalty is more than enough, but he was nevertheless given a harsh sentence," Liu said. "It seems the sentence is most often imposed for violent crimes, especially in cases where civilians have clashed with the government or where law enforcement officers were attacked." When it comes to corrupt officials, the courts have often taken a different approach. In July, former railway minister Liu Zhijun was found guilty of taking bribes and other gifts worth 64.6 million yuan (HK$81.6 million) in addition to helping get 11 people promoted in exchange for favours. Liu received a suspended death sentence, which could be commuted to life imprisonment with good behaviour. His term could be subsequently reduced to as little as 13 years if he is not cited for further lapses. "The death penalty can be imposed on officials who received bribes worth more than 100,000 yuan," Liu said. "However, in recent cases, toppled officials, including Liu who took bribes worth tens of millions of yuan, were not sentenced to death." The death penalty can be imposed on officials who received bribes worth more than 100,000 yuan. In recent cases, toppled officials, including Liu who took bribes worth tens of millions of yuan, were not sentenced to death Rights lawyer Liu Xiaoyuan His case contrasts with that of former Hunan tycoon Zeng Chengjie, who was executed by firing squad in July after being found guilty of illegally raising 3.4 billion yuan and defrauding investors. Currently, 158 countries in the world have abolished or are no longer imposing the death penalty. China puts to death more people than any other country, although Iran and Singapore have higher per capita execution rates. It is impossible to accurately state how many people are being executed on the mainland every year as the number remains a state secret. The Dui Hua Foundation estimated there were 4,000 executions in 2011 and 3,000 last year, using information provided by Professor William Schabas who is an international crimina
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Oct. 10 GLOBAL: UNPO Observes World Day Against The Death Penalty Today, UNPO celebrates the 11th World Day Against the Death Penalty, a campaign which has been held on 10 October every year since its launch in 2003. Its aim is to obtain the abolition of the death penalty, a cruel, inhuman and degrading punishment which is incompatible with fundamental human rights. Along with many other organisations, UNPO appeals to abolish the death penalty in all countries and in all circumstances. UNPO notes that some of the Nations and Peoples it represents live in countries still practicing the death penalty, such as Bangladesh, China, Ethiopia, India, Indonesia, Iran, Iraq, Nigeria, Pakistan, Somalia, Syria, Uganda and Vietnam. Others live in countries that have only abolished the death penalty for ordinary crimes, like Chile, or countries that have done so in practice but not in law, such as Cameroon, DR Congo, Kenya, Laos, Mauritania, Myanmar, Russia and Tanzania. For a summarized view of those members still living under the threat of the death penalty, please see the table below which UNPO has compiled using publicly available information. Unfortunately, capital punishment is often considered as an effective response to violent crime, while no scientific study has proved that violent crime rates are linked to the application of the death penalty, which is thus unnecessary. In this regard, Costa Rica is a good example. Abolitionist since 1877, this country has a low homicide rate. Actually, it is similar to that of Antigua and Barbuda, which are retentionist countries. Worldwide, according to Amnesty International, 58 countries are still retentionist. Furthermore, among the 140 remaining countries, 35 have only abolished the death penalty in practice and 8 chose to abolish it for ordinary crimes only. In other words, there is still work to be done to end the death penalty, but the global trend towards the abolition is strong (see the Hands Off Cain's 2013 Report, "The Death Penalty Worldwide"). In fact, more and more governments are realizing that they should focus on prevention, and not punishment. This year, World Day Against the Death Penalty is focusing on the Greater Caribbean. Indeed, although the number of executions is very low in that region, 13 of its countries remain retentionist: Antigua and Barbuda, Bahamas, Barbados, Belize, Cuba, Dominica, Guatemala, Guyana, Jamaica, St. Kitts & Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago[1]. Moreover, most of these States have consistently voted against the UN resolutions calling for a moratorium on the use of the death penalty. These resolutions call on retentionist countries to establish a moratorium on the use of the death penalty as a first step towards its abolition. Meanwhile, these resolutions call on these countries to restrict the number of offences which the death penalty punishes. As for the States that have abolished the death penalty, they are asked not to reintroduce it. World Day Against the Death Penalty is an initiative of the World Coalition Against the Death Penalty, an alliance of more than 145 NGOs, bar associations, local authorities and unions. Created in Rome on 13 May 2002, its aim is to strengthen the international dimension of the fight against the death penalty, its ultimate objective being to obtain the universal abolition of capital punishment. To this end, the Coalition supports national and regional abolitionist forces and is active in lobbying States and international organisations. Besides, it organises international campaigns, such as the World Day Against the Death Penalty. (source: UNPOUnrepresented Nations and Peoples Organization) *** Resumption in executions is a shameful political manoeuvre Politicians need to stop presenting the death penalty as a quick-fix to reduce high crime rates and instead address problems in the criminal justice system, Amnesty International said. "Politicians need to stop playing to the gallery and show leadership on public security. There is simply no convincing evidence that the death penalty acts as a special deterrent. Instead they need to focus on effective solutions to address crime," said Audrey Gaughran, Director of Global Issues at Amnesty International. To mark World Day Against the Death Penalty, a new briefing by Amnesty International "Not Making Us Safer" highlights the lack of evidence to support the claim that the death penalty reduces serious crime. A minority of countries have resumed or are planning to resume executions, often as a knee-jerk reaction to high or rising crime rates or to especially heinous murders. The past year has seen a resumption of executions in Gambia, India, Indonesia, Kuwait, Nigeria, Pakistan, and, most recently, Viet Nam. Despite this, countries that execute remain a small minority - 140 countries have abolish
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postings to this listserve will resume on Sunday, Oct. 13 Oct. 10 CANADA: Silence From Conservatives on World Day Against the Death Penalty Within days of my appointment as Justice spokesperson for the Liberal Party of Canada, the Conservative attack and propaganda machine launched a fundraising letter "welcoming" me to my new position and kindly providing me with a subsidiary title: "Trudeau's chief soft on crime spokesman." For the record: I am not soft on crime. However, agreeing with the so called Conservative crime agenda would arguably make me "dumb on crime." I will gladly concede the latter to my opponents as I value facts, evidence and truth. Then again, being accused of being soft on crime by a government with multiple ongoing investigations by the RCMP and Elections Canada for various ethics violations, is a bit rich. Since 2006, the Conservatives have launched a wholesale attack on Canada's Criminal Code. Compliant backbench MPs submit private members' bills claiming to "fight this or that" or "combatting such and such," or suggesting they are "standing up for so and so." It is the illusion of doing something when they are in fact doing little -- raising money is the real goal. These Conservative bills rarely tackle major issues and sometimes duplicate already existing criminal offences. One wonders though, if any Conservative backbench MP will propose a bill calling for mandatory minimums for election fraud. The Conservative Party of Canada is less concerned about actually "tackling crime" or "fighting for victims" than they are about using slogans as marketing techniques to raise money. And while today we mark World Day Against The Death Penalty -- it will be greeted with silence from official Conservative Ottawa. There will be no fundraising letter on this issue. Although most countries in the world have moved away from this form of state-sanctioned punishment, hope lingers among some Conservatives in Canada that one day the death penalty will return. After all, the current Justice Minister once supported the death penalty -- saying "the option should be there." It is not clear how he feels about the matter today. I am against the death penalty. I believe there is an inherent value to the human being. This extends even to those whose actions against others are repulsive and result in pain and suffering for victims and their families. That is why the justice system must be firm, tough and consistent when it comes to violent criminals. Moreover, we know the justice system is not perfect. We have far too many examples of people who have been wrongly convicted, only to be found innocent later. The death penalty is final; there is no appeal when you are dead -- despite the discovery later, perhaps, of new evidence. Today, I join with millions of people across the globe as we mark World Day Against The Death Penalty. The taking of one's life, as a remedy for the criminal behaviour of another, is not justified or permissible in Canada, nor should it be. This position may very well result in more accusations of being "soft" on crime, but in those moments I am simply obliged, as they say, to consider the source. (source: Sean Casey QC, MP, is the Liberal Member of Parliament for Charlottetown, and Liberal Party of Canada spokesperson for Justice Issues; Huffington Post) GAZA: Gaza protesters demand death penalty as anti-NGOs meet Death penalty supporters protested in the Gaza Strip on Wednesday outside a conference calling for its abolition, days after Hamas hanged a convicted murderer. Relatives of murder victims held aloft pictures of their loved ones, demanding the execution of imprisoned suspects, while human rights groups in the coastal territory marked World Day against the Death Penalty. "The death penalty is Islamic law - implement it against all criminals," one banner read. On October 2, Hamas hanged Hani Abu Aliyan, a 28-year-old who had been convicted for murder. "The death penalty is fair, it's a balanced outcome," said Shayma Tilbani, 17, whose brother was killed at his home in an attempted burglary in August. "The NGOs want to stop the criminals getting executed, but even life in prison is not the right punishment. We want a punishment based on the Quran," she told AFP. Mohammed Shurab, spokesman for Gaza's "Families of the Victims" movement, urged "the government in Gaza led by (prime minister) Ismail Haniya to continue carrying out the death sentence against those who are killing our sons." But speakers at the conference said the death penalty went against both international humanitarian law and the principles of Islam. "Islam doesn't allow the death penalty or the killing of anyone," said Suleiman Awda, a lecturer in Islamic law at Gaza's Al-Azhar University. "It is a religion of forgiveness." UN human rights delegate Pradeep Wagle expressed concern over Hamas' use of capi
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Oct. 10 ALBANIA: Albania among signatories for abolition of death penalty In the international day against death penalty, the foreign ministers from 42 countries, have issued a joint statement, in which they ask the removal of death penalty in any circumstance. In the joint declaration, signed also by the Albanian foreign minister, they stress the fact that justice that kills is not justice and that the death penalty is an intolerable violation of human dignity. There are 50 countries in the world that still allow death penalty and 2 years ago, the number was a hundred, reports "Albeu". /albeu.com/ (source: Albeu.com) NIGERIA: NHRC, others seek substitute for death penalty The National Human Rights Commission (NHRC) and some Civil Society Organisations (CSOs) Thursday in Abuja urged the Federal Government to reconsider its position on death penalty for capital offences. NHRC and the CSOs made the call at an event held to mark this year's World Day Against Death Penalty jointly organised by the NHRC, Lawyers Without Borders - Avocats Sans Frontieres (ASF). Speakers at the event questioned the rationality for sustaining the death sentence in the nation's statute book in the face of a defective justice administration system and poor investigation by the police. They prayed the government to sustain the existing moratorium on death penalty if it was yet to device an alternative means of punishing people convicted for capital offences. The Executive Secretary, NHRC, Prof. Bem Angwe, contended that since the nation's constitution guaranteed the right to life, the pronouncement of death penalty on offenders should be placed under review. Angwe, who was represented by an officer of his commission, Murphy Okwa, suggested a review of the law on death penalty on a case-to-case basis. "That is, in the case of an armed robbery that does not result in death, the state should consider the use of other sentencing in place of death penalty. This is given the fact that the criminal justice system has flaws, which need to be amended," he said. Head of Office, ASF, Angela Uwandu, faulted the practice of sentencing people to death for offences committed as minors. She said her organisation has sued the Nigerian government at the Economic Community of West African States (ECOWAS) court in relation to the case of a nursing mother, Maimuna Abdulmumini, sentenced to death by a High Court in Katsina State for the offence of murder she committed while she was 13 years. Uwandu, who observed that Maimuna was currently imprisoned with her baby, noted that 69 of such babies, incarcerated with their mothers, are currently in the nation's prisons. She urged the Federal Government to initiate measures to improve on the living condition of people on death row in the nation's prisons. Uwandu regretted the negative impact of "death penalty regime on children of people on death row and those executed. Leonard Dibia of Access to Justice argued that it was unjust to sentence people to death for offences of less socio-economic implication where "corporate thieves, who siphon pension funds in billions" are given option of fine. (source: The Guardian) IRAN: Death Penalty in Iran : A State Terror Policy Special Update for 11th World Day Against the Death Penalty The change of administration in the Islamic Republic of Iran (IRI) and taking of office by a new president on 3 August 2013 has not brought any change as far as the death penalty is concerned. Between the 14 June presidential election and 1st October, more than 200 people have been reportedly executed, including possibly 3 people who may have been younger than 18 at the time of the commission of the alleged crimes. Against this backdrop, FIDH and its member organisation, LDDHI, have decided to publish the present report to analyse the new penal laws in force in Iran that are invoked consistently to violate the right to life in general and to execute child offenders. Coinciding with 10 October 2013, World Day against the Death Penalty, this report aims to serve as an update on the current state of application of the death penalty in the IRI. (source: FIDH) CARIBBEAN: Human-rights group calls on Caribbean to abolish death penalty The Inter-American Commission on Human Rights (IACHR) yesterday urged Caribbean countries that still have the death penalty to abolish it, or at least to impose a moratorium on its application. In a message marking International Day against the Death Penalty, the IACHR said regional instruments for protection of human rights do not prohibit per se the imposition of the death penalty, but they establish specific restrictions and prohibitions regarding its application. (source: Jamaica Gleaner) EUROPEAN UNION: Lethal ExportsEU Riled by US Death Penalty Drug Controversy The possibility that a common anesthesia drug may soon be used in the Unite
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Oct. 13 SOUTH AFRICA: Malema wants death penalty Economic Freedom Fighters leader, Julius Malema, says that his party will hold a referendum on the death penalty when they win elections next year. Malema was speaking ahead of the official launch of the EFF at Marikana on Sunday. "When we win the elections next year, we will hold a referendum on the death penalty and, if the people want it back, so be it," the political firebrand as quoted as saying in a City Press report. "And we will not be apologetic about hanging or castrating men who rape the elderlies and children (sic). "Though crime is largely caused by unemployment, poverty and inequality, rape is caused by uncontrollable libido," he said. (source: iafrica.com) INDIA: It's time to define 'rarest of rare' The death penalty can only be the exception, not the rule in murder cases - this is what the Supreme Court has ruled when it commuted the death sentence given to an accused in a triple murder case to life imprisonment. The degree of brutality of a murder alone cannot be the criteria for the quantum of sentencing, according to the apex court. This is the principle that led the court to rule that former Delhi Youth Congress president Sushil Sharma did not deserve the death penalty but life imprisonment in the Naina Sahni murder case. It happened so long ago that the only reason people will remember it is for the sheer brutality of the murder. In 1995, Congress worker Naina Sahni was shot by her husband Sushil Sharma in a fit of jealousy. The really gruesome part is that he then cut up her body and attempted to burn the pieces in a restaurant tandoor where the smouldering body was spotted by an alert policeman. Today, 18 years later, the Supreme Court, contending that Sharma's jealousy had led him to murder Sahni - reports referred to her suspected affair with a fellow Congressman Matloob Karim - concluded that his actions didn't deserve the death penalty. While the debate on the death penalty, the pros and cons, is a separate one, this case makes observers wonder what sort of case it is exactly that deserves the 'rarest of rare' label. More worryingly, it also starkly exposes the patriarchal bias that affects judgments. While India and its mass media have changed enormously since the infamous tandoor murder case - a whole generation separates Naina Sahni and the December 16 gang rape victim - and though there seems to be some change in the tone of the coverage and in the relatively swift justice that was delivered in the latter case, some biases, it seems, persist. A woman's mores, her relationships, and the question of whether she's 'respectable' are still central to the discussion - witness the remarks made by AP Singh the defence lawyer in the December 16 gang rape case who said he'd burn his daughter if she was out on the street late at night like the December 16 gang rape victim had been. In the ghastly Priyadarshini Mattoo case, Santosh Kumar Singh was convicted of raping the victim and breaking every bone in her body but his behaviour was still not considered savage enough to label the case "rarest of rare". Suffice to say though that unless the judiciary accepts that elements within it are not above sexist biases, its propensity to view women not as individuals but as possessions who need to conform to the rules laid down by a patriarchal society, who 'ask for it' if they happen to transgress social norms - as perhaps happened in the case of Naina Sahni ??? will ensure that criminals will continue to get away with murder. (source: Editorial, Hindustan Times) * There is class bias in awarding death penalty Last winter, two men were hanged to death in India's jails, indicted for crimes of terror. On August 8, another man, Maganlal Barela - a little-known tribal cultivator, charged with killing his 5 little daughters - was scheduled to hang in the Jabalpur Central Jail. Human rights lawyers chanced to read of his hanging in an online news item the evening before his execution was fixed, and rushed to meet Supreme Court Chief Justice P Sathasivam. The chief justice agreed to hear them that evening and concurred that even after the president rejects the mercy petition of a death row convict, there is one more legal remedy: to challenge this rejection in the Supreme Court. Barela was too poor to afford a lawyer in the higher courts but for the team of committed human rights lawyers - Yug Chaudhary, Siddhartha and Colin Gonsalves - and the stay granted by Justice Sathasivam, he would have been sent to the gallows. There are many reasons I oppose his death penalty. The gravity of his crime is not one of them, nor the merits of the judgment holding him guilty. My consideration is the class bias of capital punishment. It can hardly be a coincidence that the majority of the 414 people who faced the gallows in India as of the e
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Oct. 14 IRELAND: 2 garda killers who were originally sentenced to death have been quietly freed from jail. Colm O'Shea, of Sunday's Well, Cork; and Patrick McCann, of Dungarvan, Co Waterford, were sentenced to death by hanging in November 1980. They were both convicted of the capital murder of former Mayo county footballer, Det Garda John Morley and Garda Henry Byrne, on July 7, 1980, at Aghaderry, Loughglynn, Co Roscommon. The death sentence was later commuted to 40 years' imprisonment and the republicans were expected to serve the full term behind bars. But last July, the Republic's Supreme Court ruled that a prisoner serving 40 years for capital murder was entitled to the normal remission on his sentence if he met the conditions applied to other inmates. As a result, the prison authorities found that both O'Shea and McCann had already served the required 30-year term in jail and they were released shortly afterwards -- but details of their release have not become public until now. The case in the Supreme Court was brought by another convicted garda killer, Noel Callan, who was 1 of 2 men convicted of the capital murder of Sgt Patrick Morrissey at Tallanstown, Co Louth, in June 1985. Callan and his co-accused Michael McHugh, who fired the fatal shot, have been in jail since June 1985 -- more than 28 years. They were the last 2 men to be sentenced to death in Ireland. The death sentence was commuted 6 months later to 40 years' penal servitude by then President Patrick Hillery. When Callan challenged the refusal to consider him for an earlier release for good behaviour, the State argued that he was not serving a sentence and was not entitled to remission as he was serving a "commutation". But this and other claims by the State were rejected by the 5-judge court as a "nonsense"; and as a "model prisoner", Callan was entitled to be considered for remission. Callan, from Castleblayney, Co Monaghan; and McHugh, from Crossmaglen, south Armagh, are now expected to be released before the end of 2015. The murder of Sgt Morrissey, who earlier this year was posthumously awarded the "freedom" of Drogheda for his sacrifice on behalf of the community, shocked the nation and also led to calls to arm the garda force. The unarmed garda was shot dead by McHugh as he lay helpless on the ground after being earlier shot in the leg. He had pursued the 2 raiders to Tallanstown after they had held up the labour exchange in Ardee and made off with 25,000 pounds. All 4 capital murderers served their sentences in the republican wing at the top security Portlaoise jail. Det Gda Morley (37) and Garda Byrne (29) were shot dead while investigating an armed raid on the Bank of Ireland branch at Ballaghaderreen, Co Roscommon. The 2 gardai were shot in their patrol car when they tried to block the escape route of the raiders after they had taken 35,000 pounds from the bank. The July ruling by the Supreme Court granting remission to capital murderers led the general secretary of the Garda Representative Association, P J Stone, to criticise the State. He told the Irish Independent: "Yet again, the State has failed to properly protect the gardai and others who risk their lives in the line of duty." (source: Belfast Telegraph) IRAN: Hand grenade thrown at prison to prevent prisoner execution As the Iranian regime's authorities in the central prison in the city of Ilam were preparing to hang a prisoner on Monday a grenade was thrown at the prison gate to prevent the execution, State-run Fars News Agency reported. According to the report the State Security Forces arrested those involved in the attack. Since a few month ago members of families of prisoners on death row have occasionally gathered outside prisons to protest executions. Family members threw a hand grenade inside an Iranian prison, leaving 28 people injured, in an abortive attempt to prevent an execution, state media reported today. "During the carrying out of a death sentence, family members of a convict launched a grenade attack in Ilam central prison which led to the injuries," the state-run IRNA news agency quoted the western province's police chief, Colonel Ali Dolati, as saying. Dolati said that prison staff were among the injured. He said that security personnel overpowered and arrested the assailants before they could detonate a 2nd hand grenade. IRNA reported that the hanging of the prisoner then went ahead. (source: NCR-Iran) INDIA: Transparency eludes mercy petitions Dear Editor, Union government should make file-notings on decided mercy-petitions public by putting these on website soon after these are decided. Mercy-petitions are undoubtedly subject-matter of lives of those convicted with death-sentence. Making file-notings on mercy-petitions public will tend to check wrong decisions especially in case of rejection of mercy-petitions. However names
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Oct. 14 IRAN: 537 executed in Iran within year A report on executions in Iran has been made public, APA reports quoting Iran Press News. From October 11, 2012 to October 10, 2013 at least 537 people were hanged in various cities across Iran. This figure represents a 9% increase in the number of hangings over the same period last year. 213 people (40%) were executed in secret. FIFA responded to the execution in a soccer stadium by sending a protest letter to the Iranian Football Federation. The most number of executions were carried out in Alborz province. Due to the three major prisons in this province (Ghezel Hesar, Rejaei Shahr and Karaj penitentiary) it had the high statistics of executions. The provinces carrying the most number of executions are: Alborz with 93 hangings, Tehran with 42 hangings and Fars and West Azarbaijan with 38 hangings each. With 47 hangings, Rejaei Shahr prison holds the highest number of executions statistic, followed by Oromieh with 40 hangings and Ghezel Hesar with 37 hangings. Fars province carried the highest number of public executions in various cities in the province. 23 people were hanged publicly in this province during this period. 62% of the executions during this period were convictions on drug charges, 13% were for murder charges and 11% were for rape. The execution at age 18 in Ahwaz Karoon prison of a juvenile offender who was charged with committing murder at age 14, is the most controversial case in this regard. Also, another juvenile offender named Farhad, who had committed murder at age 17, received the death sentence by Branch 74 of the Criminal Court. At the time of this report, and on the International Day Against the Death Penalty, the Supreme Court upheld the death sentence of Bahaedin Ghasemzadeh who had committed murder at age 16. During this period, the Judiciary has sentenced to death 106 people in various cities on charges other than drug charges. 488 people were executed in Iran from October 11, 2011 to October 10, 2012. This figure is 9% lower than the current figure. Minimum 24, maximum 88 people are expected to be executed in November 2013 and minimum 13, maximum 47 people in December. (source: News.Az) 1 Prisoner Executed in a Prison Western Iran- The Prison was Attacked By Hand Grenades in an Attempt to Save the Prisoner Hands grenades were thrown inside the main entrance of Ilam Prison (western Iran) as some people tried to save a prisoner from being executed, reported the Iranian state media. According to the state run news agency Fars 1 prisoner was hanged early this morning in the prison of Ilam. The prisoner was identified as "A. F." and was convicted f murder, said the official reports. According to this report hand grenades were thrown inside the main entrance of the prison as some people tried to save the prisoner from being executed. 27 people, among them some security guards were injured as a result of the hand grenade attack. 3 people were arrested suspected of taking part in the attack. (source: Iran Human Rights) LEBANON: Human rights committee chief rejects death penalty Head of the Parliament's Human Rights Committee Michel Moussa called Sunday for rethinking the viability of capital punishment. Moussa made the comments in a statement marking World Day against the Death Penalty. "We should think through several questions, the answers to which might lead us to reassess the death penalty," he said. "Despite the fact that our society sees a lot of individual and group crimes, there are several questions that need to be addressed: First, does any party have the right to take the life of another, separate from the party who granted that life in the first place? Can the authorities find no other means to punish criminals without resorting to the death penalty?" he asked. (source: The Daily Star) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Oct. 15 SINGAPORE: Death and the city: the death penalty in Singapore East of the island between a commercial airport and a military air base lies a government facility that shares the same name. It was in its former life, a Japanese Prisoner Of War (POW) camp. Now it is where drug mules and murderers are hanged. In the small city-state of Singapore, Changi Prison is synonymous with the death penalty. October 10th was the World Day against the Death Penalty. Singapore is 1 of 40 countries that still practices corporal and capital punishment. It had until recently the highest number of executions per inhabitant in the world. It is estimated that since 1990, more than 420 death row inmates have been executed. Most are sentenced on drug related offences, although firearm offences and murder also warrants the death penalty. In the summer of 2011, the Singaporean government undertook a general review of its death penalty laws. During the review all death penalty cases were deferred. In 2012, Minister Teo Chee Hean outlined the government's review. He reaffirmed Singapore's commitment to the death penalty as a legitimate tool of deterrence against the crimes to which it has traditionally applied. However, where certain strict conditions are met, some drug related offences and homicide cases, whilst still carry the death penalty, sentencing will be at the discretion of the courts. Citing society's changing norms and expectations, more sentencing power should be vested in the courts. Drug trafficking will not carry the mandatory death penalty if the trafficker has only played the role of courier, and has "not [...] been involved in any other activity related to the supply or distribution of drugs." Secondly, the courier must, as well as be only a courier, either cooperate completely with the Central Narcotics Bureau, or have a mental disability. Therefore, the Ministry of Home Affairs "propose[s] to change the law such that when these conditions are met, the courts will have the discretion either to sentence the trafficker to death, or alternatively to pass a sentence of life imprisonment with caning." In December 2012, the proposed changes to the law were passed through the Singaporean Parliament. During the review, as mentioned, all death penalty cases were deferred. In January 2013, the Singapore Prison Service released its annual statistical data. It provides the number of capital executions since 2010. According to its data, no executions took place in 2010, 4 took place in 2011, and none again in 2012. In 2013, there have been no reported executions in the Republic of Singapore. The Attorney-General's Chamber said at the time of the government review there were "at least 32 people on death row." A recent case that attracted the attention of the Singaporean media was that of Abdul Haleem and Muhummad Ridzuan. In 2010, the two drug couriers were caught with 72.5 grams of heroin, almost 5 times over the amount that carries the mandatory death sentence (15g). Both were given the death penalty. However, in April 2013, Abdul Haleem was given the 1st certification from the Attorney-General's Chambers which notified his substantial assistance in disrupting drug trafficking cases. He was instead sentenced to life imprisonment and 24 lashes of the cane. His accomplice's death penalty charge was upheld. Recent cases from 2013 include Li Yongxian, who killed a co-worker, and Rebecca Loh, who dropped her son from their HDB flat, killing him. They both face the death penalty if convicted. Although declared fit for court, Rebecca Loh is thought to suffer from mental illnesses, and bloggers lament the lack of support she received from the community and government. One case that has gained international recognition is that of Yong Vui Kong. Amnesty International has long asked for his withdrawal from death row. From a poor family in Sabah, Malaysia, the vulnerable Kong fell into the wrong hands when he moved to Kuala Lumpur in search of riches. He acted several times as a mule, carrying heroin into Singapore, allegedly not knowing the penalty for doing so. He was caught in 2007 aged just 19. He was promptly sentenced to death. Although many appeals were rejected, Yong Vui Kong was granted stays of execution. It is 4 years since his original execution date. This is in large part due to the work of Singaporean human rights lawyer Madasamy Ravi. With the government review, he is eligible to apply change his death penalty to life imprisonment. It has been claimed there are more people on death row than in the corrections administration. The Singapore Prison Service is subdivided into seven divisions, one of which is the Psychological and Corrections Rehabilitation Division. It is headed by Timothy Leo and Karam Singh. It does not have its own website, nor does it provide data as to the precise number under of inmates it is treating. Accordi
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Oct. 15 LEBANON: Lebanon charges 7 more over Tripoli bombings 7 more people have been charged over deadly bomb attacks in the Lebanese city of Tripoli in which a Syrian security official is also reportedly implicated, a judicial source said Tuesday. The double bombing killed 45 people on August 23 in the majority Sunni town, which has regularly seen clashes between Sunni supporters of the Syrian uprising and Alawite backers of the Damascus government. 3 of those newly charged are in detention and the other 4 are at large, the source also told AFP. The latest charges bring to 11 the number of people accused of involvement in the attacks which targeted Sunni mosques in the northern port city. Local media said some of those charged were Alawites, members of the same offshoot of Shia Islam as Syrian President Bashar al-Assad. One of the new suspects, Youssef Diab, 19, is from Tripoli's Alawite district of Jabal Mohsen and was arrested in the area last week. 2 Lebanese and 2 Syrians were already charged on August 30, while a 3rd Lebanese citizen was released with charges dropped. The 2 Syrians, who are not believed to be in Lebanon, have been accused of having placed 2 car bombs and face the death penalty. According to Lebanese media, one of the Syrians, Captain Mohammed Ali, is a security official based in Tartus, a Syrian city on the Mediterranean close to Tripoli. In August last year, security forces arrested former Lebanese information minister Michel Samaha, who is considered close to Damascus. He is accused of planning attacks in Lebanon along with Syrian security chief General Ali Mamluk and faces the death penalty if convicted. (soure: Global Post) INDONESIA: Jealous man kills little son, injures wife, other children in Beluran Convinced that his wife was having an affair, a man killed his 2-week-old son and attacked his wife and their 3 other children at their squatter home in Ladang NPC, near here, on Monday. It was learnt that the man had stabbed his wife's head with scissors before using an iron pipe to hit his children repeatedly. The baby succumbed to injuries at the scene. The suspect's wife, identified as Rossi Baco, 35, and their 2-year-old daughter Leny, suffered serious injuries in the incident. Their 2 other children, Juliana, 7, and Juliady, 4, suffered facial and head injuries, but were reported to be in stable condition. Initial investigation revealed that an argument broke between the couple at around 10pm after the husband accused his wife, who was still under confinement, of having an affair with another man. The argument heated up prompting the suspect to take a knife and start stabbing his wife in the head, before taking an iron bar used as a handle to hook oil palm fruits and turning his anger towards the children. Beluran District Police Chief DSP Sivanathan Velautham said police rushed to the scene after receiving a call at around 12.30am. He said they manage to arrest the suspect inside the house at around 3,30am and seized a machete from him. "The wife and the 3rd child were rushed to Duchess of Kent Hospital in Sandakan for treatment. They were reported to be unconscious and in critical condition. "As for the other children, they are currently warded at the Beluran District Hopsital for treatment," he said. Sivanathan said initial investigation revealed that jealousy was the motive behind the attack. He added that the case will be investigated under Section 302 of the Penal Code, which carries a mandatory death penalty, if found guilty. (source: The Borneo Post) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Oct. 16 GHANA: HRAC urges government to abolish death sentence The Human Rights Advocacy Centre (HRAC), a non-governmental organisation, has urged the government to fulfill its commitment by abolishing death sentence from the 1992 constitution. A statement by HRAC and copied to the Ghana News Agency said the government’s White Paper on the 2012 Constitutional Review Commission's report accepted the recommendation of the Commission that the death penalty in Article 13 of the Constitution be completely abolished and replaced with imprisonment for life. "HRAC therefore urges the Government of Ghana to hold firm to its commitment enshrined in the 2012 White Paper, as the sanctity of life is a value so much engrained in the Ghanaian social psyche that it cannot be gambled away with judicial uncertainties", it said. The statement said, even though it is commendable that government had not conducted any execution since 1993, the 166 prisoners currently on death roll are going through a psychological trauma. It said Ghana is signatory to the Universal Declaration of Human Rights, African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights and they all protect the right to life and freedom from cruel, inhuman or degrading torture. It said death sentence is cruel, irrevocable and has never been conclusively shown to deter crimes any more than the sentence of life imprisonment The statement said death penalty has already been abolished in about 140 countries, including South Africa, Togo and Benin and it is important that Ghana emulates them. (source: Ghana News Agency) SOUTH AFRICA: The death penalty is more anti-black than Malema realises The recent utterances by EFF leader Julius Malema that should the EFF become the ruling party he will hold a referendum for people to decide whether they want the death penalty reinstated, are reckless. They indicate to me that he has no appreciation for the historical constructs of this country and has not bothered to engage in a thorough study on capital punishment at a global level. The death penalty is outlawed in more than 111 countries, and with good reason. Last night I raised this issue on my Facebook status update. All the people who agree with Malema's statements argue that the death penalty is necessary in our country because it would decrease the soaring crime levels. This is in fact a false argument that is not evidenced by reality. The death penalty does not guarantee a decrease in crime. For example, the 2 states in the US with the most executions in 2003, Texas (24) and Oklahoma (14), saw increases in their murder rates from 2002 to 2003. Both states had murder rates above the national average in 2003: Texas (6.4) and Oklahoma (5.9). The top 13 states in terms of murder rates in the US were all death-penalty states. The murder rate of the death-penalty states increased from 2002, while the rate in non-death penalty states decreased. Furthermore, racial disparities in capital sentencing are a historical reality. Consider the statistics in the US: between 1930 and 1967 (at which point executions stopped, pending a decade-long Supreme Court overhaul of the death penalty), 54% of the 3 859 people put to death under civilian authority were black. This was not only out of proportion with the black share of the total population but also out of proportion with the percentage of serious crimes committed by blacks. Of the 455 men executed for rape between 1930 and 1967, 90% were black. In SA, the statistics would not differ fundamentally. A look at the 2007/2008 report conducted by the SA Institute of Race Relations, which studied the demographics of prisoners in SA, contained shocking figures, including that 80% of the prison population is black and only 4% is white. The report indicates that whites have the lowest rate of conviction. Malema must study the relationship between crime, education and employment to understand why his statements are anti-black. The high level of unemployment and poverty among black people is not an accident of history. It is a product of a system that was designed to keep black people in chains. This was expressed through vehicles such as Bantu education and the creation of Bantustans. Townships and informal settlements are also a creation of the apartheid system. Couple this with the fact that 80% of the economy is in the hands of a white minority and what you have is blacks living in communities where unemployment, poverty, disease, violence, alcohol and drug abuse rates are high. The product of this reality is a high level of crime in the townships where blacks live and also, in affluent (white-dominated neighbourhoods) where blacks commit criminal activities. Malema is correct when he argues that crimes such as theft are largely born from structural inequalities. Where he is wrong is when he argues
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October 16 IRAN: Iran must halt execution of prisoner who 'survived hanging' Iran must stop the execution of man who was found alive at a morgue a day after being hanged, Amnesty International urged today after authorities said the prisoner would be hanged for a 2nd time once his condition improves. The 37-year-old, identified as "Alireza M", was hanged in Bojnourd prison in north-east Iran last week after being convicted of drug offences. According to official state media, a doctor declared him dead after the 12 minute-hanging, but when the prisoner's family went to collect his body the following day he was found to still be breathing. He is currently in hospital, but a judge reportedly said he would be executed again "once medical staff confirm his health condition is good enough". "The horrific prospect of this man facing a 2nd hanging, after having gone through the whole ordeal already once, merely underlines the cruelty and inhumanity of the death penalty," said Philip Luther, Director of Amnesty International's Middle East and North Africa Programme. "The Iranian authorities must immediately halt Alireza M's execution and issue a moratorium on all others." Alireza M is now reported to be in a "satisfactory" condition in hospital, and a family member reportedly said the prisoner's 2 daughters were "the happiest of all" that he was alive. He had reportedly been sentenced to death for drug trafficking by the Revolutionary Court, which tries drug offenders in Iran in proceedings that often do not meet international standards of fair trial. So far in 2013, the Iranian authorities are believed to have executed a total of at least 508 people, including 221 executions that have not been officially confirmed. The majority of those executed were convicted of drug offences. "It is natural that the Iranian authorities must combat the serious social, security and economic problems relating to drug trafficking and drug abuse but the reliance on the death penalty to combat drug trafficking is misguided and in violation of international law," said Philip Luther. "People want to be protected from crime, but the death penalty does not make societies safer." Even the Secretary General of the Iranian Judiciary's High Council for Human Rights, Mohammad Javad Larijani, expressed doubts in 2011 that the death penalty reduces crimes related to drug trafficking. "Carrying out a 2nd execution on a man who somehow managed to survive 12 minutes of hanging - who was certified as dead and whose body was about to be turned over to his family - is simply ghastly. It betrays a basic lack of humanity that sadly underpins much of Iran's justice system," said Philip Luther. Amnesty opposes the death penalty in all circumstances. (source: Amnesty International UK) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Oct. 17 INDONESIA: Beluran attack: Woman, daughter in critical condition The 35-year-old woman who was attacked along with her children by her jealous husband at their squatter home near Ladang NPC in Beluran on Monday was still in a critical condition. Rossi Baco and her 2-year-old daughter, Lenny, are receiving treatment at the Duchess of Kent Hospital here. Her 2 other children, Juliana, 7, and Juliady, 4, who suffered facial and head injuries, are in the Beluran Hospital. The couple's 2-week-old son died in the attack. Beluran district police chief DSP Sivanathan Velautham said that initial investigations showed that the 34-year-old suspect attacked his family out of jealousy. The suspect found out that his wife was having an affair with another man before he stabbed her head with a pair of scissors and beat his children with an iron bar that is used to lance oil palm fruit brunches. Sivanathan said that the case was still under investigation under Section 302 of the Penal Code, which carries the mandatory death penalty upon conviction. (source: The Borneo Post) * Police name new suspect in Holy murder Detectives from the Jakarta Police have named a new suspect in the murder of 37-year-old Holy Angela Hayu Winarti, not Holly Angela Wahyu as previously mentioned. The suspect, Gatot Supartiono, Holy's common-law husband, was charged with masterminding the murder. "Gatot is currently being held at the Jakarta Police detention center for further questioning," said Jakarta Police general crime director Sr. Comr. Slamet Riyanto on Wednesday night, tempo.co. reported. If found guilty Gatot faces the death penalty for his role. Gatot, an auditor at the Supreme Audit Agency (BPK), was named a suspect after being grilled in 12 hours of questioning. Gatot's role was revealed in the testimony of one of the alleged killers, Surya Hakim, who used to be Gatot's driver. Surya admitted that he had been paid Rp 250 million (US$22,400) to commit the murder. According to preliminary questioning Slamet said Gatot had tired of Holy who was asking too much of him, from a new apartment to demanding that Gatot divorce his 1st wife. Meanwhile BPK chief Hadi Purnomo said Gatot had been dismissed from his position as auditor. He said the dismissal was meant to help Gatot focus on dealing with the investigation. Holly was murdered in her apartment in Kalibata 2 weeks ago. One of Holy's alleged murderers, Eli Riski Yudhistira was found dead after jumping from the apartment's 9th floor, he appeared to have panicked as Holy's relatives attempted to break down the door while he was still inside the apartment. (source: The Jakarta Post) LIBERIA: Supreme Court Shuns Death Penalty Supreme Court Justices refused to address the question of death penalty sanction raised by visiting European Union officials during a frank and "open dialogue" designed to allow EU explore the possibilities of working with the Liberian judiciary. The justices remarked that they took oath to defend and uphold the Constitution and laws of Liberia and can do nothing about the death sentence until the law is changed, which power to legislate is granted the Legislature rather than the Judiciary. The European Union Delegation comprising ambassadors of various member states of the Union was paying a courtesy visit to Supreme Court of Liberia as part of its ongoing dialogue with key stakeholders of the Liberian Government. The delegation headed by Ambassador Attilio PACIFICI, said that the purpose of its visit to the Supreme Court was to have a frank and "open dialogue" with the Judiciary on a number of concerns, including the values of the EU, and to understand the challenges of the System in order to communicate with, and convey to their respective governments the needs of the Liberian Judiciary with the aim of informing their principals on how support can be channelled to enhance the capacity of the Judiciary to address current realities of the System. Key amongst the concerns raised by the EU Delegation were judiciary and the fight against corruption; the Constitutional Review Process; and the Death Penalty sanction of the Liberian law. A statement from the Supreme Court said at the onset of the deliberations, Chief Justice Francis S. Korkpor, Sr. welcomed the members of the delegation on behalf of the Supreme Court of Liberia and expressed gratitude to them for the familiarization meeting. The Chief Justice and Associate Justices said that they were gravely concerned about corruption allegations, and were taking steps to minimize the plague where ever identified in the system, listing the recent suspension of three judges and a lawyer, and the disbarment of a counsellor-at-law, whose actions were found wanting, after investigation. The justices, however, expressed regrets that those making constant allegations of corruption were "unwilli
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Oct. 17 JAPAN: Denial of retrial for 87-year-old man on death row is 'travesty of justice' A decision by a court in Japan to deny a retrial to an 87-year-old man on death row is a "travesty of justice", Amnesty International said today. Okunishi Masaru - who has spent more than 40 years facing execution and is one of the oldest death row prisoners in the world - had his 7th request for a retrial turned down by Japan's Supreme Court's yesterday. The mciiddecision means he is likely to die in prison despite doubts over the soundness of his conviction. The octogenarian has been on death row since 1969, after being convicted of the murders of five women. He "confessed" to the crime after being interrogated by police for many hours over 5 days and with no lawyer present. However, during his trial he retracted his "confession" and was acquitted due to lack of evidence. A higher court later reversed this verdict and sentenced him to death. His latest retrial request was denied partly because the Supreme Court ruled that his initial "confession" still stood, even though he retracted it. Okunishi's lawyers are planning to submit an 8th request for a retrial, but that process can take several years. For more than 4 decades, Masaru has lived in constant fear that each day could be his last. Death row inmates in Japan are only informed hours ahead of their execution, which takes place in secret. Like most prisoners facing execution, he has mainly been held in solitary confinement. Amnesty International Asia-Pacific Director Catherine Baber said: "It is a travesty of justice that Okunishi Masaru was again denied the retrial his case unquestionably merits. "The flawed interrogation process in his case, including lack of legal representation which resulted in a forced confession, demands that there should be a retrial. This is all the more urgent in light of his precarious health. "Okunishi is not the only death row inmate convicted primarily on the basis of forced confessions. The Japanese authorities must urgently review these cases to ensure that time does not run out for them to see justice." There are currently more than 130 death row prisoners in Japan, one of the highest levels in over half a century. There has been an alarming escalation in the use of the death penalty under Japan's current Liberal Democratic government. 6 people have been executed since Prime Minister Shinzo Abe's took office in December 2012. Longest-serving death row prisoner One of the most pressing death penalty cases in Japan is that of Hakamada Iwao, who has been on death row since 1968, even longer than Okunishi Masaru. Now aged 77, he is believed to be the longest-serving death row inmate anywhere in the world. He suffers from mental illness as a result of the decades he has spent in isolation. Following an unfair trial, Hakamada was convicted of the murder of his boss, his boss's wife and their 2 children. He "confessed" after 20 days of interrogation by police, though retracted the confession during the trial and told the court that police had beaten and threatened him. 1 of the 3 judges who convicted Hakamada has publicly stated he believes him to be innocent. According to Hakamada's lawyers, recent forensic tests results show no match between Hakamada's DNA and samples taken from clothing the prosecution alleges was worn by the murderer. "Hakamada is another prisoner who should be granted a retrial," said Catherine Baber. "We also urge the Japanese authorities to improve conditions for all other death row inmates, including an end to solitary confinement." Reliance on dubious confessions The Japanese justice system relies heavily on confessions often obtained through torture or other ill-treatment. There are no clear limits on the length of interrogations, and lawyers are not permitted to attend. Amnesty has documented the routine use of beatings, intimidation, sleep deprivation and forcing detainees to stand or sit in a fixed position for long periods during interrogations. Amnesty opposes the death penalty in all cases without exception regardless of the nature or circumstances of the crime. The organisation has called on the Japanese government to introduce a moratorium on executions as a first step towards abolition of the death penalty. (source: Amnesty International UK) BAHAMAS: Court Hears The Arguments Over Death Penalty For 3 Murderers The question of whether 3 men convicted of a policeman's murder had been served notice of the prosecution's intent to seek the death penalty took up most of what was expected to be a sentencing exercise in Supreme Court yesterday. In proceedings before Justice Roy Jones, defence counsel for Stephen "Die" Stubbs, Andrew "Yogi" Davis and Clinton "Russ" Evans argued that the death penalty was out of the question as the Crown failed to give notice of its intent to seek this sentence on the date
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Oct. 18 PAKISTAN: Pakistan Christians Facing Death Penalty; Detentions come amid concerns over attacks against Churches and other Christian sites in heavily Islamic Pakistan. 3 Pakistani Christians are facing a possible death sentence on what a lawyer says are "trumped up charges" of "blasphemy" against Islam, while other Christians are reportedly forced to become Muslims. Among those detained is Asif Pervaiz who was arrested in the city of Lahore on October 2 after allegedly sending mobile phone text messages with "abusive language against Muslims, Islam, Prophet Mohammed and the Koran," said lawyer Sardar Mushtaq Gill, who is involved in the case. "The defendant claims his 'sim' card", which operates the phone, was taken and misused by some colleagues who had some disputes with him." Prosecutors reportedly said they have strong evidence against the Christian. Yet, "I believe his innocence can be proven if the investigation is fair by just checking the location from where the sim card was used," added Gill, who is also director of advocacy group Legal Evangelical Association Development (LEAD). CHRISTIANS IDENTIFIED 2 other Christians, identified as Pastor Adnan and Mushtaq Masih, the owner of the New Diamond Glass Shop in Lahore, were also behind bars Wednesday, October 17, for allegedly writing "derogatory remarks" about Islam. "The remarks were allegedly written between texts in a book about Islam in the shop. But I believe we can prove the defendants were not responsible for those making these filthy remarks." Security forces are also searching for the pastor's brother, Arfan Masih, and briefly detained a man with a similar name, Gill told BosNewsLife. "They raided the house of Arfan Amin. We could help him to be freed after proving he wasn't the person they were searching for," the lawyer explained. He said in all cases the Christians are falsely charged with violating the most sensitive articles of Pakistan's controversial blasphemy legislation, "which can mean they faith death bu hanging." Additionally, devoted Christians have been targeted by Muslim militants, Gill explained. GUNMEN THREATEN "Days back we received some heart breaking information that there is one group who forced Christians to accept Islam at gun point." No more details were immediately available but the gunmen were reportedly detained. Gill said LEAD had urged prayers for persecuted Christians in Pakistan, amid mounting concern about rising extremism in this heavily Islamic nation. Earlier this week, a Pakistani Christian family said it was hiding after allegedly receiving death threats for protesting against twin suicide attacks at a historic church in the violence-plagued city of Peshawar, in which their friends were killed. In total at least 171 people died and some 150 people were believed to have been injured in the September blasts at Peshawar's All Saints Church. (source: BosNewsLife, the 1st truly independent news agency covering persecuted Christians, is 'Breaking the News for Compassionate Professionals' since 2004). INDONESIA: 3 locals lose appeal against death penalty 3 local men lost in their appeal against the death penalty for killing a 7-Eleven convenience store sale assistant in Penampang when the Federal Court here upheld their sentence yesterday. Tan Sri Md Raus Sharif, who sat together with Tan Sri Seri Zulkefli Ahmad, Tan Sri Richard Malanjum, Tan Sri Abdull Hamid Embong and Dato' Jeffrey Tan Kok Wha unanimously affirmed the death sentence imposed on Duis Akim, 41, Vincent Gisup, 41, and Hendry Motutud, 35, by the Court of Appeal on January 11, 2012. In their reserved judgement, the judges held that the defence had failed to cast doubt on the prosecution's case. Further in dismissing the appeal, they were satisfied that the PW1 (prosecution witness 1) had positively identified the appellants who entered the store of the shop. They ruled that as to the defence alibi raised by Duis and Vincent it could not revive against the positive identification by PW1 and therefore their defence of alibi collapsed. They also said that Hendry did not serve any notice of alibi and his defence became bare denial. The judges held that the defence???s alibi could not be accepted as the truth without considering other factors, the issue as to the positive question of the time did not necessary mean the appellants were not at the vicinity of the shop. They then said there were evidence to show conflicting of time as to what time Duis and Vincent reached home and such conflicting of time could not stand on the following reasons, among others; DW1 (defence witness 1) opened the door of their house, there was no indication that she has to be at the door, the appellants did not know who was at the door but saw the television was still on, DW2 had selected memories and she could not remember the time but agreed her bed time
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Oct. 18 PALESTINE: 18 Palestinians Charged with Terrorist Plot State Commissioner to the Military Court Judge Saqr Saqr charged on Friday 18 Palestinians, only one of them in custody, for planning terrorist activities, the state-run National News Agency reported. NNA said that among those who received the charges were Wissam Ahmed Naim, who was recently arrested for forging identification documents for suspected terrorists, and Toufiq Tah from the Islamist al-Nusra Front. The charges include the formation of an armed gang for the purpose of carrying out terrorist activities. If convicted, the suspects face the death penalty, said the agency. The General Security Department announced on Monday that Naim was arrested for forging IDs, in addition to designing and manufacturing electronic devices used in bomb timers. It accused him of firing rockets, taking part in activities that violate the state's internal and external security, and engaging in sectarian incitement. Al-Akhbar newspaper was the 1st to report about his arrest last week. It said Naim has close ties with Tah, who according to al-Akhbar is al-Qaida's number 1 man in the Palestinian refugee camp of Ain el-Hilweh. (source: Naharnet) INDIA: On the verge of unconscionable hangings; After correctly acknowledging the possibility of reformation as a ground to commute the death sentence, the Supreme Court must now consider the case of 22 individuals awaiting execution in the same vein 3 judges of the Supreme Court, including the Chief Justice of India, have come to the conclusion that Sushil Sharma does not deserve the death penalty for murdering his wife, Naina Sahni, and trying to dispose of her body by burning it in a tandoor. It is no secret that India's death penalty jurisprudence, at all levels of the judiciary, is in a shambles and the reasoning adopted in Sushil Sharma's judgment raises very serious concerns about the justice that has been meted out to 22 individuals on the verge of execution after their mercy petitions were rejected by the President (4 of them by Pratibha Patil and 18 by Pranab Mukherjee). While a 5-judge Constitution Bench of the Supreme Court is scheduled to hear the pleas of 18 of the 22 individuals only on the issue of delay caused by the State in deciding their mercy petition, the issue that I want to explore in the context of the Sushil Sharma case is the manner in which they were sentenced to death. In terms of the law, not all murders, terrorist acts, rapes and murders, acts of treason, etc attract the death penalty. The "rarest of the rare" doctrine was introduced in Bachan Singh to lend some coherence to instances in which the death penalty might be justified by balancing aggravating and mitigating circumstances. However, the "rarest of the rare" doctrine has evolved into one of the most misunderstood and misapplied doctrines not just in public discourse but even in judicial pronouncements from courts at all levels. The "rarest of the rare" doctrine is often misunderstood as referring only to the heinousness of the crime. The focus is equally meant to be on the mitigating circumstances of the person including whether it has been decidedly shown that she is beyond reformation. Reasons for commutation The Court seems to have placed significant weight on the point that the State had not led any evidence to show that Sushil Sharma was beyond reformation. These are very important moves by the Court as it is a clear attempt to move away from multiple judgments in the past where the focus was only on the brutal nature of the crime. This is an important step in the inevitable course correction that the Supreme Court will have to undertake on the manner in which it examines aggravating and mitigating circumstances in death penalty cases. By taking the position that the State, while demanding the death penalty, should demonstrate that the individual will revert to such crimes, the Court has brought the focus back on the mitigating circumstances and the appropriate burden on the State. It is this aspect of reformation that was articulated in Bachan Singh that has been ignored most often and the obligation is most certainly on the State to show the impossibility of reformation. It is of course not the position in Bachan Singh that any one factor can trump all others and Courts are meant to balance aggravating and mitigating circumstances. Reformation is an issue that is relevant to all prisoners who appear before the Court irrespective of the nature of the crime, age, sex and social background. If judges want to balance away the interests of reformation in favour of other factors, Courts must be left free to do so. However, there must be an obligation and culture of justification as far as reformation of the death row convict is concerned. As judges seal the fate of the convict, the least they must do is explain the evidence presented
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Oct. 19 GLOBAL: Secularist seeks clarity on sharia law In the early days of the 7th century, laws and punishments were harsher than they are today. Crucifixion, burning at the stake, flogging, dismemberment, and other forms of torture were accepted practice in many parts of the world. Sometimes, these punishments were ordered by kings' courts, by slave owners, by religious courts - in fact, by group or individual who had the power to exercise control over others. It was in this period of history that the prophet Muhammad was establishing the Muslim religion. In order to guide adherents in the correct path, sharia law was established and came into use in Muslim religion. For Muslims, correct morality is based upon the commandments of Allah. Today, Muslims still look to sharia law as the correct path to follow. Some Muslims adhere more closely to the harsher version, or the ninth-century Hanbali interpretation, of the original codes. The Hanafi version of sharia law is more liberal and incorporates, or at least allows, more gentle interpretations consistent with morality practiced in modern, developed countries. In its harshest form, sharia law applies to many aspects of one's personal life and can include punishments such as stoning to death for adultery, or for leaving the Muslim faith. The death penalty also includes non-traditional interpretations of the Qur'an. Other severe punishments consist of amputation of hands or feet, imprisonment or flogging. While these punishments seem horrible to many of us, they were consistent with the punishments by both Muslims and non-Muslims of the early 7th century. It is generally the case that the strictest forms of sharia law continue to apply in countries where Muslim populations are predominant. These include Afghanistan, Pakistan, Iraq, Syria and to a lesser extent, Saudi Arabia, although there are exceptions to this general rule. Strict dress codes for women frequently apply in Muslim countries, although often these dress codes are a matter of cultural expectation rather than requirements set out in sharia law. Sharia law seems foreign to my own understanding of the manner in which many citizens in the Western world presently think about fair and just laws. As a secular thinker, sharia law codes seem harsh. Strict religious dogma seems to be out of touch with mercy, kindness, love and compassion that one hopes to find in modern religious thought. While I hold a secular point of view, I have friends from many religions, including Muslims, with whom I have courteous and respectful conversations. I know from personal experience how frustrating it can be to have people from other religions criticizing my secular humanistic beliefs when I don't feel they really understand how or what I think. I regret hearing from critics who believe that secular humanists cannot be moral or ethical. I know how it feels to be characterized as someone who, by virtue of my beliefs, is thought incapable of comprehending or caring about ethical concerns. So I offer a sincere invitation from those who understand sharia law to help me understand where I am mistaken in my concepts. I admit to having limited knowledge of how sharia law can fit into modern democratic thinking. I welcome comments and corrections when they are offered in a respectful manner. I am not asking here for long quotations from the Qu'ran. Rather, I look for explanations in simple everyday language. How can sharia law fit well with the patterns of everyday living in the Western world's modernized democratic concepts? Much of Western values that are important to Western world thought are as follows: Freedom of speech. Equality for women and men in work and in matters of law. Free and fair democratic elections. Equality of education for both females and males. Freedom of choice in religion. Marriage and divorce laws protecting the interests of both women and men. Freedom of information required to vote in an informed manner. Fair and just treatment in courts of law regardless of one's religious preferences. These are the ideas I value in the Western world. Should I feel threatened by sharia law? (source: Goldwin Emerson is a London professor emeritus of education with an interest in philosophy---Commentary, LFPress.com) JAPAN: Rejection of death row inmate's retrial plea signals time to reform system The Supreme Court's dismissal of a petition filed by an elderly death row inmate for a retrial over a 1961 murder case in Mie Prefecture highlights the need to reform Japan's retrial system. Masaru Okunishi, 87, who was sentenced to death for lacing wine served at a social gathering at a community center in Nabari, Mie Prefecture, with an agricultural chemical, killing five women who drank the wine and sickening 12 others, has maintained he is innocent. The point of contention during hearings of Okunishi's petition was
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Oct. 20 JAPAN: The Supreme Court's recent ruling showed once again that the hurdles are still high for winning a retrial. The top court rejected a special appeal filed by death row inmate Masaru Okunishi in connection with his 7th plea for a retrial over a fatal wine poisoning case in Nabari, Mie Prefecture. The decision upheld a ruling by the Nagoya High Court last year that overturned a 2005 lower court decision to start a retrial, thereby closing the case on Okunishi's special appeal for a retrial. The crime, in which 5 women died after drinking poisoned wine and 12 other people were sickened, occurred in 1961 at a community hall in Nabari. Okunishi was arrested on suspicion of lacing the wine with a toxic substance. He was found not guilty in an initial district court ruling but was later convicted and sentenced to death by the Nagoya High Court. The conviction and death penalty were upheld by the Supreme Court in 1972. Under the Criminal Procedure Code, clear evidence capable of overturning a conviction is required for starting a retrial. The latest court decision, it may be said, applied this rule strictly. In his 7th plea for a retrial, the top court sent back the Nagoya High Court's decision overturning the lower court ruling and called for scientific examinations to be conducted under the same conditions that existed immediately after the incident took place. Was the toxic substance used in the crime really a pesticide, as Okunishi confessed? When ruling on the case sent back from the top court, the high court concluded "there is nothing to contradict the assertion that the substance was a pesticide as confessed" by him. The top court's endorsement of the high court's judgment, which was based on fresh investigations, must be taken seriously. Preserve evidence adequately In recent retrials, including cases such as the 1990 Ashikaga child murder and the 1997 killing of a female employee of Tokyo Electric Power Co., scientific evidence such as that obtained via DNA tests has tended to be given significant weight. The high court's decision is believed to have been in line with this trend. Nevertheless, the new examinations in the wine poisoning were not conducted under exactly the same conditions as those at the time of the murder because detailed records of examination methods were not kept regarding material evidence such as the wine. The investigative authorities must adequately preserve evidence so it can meet the requirements of later scientific examinations. This is a lesson learned from the 7th bid for a retrial. It took more than 11 years from the filing of the 7th appeal for a retrial. We must say this was too long. According to the top court, convicts facing capital punishment or life sentences have won acquittal in all postwar retrials. When pleas for retrials were filed, courts spent a great deal of time examining new evidence to judge whether to go ahead with a retrial. Some in the legal profession assert that if new evidence is presented, it is better to start a retrial first and assess the evidence later in court hearings. This idea is worth considering. However, others say an increase in retrials could undermine confidence in convictions. Whether to lower the hurdles for receiving a retrial is a huge challenge facing the judiciary. (source: Yomiuri Shimbun) AUSTRALIA: Death penalty at odds with value we place on life Earlier this year, Amnesty International renewed its call for an end to capital punishment. While Australia no longer has the death penalty, it is worth reminding ourselves why our state does not kill its own citizens, however vicious they might be. Take a recent case in the UK. 2 inmates from a maximum security prison were convicted of murdering another inmate. Gary Smith and Lee Newell, both incarcerated for murder, killed child murderer Subhan Anwar. This was not a rage killing but an argument that turned physical. Armed with "shanks", the killers calmly followed Anwar into his cell, locked the door and blocked the peephole. They then tied up their victim's legs, and strangled him with his own tracksuit bottoms. Why was Anwar killed? During Smith and Newell's trial, the victim's own crimes were noted: he had murdered his partner's 2-year-old child, and there was a "code" among many prisoners. Perpetrators of crimes against children are often victims of abuse in jail. This makes a certain primal sense as the details of Anwar's crime prompt horror and fury. All the child's limbs were fractured and she died after "fatty deposits from her broken thigh bones entered her bloodstream". Having read this, I must be frank: execution has a certain visceral appeal. But when asked why they killed Anwar, one of the killers told guards: "I'm bored, it was something to do." This might have been bluff and bluster - the facade of blase hardness. But Newell was consistently
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Oct. 21 MALAYSIA: Iranian chemist held in RM17.9mil syabu bust Federal police have detained an Iranian chemist allegedly working for an international drug trafficking syndicate when they seized syabu worth about RM17.9 million from a drug-processing laboratory at a store in Klang last week. The syabu, which was in liquid form, was meant for both local and international markets. Another Iranian and 2 locals were also arrested to facilitate investigations into the drug seizure and activities at the store located in Kampung Padang Jawa. All the suspects, aged between 23 and 34, were picked up in separate raids in Kampung Padang Jawa and Petaling Jaya last Friday. They will be investigated under 39B of the Dangerous Drugs Act 1952 which carries the mandatory death penalty upon conviction. Bukit Aman CID director (Narcotics) Datuk Noor Rashid Ibrahim said a team of policemen raided the store in Kampung Padang Jawa about 8.30pm, following information that it was used as a venue for a drug-processing laboratory. "In the raid, the police detained three people, including the suspected Iranian chemist and 2 locals, and seized 89.32kg in liquid syabu, drug-making paraphernalia and an assortment of chemicals," he told a press conference here today. About 4 hours later, he said the police nabbed another man suspected to have links with the drug syndicate, in Petaling Jaya following a chase from Jalan Syed Putra over the man's refusal to heed the police order to stop his car. "Earlier, the man had tried to ram the police team with his car, forcing the policemen to fire twice at his vehicle's tyres before arrested the suspect," said Noor Rashid. The narcotics director said that based on initial investigations, an international drug-trafficking syndicate masterminded by an Iranian, was in league with its local counterpart. "We believe the Iranian chemist under detention is well-versed with processing drugs," he added. On the Iranian drug connection, Noor Rashid noted that this was the 1st time that the foreigners had used a remote area to process drugs, deviating from the norm of using condominium units for drug-processing. "This new tactic is to prevent detection of their activities," he said, adding that the seized syabu was meant for local and international distribution. (source: Bernama) INDONESIA: Calls to End the Death Penalty Continue As far as legal issues go, few are as contentious as the death penalty. The United Nations announced that the drive to end this form of punishment continues to pick up steam and by the end of last year, 140 countries had abolished it officially or on a de facto basis according to human rights group Amnesty International. But much still needs to be done, as 58 countries, including Indonesia, still apply judicial execution. "The death penalty doesn't deter crime, and it's liable to claim the lives of innocent people," Italian ambassador to Indonesia Federico Failla said during a discussion at the Italian Cultural Institute in Jakarta last week. "Besides, any measure that is carried out with an element of vengeance shouldn't be in the legal code," he added. The talk was part of the World Coalition Against the Death Penalty's campaign on the issue. The movement of 145 non-government organizations held its 11th World Day Against the Death Penalty on Oct. 10. Italy has a special place in the history of campaigns against state executions. On "Cities for Life Day," coming up on Nov. 30, cities around the world celebrate the first recorded successful campaign for the abolition of the death penalty. Over 2 centuries ago, the then state of Tuscany made a series of modern "rationalist" criminal law reforms, including doing away with executions, on Nov. 30, 1786. Italy was again at the forefront of reforms, Failla said, when the modern state became the first country to place a moratorium on death sentences after World War II. Failla's fellow envoy, European Union Ambassador Olaf Skoog, reinforced the importance of reform. "The abolition of the death penalty is integral to human rights and is therefore a global issue, as it has to do with the right to live. The European Union will also maintain its stance against the death penalty by urging countries that legalize it, like Indonesia, to restrict its use," he said. "But Indonesia is making progress by abstaining on a recent European Union resolution against the death penalty instead of voting against it. The increasing debate on the issue in Indonesia itself is also an encouraging sign." Director of local human rights group Imparsial, Poengky Indarti, says Indonesia still has a long way to go. "Indonesia's use of the death penalty is a holdover from Dutch colonial law, although the Netherlands itself abolished it in 1983. Currently there are 133 prisoners on death row, more than 1/2 of whom were found guilty of narcotics-related crime
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Oct. 21 IRAN: Iranian convict who survived hanging in coma: media A convicted Iranian drug trafficker who survived a botched hanging has fallen into a coma, the IRNA news agency reported today. "His level of consciousness is around 6 % and the possibility of brain death will increase if the situation does not improve," IRNA quoted what it called an informed source as saying. "The doctors cannot perform any surgery or other treatment while he is in a coma," said the source. The prisoner, identified only as Alireza M, 37, was pronounced dead earlier this month by the attending doctor after hanging for 12 minutes from a noose suspended from a crane at a jail in northeastern Iran. But the next day, staff at the mortuary in the city of Bojnourd where his shrouded body was taken discovered he was still breathing. The incident led to a heated debate between jurists, with some saying he should be hanged again and others arguing he had faced his punishment and should be spared. Some jurists and attorneys even signed and sent a petition to judiciary chief Ayatollah Sadeq Larijani, appealing for a stay in the exceptional case. 2 Grand Ayatollahs published a fawta, or religious decree, saying the convict should not be hanged again. Amnesty International called for an immediate stay of execution Alireza M and for all other death row prisoners in Iran, which carried out more executions last year than any other country except China. The London-based human rights watchdog said 508 people have already been executed in the country so far this year. Tehran says the death penalty is essential to maintain law and order, and that it is applied only after exhaustive judicial proceedings. Murder, rape, armed robbery, drug trafficking and adultery are among the crimes punishable by death in Iran. (source: Business-Standard) INDIA: Indian head teacher 'deliberately' poisoned school meals, killing 23 children; Police in India charge teacher with deliberately poisoned school meals, leading to deaths of 23 children The head of a Indian primary school could face the death penalty after police charged her and her husband with the murder of 23 young children who died after eating a free lunch contaminated with pesticides. Police in Saran, Bihar, said today they had charged the couple with murder, attempted murder and conspiracy after completing a thorough investigation into the deaths. The mass poisoning caused an outcry in India in July over what was suspected to be mismanagement in the popular Midday Meal Scheme which offers free lunches to poor children to encourage their families to send them to school. The scheme has been tainted by a number of corruption allegations and outbreaks of sickness. But the head teacher of the small school in Bihar, one of India's poorest states, went on the run soon after children started to become sick and was later accused of poisoning the children to damage the reputation of the state government. A cook at the school said the principal, Meena Devi, had ordered her to continue serving the meal after some children had complained of a strange taste. Officials said has she tasted it herself, as she was required to do under the scheme's rules, many of the children may have been saved. (source: The Telegraph) * A Rope for Rape? JURIST Guest Columnist Ashish Goel, an LL.M. candidate at King's College London, discusses a recent death penalty conviction and how to improve India's current system... The death penalty debate in India largely centers on the same old but rephrased arguments based on deterrence and reformation. People rarely questioned the power of the Indian state to take lives. In this piece, I argue that the laws on capital punishment in India are so vague that they cannot be judiciously implemented. After the brutal gang rape, attempted murder and eventual death of a 23 year-old medical student in India's capital in December 2012, the collective public opinion was that any justice falling short of the death penalty was no justice at all. The Additional Sessions Judge Yogesh Khanna, who pronounced death for all the accused, had perhaps, succumbed to this public opinion. While the Delhi High Court begins to hear the death penalty reference against the 4 convicts on a daily basis, the family of the rape victim, who earlier stated that they had no "room for mercy" for the accused, felt relieved by Khanna's sentencing. The capital punishment sentence caused celebration worldwide, but there are a minority with reservations about the death penalty and its deterrent effects on sexual offences, particularly rape. For example, some women rights activists feared that the death penalty would encourage the offender to murder the victim to destroy the evidence against him. Others argue that the death penalty, which deviates from the core issues of police reforms and improper
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Oct. 22 BRUNEI: The Sultanate of Brunei to introduce Sharia-based rules; Sultan Hassanal Bolkiah's policy of 'Islamisation' continues. Within 6 months, rules such as stoning for adultery and amputation for thieves will come into force. The new Penal Code will apply only to Muslims, but residents fear greater repression. Death by stoning for adultery, amputation for thieves, flogging for other crimes such as abortion and alcohol consumption are just some examples of the progressive Islamisation of Brunei, a sultanate located in Southeast Asia. Over the next 6 months, a new Sharia-based Penal Code will come into force. Sultan Hassanal Bolkiah (pictured), one of the richest men in the world, made the official announcement this morning, reflecting a more conservative shift in the kingdom. "By the grace of Allah, with the coming into effect of this legislation, our duty to Allah is therefore being fulfilled," the sultan, 67, said in a speech. For centuries, the sultan's family has ruled over this small but oil-rich kingdom of 400,000 people. In power since 1967 when he was 21, the sultan in 1996 called for the introduction of Islamic law and punishments. Compared to other countries in the region such as Indonesia and Malaysia, a more conservative and fundamentalist form of Islam is already dominant in Brunei. The sale and consumption of alcohol are prohibited in public and the authorities carefully monitor the activities of other religions. The new Sharia-based Penal Code would apply only to Muslims, but it is unclear whether it would be applied with extreme rigor or more tolerance. The country has a dual legal system with civil courts based on English law and Shariatic courts enforcing family and inheritance laws. Brunei is 70 % Muslim and ethnically Malay; 15 per cent is made up of non-Muslims of Chinese origin, followed by indigenous peoples and other minority groups. Despite reassurances that judges would have wide discretion in applying the code, a substantial part of the population is afraid that Sharia will be enforced in a rigid and inflexible way. Yet, this has not been enough to hold back the sultan's 'Islamisation' push for the country. (source: Asia News) *** Brunei Sharia: Sultan Hassanal Bolkiah Orders Flogging and Stoning to Death for Adulterers; Oil-rich Borneo state adopts sharia criminal code including corporal punishments for thieves and drinkers of alcohol The tiny oil-rich state of Brunei is to implement a strict interpretation of sharia law, including stoning, flogging and amputation for those found guilty of breaching it. Sultan Hassanal Bolkiah, the southeast Asian country's absolute ruler who is one of the richest men in the world, announced the introduction of a sharia penal code for his subjects. "By the grace of Allah, with the coming into effect of this legislation, our duty to Allah is being fulfilled," the 67-year-old sultan, who has a personal fortune of $20bn, said. Under the code, convicted adulterers face death by stoning, thieves will have a limb chopped off, and flogging awaits those who drink alcohol or commit other kinds of "violations" including abortion. The code will be phased in, with the 1st part coming into force in 6 months. Brunei, a country of 400,000 people that is roughly the size of Devon, is on the island of Borneo in the South China Sea. The population already practises a conservative brand of Islam. About 70% of Brunei's population are Muslim. Some15% are non-Muslim ethnic Chinese and 10% are Christian. Alongside neighbouring Malaysia, the former British protectorate has a dual-track legal system for non-criminal cases: civil cases are settled by civil courts according to British law, while family issues are dealt with by Islamic courts. Bolkiah, who was crowned in 1968, has been increasingly driving the nation towards Islamic orthodoxy. Recently, authorities introduced Islamic religious studies as a compulsory subject in schools for all students. Christian charity Open Doors ranks Brunei 27th in its World Watch List of countries which it said persecute Christians. Brunei sits on huge gas and oil deposits and its inhabitants enjoy one of Asia's highest standards of living. The government provides free health care and education and also helps Muslims without means to make the Hajj to Mecca. Oil has also fuelled the sultan's legendary lavish lifestyle. He is known to have a personal collection of at least 2,500 luxury cars including hundreds of Rolls Royce and Ferraris. He has married 3 times and divorced twice and lives in a palace of 1,800 rooms and 290 bathrooms a few kilometres south of the capital, Bandar Seri Begawan. He once famously had his polo shoes delivered by helicopter to the palace field while he was playing polo with Prince Charles. (source: International Business Times) TAIWAN: Mentally ill man taken off death row D
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Oct. 22 NIGERIA: Day Death Penalty Debate Returned to the Fore As human rights groups on October 10 marked the International Day against Death Penalty, the argument for the abolition of the punitive measure was re-echoed by abolitionists. Contentious as the issue is among the proponents and opponents, the Avocats Sans Frontieres France (ASFF) also known as Lawyers Without Borders, one of the proponents, believes death penalty has little or no impact on crime reduction in the society. They are therefore urging the government to re-instate an official moratorium on the execution of prisoners on death row. The National Human Rights Commission (NHRC), the Nigeria Bar Association (NBA), Access to Justice, Legal Development and Advancement Programme (LEDAP) and the Civil Society Legislative Advocacy Centre (CISLAC) who participated in the commemoration, said right to life is a universal right. But those canvassing for retention of the death penalty insist the measure is legal, having been provided in section 33(1) of the 1999 constitution. They insist it serves as deterrence to crimes. They also say the penalty is in line with the African culture. The Edo State government on June 24 executed 4 death row inmates. The persons hanged were convicted for armed robbery and murder. Many states are said to be gearing to sign execution warrants for convicts sentenced to death. The rights groups agreed that capital punishment is dehumanising and mostly applied disproportionally. They also argue that it might lead to miscarriage of justice. They further said the elite have not been caught in the capital punishment radar. "The death penalty is targeted against the poor. The closest we have come is that of Hamza Al-Mustapha and Reverend King. This is why we want the moratorium put in place," Kunle Ogunbiyi, senior legal manager ASFF said. Speaking on the topic: 'Stop Crimes Not Lives,' ASFF's head of office Angela Uwandu drew attention to female nursing mothers on death row across the country. She referred to the case of Maimuna Abdulmumini, a death row nursing mother in a Katsina prison. In his address, the executive secretary of the NHRC Professor Bem Angwe advocated for the abolition of the death penalty. He said the pronouncement of death penalty on offenders should be reviewed on case by case basis. "That is, in the case of an armed robbery that does not result in death, the state should consider the use of other sentencing in place of death penalty." As the debate on the use of capital punishment rages, the real issue remains whether the measure is important on crime rate in the society. Perhaps a demonstrable research on this may go a long way in influencing legal policies in this direction. (source: All Africa News) BANGLADESH: 3 fugitive convicts held Hathazari police yesterday arrested 3 fugitives who are facing death penalty for murdering 3 siblings in Charia village under Hathazari upazila in Chittagong in 2003. The convicts are Md Lokman, 30, Mobarak Hossain, 32, and Md Osman, 45, all hailing from Charia village. On a tip-off, police conducted drives in separate areas of the upazila and in Chittagong city and caught the 3, said Sub-Inspector of Hathazari Police Station Sentu Mia. A Chittagong court on December 18, 2004 sentenced 5 people, including the trio, to death and 8 others to life term imprisonment in connection with the triple-murder case. The trio were in custody but had received bail before the verdict was announced. After their bail expired, they became fugitives, said Sentu Mia, adding that the other 2 facing death penalty are still on the run. Sentu Mia said t3 brothers - Abul Bashar, Abul Kashem and Badshah Alam - were killed at a tea stall in daylight on May 26, 2003 by the miscreants over land dispute. (source: The Daily Star) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Oct. 22 BELARUS: Supreme Court overturns death verdict The Criminal Division of the Supreme Court considered today an appeal filed by Aliaksandr Hrunou earlier sentenced to death by a verdict of the Homel Regional Court. Today, the case was sent back for revision. Aliaksandr Hrunou was sentenced to death on charges of violating Par. 6.2, Art. 139 of the Criminal Code of the Republic of Belarus. The 25-year-old man was found guilty of the murder of his friend Natallia Yemialianchykava. At the trial, he explained that some time before the meeting she had insulted him in the company of his friends and did not apologize for that. This was reportedly the cause of his aggression. As a result, he stabbed the victim 102 times. On October 18, at a session at the Supreme Court defense counsel Siarhei Krasnou said besides the death penalty that the criminal law of Belarus provides for other kinds of punishment, including imprisonment for a term of 8 to 25 years or life imprisonment. The counsel, referring to the rules of international law and the related national legislation, cited a number of violations totally ignored by the court of 1st instance. In particular, the lawyer told of the violation of the presumption of innocence against his client (Article 26 of the Constitution and Par. 2, Article 14 of the ICCPR), the violation of the principle of equal protection and adversarial proceedings (Article 22 of the Constitution and Art. 24 of the Code for Criminal Procedures), stressing a number of contradictions related to the psychological and psychiatric examination of the defendant. In addition, the Siarhei Krasnou mentioned another aspect that occurred immediately after the verdict, which, according to him, was ignored by everyone, "When the verdict of the Judicial Board of the Homel Regional Court had not yet entered into force, Hrunou was already held in solitary confinement on death row in the detention center of Homel, where he was forced to wear clothing with the inscription "CP" (capital punishment) on the back, that is, "the death penalty", so he experienced such a treatment as if the outcome of the case and his fate had been already decided..." (source: Charter 97) BAHAMAS: Death Sentence An Option In Kofhe Goodman Case A death sentence, life imprisonment, and a 15-year prison term were the punishments Justice Bernard Turner was asked by counsel to consider yesterday in the sentencing of Kofhe Goodman for the murder of Marco Archer. However, Justice Turner said he would require time to consider the submissions, case authorities and other material produced and will inform the legal parties on October 28 if he required more time or would pass sentence on Goodman on that date. Goodman, who turned 39 yesterday and is on remand at Her Majesty???s Prison, stood trial between April 17 and August 2 in connection with the murder of Marco Archer. He was found guilty despite pleading not guilty to the murder charge he faced. Between September 23 and September 28, 2011, Goodman killed 11-year-old Marco Archer, of Brougham Street. Goodman's sentencing was adjourned on two occasions with both being dubbed "a political show trial" and "disgraceful state of affairs" by Goodman's attorney, Geoffrey Farquharson concerning the delay in readiness of probation and psychiatric reports. What the law says Yesterday, Garvin Gaskin, Deputy Director of Public Prosecutions called on Camita Mackey, a probation officer from Department of Rehabilitative Services, who verified that she was the officer who conducted the probation report concerning the convict. Mr Farquharson, however, submitted that the report was no use to the court because the date of birth listed on the report was not the same for his client, meaning that they were not the same person. Mackey said that the entry was a typographical error but pointed to Goodman in the prisoner???s dock as the man she prepared a probation report for. "We have descended to depths of dock identification from a probation officer?" Farquharson asked the judge, who responded that he should continue his questioning if he had any. Mr Farquharson asked why his client's probation report contained statements from the family of Marco Archer who were seeking his client's death. Mackey responded that prior to her tenure at the department, including a victim impact in a probation report was an ongoing practice that still continues. However, when asked if there was anything in legislation that authorised such, she said no. Mr Farquharson said the actions of the officer was "blatant evidence of corruption" and "nonsense" and requested that her superior be questioned on why the family was contacted to be a part of the report. Mr Gaskin said that the "only nonsense is coming from him", adding that it was for the judge to determine if there was any value to the victim impact statement when determining
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Oct. 23 INDIA: Murder in Thiruvananthapuram: man gets death penalty The Principal District and Sessions Court in Thiruvananthapuram on Tuesday awarded the death penalty to Sherif, 40, after he was found guilty of the murder of his long-time friend and business partner Salim. Sherif had invited Salim, the victim, to a house he had rented in a remote locality in Chirayankeezhu on July 9, 2011 and bludgeoned him to death after drugging him. Sherif sneakily sedated Salim by serving him beer laced with sleeping pills. Sherif smashed Salim's skull after the drugged beer rendered him unconscious. He then methodically dismembered the body in the toilet and packed the parts in 16 airtight bags he had procured for the purpose from the Gulf earlier. Later, he buried the bags in a pit dug behind the house under the pretext of constructing a new septic tank. Sherif's partner, Zanobar, was sentenced to life imprisonment after being found guilty of plotting the crime. The 3 had operated a thriving moneylending racket among low-paid migrant workers living in labour camps in Saudi Arabia since 2000. The duo had killed Salim to deny him his share, chiefly accumulated profits amounting to crores of rupees, in the solely trust-based and largely unaccounted business. Delivering the sentence, Judge B. Sudheendra Kumar described the crime as diabolic. It fell into the rarest of rare categories and its prime perpetrator deserved capital punishment, he said. He ordered Zanobar to pay the victim's wife a compensation of Rs.10 lakh or serve an additional 4 years of rigorous imprisonment. The accused seemed visibly upset on hearing the verdict. They had sought the court's mercy on the ground that they were the sole breadwinners for their respective families and had aged parents to care for. Special prosecutor V.S. Vineet Kumar argued against any clemency for the accused. The court commended Assistant Commissioner of Police K.E. Baiju and sub-inspector C. Mohanan for their 'skilled and meticulous investigation,' which resulted in the speedy detection and conviction of the accused. Salim's family and friends, who had thronged the courtroom, became emotional on hearing the sentence. (source: The Hindu) IRAQ: Mass executions in Iraq; GICJ appeals to the UN High Commissioner for Human Rights in view of record executions in Iraq On 8th and 9th October 2013 a new wave of executions was carried out in Iraq, during which 42 people were executed within only 2 days. This brings the number of people executed until October 2013 to a terrifying total of 140, with no end in sight. The executions were slammed in strongest terms by the United Nations Human Rights office, who called on the Iraqi Government to immediately halt all executions, saying the country's justice system was too flawed to allow any use of capital punishment and urging for an immediate death penalty moratorium in Iraq. With regard to the latest wave of executions GICJ sent an urgent appeal to the United Nations High commissioner for Human rights, Navi Pillay, in which it provided background information on the utmost deficiency of the Iraqi criminal justice system and warned that recent executions would only be the peak of the Iceberg in view of future plans by the Iraqi government to accelerate and even simplify the process of other death sentences. The new wave of executions from October 2013 only proves that the Iraqi government is determined to stay true to its words. The Iraqi government is never short to officially justify executions on the pretext of combating terrorism. Such official justifications are grounded in the politicised article 4 of the Anti-Terrorism No. 13, which was passed by the unelected Iraqi National Assembly in 2005. The definitions of crimes and perpetrators however lack in clarity and are susceptible to interpretations that are based on subjective politicised legal justifications. Many of the acts for which the death penalty can be imposed further don't fit into the definition of most serious crimes. A modern witch hunt without any quality of proof Because its broad application scope the anti-terrorism law is frequently seen as a tool for legally pursuing political opponents. It leads to a modern witch hunt and without any quality of proof. Not for no reason the Iraqi Parliament's speaker Osama al-Nujaifi thus called the article "a sword held to the necks of Iraqis". This point is aggravated by the fact that article 5 of the Anti-Terrorism Law pardons anyone who provides information that contributes to the arrest of the criminals or prevents the execution of the operation before a crime is discovered or during its planning. Even if the claim that those being executed are terrorists is commonly used, the real issue at hand is that everyone, regardless of what they are thought to be, has the right to due process and fair trial. Until 2013 the Iraqi crimin
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Oct. 23
INDONESIA:
Murder: Filipino loses appeal against death sentence
A Filipino's appeal against the death penalty for murdering a man at a
squatters' quarters in Vicland Balaban palm oil estate, Beluran, was yesterday
dismissed by the High Court here.
The 39-year-old accused, Hasyim Rahman, who worked as a labourer in an estate,
was found guilty of murdering one Baharuddin Amir by hacking the back of the
victim's neck with a parang on September 25, 2011 at around 9pm.
The case, under Section 302 of the Penal Code for murder, which provides for
the mandatory death penalty, was first mentioned in September last year.
During the trial, 9 prosecution witnesses and 1 defence witness testified in
Court before Judge Datuk Douglas Cristo Primus Sikayun.
According to the facts of case, on September 26, 2011, after receiving a call
from a clerk informing about a murder in Vicland Estate, Beluran, police
proceeded to the crime scene and found that the suspect had been apprehended by
employees of the estate.
The police then found the murder victim lying down on the floor in the kitchen
of a squatters' quarters, in a pool of blood.
The police then cordoned off the scene of the crime for investigation and
examination by the police forensic team, who noted the neck of the victim was
almost chopped off by a parang.
According to the Deputy Public Prosecutor (DPP) Mohd Fillanny Siji, a
pathologist from Duchess of Kent Hospital here conducted a post-mortem of the
murder victim and concluded that the cause of death was due to severe injury
sustained to the victim's neck when it was hacked with a parang.
The Judge in arriving at his decision told the Court that the accused had
failed to raise a reasonable doubt on the prosecution's case, and therefore
finds Hasyim guilty as charged and is accordingly sentenced to death by
hanging.
(source: Borneo Post)
BELARUS:
Belarusian Supreme Court Annuls Death Sentence In Murder Case
In an unusual move, the Belarusian Supreme Court has annulled a death sentence
in a murder case.
Prominent human rights defender Andrey Paluda, who has followed the case,
called the court's October 22 decision unprecedented.
The court ruled that the case against Alyaksandr Hrunou must be reinvestigated
due to procedural mistakes.
Hrunou was found guilty of killing a young woman and sentenced to death in
June.
The Supreme Court's decision comes 2 weeks after the UN's special rapporteur on
the human rights situation in Belarus, Miklos Haraszti, urged Minsk immediately
introduce a moratorium on executions immediately.
3 death sentences, including Hrunou's, were handed down by Belarusian courts
this year.
5 executions were held from 2010 to 2012.
Belarus is the only country in Europe that retains the death penalty.
(source: Radio Free Europe/Radio Liberty)
INDIA:
Death penalty
The death penalty, though archaic, is relevant today ("A blot on progressive
societies," Oct. 23). It is reserved for heinous and diabolical crimes.
Advocating the human rights and dignity of the perpetrators of heinous crimes
somehow implies that their rights are more important than the rights of the
victim and the collective conscience of society. The death penalty is the
ultimate and the most potent deterrent available to any criminal justice
system. The retention of this deterrence is necessary, under astute safeguards.
Debashish Lahiri,
New Delhi
--
I started my legal career by moving bail in a murder case. When my office clerk
was shot dead, I was appointed the special prosecutor in the case. Much later,
after I left to join films, my one-time junior was killed on the road leading
to Paramakudi courts.
I practised law in Mudukulatur where 5 people were shot dead by police in 1957.
I had appeared for 3 of them in murder cases in committal proceedings. I was
just 27 but I felt that at least 3 of the 5 who were gunned down were a threat
to life and safety. It takes time to learn ethical and moral realities meant
for the betterment of society.
We avoid committing crimes due to the fear of punishment. At least 5 % of our
population does not commit murder due to the fear of death. It would be wise to
leave the law as it is to keep the number of murders under control.
S. Charuhasan,
Chennai
--
When we argue for the abolition of capital punishment in the name of
progressiveness, we should understand that in the same progressive society,
women are gang raped and terror attacks killing innocent people take place.
Society has a right to punish a person who disturbs the social order brutally.
An eye for an eye may turn the whole world blind but in the name of dignity of
life, we should not become blind to the plight of victims who die for no fault
of theirs.
Deba Prasad Bhanja,
Delhi
--
Monica Vincent has analysed the death penalty in great depth. The article is
good to read from the point of view of offenders sentenc
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Oct. 24 BOTSWANA: Death Penalty and the manner of its imposition The furore around the death penalty remains, even becoming entrenched. Perhaps it is indicative of the absence, for a long time, of the debate on death penalty. That debate was always going to hit a snag until parliament opens it up. That has not been so. Motswagole J has, consistent with established legal tradition, been hamstrung to do away with death penalty. Rather, he has found that the imposition of the death penalty is fundamentally flawed and consequently declared it unconstitutional. This declaration became a good opportunity to reignite the debate on the death penalty. After some confusion, the distinction is now being made that it is the process of the imposition of death penalty that has been outlawed. With respect, Motswagole J's decision cannot be good law for a number of reasons. The Court of Appeal (CoA) has decided on the need for a murder convict to address the court on extenuation and consider such other facts as may be relevant for purposes of sentencing. Routinely courts further allow murder convicts to address the court in mitigation. Indeed the Court may also address its mind to such other issues which the accused did not bring to its attention but which are relevant for purposes of sentencing. There are 3 fundamental procedural points why Motswagole J's declaration of section 203 of the Penal Code is obiter dicta and therefore not a ratio decidendi. In the former case the court pronounces itself on a matter not before it. In the latter case this is the basis of the decision of the court on the set of facts or issues before it. Firstly, the constitutionality or lack thereof of section 203 was never an issue before the court or was raised by any of the parties. Secondly, the court after raising the issue out of its volition did not invite the parties to argue the case. Thus the court decided on a matter neither raised by the parties, argued nor before it at all. Thirdly, the Attorney General (AG) was not a party before the court or invited to defend Section 203 of the Penal Code. So against legal practice and tradition, the court has proceeded to determine the constitutionality or otherwise of a legislative provision without benefit of the argument by the AG. Courts are not forums to provide advisory opinions. They decide real live issues before them that are brought by the parties. In the case of Rodney Maseko, neither her nor his legal counsel raised the issue of section 203 as being unconstitutional or infringing upon his constitutional rights. The determination of section 203 and its declaration as unconstitutional would therefore have been improper and at the very least obiter. It would not have been a competent order to be made by the court. These procedural points easily dispose off any question on whether or not the process of the imposition of the death penalty has been removed from our statute book. It is a question that the CoA may decline to, and need not, express it on. This is even more so as the CoA cannot sit as a court of first instance depriving the parties to argue the case or point at the High Court and denying them the right of appeal. (source: The Botswana Gazette) BELARUS: Death sentence overturned by Europe's last remaining executioner The President of the Republic of Belarus must introduce an immediate moratorium on executions with a view to abolishing the use of the death penalty, Amnesty International said today, after the country's Supreme Court overturned a death sentence. Heather McGill, Amnesty International's researcher on Belarus said: "A step in the right direction has been made. It has to be followed by the introduction of a moratorium on the death penalty until this ultimate cruel, inhuman and degrading punishment is abolished. "Amnesty understands that part of the court's reasoning was based on fair trial concerns. If this is the case, the Supreme Court of the Republic of Belarus has demonstrated the important role that the judiciary can play in ensuring strict adherence to fair trial standards. This is particularly important in a country that continues to impose death sentences." Alyaksandr Haryunou, 25, was sentenced to death by the Homel Regional Court on 14 June for the murder of a student on 20 September 2012. His lawyer appealed the verdict and highlighted violations of the right to a fair trial, including concerns about his mental health. At the moment, 2 more people are on death row. Last year at least three people were executed in Belarus. Belarus is the only country in Europe which still uses the death penalty. (source: Amnesty International) MALAYSIA: Tehran Warns Malaysia Against Executing Iranians The Iranian Foreign Ministry has said that relations with Malaysia will suffer if the Southeast Asian country proceeds with the execution of two Iranian women convicted of drug
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Oct. 27 INDONESIA: Renae Lawrence is moved to another jail after allegedly plotting to murder a jail guard Bali 9 drug courier Renae Lawrence has been accused of plotting to murder a Bali jail guard and has been moved out of Kerobokan Jail. The plot, allegedly hatched with another female prisoner, was uncovered when jail authorities discovered phone text messages between Lawrence and the other prisoner during a search of the cells. The messages were in the phone of the other prisoner, Joaninha Maria Sonia Gonzales, an East Timorese inmate charged with kidnapping a baby from a French family in Bali. She is known as "Black Sonia". A knife, allegedly to use in the killing, was found on Lawrence's bed in her cell. Kerobokan Jail Governor Gusti Ngurah Wiratna told News Ltd of the plot and of his anger that a prisoner whom he trusted and treated like his own daughter had betrayed him. And he has vowed to cancel her last 6 months of sentence remissions. Lawrence, who was in hospital on Friday to undergo an appendectomy, was yesterday moved directly from the hospital to a jail in Jembrana, West Bali. The other prisoner was moved to a jail in Gianyar, also in Bali. The alleged plot came to light when the Governor and authorities were in the women's block investigating claims of a drug party among women prisoners after photographs of prisoners taking drugs surfaced in a local paper last week. Mr Wiratna said he was checking to see if the photo had been taken in the women's block. "During checking of the women's block, we found an inmate's mobile phone (belongs to Sonia). In the mobile phone, I found a chat between Sonia and Renae. They were planning to murder our friend, a woman guard. On the chat, Renae told Sonia to kill the guard because they hate her. "On the chat, Renae also said that she had prepared a knife for Sonia, to use on killing the guard. I really disappointed of what Renae had been done. I will also propose a letter to the Ministry, to cancel her remission. She didn't deserve to get the remission, as she has been conducting a horrible thing." Renae was given 6 months of remission on Indonesian Independence day this year. "I used to trust her to manage the women's block. When she was sick, I treated her like my daughter." In jail she has previously been described by successive jail governors as a model prisoner. Mr Wiratna said moving Lawrence had made the other women prisoners happy and eased tensions in the overcrowded women's block of the jail where he said she had a reputation for standing over other prisoners for money. "After I decided to move her, apparently, many inmates in the women's block seemed very happy. They said to me that they now feel more comfortable. They felt depressed at Renae's existence as their leader. She also often request money from other inmates, especially those who just come to the jail. I really don't know about that before. But now, I know who is she." Lawrence was the only female member of the Bali 9 - a group of 9 young Australians caught trying to smuggle more than 8kg of heroin from Bali to Australia. (source: Herald Sun) ** 2 Indonesians escape death penalty - but puts 2 other still in risk, and has affected their right to a Fair Trial It certainly is good news that these 2 Indonesians who were facing the mandatory death penalty on a 'drug trafficking' charge have been released. These 2 together with 2 others were arrested by the Malaysian police in a parking lot on 17/1/2013. So there were 4 persons arrested and charged, and all possibly facing the death penalty. From the news report in Tribun.com, which is in Bahasa Indonesia, it seems that prosecution apparently withdrew the charges against these 2 persons - apparently on condition that they turn prosecution witness and testify against the other 2. According to the report, they already have given evidence in court. I could not find out the nationality of the other 2 persons, but more likely than not these 2 are still facing the mandatory death penalty. PROBLEM AND CONCERN - It is not uncommon for prosecution to offer 'deals', which could lesser charges or even complete withdrawal of charges to persons JOINTLY charged with other persons for a crime - sometimes on condition that they turn 'Prosecution Witness' against the others. Joint Trials are dangerous for accused in such cases when co-accused suddenly end up agreeing to prosecution deals in mid-trial, and worse turning to be prosecution witnesses. Will these 'witnesses' be credible witnesses, especially since these are people who will be willing to say anything to escape imprisonment - let alone the gallows. In such cases, all the questions raised, the doubts created, etc will just get 'removed' from the trial records when these accused persons have their charges withdraw or they plead to a lesser charge, and it will be prejudicial to the r
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Oct. 26 INDIA: Death row convict moves curative plea in apex courtUtkarsh Anand : New Delhi, Sat Oct 26 2013, 01:27 hrs On the death row in the 2000 Red Fort attack case, Mohd Arif has filed a curative petition in the Supreme Court against confirmation of his death penalty. Arif, identified as a member of the banned Lashkar-e-Toiba, was sentenced to death for killing 2 Rajputana Rifles jawans and a civilian in the attack on the Red Fort on the night of 22 December 2000. He was awarded the death sentence by the trial court in November 2005, which was confirmed by the Delhi HC in 2007. Arif challenged this order in the Supreme Court, which in October 2011 upheld the decision. He subsequently moved a review petition but it was also dismissed last year. Curative petition is the last remedy available in law to challenge an order. In his curative petition, Arif has raised the question of law as to whether his statement given to the trial court in February 2005 could have been discarded by the courts while holding him guilty under terror charges. In his statement under Section 313, CrPC, Arif had claimed that he was a resident of Pakistan and was working for X branch in the RAW since 1997. As per his statement, he had travelled to Kathmandu in June 2000 to hand over some documents to another agent, who arranged for his stay in Delhi. Arif contended he was later framed in the case by being forced to sign blank documents since he could not return to Pakistan. The apex court had declined to consider this statement by Arif after noting that the prosecution witnesses were not asked related questions at any stage of the trial and that the entire defence of the accused was required to to be put by way of suggestions or other questions at the time of cross-examination of such witnesses. Challenging this proposition, the curative petition has claimed that dismissal of his defence had resulted into violation of principles of natural justice and also caused gross miscarriage of justice. He further said since all the other 6 accused were acquitted by the High Court after disbelieving the prosecution's story, there could not be any basis to convict him and sentence him to death on the basis of same set of evidence. (source: Indian Express) IRANexecutions Details of 16 executions in Zahedan Emerging details of executions of 16 political prisoners on Saturday in Zahedan prison reveals that at least 1 of those executed had been arrested at the age of 17 . Mehrollah Rigi, was arrested in September 2010 at age of 17 along with his brother who was executed last year. Other prisoners hanged include: Navid Shojaei, 21; Habobollah Rigi Nejad, 23; Hamed Vekalat,20; Bashir Ahmad Hossein Zehi, 27; Jihand Rigi; Nazer Mulla Zehi, 26; Shir Ahmad Hossein Zehi, 28; Abdolmalek Mir Balouch Rigi, 40; and Abdulvahab Rigi, 20. The execution were carried out without allowing the victims to have a chance to inform their families. The Iranian regime refuses to hand over their corpses to their families. ** Maryam Rajavi calls for condemnation of arbitrary execution of 16 prisoners in Zahedan 16 political prisoners were collectively hanged in Zahedan prison by orders from mullahs' regime supreme leader Khamenei to create terror and fright among the fed up people of Sistan and Baluchestan. As admitted by the bloodthirsty head henchman Mohammad Marzieh, revolution's prosecutor general of Zahedan, hanging of these prisoners who have been in prison for a long time, was in revenge for a number of revolutionary guards killed in Saravan. He said, "These people were executed in response to martyrdom of border-soldiers in Saravan. They were affiliated with Jaish al-Adl grouplet, the Ansar and other wicked groups and this was just one retort to that night's incident". (Tasnim news agency, affiliated with Qods Force, October 26) According to the state media, last night, in the attack on a center of suppressive forces in Saravan, 17 revolutionary guards were killed. This is while hours after these executions regime's officials declared their ignorance as to which group was responsible for the attack. Hedayatollah Mir-Moradzehi, Saravan???s representative in parliament, told Qods Force Tasnim news agency that it is still unclear the assailants belonged to "which group. Information on this incident is still sketchy and no group has claimed responsibility for the incident". Hours later this element said: "Governor of Saravan has declared that Jaish al-Adl was responsible for the incident, but until this moment this report has not been confirmed". (Tasnim, October 26) Ali Abdollahi, Interior Ministry's deputy on security, stated: "No group has assumed responsibility for this incident yet and we are investigating. Meeting of Interior Ministry Council to examine this matter will be held on Sunday". Mrs. Maryam Rajavi, President-ele
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Oct. 25 EGYPT: Egypt's Executioner Loves Allah, Killing People and Strangling Dogs About that whole Arab Spring thing. I don't think it's going to work out. Egypt isn't America. It's not Europe. It's not 1848 here. It's a window into another age. It's a time machine into savage lands where they now have smartphones and the internet, but where nothing has really changed. Following are excerpts from an interview with Hajj Abd Al-Nabi, the official executioner of Egypt, which was posted on the Internet on September 8, 2013. Hajj Abd Al-Nabi: I am the executioner of the Arab Republic of Egypt. I hold the rank of chief warrant officer in the police and the prison authority. I am Egypt's executioner, responsible for carrying out the death penalty. But don't get the idea that Al-Nabi is all business. He's just a guy who loves Allah and killing people. I love people, and people love me, but when I am doing my job, I am carrying out the law of Allah. Also killing cats and dogs. When I was young - about 13 or 14 years old - the dry Ismailiya Canal in Shubra Al-Kheima still had water in it. My hobby was to catch a cat, to place a rope around its neck, to strangle it, and throw it into the water. I would get hold of any animal - even dogs. I would strangle these animals and throw them into the water - even dogs. In America, Al-Nabi would be considered a serial killer. But in Egypt, he filled a different niche. Islamic serial killer. Strangulation was my hobby. When I applied for the job and did well on the tests - proving that I could take the psychological pressure and so on - they said: "Congratulations. Now, grow a moustache." In the Muslim world, having a mustache is more important than having a conscience. The truth is that my heart is dead, because executing comes from the heart, not the moustache. He's not just a serial killer. He's a philosopher. But mostly a serial killer. In all honesty, I love my work. I just love it! I never say "no" when they need me at work. This is my work and my livelihood. Who could ever imagine that this little boy would grow up to become a monster? Maybe his parents? My parents were hard on me. They would say: "This will get you to hell!" I would say to them: "The cat bit me," "The cat bit some kid," "The dog bit a boy in the leg, and the leg got infected." I became the enemy of all things harmful to Mankind. Like the Dexter of the animal kingdom. Al-Nabi has a real gift. Hajj Abd Al-Nabi: It's a gift. Interviewer: Strangling is a gift? Hajj Abd Al-Nabi: A great gift. I love my job very much, and I can't give it up. Even when I retire, I will report for duty in emergencies. I will leave this job only when I am dead. Where he can be haunted by all the cats and dogs he killed for all eternity. (source: frontpagemag.com) IRAN: 4 Kurdish Sunni Prisoners of Conscience in Imminent Danger of Execution 4 Sunni Muslim prisoners belonging to the Kurdish ethnic minority in Iran are at imminent danger of execution. According to the reliable sources there is increasing concern that these prisoners, who are being held at the Ghezel Hesar Prison (near Tehran), might be executed in the coming days. Jamshid and Jahangir Dehgani (brothers), Hamed Ahmadi and Kamal Molayee were arrested in 2009. They were accused along with 6 others of involvement in the assassination of a senior Sunni cleric with ties to the Iranian authorities. They have denied any involvement, saying that their arrest and detention preceded the assassination by several months. They were sentenced to death by the branch 28 of the Revolutionary Court in Tehran, convicted of "Moharebeh" (enmity against God) and "acts against the nation's security". Their trial lasted about 10 minutes and they haven't seen their lawyer, according to sources who have been in contact with Iran Human Rights (IHR). The 6 other prisoners were executed in December 2012, but the death sentences of the 4 prisoners were postponed. Their execution was scheduled to be carried out in on September 25 but it was postponed for 1 month possibly due to the international attention. Now, more than 1 month later there is increasing concern that the 4 prisoners can be executed at any time. IHR called for a reaction by the international community to save these prisoners. Mahmood Amiry-Moghaddam, the spokesperson of IHR, said: These prisoners have been subjected to unfair trials and are possibly sentenced to death as part of the Iranian authorities' crackdown of the Sunni Muslim minority in Iran. We ask the international community to use all the channels in order to stop the executions. ** Kurdistan Authorities Push to Execute Two Kurdish Political Prisoners The Kurdistan Province judicial and security officials have launched an effort in recent days to enforce the confirmed death sentences of two Kurdish prisoners of conscience, Zanyar and L
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Oct. 28 INDIA: Delhi gangrape case; HC rejects convicts' plea for Hindi translation of documents The Delhi High Court on Monday rejected a plea of 2 death row convicts in the December 16 gangrape case for Hindi translation of certain documents including the trial court's conviction and sentence orders in the case, saying they are adopting delaying tactics. A bench of justices Reva Khetrapal and Pratibha Rani rejected the arguments of M.L. Sharma, counsel for convicts Pawan and Mukesh, that they do not understand English as they are illiterate and they should be supplied with Hindi translated copy of the documents. "It seems the application is only a methodology adopted to protract the hearing of the appeal. "No efforts have been made to remove the objections raised by the Registry in their appeal (provisional) although ample time was given to them," the bench said and directed the Registry to list their appeal before it on November 1. "If you go on like this, a feeling will come to the mind of the court that you want to delay the case. Do you want that feeling to come to the court's mind?" the bench said. The bench is hearing the trial court's reference for confirming their death sentence. The court wanted to know from the counsel if there was any judgement which can substantiate his claim for translated version for the documents. It recorded the arguments of convicts' counsel that CrPC has the provision under which the accused are entitled for translated copy of the FIR, charge sheet, evidence and the trial court judgement. "It is the court's duty to direct the prosecution to provide them the Hindi copies of such documents," Mr. Sharma said. The court also recorded the arguments of Special Public Prosecutor Dayan Krishnan that the trial court had supplied the translated copy of the charge sheet to the accused persons in April this year and another similar plea of the convicts was rejected by the single bench of this very court. The prosecutor referred to provisions of the Constitution according to which the official language of the Supreme Court and the High Court is English and the accused are not entitled for the translated copy of the documents. Earlier, the counsel for the 2 convicts had informed the bench saying the provisional appeal has been filed but they are under objection by the Registry as certain documents are yet to be annexed. Mr. Sharma had moved the application seeking Hindi version of the FIR, charge sheet, evidence, judgement and sentence order of the trial court in the case. 2 other convicts in the case, Vinay Sharma and Akshay Thakur, had on October 7 filed their joint appeal against the trial court's conviction and sentencing orders of September 10 and 13, respectively. All 4 of them were convicted and awarded death penalty for raping the 23-year-old girl in a moving bus in south Delhi on the night of December 16 last year. The trial court, while awarding capital punishment to the convicts, had observed the case falls in the rarest of rare category as the crime was committed against the "defenceless" girl in a "beastly" and "hair-raising" manner and referred the case to high court for confirmation of the sentence. The trial court has to refer each death penalty case to the high court for confirmation of the punishment. Prime accused Ram Singh (34) was found dead in his cell in Tihar Jail in March and proceedings against him were abated. On August 31, the juvenile accused in the case was convicted and sentenced to a maximum of 3 years in a reformation home. (source: The Hindu) TANZANIA: Public views will not determine ruling over death penalty-CRC Dr Sengondo MvungiWhether the death penalty will be scraped out of the new constitution depends on 'reasoning' rather than views submitted to the Constitution Review Commission (CRC), legal expert has said. The expert however said it will also depend very much on whether those opposing its implementation come up with justifiable and convincing reasons for its removal. The remarks were made yesterday in Dar es Salaam by a member of the CRC Dr Sengondo Mvungi during an exclusive interview with the Guardian on the side lines of a meeting organised by the National Council of NGOs (NACONGO) to convene over the ongoing constitution reform process. Dr Mvungi was responding to a question that inquired as to why the draft constitution had incorporated Article 69 (1) k in the draft despite its shortfalls like risking the lives of innocent people who slipped through the cracks of the faulty judicial system. Article 69 (1) k of the recently launched draft reads just as it always did: "The President shall have powers to endorse the implementation of a death sentence as declared by the court in accordance with the laws of the country." Dr Mvungi acknowledged that when the CRC was collecting views it did face strong opposition against the cap
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Oct. 29 PAKISTAN: Death penalty: Taliban fear or EU blackmail? Nawaz government's continuing moratorium on "death penalty" is getting more and more confusing. Public and media have still not understood what is happening? Is it EU's blackmail stitched with its GSP-Plus or is this the fear of Taliban who have threatened the ruling family? In order to show its determination to fight the crime, government - only this month - has brought forward 2 ordinances in the space of just 11 days and the Protection of Pakistan Ordinance 2013 does mention death penalty; but privately government officials admit that given EU's arm twisting and the power of human right groups funded by western countries, this continuing moratorium will now never be lifted. "Death penalty: is a philosophical and moral debate that goes to the heart of a community and state. By all means Pakistanis should have this debate and should be able to form a mind. Should criminals be executed? What crimes warrant the ultimate punishment? Should a state have the power to execute its citizens? Is death penalty a deterrent? Why death penalty is not a deterrent when arrests, fines, and other punishments are? What about our whole modern governance system based on studied methods of incentives, disincentives and rewards? Is there a credible research that distinguishes the deterrence value of capital punishment from other punishments? Could that research - counterintuitive on the face of it - suffer from cultural and other limitations? How do victims get closure? How do we ensure that loved ones of the victims not take law into their own hands? Why extra-juridical killings happen? How do we ensure that innocent are not executed? Who should be pardoned? Should there be a concept of blood money? Societies have argued, fought and debated these issues for decades if not centuries and it has also dovetailed with the political, economic and social conditions of the times, with the kind of challenges a society was facing. Giving you a snapshot: China for instance saw a brief period of abolition in 8th century, Russian Bolsheviks banned death penalty in 1917; in modern Europe Netherlands abolished capital punishment in peace times in 1878 but for wartime in 1983. In UK, a European country of much relevance to Pakistan, Sir Samuel Romilly had started the process of reduction in death penalty in 1808. But the Royal Commission on Capital Punishment 1864-66 could not decide to abolish the death penalty though it did away with public executions. In 1938 a parliamentary bill was to be debated for an experimental five year suspension but then the climate and feelings generated by the beginning of Second World War made it impossible. In 1949, once Nuremburg trials were out of way, another Royal Commission on Capital Punishment examined the matter but advised against abolishment. Finally in 1965 a 5 year moratorium was placed on experimental basis almost 160 years after Romilly had started to reform the punishment. In almost every European country, abolishment followed a similar intense debate, reform of the system and adjustment of the defense of life and property through other parallel enactments. Pakistanis - children of a lesser God - however, were not trusted with this debate; they were not allowed to form their own mind. So in 2008, an indirectly elected President - Asif Zardari - without any input from criminal justice system, district managers, police officers, prosecutors, prison officials, senior civil servants and judiciary, and without any debate in parliament, placed a moratorium on death penalty. Under Article 45 of the constitution of Pakistan, President had the power to pardon, reprieve, respite, remit, suspend and commute sentences on case to case basis but could he suspend the whole system, and a constitutional and religious provision forever? This question becomes all the more important if we keep in mind that unlike the governors in the US who are directly elected - with definite campaign commitments - Pakistani president was an indirectly elected head of the state in a country and political system that was not debating capital punishment; and someone - as his critics point out with mixed indignation and relish - who was always running away from law. It is widely believed that President Zardari took this unusual decision because he was made to believe that this will help burnish his moderate and liberal credentials across EU. Ironically, in his limited, innocent, naive world view - and what may appear as a joke to serious students of international relations - Pakistani President also saw EU as some sort of balance and leverage against the US; in May 2012 for instance he collected all EU Ambassadors - poor souls - in presidency on EU day ostensibly to send a message to Washington before the Nato summit in Chicago. Americans could have popped up champagne bottles to celebrate the P
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Oct. 29 INDIA: High Court adjourns hearing on Delhi gang rape case till Nov. 1 A Delhi High Court bench on Monday adjourned the hearing of appeals filed by the convicted persons in the December 16, 2012 Delhi gang rape case, and said the next hearing of the case would take place on November 1. The defence counsel for 2 of the 4 accused in the case, A.P. Singh said that the High Court dismissed their application, which demanded a supply of the judgement in Hindi today. "We had submitted an application demanding a supply in Hindi to the division bench of the Delhi gang rape case. The court has dismissed this and said that they won't give the application in Hindi because the language of the High Court is English. But our biggest point was that we should get the translation of the judgment because the case is of death penalty and the convicts do not understand English. So they should atleast know what is happening and form their defence likewise," Singh said. "The proceeding on the appeal is stalled and the next hearing of the Delhi gang rape case will be on November 01," Singh said. The fatal attack on the 23-year-old physiotherapy intern provoked national outrage and impelled an overhaul of archaic laws to punish sexual crimes against women. The juvenile was 1 of the 6 accused arrested in the case. While the juvenile faced inquiry before the Juvenile Justice Board (JJB), the four adult accused are being tried before a fast track court. The 23-year-old paramedical student was raped, beaten and tortured by 6 men on a moving bus in South Delhi area on December 16 last year. The victim later died of internal injuries in a Singapore hospital 2 weeks later. (source: ANI News) EGYPT: 3 judges withdraw from Brotherhood chief's trial The 3 judges presiding in the trial of Muslim Brotherhood chief Mohammad Badie and his aides withdrew from the proceedings on Tuesday, citing "reasons of conscience". Badie and his two deputies, Khairat Al Shater and Rashad Al Bayoumi, face charges related to the deaths of protesters who stormed the Brotherhood???s Cairo headquarters on June 30. "The judges are retiring from this case for reasons of conscience and the accused must remain in detention," head judge Mohammad Fahmi Al Qarmuty told the court at the start of the session. Lawyer for the accused Mohammad Damaty insisted "there is no evidence at all in the case" and told AFP that the proceedings were "political". A total of 32 other defendants are being prosecuted along with Badie, Al Shater and Al Bayoumi. None of the 35 was in the court on Tuesday, when the 2nd session of their trial began. An official told AFP that the defendants were not brought to the court for security reasons. Badie, Al Shater and Al Bayoumi face charges of "inciting" the murders of 9 protesters on June 30. If found guilty, they face the death penalty. 3 other of the accused Islamists also face murder charges while 29 are charged with participating in violence. Millions of protesters on June 30 called for the ouster of former president Mohammad Mursi, accusing him of working for the sole benefit of the Brotherhood and of ruining an already dilapidated economy. The army on July 3 ousted Mursi after the mass protests against his 1-year rule. He will face charges of incitement to murder in a trial beginning on November 4. (source: Gulf News) ZIMBABWE: Zim: Justice minister says the state will eventually remove death penalty There is hope for 89 inmates on death row after nongovernmental organisations increased pressure on the government to abolish the death penalty. Zimbabwe has upheld the death penalty in the new Constitution, but recently appointed Justice Minister Emmerson Mnangagwa is showing a willingness to do away with the provision. Mnangagwa was put on death row in the 1960s after being convicted for treason during the liberation war, but he escaped the gallows due to what he said was an "age technicality". Last week, at Amnesty International's event to mark World Day Against the Death Penalty, Mnangagwa said that with the advent of the new Constitution, there was no doubt about what direction the country was taking with regard to executions. "Zimbabweans spoke their mind through the new charter, which now reserves the penalty for those persons convicted only of murder in aggravating circumstances," Mnangagwa said. According to the new Constitution, people younger than 21 and older than 70 at the time of conviction cannot be sentenced to death. Mnangagwa said this represents a positive development in the government's efforts to eventually remove the death penalty, adding that though a new hangman was hired this year "it does not signify a step backwards but a fulfilment of the legal requirements". The hangman's post became vacant in 2005. Moratorium on executions "I believe that our justice system must rid itself of this odio
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Oct. 30 BAHAMAS: Kofhe Goodman Sentenced To Death Kofhe Goodman has today been sentenced to hang for the murder of Marco Archer. Goodman sat in the prisoner's dock in the Supreme Court hearing crouched forward with his hands on his chin. He made no verbal reaction when the death penalty sentence was handed down. Justice Bernard Turner said: "This case is a clear and compelling case for the ultimate sentence of death, to satisfy the requirements of due punishment for the murder of this child and to protect this society from any further predatory conduct by this convict at any time in the future. "Kofhe Edwardo Ferguson Goodman, I hereby sentence you to suffer death in the manner authorised by law." Marco's mother Tryphemia Meadows told The Tribune afterwards that the sentence wouldn't bring back her son, but at least Goodman 'won't be able to hurt anymore little boys.' Goodman, 39, stood trial between April 17 and August 2 in connection with the murder of Marco Archer. He was found guilty despite pleading not guilty to the murder charge he faced. Between September 23 and September 28, 2011, Goodman killed 11-year-old Marco Archer, of Brougham Street. A death sentence, life imprisonment, and a 15-year prison term were the punishments Justice Bernard Turner was asked by counsel to consider in the sentencing. Justice Turner said today the case for death was a compelling one - it warranted 'the ultimate sentence of death' - having taken into account the circumstances of the case and Goodman's criminal history - which had revealed his former victims of buggery and attempted murder were around the same age as Marco Archer. Justice Turner signed the ruling sentencing Goodman to the death penalty and court was adjourned. Goodman's attorney, Geoffrey Farquharson, indicated the intent to appeal conviction and sentence. He asked the court to direct the Superintendent of Prisons to maintain his client's remand status pending the appeal application, rather than hold Goodman as a 'condemned man.' Justice Turner said he would consider the application. (source: Tribune 242) PAKISTAN: No proposal to convert death penalty into life imprisonment: Nisar Federal Minister for Interior and Narcotic Control Chaudhry Nisar Ali Khan informed the upper house on Wednesday that there was no proposal under consideration of the government to convert the death sentence into life imprisonment. Responding to a question, the minister said a total of 13,223 death penalties were announced across the country since 2002, of which, 501 were consummated. He said a total of 6149 terrorists had been arrested by the law enforcing agencies since year 2002. The minister said 12,404 persons were killed while 26,881 injured in different terrorism incidents during the same period across the country. Nisar said a national policy on missing persons was being formulated by the government while a task force in this regard had also been formed. 5 meetings of the task force had already been held and its final report once completed would be presented before both the upper and lower houses, he added. To another question, Ch. Nisar informed the house that 413 incidents of terrorism including suicide attacks took place in the country since June this year. He said it was the duty of the provincial governments to maintain law and order in their respective provinces, however, the federal government was providing all out assistance to the said governments to curb the menace of terrorism. (source: Associated Press of Pakistan) 16 Balochis were executed in an act of revenge by Iran Between 314 and 544 persons have been executed in Iran in 2013 alone 16 Baloch political prisoners were executed in Iran in an act of revenge for an attack on the border security forces. The executed Balochis were already in Zahedan prison and took no part in the attack. It was alleged that the Baloch prisoners crossed the border from Pakistan and they were executed after an encounter between Mersad, an Iranian paramilitary group and another armed group. In this encounter, according to government news agencies, 17 border security personnel were killed. Public prosecutor Mohammad Marziyeh announced that "16 rebels linked to groups hostile to the regime were hanged in the prison of Zahedan in response to the death of border guards in Saravan, Iran." Many Balochi persons have been arrested in Iran on charges of crossing the border illegally, smuggling drugs and creating a law and order situation. However, they are hanged on the charges of insurgency after attacks on border security personnel and clashes with the security forces. The Balochis residing in Pakistan and Iran are the victims of their regimes on both sides of the border who are happy to use them as scapegoats to appease the public. Balochis want only the fundamental rights that they are entit
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Oct. 31 VIETNAM: Aussie may face death penalty in Vietnam An Australian man could face the death penalty in Vietnam after being charged with drug trafficking. A spokesperson for the Department of Foreign Affairs and Trade on Thursday confirmed the arrest of the 31-year-old from NSW, who has not been named, on drug trafficking charges in Ho Chi Minh City on October 22. A 24-year-old woman from NSW was also arrested but has since been released, the spokesperson said. An Agence France-Prese report on Wednesday cited a Vietnamese drug squad officer as saying the man was allegedly caught with 3.5 kilograms of heroin in hidden luggage compartments at Ho Chi Minh City airport. The drugs were hidden in 11 packages which had been treated to avoid detection by sniffer dogs, the state-run Thanh Nien newspaper reported. Officials from the Australian Consulate-General in Ho Chi Minh City have been granted access to the man and will meet with him this week, the DFAT spokesperson said. DFAT said Australians should be reminded of the very stiff penalties facing anyone caught carrying drugs overseas. Vietnam takes a hardline, with anyone who attempts to smuggle more than 600 grams of heroin or cocaine risking the death penalty. Convictions and sentences are revealed only by local media which is strictly under state control. Vietnamese authorities have seized more than 24 kilos of drugs at Ho Chi Minh City airport this year, the Thanh Nien daily said. (source: Herald Sun) NSW man may face death penalty in Vietnam An Australian man could face the death penalty in Vietnam after being charged with drug trafficking. A spokesperson for the Department of Foreign Affairs and Trade on Thursday confirmed the arrest of the 31-year-old from NSW, who has not been named, on drug trafficking charges in Ho Chi Minh City on October 22. A 24-year-old woman from NSW was also arrested but has since been released, the spokesperson said. An Agence France-Presse report on Wednesday cited a Vietnamese drug squad officer as saying the man was allegedly caught with 3.5 kilograms of heroin in hidden luggage compartments at Ho Chi Minh City airport. The drugs were hidden in 11 packages which had been treated to avoid detection by sniffer dogs, the state-run Thanh Nien newspaper reported. Officials from the Australian Consulate-General in Ho Chi Minh City have been granted access to the man and will meet with him this week, the DFAT spokesperson said. DFAT said Australians should be reminded of the very stiff penalties facing anyone caught carrying drugs overseas. Vietnam takes a hardline, with anyone who attempts to smuggle more than 600 grams of heroin or cocaine risking the death penalty. Convictions and sentences are revealed only by local media which is strictly under state control. Vietnamese authorities have seized more than 24 kilos of drugs at Ho Chi Minh City airport this year, the Thanh Nien daily said. (source: Sydney Morning Herald) EUROPEAN UNION: European Union Financing Efforts to End Death Penalty in U.S.Giving millions of dollars in grants to American nonprofits The European Union is financing efforts to abolish the death penalty in the United States through millions of dollars in grants to American nonprofits, EU records show. The EU's European Instrument for Democracy and Human Rights (EIDHR) has disbursed grants worth millions of dollars to a host of U.S.-based groups for campaigns aimed at ending or eroding support for capital punishment. Experts say the expenditures raise concerns about the influence of foreign governments on American policy. The EU is flatly opposed to capital punishment. "Its abolition is a key objective for the union's human rights policy," the union's website states. EIDHR doles out millions of euros each year to groups that oppose the death penalty. Those grants are "aimed at promoting the restrictive use of, the establishment of a moratorium on, and the abolition of the death penalty." EIDHR gave 495,000 euros to Equal Justice USA in fiscal year 2012 for a project called "Breaking Barriers: Engaging New Voices to Abolish the Death Penalty in the United States." EJUSA is a 501(c)(3) nonprofit, meaning its work must focus on education, rather than advocacy. But a EU description of the Breaking Barriers program says one of its purposes is to "advocate for abolition." Shari Silberstein, EJUSA's executive director, said the group acts within all applicable legal constraints, including the Foreign Agent Registration Act (FARA). FARA requires groups to file disclosures with the Justice Department if it conducts advocacy work on behalf of a foreign government. "We determined with our attorneys that it did not apply to us," Silberstein explained in an email. "EJUSA does engage in some lobbying (as allowed within our legal limits), but no EU funds are used for thos
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Oct. 31 JAPAN: European delegate urges Japan to abolish death penalty A delegate and a legislator from Europe called on Japan in a forum Thursday to join the majority of countries in the world in abolishing the death penalty. Maeve Collins, deputy head of the European Union's delegation to Japan, called the death penalty "an affront to human dignity and always a violation of human rights" regardless of circumstance at the forum co-hosted in Tokyo by the European Commission and the Rome-based Community of Sant'Egidio to discuss the abolition of capital punishment. Collins emphasized the "need for an open debate within Japanese society" on the issue, adding, "It is important that the public receive correct and comprehensive information about executions and the conditions on death row in their country." The EU charter prohibits member states from retaining capital punishment. Around 150 of the 193 U.N. member states have either abolished the practice or put a moratorium in place, according to the United Nations. "The Japanese method of hanging is no better than other forms" of capital punishment such as by stoning or firing squad, Mario Marazziti, head of the Italian House of Representatives' Committee for Human Rights, said through a translator. "Japanese people have to change their mindset" about the death penalty for change to happen, he added. Shizuka Kamei, member of Japan's House of Representatives and head of a parliamentary group for the abolition of the practice, said bureaucratic opposition to abolition is gradually waning in the face of international pressure, mainly from Europe. Japan has carried out 6 executions so far this year. There are currently 132 inmates with finalized death sentences, according to the Justice Ministry. (source: Kyodo News International) IRANexecutions Mass-Executions Continue in Iran-At Least 17 People Executed According to Unofficial Sources 1 prisoner was hanged in the prison of Semnan (Northern Iran) according to the Iranian state media. Meanwhile unofficial sources have reported 16 other executions in 3 other prisons. Iran Human Rights (IHR) has received unconfirmed reports on mass-execution of a "not yet confirmed" number of prisoners in Adelabad Prison of Shiraz (southern Iran) today, Wednesday October 30. IHR is currently investigating these reports. Execution of an Afghan citizen in Semnan: One Afghan citizen identified as "M. S." was hanged in the prison of Semnan today, reported the state run Iranian news agency Fars. The prisoner was convicted of possession and trafficking of 997 grams of crack said the report. 11 prisoners among them 2 women hanged in Urmia: According to the unofficial Kurdish "Mukrian news agency" 11 prisoners were hanged in the prison of Urmia (northwestern Iran) today. 6 of the prisoners who were of Kurdish ethnicity and convicted of drug related charges are identified as: Kamel Saeidi, Kamel Habibi, Zaki Khani, Mohammad Gorji, Mosayeb Sadati, Vali Mohammadzadeh. Another prisoner, identified as Yadollah Mahmoudi, was convicted of murder. In addition, 4 other prisoners including two women were also executed in the prison of Urmia today. No further information is revealed about these prisoners in the report. At least 3 prisoners hanged in the Adelabad Prison of Shiraz: According to the news website "Kurdpa" (unofficial) three prisoners were hanged in the Adelabad Prison of Shiraz today. One of the prisoners is identified as "Rahim Rashidi", of Kurdish ethnicity, while the 2 other prisoners are not identified by name. All the 3 prisoners were convicted of drug related charges, said the report. 1 woman and 1 man executed in the Rajai Shahr Prison of Karaj: According to Human Rights Activists News Agency (HRANA) a woman identified as "Mitra Shahnavazi" and a man identified as "Rahbar" were hanged in the Rajai Shahr Prison of Karaj (west of Tehran) today. Both the prisoners were convicted of murder said the report. According to official and unofficial reports at least 39 prisoners have been executed in different Iranian prisons in the last 5 days. (source: Iran Human Rights) EU Condemns Execution Of 18 Inmates By Iran <>P> The European Union has reiterated its call for Tehran to end the death penalty, following reports that Iran executed 18 people on October 26. Sebastien Brabant, the spokesman for EU foreign policy chief Catherine Ashton, told RFE/RL this week that the European Union has a "very strong and principled position against the death penalty." He said Iran should halt all pending executions and introduce a moratorium on what he called "this cruel and inhuman punishment." Prosecutors in Iran said 16 of those executed were punished in "retaliation" for the killings of border guards along the Iran-Pakistan border. 2 Kurdish prisoners were executed on the same day on charges of links to an armed group
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Nov. 1 UNITED KINGDOM: Fight against death penalty goes on for MP Derby North MP Chris Williamson has been re-elected as secretary of the parliamentary cross-party group working for the global abolition of the death penalty. The Labour MP, who started in the role last year, said: "The group has worked hard to educate and change minds and that will continue to be our principal aim. "We've campaigned and supported the causes of many people on Death Row and we will keep on doing that as we seek to get more people to accept that killing as punishment can never be the answer." The death penalty is not used in more than half of the countries worldwide but it is lawful in the US, China, Iran, Iraq, Saudi Arabia and Yemen, among others. South Derbyshire Tory MP Heather Wheeler has previously said she is for return of the death penalty to punish the "most evil" criminals. (source: Derby Telegraph) NIGERIA: NHRC, Lawyers Want Death Penalty Abolished in Nigeria National Human Rights Commission, NHRC, and Advocats Sans Frontiers France, (Lawyers without borders France), yesterday, called on relevant authorities to revisit the country's criminal justice system, especially capital punishment in the dispensation of justice in Nigeria. Disclosing that they were currently assisting no fewer than 20 death row inmates and hundred awaiting trial inmates with legal representation, they argued that the country's legal system was very susceptible to miscarriage of justice to the extent that innocent persons were often times sentenced to death. They spoke at a workshop for judicial actors on the Criminal Justice System, organised by ASF France in partnership with Ministry of Foreign Affairs of the Netherlands, European Union, National Human Rights Commission and Nigeria Bar Association, NBA. Head of Office, Advocats Sans Frontiers France, Angela Uwandu, noted that though the human rights community was concerned about the fate of the victims, "it has been observed that our death penalty has not helped in checking criminality and that is why we are agitating that it should be expunged from our laws, because we believe that life sentence is better. "Even countries where they have forensic experts, CCTV in their streets, they still don't have capital punishment in practice. What we are saying is that in Nigeria, we don't even have such expertise to determined the culpability of a culprit, our legal system need to be reviewed because if you decide to execute the person and discovers that he is innocent after all, what will you do? "But if the suspected is sentenced to life imprisonment, there is still a chance to prove his innocence. For us, we believe that even condemned criminals have a right to legal representation. That is why we said we need a review of our criminal justice system," she said. Mr Nicholas Osadolor of NHRC, urged the relevant authorities to amend the country's criminal justice system, adding "in Nigeria, people are framed up everyday due to political reasons or other issues and it will be unfair to hang an innocent man or woman for a crime he did not commit." (source: The Vanguard) *** How NDLEA Saves 42-year-old Trader From Death The National Drug Law Enforcement Agency (NDLEA) has averted the untimely death of a 42-year-old trader. The suspect, Umeozor Joel Tochukwu was found with 1.305kg of cocaine at the Murtala Muhammed International Airport (MMIA) Lagos, while attempting to board a Qatar flight to China where drug offenders are liable to capital punishment. Umeozor, during interrogation, said that he was oblivious of the death penalty for drug culprits in China. In his words, "I am a trader. I sell jewelries and reside at Oyingbo area of Lagos. My wife just gave birth to our third child. I have not settled the medical bill when I received a quit notice from my landlord. My greatest worry is that my business is at zero level, because I have no savings. This was the reason why I could not resist the $5, 000 I was promised to take the drug to China. I did not even know that drug trafficking attracts capital punishment in China." Umeozor Joel Tochukwu, who hails from Anambra State, also said that he could not further his educational career beyond primary school due to financial constraints. NDLEA airport commander, Mr Hamza Umar, said that the suspect tested positive for drug ingestion during search operation. "The suspect was intercepted during the outward screening of Qatar passengers to China. Umeozor Joel Tochukwu was positive for narcotic ingestion. During observation, he excreted 71 wraps of cocaine weighing 1.305kg," Hamza stated. Chairman of the NDLEA, Ahmadu Giade called on stakeholders to collaborate with the agency in the anti-narcotics campaign. According to Giade, "The Agency will continue to protect lives through intensive control measures at all entry an
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Nov. 1 IRAN: Executions continue in Iran under Rouhani's 'moderate' rule 2 more prisoners have been hanged in Iran - bringing the number of executions under new 'moderate' Hassan Rouhani to more than 300, according to reports from inside the regime. One of the pair put to death on October 31 at Dizel Abad Prison in the western city Kermanshah was named Payman Qaderi, 30, who had been in prison for more than 8 years. Among 16 other prisoners hanged in the city of Zahedan earlier this week was Ayoub Bahram-zehi, 29, who was arrested in the spring of 2010 and spent 14 months in solitary confinement in the intelligence bureau at Zahedan. Another Arab Iranian political prisoner was tortured to death in the city of Ahvaz. His family became aware of the cause of his brutal death as they collected his body from the coroner, and noticed bruising and fractures on his ribs and a bullet wound in his arm. * Letter of executed political prisoner Habibollah Golparipour to his parents Habibollah Golparipour, the Kurdish political prisoner, who was executed on Friday, October 25, had written a letter to his parents before his execution. Bellow is the text of the last letter by Habobollah: "It has been 4 years that I have put a lot of burden on you. I hope you excuse the trouble I have caused you. I wish the best of luck for you all. Tell my mother to look for me go to Abider mountain, whenever she misses me. I am always with her, so do not think of me. I would like her to be happy in the following days.I will also be happy, with her happiness. Therefore, if she wants to see me happy, she should be happy too. My dear father, I thank you for all you have done for me. I hope you excuse me for not being a good son. I wish best of luck for all my sister and brothers and I wish you all the best life." (source for both: NCR-Iran) CHINA: In China, public executions still a part of village life The clip posted on a Chinese video-sharing website was intriguing: "Villagers watch shooting of death row inmate." There was no information on the identity of the criminal, the crime or place and date of the execution. Chinese media did not report on it, either. I scrutinized the hundreds of comments posted to the site and looked at the video footage from every angle. It seemed likely the execution took place in a rural area of eastern Guizhou province. I contacted local authorities and law enforcement officials there and learned that a man was executed in a field in September of last year. It was carried out with a single pistol shot. The village is in the mountains of Cengong county. It is surrounded by fields of corn and terraced rice paddies. The villagers said the sentence was carried out in a field on the bank of a river. Wang Tangjun, 61, lives close to the spot where the execution took place. He recalled it was a gloriously sunny day when "we heard that morning there would be an execution by firing squad, and a throng of villagers rushed over." In the video, laborers, women with parasols and mothers and their children can be seen standing on a hill and the roofs of homes overlooking the field as the death row inmate was escorted to the spot to be killed. A dozen or so vehicles marked with the word "justice" show up, sirens blaring. They stop near thick undergrowth. According to local law enforcement officials, 27-year-old Pan Yanlong was put to death for murdering three men, including one with whom his wife had been having an affair. The crimes were committed in 2010. Pan was born in the village of Liyuan, also in Cengong county. He was led by 5 uniformed guards, weaving their way through the weeds. They pointed to the side of a footpath between two fields and ordered Pan to kneel. 2 seconds later a gunshot rang out. Spectators up on the hill, some laughing, ask, "Is it over already?" Just over a minute after the group arrived, Pan was dead. His body was left where it fell. It was only retrieved later by his relatives. Liyuan's vice mayor, 58-year-old Pan Zhuqing, said he was contacted by the authorities at 7 a.m. on the day in question and told that an execution was scheduled for 3 p.m. Pan's parents and siblings, who are migrant workers, were not in the village, so his aunt and a number of acquaintances went to the prison to meet with him. A neighbor, Pan Shichao, 45, said, "We barely had time to tell Pan that we had come in his parents' place since they wouldn't be able to make it in time." "These kinds of public executions have been performed in this area for a long time," said the vice mayor, recalling that a rapist was put to death locally some 30 years ago. A 22-year-old homemaker who lives in Liyuan recalled watching two people shot to death near a dry riverbed just over a decade ago. "I think when the government carries out an execution, they just do it wherever they feel like it. It's really s
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Nov. 2 CHINA: China to ban use of executed prisoners' organs for transplants China - the last country in the world systematically harvesting organs from executed prisoners - is to ban the practice next year according to a senior official. By mid-2014, all hospitals licensed for transplants must stop using organs from executed prisoners and only use those voluntarily donated and allocated through a fledging national transplant and donor system. The supply of human organs falls far short of demand in China due in part to a traditional belief that bodies should be buried or cremated intact. An estimated 300,000 patients are wait-listed every year for organ transplants but only around one in 30 ultimately receives a transplant. That shortage has driven a trade in illegal organ trafficking. In 2007, transplants from living donors were banned, except from spouses, blood relatives and adopted or step-family members. China does not publish the numbers of people it executes, though the World Coalition Against The Death Penalty estimates it was about 4,000 last year. Officials say the figure is falling. Courts which oversee executions have been told they are no longer allowed to offer organs to hospitals. Mr Huang Jiefu, a former deputy health minister and Australian-trained transplant surgeon who is heading China's organ transplant reform said that a fall in executions meant prisoners' organs could no longer be relied on. "China has meted out fewer and fewer death sentences, so reliance on death-row inmates' donations will become a dead end," he said. "So we must rely on voluntary donations," he added. He admitted the problem of an organ black market was not something the country will easily resolve. "The illegal trade of human organs will be inevitable in Chinese society in the years to come," said Mr Huang. "The huge demand for organs is one of the causes. As long as there's a gap between supply and demand, illegal organ trafficking won't disappear, but the government will continue to crack down on it," he told Reuters. INTERNATIONAL CRITICISM Beijing said in August it would begin to phase out the practice of using executed prisoners' organs this month. Mr Huang did not give an exact date for a ban on their use. "Using executed prisoners' organs for transplants does not meet with the ethical standards universally accepted, and has always received criticism from the international community," Mr Huang told a meeting of health and hospital officials in the eastern city of Hangzhou. "China's organ transplant reform is the government's political commitment to the people, and the world," he said. "There has never been a law that regulates the use of prisoners' organs. Enforcement of the policy has many loopholes,and there have been a lot of scandals that tarnish the image of the Chinese government," Mr Huang added. VOLUNTEER PROGRAMMES To cut back on its dependency on prisoners' organs, China has launched pilot volunteer organ donor programmes in 25 provinces and municipalities since February, with the aim of creating a nationwide voluntary scheme by the end of this year. The number of transplants using donated organs has jumped to more than 900 cases in the first 7 months of this year from 245 in 2011, but is still less than 1/2 the number of organs from death-row inmates, according to data provided by Mr Huang. Human rights groups say many organs are taken from prisoners without their consent or their family's knowledge, something the government denies. A decrease in organ supply will also put more pressure on China's nascent donation system. A transplant surgeon at Saturday's meeting from the nearby city of Nanjing, who asked to be identified by his last name, Li, said it was likely the new rules would limit the number of transplants they were able to carry out. "There might be a temporary shortage of organs. If so, we will just have to do fewer transplants. There's nothing we can do about that. Other countries haven't solved that problem either," he said. (source: RTE news) BAHAMAS: No Appeal For Condemned Convict No appeal has been filed by a convict condemned to death by a Supreme Court judge for the "contract killing" of a man in a Labour Board dispute with his employer. No documents had been filed with the Court of Appeal as of 5pm yesterday, which The Tribune understands was the last of 21 calendar days available to 47-year-old Anthony Clarke Sr of Mount Pleasant Village to appeal his murder conviction and death sentence in the September 16, 2011, murder of Aleus Tilus. However, Clarke Sr still can file with the appellate court for leave to get an extension, though he would have to provide compelling arguments as to why that court should hear his appeal. In a press conference on Tuesday following the death penalty being handed down to Kofhe Goodman for the murder of Marco Archer, Attorney Gener
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Nov. 3 BANGLADESH: British Muslim leader sentenced to death in Bangladesh; One of Britain's top Muslim community leaders has been sentenced to death in absentia by a Bangladesh court that found him guilty of involvement in one the most notorious atrocities of the country's 1971 civil war. Chowdhury Mueen Uddin, a founder of the Muslim Council of Britain, was convicted in absentia of organising the abduction and murder of 18 leading intellectuals along with New York-based Ashrafuzzaman Khan, who was described as the 'chief executioner.' found guilty or carrying out the executions. According to prosecutors, Mr Mueen Uddin was a key figure in the al-Badr militia, one of many Islamic death squads which opposed the countries freedom movement fighting for an independent Bangladesh against Pakistani forces. According to the Bangladesh government up to 3 million civilians were killed during the war and 200,000 women raped. 10 men have now been convicted of atrocities by the controversial International Crimes Tribunal, which has been accused by legal experts of breaching global rules on natural justice. 8 have now been sentenced to death, including several leaders of Bangladesh's largest Muslim party, the Jamaat-e-Islami, and 2 senior members of the main opposition party, the Bangladesh Nationalist Party. The convictions have polarized the country and caused violent clashes between supporters and opponents of the tribunal. The tribunal concluded Mr Mueen Uddin and Mr Khan had colluded to kidnap and assassinate 18 pro-independence activists, including several academics, journalists and doctors, during the final days of the war. Shortly before announcing the verdict, the court said the "calculated killing of intellectuals in 1971 will ever torment the Bengali nation". Mr Mueen Uddin fled the country shortly after Pakistan's forces were defeated by the Indian Army and local pro-independence forces in December 1971 - weeks after the intellectuals were murdered. He escaped first to Nepal and then made his way to Britain via Pakistan. He became a pioneer of multi-faith chaplaincy in National Health Service hospitals and a respected leader of Britain's Bangladeshi communities in East London and the Midlands. His sentence - death by hanging - is unlikely ever to be carried out because Britain will not deport him to face the death penalty. Relatives of the victims voiced their satisfaction at the verdicts. Professor Rashiddudin Ahmad, whose brother Giasuddin Ahmed, a university teacher at the time was amongst those killed, said: "We have waited 40 years for this. It is some sort of justice, even though the sentence may never be carried out." Mr Mueen Uddin's lawyers protested his innocence, claiming he had been convicted in a political show trial. "I am not at all surprised by the verdict that has been passed today by an institution that has lost all credibility. We reject each and every charge leveled against Mr. Mueen-Uddin. This is coming from a body that has been accused of gross irregularity and misconduct by human rights groups, notable figures and institutions around the world," said his legal counsel Toby Cadman. (source: The Telegraph) * Bangladeshi tribunal orders gallows for 2 'executioners' of 1971 war; Verdict comes 42 years after they fled the country A special Bangladeshi tribunal on Sunday handed down death penalty to two Bangladeshi born British and US citizens as "executioners" of leading intelligentsia during the 1971 Liberation War after their trial in absentia, 42 years after they fled the country to evade justice. "They will be hanged by neck until their death," pronounced chairman of the 3-judge International Crimes Tribunal-2 Justice Obaidul Hassan handing down the punishment after the trial of ex-journalist and "operations in charge" of the intellectuals massacre in 1971 Choudhury Mueenuddin and "chief executioner" Ashrafuzzaman Khan. He said 11 out of the 11 charges brought against the duo were proved in course of the trial while the judgment also directed authorities to take steps for their extradition to be exposed to gallows. The 2 top leaders of infamous Al Badr, an elite auxiliary force of Pakistani troops manned by activists of fundamentalist Jamaat-e-Islami that opposed Bangladesh's 1971 independence, fled the country to evade people's wrath right after Pakistan troops surrendered to India-Bangladesh allied forces on December 16, 1971. The tribunal noted that during the past 42 years the 2 visited home twice for brief periods with police protection during the past regimes of slain president and BNP founder general Ziaur Rahman and his successor general HM Ershad. "What a shame, what a shame, what a shame," the chairman of the tribunal uttered thrice blasting the then governments for providing the assailants the police protection to visit their home instead of exposing the just
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Nov. 4 IRANexecutions Another Kurdish political prisoner hanged in Iran Kurdish political prisoner Shirko Moarefi jailed in the Seqiz prison in East Kurdistan has been hanged early Monday morning. Moarefi was taken from his ward and taken to a cell on Sunday evening before he has been executed this morning. 34 year old Moarefi, from the Baneh city, was arrested and sentenced to death on charges of "enmity against God" on 1 November 2007. His death sentence was confirmed twice on 14 November 2009 and 1 May 2011 but he wasn't executed due to public pressure. On the other hand, it is alleged that another political prisoner Mutelib Ehmedi has also been taken to the execution cell in the Seqiz prison. Iranian regime has executed at least 16 Kurds, including 3 political prisoners, in the last 10 days. Iranian High Court has recently approved the death sentence asked for another Kurdish political prisoner Mansur Arwend. The Kurdish prisoner is at imminent risk of being executed. Arwend who is currently being held in the Urmiye jail in east Kurdistan was arrested 2 years ago for alleged cooperation with a Kurdish organization in Mahabad. PJAK (Party for a Free Life in Kurdistan) member Habibullah Gulperipur in Umraniye jail and Kurdish political prisoner Riza Ismail Mamedi in Salmas jail were hanged on 25 October. Some sources claim that 11 prisoners were hanged in Urmiye prison on 29 October. The instant increase in the number of executions have raised concerns over the imminent execution of Kurdish political prisoners in Iranian jails. In a statement published 1 week ago, Amnesty International warned that 2 death row prisoners from Iran's Kurdish minority, Zaniar Moradi and Loghman Moradi, are at imminent risk of being executed. AI called on the Iranian regime to immediately halt the execution of 2 political prisoners and others on death row. Zaniar Moradi and Loghman Moradi, both death row prisoners from Iran's Kurdish minority, claim they were tortured into "confessing" to the 2009 murder of the son of a senior cleric in Marivan, Kurdistan province. They were sentenced to death in December 2010 after being convicted of "enmity against God" (moharebeh) and "corruption on earth" for the murder. They were also convicted of participating in armed activities with Komala, a Kurdish opposition group, which conducted armed struggle against the Islamic Republic of Iran. (source: Firat News) * 3 prisoner shanged in Rasht During the past week, 3 prisoners were hanged in Lakan Prison in the city of Rasht. The 3 were identified as Yousif Rezaii, 30, Ali Vahabi, 33, and Kamran Saharkhiz, 35. It has been a while that the prosecutor and executing director of the prison in the city of Rasht has been forcing prisoners to watch the execution of their cellmates. The court in this city also issued a death penalty for an architect student at Rasht University. Arman Parvizi, a Kurdish activist, has been in prison from early 2013. He is convicted of action against the national security and waging war on God by cooperating with a Kurdish group. (source: NCR-Iran) World Coalition Against the Death Penalty Joint Statement Calls for UN, EU and International Community to Put Death Penalty at Top of Agenda on Iran talks According to reports from Iran the Kurdish political prisoner Shirko Moarefi was executed in the prison of Saghez (western Iran) this morning. The state run Iranian media also reported that five other prisoners convicted of murder were executed in the prison of Kermanshah. In a statement published today November 4. the World Coalition Against the Death Penalty (WCADP) condemned the indiscriminate executions in Iran and urged the international community to put the death penalty on top of the agenda in their talks with the Iranian authorities. The World Coalition Against the Death Penalty, an alliance of more than 150 NGOs, bar associations, local authorities and unions from all over the world. The statement says: Paris, 4. November 2013: Iran: The indiscriminate executions continue - The UN, EU and the International community must put the situation of the death penalty at the top of the agenda in their dialogue with Iran While the political climate between Iran and the international community has been improving since the election of President Rouhani, and the P5+1 Group is preparing their second round of nuclear negotiations with Iran, executions continue at a higher rate than before inside the country. 45 executions in Iran have been confirmed since Saturday, October 26. We condemn this wave of lawlessness in the strongest possible terms. 6 executions took place this morning, November 4, according to reports from Iran: Shirkoo Moarefi, a Kurdish political prisoner, was hanged in the prison of Saghez (west of Iran), and 5 prisoners charged with murder were executed in
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Nov. 5 PHILIPPINES: Stop giving blood money, spend on defense lawyers instead - groups As another overseas Filipino worker (OFW) faces execution in the Middle East, groups on Tuesday urged the government to increase the budget for defense lawyers instead of giving blood money. Volunteers Against Crime and Corruption (VACC) president Dante Jimenez told Radyo Inquirer 990AM that they are against the use of public funds as blood money, in a bid to save Filipinos on death row. The statement came 3 days after the deadline for Filipino murder convict Joselito Zapanta to save his life by raising P45-million in blood money lapsed. "We are in support of calls to give our OFWs the best defense lawyers...We know many are in jails because they are poor (and cannot afford) good lawyers," Jimenez said. He said others might not agree with their stand against the use of blood money, but he explained that the VACC was "pro-death penalty when it comes to heinous crimes" and if the court has decided that the accused was guilty beyond reasonable doubt. Jimenez also clarified that they do not mind if the family is able to raise the funds from private donors, as opposed to government officials using public funds to also further their political career. "Imagine the blood money is equivalent to P30 million to P40 million. Many poor Filipinos could have already benefited from that through livelihood...that amount of money to uplift themselves from poverty without resorting to crime," he said. On the other hand, Migrante International chairperson Garry Martinez said that while they are not against the use of blood money to save OFWs, it has become the last resort following lack of government support. "Cases (of a number of OFWs) should not have resulted in death penalty if the government had allotted adequate budget and hired competent lawyers," Martinez told INQUIRER.net in a phone interview. He said the government has resorted to raising blood money just to say that they have done something for Filipino migrants. Martinez said some accused Filipinos are also victims of injustice, having been framed up for crimes they did not commit. He said the government should be more pro-active and immediately work on the cases of the OFWs immediately after being informed of their plight. Migrante's chapter in the Middle East also pointed out that "the blood money is allowed and legally accepted in the Shariah law system. And this is the only remaining option for the offender [to be saved] from death and start a brand new life." The group's coordinator John Leonard Monterona said they do not see anything wrong in the use of government funds to save Filipinos who are "victims of forced migration and abusive labor environment" from death row. He, however, added that the government should first allot funds for legal assistance and for the private sector to be more active in the campaigns to help distressed OFWs. "Of course, it would be good if private groups and individuals contribute to the blood money...as what exactly happened with the case of Rodelio Lanuza who was released and deported last month after the Saudi King shouldered the remaining 2.3-M saudi rials out of the 3.6-M blood money asked by the aggrieved family in exchange of forgiveness in favor of Lanuza," he told INQUIRER.net. Migrante Middle East admitted that the justice system in the Middle East is also different from that in the Philippines. "The basic rights of the accused to be heard and defend in court with the aid of lawyer in so many cases including that of OFW on death row Joselito Zapanta have been violated. Zapanta was not provided a local hired lawyer during case hearings, only interpreter. It was only on May 2012 when he appealed on the death verdict of Saudi's Court of First Instance that he was given a lawyer," Monterona said. He said it was also because the Department of Foreign Affairs failed to provide a local-hired lawyer for Zapanta during the hearings. Martinez said many OFWs shared the same fate and were only given pro bono lawyers by the Saudi government. (source: Philippine Inquirer) PAKISTAN: Hang them high The savage gang-rape of a 5 year old girl in Lahore this September whose body was then dumped outside a hospital, horrified Pakistan and the world. This brutal attack was then followed within a week by 2 more appalling rapes that hit the headlines - that of a young girl in Faisalabad and a college girl in Toba Tek Singh. Let us also not forget that there is gross under-reporting due to the stigma associated with these assaults, threats of further violence, and the callous and indifferent treatment of victims by police. The national rage at these incidents has targeted not only the culprits, with an outcry for harsher punishments but also the police, politicians, and a system that has utterly failed to deal with this problem effectively. The lax
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Nov. 5 KENYA: Death Row Convict Goes to Supreme Court to Overturn Sentence Is death penalty mandatory? Should death penalty be abolished? Is it inhuman to send somebody to the gallows? These are some of the questions the Supreme Court will be mulling mid this month. In a decision that would set precedent in the country, a death row convict has moved to the country's highest court, seeking to challenge a section in the Penal Code which provides for one sentence - death - in offences such as murder, robbery with violence and treason. Section 204 of the Penal Code was successfully challenged by a death row convict in 2008. A 3-judge bench of the Court of Appeal, then the highest court in the land, ruled in 2010 that to the extent that death penalty is the only sentence in respect of the crime of murder, it is inconsistent with the letter and spirit of the constitution. The judges ruled that Section 204 of the Penal Code is antithetical to the constitutional provision on protection against inhuman or degrading punishment or treatment and fair trial. "We note that while the constitution itself recognises the death penalty as being lawful, it does not say anywhere that when a conviction for murder is recorded, only the death sentence shall be imposed. "We declare that Section 204 shall, to the extent that it provides that the death penalty is the only sentence in respect of the crime of murder is inconsistent with the letter and spirit of the constitution, which as we have said, makes no such mandatory provision," the judges ruled. But one year later, Justice Mohammed Warsame, then a judge of the High Court (he is now a judge of the Court of Appeal), described the ruling of the Court of Appeal as a "significant step in the wrong direction". While sentencing Dickson Mwangi Munene and Alex Chepkonga to death in 2011, Justice Warsame said Section 204 only provides one sentence. Mwangi says section 296 (2) and section 297 (2) of the Penal Code, which provides the sentence for murder, treason, robbery with violence, is against Article 163 and 50 of the constitution. The judge ruled that anyone responsible for cruel death of another must pay in a measure commensurate to the suffering of the victim or his family. Since then, there has been confusion with judges not sure which sentence to prefer to murder convicts. Some judges have gone ahead and sentenced offenders to death, others to life in prison, whereas some convicts have been lucky to be sent to several years in jail. And writing in one of the local dailies over the confusion, criminal lawyer Pravin Bowry said "it behoves the President, the Chief Justice, the Commissioner of Prisons, the AG, the DPP and the Supreme Court to put to rest once and for all and tell Kenyans whether the sentence of death in the statute book is lawful, and if so, why is it not carried out?" The lawyer wondered who will take the initiative, adding that the impact of International Treaties to which Kenya subscribes is also likely to manifest when discussing death sentence. And now, death row convict Wilson Thirimbu Mwangi has taken the fight to the seven judges of the Supreme Court. Mwangi, who together with several other people were sentenced to death for the murder of businessman Lawrence Magondu 13 years ago, wants the Supreme Court to determine the legality of the sentence. He says the country's highest court should show the way so that courts may proceed in murder cases on a "sound footing as regards the correct sentence to mete out". His lawyer Timothy Bryant told the Star that he was concerned with the confusion and wanted the Supreme Court to settle it. This is despite the fact that a bench of 5 judges of the Court of Appeal is set to hear a similar issue. Bryant is the same lawyer who successfully argued the Mutiso case and is worried that some judges have ignored the precedent set by the Court of Appeal. He says he has armed himself with several foreign authorities and international cases from countries such as Malawi, India, and the USA to convince the judges of the Supreme Court. After hearing the case last month, three judges of the Court of Appeal admitted that the Supreme Court now has the chance to determine the legality of the death sentence under section 204 of the Penal Code, "so that all the courts in the land to know and therefore proceed in the murder cases on a sound footing as regards the correct sentence to mete out". "Its (Supreme Court) decision will spell out the law, lay on the table the jurisprudence for all of us to follow and apply," said Justices John Mwera, Philomena Mwilu and Kairu Gatembu. The judges said with such an environment of uncertainty and confusion, the matter should be settled once and for all. The 3 judges said the Supreme Court should determine whether the death sentence violates the constitutional rights under the Bill of Rights, the legality
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Nov. 6 IRANexecutions A prisoner is hanged in Ahwaz A prisoner has been hanged on charge of drug trafficking in Ahwaz prison on Wednesday October 30. According to a report by Khuzestan judiciary, the prisoner who is identified as Sharif-H was executed on charge of having 114 kg and 250 gr opium. The revolutionary court of Ahwaz had issued this verdict which was confirmed by the general prosecutor of Iran as well. (source: Human Rights Activists News Agency) 4 political prisoners hanged in Iran The Iranian regime hanged four Arab political prisoners on Monday, November 4 in the city of Ahvaz, according to the reports recieved from Iran. The 4 were identified as Ghazi Abbasi, Abdulreza Amir Khazafere, Abdul Amir Mojadami and Jasem Moqaddam Panah. They had been transferred to an unknown location prior to their execution. So far, after during Hassan Rouhani's presidency, more than 300 prisoners have been hanged in Iran. Iranian regime executed at least 55 prisoners, including 20 political prisoners, in 10 days; Number of executions since regime???s show elections reaches 308 Waves of executions ripple throughout Iran and no region of the country is safe from murderous rulers' brutality and suppression. Only during the last 10 days, the following executions have been recorded: On October 26, in the city of Zahedan, 16 Baluchi political prisoners were executed. On the same day, a political Baluchi prisoner was hanged in the city of Hamedan's prison, and another Baluchi political prisoner was executed on the following day in Khorram-abad's Barsiloun prison. Also, in prisons in Urumiah and Salmas, 2 Kurdish political prisoners were executed on October 26. In the city of Saqqez, a Kurdish political prisoner was executed on November 4. 6 prisoners were executed on November 4 in prisons in Kerman and Bam. In Rasht, 3 prisoners were hanged on November 1-2. In Kermanshah province, 3 prisoners were executed on October 31st and November 3rd in Dizelabad prison. Regime's prosecutor in Kermanshah also reported execution of 5 other prisoners in that same prison but did not announce the dates of the executions. On October 30th, in Gohardasht prison, a man and a woman named Mitra Shahnavazi were executed. Regime's henchmen hanged Mitra Shahnavazi while she was seriously ill. In the city of Shiraz, 3 prisoners were hanged on October 30th. On the same day, another prisoner was hanged in the Karun prison in Ahwaz. Accordingly, only in the last 10 days, the number of executions reached 55, of which at least 20 were officially considered political prisoners. Of course, it is a known routine in the mullahs' regime to execute political prisoners under the pretense of hanging regular offenders or drug dealers. Mrs. Maryam Rajavi, President-elect of the Iranian Resistance, described suppression, torture, and executions as the common factors shared by all factions and bands of the regime, and the necessity for regime's survival and said: propaganda about balance and moderation in the barbarism ruling Iran has no goals other than deceiving the world community or making excuses for making deals and appeasing this medieval regime. She called on the international community to firmly condemn the systematic violations of human rights in Iran, especially the arbitrary and group executions, and said: Silence and inaction vis-a-vis this regime is helping it continue and intensify its crimes. The only way is to refer regime's crimes to the UN Security Council and have its leaders stand trial and be punished for crimes against humanity. (source for both: Secretariat of the National Council of Resistance of Iran * 15 Official Executions in 2 Days- Iranian Authorities Confirm Execution of the Kurdish Political Prisoner Shirko Moarefi According to the official Iranian media 15 prisoners have been executed in different Iranian cities on Sunday and Monday this week. 2 prisoners were hanged in the prison of Semnan (northern Iran): According to the official website of the Iranian Judiciary in Semnan, 2 prisoners were hanged in the prison of Semnan on Sunday November 3. The prisoners who were identified as "A. M." and "M. B." were convicted of murder, said the report. 5 prisoners were hanged in the prison of Kermanshah (western Iran): The state run Iranian news agency ISNA reported that 5 prisoners identified as "T. R.", "N. S.", "B. F.", "J. D." and "A. Sh." were hanged in the prison of Kermanshah on Monday November 4. All the prisoners were convicted of murder said the report. 6 prisoners were hanged in Kerman (southeastern Iran) According to the Iranian State Broadcasting 6 prisoners were hanged in the prisons of Kerman and Bam, in the Kerman province on Monday November 4. None of the prisoners were identified by name and all of them were convicted of drug related charges. 1 p
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Nov. 6 IRANexecutions 5 prisoners hanged after failed escape attempt through tunnel The Iranian regime's judiciary chief in the city of Jiroft declared that 5 prisoners were hanged on Wednesday morning after a failed attempted to escape prison by digging a 18 meter long tunnel. Ahamad Ali Anjamrooz said in a news conference on Wednesday that the prisoners needed to dig three more meters to escape the prison but their plan had been exposed after prison authorities searched their cells. "The prisoners were able to dig 15 meter in 5 days," he said. "They had made their planning such that be able to escape the prison before their execution day," he added. The prisoner who had been arrested on drug related charges had spent the last two days of their life in solitary confinement. The city of Jiroft with population of nearly 100.000 is located in south eastern Iran. (source: NCR-Iran) * Executed Prisoner Did Not Know He Would Be Hanged Until He Saw the Gallows "Until the moment he was transferred to the enclosed visitation hall, Shirkoo Moarefi did not know that his death sentence was going to be enforced. He only realized he was about to be hanged when he saw the gallows," a source told the International Campaign for Human Rights in Iran. A human rights activist shared details about the Monday morning execution of Shirkoo Moarefi, a Kurdish political prisoner, with the International Campaign for Human Rights in Iran. The source said that following roll call on the evening of Sunday, November 3, the Saghez Prison Intelligence Supervisor, Noroozi, summoned prisoners Shirkoo Moarefi and Motalleb Ahmadian to "Zir-Hasht," the central sentry of the facility, and told them that they would be punished for smoking in their cells inside the Health Ward. After prison Special Forces members and 2 prison guards by the names of Seyed Heydar Razavi and Hoosyhar Razmgah put handcuffs and footcuffs on the men, they were transferred to solitary cells, referred to as "The Suite." "As the prison Intelligence Supervisor had claimed he was transferring them to The Suite as a punishment for smoking cigarettes, Shirkoo and the other political prisoners at Saghez Prison did not expect his execution and in fact the Intelligence Supervisor's excuse was to neutralize the other prisoners' suspicions about the imminent risk of Shirkoo's execution. Shirkoo Moarefi and Motalleb Ahmadian, who is serving a 30-year sentence, were kept in the same cell until 5:30 a.m. At this time Mr. Noroozi, the Intelligence Supervisor, went to their cell and told Shirkoo that they were going to transfer him to the Sanandaj Central Prison and he had to go with them. Shirkoo, who had grown suspicious of the situation, asked Noroozi whether this was about his execution sentence. But Noroozi told him that it wasn't anything important and that he was only going to be transferred to the Sanandaj Central Prison as a punishment," said the source. "At 6:00 a.m., in the presence of a group from the Intelligence Ministry, the Head Warden Abdinia, and the prison Intelligence Supervisor, Shirkoo was transferred to the waiting room of the visitation hall and in that enclosed space, in the absence of prison staff and only in the presence of the Head Warden, the Intelligence Supervisor and that group, Shirkoo Moarefi's sentence was enforced. Until the moment he was transferred to the enclosed visitation hall, Shirkoo Moarefi did not know that his death sentence was going to be enforced. He only realized he was about to be hanged when he saw the gallows. Several hours after the execution was carried out, Motalleb Ahmadian was returned to the Health Ward," said the source. Ahmad Saeed Sheikhi, one of the lawyers representing Shirkoo Moarefi, a Kurdish prisoner who was executed November 4, confirmed news of his execution and told the International Campaign for Human Rights in Iran, "I learned about my client's execution from news websites. I tried to contact his family many times and I was finally able to talk to a family member at 4:00 p.m., who confirmed the news and told me that the family were on their way to collect the body." Authorities arrested Shirkoo Moarefi, a 33-year-old Kurdish political and civil activist from Baneh, on the Iran-Iraq border while he was attempting to return to Iran from Iraqi Kurdistan in 2008. He was sentenced to death on the charge of "moharebeh" (enmity with God), "membership in Komalah Party," and "acting against national security." An appeals court later upheld the sentence and a retrial also confirmed the death sentence for Moarefi. News websites had previously reported Moarefi's imminent execution in April 2011, which Ahmad Saeed Sheikhi had denied. In his 2011 interview with the Campaign, Ahmad Saeed Sheikhi had expressed hope that his client's death sentence would be revoked. ** Iranian Government Official Dis
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Nov. 7 BANGLADESH: British Muslim leader sentenced to death says Bangladesh trial 'farcical' British Muslim leader sentenced to death in his native Bangladesh for war crimes committed 40 years ago said the conviction was a politically motivated farce prompted by a vindictive government. Chowdhury Mueen Uddin was found guilty in absentia on Monday of the torture and murder of 18 intellectuals during Bangladesh's war of independence from Pakistan in 1971, during which 3 million people were killed. But in an interview with Reuters, Mueen said the convictions were totally unfounded, called the trial farcical and denied being involved in the violence. "If there is evidence so strong, why they were not brought against me earlier, nearer to the time?" the bespectacled 64-year-old told Reuters in the office of his London lawyer. "It is entirely politically motivated and actions from a vindictive government in Bangladesh." Bangladesh's government set up the war crimes tribunal in 2010 to investigate abuses during the 1971 conflict, angering the two biggest opposition parties, the Bangladesh Nationalist Party (BNP) and the Jamaat-e-Islami, who say the government is using the legal proceedings against them. In a 154-page judgment, the Bangladesh war crimes court said Mueen was in charge of operations of an al-Badr militia which opposed the independence struggle of what was then East Pakistan. The court said that in an attempt to cripple the Bengali nation's fight for independence, the group abducted intellectuals, killed them and threw them into mass graves. Mueen was sentenced to death by hanging. When asked directly whether he was involved in the violence, Mueen said: "I absolutely was critical of the military action. I never supported it. I supported the unity of the country, but that was a political support, nothing to do with military action or atrocities." PROTESTS The war crimes convictions have prompted a wave of violent protests in Bangladesh, presenting the government with a security challenge ahead of polls early next year. The New York-based Human Rights Watch group has said the tribunal's procedures fall short of international standards and on Wednesday the U.N. High Commissioner for Human Rights also expressed concern about the conduct of the war crimes tribunal. Since settling in Britain in 1972, Mueen has worked for religious organizations. He said he arrived in London on an employment visa after allegations were made against him in the aftermath of Bangladesh independence. "Someone wrote a piece against me and that became almost viral around the media. After that, the family thought it would be foolish to try to stay there in the madness that started after the liberation," he said. Living with a death sentence hanging over him felt like a nightmare, he said: "The whole world fell apart. It is a huge mental and psychological pressure on me and my family." Mueen said he had not been contacted by the legal authorities in Bangladesh at any time about attending the trial. "They have continued this trial without even approaching us in any shape or form." Now a British citizen, Mueen said he had travelled to Bangladesh frequently over the last 40 years without any difficulty. Bangladesh has so far not requested Mueen's extradition, said his lawyer, Toby Cadman. He said there was little prospect of Britain agreeing anyway, given its opposition to the death penalty and its concerns about human rights in Bangladesh. "If there is an internationally accepted trial process under international supervision, and not as biased and farcical as the one in Dhaka, then we have absolutely no problem in presenting ourselves to such a trial," Mueen said. (source: Reuters) *** UN's Pillay slams Bangladesh death sentences over mutiny -- There was anguish outside the makeshift court as death penalties, life sentences and lesser sentences were handed out UN rights commissioner Navi Pillay has expressed serious alarm over Bangladesh's sentencing of 152 soldiers to death over a bloody mutiny in 2009. Ms Pillay said crimes committed during the mutiny were "utterly reprehensible and heinous", but said the trials that followed "failed to meet the most fundamental standards of due process". But Bangladesh insists those convicted have ample right to appeal and all defendants had lawyers. The 30-hour revolt left 74 people dead. It began over pay and other grievances and spread from the capital Dhaka to bases around the country. Army courts have jailed nearly 6,000 soldiers over breaches of military law, but the maximum sentence is seven years. Civilian courts have been trying people for more serious crimes - murder, torture and other charges. As a result, 152 soldiers were sentenced to death while 161 others, mostly border guards, were given life sentences. A reported 256 people received prison terms betwe
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Nov. 8 MALAYSIA: 3 Uzbeks get death for drug trafficking 3 Uzbek friends broke into tears today when they were sentenced to death for trafficking more than 10kg of methamphetamine 3 years ago. Dilbar Nazarova, 54, Jasur Djurakulov, 39, and Sayora Nurmukhamedova, 58, held on to each other after hearing the sentence imposed by High Court judge Datuk Nurchaya Arshad. She ruled that the court found the defence failed to raise reasonable doubt in the prosecution's case. "The defence put forward(by the three accused) were simple denial of possessing the drugs," she said during sentencing today. After proceedings, family members of the 3 accused were heard sobbing as police officers escorted the 3 out of court. Dilbar, Jasur, and Sayora were convicted of trafficking 10.015kg of meth at the baggage claim area at the International Arrival Hall of the Kuala Lumpur International Airport(KLIA) at Sepang, around 9.30am on Sept 7, 2010. According to court documents, Dilbar was caught carrying 4.167kg of meth while Jasur and Sayora were discovered with 3.609kg and 2.239kg of the drug respectively. The offence specifies the death penalty under Section 39B of the Dangerous Drugs Act 1952. Deputy public prosecutor Zainal Anwar Kamaruddin prosecuted while counsel Hisyam Teh Poh Teik represented the 3 accused. (source: New Straits Times) IRAQ: Executions at their highest in post-Saddam IraqAt least 135 people have been executed in Iraq so far this year Death penalty in Iraq --At least 10 prisoners were sent to the gallows in Iraq yesterday, sparking fears that many more death row prisoners are at risk. --At least 135 people have been executed in Iraq so far this year - the highest number since country reinstated capital punishment in 2004. --However, the true number could be more than 150 as the Iraqi authorities have yet to publish full figures. A sharp increase in the use of the death penalty in Iraq has brought the number of known executions to the highest in the decade since the toppling of Saddam Hussein in 2003, with at least 7 prisoners sent to the gallows yesterday, sparking fears that many more death row prisoners are at risk, Amnesty International said. "Iraq's increased use of the death penalty, often after unfair trials in which many prisoners report having been tortured into confessing crimes, is a futile attempt to resolve the country's serious security and justice problems," said Phillip Luther, Middle East and North Africa Director at Amnesty International. "In order to actually protect civilians better from violent attacks by armed groups, authorities in Iraq must effectively investigate abuses and bring those responsible to justice in a system that is fair, without recourse to the death penalty." At least 132 people have been executed in Iraq so far this year - the highest number since the country reinstated capital punishment in 2004. However, the true number could be higher and the Iraqi authorities have yet to publish full figures. Previously, only in 2009 (at least 120 executions) and in 2012 (at least 129) were the figures of known executions comparable to this year's total, but each time for the whole calendar year. "The stark rise in executions witnessed in 2012 has only gotten worse in 2013. The government apparently refuses to accept that the death penalty does nothing in deterring attacks by armed groups against civilians in Iraq or other serious human rights abuses," said said Phillip Luther. Death sentences are often handed down after deeply unfair trials, where prisoners do not have access to proper legal representation and "confessions" to crimes are frequently extracted through torture or other ill-treatment. In recent statements announcing the execution of 23 prisoners in September and 42 in October, the Iraqi Ministry of Justice misleadingly states that all death sentences are reviewed and confirmed by the Court of Cassation before executions take place. But the Court of Cassation regularly fails to address the admission by trial courts of contested evidence, including withdrawn "confessions" and allegations of coercion and torture, when approving death sentences at the review stage. The generally paper-based procedure fails to give defendants a genuine review. "For justice to prevail in Iraq the authorities have a long way to go to address the flaws in their criminal justice system, investigate claims of torture and other ill-treatment in custody, and, where applicable, grant re-trials in full compliance with international fair trial standards," said Phillip Luther. "The authorities in Iraq must stop their reliance on the death penalty, by immediately declaring a moratorium on executions as a 1st step and commuting all death sentences to prison terms." Amnesty International opposes the death penalty - the ultimate cruel, inhuman and degrading punishment - in all cases wit
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Nov. 8 INDIA: Why the Delhi sentence is too much and too little; Why the death penalty seems like the easy, cowardly way out of a terrible situation On 13 September, a Delhi court gave the death sentence to 4 men found guilty of December's infamous rape and murder. The judge remarked that this "rarest of rare cases" was so "beastly" and "hair-raising" that death was the only possible punishment. Crowds cheered, people danced in the streets, and the word "closure" was bandied about. Despite some human rights activists speaking out against it, the predominant emotion was expressed by a columnist in the UK who wrote, "Hang 'em high!" Looking on, I felt a bit sick. There is a collective feverish, titillated fascination at the prospect of executing the four men, and it reminds me uncomfortably of the feverish, titillated fascination associated with rape itself. There's something very macho about it, and I felt oddly ashamed when I looked at the photographs of the men on my computer screen. The state has no business executing anyone in the first place. It's just barbaric, and only a few backward countries (India, Iran, the US...) still allow it. So I wouldn't support the death penalty no matter what. In this case, it is particularly upsetting when I think about many of the emails I got when I wrote about my own rape. Emails from men in particular. "Don't you think we should castrate them all?" "We should hang the bastards to death!" "Do you wish they had been executed?" Actually, I don't. I wish they'd been caught, tried, and convicted. I wish I could think about them stuck in jail having a really bad time. But it doesn't even really matter what I wish. Justice is not about giving victims and families a vengeful thrill. Justice is about putting things right, and things are very wrong in our society when we attempt to fix the objectification, rape, dehumanization and murder of a woman with the objectification, dehumanization and murder of her murderers. What does this do but add to the sum total of violence and hate in our society? Quite apart from my firm opposition to the death penalty in general, I find this one abhorrent because it feels like a convenient way to make an artificial distinction between Us (the good guys, the benevolent citizens) and Them (the evil twisted perverts who are beyond the pale and who stand outside civilized society). It is a convenient way to shuck off responsibility for the way we view women, the way we act every day towards our own sons and daughters, and the way we would have to admit, if we looked closely enough at the photographs of the murderers, that they look just like us. It's going to take a lot of rope to hang everyone responsible for all the quotidian beastly and hair-raising acts to which we are all party every day. Alice Munro, this year's winner of the Nobel Prize for Literature, writes, "The major things, the evils, that exist in the world have a direct relationship to the evil that exists around a dining room table when people are doing things to each other." Let's not lose sight of that relationship, and use an act of vengeance to pretend it does not exist. Perhaps, rather than add to the blood on our collective hands, it would be more useful to punish these men severely, and then turn our energies to the usual horde of cretins who applaud violence against women in the name of tradition. This horde includes A.P. Singh, one of the murderers' defence lawyers, who proudly announced that he would burn his daughter alive if she went out with a boyfriend or had premarital sex. I know I've just made a case for acting civilized, but I hear things like that and I immediately want to smack his smug face and banish him from living in the same world as my daughter. These 4 men who look just like our brothers and cousins are part of the fabric of our society, and if we think that hanging them high and doing a victory lap around the arena will make the problem go away, we are being delusional. What happens after the victory lap? We all feel satisfied that the ledger is balanced? Does killing the killers exempt us from doing the real work involved in repairing the society that produced them? They are part of us, those men, and killing them will not make that reality go away. If someone raped my daughter, would I want him to die for it? Perhaps, but not at the hands of a government apparatus that we all know is flawed in every possible way. Frankly, the death penalty seems like the easy, cowardly way out of a terrible situation. Easy for us, easy for those who die. If we want to be vengeful, let's at least be creative about it: I'll always remember my peace-loving mother saying, "Just give me 5 minutes in a room with them and a vat of boiling oil!" I'm not defending the criminals. I know all too well the terror their victim must have felt. They committed a horrendous crime and they deserve to
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Nov. 9 TRINIDAD: DEATH BY HANGINGMan guilty of raping and murdering Pixie, 16...and killing aunt, 40 The mother of murdered teenager Pixie Lakhan said she was satisfied with the guilty verdicts passed on murderer Paul Vincent yesterday. Vincent was found guilty before the San Fernando First Criminal Court of raping and killing Pixie Lakhan, 16, and her aunt Taramatie Toolsie, 40. Surujdaye Lakhan, Pixie's mother, told reporters she had been "hoping and praying that when the matter started it would finish with this decision". A soft-spoken Lakhan said, "I feel happy that justice is served... Life goes on as usual. You can't forget things, but it has to go on." She said it should be ensured the death penalty is carried out. "I think they should bring back hangings... In Trinidad, we have too many murders and unnecessary killings. It (the death penalty) might not solve the problem, but maybe it will ease it," she said. Toolsie's son, Ramdeen Beepath, cried as he spoke to reporters following the verdict, on which the jury deliberated for 3 hours. He too called for the death penalty to be implemented. "They sitting down in jail and taxpayers just minding them... This man took happiness away from me. My mother did not even get to hold her grandchild. Just a month again and my mother would have gotten to hold her grandchild. "The Thursday (before she died), I took the ultrasound (report) and just not to surprise her over the phone, I say Friday I'll tell her. That day she went missing... You know happiness is right there, but yet it so far," Beepath said. He told reporters the verdict did not take away the pain. "It's hard. My mother was a single parent. We were real close. This man have a wife and child, and check what this man did. "I am glad it is over. They say time heals, but this kind of time, I don't know. It is still raw inside. When you have a special bond with your mother, you have a special bond," he said. Pixie Lakhan and Toolsie were murdered weeks apart, in 2005, near their homes in Siparia. Pixie's remains and belongings were found near a carat tree a short distance from her home a month after she went missing. Toolsie never made it to her janitorial job. She went missing 3 days before her decomposing body was found on tyres and bags down a precipice. Vincent was seen with cuts on his body following Toolsie's killing, and it was the State's case he gave officers confession statements into the murders. Justice Mark Mohammed, who heard the trial which began last May, yesterday thanked the 12-member jury for their service in the double murder trial he described as "one of the heaviest and most demanding in our courts for several years". Following the guilty verdicts, Mohammed told Vincent he will be taken to the place of execution and suffer death by hanging. Vincent did not reply. Vincent's mother, Jean Campbell, told reporters outside the court, "I leave it in the hands of God." She said she spoke to her son following the verdicts and he was solemn. "He didn't say anything much," she said. (source: Trinidad Express) UNITED KINGDOM: Capital punishment should remain a relic of Britain's past; Forget the moral arguments - practical considerations render it ludicrous Today marks the 15th anniversary of the abolition of capital punishment in the United Kingdom. With crime a continual bugbear of the media, there is a persistent debate regarding whether the criminal justice system is too soft on those that transgress the law of the land, and undoubtedly capital punishment forms part of this debate. So though Britain, in common with virtually all Western nations, has abandoned the practice of sentencing people to death, would it be a viable idea to resurrect it? I am a big advocate of direct democracy, and still am in principle, but capital punishment would be one issue where I would almost certainly disagree with the majority of people. I feel quite confident to assert that if there was a referendum on the issue then the majority of people would vote in favour of the return of capital punishment. There is no doubt that the public perception is that criminals are treated with excessive leniency in Britain, and that a tougher regime would deter crime. This is profoundly misguided for several reasons. If capital punishment, a highly extreme policy which essentially involves state-sanctioned murder, is remotely justifiable then it must be shown to be a deterrent, to be practically workable, and for the systems in place that administrate it to be infallible. Let's test out the veracity of those three elements within the context of our current society. Firstly, we already have a Western example to consider in which capital punishment presently takes place. 32 American states currently sentence people to death. 7 of the top 10 states in America in terms of murder rates currently operate the deat
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Nov. 10 SAUDI ARABIA: Saudi Arabia to execute top Shia cleric in coming days: report The Saudi authorities are planning to execute prominent Shia cleric Sheikh Nimr al-Nimr in the coming days, a group calling itself the Al-Qatif News Network said on its Arabic webpage on Facebook. "We have no further details on the issue," said the group on its webpage. Sheikh Nimr was attacked, injured and arrested by Saudi security forces en route to his house in the Qatif region of Saudi Arabia's Eastern Province on July 8, 2012. He was arrested over calls for the release of political prisoners Tensions escalated in Qatif and Ihsaa following the arrest of Nimr. Thousands of people protested, calling for the overthrow of the regime and the release of the sheikh. 2 people were killed and dozens were injured. In late March 2013, an unnamed Saudi prosecutor reportedly demanded the death penalty for Nimr. The authority accused Nimr of 'aiding terrorists' and 'instigating unrest,' and called for the execution of the Shia cleric. Since February 2011, demonstrators have held anti-regime protests on an almost regular basis in Saudi Arabia, mainly in Qatif and the town of Awamiyah in Eastern Province, primarily calling for the release of all political prisoners, freedom of expression and assembly, and an end to widespread discrimination. Since November 2011, when Saudi security forces killed 5 protesters and injured many others in Eastern Province, the demonstrations have turned into protests against the Al Saud regime. According to Human Rights Watch, the Riyadh regime "routinely represses expression critical of the government." (source: Tehran Times) IRAN: Would A Nuclear Deal Help Or Hurt Human Rights? "No one is executed in Iran for political motives; our judiciary is independent," said Iranian Foreign Minister Mohammad Javad Zarif in a November 6 interview with the French daily, "Le Monde." Most of the executions carried out in Iran occur as a consequence of drug-trafficking convictions. But human-rights groups say the death penalty continues to be used as a tool to stifle political dissent, especially among ethnic minorities. Zarif made his comment 2 weeks after 16 prisoners were hanged in Iran's Sistan-Baluchistan province in an apparent retaliation for the October 26 killing of 14 border guards along the border with Pakistan. Iranian officials said the men were "bandits linked to groups hostile to the state." Officials said they had been convicted and sentenced previously. About 10 more prisoners were executed in November for a variety of offenses. Among those put to death was Kurdish activist Sherko Moarefi, who had been sentenced on charges that included Moharebeh (waging war against God) and membership in the leftist group Komala, which has been branded a terrorist organization by Iran. A translation of Zarif's interview with "Le Monde," particularly his comment regarding executions, was discussed among Iranians on social media and condemned by some who accused him of lying to portray Iran positively ahead of nuclear talks with Western powers. The talks in Geneva ended on November 9 without an agreement, though another round of talks is expected in 10 days. Many Iranians are hoping for a nuclear agreement between Iran and world powers that could lead to an easing of Western sanctions, which have made their life increasingly difficult. Yet, some are also wondering whether a nuclear deal with Iran would mean an end to Western concerns over the human-rights situation in the Islamic republic. The fact that Zarif's statement about executions went largely unnoticed and the relatively muted Western reaction to the recent execution wave in Iran have contributed to the perception that once a nuclear deal is signed, human-rights abuses will go ignored. On the other hand, a nuclear deal could also lead to a relative opening up of the domestic atmosphere and an improvement in the rights situation. The Iranian judiciary, which Zarif claimed is independent, has been one of the main instruments through which hard-liners have silenced and pressured their opponents over the years. The recent surge of executions in Iran is being seen by some observers as a show of force by the hard-liners, who would like to maintain the status quo. Some analysts believe a nuclear deal could give Iranian President Hassan Rohani and his team more leverage to put promises of moderation on the domestic front into action. Rohani has criticized state interference in the lives of Iranians. He's also spoken against censorship and said that Iranians should have access to information. Since the cleric came to power in August, the heavily securitized atmosphere in Iran has slightly loosened up, activists inside the country say. But there is still a long way to go for Iranians to be able to enjoy basic rights. Well-known religious and nationalist activist T
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Nov. 11 UNITED ARAB EMIRATES: Indian Man Facing Death Penalty in the UAE Says He Was Tortured Into Confessing A 56-year-old Indian man is facing the death penalty in Abu Dhabi for a crime he says he did not commit. Abandoned by his Embassy and former colleagues, Ezhur Gangadharan is in a desperate place. On 11 November he will appeal his conviction and his only hope is that support from the international community will pressure authorities into reviewing his case. Ezhur Gangadharan, known as 'Babu' to his friends, has worked as a caretaker at the Al Rabeeh school in Abu Dhabi for 32 years. His brother, Haridas, describes him as a "very gentle, quiet and innocent guy" who is well known among the Indian community for his voluntary work at a local social care centre. In June Babu was arrested and accused of raping a seven-year-old girl at the Al Rabeeh school, something that he strenuously denies. In police custody he claims to have been beaten and told that if he admitted to the charges against him then he would be released. For 3 days he was denied food and water, forcing him to drink from the toilet in his prison cell. In court Babu was convicted of rape on the basis of his confession, which he says was given under torture. There was no forensic evidence presented and the prosecution's version of events was inconsistently given, raising doubts about its credibility. During trial sessions held in Arabic, Babu, who speaks Malayalam, was incorrectly provided with a Hindi translator. When Babu tried to tell the court that he had been tortured the translator failed to communicate this to the judge. Claims of torture and an unfair legal process are backed up by a litany of similar allegations made in unconnected cases. A recent survey of prisoners at Dubai Central Prison showed that 75% claimed to have been physically abused, with one participant saying "the police pointed his gun at me and said that he would shoot me if I don't tell I sell drugs [sic]". These are not isolated cases. Many others claim to have been tortured by police in the UAE: 3 Britons held in Dubai, a group of Emirati political dissidents, 2 Syrian nationals and a number of Egyptians all say they have been tortured in the past year alone. The legal process has also been called into question after the International Commission of Jurists released a report describing a trial of political dissidents as "manifestly unfair". These claims add weight to the allegations made by Babu and give clear grounds to believe that he may have been tortured in police custody. Given that this man is facing the death penalty, it is clear that there is an urgent need for the case to be independently reviewed in order to establish the facts. This case raises another issue, however, which is that of how migrant workers are treated in the UAE. Babu is one of 1.75 million Indians working in the country, making up 30% of the overall population. Employment sponsorship, known as the kefala system, exploits workers coming from poor socio-economic backgrounds rendering them little more than slave labour. Migrant workers are a disposable commodity and are wholly disrespected by society. A recent case highlighted this, when an Indian man was arrested for posting a video to YouTube that showed an Emirati government official beating up an Indian bus driver. Although the case was eventually dropped, the Indian man who filmed the violent crime faced a longer prison sentence than the government official guilty of beating up a bus driver. Babu is just another disposable economic migrant who is there to work hard and send money home to his family in India. The Indian Embassy, keen to maintain ties that bring significant economic benefit to their country, has said that they have "complete faith in the local judicial system". At the school, which employees a large number of Western expatriates, employees are said to be too scared to speak out due to a fear of losing their jobs. Alone, with no support, Babu has lost everything. On Monday he will appeal his conviction in Abu Dhabi. If justice is to be served the judge must order an investigation into claims of torture and review the whole trial process. The only hope for Babu is that his case can gain some international exposure to pressure authorities into respecting his right to a fair hearing. A petition has been set up calling for his release and a protest is planned to take place at the UAE Embassy in London on Monday, November 11th, at 2.30pm. It is a case where individual actions could lead to saving a life: Babu does not deserve to die for a conviction that is shrouded in claims of torture and an unfair trial. (source: Rori Donaghy; Director at the Emirates Centre for Human RightsHuffington Post) MALAYSIA: Moving images of death penalty For photographer Toshi Kazama, life is so precious and valuable that the subjects of his photo
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Nov. 12 UNITED KINGDOM/UNITED ARAB EMIRATES: Protests in UK Supporting Indian Death Row Convict in UAE A protest demonstration was held in front of the UAE embassy here in support of an Indian man allegedly wrongly imprisoned and sentenced to death for rape in Abu Dhabi. The demonstrators also presented a petition in support of E K Gangadharan yesterday addressed to UAE President Sheikh Khalifa bin Zayed Al Nahyan, Crown Prince of Abu Dhabi Sheikh Mohammed bin Zayed bin Sultan Al Nahyan, and the UAE Ambassadors to India and the UK. The campaign to save Gangadharan is gathering momentum, particularly across India. The petition said Gangadharan had worked in the UAE "loyally and blamelessly" for 32 years in Al Rabeeh School in Abu Dhabi. He has been sentenced to death on charge of rape. It states that Gangadharan was beaten and degraded in prison, including being denied food and water for 3 days. Gangadharan pleaded innocent at his trial in the First Court and will do so at his appeal hearing. It is alleged that he was denied a fair trial as his court-appointed interpreter spoke Hindi and not his native language of Malayalam. The petition claims DNA evidence showing that Gangadharan did not commit the crime, was not given in court. Human Rights Watch representative Nick McGeehan said, "The silence surrounding this case is concerning. It is imperative that the UAE authorities conduct an immediate investigation into allegations that Gangadharan endured torture and didn't receive proper legal assistance either before or during his trial. And the Indian authorities should be lobbying hard for this investigation." Director of the Emirates Centre for Human Rights, Rori Donaghy said, "This case bears the hallmark of one where the defendant has been convicted without being given a fair hearing. It is of grave concern that a man is facing the death penalty when there are allegations of torture that have not been investigated." He said, over the past year there have been numerous allegations that prisoners in the UAE have been tortured in order to extract confessions and that 75 % of prisoners at Dubai Central Prison claim to have been physically abused. (source: oulookindia.com) MALAYSIA: Nabbed - Viet woman found with over 3kg of syabu The Terengganu police narcotics department has detained a Vietnamese woman after finding 3.134kg of syabu (methamphetamine) hidden in her bag at the Sultan Mahmud Airport here. The haul, estimated to be worth RM600,000, is the state's biggest seizure so far this year. State police chief Datuk Jamshah Mustapa said the 31-year-old woman was arrested at the airport's arrival hall at 9.30am on Saturday after the narcotics squad found her behaving suspiciously while holding on to her luggage. After searching the bag, police found a crystal, believed to be syabu, hidden in a modified compartment. "We conducted a body search on the suspect at first but we did not find anything, until we searched the bag," said Jamshah. Jamshah said the woman, who was with a child, flew in to Kuala Lumpur International Airport (KLIA) from India, before making a domestic transfer to Kuala Terengganu. He added that police believe the woman, who could only speak Vietnamese, is a drug mule of a syndicate whose modus operandi is flying into smaller airports via domestic flights in order to avoid the tighter security checks conducted at KLIA's international exit. Jamshah said the state police will work with other state contingents as well as Bukit Aman to ascertain if the suspect is part of the same syndicate whose agents were also arrested in several other airports previously. Besides RM600, the woman was also carrying 3,250 Indian rupees, 200 Thai baht, 290 Vietnamese dong and US$400. The suspect is remanded for 7 days under Section 39B of the Dangerous Drugs Act 1952, which carries the death penalty upon conviction. (source: The Star) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Nov. 12 VIETNAM: Ex-Banker May Face Death in Vietnam Fraud Trial: Southeast Asia A Vietnam court will consider the death penalty for 2 former executives if they're convicted in a $25 million fraud scheme, signaling an aggressive stance as leaders seek to clean up the banking system. The People's Court of Ho Chi Minh City may hand down the death penalty for Vu Quoc Hao, the former general director of Agribank Financial Leasing Co. (FLKO) No. 2, who is charged with embezzling 531 billion dong ($25 million) of state property, the official Vietnam News reported yesterday. Dang Van Hai, the former chairman of a construction company, also faces the death penalty in the case, the newspaper said. The trial comes as the government seeks to shore up Vietnamese banks saddled with Southeast Asia's highest rate of bad debt and turn around an economy that grew last year at the slowest pace since 1999. The central bank governor vowed to crack down on violations by groups of shareholders working against banking reforms last year. "It would be a signal: You could be executed for being caught doing large-scale corruption," said Adam McCarty, the Hanoi-based chief economist at Mekong Economics. "It has implications for the whole bank restructuring the government is about to do. They want to really dig into these bad debt issues and find out who is responsible for the problems." Vietnamese courts held 278 corruption trials this year while the state inspectorate has uncovered 80 new fraud cases involving state funds, according to a government report released yesterday that did not give comparable figures for previous years. Leasing Contracts 11 defendants, including Hao, 58, and Hai, are charged with embezzlement, mismanagement, abuse of power and fraud, according to a statement on the court's website. Prosecutors allege that Hao and Hai formed 10 fake financial leasing contracts to disperse almost 800 billion dong. Nguyen Ngoc Bao, chairman of Vietnam Bank for Agriculture and Rural Development, or Agribank, declined to comment when reached on his mobile phone yesterday. The trial is expected to conclude Nov. 20, according to the court's website. Under Vietnam law, those convicted of embezzling property valued at 500 million dong or more, or creating "other particularly serious consequences," can be sentenced to life imprisonment or death. "The party, the government, prosecutors and our courts will give stiff verdicts in these types of cases," Deputy Prime Minister Nguyen Xuan Phuc, said in an interview at an anti-corruption conference in Hanoi yesterday. "We need to make our regulations and legal framework tighter to reduce and prevent corruption." Nguyen Van Tuyen, the former chief executive officer of Hoang Anh Shipping Industry, a unit of the state-owned shipping company, was sentenced in November 2012 to a 20-year jail term for embezzling 4.5 billion dong for personal use, the Thanh Nien newspaper reported at the time. The law allowed for the death penalty. Le Quang Khai, a 30-year-old teller at Agribank, was sentenced to death in July last year for embezzling 46 billion dong to gamble, the official Voice of Vietnam reported in July 2012. It's not unusual for death sentences to be handed down in trials involving lower-level officials, particularly in drug-smuggling cases, while senior officials convicted of corruption frequently face jail time, firing or early retirement, economist McCarty said. The government is seeking to boost an economy that grew 5.25 % last year, the slowest pace in 13 years, according to the International Monetary Fund. Vietnamese banks have the highest levels of non-performing loans among 6 Southeast Asian countries covered by Fitch Ratings. The government set up the Vietnam Asset Management Company this year to buy bad debt from banks, and it may acquire as much as 150 trillion dong of non-performing loans by the end of 2014, Central bank Governor Nguyen Van Binh said this month. Small groups of shareholders with vested interests manipulate bank operations and "affect the whole system," Binh said in October 2012. Some Vietnamese lenders are controlled by individuals or small groups of shareholders who take out as much as 90 % of outstanding loans at some banks, Binh said at the time, vowing to crack down on violations. "State leadership is extremely aware that its performance with respect to economic governance is perceived as lackluster, and that there is deep concern in Vietnam about corruption," said Jonathan London, assistant professor at the City University of Hong Kong's Department of Asian and International Studies. "The measures that can really address corruption in an effective manner require a kind of infrastructural power that Vietnam's decentralized state apparatus has real trouble with," he said. (source: Business Standard) BAHAMAS: Call For Death Penalty After Man Convicted Of Mur
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Nov. 13 EGYPT: Morsi's son says his father to address Egyptian people soon; The son of ousted Islamist president Mohamed Morsi said Tuesday his father will issue a statement addressed to the Egyptian people The son of ousted Islamist president Mohamed Morsi said Tuesday his father will issue a statement addressed to the Egyptian people, according to a Muslim Brotherhood-run website. Osama Morsi did not say when the statement would be published or what it would focus on, reported the website of the Brotherhood's official newspaper, Freedom and Justice. He said the statement was drafted when a 5-member delegation representing the defence team of several Islamist leaders accused of killing protesters visited Morsi, one of the accused, in prison. Morsi, 62, who was toppled by the army in July after mass protests against his rule, is being tried for incitement to murder, which could result in the death penalty. In the 1st trial session last week, Morsi refused to recognise the court and declared he was still Egypt's legitimate president. The delegation, which includes Osama Morsi, has urged the former president to appoint a defence lawyer, something he has so far refused to do. Morsi had been held incommunicado by the army since his ouster on 3 July, but was sent to the heavily guarded Borg Al-Arab prison near the Mediterranean city of Alexandria on 4 November. The trial, which saw the first public sighting of the ousted president since his overthrow, was adjourned to 8 January. Last week, security officials allowed Morsi a family visit, the 1st since his removal. (source: Ahram Online) INDONESIA: Briton faces death penalty over Indonesia drugs charge A British woman is facing the death penalty after admitting trafficking 1.4kg (3lb) of crystal methamphetamine into Indonesia. Former police worker Andrea Waldeck, 43, from Gloucestershire, was arrested in her hotel room in Surabaya, East Java, in April. She told a court in the city that she had been coerced into bringing the drugs from China. Waldeck is due to appear at court again on 25 November for sentencing. Gloucestershire Police said the community support officer left the force in February 2012. The case comes as another British woman, Lindsay Sandiford, continues to fight against her death sentence for smuggling 4.8kg (10.6lb) of cocaine into the Indonesian island of Bali. The 57-year-old, from Cheltenham, lost her latest appeal in August and is now pursuing other legal avenues. Indonesia has some of the toughest anti-drug laws in the world but in practice death sentences are rarely carried out, says the BBC's Jonah Fisher in Bangkok. (source: BBC News) ISRAEL: The Case for the Death Penalty for Terrorists in Israel; Kerry calls out Israel's own weakness. Arabs have little reason to expect that law will be enforced and crime duly punished. Shock and outrage have resonated through the pro-Israel world after a thinly-veiled threat was directed at Israel by U.S. Secretary of State John Kerry last week. As part of the Obama Administration???s ongoing effort to strong-arm Israel into coughing up harmful concessions to the Palestinian Authority, Kerry warned that if the present negotiations fail Israel will face an "intifada" - the Arabic expression for a violent terrorist uprising. Traditionally, it has been the tactic of the Arabs to combine the threat of violence with diplomacy. The outrage in this instance stems from the sorry sight of the United States likewise stooping to the low level of threatening the lives of innocent Israeli civilians, in the name of "peace" no less. The danger, of course, is that the U.S. has now irresponsibly provided a motive and justification for an eruption of Arab violence. The core assumption in Secretary Kerry's remark is that Israel lacks the self-respect and confidence to carry out justice, and shall instead willingly suffer some measure of Palestinian-Arab terrorism. Though Kerry is certainly seeking to prey upon it, this is a weakness of Israel's own making. A bill must immediately be filed in the Knesset to institute capital punishment. Such a bill will serve 2 important purposes. 1) Even the mere prospect of its passage will command respect and deter the possibility of terrorist violence against Israel; and 2) It will launch an important conversation within Israeli government and society about one of the key reasons for the State's very existence - the protection of Jewish life. What Secretary Kerry has helped to highlight is that among Israel's most pressing domestic problems remains the systemic failure of justice and law enforcement in governing the Arab residents living within its jurisdiction. Israel does indeed have the ability to prosecute and punish crime. The prohibition against its actually doing so, however, is an informal but key aspect of the "peace process" that has been translated into ju
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Nov. 13 GAZA: Public opinion sways Gaza death penalty verdicts Although Palestinian society largely supports the death penalty against those who perpetrate premeditated serious crimes, there have been questions about the legality of accelerating the procedure for issuing death sentences. These sentences are sometimes issued within short periods of time, not exceeding a few months. This has raised fears that the courts have been influenced by public opinion and are not granting enough time for investigation and prosecution before issuing a sentence. There are concerns that Gaza's judiciary is being influenced by public opinion, obstructing defendants seeking to avoid a death penalty from receiving a fair trial. The most prominent of crimes that aroused public opinion in the Gaza Strip was the killing of young Elian Mohammed Telbani, the son of a well-known Gazan businessman who owns a cookie factory. As a result of this crime, popular pressure has been placed on the government and the judiciary, amid calls for speedy punishment of the perpetrators. Telbani, 26, of Deir al-Balah in the central Gaza Strip, was killed on July 13, when 5 armed men robbed his father's factory. His father was wounded during the robbery. By Aug. 28, the general prosecution had not issued any indictment against the accused in any court, according to Adel Khalifa, head of the Supreme Judicial Council and head of the Supreme Court. In a written statement distributed to the media then, Khalifa said, "I gave instructions to the head of the Court of First Instance to set a hearing for the trial as soon as it receives a list of charges against the accused. Up to this point, we have been waiting for the charges to be given to the general prosecution so that we can begin work on this case." Yet, less than 2 months later, on Oct. 24, the Court of First Instance in Khan Younis in the southern Gaza Strip issued a death sentence by hanging against 1 person convicted in the case, and issued sentences of life imprisonment with hard labor for the other 4 who were convicted. The short amount of time between the crime, the filing of an indictment and sentencing made lawyer Bakr al-Turkmani, legal adviser to the Aman Coalition for Integrity and Accountability, apprehensive about the speed with which this case was addressed, while other cases were postponed. "Public opinion usually affects criminal cases such as those involving murder and attacks. Thus, a judgment must be revised if its issuance is subject to pressure from the media or public opinion," Turkmani told Al-Monitor. He stressed that the media and public opinion should not influence the judiciary in any way, neither in terms of the mechanisms or special procedures for sentencing in Palestinian courts. They should not influence the decision of any case, whether positively or negatively. "Public opinion should not affect the judiciary, because this relates to standards of transparency, fairness and justice in litigation in the courts. We fear that this could be used as one of the ways to influence the judiciary, and thus in the end we have a judgment that does not apply standards of integrity and transparency," Turkmani added. Gaza Justice Minister Atallah Abu al-Sabah also said that public opinion influences the judiciary in some cases involving violent crimes and murder. This includes cases such as killing a money changer for his money or cases involving the murder and rape of a child. He pointed out that the case involving Telbani strongly attracted public opinion, making it necessary to remain resolute and take a firm decision. "Cases such as Telbani's require expediting, especially since the details of the crime are horrific. Instead of adjourning a hearing for 6 to 7 months, the case is addressed in only 2 to 3 weeks, while maintaining [the defendant's] rights in reading the files and processing in the courts, all the way to a final judgment," Sabah told Al-Monitor. Sabah claimed that the government felt that expediting these cases enhances and regulates security in the Gaza Strip, and reduces crime rates. "All we are doing is submitting one case before another, nothing more. There are cases that are more important and more heated than others, and thus we give priority to dealing with them," he added. Nafid Madhoun, dean of the Higher Institute of the Judiciary in Gaza, said, "Public opinion does not guide the judiciary; it [merely] influences the followed procedures. The state has the right to take into account public opinion within the limits of the law, and without subjecting [these cases] to violations." Speaking to Al-Monitor, Madhoun noted cases that attract public opinion are granted special procedures in the courts. In these cases, this period is shortened rather than postponing the hearing for a few months. Madhoun noted that the circumstances of the crime determine the nature of t
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Nov. 15 BANGLADESH: Death Sentence on Quader MollahPressure being created for quick execution Barrister Abdur Razzaq, chief defence counsel for the war crimes accused, yesterday said pressure was being created for quick execution of the Supreme Court’s death penalty verdict against Jamaat-e-Islami leader Abdul Quader Mollah for crimes in 1971. He raised the allegation while briefing reporters at Supreme Court Bar Association, but refused to say who were putting and facing the “pressure”. “No further comments on that,” he said. Razzaq said Quader Mollah would file a review petition with the SC against the verdict in 30 days after getting the certified copy of the judgement. Law will run its own course after the adjudication of the review petition, he added. If the SC rejects the review petition, the verdict cannot be executed before 21 days from the day of rejection, Razzaq said. “We hope to get all legal facilities.” On September 17, the SC awarded death penalty to Quader Mollah for committing crimes against humanity during the Liberation War. The court is yet to release the full verdict. Yesterday, Razzaq also termed “unprecedented” a tribunal’s move to conclude the proceedings of the war crimes case against Jamaat chief Motiur Rahman Nizami. The order was against the rule of law and inconsistent with law, he said. Against the backdrop of continuous failure of the defence counsels to appear in court, the International Crimes Tribunal-1 on Wednesday wrapped up the case against Nizami and kept it waiting for verdict any day, rejecting a petition for a further adjournment. (source: The Daily Star) IRAN: Director Ghobadi urge Iran to end executions of Kurds Kurdish director Bahman Ghobadi has written an open letter to Iran’s president Hassan Rouhani, urging him to stop the execution of Kurds. The letter, posted on Ghobadi’s official Facebook page, warns the Iranian leader that the on-going hangings could lead to more acts of violence. “Your election posters still hung on city walls when news of the hangings reached us, and the people’s hope turned to despair. The recent hangings have opened old wounds that come from years of torture,” writes Ghobadi. According to Kurdish media, Iranian authorities have hanged more than ten Kurdish political prisoners in just a few weeks, this has lead to international condemnation. “It feels like yesterday that you wished for the jails to be emptied of prisoners. But it seems that the process of emptying the jails was not on the basis of freeing the prisoners, but on sending them to the hanging ropes. Your talks about ending the question of ‘national security’ have turned out to be the same empty talks, rooted in publicity and harmful to the already damaged Iranian.” Ghobadi concluded his appeal by saying: “I ask you to stop the hangings and instead provide possibility for a just trial for all political prisoners. Do not mark an ambiguous and dangerous future for Iran through suppression and violence.” The independent filmmaker sought refuge in Iraq and then Turkey, three and a half years ago, and has been in exile since. Several actors and directors have had to flee Iran in order to pursue their art undisturbed. Ghobadi's first feature film was A Time for Drunken Horses (2000), the first Kurdish film produced in Iran. The film won the Caméra d'Or at the Cannes Film Festival. His second feature was Marooned in Iraq (2002), which brought him the Gold Plaque from the Chicago International Film Festival. His third feature, Turtles Can Fly, followed in 2004, winning the Glass Bear and Peace Film Award at the Berlin International Film Festival and the Golden Shell at the San Sebastian International Film Festival. In 2006, Ghobadi's Half Moon won the Golden Shell at the San Sebastian International Film Festival. Iran's renowned actors Golshifteh Farahani, Hassan Poorshirazi and Hedyeh Tehrani acted in this movie. The music of the movie was made by Iran's musician Hossein Alizadeh. The film, which was a collaborative project by Iran, France, Austria and Iraq, was shot fully in Iranian Kurdistan. However, it narrates the story of a group of Iranian Kurdish musicians who would like to travel to Iraqi Kurdistan and organize a concert there. In 2006, Index on Censorship gave Ghobadi an Index Film Award for making a significant contribution to freedom of expression through his film Turtles Can Fly. In May 2009, his film No One Knows About Persian Cats won an Un Certain Regard Special Jury Prize ex-aequo when it premiered at the Cannes Film Festival. This film chronicles the hardships facing young Iranian musicians seeking to evade censorship. (source: Firat News) EGYPT: Egypt to resume trials on December 11 The trial of the Muslim Brotherhood chief and his deputies on charges related to protest deaths will resume on December 11, judicial sources said yesterday, after the previ
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Nov. 16 VIET NAM: 2 get death as first of VN top corruption cases tried The Ho Chi Minh City People’s Court on Friday gave death penalty to two former company leaders who were among the 11 defendants in a serious corruption case that caused a total loss of over US$25 million to the State budget. This is one of the six most serious corruption cases scheduled to be tried beginning November. The case occurred in 2008-2009 at the Agribank Financial Leasing Company II (ALC II), under the Vietnam Bank for Agriculture and Rural Development (Agribank). One of the two men sentenced to death is Vu Quoc Hao, 58, the former ALC II general director. Hao was indicted with three charges: embezzlement; abusing his position and power while on duty; and intentionally isolating State regulations on economic management and causing serious consequences. The other is Dang Van Hai, 56, ex-chairman of the Board of Members of Quang Vinh Co Ltd, who is prosecuted for three offenses: swindling to appropriate assets; abusing his position and power while on duty; and intentionally isolating State regulations on economic management and causing serious consequences. The other nine defendants were sentenced from three to 14 years in prison. According to the indictment, Hao used his power and position to sign a number of financial leasing contracts to draw out as much as VND79.9 billion ($3.77 million) for his personal use. He was also alleged to appropriate VND3.9 billion from a contract signed with Anh Phuong Company in southern Dong Nai province. Meanwhile, Hai was found to have stolen 72.1 billion out of the VND373.6 billion granted by ALC II through eight credit contracts. He also extorted VND60.9 billion. The court ordered Hai and Hao to repay VND132 billion and VND80 billion respectively to ALC II. In addition, Hao, Hai and nine other defendants must be jointly responsible for returning VND30 billion to ALC II. (source: Tuoi Tre News) MALAYSIA: 'Over 190 Malaysians held overseas' Sabahan Yong Vui Kong may have escaped the gallows in Singapore, but Malaysians in his shoes caught as drug mules in other countries may not be so lucky. Indonesia and China, where 47 Malaysians were caught in 2011, impose the death penalty for drug trafficking. According to Bukit Aman, more than 190 Malaysians have been arrested overseas for being drug mules since 2011. Federal Narcotics Crime Investigation Department (NCID) director Comm Datuk Noor Rashid Ibrahim said the number of Malaysians caught as drug mules overseas averaged 50 each year. “In 2011 alone, 80 Malaysians were caught. Of the total, 31 were arrested in Indonesia, 16 in China and 10 in New Zealand,” he said, adding that the number dropped to 59 last year due to increased enforcement by police in co-operation with their foreign counterparts. Comm Noor Rashid said local drug mules were now focusing on Singapore where 32 Malaysians have been caught, the highest number, followed by 11 arrests in Indonesia and seven each in Australia and India. “The syndicate will often change their market based on the enforcement efforts of the respective countries,” he explained. Comm Noor Rashid said that so far this year, 57 arrests had been made with Singapore accounting for 21 of the suspects. He said drug syndicates often targeted Malaysians who were desperate, including debt-ridden and single mothers. “Last year, a single mother who was five months pregnant, was caught in Melbourne with heroin. The woman, who has four children, had swallowed 34 small caches of heroin,’’ he added. He said another case involved a Malaysian commercial airline pilot who was arrested in Sydney last year with syabu. Lately, he said the syndicates were targeting honeymooners, with a Sabah couple being arrested in Taiwan for smuggling 6kg of heroin. “The syndicates are adapting, and so are we,” he said. On Thursday, Vui Kong’s death sentence was commuted by the Singapore High Court due to amendments to the law. He was jailed for life and ordered to be given 15 strokes of the rotan. Vui Kong has been in death row since 2009 for trafficking in 47gm of diamorphine in 2007, which is a capital offence under Singapore’s Misuse of Drugs Act. (source: The Star) SCOTLAND: Remains of last man hanged in Scotland moved before prison closure Prison chiefs are in talks with the family of the last man to be hanged in Scotland as they prepare to move his remains. Henry John Burnett was executed at HMP Aberdeen, formerly known as Craiginches, on August 15, 1963 after being found guilty of murdering his lover's husband. The 21-year-old was the only man to be subjected to death by hanging at Craiginches, but with the site set to close in January, the Scottish Prison Service (SPS) are hoping to remove Henry's remains. Earlier this year prison bosses revealed they wanted to ask permission to move Henry's body and after tr
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Nov. 18 INDONESIAexecution Indonesia Executes Pakistani Drug Trafficker A Pakistani drug trafficker was executed by firing squad at a South Tangerang cemetery early Sunday morning in the fifth death sentence carried out by Indonesian authorities since the government announced a renewed push to execute those convicted of capital offenses. Muhammad Abdul Hafeez, 44, was executed by members of the National Police Mobile Brigade (Brimob) at 12:17 a.m. Sunday, Setia Untung Arimuladi, spokesman for legal affairs at the Attorney General’s Office, said. Hafeez was sentenced to death in a 2001 drug charge for attempting to smuggle more than one kilogram of heroin into Indonesia from Peshwar, Pakistan. Several attempts by Hafeez to appeal the verdict were denied, Setia said. “The convict made use of his right to demand clemency and a demand for a case review,” he said. “Both were not granted.” A religious official and team of doctors were on-location for the execution, Setia said. Indonesia carried out its first execution in four years in March, killing a Malawian national convicted of drug trafficking. In the months that followed four others were killed by firing squad. The AGO plans to execute 12 people this year, a move that prompted criticism from human rights activists and ran counter to statements made by President Susilo Bambang Yudhoyono expressing a want to soften some of the nation’s harsh laws. Yudhoyono said Indonesia’s commitment to capital punishment had put the country at odds with a global push to abolish the death penalty during a conversation with reporters in November of last year. The country has successfully saved more than 100 Indonesian nationals from death row abroad, but it routinely sentences citizens and foreign nationals to death in domestic courts. Last year 113 people were sentenced to death, most for drug offenses or homicide. The nation’s appeals process and requests for clemency made by death row inmates often makes capital punishment a distant threat for many convicts. But for twelve inmates identified by the AGO, all legal options had been exhausted. Adami Wilson, the Malawian drug trafficker, was executed in March. Three men convicted of murder, Swabhuana, Jurit and Ibrahim, were all executed in May. Additional executions will be scheduled as the legal process concludes on other death row inmates, Setia said. “Concerning those on death row for drug offenses who have not yet been executed, it is because, among other reasons, there are convicts who are still seeking legal recourse, such as appeals to demand a case review,” he said. Hafeez was the only drug trafficker scheduled for execution this month, Mahfud Manan, deputy attorney general for general crimes, said last week without providing further details. Human Rights Watch called for a moratorium on executions to bring the country in line with United Nations recommendations on the abolition of capital punishment. Indonesia issued a four-year moratorium in 2008 following the execution of Bali bombers Amrozi and Ali Ghufron that was only recently repealed. “We demand the government not to continue with its plan to execute the others defendants,” said Andreas Harsono, Indonesia researcher with HRW. “[In front of] the United Nations, Indonesia admitted to being a democracy-based country that respects humans rights. If [executions] are still being conducted then the government’s words are just nonsense.” Death-row inmates are killed by firing squad in Indonesia. They are typically informed of their impending death 72 hours before the execution and shot under the cover of darkness in a remote location. (source: Jakarta Globe) IRAQexecutions Iraq executes 12 amid international disquiet Iraqi authorities announced the execution of a dozen terrorism convicts yesterday, defying widespread international condemnation of the country’s use of the death penalty. The latest executions, carried out on Sunday, bring the number of people put to death by Iraq this year to about 144, compared to 129 last year. The prisoners executed on Sunday were all Iraqi men, a justice ministry official said, but gave no further details. Executions in Iraq, usually hangings, have risen this year despite persistent international criticism urging an Iraqi moratorium on capital punishment. In a statement issued on World Day Against the Death Penalty last month, the justice ministry said it had executed 42 convicts in one week. The executions have drawn condemnation from the European Union, the United Nations and rights groups. Navi Pillay, the UN human rights chief, said this year that Iraq’s criminal justice system was not functioning adequately. She highlighted “numerous convictions based on confessions obtained under torture and ill-treatment, a weak judiciary and trial proceedings that fall short of international standards”. But the Iraqi justic
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Nov. 19 BANGLADESH: HC upholds penalty of 1 of 5 condemned convicts In a major change to a trial court verdict, the High Court today acquitted 1 of the 5 condemned convicts and gave life term to 3 others in Saudi Embassy official Khalaf Al Ali murder case. The acquitted, Selim Chowdhury, is on the run while the rest 4 are behind the bars. The HC upheld the death sentence of Saiful Islam Mamun for killing the 45-year-old Saudi embassy official, who was shot dead near his Gulshan house on March 6 last year in the capital???s diplomatic enclave. On December 30 last year, a lower court sentenced death penalty to the 5 in the case. The HC bench of Justice Md Moinul Islam Chowdhury and Kazi Md Ezarul Haque Akondo came up with the verdict after hearing the death reference and the appeal filed by Amin, Khokon, Lalu and Mamun. In April, the case was transferred to the Speedy Trial Tribunal-4 from the Dhaka Metropolitan Sessions Judge???s Court for quick disposal as per a decision of the home ministry. (source: The Daily Star) SINGAPORE: 22-year-old found with bundles of heroin and 'Ice' faces death penalty A 22-year-old man, who was found with bundles of heroin and Ice in the rented sports car he was driving, was convicted of drug trafficking on Monday and now faces the death penalty. The case was adjourned for the court to determine whether Masoud Rahimi Mehrzad was merely a drug courier, which would give him a chance to be spared the gallows under new laws that came into effect this year. In May 2010, Central Narcotics Bureau officers tailed Masoud as he drove a rented Mazda RX8 from his flat to Bishan MRT station, where Malaysian Mogan Raj Terapadisamy got into the car. The 2 men then parted ways and were separately arrested. Masoud claimed in his defence that the drugs were planted in the car by an illegal moneylending syndicate who wanted to set him up because he was going to stop working for the group. But the High Court rejected his defence and convicted him of trafficking in 31.14g of heroin - the capital charge - and 77g of methamphetamine, commonly known as Ice. Mogan was also convicted of two non-capital charges of drug trafficking for handing the drugs to Masoud. (source: The Straits Times) CHINA: Man appeals, gets 2nd trial in toddler's death The man who was sentenced to death for grabbing a 2-year-old girl from a stroller and causing her death stood trial again on Tuesday. Han Lei got the death penalty for homicide in September at Beijing No 1 Intermediate People's Court. Beijing High People's Court heard the case on Tuesday, because some facts were unclear during the 1st trial. The girl died after Han and her mother argued over parking in Daxing district of Beijing in July. Han insisted that he did not mean to harm the child and appealed the conviction handed down by the intermediate court. He said what he did was not intentional and appealed to the higher court. Han's new lawyer for the second trial also said his client did that without intention. The court did not give the judgment during the trial. (source: ECNS.com) INDIA: Plea challenges Pratibha's clemency order in 4 rape, murder cases Any advice by govt. and consequent pardon were "vitiated by malice in fact and malice in law" The Supreme Court on Monday issued notice to the Centre on a writ petition challenging the orders passed by the then President, Pratibha Patil, granting clemency and commuting the death sentence to life imprisonment in four cases of rape and murder of three minor girls and beheading of 1 boy. A Bench of Chief Justice P. Sathasivam and Justices Ranjana Desai and Ranjan Gogoi issued the notice on a petition filed by Pinki Virani, whose counsel Shekar Naphade said the death penalty had been awarded to the convicts as all the four cases were "the rarest of rare." According to the petitioner, 2 of the convicts - Molai, a guard in a Central Jail, and Santosh, prisoner undergoing a sentence for an offence under Section 376 of the IPC - had togther raped and killed the Assistant Jailor's 16-year-old daughter, who had been alone in her house, and dumped the body into the jail's septic tank. Satish raped a 6-year-old girl, who was on her way to school. The next morning her body was found with blood in the private parts and strangulation marks on the neck; Bantu took a 5-year-old girlchild from a religious ceremony to a field, where he raped her and inserted stems of plant and sticks in her private parts in the most barbaric manner. The child died of profuse bleeding. Sushil Murmu chopped off the head of a 9-year-old boy as a religious sacrifice. Medical confirmation could not be had for sexual violation as the accused dumped the severed head in a gunny bag and threw it into a pond. Ms. Virani said the death sentence awarded by this court to the convicts was required to be re-instituted by exercising i
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Nov. 19 IRANexecution Prisoner hanged in Isfahan The Iranian regime hanged a prisoner on Sunday (November 17), in the central prison of the city of Isfahan. The 46-year-old prisoner was sentenced to death for killing a member of the State Security Forces (Police) that chased him. Meanwhile three Sunni prisoners in Rajaii Shahr Prison of Karaj have been sentenced to death for 'waging war against God.' The three were identified as Farshid Naseri, 26, Timour Naderizadeh, 48 and Barzan Nasrollah, 17. Prior to this, the revolutionary court in Tehran had issued death sentences for 26 Sunni prisoners. (source: NCRI) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Nov. 20 SINGAPORE: Singapore and the Death PenaltyA recent amendment saves one drug mule. But should death for drug crimes be ended altogether? Singapore's approach to combating drug trafficking has traditionally entailed the use of capital punishment. According to Amnesty International, over the last 2 decades Singapore has hanged hundreds of people - including dozens of foreigners - for narcotics offences. So it was a pleasant surprise for many last Thursday morning when the courts lifted the death penalty on a drug trafficker for the 1st time in its history. Yong Vui Kong, a Malaysian who was sentenced to hang in 2009, was spared after a judge ruled that Yong was merely a drug courier, rather than involved in the supply or distribution of narcotics. Credit for this positive change must go to the relentless efforts of human rights lawyer M Ravi, and to the amendments to the Misuse of Drugs Act, passed in parliament on November 2012. Under the original Act, capital punishment was mandatory if the accused was found to be in possession of the requisite quantity of drugs. There were no exemptions for minors under the age of 21 (although minors under the age of 18 and pregnant women are exempt). With the new reforms, courts can now impose a life imprisonment instead of a death sentence, if the accused is found to be "only a drug courier" or "suffering from such an abnormality of mind that it substantially impaired his mental responsibility for committing the offence." Despite the positive reforms, many Singaporeans are still calling for the total abolishment of capital punishment. Besides being ineffective at preventing crime, the policy is unfair to people from disadvantaged backgrounds and violates international human rights standards. The government's main reason for imposing the death penalty for drug trafficking is to send "a strong signal to would-be offenders, to deter them from committing crimes." However, there is little evidence that the death penalty acts as a successful deterrence against crime. For instance, researchers observed that Hong Kong experienced a drop in homicide rates in the 35 years after 1973, despite having abolished the death penalty in 1966. Similarly, another report by a committee of scientist from the US National Research Council who examined research on the death penalty across the past 35 years showed that it was "not informative about whether capital punishment decreases, increases, or has no effect" on crime rates. Put simply, the relationship between capital punishment and crime rates is inconclusive. Even with the harsh laws, drug-related crime statistics in Singapore remain high. According to the European Institute for Crime Prevention and Control in 2010, Singapore's drug-related crime rate is far worse than other countries such as Costa Rica and Turkey. The number of drugs seizures in Singapore has continued to increase in recent years. The Central Narcotics Bureau reported record seizures in 2012. The estimated street value of the drugs seized was S$18.3 million ($14.7 million), 14 percent higher than the S$16 million in 2011. This makes it hard to argue that the harsh laws have been effective at deterring drug trafficking and access to drugs. Moreover, much of the time it is the couriers instead of the masterminds who are being caught and sentenced to death for drug trafficking. Couriers are often poor, young, come from dysfunctional families, or have lower levels of educational attainment. According to the Global Commission on Drug Policy in 2011, the majority of arrests are of "low-ranking 'little fish' in the drug market" who are "most visible and easy to catch, and do not have the means to pay their way out of trouble." Singapore's Minister of Law, K. Shanmugam was revealing when he said that if the courier is exempted from death penalty, drug barons will "think the signal is that young and vulnerable traffickers will be spared and can be used as drug mules." This has 2 implications. First, the death penalty is ineffective in reducing drug trafficking as capturing couriers has "no impact on the scale or profitability of the (drug) market." Also, by putting to death those from mostly vulnerable groups who are exploited by drug traffickers, this policy is highly inequitable, raising serious human rights issues. While the legal reforms have enabled traffickers to escape death if they can prove that they are only a drug courier, practitioners in Singapore including M. Ravi have criticized the law for being unclear and vague. Prominent criminal lawyer Subhas Anandan also told Al Jazeera that it would be difficult to determine possession. "A person can only tell you so much, like who passed him the drugs. But the moment he is arrested and that third party disappears, how will that be satisfactory to anyone?" International human rights activists have criticized the use of the de
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Nov. 20 ZIMBABWE: Spear Murderer Spared Hangman's Noose An Inyathi man who speared and stoned his nephew to death escaped the hangman's noose on Monday when a High Court judge invoked a provision of the new Constitution which waives capital punishment. Everton Ndlovu, 26, was found guilty of murder with actual intent by Bulawayo High Court judge, Justice Martin Makonese, on circuit in Hwange for the murder of Cornelius Moyo in 2008. Murder with actual intent carries a capital punishment. Ndlovu was aged 20 when he killed Moyo while trying to restrain his brother Fanuel from fondling the breasts of his sister in law. Passing judgment, Justice Makonese said Ndlovu had the country's Supreme Law to thank for not being sent to the gallows. Chapter Four, Part Two, Section 48, Subsection 2 (c) of the new Constitution states that the death penalty must not be imposed on a person who was less than 21 years old when the offence was committed or anyone above 70. Ndlovu was then sentenced to 25 years in prison. The judge, however, said the court considered that despite the fact that the attack was pre-meditated, it was not in dispute that Ndlovu was intoxicated. Ndlovu and Moyo, who were in the company of their wives, along with Fanuel, his wife and the younger sister to Ndlovu's wife whom Fanuel fondled, were all highly intoxicated. They had consumed copious amounts of alcohol including 7 bottles of an alcoholic spirit, each measuring 750ml by the time they reached Lonely Mine in Inyathi from Bulawayo. Justice Makonese said perpetrators of violence were hiding behind intoxication to commit offences. The judge said none of the State witnesses' corroborated with Ndlovu's who also failed to explain why Moyo's body was found a distance away from their uncle's homestead. He said Ndlovu had lied that he was attacked by Moyo because he showed no signs of injury and also failed to justify why he was suddenly armed with a spear, log and iron bar when he had not planned to attack his nephew. In his defence, Ndlovu had said he and his wife fled from the scene near Lonely Mine because Moyo was attacking him with empty bottles of beer. State counsel Namatirai Ngwasha had called for capital punishment, telling the court how Fanuel Moyo fondled Eucalys Sibanda much to the chagrin of his late brother who rebuked him. The 2 exchanged harsh words and ended up fighting. They were, however, restrained by Ndlovu. Moyo then charged at Ndlovu accusing him of interfering in a private matter and a fight ensued between the 2. Ndlovu rushed home and armed himself with a spear, log, iron bar and stone and lay in ambush. He struck Moyo with a stone and he fell down upon which he stabbed him on the chest and pounded his head until he died due to excessive bleeding. Moyo suffered broken jaws, a broken leg, deep lacerations on the head, a deep cut on the throat and ruptured liver. (source: All Africa News) MALAYSIA: 5 Men Charged In Court For Possession Of 2.035Kg Syabu 5 suspects were charged in the Magistrate's Court here Wednesday for possession of 2.035kg Methamphetamine (syabu). The 5 - Vun Kon Fui, 34, a mechanic, Wah Kah Hee, 28 (mobile phone shop operator), Chia Tet Vun, 41, (car spare parts dealer), Ooi Then Leong, 33 (mobile phone shop operator) and Vun Su Khiong, 34 (contractor) - were charged of the offence on Nov 6 at Lot SD16, Lorong Mangga 1, BDS Industrial Estate, Jalan Kolombong, Inanam, at about 3pm. However, no plea was recorded from all the accused when the charges were read in front of High Court Senior Assistant Registrar, Dzul Elmy Yunus. All 5 were charged under Section 39B of the Dangerous Drugs Act 1952 which carries the mandatory death penalty in convicted. 1 of the 5 accused, Vun Kon Fui, is also facing 2 other charges for possession of 1,875.70 grammes of Methamphetamine and 50.50 grammes of Methamphetamine on Nov 6, at Lot SD16, Lorong Mangga 1, BDS Ind Estate, Jalan Kolombong, Inanam, at about 3pm. Vun Kon Fui, Chia Tet Vun, Ooi Then Leong and Vun Su Khiong were represented by PJ Perera and Wah Kah Hee by Chin Teck Ming while the prosecution was led by Inspector Lim Swee Beng. Meanwhile, Dzul Elmy set Jan 20, 2014 for re-mention of the case. (source: Bernama) PAKISTAN: Strong evidence against Musharraf in treason case The punishment for Pakistan's former military ruler Pervez Musharraf can either be death penalty or life imprisonment as there was strong evidence against him in the treason case, Pakistan's attorney general Munir A Malik said on Wednesday. The treason trial which will be the 1st of its kind in Pakistan relates to the imposition of emergency rule by Musharraf on 3 November 2007. Talking to reporters in Islamabad, Malik said that the Federal Investigation Agency (FIA) could arrest Musharraf with the registration of a complaint against him in the special court which was formed for
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Nov. 22 UNITED KINGDOM: Criminal Justice students debate death penalty Criminal Justice students have taken part in 2 events recently with a focus on the death penalty, including a death penalty debate with a panel made up of representatives from the legal profession, an LJMU Alumna, and campaigning organisations. The 1st event was a talk by Mark George QC, who gave students an introduction to the death penalty in the USA, explaining the key issues in capital cases, including race, poverty, poor lawyers, mental health issues, and factual innocence. Mark, a senior criminal defence practitioner at Garden Court North Chambers in Manchester, also talked about the politics and economics of a decision to seek the death penalty and the crucial role of jury selection and the importance of making a thorough investigation of the client's background to avoid a death sentence. Mark was joined by Kayleigh Astley, who spoke about her recent internship with the Amicus project. The talks acted as an interesting fact-finding precursor to a death penalty debate for Level 5 Criminal Justice and Criminal Justice and Forensic Psychology students studying the Punishment and Sentencing Module. The purpose of the debate was to develop different perspectives on death penalty and increase ability to engage in a debate. The panel for the Death Penalty Debate was made up of Dr Andrew Green from the Innocence Project, Ben McCrorie, a Special Projects Manager in the Chief Executive's Office at Cheshire Probation, LJMU School of Law graduate Charlotte McRae, a Junior Paralegal at DWF LLP, Ian McParland, the Chaplain for Liverpool Universities, Dr Matthew Millings, Senior Lecturer from LJMU, and John Taft, who has served a 14 year prison sentence for murder and is campaigning to clear his name. Students submitted questions and a lively debate ensued in which the panel, often citing personal experiences of crime and punishment, discussed the pros and cons of capital punishment. Feedback from both the panel and students was incredibly positive. Charlotte McCrae said: "The session today provided a brilliant insight into the world of those facing Death Row. The presentation delivered by Mark George QC was fascinating and highlighted the issues faced by those involved in Capital Trials, including the difficulties in funding and the perils of instructing inexperienced and incompetent lawyers. In the debate that followed, it was interesting to hear the views from the students and the varied panel. I also noticed at the end of the session that students were eager to find out more about how they could be involved in various projects. Any unusual experience such as this really stands out on a training contract application and is great for personal development so I would urge students to follow up any opportunities that were presented to them today." Ben McCrorie added: "The opportunity to be involved in the debate on the death penalty for the second year was one I was delighted to take up. As with last year's the debate the opportunity to discuss such an emotive subject with students, other professionals and peers was a fascinating and thought provoking experience. The students, as always, applied themselves well in debating a complex issue with some very interesting questions being asked on the role of faith groups in rehabilitation and the cost of imprisonment. I was pleased that the debate allowed for a wider discussion on sentencing and the criminal justice system and I hope the students found it as useful an experience as I did." The sessions will be followed up with a Criminal Justice networking event on Thursday 28 November 2013 between 2.30 and 4.00pm, in Room 523, Redmonds Building. Students from any degree are invited to attend to network with employers and find out about careers and voluntary opportunities with a range of organisations, including Victim Support, Sefton CVS - Offender Management Programme, Addaction, YMCA, Merseyside Police, Genie in the Gutter, Catch 22, Citizens Advice Bureau, Live at Ease, Basement Advisory Service and LJMU Postgraduate Study. (source: Liverpool John Moores University) INDIA: Youth gets death penalty for raping, murdering minor A 23-year-old youth has been sentenced to death penalty for raping and murdering his minor neighbour after inflicting head injuries by a Delhi court which said he was a "menace" to the society and "does not deserve to be kept alive". Additional Sessions Judge Virender Bhat directed that convict Bharat Kumar be hanged till death as the case falls in the category of rarest of rare and refused to award him lesser punishment, saying rape and murder cases in the country were on the rise and if he is spared the gallows, it would encourage other rapists to kill the victims to escape being caught. "It (this crime) is a combination of 2 distinct heinous offences calling for the capital punis
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Nov. 23 INDIA: Man to hang for minor's rape, murder A trial court has awarded death penalty to a 23-year-old youth for raping and brutally murdering his minor neighbour saying the convict is a menace to the society and "does not deserve to be alive". Additional sessions judge Virender Bhat ordered death penalty for Bharat Kumar and refused to award him lesser punishment, saying rape and murder cases in the country were on the rise and if he is spared the gallows, it would encourage other rapists to kill victims to escape being caught. "It (this crime) is a combination of 2 distinct heinous offences calling for the capital punishment. Perpetrators of crimes like rape and murder forfeit their right to live. Life imprisonment is highly inadequate in these cases and there is no alternative but to impose death sentence. These criminals are a menace to the society and they don't deserve to be kept alive," the court said. It further said that the crime committed by Kumar falls in the category of rarest of rare cases which shake the conscience of society and calls for harshest punishment. (source: The Times of India) *** Aarushi Talwar murder trial: Verdict expected on Nov. 25Nupur and Rajesh Talwar are on trial in India, accused of murdering their only child and cook. Judgment is expected Nov. 25. A New Delhi couple accused of slashing the throats of their 13-year-old daughter and live-in cook find out their fate Monday, when one of India's most controversial and high-profile murder trials comes to an end. Rajesh Talwar and his wife Nupur, both dentists, are accused of killing their only child Aarushi and their 45-year-old male cook, Hemraj Banjade, 5 years ago. In a case marked by contradictory evidence and bungled investigations, India's central investigative agency, the CBI, has variously labelled the murders as honour killings (premeditated) or as being carried out in a fit of rage (impromptu). According to the CBI's version, Rajesh, 49, came across both of them in the girl's bedroom. They were either about to have sex or were in the middle of it. This was the "grave and sudden provocation" that led Rajesh to kill them with his golf club and slit their necks with a dental scalpel. Rajesh and Nupur, 48, then dragged the cook upstairs to the roof terrace to hide his body, the CBI says. They cleaned the cook's blood from the crime scene. On Nov. 12, lawyers for Nupur and Rajesh finished final arguments in a CBI court - a district-level court set up to hear cases prosecuted by the CBI. Their case was being "fast-tracked," which is why it has taken 17 months to come to this point. Most trials take years. Accused Nupur Talwar is my cousin. Earlier this year, a detailed account of the murder, the bungled investigations and the trial appeared in these pages and online at www.thestar.com/aarushi . If Nupur and her husband are found guilty, they face life behind bars or the death penalty. "The only thing we have on our side, the only weapon, is the truth," she told me a few days ago. "The biggest thing is we know we're innocent." Here is how the accusation breaks down: --The motive: The 2 victims were said to be indulging in a sexual act. How did prosecutors come to this conclusion? A doctor who conducted the post-mortem on Hemraj told the court that the dead man's erect penis was evidence of sexual activity. This knowledge, he said, was based on his experience as a married man. Science says otherwise. Another doctor who conducted Aarushi's autopsyoriginally marked her genital area: "nothing abnormal detected." Some 18 months later, with no additional investigation, he changed that report. Her "hymen was ruptured and healed (old)," he said, implying a virginity long lost. Her vagina looked like it was cleaned up, he said, implying the parents were trying to wipe out signs of sexual activity to preserve their own "honour." He said later her vagina was wide, so wide that he could see the canal inside, something a gynecologist for the defence called a medical impossibility. Defence counsel Tanveer Ahmed Mir called the testimony of two doctors "medical blasphemy." "Even if she had been in an inappropriate relationship with Hemraj," says Nupur, "we would have fired him and had a talk with her." --The weapons: The golf club was first named the weapon in a crime-scene analysis report. Written 17 months after the murders, the report was based on 14 photographs of the crime scene, not the crime scene itself. There were no golf clubs in any of the photos. The clubs were seized for examination only after the report was published. The CBI has admitted the clubs had no blood or DNA to link them to the murders. The dental scalpel was never presented. In their closing arguments, prosecutors introduced the possibility of the sharp weapon being a kitchen knife (also never presented). --The evidence: "Our
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Nov. 24 INDIA: Former CBI official says he did not record Perarivalan's confession verbatim"It will be miscarriage of justice if extreme penalty is carried out" A documentary released by the People's Movement Against Death Penalty (PMADP) here on Saturday claimed that the Central Bureau of Investigation (CBI) had failed to record verbatim the confessional statement of A.G. Perarivalan alias Arivu, the convict facing death penalty in the Rajiv Gandhi assassination case. The shocking but delayed revelation was based on the interview of a former Superintendent of Police of the CBI who admitted that he failed to record verbatim the confessional statement of Perarivalan. V. Thiagarajan IPS (retired) who was the then CBI SP of the Kerala Branch said he was assigned the task of recording the statement of accused persons in 1991. "Arivu told me that he did not know why they asked him to buy that [the battery]. But I did not record that in the confessional statement. Then the investigation was in progress, so that particular statement I did not record. Strictly speaking, law expects you to record a statement verbatim... we don't do that in practice," he said. He said Sivarasan, one of the prime suspects, had sent a message to the Liberation Tigers of Tamil Eelam headquarters that the plot to kill Gandhi was not shared with anybody. "It excludes the prior knowledge of everybody else, except Nalini, that Gandhi was going to be assassinated... this is a very solid, uncontested and unchallengeable evidence." There was subsequent internal evidence to clearly say that Arivu had no prior knowledge that Gandhi was going to be killed. "If he did not know that there was going to be a killing, how can you make him party to the killing. It is illogical, it is against the evidence on record. Therefore, you look at it from any angle it will be miscarriage of justice if the extreme penalty is carried out," he said. Mr. Thiagarajan went on to explain that though he felt this before, he could not do anything at that stage. With regard to Arivu in particular, he always felt "a little uneasy" that the confessional statement was not appreciated the way it should have been. "Superficially they took it and jumped to the conclusion... they took a strong view that Arivu knew of the killing and he bought the battery. That is not the truth. We cannot speculate, it is very dangerous to speculate." Former Supreme Court Judge Justice K.T. Thomas who delivered judgement in the case has also opposed capital punishment. He said if the capital punishment is implemented, it would mean two punishments for one offence, which India cannot afford. Former Supreme Court Judge V.R. Krishna Iyer who heads the PMADP made an appeal to the Government of India against executing any person in the name of Rajiv Gandhi. "Whenever there is a suspicion, please don't execute," he said. (source: The Hindu) MALAYSIA: Legal killing When Baby Freddie was kidnapped from his home three weeks ago, I felt a knot in my stomach and bile in my mouth. To take a child like that from his mother was a crime so heinous that I felt an urge to see the kidnappers suffer for what they had done. And a hanging was too good for them but that's what they deserved. Coincidentally, just the day before, the newspapers had reported that another set of kidnappers were sentenced to death after being found guilty of abductions in 2011, so such a punishment was within the law. Except I don't believe in the death penalty. I do accept that it's part of the law. The Federal Constitution makes it clear that the law can take the life of a citizen, and the death penalty is mandatory for some offences, including murder and drug trafficking. Other offences such as kidnapping for ransom leave it to the discretion of the judge. How effective is the death penalty in deterring crime? Amnesty International Malaysia showcased this stage play based on the story of Yong Vui Kong, a Malaysian sentenced to death in Singapore for drug trafficking (he escaped this when the law in Singapore changed). As of October 2012, more than 900 people are currently in Malaysian jails awaiting the death penalty, and 675 of them are on drug-related charges. As a percentage of the population, this is small, but for each individual it's literally their life. I remember growing up watching the anti-drugs advertisements on TV highlighting the death sentence, and it did make an impact on me. I remember thinking that people who traffic and sell drugs are indirectly killing innocent addicts and that those that deal out death should be rightly punished so. Yet, with maturity comes an understanding that things are not always so clear-cut. Not all traffickers are inherently evil and for some people, a death sentence is a sad full stop to a life marred by too many bad choices. People must take responsibility of their individual actio
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Nov. 25 BANGLADESH: Man gets death penalty for killing wife in Gazipur Court also fines convict Tk50,000 but set free his mother Sheuly, 40, as allegations against her were not proven A Gazipur court yesterday sentenced a husband to death for the killing his wife over unpaid dowry. District Judge of Woman and Child Repression Control Tribunal Fatema Nazib announced the verdict in presence of the convict Jahangir Hossain, 25, who hailed from Bardia village, Kapasia upazila of the district. The court also fined the convict Tk50,000 but set free his mother Sheuly, 40, as allegations against her were not proven. The victim Nasima Begum of Bir Uzuli village of the same upazila was married to Jahangir in 2011. After a few days of their marriage, Jahangir sent back Nasima to her father's house demanding dowry. Later, Jahangir took back Nasima on August 6, 2011, when doctors declared her pregnant. However, Jahangir strangled Nasima to death at one stage of an altercation regarding dowry. After the incident, Iman Ali, father of the victim, filed a case with the Kapasia police station under the Woman and Child Repression Act accusing Jahangir and his parents. On August 18, Kapasia police arrested prime accused Jahangir and produced him before the court of Senior Judicial Magistrate Sabia Sultana. Later, Sub-Inspector Sanwar Jahan pressed charge sheet against Jahangir and his mother. Meanwhile, Iman Ali, father of the victim expressed his content in the verdict. (source: Dhaka Tribune) *** Death Penalty for MollahFull SC verdict soon The full text of the Supreme Court judgment awarding death penalty to Jamaat-e-Islami leader Abdul Quader Mollah for war crimes is likely to be released within a few days. All the 5 apex court judges, who delivered the verdict by a majority view, have completed writing their parts of the judgement, court sources said, adding those will be compiled into a full-text verdict. The release of the SC verdict may clear the way for its execution, SC sources said. The 5-member bench of the Appellate Division headed by Chief Justice Md Muzammel Hossain on September 17 sentenced the Jamaat assistant secretary general to death, overruling his life imprisonment awarded by the International Crimes Tribunal. The government will execute the SC verdict as per the International Crimes (Tribunals) Act immediately after its certified copy is released, Attorney General Mahbubey Alam told The Daily Star. The judges are to sign the "order of the court" now if they have finished writing the verdict, he said, adding the remaining formalities to release the verdict might take another 1 or 2 days. Mahbubey Alam added there was no scope for a review petition as per the Tribunals Act, 1973, under which Quader Mollah had been convicted. Tajul Islam, a lawyer of the Jamaat leader, said the SC would decide whether his client's review petition was acceptable or not. "Of course, Abdul Quader Mollah has right to file a petition with the Supreme Court, seeking review of the verdict against him," he said, adding that the defence would file a review petition in 30 days after receiving the certified copy of the verdict. The SC condemned Quader Mollah to death for killing Hajrat Ali Laskar, his wife, 3 daughters and his 2-year-old son on March 26, 1971 in Mirpur, Dhaka. 1 of the 3 daughters was raped. His eldest daughter was also raped but she survived and testified in the court against Mollah. In February, the ICT also found Quader Mollah guilty of this charge but sentenced him to life imprisonment. (source: The Daily Star) MALAYSIA: Malaysian court adjourns hearing on 2 death-row RI workers A panel of judges at Malaysia's Court of Appeal in Putrajaya, outside Kuala Lumpur, has decided to adjourn the appeal petition hearing of two Indonesian workers who have been declared guilty of murder and sentenced to death by a lower court. The judges decided to adjourn the hearing until Jan. 28, 2014 as they said they had not yet thoroughly studied the defendants' appeal petition although the petition had been sent to the court on Aug. 1, according to a statement by the Indonesian Embassy in Kuala Lumpur, Malaysia, made available to The Jakarta Post on Monday. The defendants' lawyers urged the judges to allow the hearing to proceed with verbal explanations on the appeal petition that would be conducted by the legal team. The panel of judges rejected this, however, saying that they were afraid the hearing could be "unjust and unfair" if all the judges had not read the whole petition thoroughly beforehand, the statement added. On Oct. 18, 2012, the Shah Alam High Court declared Frans Hiu, 22, and his brother Dharry Frully, 20, guilty of the murder of Malaysian citizen Kharti Raja on Dec. 3, 2010 and sentenced both to death. "The embassy and the retained legal team are confident the defendants can es
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Nov. 25 KUWAIT: Death penalty upheld for Kuwaiti royal Kuwait's supreme court has upheld a death sentence for a member of the Gulf state's ruling family convicted of killing his nephew, also a royal. Sheikh Faisal Abdullah Al-Sabah was convicted of shooting Sheikh Basel Salem Al-Sabah to death at the latter's palace in June 2010, apparently over a dispute on board membership at a sports club. The sentence is final but can be commuted to life in jail by the emir of the Gulf state where executions are carried out by hanging. Sheikh Basel was the grandson of the late former emir Sheikh Sabah Salem Al-Sabah and the son of late minister of defence and interior Sheikh Salem Al-Sabah. Courts in Kuwait, which has an elected parliament and a vibrant political life, have in the past handed down death sentences to members of the Al-Sabah ruling family. Kuwait resumed executions earlier this year after a moratorium since 2007. Around 50 prisoners are currently on death row. (source: MSN) CHINA: Court states fraudster's death penalty 'reasonable' The conviction of the executed fraudster Zeng Chengjie, which caused national uproar, is legal and reasonable, said a statement published on the website of the Supreme People's Court (SPC) on Monday. Zeng, who was executed in July, had caused severe disorder to financial markets as well as influencing social stability. The case was reviewed and the sentence was approved by law, the statement said. Zeng, a real estate developer in Jishou, Hunan Province, was convicted in 2011 for the fraudulent fund-raising of sums of up to 3.45 billion yuan ($562 million) causing losses of some 600 million yuan. Zeng's execution has been questioned because the court allegedly failed to inform Zeng's family of the date of execution so his family could not see him before sentence was carried out, Zeng's daughter told the Global Times previously. The court said that there were no up-to-date records for the family. The SPC revealed that Zeng's illegal fund-raising led to one victim, Wu Anying, setting fire to herself, sustaining serious burns. There were also three mass protests. In 2008, over 10,000 people gathered at a rail station in Jishou and later thousands of people besieged the Jishou government offices. More than 16,000 similar cases have been discovered since 2008, saving economic losses of nearly 50 billion yuan, according to a statement released after the meeting. It said that the number of illegal fundraising cases handled in 2012 was 79 % higher than those of 2011. In both years more than 30 % of suspects tried were sentenced to severe penalties. (source: Global Times) NIGERIA: Delta State Lawmaker Upholds Death Penalty Law The Speaker of the Delta State House of Assembly, Victor Ochei, has said that the capital punishment law passed in the state is achieving its deterrence purpose. On Channels Television's programme, Sunrise Daily, on Monday, the Speaker said that since the law was passed the rate of kidnapping the state had reduced. He pointed out that it was not possible to completely rid the society of crime, but emphasised that such laws were necessary to put a check to crime and ensure security of lives and property. "The capital punishment has achieved its aim of deterrence and putting the law in place is just an extra mile we had to go to put deterrence to crime." He explained that the law did not only recommend death penalty but also had other intricacies that would involve everybody in the state in making sure that the communities were secured. "Part of the law, as passed by the State House of Assembly, stipulates that the owner of any building used by kidnappers to keep hostages would lose the house if the suspected kidnappers were found guilty. "Security is for everybody and traditional rulers have been tasked with ensuring that communities under their control identify individuals living in the communities," he explained. On the issue of Crude Oil Theft, which has gained international interest as it was cutting deep into Nigeria's revenue, Mr Ochei stated that the State Assembly could not mad laws that would check the trend, saying that "issues on Crude Oil are exclusive to the National Assembly:. The speaker, however, stressed the need to breakdown the exclusive list to allow the state handle issues that directly affect it. The Governor of the State, Emmanuel Uduaghan, had at an investors meeting in London few days ago, called on stakeholders in the oil sector to assist in checking Crude Oil Theft, explaining that only experts with vast knowledge in mining could be involved in the crime. (source: ChannelsTV.com) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~
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Nov. 25 SOUTH SUDAN: South Sudan Death Penalty Criticized Batisio Uliny, a Student from Bahr el Ghazal University said death penalty is unacceptable and the system should consider other types of punishment. [Gurtong]Led by Batisio Uliny, a student at the College of Economic and Social Studies, the students said the system of death penalty in South Sudan is unacceptable and the system should consider other types of punishment where the nation will benefit out of their labour instead of sentencing culprits to death. He said that economically, the human labour of the man or woman sentenced to death is useful to the poor nation with poor food security as every man and woman has the right to life according to international law. He said instead of sentencing the convicted criminal to life imprisonment, we should invest in agricultural activities like growing artificial forest to replace the natural forest that had been destroyed in search for living, growing food stuff to fight famine that has characterized the country for many years, roads are very poor and some are even impassable which could only be constructed by the labour from the prisoners who are sentenced to death. He said the recurring conflict between families, clans and tribes will never stop as more and more revenge is planned by the parties involved. "Legally, it has a setback on the legal administrators like the judges, magistrates, prosecutors who actively participated in the prosecution of the said law that sentenced the convicted person to death as the relatives and friends of the convicted person to death will in turn find ways of putting the life of those administrators to death or deform them for the case or court ruling their brothers and sisters," he said. Uliny said this creates fear and confusion in the legal system of the country. "If the country could not be a single party nation, then these could provide a good percent of voters during the country general elections, but then the public does not mind about whose voters, life are being laid to rest idle under surface of the earth without any question being raised by public," he pointed out. He said that if South Sudan constitutional review committees are wise, then they should eliminate the article that stipulates on offences of a certain nature committed by and replace those articles for the convicted offender to be channelled to work in government firms, factors, and industries. Meanwhile, a student from the same college named Charles Nyiyuo Amok supports the death punishment in the young nation. He said death punishment in young nation is something under debate in the country that he has taken his position to tell the public that death penalty must continue for a number of years. Amok said it would have been fair if the world could say he who kills a person will be sentenced to life imprisonment with hard labour to the family of the deceased. In November 2012, South Sudan supported a moratorium on death penalty during the UN General Assembly???s Third Committee in New York where they adopted the resolution by 110 votes in favour, 39 against and 36 abstentions. The resolution drew new support from Central African Republic, Niger, Tunisia and South Sudan. In September, amid recent spate of executions, the South Sudan Law Society (SSLS) called for an end to capital punishment and the abolishing of death penalty. More than 200 prisoners on death row at Juba Central Prison in South Sudan are waiting for execution according to SSLS officials. The SSLS said that 8 men have been executed in South Sudan since the country gained independence in 2011 with 2 men being hanged in August this year. SSLS said that the vast majority of people being sentenced to death in South Sudan cannot afford legal services and there is no functioning system of legal aid. Without counsel, defendants are unable to challenge evidence and to call and prepare witnesses in their defence. SSLS referred to the death penalty judgment as "unfair" in the country and stated that; "since the right to counsel is a fundamental element of a fair trial, the Supreme Court should refuse to confirm death sentences of people who have not had legal representation." If government proves reluctant to initiate reform, SSLS has called for the civil society to take a lead on the move. It has also called for the South Sudan Constitutional Review Commission to prioritise the issue during the amendment of the permanent constitution exercise. With this trend of execution, SSLS says that South Sudan becomes one of the active world countries exercising death penalty joining Iraq, Gambia among others. The Human Right Watch last year launched a report depicting deplorable conditions in the prisons in the country. (source: Oye! Times) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://
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Nov. 26 UNITED ARAB EMIRATES: Worker could face death sentence over 0.8g of opium; Suspect accused of intending to promote drug to others Drugs prosecutors are seeking the death penalty for a worker accused of possessing 0.8 grams of opium for promotional purposes. The 35-year-old Iranian worker, S.S., was said to have possessed a green plastic pouch containing less than one gram of opium, which he intended to promote to others. Prosecutors have asked for the implementation of article 48 of the anti-narcotics law, which stipulates that a suspect who possesses drugs for promotional purposes could face the death sentence or life imprisonment. "Yes, I possessed the opium for my personal consumption and not for promotional purposes or trading," said S.S. before the Dubai Court of First Instance on Tuesday. According to the charge sheet the defendant possessed drugs for promotional purposes and took morphine and codeine. The defendant confessed to taking drugs. When asked by presiding judge Mohammad Jamal if he was capable of hiring a lawyer, S.S. replied: "I cannot do so." An Emirati anti-narcotics policeman testified that an informant - the suspect's neighbour - told them that the Iranian suspect possessed drugs that he intended to promote to others. "Drugs prosecutors provided us with a search and arrest warrant and allowed us to arrest the suspect in a sting operation. A police team headed towards the defendant's home in Naif. The informant was the suspect's neighbour and lived in the same building. I was present with the informant when he called S.S. and asked him to meet us in front of the building. When the defendant came the informant asked him if he had any drugs. The Iranian said he would provide him with a piece of opium for Dh500 and would provide him with another piece later. Member of the police squad raided the place and arrested the defendant. Police seized the opium piece hidden in his pocket," said the policeman. Prosecution records said the defendant tested positive for drugs. An Emirati anti-narcotics lieutenant told prosecutors that he committed a human error when he mistakenly wrote the incorrect time of the suspect's arrest in the police report. Presiding judge Jamal said the court will appoint a lawyer to defend S.S. when it reconvenes on December 17. Murderers to face firing squad in DubaiDubai's highest court upholds death sentence against duo who killed compatriot 2 Bangladeshi men who killed their compatriot and stole his cigarettes have lost their appeal and will face a firing squad. On Monday the 2 defendants, 27-year-old M.G. and 22-year-old R.N., failed to convince the Dubai Cassation Court to reduce their sentence after contending they killed the victim in self-defence. Court records said the defendants planned the murder and lured the victim, identified as Rahimuldeen, to meet them in a sandy spot behind their labour accommodation in Al Rashidiya. They then battered his head with a metal rod and a concrete block. They also kicked and beat him until they were sure he was dead. The defendants also stole Rahimuldeen's cigarettes, mobile phone and wallet. A 3rd Bangladeshi suspect, R.A., was cleared of involvement in the murder. "I assaulted him but that was in self-defence. I defended myself after we exchanged blows. He attacked me first and I hit him back," said M.G., who records said suffered an injury to his left arm. R.N. pleaded not guilty citing self-defence. R.A. denied any involvement in the murder or theft. Financial dispute According to court records, the victim's brother, S.A., said the murder was discovered after a financial dispute as M.G. owed his brother Dh3,500. "Rahimuldeen lent M.G. money that the latter failed to pay back within 2 months. I saw them fighting once when we were in the market. They also fought a 2nd time in the room which we shared. I was worried when my brother did not return from his night shift. His mobile phone was switched off. M.G. answered in a suspicious manner when I asked him about my brother's whereabouts. M.G. didn't participate with us in searching for my brother. Rahimuldeen's body was discovered behind the accommodation," S.A. said. Court records said investigations led to the arrest of the 3 defendants. During prosecution and police questioning, the defendants confessed that they fought with Rahimuldeen and beat him. The defendant's court-appointed lawyers contended their clients did not intend to murder their victim. They asked the court to modify the charges from murder to assault which led to Rahimuldeen's death. (source for both: Gulf News) JAPAN: Death penalty to stand in 2005 Hyogo killings The Supreme Court rejected an appeal Monday by a 47-year-old man who was sentenced to death for killing 2 women and dismembering their corpses in Hyogo Prefecture in 2005. The Supreme Court's No. 1 Pet
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Nov. 26 INDIA: Indian dentist couple handed life sentence for killing daughter An Indian court sentenced a dentist couple to life in prison on Tuesday for the murder of their 14-year-old daughter and a Nepalese servant 5 years ago, concluding a sensational trial that has sharply divided public opinion. The Central Bureau of Investigation (CBI), India's federal detective agency, had sought the death penalty for Rajesh and Nupur Talwar. The couple will appeal against the guilty verdict handed down by the same local court on Monday. Their daughter Aarushi was found with her throat slit at the family home in Noida, an affluent town of new shopping malls and offices near Delhi, in 2008. Suspicion fell on family servant Hemraj, but his body was found at the property the next day. Early in the investigation, police alleged Rajesh had murdered Aarushi and Hemraj in a rage after finding them in a compromising situation. It was the kind of crime more often associated with rural parts of India where "honour killings" are not uncommon than with a successful, middle class family living near the capital - helping to explain the huge interest it has generated. The Talwars deny the murder and blame sensational media coverage for demonising them and damaging their defence. The initial police investigation was widely criticised, prompting the CBI to take over the case. It based its prosecution largely on circumstantial evidence, but said it was enough to prove that the couple had committed the crime. The Talwars' lawyers highlighted the lack of hard evidence. One of them, Rebecca John, told the CNN-IBN news channel: "This is nothing but a witch hunt." (source: Reuters) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Nov. 27 INDIA: NIA seeks death penalty for Italian marines who killed 2 Indian fishermen The National Investigation Agency (NIA), probing the case against 2 Italian Marines for killing 2 Kerala fishermen, has recommended that they be charged under an Act that mandates the death penalty. The NIA sent a report seeking sanction for prosecution to the union ministry of home affairs (MHA) on Monday despite repeated entreaties from the ministry of external affairs (MEA) seeking a lesser charge. The MHA, NIA and the MEA confirmed to HT that the report seeking sanction for prosecution was received on Monday evening. Earlier Salman Khurshid, the minister for external affairs had assured the Italian government that the two marines would not be charged with death penalty. Khurshid made this commitment after the marines went home on bail and the refused to return to India. 2 Italian marines, serving as security guards on an Italian-flagged oil tanker Enrica Lexie had shot dead 2 Indian fishermen about 20 nautical miles off Kerala in February last year. The lawyers of the marines, Massimiliano Latorre and, say their clients mistook the fishermen for pirates and fired warning shots into the water. The 2 marines do not admit killing anyone or aiming directly at the fishing boat. At the heart of the furious debate between the 2 ministries is a specific law that was passed in 2002. The "Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf' Act (SUA) is clear that if anyone causes death, then they will be awarded with a death penalty. This is stated in clause 3 (g) (i) of the Act which states: "causes death to any person shall be punished with death." The MEA is keen to resolve the issue and ensure that the marines are not prosecuted under the Act because the courts may award them death penalty. This would be a violation of the commitment made by Khurshid, which they state, is as good as a sovereign guarantee. But the NIA and the MHA differ and in the files that have gone back and forth, they state that the prerogative to decide the marines' fate is left to the Indian courts. "There is also a legal tangle here because the killing of the Kerala fishermen occurred at sea, just beyond India's territorial claims which extend up to 12 nautical miles (NM)," a senior MHA official familiar with the issue told HT on the condition of anonymity. India's exclusive economic zone extends from 12 NM to 200 NM and the SU Act 2002 applies to this area. "Our logic is that by killing the fishermen, the marines committed an act that jeopardised navigation. Since this was death, they are liable to be charged with an Act that also mandates the death penalty," an NIA official dealing with the case told HT. Incidentally, the SUA Act also conforms to the UN conventions and laws of the sea. Sources in the NIA and MHA confirmed to HT that they will stand by their position on prosecuting the Italian marines under this Act. After the report seeking sanction for prosecution was sent by NIA to the home ministry, the MEA has taken the position that they will "carefully take into account the legal position before taking any decision." (source: Hindustan Times) NIGERIA: Nigerian Farmer Beheads Toddler in 77 (pounds) Money Ritual A Nigerian farmer is facing the death penalty after allegedly beheading an 11-month-old girl as part of a money ritual. Danladi Abubakar from Fujeregi village, Niger state, is said to have confessed to sacrificing the child as part of a deal to make N20,000 (77 pounds). According to news site, The Vanguard, 24-year-old Abubakar entered the home of the baby's father on 4 November and smuggled the little girl away. Her parents raised the alarm and reported the abduction to police in Lemu and a manhunt was convened within the local community. Days later Abubakar handed himself in and admitted that he had beheaded the child and also removed her private parts. Abubakar claimed he was contracted by a man from Bida in Niger State to bring him the child's head and genitals. This man is reported to be on the run. Abubakar pleaded guilty to charges of culpable homicide. Occult money rituals involving human blood or body parts are not uncommon in Nigeria. (source IBTimes) KUWAIT: Maid's killer gets death sentence Kuwait's supreme court upheld Monday a death sentence against a woman for murdering her Filipina maid after torturing her, and confirmed a 10-year sentence on her disabled husband. The ruling is final and cannot be challenged but could be commuted to a life term by the ruler of the Gulf emirate. Executions in Kuwait are carried out by hanging. The Kuwaiti woman was convicted of premeditated murder based on evidence that she had regularly tortured her maid before driving over her in a remote desert area. The husband was handed the jail term for "assisting her," ac
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Nov. 27 BANGLADESH: Justice for Pilkhana A 152 jawans were given the death penalty by the court. There is absolutely no reason why the verdict shouldn't be satisfactory for the families of the martyred officers - though the opportunity of appeal to the High Court and Supreme Court remains open. Despite prevailing political turmoil and the upcoming national election, the government's action is fairly admirable. Having had that satisfaction, under these circumstances, we are truly awaiting justice at the end of the day. Since November 5, I have been asked by my friends and acquaintances what our feelings are regarding the verdict. Have the Shaheed families gotten justice? The most appropriate answer I could come up with has been: "So far, so good." Since my father was brutally killed in the Pilkhana carnage, my views are different from those of Human Rights Watch, which is opposed to capital punishment. However, their Asia director's write-up in The Daily Star on the day of the judgment greatly focused on credibility of proper inquiry and investigation - the reports that have not been made public and providing a blurred or unclear vision of those involved, or the abettors of the mass killing. Brad Adams concluded on behalf of HRW, that a retrial should be considered. I believe the government could make the report public to give it greater transparency in terms of the inquiry and investigation in the case of such a national tragedy. Apart from the details of the tragic incident, the exposure of the men behind the guns remains to be seen. Punishment of an abettor or conspirator in accordance with Penal Code 1860 is clearly the same as for the perpetrators. Interestingly, something I found common among the families of the Shaheed Officers as well as those of the accused, is the belief that there must have been a 3rd party who played the bigger role, having camouflaged the incident - since a person like DAD Tawhid and others were undoubtedly not such great masterminds as to have planned such a bloodbath alone. Dalbhat, disparity in salary scales, and facilities offered to defence service officers are not good excuses. In every service sector, such complaints or grievances abound. But for those cases, conspiracies to put the high commands to death, like the Pilkhana incident, are not hatched. If it was so, there would have been such an incident in a factory or company every year in Bangladesh! The victims' families still fervently seek that a judicial inquiry commission be set up under a retired Supreme Court justice to carry out an in-depth investigation, considering that the Pilkhana carnage is one of the biggest criminal cases we've had. The commission would have access to all legal documents, and investigate the involvement of BDR jawans, as well as outsiders, in a bid to unearth the real mysteries behind the massacre that took away the lives of 57 brilliant officers of the Bangladesh Army and 17 civilians. Our expectation from the commission is that their findings be made public. In that case, not only can the abettors be spotted, but also, details of the incident starting from the initial planning/movement/distribution of leaflets containing materials instigating the jawans to take up arms against their officers, can be known. The people of the country, and families of victims, have a right to know the actual motive of the mutiny, and who was really behind the conspiracy - a grievous blow to the country's military. Nasiruddin Pintu of the BNP, and Torab Ali of the Awami League, have been sentenced to life in prison. The judicial commission, I am sure, will be able to find out the truth from them and all others associated with the brutal killings in Pilkhana on the day. Investigations need to be conducted to get hold of the masterminds behind the tragedy. Only then shall justice be complete. The families of the victims will find some solace, and the departed souls of 57 brilliant sons of the soil will rest in peace. (source: Op-Ed; Saquib Rahman, Dhaka Tribune) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Nov. 28 IRANexecutions 3 Prisoners Executed in Public and 1 in the Prison Today - 2 Executions Scheduled for Tomorrow in Southern Iran 4 prisoners were hanged in the southern Iranian city of Bandar Abbas today, reported the official Iranian news agency. 3 of the prisoners, who were not identified by name, were convicted of drug trafficking while one prisoner identified as "S. Gh." (34) was convicted of rape said the report. According to the report 3 of the prisoners were hanged in public while 1 of those convicted of drug trafficking was hanged in the central prison of Bandar Abbas. The report also said that 2 prisoners are scheduled to be hanged in the central prison of Bandar Abbas tomorrow Thursday 28. November. (source: Iran Human Rights) MALAYSIA: Drug trafficking syndicate operating out of temple busted Police busted a drug trafficking syndicate operating out of a temple in Parit Amal, Jalan Joned, here with the arrests of a married couple and 3 suspects on Nov 17. Muar district police chief ACP Azman Ayob said during the raid that was carried out at 8.50am, police seized 20g of syabu and 112g of heroine, worth RM44,000. "The drugs were hidden among snack food at the back of the temple, well-hidden from the eyes of the public. Police also seized RM5,700 cash, believed to be proceeds from the sale of drugs," he told reporters here Thursday. Initial investigations revealed that the syndicate has been using the premises for their activities for the past 3 months. 2 of the suspects, aged between 35 and 57, also tested positive for drugs. "One of the suspects, aged 35, has a previous criminal record while 4 other suspects are jobless. The woman works in a supermarket in the town," he said adding that they will be investigated under Section 39B of the Dangerous Drugs Act 1952 which carries the death penalty upon conviction. (source: The Star) INDIA: India denies Italian marines face death penalty'Criteria for capital punishment not met' India on Thursday rejected media reports that two Italian marines may face capital punishment there for the deaths of 2 Indian fishermen. "The case does not meet the criteria for crimes punishable by death," government spokesperson Syed Akbaruddin told ANSA at a press conference. The Hindustan Times had reported that investigators from India's National Investigation Agency (NIA) have asked to judge Navy Marines Massimiliano Latorre and Salvatore Girone on the basis of the 'Sua Act', which punishes piracy by death. The 2 are charged with opening fire on a fishing trawler and killing Ajesh Binki and Valentine aka Gelastine on February 15, 2012. The shooting occurred while the marines were aboard a private vessel on an anti-piracy mission in international waters off the coast of Kerala in southern India, sparking a diplomatic row between the governments of India and Italy over conflicting opinions on jurisdiction and immunity. Indian Foreign Minister Salman Khurshid had previously assured Italy the marines would not face the death penalty. That assurance was part of a deal to extradite the 2 from Italy in March. (source: La Gazzetta del Mezzogiorno) UNITED ARAB EMIRATES: Death penalty for duo who repeatedly ran over friend with car; Convicts told police they planned to murder their friend over a personal dispute 2 men who killed their close friend after repeatedly running him over with their car on a beach have been given the death sentence. The duo, identified as N.A., 28, and A.A., 37, both Emirati, told police they planned to murder their 34-year-old friend (who had no documents to prove his identity) when he lost consciousness on a beach after drinking alcohol. They said they had a personal dispute with the victim. Medical reports showed the victim was repeatedly run over, and sustained injuries to his feet and chest, including fractured ribs. The incident happened in early 2012. A passer-by found his body under bushes on Maaridh beach and told the two Emiratis about it. Police said the suspects pretend to be shocked over the news. The arrests were made within 24 hours. Human blood, hair and skin was found on the car of one of the suspects and the bumper was dented. Presiding Judge Yousuf Rajab announced the verdict at Ras Al Khaimah Criminal court on Wednesday. The victim's family had refused to pardon the killers and accept blood money. The court also fined the suspects Dh2,000 each for drinking alcohol and Dh20,000 each for drunk-driving. (source: Gulf News) PHILIPPINES: SP backs anti-death penalty day A resolution to commemorate, strongly support and take active participation in the International Day of Cities for Life, Cities against Death Penalty in Bacolod City, was approved by the Bacolod Sangguniang Panlungsod yesterday. Proposed by Councilor Sonya Verdeflor, El Cid Familiaran and Ana Marie Palermo, the resolution s
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Nov. 28 AFGHANISTAN: Stoning will not be brought back, says Afghan presidentHamid Karzai's government backs away from reintroduction of brutal punishment after outcry Afghanistan's government has backed away from a proposal to reintroduce public stoning as a punishment for adultery after the leak of a draft law stirred up a storm of international condemnation. The president, Hamid Karzai, said in an interview that the grim penalty, which became a symbol of Taliban brutality when the group were in power, would not be coming back. "It is not correct. The minister of justice has rejected it," he told Radio Free Europe, days after the UK minister Justine Greening urged him to prevent the penalty becoming law. Afghanistan's penal code dates back over three decades. The government is drawing up a new one to unify fragmented rules and cover crimes missed out when the last version was written, such as money laundering, and offences that did not even exist at the time, such as internet crimes. The justice minister presiding over the reform is an outspoken conservative who last year denounced the country's handful of shelters for battered women as brothels. As part of the process, a committee tasked with looking at sharia law came up with draft legislation that would have condemned married adulterers to the slow and gruesome death; unmarried people who had sex would be flogged. But after several days of silence in the face of growing international outcry, the justice ministry said in a statement that although stoning had been proposed it would not appear in the new legislation because there was "no need to regulate the issue". The country's penal code already encompasses sharia law, but some controversial aspects of traditional punishments such as stoning have never been put on the books in Afghanistan. "The legality of the crime and punishment is fully addressed and there is no need to regulate the issue in the new code. So, the ministry of justice does not intend to regulate it in the new draft code," the statement said. Rights groups who first highlighted the draft law warned that although the government's quashing of the proposal was good news, its emergence in the first place was a sign of how fragile gains in human rights over the last decade had been, particularly for women. Although stoning is listed as a punishment for adulterers of both sexes, in countries where it has been used in recent years women have often appeared on the execution ground alone. As foreign troops head home before a 2014 deadline for the end of combat action in Afghanistan, and political attention fades with it, many activists fear that years of painstaking progress are at risk of being swept away. "Of course it's a huge relief that the government appears eager to disown this proposal now, but this is not an aberration that appeared out of the blue," said Heather Barr of Human Rights Watch. "It is just the latest in a long string of efforts to roll back women's rights over the last half year, many of which have been successful. It is time for donors to wake up and realise that if there is not constant pressure on the Afghan government to respect women's rights, there will be no women's rights." (source: The Guardian) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
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Nov. 29 GLOBAL: Death penalty: 1,600 cities take part in 'Cities for Life' Day -- Justice ministers in Rome, Colosseum lit up to mark event Over 1,600 cities from around the world took part in the International Day of Cities for Life, Cities against the Death Penalty initiative on Friday, including 70 capitals on the 5 continents. The Community of Saint Egidio organized a series of meetings in Rome on Capitoline Hill. The events, with participation by ministries and representatives from numerous countries around the world, will end on Saturday with the lighting up of the Colosseum, which has become a world symbol of the International Cities For Life Day and for a worldwide abolition of the death penalty. "No human being," the head of the Parliamentary Human Rights Committee, Mario Marazziti, said during the international conference of justice ministers, "ever stops being human - even the most violent, even those that seem an animal. And you never give life back to anyone by taking away someone else's. You can never take away the deep pain of families by eliminating another human life and creating new victims." "We have to persuade everyone," underscored Senate speaker Pietro Grasso, "that the death penalty does not make our society any safer, it does not make our world any better. Violence generates other violence." During the events, it was noted that since 1973 over 173 people have been released from death row after they were proven innocent, as well as that in 2003 alone ten people erroneously sentenced to death were released. (source: ANSAmed) SWAZILAND: Hangman missing in action on anti graft front The death penalty was never repealed in Swaziland but the authorities are letting idle a very effective resource in the fight against corruption. The justice system should also be cognisant of this facility when passing sentence in corruption related cases. Taking a cue from the Honduran experience as that country struggles to bring order through an election, we will appreciate how not taking corruption seriously rendered that country the most violent in the world. In that country they let things delay until there was total decay in the police and security service. This led to frequent killings of mainly young people who were either involved in corruption or involved in ending it. We have similar traits today with killings during heists, where police or army personnel are involved. This has the potential of infesting the police system right to the top resulting in violent exchanges for the final takeover of the force or service. Once the crime lords take over the security system, the government of the day is at the mercy of criminals, who rule by the barrel of the gun and choose to know no human dignity. Hondurans agree that the biggest problem in their country is corruption. "Yes, there is the horrible education system and constant strikes by the teachers. Of course, there is the high crime rate and all those murders - an average of 20 victims a day. Yep, there's the horrendous healthcare system and the fact that hospitals never have enough medicines and working equipment. There are the water shortages and power shortages. The roads, highways and bridges are in a constant state of despair. The drug trafficking, those nasty gangs." One of the targeted forces in making corruption thrive are the police and anti corruption bodies, the auditor general's office and murders and intimidation of elements in civil society. Once there are signs of people disappearing in police cells or suicides in police cells then the country has a simmering problem, corruption has entered other levels. corruption For corruption to thrive, these bodies must be roped in and be run by criminals so that the onslaught on the judicial system begins. With a corrupted justice system the state of anarchy sets in and to reverse that situation it may take generations. In South Africa, the recent arrests of police involved in kidnappings and murder in the Krejcir case is most encouraging but a lot has to be done in order to influence outcomes in order for the credibility of the whole justice system. Similarly we are still to see how in Swaziland the cases of cops charged with violent crimes will be handled (heists). We saw in the past police engaged in a spate of killings of their wives and, as far as I can recall, none of these policemen were successfully prosecuted despite that the deaths occurred. Let us return to look at how easy it is to penetrate the police service, first it is by relaxing the regulations or blatantly turning a blind eye even on cases that may result in obvious corruption. Take the police officers, who do business with the service without the anticorruption unit bothering to question this. Over the years we have seen police officers charged with fraud for submitting false payments of claims on letting music equipment to the
