Feb. 18
MALAYSIA:
Convicted Malaysian cop Sirul Azhar Umar breaks silence about death of model
Altantuya Shaariibuu----Convicted cop would not be sent back to face death
penalty
A Malaysian police commander sentenced to hang in Kuala Lumpur has broken his
silence from Sydney's Villawood detention centre, saying he was ordered to kill
a Mongolian socialite at the centre of high-level corruption allegations in
Malaysia.
Sirul Azhar Umar said he was acting under orders when he twice shot glamorous
28-year-old translator Altantuya Shaariibuu in the head as she begged for the
life of her unborn child and then wrapped her body with military explosives and
blew her up.
"I was under orders. The important people with motive are still free," Sirul, a
former bodyguard of Malaysia's prime minister Najib Razak, told the
Malaysiakini news portal by telephone.
"It is not like I do not love the police (force) or the country, but I acted
under orders," he said.
Sirul told Malaysiakini he has been negotiating a tell-all interview with
Australian television stations where he is considering revealing why he and
police colleague Azilah Hadri killed Ms Shaariibuu in a jungle patch on the
outskirts of Kuala Lumpur.
"I haven't decided (on whether) to do the interview," he said.
Allegations have simmered for eight years that Ms Shaariibuu was murdered to
keep her quiet about purported kick-backs to high-level Malaysian officials
over the US$2 billion purchase of 2 French and Spanish-built Scorpene
submarines when Mr Najib was defence minister.
Ms Shaariibuu, described as sophisticated jet-setting party girl, worked as a
translator in the later stages of negotiations.
Mr Najib strongly denies ever meeting Ms Shaariibuu or having any link to her
and his government denies any wrongdoing in the submarine purchases, which are
the subject of an investigation by magistrates in France.
A motive for the murder of Ms Shaariibuu was never revealed during the trial of
Sirul and Azilah who were sentenced to hang after Malaysia's highest court on
January 13 upheld a previous conviction that had been dismissed by another
court on a legal technicality.
Sirul told a judge during his trial he was "the black sheep who has been
sacrificed to protect unnamed people."
Azilah is on death row in a Kuala Lumpur prison awaiting execution but Sirul
had travelled to Queensland months before the January hearing where he was
detained on immigration charges on January 20.
Australia has made clear it will not agree to a Malaysian request to extradite
Sirul unless the government in Kuala Lumpur gives an undertaking he will not be
executed, leaving him facing prolonged detention in Villawood.
Malaysian authorities have said they will take legal action to try to overturn
Australia's decision.
Approval would be required from Australia's immigration department for Sirul, a
43-year-old divorced father of two, to give a television interview in Villawood
that could be politically explosive in Malaysia.
He told Malaysiakini he was doing fine in the detention centre and is allowed
access to a mobile telephone as well as the internet.
Sirul also claimed he had never met Abdul Razak Baginda, a former friend and
adviser to Mr Najib, who was initially charged with abetting the murder but
released before any evidence was led against him.
Ms Shaariibuu was a former lover of Mr Baginda and admitted in a letter found
after her murder she allegedly wanted US$500,000 to remain silent about her
knowledge of the submarine deal.
Mr Baginda is believed to be living in Britain.
(source: Sydney Morning Herald)
UNITED KINGDOM:
Death row Britons: 75 facing execution abroad for offences including murder,
drugs, terrorism and blasphemy ----They include grandmother Lindsay Sandiford,
from Cheltenham, on death row in Bali after she was found with 1.6million
pounds worth of cocaine
Up to 75 Britons are facing execution abroad for crimes ranging from blasphemy
to terrorism, new figures reveal.
As many as 23 of the British citizens have been sentenced and are awaiting
their fate on death row.
They include grandmother Lindsay Sandiford, from Cheltenham, on death row in
Bali after she was found with 1.6million pounds worth of cocaine.
The 57-year-old is facing death by firing squad but claims that she was forced
to transport the drugs.
The other 52 are due to be tried or are already on trial and face the
possibility of being handed the death penalty.
Of these, 21 are in Pakistan, with the others held in Bangladesh, India,
Ethiopia, Indonesia, Thailand, the UAE, St Kitts & Nevis and the US.
Figures show that 17 are accused of murder and 10 are up on alleged drugs
offences.
The others are charged with blasphemy, dangerous driving with intent to kill,
kidnapping, murder and conspiracy, and terrorism.
The 23 already sentenced to death are in the Democratic Republic of Congo,
Ethiopia, Ghana, Kenya, Egypt, Indonesia, Pakistan and the US.
They have been convicted of murder, blasphemy, drugs offensive and terrorism.
The figures have been released by the Foreign Office in response to a freedom
of information request.
A spokesman said: "The British Government takes a strong and principled stance
on the death penalty, lobbying for its moratorium or removal from statute
globally.
"It is the longstanding policy of HMG to oppose the death penalty in all
circumstances and we aim to do everything we can to prevent the execution of
any British national anywhere in the world."
(source: The Mirror)
IRAN:
Iran urged to halt execution of Kurd arrested as a minor
International human rights groups have appealed to Tehran to halt the planned
execution an Iranian-Kurdish man who was 17 when he was arrested.
Saman Naseem, 22, is due to be executed on Thursday for his alleged membership
of a banned Kurdish party and involvement in armed confrontation.
He was sentenced to death in April 2013, after allegedly being forced to
confess by the use of torture.
The UN has voiced concern about a rise in executions in Iran since 2013.
"Time is running out for Saman Naseem. The fact that Iran is willing to execute
a man who was tortured to confess to a crime he is accused of having committed
as when he was a child, shows the state of injustice in the country", Amnesty
International's Hassiba Hadj Sahraoui said.
It was not too late to stop his execution and launch "a thorough judicial
review of his case", she added.
Cardboard cut outs made to resemble humans stand with nooses and blind folds as
demonstrators protest Iranian President Hassan Rouhani outside the United
Nations on September 25, 2014 during the 69th session of the United Nations
General Assembly in New York Cardboard cut-outs stand with nooses and
blindfolds outside the UN as President Rouhani arrived for the UN General
Assembly in 2014
The international Federation for Human Rights (FIDH) also demanded a halt to
the execution and called for the death sentence against him to be overturned.
"The continued detention and ill-treatment of Saman Naseem is unacceptable and
a violation of international law, said FIDH President Karim Lahidji.
The FIDH says Mr Naseem was denied access to lawyers when arrested and that his
original conviction was based on "forced confessions obtained through torture."
It also points out that Iran is a signatory to the UN Convention on the Rights
of the Child, which makes imposing death sentences on juveniles illegal.
'Surge in executions'
The Iranian authorities found Mr Naseem guilty of membership of the rebel Party
of Free Life of Kurdistan (PJAK) after arresting him when he was still a minor.
He was also convicted of an armed confrontation with the Revolutionary Guards.
According to the Iran Human Rights Documentation Centre, a total of 586
executions were reported in Iran in 2014, although the government only
announced 206.
The foreign-based Human Rights Activists News Agency (HRANA) says on its
website that 14 people were executed in Iran on drug-related charges on Monday
with no mention in Iran's state media.
In October the UN expressed concern about what it called "a surge in
executions" in Iran under President Hassan Rouhani who took office in August
2013.
(source: BBC news)
********************
Juvenile Offender Saman Naseem Scheduled to Be Executed in 24 Hours
The Kurdish political prisoner Saman Naseem is scheduled to be executed on
Thursday morning February 19 according to reports from Iran.
Saman Naseem was sentenced to death in April 2013 by a criminal court in
Mahabad, West Azerbaijan Province, for "enmity against God" (moharebeh) and
"corruption on earth" (ifsad fil-arz) because of his membership in the Kurdish
armed opposition group PJAK, and for taking part in armed activities against
the Revolutionary Guards. His death sentence was upheld by the Supreme Court in
December 2013. Has was 17 years old at the time of his arrest.
According to reports Saman Naseem didn't have access to his lawyer during early
investigations and according to a letter he wrote from the prison he was
tortured, which included the removal of his finger and toe nails and being hung
upside down for several hours.
In the letter, Saman said: "During the first days, the level of torture was so
severe that it left me unable to walk. All my body was black and blue. They
hung me from my hands and feet for hours. I was blindfolded during the whole
period of interrogations and torture, and could not see the interrogation and
torture officers."
Iran Human Rights (IHR) urges the international community to react in order to
save Saman's life. Mahmood Amiry-Moghaddam, the spokesperson og IHR said:
"Saman's death sentence is a clear violation of UN Convention for the Rights of
the Child that Iran has ratified and which bans death sentence for offences
committed at under 18 year of age. Besides, Saman Naseem has been subjected to
torture, forced confession and unfair judicial process. We call on the United
Nations and all countries with diplomatic ties with Iran to react before it is
too late. International pressure can save Saman's life."
Saman Naseem has been subjected to forced confessions on the Iranian TV.
According to Amnesty International Saman called his family on 15 February and
told them that earlier that day men in plain clothes had taken him to the
security department of the Oroumieh Prison. He said the men, who he believed
belonged to the Ministry of Intelligence and were carrying cameras and
recording equipment, beat him for several hours to force him into making
video-taped "confessions", but he refused to do so.
Iran is the world's biggest executioner of juvenile offenders. At least 14
juvenile offenders have been executed in 2014 in Iran.
Background (source: Amnesty International)
Saman Naseem was arrested on 17 July 2011 after a gun battle between
Revolutionary Guards and the armed opposition group Party For Free Life of
Kurdistan (PJAK), in the city of Sardasht, West Azerbaijan Province. After his
arrest, he was held in a Ministry of Intelligence detention centre without any
access to his family or a lawyer.
His family members were not informed of his arrest and first learned about it
through a video clip of Saman aired on state TV, in which he "confessed" to
taking part in armed activities against the state. Court documents indicate
that during the fight, a member of the Revolutionary Guards was killed and
three others wounded.
In January 2012, Saman was sentenced to death by a Revolutionary Court after
being convicted of "enmity against God" and "corruption on earth" because of
his alleged membership of PJAK and taking part in armed activities against the
Revolutionary Guards.
During the trial, he retracted his earlier "confession" and said that he fired
into the air and not towards the Revolutionary Guards. He also told the judge
he was tortured but he dismissed this and relied on his "confessions" as
admissible evidence. His lawyers have been prevented from pursuing his defence.
In August 2012, the Supreme Court had overturned the death sentence and sent
his case to a lower court for a retrial on the grounds that he had been under
18 at the time of the crimes of which he had been convicted. However, Saman was
sentenced to death in April 2013 by a criminal court. The Supreme Court upheld
this death sentence again in December 2013.
The prison authorities verbally informed Saman that his execution is scheduled
for 19 February.
(source: Iran Human Rights)
CHINA:
Zhou Yongkang will get suspended death sentence at least: report
The sentence given to disgraced former CPC Politburo Standing Committee member
Zhou Yongkang will depend on precedents, the amount of money involved, the
severity of his crimes and his attitude, according to Chinese news web portal
Sohu.
Officials who embezzle over 100,000 yuan (US$16,100) automatically receive a
minimum of ten years in prison according to Chinese law, although life
sentences can also be given for this amount. The law was promulgated at a time
when the billions embezzled by Zhou would have been unimaginable, so judges do
not have any baseline for sentencing in cases involving larger sums.
Although the sums involved in embezzlement have been on the increase, the
number of corrupt officials given the death sentence is in decline. Corrupt
officials are generally spared the death penalty if they plead guilty and
express regret for their crimes.
The number of death sentences handed down over the past few years accounted for
under 10% of total sentences in such cases. Since 2000, only 5 senior officials
have been executed. Among those executed, Hu Changqing, Cheng Kejie, Wang
Huaizhong and Zheng Xiaoyu were involved in economic crimes while Lu Debin
hired someone to kill his wife.
Suspended death penalties have amounted to 26% of all sentences over the past
few years while life in prison represented around 14% and fixed prison
sentences made up around 50%.
Zhou's alleged crimes are likely to be viewed severely, as he was referred to
as "comrade" in documents that the Central Commission for Discipline Inspection
(CCDI) published in July last year. The former political heavyweight will
likely receive the death penalty or a suspended death penalty.
Officials whose crimes are purely financial are often given life sentences,
although there are exceptions. Liu Zhijun, the disgraced former railways
minister, was given a suspended death sentence for embezzling 64 million yuan
(US$10.3 million). Former head of the China Food and Drug Administration Zheng
Xiaoyu was sentenced to death, although his economic crimes only involved 6.5
million yuan (US$1 million), because negligence on his part endangered lives.
Non-compliance with authorities can also lead to harsher punishments being
meted out, former vice Anhui governor Wang Huaizhong, for example, was given a
death penalty for denying his crimes, despite them being relatively minor.
(source: Want China Times)
INDIA:
Prosecution demands death sentence for gangster Abu Salem
The prosecution in the 1995 Pradeep Jain-murder case on Tuesday sought death
penalty for gangster Abu Slem for orchestrating the murder. The defence lawyer,
however, told the court that as per the extradition rules, Salem can only be
given a sentence of up to 25 years of imprisonment and that asking for death
penalty is a mockery of the prosecution. The court has reserved its order on
the quantum of punishment against Salem and 2 others till February 18.
A TADA court on February 16 found Salem and 2 others guilty of shooting the
builder Pradeep Jain 17 times, outside his Juhu bungalow in March, 1995. The
police alleged that he had refused to give up a huge property in Kol Dongri to
Salem. The court convicted the trio under various sections, of the TADA and
Indian Penal Code. Salem, an accused in the 1993 Mumbai serial blasts, was
extradited from Portugal on November 11, 2005, after a prolonged legal battle
and is since in judicial custody.
Claiming that Abu Salem had a "Taliban mindset" the special public prosecutor
Ujjwal Nikam argued in court that Salem was an incorrigible criminal who cannot
be deterred with a lesser sentence than death, for killing the builder.
As grounds for seeking death penalty as quantum of punishment, Nikam submitted
that Salem hatched criminal conspiracy in order to grab properties of the Jain
builders and that Salem is a contract killer, nothing "less than a merchant of
death". Nikam also argued that the muder of Jain was committed after previous
planning and "the brutality and the cruelty of Abu salem is proved not only
from the fact of the murder of Pradeep jain but also by his subsequent
conduct".
Nikam reminded the court of Salem's conduct by stating that he "ridiculously"
called the victim's wife Jyoti Jain on phone on the 13th day after his demise
and kept laughing.
Nikam also argued, "Salem crossed all such limits of shamelesness. I would call
Abu Salem as a sadist person. Sadism is a typical perversity in human life. If
nature is to be prevailed then such saddist perversity must be crushed by the
iron hands of law only on gallows." (sic)
The prosecutor also urged the court to provide death penalty to Salem's driver
Mehendi Hasan, claiming that he also "played a very key role in the criminal
conspiracy behind the killing of Pradeep Jain.
Questioning whether the state of Maharashtra was not bound by the Extradition
Act, the defence counsel for Salem, Pasbola argued that the prosecutor's
arguments "do not hold water to be tenable in law". Pasbola submitted that as
per section 34 (C) of the Extradition Act, if the convict has committed an
offence attracting death penalty, he is only liable to life imprisonment.
"Isn't the prosecution aware of the solemn promises given to the Portugal
government? What is the point of calling him a curse to the society? The law
does not provide for death sentence for Abu Salem," Pasbola argued.
The defence lawyer submitted that as per the agreement between the 2 countries,
India and Portugal, Salem cannot be sentenced for more than 25 years. "These
were the assurances given to the Portugal government," Pasbola said. As per an
excerpt of letter sent by L K Advani as the then deputy prime minister, while
seeking Salem's custody to be tried in the country, the Government of India had
solemnly assured the goverment of Portugal "that it will exercise its powers
conferred by the Indian laws to ensure that if extradited for trial in India,
Salem would not be visited by death penalty or imprisonment for a term beyond
25 years".
"By asking for death penalty we are giving the Portugal government an
opportunity to intervene and that no country will allow a person to be
extradited despite giving solemn assurances. This way Europe shall become a
safe haven for mushrooming underworld dons," Pasbola contended. Nikam asked 7
years for the 3rd convict, Virendra Jhamb, a builder, as he was 60-year old.
Jhamb is alleged to have sold the 3 Andheri properties believed to have
belonged to Jain brothers and sent the money to Dubai to Abu Salem.
(source: Indian Express)
PAPUA NEW GUINEA:
PNG government defends death penalty as new guidelines approved
The Papua New Guinea government has defended its decision to reinstate the
death penalty as the country prepares to execute 13 prisoners before the end of
the year.
Dr Lawrence Kalinoe, secretary for the Department of Justice and
attorney-general, said people had had enough of serious crime and perpetrators
should die for their crimes.
"In this country we have very strong support for the implementation of the
death penalty," Mr Kalinoe told the ABC's Radio Australia.
"For example, one of the (radio) talkback shows I went to, 33 people called. Of
the 33, 3 opposed the death penalty, 30 of them fully supported the
government's role, to actually offer to be the executioner.
"That's how serious the citizens of this country are, serious in trying to make
this place, a just safe and secure society."
Mr Kalinoe's comments came after the government approved new guidelines for the
implementation of death penalty.
The death penalty has not been used in PNG for more than 50 years, but was
re-enacted last year when the law was amended to include more offences.
The National Executive Council then approved three modes of execution - lethal
injection, firing squad and hanging.
Since then, 13 people have been waiting on death row, but lack of
infrastructure has meant there has been no method to enact the capital
punishment.
Recent reports suggest both Indonesia and Thailand have stepped in with offers
of financial assistance and expertise.
Mr Kalinoe said the government wanted to make the country safer in re-enacting
the death penalty.
"Papua New Guinea, in particular Port Moresby, is regarded as one of the most
dangerous cities of the world," he said.
"That's a label that us Papua New Guineans live with, sometimes we're very
embarrassed ... what a beautiful country but our reputation, fairly or
unfairly, has gotten ahead of us, making this place a very unsafe sort of a
place to live in.
"One of [the government's aims] was to strengthen police, strengthen the law
and justice sector and implement whatever laws we need to implement."
Last week the Archbishop of the PNG Catholic Church, John Ribat, spoke out
against the death penalty and called for more community discussion on the
matter.
The crimes in PNG that could attract the death penalty for those convicted
included: treason, piracy, wilful murder, aggravated rape, robbery involving
violence, and sorcery-related killings.
(source: Australian Broadcast Corporation)
**************************
Justice department chief explains PNG death penalty stance
The Papua New Guinea Government says the people have had enough of serious
crime, and perpetrators must now die for their crimes.
This comment comes as the government of Peter O'Neill is preparing to execute
13 prisoners who are on death row before year's end.
The PNG government recently approved the guidelines for the implementation of
death penalty.
Reports also say Indonesia and Thailand, which have the death penalty, have
offered assistance to PNG in this regard.
(source: Radio Australia)
TURKEY:
Reinstatement of death penalty in Turkey unlikely
The brutal murder of a 20-year-old female university student in the southern
province of Mersin last Friday has caused nationwide protests, and also
reignited discussions about the death penalty. However, established practices
and Prime Minister Davutoglu's remarks indicate that the reinstatement of the
death penalty in Turkey is unlikely.
The vicious murder of Ozgecan Aslan, 20, has deeply shocked the nation.
Activists and politicians, including Cabinet members, voiced support for
bringing back the death penalty, which was abolished in 2004 and replaced with
aggravated life imprisonment. Family and Social Policies Minister Aysenur Islam
said on Sunday that the death penalty could be an option for the murderers of
Aslan. Economy Minister Nihat Zeybekci also supported the possibility of
reintroducing the death penalty. "We must discuss the possibility of
reintroducing the death penalty for brutal murders like Ozgecan Aslan's case,"
he said on his Twitter account.
In contrast, EU Minister Volkan Bozkir said on Monday that the death penalty
should not be evaluated with emotion and that the state should sentence
criminals with the harshest punishment under the scope of the law while
expressing his sorrow over the incident.
Regarding discussions on the death penalty, Prime Minister Ahmet Davutoglu
underlined that perpetrators will be punished within the current legal
framework: "There might be different opinions [about the death penalty] that
are declared in public, however we believe that the perpetrators deserve the
harshest punishment within the current legal framework." Davutoglu said at a
press conference on Monday evening: "This is a savage and barbaric assault that
can never be accepted by human conscience. Therefore we understand the outrage
of the community and we share the same feelings. However, in this issue, we
believe that the Turkish judiciary system will hand down the severest
punishment to the perpetrators of the crime."
The established practices in Turkey also reveal that reinstatement of the death
penalty is not likely. Turkey abolished the death penalty more than a decade
ago and replaced it with aggravated life imprisonment. In addition to this,
Turkey has not executed any prisoners since October 1984.
In 1991 death sentences exceeded nearly 500 and they were converted to 10-year
jail terms. Later in 2002, all converted jail terms were changed to life
imprisonment.
Prior to this date, executions usually took place after military interventions
and mainly political prisoners were executed. Adnan Menderes, who served as
prime minister, was hanged on September 17, 1961 following the 1960 coup, along
with 2 other Cabinet members, Fatin Rustu Zorlu and Hasan Polatkan. Student
leaders Deniz Gezmis, Huseyin Inan and Yusuf Aslan were hanged on May 6, 1972
after the 1971 coup.
(source: Daily Sabah)
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