April 7
ZIMBABWE:
NGO commends Mnangagwa's 'no death penalty' stance
Amnesty International (AI) has commended Vice-President Emmerson Mnangagwa on
his stance against the death penalty saying although the country has not
totally abolished capital punishment, it was refreshing that executions have
not been carried out.
AI Zimbabwe director Cousin Zilala said Mnangagwa had on numerous occasions
reiterated that he will not sign a certificate to execute anyone as long as he
remained Justice minister, something that has given reprieve to the inmates on
the death row.
He said Zimbabwe lost an opportunity to totally abolish the death penalty
during the constitution-making process.
However, he said, it was commendable that alternative sentences have been
preferred on some offences which used to attract capital punishment.
In 2014 alone, 10 inmates were sentenced to death, bringing to 95 the number of
convicts on death row in Zimbabwe for different offences.
Zilala said a notable positive achievement was that women were exempted from
the death penalty in the country, but the exemption should be extended to men
as well.
"What we are happy about is that there have not been executions and there have
been commitments which were repeatedly made by the Minister of Justice
(Mnangagwa) and one of the current Vice-Presidents, Emmerson Mnangagwa, that
during his term, he will never sign a certificate to execute anyone," Zilala
said on Wednesday during the AI worldwide report on death sentences and
executions in 2014.
"What it means is that there is a de facto moratorium by government. It means
that there is not an official position by government that they will not execute
anyone, but we have the minister responsible saying so."
AI is an international organisation that advocates for the abolishment of the
death sentence.
In its annual review of the death penalty worldwide, AI said there was an
alarming number of countries using capital punishment to tackle real or
perceived threats to State security linked to terrorism, crime or internal
instability in 2014.
(source: Zimbabwe Independent)
SAUDI ARABIA----execution
Saudi Man Beheaded for Drug Trafficking
Saudi Arabia has beheaded 1 of its own citizens convicted of drug trafficking
on Monday.
The Saudi Interior Ministry said in a statement carried by the official Press
Agency (SPA) that the man known as Saleh al-Yami was beheaded in the southern
province of Najran.
The man was convicted of smuggling an undisclosed amount of hashish and banned
narcotic pills into the ultra-conservative kingdom. He was also found guilty of
wounding several policemen during a confrontation.
According to Amnesty International, Saudi Arabia has one of the highest
execution rates in the world.
Saudi authorities have executed 57 people across the kingdom so far this year.
In 2014, Saudi Arabia reportedly executed 87 people, compared with 78 in 2013.
Rape, murder, apostasy, armed robbery and drug trafficking are all punishable
by death under Saudi Arabia's strict interpretation of Islamic Sharia.
(source: Morocco World News)
CHINA:
China death sentence over Dublin murder unlikely----6 Chinese nationals fled
Ireland during investigation of 2002 death of Chen Li Ming
A man sentenced to death by a Chinese court as a result of a Dublin murder is
unlikely to be executed, according to sources in China.
Chen Li Ming (22) died from head injuries received in an altercation in Dublin
in October 2002. 6 Chinese nationals who fled Ireland while the garda??? were
gathering evidence were subsequently arrested in China.
The 6 faced charges ranging from assault to murder and 5 were given sentences
from 12 years , to life in prison. However in March last year the 6th member of
the group Wang Hong Kai was sentenced to death, with a 2 year stay of
execution.
The trials were expedited with the aid of the Garda file into the incident,
which the Department of Foreign Affairs had forwarded to the Chinese
authorities in 2009. The department sent the file on receipt of written
assurance from the Chinese authorities that none of the 6 would face the death
penalty for the killing.
The Chinese authorities have since asked the Irish to extradite a seventh man,
who has since the 2002 incident become a naturalised Irish Citizen, to China to
stand trial for the killing. The unnamed man was never charged in connection
with the killing, as gardai believed there was insufficient evidence.
It is understood the Irish authorities would be extremely reluctant to
extradite an Irish citizen, particularly since they feel let down over previous
assurances by the Chinese.
However sources in China have pointed out that when the death sentence is
suspended for 2 years, in nearly all cases it means the person will not be
executed, and the sentences is effectively commuted to a life sentence.
The 2-year reprieve appears to be a way of imposing the death sentence without
carrying out the sentence. Judges in China appear to use the sentence as a
'non-death, death sentence', and it's a way of saying "we think you deserve to
die, but will not execute you" said 1 source.
For example, Gu Kailai, the wife of disgraced politician Bo Xilai, was
sentenced to death suspended for 2 years, but it is widely known she will not
be executed.
In these terms, the Chinese may not consider they have breached any agreements.
For those those sentenced to death without reprieve the sentence is more
chilling as they are usually taken straight from the courtroom and executed.
China executes more people every year than the rest of the world combined but
data on exact numbers is a state secret.
In a series of letters between the Irish and Chinese authorities the Chinese
side continues to press for extradition of the 7th man involved in the fatal
incident. Failing this the Chinese want to see him stand trial in Ireland.
However the Irish stress they were given written assurances by the Chinese
Embassy in Dublin that the death penalty would not feature in any trial, as it
is not on the statute book here.
The Government has a policy of not extraditing people to jurisdictions where
the alleged crimes on which the extradition was based could see them face the
death penalty.
A spokesman for the Chinese Embassy said a message would be relayed to the
relevant official who would decide if a comment would be forthcoming.
The Department of Foreign Affairs said no comment would be forthcoming on the
case while the Department of Justice said it was considering the request for a
comment, and may comment later. No response was available from the Government
Press service at the time of writing.
(source: Irish Times)
INDONESIA:
Bali 9 executions: Constitutional Court has no power to alter death sentences
Indonesia's Constitutional Court has no power to alter the death sentences of
Bali nine organisers Myuran Sukumaran and Andrew Chan or make any ruling on
their case, says Indonesian law expert Tim Lindsey.
Instead, lawyers for the 2 men hope Indonesian President Joko Widodo will come
under political pressure to reassess their pleas for mercy if the court rules
that the constitution requires the president to properly consider clemency
submissions.
But Attorney-General H. M. Prasetyo has accused the men's legal team of
"playing with justice" and vowed the Constitutional Court case would not delay
the executions.
"If possible it should be done soon so everybody knows we're serious," Mr
Prasetyo was quoted as saying by news wire detik.com.
He said the delays had made people question whether Indonesia would proceed
with the executions. "I've never been afraid and I'm not under pressure. We
will go ahead," Mr Prasetyo added.
However, Mr Prasetyo conceded the Asian-African conference, which will be held
in Jakarta and Bandung from April 19 to 24, could be a consideration when
deciding on the date of the executions.
"It wouldn't look good if you have many guests and you shoot people, although
it is legal," he said.
Among those included in the next round of executions are three Nigerians, a man
from Ghana and a Filipina.
Asked when the executions would be held, he said: "everything should be good,
the weather, the situation and the conditions."
Lawyers for Chan and Sukumaran announced on Monday that they would go to the
Constitutional Court after the Administrative Court threw out the Bali nine
pair's appeal on the grounds that it did not fall within the court's
jurisdiction.
However Dr Lindsey stressed the latest case was a review of the clemency law
itself and in no way an appeal.
Dr Lindsey, professor of Asian Law at Melbourne University, said the lawyers
would argue the clemency law should be interpreted in a way that would require
the president to consider clemency pleas individually, taking into account
prisoners' behaviour in jail.
"It's absolutely established without any question [that] Constitutional Court
decisions usually only apply forward in time," Dr Lindsey said.
"It couldn't unravel the decision already made in Chan and Sukumaran's case,
but if they succeeded it would create huge political pressure on the president.
It might compel the president to go back and read their clemency pleas."
One of the men's Australian lawyers, Peter Morrissey, said it was true that the
Constitutional Court ruling would not "operate as a direct bar to this
particular administrative act of shooting two lovely young men".
"But there's, you know, hard power and there's soft power," he told Lateline.
"So, it would be a big win for us to win that case and we think the president
would respect it, even if he could technically duck it. We don't see him as
that sort of bloodthirsty person who would deliberately duck a court ruling."
(source: Sydney Morning Herald)
**************
A few more days to live for Filipino on death row in Indonesia
Mary Jane Fiesta Veloso, a Filipino woman on death row in Indonesia for drug
offenses, got a few more weeks to live before the government schedules her
execution.
Indonesia's Attorney General HM Prasetyo assured on Tuesday no executions will
be carried out by the government anytime soon because of the Asia-Africa
Conference in Jakarta and Bandung, which will be held from April 18 to April
24.
Veloso, together with 8 other foreigners, were found guilty of drug trafficking
and would face the firing squad as required by the death penalty set by
Indonesia.
Prasetyo said he did not want to generate any unease while high-profile
delegations from various nations are visiting Indonesia. However, he insisted
the postponement of the executions will not last beyond April 24, when the
Asia-Africa Conference is over.
He said the delay was not a direct order from President Joko "Jokowi" Widodo,
as prosecutors had the authority to conduct executions. Prasetyo also denied
the delay was caused by fears that some leaders would not attend.
"There is no fear involved in this decision, but you wouldn't execute people
during a high-profile government event with lots of visitors," Prasetyo said on
Tuesday as quoted by kompas.com.
Prasetyo elaborated the Attorney General's Office was still waiting on the
legal processes of 2 death row inmates who were requesting reviews of their
sentences. The inmates are Frenchmen Serge Areski Atlaoui and Nigerian
Sylvester Obiekwe.
The legal processes of other inmates like Veloso, Ghanaian Martin Anderson, and
Australians Andrew Chan and Myuran Sukumaran have concluded, with their appeals
ultimately denied.
Another death row inmate, Brazilian Rodrigo Gularte, was determined to be
mentally sound despite solid claims that he had a mental illness. Attorneys
received a 2nd opinion on Gularte's claim.
(source: globalnation.inquirer.net)
BANGLADESH:
Dhaka, death penalty for an Islamic party leader confirmed ---- The Bangladesh
Supreme Court has rejected Mohammad Kamaruzzaman's appeal. He is convicted of
"genocide" during the war of liberation from Pakistan (1971). Among the crimes
attributed to him, the killing of 120 unarmed peasants. To avoid hanging he can
now only hope for a presidential pardon.
The Bangladesh Supreme Court has rejected an appeal against the death sentence
handed down to Mohammad Kamaruzzaman, leader of the Jamaat-e-Islami, the
Islamic fundamentalist party. In May 2013 a national court for war crimes
sentenced him for "genocide". The judges explained that "there is no reason"
why the politician should not be executed.
Now to escape execution Kamaruzzam can now only hope for a presidential pardon
If not granted, said attorney general Mahbubey Alam, he "could be hanged at any
time."
The Islamic leader, 62, has been held responsible for crimes committed during
the war of liberation from Pakistan in 1971, including the killing of at least
120 unarmed peasants in Sohagpur, in the north of the country. During the trial
three widows testified against him, telling how he had led the Pakistani troops
into the village and helped the soldiers to put the farmers in line to kill
them.
There is no reliable data on the victims of the conflict that led to
Bangladeshi independence from Pakistan. However, according to estimates, the
nine months of the war cost at least 3 million lives. Respecting a promise made
during the election campaign, in 2010, Prime Minister Sheikh Hasina has formed
the "war tribunals" to investigate abuses that occurred in that period.
Most of the accused and convicted were leaders of the Islamic fundamentalist
party. According to the opposition, the government has used these courts to
eliminate political opponents. After the first verdicts, the Jamaat and other
radical Muslim organizations reacted violently, paralyzing the nation.
(source: AsiaNews.it)
INDIA:
Death Penalty Research Project, NLU raising fund to rehabilitate family of
Akshardhan terror acquitted man
In an unprecedented instance of compassion towards restoring the life of a
terror case acquitted person, Death Penalty Research Project, National Law
University, Delhi has started a campaign to raise funds and help Adam Suleiman
Ajmeri, one of the acquitted persons in the 2002 Akshardham terror case to get
back his life.
Ajmeri was arrested in August 2003, almost 11 months after the Akshardham
Temple terrorist attack in Gujarat, illegally detained for close to a month and
was tortured to confess the crime.
Death Penalty Research Project, NLU raising fund to rehabilitate family of
Akshardhan terror acquitted man
In 2006, a special court convicted him and sentenced him to death, and the
death sentence was confirmed by the High Court in 2010. Eleven years after
spending crucial years of life behind the bars, the Supreme Court on May 16,
2014 acquitted Ajmeri and all other accused from the case, admonished police
investigation and implication of innocents in the case.
The divisional bench of Supreme Court consisting of Justices A K Patnaik and V
Gopala Gowda had observed, "Before parting with the judgement, we intend to
express our anguish about the incompetence with which the investigating
agencies conducted the investigation of the case of such a grievous nature,
involving the integrity and security of the nation. Instead of booking the real
culprits responsible for taking so many precious lives, the police caught
innocent people and got imposed the grievous charges against them which
resulted in their conviction and subsequent sentencing."
In its historic judgement, the Supreme Court acquitted Ajmeri and Abdul Kayum
from death sentence; Mohammad Hanif Shaikh, Abdullamiya Yasinmiya Kadri and 2
others from life imprisonment and 10 years' rigorous imprisonment.
Now, after 10 months of his acquittal, when he is struggling to get back to his
life and resume his family responsibilities, Ajmeri is a hapless person, a
victim of false police investigation.
At such a testing time, the Death Penalty Research Project, NLU interviewed
Adam and found that he lives with his family of 7, consisting of his wife and 6
children in Ahmedabad, Gujarat. 12 years ago, he was an auto driver plying in
the streets of Ahmedabad. He is presently unemployed; his family subsists on a
meager Rs 5000 per month earned by his elder son Muhammad Almas, who runs a
sewing unit.
After talking with him, the group found that Ajmeri plans to set up a small
dairy farm to earn livelihood. He plans to rent a small area of land on the
outskirts of Ahmedabad to rear goats and cows to sell milk and milk products.
He estimates that to start this enterprise, Adam will require an initial
capital to the tune of Rs 7,00,000.
The group has already started its campaign to raise funds on Milaap website
appealing people to donate.
Describing the hardships faced by Ajmeri, the campaign reads at one place,
"Grim memories are woven into Adambhai's past, proffering neither solace nor
escape, and the future does not seem to hold in its uncertainty the promise of
a better life. He does not have the means to eke out even a meager living, much
less the ability to reconstruct his life from the shattered remains of what is
left of his past. Let us help Adambhai start afresh."
Interestingly, the campaign is turning out to be a major success as the group
is able to raise nearly 40% of the fund in only 3 days. There is an
overwhelming response on the group's Facebook page too.
The appeal in the end reads, "Your contribution towards setting up Adambhai's
business will help sustain him and his family. Support Adambhai and his family
to rebuild their lives and reclaim their lost years. Please donate."
Another acquitted person on death row, Abdul Qayyum has filed a petition with
the help of Jamiat Ulama-e-Hind, a socio-religious organization, before Supreme
Court seeking compensation and legal action towards police who falsely
implicated him in the case. The petition is pending before the Supreme Court.
(source: TwoCircles.net)
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