April 16
PAKISTAN:
Death Penalty? Not So Fast, Says Pakistan's Supreme Court
In January, Pakistan established controversial military courts for terrorism
cases in the wake of a deadly Taliban attack on a school that killed 150
people, most of them schoolchildren. The idea, Prime Minister Nawaz Sharif
said, was to expedite the trial and punishment of terrorists.
That may not happen so quickly, at least in cases of capital punishment. On
Thursday, the country's Supreme Court stayed the execution of 6 men found
guilty of terrorism by military courts earlier this month until legal
challenges to the formation of these courts are settled.
Pakistani lawyers and human rights groups say they are concerned that the
military courts, 9 of which have been established so far, may violate citizens'
fundamental rights and not meet the standards for fair trial. The country's top
bar associations challenged the law establishing the courts in February, asking
the Supreme Court to examine the legality of the military courts.
"Our argument is that if the Supreme Court is examining the legality and
constitutionality [of military courts], and if, let's assume, it accepts our
petitions [against them], and there is an execution before that, you can't
reverse that," said lawyer Kamran Murtaza, one of the petitioners against the
military courts. "You only get your life once. If you take it away, there is no
reversing that."
Critics say the new courts unnecessarily bring the military into the judicial
system, instead of strengthening the existing system. Pakistan's courts are
plagued by inefficiency, officials say, and terrorism cases are particularly
difficult to prosecute because of threats to judges, witnesses and prosecutors.
The Supreme Court only stayed executions, however, and did not order military
courts to stop trials and sentencing, lawyers and Supreme Court officials said.
The 6 men whose executions have been stayed were among the 1st 7 people
convicted and sentenced for terrorism by the military courts earlier this
month. The 7th man received a life sentence.
The Attorney General's office declined to comment. Military officials were not
immediately available for comment.
Pakistan's government and military have said that military courts are a
necessary measure in the country's fight against terrorism, and are temporary.
According to the constitutional amendment that led to their creation, the
courts will cease to exist after 2 years unless renewed by parliament. Those
convicted by military courts have the right to appeal in higher courts.
The International Commission of Jurists has called Pakistan's military courts
"a serious blow to human rights and rule of law in the country," saying they
don't meet international standards for free trial and lack transparency.
(source: Wall Street Journal)
****************
Asma Jahangir files petition against death sentences by military courts
Supreme Court (SC) has stayed the execution of condemned prisoners, including 6
militants convicted by military courts.
The court has maintained "the execution will remain stayed unless the court
gives decision." Chief Justice of Pakistan (CJP) Nasir ul Mulk remarked "as we
are hearing the matter of challenging some amendment, therefore, it is highly
essential that these convictions be stayed. If we accept these petitions and
someone is hanged in the meantime then how he will return."
Justice Jawwad S Khawaja has remarked "under article 9 of the constitution,
protection is provided to the life of that person. Why there is any need to
show haste. These sentences can be implemented later. Let us decide first."
Justice Asif Saeed Khosa remarked "when SC had declared military courts
illegal, then 2 persons were hanged till that time. This is very sorrowful
matter. We don't want such thins now."
A full bench of SC comprising 17 judges and presided over by Chief Justice of
Pakistan (CJP) Nasir ul Mulk, took up for hearing a petition filed by Supreme
Court Bar Association (SCBA) seeking interim order, for staying execution of
condemned prisoners Thursday.
The court inquired from Attorney General (AG) that petition has come seeking
staying of execution of prisoners, who have been awarded death penalties by
military courts what he says about it.
AG said military courts are authorized under 21st constitutional amendment to
convict the accused in cases like this. This impression is wrong that some
institutions, including army are sacred cow. Constitution has conferred this
mandate upon military courts. Whosoever are court-martialed under clause 133-b
of army act, has right to resort to appellate forum.
CJP remarks "you know it well that we are hearing the case related to 21st
constitutional amendment, therefore it is necessary that execution of the
persons be stayed under this petition."
AG while objecting to it said "you cannot do so. When the accused have every
right to file appeal plea then why are you staying it." Justice Asif Saeed
Khosa remarked "under article 10-A of the constitution fair trial has been
ensured. Where will it stand? We don't want that someone is executed prior to
court's decision."
The court issuing interim order on the petition filed by Asma Jahangir stayed
the execution of 6 persons who were convicted and awarded death penalty by
military courts. Asma Jahangir on behalf of SCBA filed another miscellaneous
petition, in a case against the military courts set up under 21st
constitutional amendment making federal government respondent.
She has taken plea in this petition that "it has come in media that military
court has awarded death penalty to 6 militants and life imprisonment to a
militant. Media has also reported that no other information is available in
respect of the convicts. 21st constitutional amendment cannot undo fundamental
rights enshrined in the constitution. All the amendments are introduced in the
light of fundamental human rights. Did the military court try to provide
information to the accused by adhering to articles 10, 10-A, 12, 13 and 14 of
the constitution. Whether the arrested persons were enemy aliens? Were the
accused produced before the magistrate within 24 hours. Prisoners cannot be
deprived of the right of fair trial under article 10 of the constitution."
Asma Jahangir prayed the court to issue, interim order staying execution of
militants sentenced to death by military courts. The hearing of the case was
adjourned till April 22 on receipt of information of heart attack in respect of
wife of a sitting judge of full bench of court.
(source: The Nation)
************************
Verdict: SHC upholds death sentence for murderer
The Sindh High Court (SHC) on Thursday maintained the death sentence given to a
doctor for killing his fianc???e in 1996.
"The present case is one of the callous, brutal murder of an innocent girl in a
premeditated and calculated manner," remarked the 2 judges as they dismissed
the appeal made by the condemned man, Dr Muhammad Saleem.
The additional sessions judge, West, had on April 27, 2006, convicted the
doctor, who was tried after being on the run for 6 years.
The prosecution had accused Saleem of murdering his fiancee, Shakeela, and
burying her body in his private clinic in Lyari's Muhammadi Colony on December
13, 1996. Investigators alleged that he had killed her because he wanted to
marry another doctor.
Appealing against the capital punishment, Saleem claimed that he was wrongly
convicted by the trial court. The SHC judges observed that Saleem's "mere
relationship with the deceased by itself is not sufficient to discredit the
evidence."
They ruled that the trial court had rightly come to the conclusion that the
prosecution had proved its case against the appellant beyond any reasonable
doubt before awarding the death penalty.
The convict's lawyer, Amir Mansoob Qureshi, had argued that his client had
denied the allegations in his statement, which should be considered while
deciding the appeal. He added that the last seen evidence from the crime scene,
such as the recovery of the body, did not support the prosecution's
accusations.
The judges observed, however, that "there is nothing substantial in the
statement of the appellant" to discredit such confidence-inspiring evidence.
The lawyer also contended that the appellant had been incarcerated for over 13
years and pleaded for his release.
The judges maintained the death sentence handed to Saleem by the trial court
and dismissed his appeal.
(source: The Express Tribune)
INDONESIA:
Accused Kiwi drug mule granted sick leave----Antony de Malmanche has been
granted a week's leave from his drug smuggling trial, after collapsing in court
last week.
A New Zealand man has been granted a week's leave from his Bali drug smuggling
trial, after collapsing in a hearing last week.
Antony de Malmanche says he has a history of the heart condition angina, and
wants to be thoroughly examined.
The 52-year-old could face the death penalty for smuggling 1.7kg of
methamphetamine into Bali in December.
Chief Judge Cening Budiana, who noticed the Kiwi was ailing last week and
adjourned witness hearings, on Thursday granted him a week off.
The judge asked the prosecutor to take de Malmanche for a fuller check with the
prison's physician and bring the results to court next Thursday.
De Malmanche's son Shaun was in court for the 1st time on Thursday.
Lawyers for de Malmanche say their client was tricked into carrying the meth by
a drug syndicate that snared him on a dating website, and made him believe he
was coming to Bali to meet a woman named Jessie.
(source: sbs.com.au)
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