July 23




IRAQ:

Stalled death sentences spur debate in Iraq


The Karrada blast, which killed about 300 Iraqis on July 3, brought attention to the thorny issue of the convicted terrorists who have spent years on death row awaiting execution. Amid popular discontent, the Iraqi government seems unable to resolve the issue of capital punishment, which is associated with the legal system inherited from the former regime.

Summary? Print Following the recent terrorist attacks in Baghdad, Iraqi authorities are under pressure to expedite the execution of terrorism convicts.

Under strong political and public pressure, the Iraqi presidency ratified an amendment to the Code of Criminal Procedure on July 7, a full year after its passing in the House of Representatives. The code enters into force as of its publication in the Official Gazette this week.

The law is expected to accelerate the execution process of those convicted of terrorism and will put an end to "the neglect of the blood of the martyrs," according to Habib Hamza al-Torfi, a member of the parliamentary commission on human rights. He pointed out to Al-Monitor, "The delay in the execution of terrorists is encouraging those who are tempted to join terrorist and armed groups." Torfi criticized the presidency for the delay in approving the delay in exectuions.

Before the amendment, Criminal Procedure Code 23 of 1971 had stipulated that each person sentenced to death had the right to 4 appeals. These can delay the process for more than 2 1/2 years. In addition, the committee set up by former President Jalal Talabani requires up to a year and a half in some cases to examine the cases of the convicts.

In August 2015, the Iraqi Parliament voted to amend the law and sent it to the presidency for approval, a bureaucratic mechanism that normally takes as little as a few days or weeks.

Torfi expected the presidency's ratification of the amendment to expedite the execution of terrorists, saying their prolonged stays in prison of several years are costly to the state. "1 inmate costs the state about $50 per day at a time when the country is going through a financial crisis and adopting austerity policies."

The new amendment stipulates the right to 1 appeal instead of 4 and provides for the Justice Ministry's implementation of the death penalty within 30 days regardless of whether the president ratifies the sentence.

Notably, in November 2009, the Supreme Judicial Council issued a death sentence for Adel al-Mashhadani, the leader of Sahwa al-Fadel and the most prominent terrorism convict, but the death sentence was not carried out until January 2014, more than 5 years later.

While the Justice Ministry announced the execution of seven convicts July 5, only 2 of them turned out to have been convicted of terrorism, while the rest were convicted of other crimes. Also, the ministry had announced the implementation of death sentences for 73 convicts who later turned out not to be convicted of terrorism.

Mohammed al-Okabi, a political analyst close to the Sadrist movement, told Al-Monitor that some of the executed supported the movement but were convicted of premeditated murder, and the movement leaders cannot interfere in purely judicial matters that have already been settled, especially as the leader, Muqtada al-Sadr, is leading a new anti-government protest movement.

Okabi said, "The Sadrist leaders believe that their followers in prisons are mostly sentenced to imprisonment for various terms, and those sentenced to death were convicted of murder, not resisting the occupier." He mentioned the Sadrists' respect for the Iraqi judicial decisions and ruled out any link between the execution of convicts and the renewal of the Sadrist leader's call for reform.

It is worth mentioning that the Karrada explosions were followed by a campaign on the part of Iraqi activists and political parties to demand the execution of terrorists. They accused the government of collaborating with terrorist groups and leniency toward those who fled persecution.

An armed faction of the Popular Mobilization Units (PMU) interfered and threatened to execute terrorists itself. Sheikh Aws al-Khafaji, commander of the Abu al Fadl al Abbas forces, one of the Shiite PMU factions, revealed in a July 12 statement his intention to go to al-Hout prison in the Dhi Qar province in southern Iraq and his determination to execute terrorists in the presence of the families of martyrs. Khafaji said he informed the justice minister of the matter by telephone. One day later, he appeared on NRT TV and assured the government that no soldier would be attacked. He said that he had pledged to take the families of martyrs to watch the executions.

According to a source from the Supreme Judicial Council who talked to Al-Monitor on condition of anonymity, al-Hout prison contains about 145 Saudis, most of whom were sentenced to death on charges related to Article 4 of Iraq's Anti-Terrorism Law. The Saudi ambassador to Baghdad, Thamer Sabhan, visited the prison in agreement with Iraqi Justice Minister Haider al-Zamili, causing a stir in political and popular circles.

On a related note, a senior political source revealed to Al-Monitor on condition of anonymity that dozens of officials and Supreme Judicial Council judges received bribes from terrorist groups in exchange for withdrawing or removing evidence from the file of the terrorism convict after requesting a retrial and transfer to another court or another judge, in order to receive a lighter punishment or get released.

The source pointed out, "In some cases, the bribes were up to half a million dollars and were paid with the knowledge of some of the judges."

The Supreme Judicial Council is operating within an antiquated system that was established under the monarchy in the early 20th century, unchanged despite the evolution of the executive and legislative branches.

(source: al-monitor.com)






GUYANA:

Guyana could hold referendum on death penalty


The Assistant Secretary-General of the Office of the High Commissioner for Human Rights, Ivan Simonovic, says he respects the position taken by President David Granger regarding the abolition of the death penalty in Guyana.

Earlier, Minister of Natural Resources Raphael Trotman said the government is in no rush to remove the death penalty after Justice Pilay urged Georgetown to move towards abolishing the death penalty as well as to repeal legislation providing for convicted terrorists to be put to death.

Trotman said government now finds itself in a position where it has been asked to enact laws such as those to avoid being named a "pariah state".

However, a subsequent government statement quoted President Granger as saying that he would be guided by advice from the National Assembly and public consensus and even hinted at the possibility of a referendum.

Simonovic, who led a UN delegation that included Justice Navi Pillay, a member of the International Commission against the Death Penalty, met with President Granger and according to the statement issued afterwards, said that the President's strong statements against assenting to capital punishment and seeking public consultation in the matter must be respected and appreciated.

The statement noted that Granger in a television programme to be aired this weekend, reiterated his position that he did not intend to order the execution of anyone.

"I am advised by Cabinet. I am advised by my coalition partners. I am advised by the National Assembly and in the final analysis, by the people of Guyana. Guyana is an independent sovereign state and it is not for me to get ahead of what the people want. I do not envisage any circumstance under which I would be willing to assent to the death penalty even though it remains on the books."

Granger noted that "there has been a moratorium of over 2 decades and what I would say is that if the Cabinet were to consider it, if the National Assembly were to consider it and even if there was a deadlock, we can go to a referendum. "Let the people say what they want to occur in this jurisdiction, in the state of Guyana. That is transparency, that is openness, that is consultation. What do the people want? So that is my approach."

Simonovic is quoted by the government statement as saying that he is especially appreciative of the President???s insistence on taking a decision only after the citizens of the country have been consulted and their views made known.

"[The] President's statement that we have heard recently that during his tenure there will not be any execution is very encouraging. I would think that also it is very encouraging that the government is thinking in terms of establishing a committee that will be reflecting on the issue of death penalty.

"It is extremely good because experience in other countries have proven that the more you raise information, the more discussion about the death penalty, there is a strengthening of the trend of moving away from it so we welcome this development very much. We also think that this discussion is a good opportunity to make a formal decision," Simonovic said.

(source: jamaicaobserver.com)






INDONESIA:

Executions near after prisoner loses appeal----3rd round of executions moves ever nearer after Indonesian court rejects case review from drug lord


Indonesia's Supreme Court has rejected a case review filed by a convict on death row scheduled to be executed with several foreign nationals in the country's next round of executions.

Supreme Court spokesman Ridwan Mansyur confirmed Friday that an appeal received by the court July 13 from the lawyer of Freddy Budiman -- sentenced to death by a Jakarta court in 2012 after being found guilty of smuggling 1.4 million ecstasy pills from China -- had been lost.

"Yes, it is true that his case review has been rejected," kompas.com reported him as saying.

Attorney General Muhammad Prasetyo has previously said that Budiman was on a list of death row convicts to be executed in an upcoming 3rd round of executions, and they would not take place until the court had made its decision.

Last year, President Joko Widodo's administration executed 14 prisoners in 2 stages, inviting scathing criticism from the countries involved and the wider international community.

On Friday, Prasetyo expressed happiness at the decision, saying the public had been waiting for the news so that the executions could go ahead.

"It was what we expected. The community had been waiting for this," he was reported as telling reporters at his office.

In a budget meeting in the House of Representatives last month, Prasetyo said it plans to execute 18 drug dealers this year, although he declined to name them.

"I forgot their citizenship. There are many," detik.com quoted him as saying.

When pressed earlier this month, metrotvnews.com reported he had said that inmates from Nigeria, Zimbabwe, and Indonesia will be on the list, but added there were none from Europe.

Kompas.com has reported that all preparations for the executions have now been completed, including preparing clergy, a firing squad and doctors.

It quoted Prasetyo as saying that the executions would once again be carried out in Nusakambangan prison island in Cilacap, Central Java.

After being accused of coordinating drug trafficking operations from inside his prison of Bogor, West Java, Budiman was moved to the Central Java prison.

(source: Anadolu Agency)

*******************

Indonesia Getting Ready for Third Round of Drug Convicts Execution


Attorney General HM Prasetyo said on Friday (22/7) his office is still making preparations to execute a number of drug convicts on death row. The official did not say however how many death-row inmates will be sent to the gallows and when it will happen.

He only said that they comprised Indonesians and foreigners and that, like in the past, they will be executed in the Nusakambangan prison island off southern Central Java.

HM Prasetyo made those remarks in his hearing with Commission III of the House of Representatives (DPR) responsible for law affairs on Friday (22/7), Kabar24.com reported.

On Thursday (21/7), the Attorney General said his office is now '55 % ready' to execute the death-row inmates.

When materialized, it will be the 3rd execution convicted drug traffickers in Indonesia. 8 people faced a firing squad in on April 29, 2015 while 6 faced the same fate on January 18 in the same year, all in Nusakambangan.

The 6 prisoners included one Indonesian national. And, the 8 also included 1 Indonesian.

News reports about the government's plan to execute more drug convicts were mixed with public speculations that President Joko 'Jokowi' Widodo is mulling to abolish death penalty. Government officials denied such speculations, however.

The execution of the 16 drug traffickers roiled relations between Jakarta and other countries including Australia which temporarily withdrew its ambassador.

(source: globalindonesianvoices.com)






SAUDI ARABIA----execution

Saudi executions exceed 100 this year


Saudi authorities on Friday executed a man for murder, the interior ministry said, bringing to 101 the number of people put to death this year in the ultra-conservative kingdom.

Fahad Abdulhadi al-Dusari was found guilty of shooting dead fellow Saudi Mubarak bin Mohammed al-Dusari following a dispute, the ministry said in statement carried by the SPA state news agency.

He was executed in Riyadh province, it said. Saudi Arabia's growing use of the death penalty has prompted Amnesty International to call for an "immediate" moratorium on the practice.

The kingdom imposes the death penalty for offences including murder, drug trafficking, armed robbery, rape and apostasy.

Most people executed are beheaded with a sword.

There were no beheadings during the Muslim fasting month of Ramadan, which began in the kingdom on June 6. However, capital punishment resumed on Sunday when authorities put a Saudi murderer to death.

On Thursday, authorities carried out the 100th execution of the year, executing another murderer.

"Saudi Arabia is speeding along in its dogged use of a cruel and inhuman punishment, mindless of justice and human rights," said Amnesty's Middle East and North Africa head Philip Luther.

"At this rate, the Kingdom's executioners will soon match or exceed the number of people they put to death last year," he said.

Many of those executed are convicted after "deeply unfair trials," he said.

Amnesty says the kingdom carried out at least 158 death sentences last year, making it the 3rd most prolific executioner after Iran and Pakistan.

Amnesty's figures do not include secretive China.

"The Saudi Arabian authorities must immediately establish an official moratorium on executions and abolish the death penalty once and for all," Luther said.

Murder and drug trafficking cases account for the majority of Saudi executions, although 47 people were put to death for "terrorism" offences on a single day in January.

They included prominent Shiite cleric Nimr al-Nimr, whose execution prompted Iranian protesters to torch Saudi diplomatic missions, triggering a diplomatic crisis between the two arch-rivals.

(source: Agence France-Presse)

***************

Saudi Arabia passes 'grim watershed' as it executes 100th person this year


According to the Saudi Press Agency, Saudi Arabia's Ministry of Interior announced that an execution was carried out in Riyadh today bringing the total number of executions carried out so far in 2016 to 100. In response to this news, Philip Luther Director of Amnesty International's Middle East and North Africa Programme said:

"This is a grim watershed. With its 100th execution this year, Saudi Arabia is speeding along in its dogged use of a cruel and inhuman punishment, mindless of justice and human rights.

"At this rate, the Kingdom's executioners will soon match or exceed the number of people they put to death last year - which, at 158, was the highest recorded figure since 1995.

"Many of those executed have been convicted after deeply unfair trials, as a result of flaws in the justice system. The Saudi Arabian authorities must immediately establish an official moratorium on executions and abolish the death penalty once and for all."

(source: Amnesty International)

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