Sept. 24
INDIA:
SC sets free death row convict
A death row convict was today set free by the Supreme Court saying the
prosecution has not proved the charge against him of murdering his wife and
five daughters on the basis of evidence on record.
\Justices Ranjan Gogoi and U U Lalit acquitted the man, even as Justice P C
Pant, who was also part of the bench, dissented with their view and upheld the
conviction.
Justice Pant, however, commuted to life imprisonment, the death penalty awarded
to the Chhattisgarh native, saying the trial court and the High Court were
influenced by the brutality and the manner in which the crime was committed.
The 2:1 verdict came on the man's appeal against his conviction and sentence.
\According to the prosecution, Chhattisgarh-native Dhal Singh Dewangan, killed
his wife and 5 daughters on February 19, 2012.
In the majority verdict, delivered by Justice U U Lalit, the apex court held
that the appellant deserved to be acquitted as the prosecution had not proved
its case.
"We allow these appeals, set aside the judgments of conviction and sentence
recorded by the Courts below against the appellant and acquit him of all the
charges levelled against him. The appellant be set at liberty immediately
unless his custody is required in any other case," the majority bench said.
The majority bench held that the circumstantial evidence, based on which the
trial court had convicted the man, "did not form a complete chain of evidence."
"In our view, the circumstances mentioned do not form a complete chain of
evidence as not to leave any reasonable ground for the conclusion consistent
with the innocence of the appellant, nor do the circumstances exclude every
possible hypothesis except the guilt of the accused," they said.
Justice Pant, in his minority view, said "the State has failed to show that the
appellant is a continuing threat to the society or that he is beyond
reformation and rehabilitation. Both the courts below, in my opinion, appear to
have been influenced by the brutality and the manner in which the crime is
committed."
"But this Court cannot ignore the fact that there are no criminal antecedents
of the appellant. Also, it cannot be said that he is continuing threat to the
society or that he cannot be reformed or rehabilitated," he said.
Justice Pant also observed that the convict belonged to a "socially and
economically disadvantaged strata of the society" and considering the facts, it
found that life imprisonment would meet the ends of justice.
(source: Press Trust of India)
JAPAN:
Japan's bar federation targets abolishing death penalty for 1st time
The Japan Federation of Bar Associations will propose for the 1st time to its
members next month that they work for the abolition of capital punishment so
that even the worst offenders can be rehabilitated.
The proposal comes at a time when more than 2/3 of nations have abolished the
death penalty by law or in practice.
It also reflects concerns over miscarriage of justice, given that 4 death row
inmates were exonerated in the 1980s through retrials and another death row
inmate was freed in 2014 following 48 years behind bars after a court reopened
his case. The decision has been appealed by prosecutors.
"If an innocent person or an offender who does not deserve to be sentenced to
death is executed it is an irrevocable human rights violation," said Yuji
Ogawara, a Tokyo-based lawyer who serves as secretary general of a JFBA panel
on the death penalty.
The proposal will be submitted to the federation's annual human rights meeting
on Oct 7 in Fukui for formal adoption as a JFBA declaration.
The federation is targeting abolition of the death penalty by 2020, when the
U.N. Congress on Crime Prevention and Criminal Justice will be held in Japan.
In its 2011 declaration, the federation urged the government to immediately
start public debate on the death penalty, but stopped short of clearly calling
for its abolition.
Since then, the federation has carried out more in-depth discussions on the
issue by organizing symposiums, exchanging views with lawmakers, Justice
Ministry officials, journalists and diplomats as well as those in religious
circles.
It has also sent delegations overseas to research penal systems in countries
including Britain, South Korea, Spain and the United States.
"There are still lawyers who support the death penalty, but I think we have
developed an environment that enables us to seek its abolition," said Ogawara,
who was involved in drafting the proposal.
As an alternative to the death penalty, the federation proposes whole life
sentences without parole should be considered as 1 option.
But even if whole life sentences without parole are given, there should be
scope for subsequently reviewing the sentence if an offender has truly been
rehabilitated, as it would be inhumane to allow no possibility of such inmates
ever being released, it says.
Those who commit crimes, in many cases, are the socially disadvantaged who
could be rehabilitated with appropriate approaches, Ogawara said. "The penal
system should contribute to promoting social reintegration of offenders, rather
than satisfying the desire for retribution."
It is also important to enhance assistance measures for crime victims and their
bereaved families, the JFBA says in the proposal, stressing the need to provide
continued support to them "as the primary responsibility of society as a
whole."
Japan was urged by the U.N. Human Rights Committee in 2014 to "give due
consideration to the abolition of the death penalty," but has legitimized its
continuance by citing the outcome of a survey that indicated more than 80 % of
people in Japan support the death penalty.
Critics maintain that the respondents were not provided with sufficient
information on the execution system.
The secrecy surrounding executions in Japan has been criticized at home and
abroad, with neither death row inmates nor their lawyers and families given
advance notice of hangings. It also remains unclear what criteria authorities
use in deciding when inmates are to be executed.
Japan hanged 2 death row inmates in March, bringing to 16 the total number of
people executed since Prime Minister Shinzo Abe came to power in December 2012.
(source: Japan Today)
ZIMBABWE:
More death row inmates fight capital penalty
The Constitutional Court (ConCourt) will next week hear the third case of death
row inmates fighting to have their sentences commuted.
Legal experts, Veritas, who recently also took two other death row cases to the
ConCourt, will next Wednesday assist condemned prisoners Farai Lawrence Ndlovu
and Wisdom Gochera to fight for the commuting of their death sentences. The
pair are represented by Tendai Biti of Biti Law Chambers.
Ndlovu has been at Chikurubi Maximum Security Prison for the 2012 murder of
Michael Sunderland and Geoffrey Andrew Povey, while Gochera was convicted of
the murder of a South African in 2002.
According to Veritas, the 2 were sentenced to death shortly before the new
Constitution came into force in 2013.
"The argument, on their behalf, is that the new Constitution effectively
abolished the pre-existing law that provided for the carrying-out of the death
penalty and the new law providing for the death penalty had not been enacted at
the time the court application was filed.
"Hence, the argument is that they cannot now be executed because the law to be
applied is the law as it existed at the time of filing the application,"
Veritas said in a statement.
Other death row cases that Veritas took to the ConCourt are those of Cuthbert
Tapuwanashe Chawira and others versus the Minister of Justice and others, and
Emmanuel Dolosi versus the Minister of Justice and another.
Chawira and other death row inmates have been awaiting execution for lengthy
periods, with some going up to 18 years living in constant fear that any day
they will be called for execution, and living in appalling jail conditions,
coupled with other cruel and inhuman treatment.
Although the ConCourt sat to hear the 2 cases, it has not yet passed a
judgment.
Vice-President Emmerson Mnangagwa (pictured), recently attended the 9th
International Meeting of Justice Ministers in Rome, Italy, where he said
Zimbabwe was on the path to abolishing the death penalty.
In July this year, Veritas also succeeded in getting the courts to agree that
life prisoners will now be eligible for parole like other convicts through a
case they helped bring before the courts, Makoni versus Commissioner of Prisons
and another.
The ConCourt ruled that life imprisonment without the possibility of release
constituted a violation of human dignity and amounted to inhuman and degrading
treatment or punishment in breach of sections 51 and 53 of the Constitution.
(source: NewsDay)
AUSTRALIA:
MP calls for death penalty for terrorism, child murder
Colourful Queensland MP George Christensen says those convicted of terrorism
involving death and child rape-murder should face the death penalty.
Outspoken Liberal-National Party MP George Christensen says Australia should
resurrect the death penalty but only for particular cases.
In an interview with the Courier-Mail newspaper, the North Queensland MP said
it could be imposed for terrorism crimes involving death and for the rape and
murder of children.
"I personally think it's warranted in some instances, but I'm not gung-ho
enough to think I can, or anyone can, reinstate it in Australia," he said.
(source: sbs.com.au)
PHILIPPINES:
Death penalty support shaky
Public support for the restoration of the death penalty is weak and shallow.
Many Filipinos who appear to favor the revival of capital punishment are merely
venting their exasperation over the miserable performance of our criminal
justice system.
Filipinos hunger and thirst for justice, not for blood. And this craving for
justice may be satisfied only by profound and comprehensive reforms in law
enforcement, prosecution service, the judiciary and our prisons.
This was shown in the results of an online poll on the House of
Representatives' official website, which showed that 50 % of participants
favored the renewal of the death penalty, while 48 % rejected it, with 2 %
undecided.
The ratings imply that the reinstatement of the death penalty is a highly
discordant matter that is best deferred by Congress.
The blame for the dismal functioning of the justice system that has deeply
frustrated and angered many Filipinos is on widespread corruption.
Many citizens still do not report crime victimizations simply because they do
not have confidence in our justice system. And the primary reason for this lack
of public trust is corruption, which we have to eradicate first.
In fact, many homeowners in middle class subdivisions are extremely wary of
opening their doors to Oplan Tokhang precisely because they're scared corrupt
officers might put in false drug evidence.
(source: Opinion; Lito Atienza, House senior deputy minority leader and Buhay
party-list representative----Sun-Star)
MALAYSIA----execution
Canny Ong rapist-killer finally hanged
The 40-year-old who formerly worked as an aircraft cabin cleaner had spent 11
years on death row appealing against his death sentence without success and was
hanged about 6am yesterday, after meeting his family for the last time the day
before, The Star reported today.
The daily cited an unnamed Kajang Prison spokesman saying he was later buried
at the Sungai Kantan Muslim cemetery in Kajang.
Lawyer Mohamed Haniff Khatri Abdulla who had previously represented Ahmad Najib
described the latter as a "good Muslim" while in jail to the newspaper, adding
that prison officials related how he often led other inmates in prayer and
taught them about religion.
"To me, at least the time he was in prison, he was a better person than many
outside," Mohamed Haniff was quoted saying.
The 2003 murder case that was well-covered by the media sparked a nationwide
uproar at that time due to the seemingly random violence perpetrated.
According to past reports, Ong, who was a US-based IT specialist home for a
visit, was abducted from the carpark of the Bangsar Shopping Complex on June
13, 2003.
Her charred remains were found in a manhole along Old Klang Road here, several
days later.
Forensic tests carried out later showed she had been raped.
Ahmad Najib was subsequently arrested and charged based on the forensic and
criminal evidence. He was convicted and given the maximum sentence of 20 years
imprisonment and 10 strokes of the rotan for Ong's rape and the mandatory death
penalty for her murder.
In a separate statement, Amnesty International Malaysia which opposed the death
penalty, condemned the government for the secret execution of Ahmad Najib.
Its executive director Shamini Darshni Kaliemuthu noted that Malaysia is not
the only country that provides the capital punishment, but said the authorities
should follow international laws and standards and provide sufficient advance
notice to convicted killers on death row to enable them to seek further
recourse at the national or international level.
"There is no convincing evidence to support the argument that the death penalty
prevents crime more effectively than other punishments including life
imprisonment. Further, statistics from countries which have abolished the death
penalty show that the absence of the death penalty has not resulted in an
increase in the crimes previously subject to capital punishment.
"What does hanging Ahmad Najib really achieve?" she asked.
AI Malaysia said Ahmad Najib's execution is only the 4th known to have taken
place in the country and suspects there have been more executions conducted
secretly.
"Amnesty International Malaysia does not downplay the seriousness of crimes
committed, but we urge the authorities to consider introducing more effective
crime prevention measures especially when there is overwhelming evidence that
proves that the death penalty does not deter crime," Shamini added.
(source: themalaymailonline.com)
***************
Amnesty condemns execution of man convicted for Canny Ong's murder
Amnesty International condemned the quiet execution of Ahmad Najib Aris, who
was hanged Friday after spending 13 years on death row for the rape and murder
of Canny Ong Lay Kian.
"The death penalty is never an answer. Hanging a man for murder is not justice,
it is revenge.
"We oppose the use of capital punishment regardless of the crime committed,"
Amnesty International Malaysia executive director Shamini Darshni Kaliemuthu
said in a statement Friday.
Shamini said that while international law allows for the death penalty to be
meted out for the most serious crimes, the lack of transparency on the use of
the death penalty in Malaysia raises crucial concerns.
???International law and standards require that in countries which have yet to
abolish the death penalty, the authorities must ensure that prisoners under the
sentence of death and their families are given reasonable advance notice of the
scheduled date and time of the executions.
"From Amnesty International Malaysia's experience in dealing with imminent
executions, families are only informed between 72 and 24 hours before.
"Also of concern is the authorities deliberately concealing or minimising
public scrutiny over imminent executions," she said.
Shamini said transparency in the use of the death penalty is important to avoid
aggravating mental trauma of prisoners sentenced to death and is also a
critical safeguard against unlawful executions.
"International standards on the use of the death penalty also set out that
condemned prisoners and their lawyers be officially informed of the date of
execution in sufficient time to take any further recourse available at the
national or international level.
"However, we understand that lawyers in Malaysia are not informed of impending
executions of their clients as case proceedings would have concluded," she
said.
Due to the lack of transparency, Shamini said there were possibility of more
executions which have not been disclosed by the authorities.
Shamini added that there is no convincing evidence to support the argument that
death penalty can prevent crimes more effectively compared to other punishments
including life imprisonment.
"Further, statistics from countries which have abolished the death penalty show
that the absence of the death penalty has not resulted in an increase in the
crimes previously subject to capital punishment.
"Amnesty International Malaysia does not downplay the seriousness of crimes
committed, but we urge the authorities to consider introducing more effective
crime prevention measures especially when there is overwhelming evidence that
proves that the death penalty does not deter crime," she said.
In 2003, then 27-year-old Ong's charred body was found in a hole, below 2
cement-filled tyres were found 4 days after her kidnap.
Forensic investigation led to the arrest of Ahmad Najib, also 27-years-old at
that time, who had raped her before killing her by stabbing her twice.
(source: malaysiakini.com)
IRAN:
Juvenile Offender Forgiven for Murder, Saved from Execution
Rauf Hasani, a juvenile prisoner on death row in Saqqez Central Prison on
murder charges, has been saved from execution after the complainants on his
case file forgave him.
A source close to Rauf tells Iran Human Rights: "The Hasani family and the
family of the murder victim were present in court on September 14, 2016. At the
hearing the murder victim's family agreed to forgive Rauf on the condition that
he moves out of Saqqez and that he can only return in the event of a funeral
for one of his immediate family members. The Hasani family agreed to the
condition and the presiding judge confirmed it."
According to confirmed sources, Rauf Hasani, who was born in January 1997, was
arrested by Iranian authorities in August 2013 in the city of Saqqez (Kurdistan
province, northwestern Iran) on murder charges. Rauf, 16 years old at the time
of his arrest, was sentenced to death in spring 2015 by the civil court in
Saqqez.
Rauf, who has only completed school up to the 5th grade, is currently still
held in the juvenile offenders ward of Saqqez Central Prison where he is
awaiting a retrial.
Rauf Hasani is among 7 death row juvenile offenders identified in a recent
report published by Iran Human Rights.
**********************
Least 11 Prisoners in Imminent Danger of Execution at Rajai Shahr Prison ----
Their executions are reportedly scheduled to be carried out on Wednesday
September 28.
At least 11 prisoners are reportedly scheduled to be executed on Wednesday
September 28 at Rajai Shahr Prison.
On the morning of Thursday September 22, at least 11 prisoners in Karaj's Rajai
Shahr Prison were reportedly transferred to solitary confinement in preparation
for their executions. Confirmed sources say that most of the prisoners were
sentenced to death on murder charges.
Their executions are reportedly scheduled to be carried out on Wednesday
September 28.
(source for both: Iran Human rights)
********************
Iran Executes Hundreds of People Each Year in Its UN-Funded War on Drugs
The latest session of the United Nations General Assembly is underway in New
York City. The assembly has featured many speakers, including Iranian President
Hassan Rouhani, who used the platform to address extremism in the world as well
as the landmark nuclear deal with the United States and other world powers.
One thing he did not mention was the death penalty. Iran has one of the globe's
highest rates of capital punishment, a fact that if ignored inside the chamber,
was highlighted by protesters outside the General Assembly.
Many of the executions are carried out in the name of Iran's war on drugs, one
of the bloodiest in the world. By Iran's own admission, 93 % of the 852
reported executions between July 2013 and June 2014 were drug-related. In 2015,
Iran put more than 966 individuals to death, the majority of whom appear to
have faced drug-related charges.
And the United Nations is complicit. The United Nations Office on Drugs and
Crime (UNODC) has for years given the Islamic Republic funding for its
anti-drug efforts, a partnership that has raised serious concerns about the
morality and legality of the UN's program, but will probably go unscrutinised
at the General Assembly.
The UNODC was established in 1997 to address issues related to drug trafficking
and abuse, among other issues related to crime and punishment. It has an
estimated biennial budget of 700 million US dollars, and the majority of this
funding comes from Western countries, many of whom have outlawed capital
punishment in any form.
The UNODC has given Iran more than 15 million US dollars since 1998 to support
operations by the country???s Anti-Narcotics Police. This is despite
significant evidence that Iran???s governmental drug policies violate
international law, and fall short of UNODC's own standards.
The UK-based human rights NGO Reprieve has linked funding from the UN to at
least 3,000 executions in Iran, including the execution of juvenile offenders.
In 2014, for example, Iran reportedly hanged an Afghan juvenile, 15-year-old
Jannat Mir, for an alleged drug offense, despite the fact that he was a minor.
Those who are executed are often individuals who are marginalized in Iranian
society. This includes undocumented migrants and refugees from neighbouring
Afghanistan, as well as ethnic and religious minorities who face
disenfranchisement in Iran.
In February 2016, it was reported that Iran executed the entire adult male
population of one village based on drug charges. The village, Roushanabad, is
located in Balochistan, Iran's poorest province. The population consists of
ethnic and religious minorities, many of whom earn their livelihood through
smuggling.
Those who face drug charges are often denied due process. A 2014 report by
Ahmad Shaheed, the UN Special Rapporteur on Human Rights in Iran, quoted an
experienced Iranian lawyer who said that drug trials "never last more than a
few minutes." Prisoners are often denied access to counsel, and claim that
confessions are forced under torture.
Human Rights Watch has accused Iran of using drug charges against political
prisoners and dissidents, raising further concerns about the implications of
the UNODC's support for the country's anti-drugs program. In 2009, Zahra
Bahrami, a citizen of both the Netherlands and Iran was arrested and accused of
drug trafficking - a charge she denied. She claimed her confession was
extracted under duress, and activists contend that her arrest was based on her
political views. She was executed in 2011.
"Iran has hanged more than a hundred so-called drug offenders this year, and
the UN has responded by praising the efficiency of the Iranian drug police and
lining them up a generous 5-year funding deal," said Maya Foa, strategic
director of Reprieve's death penalty team, in an interview with the Guardian in
2015.
Instead of focusing primarily on endemic problems such as poverty and a lack of
opportunities for youth that foster drug abuse, Iran continues to enact
draconian punishments on individuals, including publicly executing them.
Observers argue these killings are a strategy by the regime to maintain
political authority through intimidation, as opposed to tackling the problems
of poverty and drug abuse through treatment and economic development.
From a legal perspective, there is ample evidence that Iran's executions are a
violation of international human rights law, as enshrined in the International
Covenant on Civil and Political Rights (ICCPR). The ICCPR, to which Iran is a
party, explicitly reserves capital punishment for only "the most serious
crimes." Article 6 of the ICCPR explicitly states that the death penalty cannot
be imposed if a fair trial has not been granted.
In 2012, the UNODC released a position paper that appeared to critique its own
involvement in Iran. The paper noted that cooperation with countries which use
capital punishment "can be perceived as legitimising government actions." It
concluded that in such circumstances the organisation "may have no choice but
to employ a temporary freeze or withdrawal of support." Yet the UNODC has never
publicly expressed a desire to withdraw support from its Iran program.
Iran has thus far practised its drug executions with impunity, and will likely
avoid tough questions at the UN. Under current President Hassan Rouhani, who is
often perceived and presented as a "moderate" politician, the rate of
executions is higher than it was during the hardline presidency of Mahmoud
Ahmadinejad - a reality that seemingly betrays Rouhani's own support base and
promises of "prudence and hope." In 2015, the UN Special Rapporteur on Human
Rights Ahmad Shaheed noted that "the overall situation has worsened" with
respect to human rights under Rouhani.
While the responsibility of executions and incarcerations lies foremost with
the judiciary, the Rouhani administration and the appointed minister of
justice, Mostafa Pourmohammadi, have remained silent and inactive on the issue.
The hypocrisy in aiding Iran is not lost on everyone. The UK, Denmark and
Ireland have withdrawn funding for UNODC's Iran program, citing human rights
concerns. However, other countries including Norway and France continue to
provide funding. In 2015, the UNODC renewed a 5-year commitment with Iran
promising an additional 20 million dollars. As the UN General Assembly
convenes, the issue of funding Iran's executions appears to have been left off
the agenda.
(source: globalvoices.org)
KENYA:
Get rid of death penalty, urge Murang'a residents
Kenyans want the government to get an alternative penalty to be meted on people
found guilty of capital offences. The sentiments emerged during a public
hearing forum organised by the Power Of Mercy Advisory Committee in Murang'a
county on Wednesday.
Local residents said the said the government should drop execution of convicts
and instead engage them in other productive activities and their sentence
lowered to life imprisonment.
POMAC vice-chair Regina Boisabi said the committee was collecting views from
the public to help formulate policy on death penalty going by the guidelines
given by the United Nations to help Kenya give its stand on death penalty.
She said there are about 3, 000 people sentenced to death who are held in
Kenyan prisons. "We have been to 24 counties and the views we collect from
people shall direct our report."
(source: mediamaxnetwork.co.ke)
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