Oct. 25



IRAN----executions

5 Prisoners Executed on Drug Charges----Iranian authorities hang 5 prisoners early Tuesday morning for alleged drug related offenses, but Iranian official sources are silent about these executions.


5 prisoners were reportedly hanged early morning on Tuesday October 25 for alleged drug related offenses. Close sources say the execution sentences may have been carried out at either Karaj Central Prison or nearby Ghezel Hesar Prison.

Iran Human Rights is aware of the names of 3 of the prisoners: Saeed Pourhassan, Mehrshad Kalhori, and Milad Beigdeli. These 3 prisoners along with the other 2 were reportedly transferred to solitary confienement cells at Karaj Central Prison on Saturday October 22 in preparation for their execution.

"If they gave us until 2 in the afternoon, we could have stopped Saeed's execution. [Mehrshad Kalhori and Milad Beigdeli] had claimed to authorities that Saeed was guilty, but they wrote a letter retracting their claim stating that their confessions were false and given out of spite. They thought if they gave the names of others to the authorities that they all would be issued light prison sentences. We gave the letter to authorities and pleaded with them to postpone Saeed's execution for several hours. But, they threw the letter away and even attempted to run us over with a car," the brother of Saeed Hassanpour tells Iran Human Rights.

Iranian official sources, including the Judiciary and the media, have been silent about these 5 executions.

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4 Prisoners Executed in Iran


2 prisoners with drug related charges were reportedly hanged at Salmas Prison (West Azerbaijan province, northwestern Iran) and 2 prisoners with murder charges were reportedly hanged at Sepidar Ahwaz Prison (Khuzestan province, western Iran).

According a report by the the state-run news site, Rokna, 2 brothers charged with murder were hanged at Sepidar Ahwaz Prison on the morning of Monday October 24. The report identifies the prisoners as "Hassan" and "Mohsen".

According to the Kurdistan Human Rights Network and information received by Iran Human Rights, 2 prisoners, identified as Bakhtiar Khaledi and Shoresh Mizrapour, were hanged at Salmas Prison on Monday October 24 for alleged drug related offenses.

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

3 Prisoners Executed in Southern Iran


3 prisoners were reportedly hanged in Shiraz on kidnapping and rape charges. The exact location of the executions is not known at this time.

According to a report by the Judiciary in the Fars province, the executions were carried out on the morning of Monday October 24. The report says one of the prisoners was initially arrested on drug related charges.

The report identifies the prisoners as Reza N., Mohammad A., and Hashem P. Their execution sentences were reportedly issued by branch 4 of the criminal court in Fars and were confirmed by Iran's Supreme Court.

(source for all: iranhr.net)






SAUDI ARABIA:

'Gruesome' execution warrant casts light on Saudi death penalty


An execution warrant in Saudi Arabia was published to social media on Tuesday, providing a rare insight into how the death penalty is implemented in the secretive kingdom.

The warrant, posted to Twitter, ordered an unnamed prisoner to be executed in "Retribution Square" in the northern town of Qurayyat at 9am (0700 GMT).

Translation of tweet: Saudi Arabia returns to performing executions in public on Tuesday 9am according to a letter (top secret/urgent and important) with an accused in a drugs case after it (execution) was performed in prison.

The order was signed by the local police chief Mufdhi bin Abdallah al-Khamees and it instructed the Qurayyat General Hospital to "carry out the necessary procedure upon receipt of the prisoner's corpse" after the execution had taken place.

A doctor was also ordered to be present at the execution, which in Saudi Arabia is typically a public beheading carried out by a masked executioner with one blow to the neck with a long curved silver sword.

The doctor was required to attend the beheading to confirm the prisoner's death.

British human rights group Reprieve said they had information the execution was carried on Tuesday as ordered.

Reprieve said the publishing of the execution warrant exposed the nature of human rights abuses in the kingdom.

"It is chilling to see the Saudi execution procedure laid bare," Reprieve director Maya Foa said in a statement. "The gruesome details contained in this warrant only serve to highlight the shocking abuses that continue in the kingdom."

Prior to the latest executions, Human Rights Watch reported on 19 October that Saudi authorities have executed 134 prisoners so far in 2016.

Many of those executed in Saudi Arabia are convicted of drug charges, while other crimes that carry the death penalty include murder, and less commonly apostasy, adultery and homosexuality.

Earlier this month Saudi authorities executed a prince for the 1st time in over 40 years, after the royal had been convicted of murdering another man during a brawl.

The execution of Prince Turki bin Saud bin Turki bin Saud al-Kabeer brought praise in some quarters within the kingdom, with government supporters stating the sentence demonstrated no one is above the law in Saudi Arabia.

Saudi Arabia has come under increasing criticism for abuses as the kingdom stands for re-election to the United Nations Human Rights Council.

As well as highlighting a lack of women]s rights, Human Rights Watch said on Monday that Saudi Arabia should not be allowed to sit on the council because of its ongoing war in Yemen, where its military has been accused of committing an array of war crimes.

(source: Middle East Eye)






KENYA:

South Rift lawyers call for abolition of death penalty


The lawyer says a death sentence has become known as an "academic sentence" in legal circles because though Kenya allows capital punishment, the last execution was in 1986.

Senior lawyers in the South Rift have called for amendments to the penal code to abolish capital punishment.

Giving their views on the matter a day after President Uhuru Kenyatta commuted the death sentences of all 2,747 convicts on death row to life imprisonment, Law Society of Kenya South Rift Branch chairman Erastus Orina and former Rift Valley LSK chairman Kipkoech Ngetich said it was time for the death penalty to be scrapped.

Mr Orina noted that though the President's decision was an act of clemency, the courts would continue to sentence more people convicted of serious crimes to hang because they have no other option under the law.

Under the current laws, convictions on robbery with violence, treason and murder attract the death sentence.

"It would be good if the same is embedded on legal premise. Some people may view the President's move to commute the sentences to life imprisonment as having gone in conflict with existing laws.

"I believe our penal code must be amended to abolish the death sentence," said Mr Orina.

The long-serving lawyer noted that around the world, many countries have done away with the death penalty in favour of long prison terms, including life imprisonment.

"Most nations which have taken the move are of the view that killing a person does not change others and that no government has the right to take away anyone's life. For them, life sentences serve better in deterring crime than the death penalty," he said.

Mr Ngetich, for his part, noted that a death sentence has become known as an "academic sentence" in legal circles because, though Kenya allows capital punishment, the last execution happened in 1986.

"The death sentence is an academic sentence. It is enshrined in our law and we retain it for the fear of the unknown and nothing else. It should not last a day more in our statute books," said Mr Ngetich.

The last people to face the hangman's noose were Hezekiah Ochuka and Pancras Okumu, who were executed in 1986 for treason after being convicted of involvement in the 1982 attempted coup.

The debate over whether the capital sentence is still necessary has come up before, with human rights organizations calling for its abolition.

(source: The Nation)





PAKISTAN:

Take Action! - Halt Imminent Execution Of Man Harshly Sentenced


HALT IMMINENT EXECUTION OF MAN HARSHLY SENTENCED

The Supreme People's Court approved a death sentence which could result in the execution of Jia Jinglong at any time. According to lawyers, mitigating factors of his case were not taken into account during sentencing.

Write a letter, send an email, call, fax or tweet urging the authorities to:

* Halt any plans to execute Jia Jinglong and commute his death sentence without delay;

* Establish an official moratorium on all executions as a first step to abolishing the death penalty, as provided by five UN General Assembly resolutions, most recently resolution 69/186 of 18 December 2014;

* Commute all existing death sentences.

Contact these 2 officials by 6 December, 2016: Important note: Please do not forward this Urgent Action email directly to these officials. Instead of forwarding this email that you have received, please open up a new email message in which to write your appeals to each official. This will help ensure that your emails are not rejected. Thank you for your deeply valued activism!

Minister of Justice

Wu Aiying Buzhang

Sifabu

10 Chaoyangmen Nandajie

Chaoyangqu, Beijingshi 100020

People's Republic of China

Fax: +86 10 65292345
Email: pfmas...@legalinfo.gov.cn

Salutation: Dear Minister

Ambassador Cui Tiankai

Embassy of the People's Republic of China

3505 International Place NW,

Washington DC 20008

Fax: 1 202 495 2138 I Phone: 1 202 495 2266

Email: chinaembpress...@mfa.gov.cn

Salutation: Dear Ambassador

(source: Amnesty International USA)






INDIA:

Jigisha murder case: Delhi High Court seeks death row convicts response----It is mandatory for a trial court to refer a death penalty case to a high court for confirmation of the sentence within 30 days of the pronouncement of the verdict.


The Delhi High Court on Tuesday sought the reply of two death row convicts in the 2009 Jigisha Ghosh murder case, whose case file has been sent by the trial court here for confirmation of capital punishment. A bench of justices Gita Mittal and P S Teji also sought personal presence of convicts Ravi Kapoor and Amit Shukla, who were handed down death penalty by the trial court.

The bench, which has fixed the matter for further hearing on November 24, also issued production warrants to the 2. The sessions judge had sent the case record relating to the conviction and death sentence of Kapoor and Shukla to the high court.

It is mandatory for a trial court to refer a death penalty case to a high court for confirmation of the sentence within 30 days of the pronouncement of the verdict. The trial court had on July 14 held the duo guilty for murder of 28-year-old IT executive Jigisha Ghosh and other counts.

While sentencing the 2 to death on August 22, the trial court had said the girl was killed in a "cold-blooded, inhuman and cruel manner" and "brutally mauled to death". It had said the magnitude and brutality exhibited by the convicts made the case 'rarest of rare', warranting capital punishment for Kapoor and Shukla. The 3rd offender Baljeet Malik was given reprieve from the gallows for his good conduct in jail.

The 3 have challenged their conviction and order on sentence awarded by the trial court, on which the police were asked by the high court to file their response. Kapoor and Shukla in their appeal have said the trial court has "wrongly held that the case falls in the category of rarest of rare".

Malik, challenging his conviction and sentence of life term through his counsel Amit Kumar, has said the trial court judge has "failed to appreciate that there were contradictions and discrepancies in the depositions of prosecution witnesses (PWs) and, therefore conviction and the sentence awarded to him is liable to be set aside". Shukla said the trial court has committed grave error by awarding death penalty to him, simply on the basis of biased jail/probation report about his client.

The trial court had imposed varying fines on the convicts. While Kapoor was slapped a fine of Rs 1.2 lakh due to his inability to pay, Shukla and Malik were directed to pay Rs 2.8 lakh and Rs 5.8 lakh respectively as the pre-sentencing report had suggested they were financially strong. The trio are also facing trial for the murder of TV journalist Soumya Viswanathan, killed a year before Jigisha.

It had also directed that out of the total fine of Rs 9.8 lakh, Rs 6 lakh be paid to the parents of the victim, and an adequate compensation amount be decided by the District Legal Service Authority (South).

The trial court had held the 3 guilty under several sections of IPC, including 302 (murder), 364 (abducting for murder), 201 (destruction of evidence), 394 (voluntarily causing hurt in committing robbery), 468 (forgery for purpose of cheating) and 471 (using as genuine a forged document). It, however, held that the charge of criminal conspiracy (120-B of IPC) could not be proved against them.

The police had filed the charge sheet in the case in June 2009, stating that Jigisha's post-mortem report revealed that she was killed by smothering. The trial in the case began in April 2010. Recovery of the weapon allegedly used in Jigisha's murder had led to cracking of the murder case of Soumya Vishwanathan, who was a journalist with a news channel.

Soumya was shot dead on September 30, 2008 while she was returning home in her car from office in the wee hours. The police had claimed robbery as the motive behind the killings of both Jigisha and Soumya.

(source: Indian Express)

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

Day before hanging, SC stays execution of 2 convicts


The execution of 2 death-row convicts, who were found guilty of kidnapping and killing a Hoshiarpur boy Abhi Verma in 2005, was stayed by the Supreme Court on Monday - a day before their hanging.

A special 3-judge bench of Justices Dipak Misra, R Banumathi and Ashok Bhushan while hearing a petition for reviewing death sentences of Vikram Singh and Jasbir Singh stayed the execution while reserving the judgement.

The 2 were to be executed at 9 am on Tuesday and the Patiala central jail administration had made all arrangements and even brought a hangman from Uttar Pradesh. "We have received the court???s stay order and the execution has been put off," said Bhupinderjeet Singh Virk, superintendent of Patiala central jail.

Talking to HT, the counsel of 2 accused Balwant Singh Billowria, who had filed the latest review petition, said he had pleaded that there is need to revisit the decision of death sentence as the trial court has overseen some evidences.

Abhi, 16, son of a goldsmith, was kidnapped and murdered by Jasbir Singh, his wife Sonia and her brother Vikram Walia in February 2005 for a ransom of Rs 50 lakh. He died with an overdose of anaesthesia.

On December 21, 2006, the Hoshiarpur district and sessions judge had awarded death penalty to the three accused. The Punjab and Haryana high court had upheld the sentence but the Supreme Court had commuted Sonia's sentence to life imprisonment. Jasvir and Vikram had filed a mercy petition with the President after a 3-member bench of the apex court had rejected their review petition in August 2015.

The Punjab and Haryana high court has also deferred hearing of the convicts' petition seeking commutation of their sentences to November 3.

(source: Hindustan Times)






CHINA:

Will Public Outcry Spare Jia Jinglong From Controversial Death Sentence?


Legal analysts and experts in China say that the fate of a 30-year-old Chinese man, sentenced to death for his murder of a village chief in a forced demolition dispute, is still up in the air.

This despite a growing public outcry to stay his execution.

Jia Jinglong from Hebei province of northern China was convicted of murder after he resorted to violence and shot his village chief to death with a modified nail gun in early 2015. This was 2 years after his house was allegedly demolished by force, after he was said to have exhausted all means to appeal his case.

The Supreme Court recently ratified Jia's death sentence, which is expected to be carried out as early as Monday.

That was when Jia's family rushed to petition both the Supreme Court in Beijing and the Intermediate Court in the province's capital city of Shijiazhuang for a reprieve as well as a retrial. Many legal professionals have blamed the court for having turned a deaf ear to evidence in favor of Jia, which may qualify him for a lesser sentence.

So far, neither a reply nor an order to carry out the execution has been finalized, which Jia's sister, Jia Jingyuan, took as a good sign.

There's still hope

So far, she told VOA, the family has heard nothing regarding the petition.

"There's still hope," she added, explaining that her family will be allowed to meet Jia in person if he is to be executed.

According to her, Jia's life was torn apart overnight after the wrecking team, led by the village head, flattened the house he had carefully renovated in preparation for his marriage. His fiance later left him - a tragedy that devastated the young man.

For now, Jia appears to have dodged a bullet, but that doesn't mean he is out of the woods, says legal studies scholar Zhang Yaojie, one of the few legal observers who have been keeping an eye on the case.

"In the short term, it's unlikely [that Jia will be executed]," Zhang said. "But shall his death verdict fail to be reversed, a surprise order can still arrive later to close his case when attention from both the media and the public dwindles. This is the biggest fear."

Unjust ruling

Last week, many well-renowned law professors, including Liu Hong of East China University of Political Science and Law, He Haibo of Tsinghua University Law School, and Zhang Qianfan of Peking University Law School, presented legal opinions online in defense of Jia, who they said shouldn't have been convicted as a capital murderer.

They argued that evidence shows Jia had attempted to turn himself in, although he was intercepted and beaten up by relatives of the victim minutes before reaching the police station. The village head, they added, should have been held accountable for his failure to secure a court order prior to the house demolition, a misstep that only intensified the dispute. For all of these reasons and more, the legal experts said, Jia's death penalty should be ruled out.

Professor Zhang of Peking University urged the court to "exercise prudence in applying death penalties," while his colleague He Weifang added that China should abolish the capital punishment for good.

Even state media, including China Daily and Global Times, raised concerns about the controversy.

(source: voanews.com)






PHILIPPINES:

Death penalty will work under my watch, Duterte tells Pinoys in Tokyo


President Duterte made a fresh pitch for the return of the death penalty as he faced the Filipino community in Japan, and brushed aside criticism that it had not served as a deterrent to crime when it was prevailing in the Philippines.

Critics of the return of the death penalty don't understand, Mr. Duterte said. With him as President, it would work, he said.

"[They ask] why I want to bring it back. Fool ... I was not the President at that time. If I had been the President at that time, we wouldn't be talking about this thing now," he said.

On comments that there are many criminals in jail, he commented: "Then let's get roasting."

The return of the death penalty is one of the measures he had pushed for shortly after coming into power as President.

Speaking of his abhorrence of crime, Mr. Duterte said he could not accept it that criminals would just take away what Filipinos had worked so hard to attain.

He also castigated against illegal drug manufacturers and pushers, who sell illegal substances that destroy children's lives.

His campaign against illegal drugs has been the centerpiece program of his administration, but it has been heavily criticized because it has given rise to the extrajudicial killing of thousands of drug suspects.

In his speech in Tokyo, Mr. Duterte also justified his anti-drug war, saying the Philippines has nearly 4 million addicts and is in the grip of drug lords.

"We are already into the narcopolitics," he said.

He said almost all of the barangay captains were involved in the trade, because it's easy money. So are members of the police, mayors, governors, and judges.

He also took the chance to take another jab at Sen. Leila de Lima, one of his fiercest critics who, he alleged, was linked to the illegal drug trade in the national penitentiary when she was the Justice Secretary.

"With the election of De Lima, the national portals of narcopolitics have entered the political life," he said.

(source: Philippine Inquirer)





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