July 20
THE MALDIVES----impending execution
Stop imminent executions in the Maldives
The Maldives may be best known as an idyllic holiday destination, but reports
suggest that the President of the Maldives has approved plans for authorities
to carry out the 1st execution in over half a century - possibly within the
next 24 hours.
Why is this happening now? It has nothing to do with "justice". President
Yameen has just lost his majority in Parliament following defections from his
own party and is using the death penalty as a tool to strengthen his grip on
power and suppress dissent.
Death penalty trials in the Maldives do not meet the most basic fair trial
standards. Forced confessions, politically-motivated charges, and other abuses
are commonplace. Children and those suffering from mental illness have been
sentenced to death, in violation of international law. If the 60-year
moratorium is broken, they will face execution.
(source: reprieve.org.uk)
UNITED KINGDOM:
The tragic story of the last 2 men in the UK executed for being gay: 'Mercy
could not be expected of men like them'
On the 27th of November 1835, a crowd of people gathered outside Newgate prison
in the City of London to watch the 1st hanging there in 2 years.
2 men were hanged for "the abominable crime of buggery" and became the last men
in Britain executed for homosexuality.
James Pratt, aged 30, was a horse-groomer, who lived in Deptford, London with
his wife and children.
John Smith, 40, was from Southwark. Some reports say he was an unmarried
labourer, though others sources state he was married and worked as a servant.
On an afternoon in late August 1835, Pratt met Smith, and a man called William
Bonill in a pub in Blackfriars.
The 3 men returned to Bonill's room that he rented in Southwark, from landlords
George and Jane Berkshire.
They had no way of knowing that by that night they would all be arrested. In 3
months 2 of them would be dead.
Mr Berkshire later claimed that Bonill had frequent male visitors, and that his
suspicion was aroused when he saw the 3 men enter the room together.
In the hope of finding a reason to evict Bonill, who he and his wife thought of
as an "old villain", George spied on the men through the window from an
adjacent building.
Mr Berkshire roused his wife, and both looked through the keyhole and where
they said they witnessed Pratt and Smith engaging in sexual acts.
They fetched a policeman and all 3 men were arrested there and then.
The magistrate who committed the 3 men to trial called them "degraded
creatures".
They were also told that "in this country mercy could not be expected of men
like them".
The men's conviction rested entirely on the Berkshires' story. Neither James
Pratt or John Smith were allowed to give evidence at their trial.
A number of people came forward to testify as character witnesses to Pratt's
good character, though none spoke on the behalf of Smith.
Both pleaded "not guilty" to the charge, nevertheless the jury returned a
guilty verdict.
Reporting at the time said that the evidence at the time was "so conclusive,
that not the least shadow of doubt remained of their guilt", though modern
commentators view the Berkshires' testimony as weak.
Whether they were really guilty or not remains a mystery to this day.
Either way, Pratt and Smith were convicted under the Offences against the
Person Act 1828 and sentenced to death. Bonill was convicted of accessory and
sentenced to 14 years transportation to Australia.
He was 1 of 290 prisoners on the ship Asia, which arrived in Van Diemen's Land
(now called Tasmania) in February 1936. He died in a hospital there 6 years
later.
While they were imprisoned in Newgate, Pratt and Smith were visited by Charles
Dickens, who was told by the jailer that the 2 were "dead men".
Dickens wrote about the 2 men in his Sketches by Boz, saying they "had nothing
to expect from the mercy of the crown, their doom was sealed".
Pratt and Smith are buried in a common grave, with others executed at Newgate,
in the City Cemetery, Manor Park, London E12.
In the period from 1810 to 1835, 46 people convicted of sodomy were hanged and
32 sentenced to death but reprieved. A further 716 were imprisoned or received
lesser sentences, such as public shaming and abuse.
On July 27, 1967, the Sexual Offences Act gained Royal Assent, partially
decriminalising homosexuality in England and Wales. Further moves to equality
came with the Sexual Offences Act 2003.
It is estimated that anywhere between 50,000 and 100,000 men were convicted
under discriminatory anti-gay laws between 1885 and 2003.
In January 2017, Pratt and Smith were among the many posthumously affected by
"Turing's Law", which pardoned those who had been convicted of offences under
criminalised homosexuality.
"This is significant. And it's as important to the whole lesbian, gay, bi and
trans community, as it is for the gay and bi men affected," a Stonewall
spokesperson said at the time.
"The more equality is enshrined into our law books, the stronger our equality
becomes, and the stronger we as a community become."
(source: Pink News)
BELARUS:
Presidential secretariat: Belarus gradually moving toward death penalty
abolition
The Belarusian presidential secretariat has replied to a petition by Belarusian
human rights activists on imposing a moratorium on the death penalty, the
Viasna human rights center reported on Wednesday.
"As follows from a reply signed by chief of the main directorate for work with
petitions by individuals and legal entities at the presidential secretariat
Grigory Shlyk, 'the country as a whole is consistently moving toward the
gradual abolition of the death penalty'," Viasna said.
The reply from the presidential secretariat cites statistics showing that the
number of people sentenced to death in Belarus has been decreasing. It also
cited the results of a 1996 nationwide referendum, in which 80.44% of
respondents voted for preserving the death penalty.
Valentin Stefanovich, a Viasna lawyer, said, "European practice shows that the
death penalty has been abolished in most countries exclusively by the political
will of the elites rather than through referendums."
"The current trends are such that most countries have abolished the death
penalty," he said.
Stefanovich also called for starting a discussion in society in favor of
repealing the death penalty.
In early July, Belarusian human rights activists handed over to the
presidential secretariat a petition signed by nearly 20,000 people in favor of
imposing a moratorium on the death penalty.
(source: Agence France-Presse)
SINGAPORE:
M Ravi and his unforgivable behaviour in the case of the executed Malaysian
drug trafficker
M Ravi was once famed for his brilliant oratorical skills and taking on cases
that many would shy away from. These days, he is more commonly known for his
buffoonish behaviour and baseless tirades on Facebook Live. He has become a
ghost of his former self.
When viewed in the context of how he has been medically diagnosed with bipolar
disorder, one may be able to understand why he is behaving in such a manner. M
Ravi has had manic relapses in the past, and the consequences of such relapses
have ranged from being forcibly remanded in the Institute of Mental Health
("IMH") to, more recently, being denied a practicing certificate.
By his own admission and the accounts of those close to him, he has
consistently refused to seek treatment and take his pills. He has also lashed
out, which some may say is an understatement, at anyone around him who suggests
that he rests or seeks professional help.
Armed with Facebook Live, he now has a new outlet that gives him access to
thousands of people who tune in for entertainment, where he proceeds to bash
those who have stood by him.
One such example is criminal and human rights lawyer, Mr Eugene Thuraisingam.
When Ravi was suspended from the Bar, Mr Thuraisingam helped him argue against
his suspension in court. Mr Thuraisingam also offered him a job as Head
Knowledge Manager - as Ravi is now a non-practising lawyer - at his firm.
In the infancy of his current manic relapse, Ravi lambasted Mr Thuraisingam on
a Facebook Live video. Even after that, Mr Thuraisingam accepted his apology
and allowed him back into the firm. Since then, Mr Thuraisingam realized that
Ravi's repeated harassment of his staff and his frequent baseless denunciations
of him and the firm could not be tolerated any longer, and he proceeded to
terminate his contract.
From his former employer to civil society activists, many good people have
fallen victim to Ravi's ire. Those who have known Ravi for a long time have
opined that this manic relapse, with the availability of Facebook Live, has
been the worst.
During past relapses, he has been known to cross-dress, dance and hug trees.
Most of the time, his actions have only affected those close to him and
himself. However, over the past 2 weeks, his actions have adversely affected a
literal life-and-death situation.
Over his legal career, Ravi has taken on many death penalty cases. The most
famous, arguably, was that of Yong Vui Kong's, where Ravi helped him escape the
noose. Needless to say, he took on those cases when he was mentally fit. In the
past, he also has been reasonable enough to relinquish all cases, especially
capital cases, to other lawyers during his manic relapses. But not this time.
Prabagaran was executed by hanging at dawn on July 15 after a 5-year battle in
court. On the afternoon of July 13, Singapore's apex court heard a final appeal
for a stay of execution. As the issue before the courts was whether a case that
has yet to run its course in Malaysia with regards to Praba's right to a fair
trial would justify a stay of execution, 2 human rights lawyers from the
Malaysian Bar - Mr N Surendran MP and Mdm Latheefa Koya - assisted Mr Remy Choo
Zhengxi, Praba's counsel, at the hearing.
Mdm Latheefa and Mr N Surendran have taken on many high profile cases across
the border, and they are the co-founders of Lawyers for Liberty.
M Ravi assisted Mr Kanagavijayan when he was representing Prabagaran in high
court. Ravi was never lead counsel for Prabagaran at any point of time, but he
was the point of contact for his family. During the time he was assisting Mr
Vijayan, Ravi made Praba's mother, Mdm Eswari, his domestic helper of sorts by
making her cook and deliver lunch to his office. He didn't pay her for her
deeds, but actually demanded that she paid him for legal fees instead.
When President Tony Tan rejected Praba's clemency petition last week, Praba's
family was informed that his execution had been set for July 14. Consequently,
Mdm Eswari repeatedly contacted Ravi to no avail. Although Ravi was active on
social media, he did not return any of Mdm Eswari's calls. Out of desperation,
Mdm Eswari made her way to Ravi's house. Even then, Ravi ignored her.
Thankfully, she was able to contact Mr Vijayan, who then put her in touch with
Mr Choo.
Mr Choo was then instructed by Mdm Eswari to act for Praba. He then filed for a
hearing which was set for July 13. Although he was not instructed by the
family, M Ravi had also filed an application on behalf of Praba, which was set
to be heard alongside his application.
In the Court of Appeal
Even before the start of the hearing, he implored Mdm Eswari to dismiss Mr Choo
as her lawyer and choose him instead. He said, "Do you want your son to die? If
you don't, choose me as your lawyer. Why do you trust this Chinese guy?"
Mdm Eswari, who was already distraught, held her ground. How anyone could ask a
grieving mother such a question was beyond us. He then proceeded to ask Praba
himself if he wanted to die. The 2 Malaysian lawyers present helped console the
family and shielded them from Ravi.
Throughout the hearing, whenever the judges disagreed with Mr Choo, Ravi nodded
his head in agreement and expressed verbal agreement with the judges. Ravi also
kicked Mr Choo's chair as he was speaking.
When it came time for Ravi to present his case, the gallery was aghast when the
judges revealed that his applications for Praba were only a couple paragraphs
long and he had no submissions. His oral arguments were utterly irrelevant and
had more to do with himself than with Praba. He spoke about his sexuality, why
he wanted to wear a sari to court, and how the police violated his rights as a
pansexual when he was arrested for criminal trespassing.
Here was what Mdm Latheefa said of Ravi's actions during the hearing, in
response to a Facebook Live video where Ravi had the gall and temerity to hold
Mr Choo responsible for Praba's death.
Mr N Surendran, who is also MP for Padang Serai, had this to say.
As the DPP made his arguments, Ravi left his seat to proceed to the gallery.
This time, instead of pleading with Mdm Eswari, he started to accuse her in
Tamil of killing her son. Fortunately, Mr Surendran stepped in and confronted
Ravi, who then shied away and accused the police of not protecting him against
Mr Surendran.
Many in the courtroom were surprised by the amount of patience that the judges
showed Ravi. One has to keep in mind that that was, in all likelihood, Praba's
last night on earth and therefore, the more time Ravi wasted 'arguing', the
less time Praba would have to see his family.
It took the judges no more than 2 sentences to dismiss Ravi's application. The
prosecution also sought a cost order against Ravi by arguing that it was clear
his arguments 'were all about him and not about Praba.' Granting a cost order
in criminal cases is almost unheard of.
Ravi's fiasco did not end there. In light of the hearing, the prison wardens
had agreed with Mr Choo that afterwards, they would extend the visiting hours
till 7pm in order for Praba to meet his family for 1 final time. They did not
anticipate that the hearing, which started at 2:30pm, would drag on until 5pm
because of Ravi's submissions.
Even then, Mr Choo, the prosecution and the prison wardens were able to reach
an agreement to clear the court if the judgment was not in Praba's favour, to
allow Praba's family to meet him on the premises. After the judgment was
delivered, Ravi continued to argue with the judges and questioned the
whereabouts of his handphone, which ate into the precious time that Praba had
with his family. In total, Ravi wasted close to 1 hour.
When Mr Choo and the prosecution stood up to urgently ask that the judges allow
the family to meet Praba as the application has already been dismissed, Ravi
scolded them for interrupting him. In the end, the judges stopped Ravi from
speaking and acceded to the request. They asked that Praba leave the room and
head to the basement of the Supreme Court so that his family could be with him
until 7pm.
At the Vigil
On the evening of July 13 till the morning of July 14, a candlelight vigil for
Prabagaran was held outside the main gate of Changi Prison. It was a relatively
peaceful and solemn procession, where people from all walks of life gathered to
stand in solidarity with Praba's family.
Executions are usually carried out at the first break of dawn at 6am. At about
5:30am, Ravi, who was accompanied by George - his ardent supporter - appeared
at the vigil to berate everyone there. Most of the people he confronted tried
to bring him away from the grieving family by engaging him and walking away
from the vigil.
After some time, he approached Mdm Eswari and told her in Tamil that "she was
responsible for her son's death as she heeded the advice of Mr Choo and the
anti-death penalty activists in Singapore." When those present confronted Ravi
to take him away from the family, he held on to Mdm Eswari, insisting that she
was his client. He started spewing Tamil vulgarities at the top of his voice to
those who argued that he should leave the mother alone and settle whatever
problems he had away from the family. He even shouted at George when he tried
to restrain him. Ravi was also seen berating journalist and anti-death penalty
activist, Kirsten Han.
After being separated from the family, he then proceeded to throw soya bean at
a volunteer cameraman after asking him to film the scene. It was around this
time that all the plainclothes policemen who were observing the vigil stepped
in and restrained Ravi. They managed to keep Ravi far away from the vigil for
the rest of the night. For their professionalism and sensitivity, due credit
must be given.
Thankfully, at least as far as Praba's family was concerned, that was the last
they saw of Ravi. He continued his rants online.
What Should We Do?
Clearly, Ravi should not be allowed near any legal case, let alone one that
involves life and death.
In the eyes of many, Ravi is a champion of humans rights. For these people, the
account above will make for some uncomfortable reading, but it can be
corroborated by court transcripts, the police, and first-hand accounts of all
who were present at the court of appeal and the vigil. Those who continue to
egg and spur him on - through Facebook Live and other means - must come to
understand the effects of your encouragement.
In his current manic state, Ravi is a megalomaniac who thrives and craves
attention. Every like, comment and share on his post gives him the false
impression that he is a hero of the masses. In fact, to most of his entourage
on Facebook, he is little more than comedic relief - this can be seen from how
he repeatedly fails to raise funds, as well as the number of people that
actually turn up to physically support him. He is nothing but a bad joke.
He may have mental illnesses to blame, but many of those who cheer him on
don't.
What, then, can be done to help him, you ask.
1) Don't feed the troll
Stop giving him attention. Do not like, comment or share any of his posts.
Don't engage with him on his Facebook Live videos either. Do report his posts
to Facebook - especially when they are aimed at smearing the efforts of good
people. With enough reports to Facebook, his access to Facebook Live will be
temporarily revoked.
2) Don't fund the troll
He has often raised funds for legal cases, but when one actually views his
submissions - like in the case of Prabagaran, where they were only a couple
paragraphs long - they will realise that their money is not being used to fund
the defense of the downtrodden. In the case of the Elected Presidency, for
example, his submissions were deemed "... unmeritorious in almost every
conceivable aspect ..." and dismissed with costs.
3) Advise him to seek medical help
To date, anyone close to him who suggests that he seeks help will be denounced.
If one has the time to interact with him, on Facebook or in person, one should
urge him to seek professional help. The more people continue to urge him to
seek professional help, the more he may be more convinced to do so. There is
also the possibility that the court will order him to be remanded again at IMH.
4) Educate his supporters about the real M Ravi
If you know anyone who still supports him on Facebook and in real life, share
this article with them to educate them on the consequences of their support. He
can only blame his illness in so far as he is willing to seek treatment for it.
It is irresponsible for him to commit to cases that he later drops or fumbles
when he enters a manic phase.
The fall of M Ravi may be dastardly painful to watch, but more importantly, he
is a clear and present danger to anyone who, based on his previous fame and
feats, makes the mistake of engaging him, whether directly or indirectly, for
legal help or representation. He will jeopardize and imperil their case or
defense. The trauma that he causes will remain for a very long time to these
people???s families, as he may negate any merits and ensure a conviction. Worse
still, he may even go on to lay blame at their feet.
That he requires professional help is obvious, but this publication humbly
submits that it is now needed with paramount urgency.
As for Ravi himself, he announced that he's taking "a deserved break".
(source: coconuts.co)
JAPAN:
Japan executions: Inside the secretive, efficient death chambers
There are polished floors, clean surroundings and symbolic statues.
But this place is far from peaceful and there's a reason why it's known as the
Tokyo death house.
This is where Japan hangs its criminals in secrecy so tight that not even the
convicted know when their time is up.
Last week's execution of 2 convicted murderers has once again cast light on the
country's practise of putting people to death, a method labelled cruel and
inhumane by human rights groups.
Nishikawa, 61, was convicted of killing four female bar owners in western Japan
in 1991, while Sumida, 34, was sentenced to death for killing a female
colleague in 2011 and dismembering her body.
The government remained unrepentant despite calls from activists to stop the
hangings.
"Both are extremely cruel cases in which victims were deprived of their
precious lives on truly selfish motives," Justice Minister Katsutoshi Kaneda
said.
"I ordered the executions after careful consideration."
INSIDE CHAMBER OF DEATH
Japan remains notoriously secret about its use of the death penalty, with the
US remaining the only other major developed country which carries out capital
punishment.
In Japan, most prisoners wait years for their fate to be carried out.
In 2010 the media was given a rare glimpse into the execution chamber in Tokyo
where the condemned are put to death.
Prisoners are kept in isolation and have access to a priest before they die.
A statue of Kannon, the goddess of mercy, is in a nearby room, just metres from
where prisoners will take their last breath.
They are then led into the chamber and a noose is put around their neck while
red boxes around a trapdoor indicate where the condemned are to stand.
In the room next door, three executioners have access to the trap door which
will give way once the buttons are pressed.
JAPAN'S SHAME
Human rights group Amnesty International called Japan's use of the death
penalty inhumane and said it showed "wanton disregard for the right to life."
"The death penalty never delivers justice, it is the ultimate cruel and
inhumane punishment," Hiroka Shoji, East Asia researcher at the campaign group,
said in a statement last week.
"Executions in Japan remain shrouded in secrecy but the government cannot hide
the fact that it is on the wrong side of history, as the majority of the
world's states have turned away from the death penalty."
The 2 men's deaths bring to 19 the number of people executed in Japan since
2012, with 124 remaining on death row, Amnesty said.
The human rights group also said prisoners were often only given a few hours
notice with lawyers and family only notified after it had taken place.
"Secret executions are in contravention of international standards on the use
of the death penalty," Amnesty said.
Nishikawa was hanged while seeking a retrial. But Mr Kaneda indicated it was
mistaken to believe that death-row inmates cannot be executed as long as their
retrial pleas are pending.
INNOCENT VICTIM
While the 2 men last week were convicted of murder, not everyone on
death row is actually guilty.
In 2014 Iwao Hakamada was released after 45 years on death row after being
convicted on falsified evidence.
The former boxer had confessed to murdering 4 people in 1966 but retracted his
statement shortly after.
Once released he said he was coerced into confessing the crime.
Prosecutors claimed the case against Hakamada rested on bloodstained pyjamas.
But instead of presenting the pyjamas at the trial they found 4 other pieces of
clothing, each with blood on them, at his workplace.
A court found that a DNA analysis obtained by Hakamada's lawyers suggested that
investigators had fabricated evidence and he was eventually freed.
(source: ntnews.com.au)
BANGLADESH:
Man to die for raping and killing 7-year-old girl----The convict has also been
fined Tk5 lakh
A Kushtia court has awarded the death penalty to a man for killing a 7-year-old
girl after raping her in 2015.
Kushtia Additional District and Sessions Judge Reza Md Alamgir Hasan delivered
the verdict on Wednesday.
The convict, Jahid Mondol, 30, was also fined Tk5 lakh.
According to the case statement, Jahid raped a 7-year-old girl and then killed
her at a banana plantation in Kumarkhali upazila's Jaduboira village on
December 5, 2015.
The victim's father filed a case with Kumarkhali police station on the day of
the incident.
(source: Dhaka Tribune)
**********************
Shazneen murder case: Death row convict seeks presidential clemency
Shahidul Islam, the death row convict in Shazneen Tasnim Rahman rape and murder
case, has sought presidential clemency, seeking any other punishment other than
death penalty.
He sent the mercy petition to the home ministry on July 3 through the office of
the Senior Jail Super of Kashimpur High Security Jail and the home ministry
sent it to the maw ministry seeking its opinion thrice.
Muhibul Haque, additional home secretary, told Prothom Alo that they sent
letters to the law ministry several times. Although they got opinion on other
issues, the decision on Shahidul has been delayed.
Sending opinion as soon as possible is the normal procedure, he said.
Another high official of the ministry said as soon as they would get the
opinion, they would send the letter to the president. It would not be possible
to execute him unless they got the opinion.
Asked what his opinion would be, Law Minister Anisul Huq told Prothom Alo, "I
won't give opinion in favour of the accused. However, it is for the president
to decide whether he would give clemency or not."
In line with the jail code, May 24 was fixed for executing Shahid, according to
a letter sent to the home minister from the jail. But he was not executed as
the jail authorities did not get government's nod, sources told the Bangla
daily.
Home Minister Asaduzzaman Khan Kamal told the Prothom Alo that any convict
could seek clemency and they would send the petition to the president following
due procedure.
Under the constitution, the president has the jurisdiction to give someone
clemency or commute punishment and he will make a decision in this regard, the
minister said.
Shahid pleaded guilty when the trial court asked him if he would plead guilty
or not.
Shazneen, a class-IX student of Scholastica, was raped and murdered at her
Gulshan home on April 23, 1998. She was the daughter of Transcom Group Chairman
Latifur Rahman.
On April 30, the Second Tribunal for Prevention of Women and Children
Repression issued the death warrant for Shahidul, a week after the Supreme
Court released its full verdict, rejecting his petition for reviewing its
earlier judgment that upheld his death penalty.
Earlier on August 2 last year, the Appellate Division upheld the death penalty
of Shahidul, a domestic help at Shazneen's home.
But it acquitted 4 others -- Syed Sajjad Mainuddin Hasan, a contractor for
renovation of Shazneen's house, his assistant Badal, and housemaids Estema
Khatun Minu and Parvin.
(source: The Daily Star)
PAKISTAN:
Inching away from the hangman----The argument that the lifting of the
moratorium on capital punishment is crucial to combatting terrorism simply does
not hold ground
National Commission for Human Right (NCHR) recently held a conference titled
'Moving away from Death Penalty in Pakistan'. The issue is least discussed in
Pakistan, as the country always favoured death penalty with the exception of a
7-month moratorium.
The world is divided in 2 camps: abolitionist and religionist. There were many
common arguments both ways. But the reality is a large number of countries have
moved away from death penalty by replacing it with life imprisonment,
moratorium or they do not practice it at all.
In 1984, General Assembly passed a resolution specifying strict condition for
the countries that have not abolished death penalty. The resolution prohibited
the application of death sentence on persons below 18 years of age at the time
of the commission of crime, pregnant women, and new mothers or on person who
suffer from mental disability.
An accused should be given a fair trial and right to appeal or seek pardon. It
further said pardon or commutation of sentence may be granted in all cases of
capital punishment. The 1984 resolution was a milestone. 37 more countries
either abolished or put moratorium on death penalty, increasing the number of
countries without death penalty to 190. The list includes a number of OIC
countries like Senegal, Tunisia, Morocco, Algeria, Maldives, Azerbaijan,
Uzbekistan, Tajikistan, Kazakhstan, Turkmenistan, Brunei, Burkina Faso, Gambia,
Mali, and Mauritania Niger. Pakistan and Turkey had put a ban on death penalty
which was recently lifted.
Article 6 of the international covenant on civil and politics rights (ICCPR),
to which Pakistan is a signatory, states, "Every human being has the inherent
right to life. This right shall be protected by law." It further states,
"Nothing in the article shall be invoked to delay or to prevent the abolition
of capital punishment by any state party to the present covenant. In 2008, the
government of Pakistan had placed a moratorium and stopped execution of
prisoners on death row.
Wrongful convictions are a common phenomenon. Even well-functioning legal
systems have sentenced to death men and women who were subsequently proved
innocent After a brutal terrorist attack on Army public School Peshawar in
December 2014, the voluntarily imposed moratorium was lifted first for
terrorism-related cases and then in March 2015, for all capital punishment
cases. Although Article 6 (2) of the ICCPR permits application of death
penalty, it is restricted to the ???most serious crimes???, in accordance with
ECOSOC (resolution 1984) safe guard.
In countries like Pakistan where investigation and evidence gathering are
fragile and conditions to fulfill the requisites of justice are non-existent,
fair trial cannot be guaranteed. Sometimes the truth of the deceased being
innocent never comes to light even decades later. Wrongful convictions are a
common phenomenon. Even well-functioning legal systems have sentenced to death
men and women who were subsequently proved innocent.
Recently, in nearly a dozen cases, the Supreme Court acquitted the accused, who
had appealed against the high courts, confirmation of their death sentence. The
accused had spent 8 to 20 years in prison. Their acquittal was on lack of
adequate evidence or collusion between the complaint and the police. Political
influence and corruption becomes a major obstacle in dispensation of justice.
Even in a country like United States, more then 100 cases of wrongful
convictions is a glaring example of erroneous judgement. Human Rights activists
believe that it is better to pardon erroneously than to punish erroneously. The
killings should not be driven by politics in any case.
In 1947, Pakistan set death penalty for 2 offences only, but now it is
increased to 27 offences. Since 2014, 416 people were given death penalty and
425 in 2016. Out of 87 people executed last year, only 14 were terrorists. The
argument that lifting of moratorium is to combat terrorism does not hold
ground.
Eminent lawyer Faisal Siddiqui says that in reviewing jurisprudence, moratorium
has no legal basis hence cannot be a permanent solution and that traditional
remedies will not work.
The constitution of Pakistan is neither secular nor theocratic, but a hybrid.
The state policy towards crime is to kill everyone who does not comply, which
is why the society is completely traumatised and brutalised. There is a death
consensus between state and society. The penal law is therefore militarised.
The new phenomenon of mob-violence, to dispense justice is becoming part of our
daily lives. Recent killing of Mashal is a case in point. Blasphemy law has
been used time and again as a weapon to settle scores.
We need to get out of the stagnant situation and review mandatory death penalty
in 27 crimes. The list can be curtailed to most serious offences, definition
maintainable human rights standards. These procedures have been laid down by
various human rights intuitions, international tribunals and officials. The
right to be heard fairly in court, to have a legal counsel, no torture to
extract confession and adequate evidence are some of the pre-requisites. The
state is bound to provide a procedure for reviewing the court decision, and to
arrow capital offenders to seek amnesty, pardon or commutation of death
sentence. Juvenile offenders and mental disability cases should be treated
according to the procedure laid down for them. The death sentence is not
applicable to pregnant women or new mothers. These principles reflect profound
universal sentiment.
Instead of mandatory capital punishment, judges should be given options for
life imprisonment. One more factor which needs our attention is the lack of
legal counsel for accused from poor background. Many death convicts are
underprivileged and cannot have access to quality legal assistance. There is
also an issue with due process of law. In a recent visit to Karachi jail by
NCHR delegation, the common complaint from the prisoner was unavailability of
competent legal counsel. Many complained the state council does not turn up on
hearings.
Discrimination on the of basis of financial status, sex, ethnicity or political
affiliation is a violation of human rights. In Pakistan, as someone remarked
either the prime minister or the poor prisoners are sent to gallows. Former
chief justice of India Justice Bhagwati once said, "In India, only the poor get
death sentence."
Fair trial means that accused and his lawyer get sufficient facilities and time
for their defence. Some countries Like Pakistan and Bangladesh have enacted
separate laws for trials of different categories of crimes to combat terrorism.
Speedy trials or military courts do not fulfill the criteria of a fire trial.
The presumption of innocence is not held in high regard either. It is a common
sight to see accused handcuffed, maltreated and in degrading conditions.
In a number of cases, evidence is inadequate and faulty. Our Judicial system
does not meet the universally acknowledged human rights standards in awarding
capital punishment to offenders of the "most serious crimes." It needs to be
reformed as soon as possible to stop arbitrary arrests, enforced
disappearances, torture, and unlawful detention.
(source: Opinion, Anis Haroon; The writer is a member of the National
Commission on Human Rights----Daily Times)
THAILAND:
Thailand taking middle path on capital punishment----But public revulsion over
a spate of gruesome murders threatens to reverse de facto moratorium on
executions
At a press conference last week on the arrest of 8 suspects in the recent
massacre of 8 family members in Krabi, the national police chief said the
perpetrators were inevitably destined for capital punishment.
After a spate of gruesome murders in recent months involving dismemberment of
the victims and the execution-style shooting of a whole family including
children, many citizens no doubt heartily agree with Police General Chaktip
Chaijinda that the cold-blooded killers deserve to be put to death. Strong
support for capital punishment in Thai society is buttressed by the argument
that it acts as an effective deterrent against serious crimes, though human
rights campaigners and international organisations deny this and routinely call
for the death penalty to be abolished.
Amnesty International reports that Thai courts handed down 216 death sentences
last year, leaving 427 prisoners on death row at the end of 2016 - including 24
foreign nationals. But no execution has been carried out in this country since
August 2009.
Countries can be divided into 4 major groups when it comes to the issue of
capital punishment - those that retain and use it, those that abolish it for
all crimes, those that abolish it most cases but retain it for "exceptional'
circumstances, and those that have abolished it in practice. The latter group
of countries have executed no prisoners for 10 consecutive years and have a
policy or established practice of not carrying out executions
Thailand is categorised among the 58 countries that retain and use capital
punishment, while a total of 105 countries have abolished the practice
completely. Yet Thai policy appears to be shifting towards the latter group of
countries who retain the punishment in law but do not in practice.
Last year in May, Thailand accepted recommendations from the United Nations'
Human Rights Council to review the imposition of the death penalty for offences
related to drug trafficking, to commute death sentences with a view to
abolishing capital punishment, and to take steps towards abolishing the death
penalty.
It seems capital punishment is being retained here with the purpose of
deterring violent crimes, though no actual executions have been carried out for
almost 8 years.
During that time, those convicted of murder or masterminding murder have simply
been incarcerated on an ever-lengthening death row.
Some have even had their sentences commuted to life terms after confessing to
and showing remorse for their crimes. Meanwhile thanks to the Corrections
Department's system of grading inmates, those classified as "excellent
prisoners" or "good prisoners" can be entitled to reduced terms and even
pardons. These convicts can simply wait to be released after completing their
reduced terms.
A number of murderers convicted in high-profile cases have already been freed.
Thai authorities appear to have opted for a middle path, seeking to appease
both rights advocates and those who want capital punishment to be retained.
This policy has the merit of helping protect the human rights of both convicted
murderers and the victims and their grieving families.
(source: nationmultimmedia.com)
EGYPT:
2 men accused of raping and filming woman referred to criminal court
A North Cairo prosecution referred on Wednesday 2 men accused of raping and
filming a woman in Imbaba district in 2016 to the criminal court.
The defendants are accused of abducting the victim from the Sahel Shoubra
district before taking her to Imbaba, where they raped her in an apartment
after threatening her with weapons, according to the prosecution.
The men then allegedly robbed the victim of her jewelry and filmed her,
threatening her with exposure if she reported the incident.
The defendants were arrested after the victim reported the crime in November
2016.
According to Egyptian law, the defendants could face the death penalty if
convicted.
In May 2017, Egyptian prison authorities executed a 22-year-old man convicted
of raping and murdering a f5-year-old girl in Upper Egypt's Minya governorate
in 2014.
(source: ahram.org.eg)
IRAN:
Halt Drug-Related Executions----Spate of Executions Despite Imminent Reforms
The Iranian government should immediately halt all executions for drug-related
offenses while parliament debates amendments to reform the country's drug law,
Human Rights Watch said today. Parliament is expected to vote in 2 weeks on an
amendment to the drug law that would drastically increase the bar for a
mandatory death penalty sentence.
"It makes no sense for Iran's judiciary to execute people now under a drug law
that will likely bar such executions as early as next month," said Sarah Leah
Whitson, Middle East director at Human Rights Watch. "It would be the height of
cruelty to execute someone today for a crime that would at worst get them a
30-year sentence when this law is amended."
On July 16, 2017, parliament approved a proposal to amend Iran's 1997 Law to
Combat Drugs to limit the death penalty for some nonviolent, drug-related
offenses. However, parliament sent the draft legislation back to the
parliamentary judiciary commission for a 4th time to deliberate the proposed
changes for certain offenses.
Under Iran's current drug law, at least 10 offenses, including some that are
nonviolent, are punishable by death, including possession of as little as 30
grams of synthetic drugs such as methamphetamines. The law also mandates the
death penalty for trafficking, possession, or trade of more than 5 kilograms of
opium or 30 grams of heroin; repeated offenses involving smaller amounts; or
the manufacture of more than 50 grams of synthetic drugs.
On December 6, 2016, 146 members of parliament introduced a draft amendment
that sought to replace capital punishment for drug offenses with imprisonment
for up to 30 years, while allowing the death penalty if the accused or one of
the participants in the crime used or carried weapons intending to use them
against law enforcement agencies. The death penalty also would still apply to a
leader of a drug trafficking cartel, anyone who used a child in drug
trafficking, or anyone facing new drug-related charges who had previously been
sentenced to execution or 15 years to life for drug-related offenses.
Under pressure from the judiciary and administration, however, the judiciary
commission retracted part of their proposed amendments on July 9. It added the
death penalty for nonviolent charges of "production, distribution, trafficking,
and selling" of more than 100 kilograms of "traditional" drugs such as opium or
2 kilograms of synthetic drugs such as methamphetamines. The commission also
restored the death penalty for possession, purchase, or concealing more than 5
kilograms of "synthetic drugs." In both cases the death penalty would only
apply where the accused had previously been sentenced to more than 2 years for
drug-related offenses. On July 18, Hasan Noroozi, the commission???s spokesman,
told IRNA news agency that the commission is adding "possession, purchase or
concealing" 50 kilograms of "traditional" drugs to the offenses punishable by
death.
On April 9, the commission proposed to apply the amendments retroactively,
which would dramatically reduce the number of people currently on death row in
Iran. In addition, on July 5, judiciary commission members asked the judiciary
to suspend executions of drug offenders until parliament could vote on the
bill.
A Human Rights Watch review of the Norway-based Iran Human Rights
Organization's database, which documents executions in Iran, shows that
Ghezelhesar and Karaj Central prisons have not carried out any executions since
the beginning of Ramadan on May 26, but that other prison authorities in
Isfahan, Western Azerbaijan, Kurdistan, Sistan and Baluchestan, and Khorasan
Razavi, have continued to execute people convicted of drug offenses. The group
said that the authorities have executed at least 39 people since July 5 on
drug-related charges.
In mid-July, Human Rights Watch interviewed via smartphone applications six
family members of prisoners who are on death row. They said that they are
hopeful that the new law would spare their loved ones from execution. The
mother of a man executed in Khoram Abad prison in Lorestan province on June 24,
said, "If authorities hadn't executed my son today, [under the new law] he
would have been sentenced to imprisonment."
Iran has one the highest rates of executions in the world. According to Amnesty
International, in 2016, Iran executed at least 567 people, the majority for
drug-related convictions. In December 2016, Noroozi, the parliamentary judicial
committee spokesman, urged parliament to amend the law, stating that 5,000
people are on Iran's death row for drug-related offenses, the majority of them
ages 20 to 30.
Human Rights Watch has repeatedly documented serious violations of due process,
torture, and other violations of the rights of criminal suspects facing
drug-related charges. Such flawed judicial proceedings heighten grave concerns
about the application of the death penalty.
Under article 6(2) of the International Covenant on Civil and Political Rights,
which Iran has ratified, countries that still retain capital punishment may
apply the death penalty only for the "most serious crimes." The United Nations
Human Rights Committee, the independent expert body that interprets the
covenant, has said that drug offenses are not among the "most serious crimes,"
and that the use of the death penalty for such crimes violates international
law. Human Rights Watch opposes capital punishment in all circumstances because
it is inherently inhumane and irreversible.
"Parliament should resist any pressure to curb reforms to the drug law and move
forward with a bill that better protects the right to life," Whitson said.
"This would be the 1st step in addressing the epidemic of executions in Iran
and a move toward abolishing the death penalty."
(source: Human Rights Watch)
IRAQ:
Execution Site Near Mosul's Old City----Investigate, Punish Those Responsible
for Any War Crimes
International observers have discovered an execution site in west Mosul, Human
Rights Watch said today. That report, combined with new statements about
executions in and around Mosul's Old City and persistent documentation about
Iraqi forces extrajudicially killing men fleeing Mosul in the final phase of
the battle against the Islamic State (also known as ISIS), are an urgent call
to action by the Iraqi government.
Despite repeated promises to investigate wrongdoing by security forces, Prime
Minister Haider al-Abadi has yet to demonstrate that Iraqi authorities have
held a single soldier accountable for murdering, torturing, and abusing Iraqis
in this conflict.
"As Prime Minister Abadi enjoys victory in Mosul, he is ignoring the flood of
evidence of his soldiers committing vicious war crimes in the very city he's
promised to liberate," said Sarah Leah Whitson, Middle East director at Human
Rights Watch. "Abadi's victory will collapse unless he takes concrete steps to
end the grotesque abuses by his own security forces."
International observers, whose evidence has proven reliable in the past, told
Human Rights Watch that on July 17, 2017, at about 3:30 p.m., a shopkeeper in a
neighborhood directly west of the Old City that was retaken in April from ISIS
took them into an empty building and showed them a row of 17 male corpses,
barefoot but in civilian dress, surrounded by pools of blood. They said many
appeared to have been blindfolded and with their hands tied behind their back.
They said the shopkeeper told them that he had seen the Iraqi Security Forces'
16th Division, identifiable by their badges and vehicles, in the neighborhood 4
nights earlier, and that night had heard multiple gunshots coming from the area
of the empty building. The next morning, when armed forces had left the area,
he told them, he went into the building and saw the bodies lying in positions
that suggested they were shot there and had not been moved. He said he did not
recognize any of those killed.
The international observers also saw soldiers from the elite Counter Terrorism
Service (CTS) in the area. They contacted Human Rights Watch by phone from the
site and later shared five photos they took of the bodies.
On July 17, another international observer told Human Rights Watch they spoke
to a senior government official in Mosul who told them he was comfortable with
the execution of suspected ISIS-affiliates "as long as there was no torture."
The observer said a commander showed their group a video taken a few days
earlier of a group of CTS soldiers holding 2 detainees in the Old City. They
said the commander told them that the forces had executed the men right after
the video was taken.
Salah al-Imara, an Iraqi citizen who regularly publishes information regarding
security and military activities in and around Mosul, published four videos
allegedly filmed in west Mosul on Facebook on July 11 and 12. One video, posted
on July 11, appears to show Iraqi soldiers beating a detainee, then throwing
him off a cliff and shooting at him and at the body of another man already
lying at the bottom of the cliff. Human Rights Watch had verified the location
of the first video based on satellite imagery. Other videos showed Iraqi
soldiers kicking and beating a bleeding man, federal police forces beating at
least 3 men, and Iraqi soldiers kicking a man on the ground in their custody.
A 3rd international observer told Human Rights Watch on July 18 that they
witnessed CTS soldiers bring an ISIS suspect to their base in a neighborhood
southwest of the Old City on July 11. The observer did not see what happened to
the suspect next, but said that a soldier later showed them a video of himself
and a group of other soldiers brutally beating the man, and a 2nd video of the
man dead, with a bullet to his head.
"Some Iraqi soldiers seem to have so little fear that they will face any
consequence for murdering and torturing suspects in Mosul that they are freely
sharing evidence of what look like very cruel exploits in videos and
photographs," Whitson said. "Excusing such celebratory revenge killings will
haunt Iraq for generations to come."
A 4th international observer told Human Rights Watch on July 11 that the day
before they had witnessed a group of CTS soldiers push a man whose hands were
tied behind his back into a destroyed shop near the main road in the west to
the Old City. They said they heard several gunshots, went into the shop after
the soldiers had left, and found the man's body with several bullet holes in
the back of his head. They shared the photo of the body.
On July 10, the same observer said they saw Iraqi Security Forces just outside
the Old City holding about 12 men with their hands tied behind their backs.
They said an officer told them that the military's 9th Division had detained
these men inside the Old City on suspicion of ISIS affiliation. They said they
saw the soldiers lead the detained men just out of sight, then heard shots ring
out from their direction. The observer was unable to verify what happened.
On July 7, 2 additional international observers told Human Rights Watch that on
different occasions in late June, they witnessed soldiers bring at least 5
suspected ISIS affiliates out of the Old City to the west, strapped to the
hoods of Humvees, when temperatures in the city often reached 48 degrees
Celsius, or 118 degrees Fahrenheit.
The nongovernmental organization Mosul Eye has been documenting abuses by all
sides in Mosul since 2014, and has posted numerous videos and witness
statements about executions on its Twitter feed since July 14, with one
reading: "Mass Executions 'Speicher Style' [a reference to an ISIS massacre in
2014] for the last survivors of the old city. ISF is killing and throwing
bodies of everyone it finds to the river."
As of July 10, the Iraqi military has prevented access to west Mosul for most
journalists, limiting coverage of recent events inside the Old City. Iraqi
forces should allow journalists access to west Mosul to report on the conflict
and any alleged abuses, Human Rights Watch said.
Throughout the operation to retake Mosul, Human Rights Watch has documented
Iraqi forces detaining and holding at least 1,200 men and boys in inhumane
conditions without charge, and in some cases torturing and executing them,
under the guise of screening them for ISIS-affiliation. In the final weeks of
the Mosul operation, Human Rights Watch has reported on executions of suspected
ISIS-affiliates in and around Mosul's Old City.
An Iraqi Ministry of Foreign Affairs representative told Human Rights Watch on
July 19 that he would request a government investigation into the allegations.
Human Rights Watch has repeatedly raised concerns about allegations of
ill-treatment, torture, and executions in meetings with Iraqi officials in
Baghdad as well as with representatives from United States-led coalition member
countries. Human Rights Watch does not know of a single transparent
investigation into abuses by Iraqi armed forces, any instances of commanders
being held accountable for abuse, or any victims of abuse receiving
compensation.
Iraqi criminal justice authorities should investigate all alleged crimes,
including unlawful killings and mutilation of corpses, by any party in the
conflict in a prompt, transparent, and effective manner, up to the highest
levels of responsibility. Those found criminally responsible should be
appropriately prosecuted. Extrajudicial executions and torture during an armed
conflict are war crimes.
"Relentless reports, videos, and photographs of unlawful executions and
beatings by Iraqi soldiers should be enough to raise serious concerns among the
highest ranks in Baghdad and the international coalition combatting ISIS,"
Whitson said. "As we well know in Iraq, if the government doesn't provide an
accounting for these murders, the Iraqi people may take matters into their own
hands."
(source: Human Rights Watch)
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