July 26
BARBADOS:
Condemned men freed
The Trinidad-based Caribbean Court of Justice (CCJ) Tuesday quashed the
convictions of the 2 Barbadian men, who were sentenced to death for the 2006
murder of Damien Alleyne.
The CCJ, which is Barbados' highest court, ruled that Vincent Edwards and
Richard Haynes' convictions could not be upheld due to the presentation of
insufficient evidence by the Director of Public Prosecutions.
The only evidence linking the appellants to the murder was their alleged oral
confessions made in separate interviews with officers of the Royal Barbados
Police Force while at the Glebe Police Station on July 19, 2007, almost a year
after Alleyne's murder.
As such, Queen's Counsel Andrew Pilgrim had argued that there was no case for
his clients to answer and after considering the argument, Justice Winston
Anderson ruled that the 2 death row inmates should be allowed be walk free.
In a concurring judgment, Justice Adrian Saunders also acknowledged that, prior
to the Evidence Act, an accused person could be convicted solely on an alleged
oral confession, provided that the jury was warned that such a conviction may
be unsafe.
However, the CCJ pointed out that the purpose of the Evidence Act, which was
passed by the Parliament of Barbados in 1994, was "to reform the law relating
to evidence in proceedings in courts" and to apply "standards that are more
stringent than the common law, [compel] the judiciary to be guided by fresh
approaches and [require] the executive to make available to the police new
technologies". Therefore, the evidence against Edwards and Haynes had to be
reliable, especially given that the punishment on the statute books in Barbados
for murder was death.
"Based on the spirit of the Evidence Act, alleged confessions made while in
police custody could only meet this standard where it was supported by sound or
video recordings of or by some other independent evidence linking the accused
to the offence. For example, evidence from a witness other than another police
officer or some form of forensic evidence (e.g. DNA or fingerprint). In this
case, there was no other evidence and as such the judge should have dismissed
the case against the appellants," the Trinidad-based court said.
Justice Saunders was also of the view that even if the evidence was sufficient,
the judge did not properly warn the jury in accordance with the Act.
Back in November 2015, the CCJ had rejected an earlier application filed on
behalf of the 2 accused men and ordered that their case be sent back to the
Barbados Court of Appeal.
At the time, Edwards and Haynes, who were convicted of murder in June 2013 and
sentenced to death, were challenging the unconstitutionality of the mandatory
death penalty, but the CCJ had sent the matter back to the Barbados Court of
Appeal for a determination of how that issue should be resolved.
(source: Barbados Today)
EGYPT:
Ibrahim Halawa trial adjourned for 28th time----Ibrahim has been incarcerated
for almost 4 years without trial
Ibrahim Halawa has learned that there has been yet another adjournment in his
mass trial in Cairo.
Ibrahim, who faces a possible death penalty, has spent almost four years in
prison awaiting trial.
At today's hearing, the prosecution summed up its case and presented its final
arguments. The defence case will now begin, though it's understood there are no
remaining witnesses to be called.
Commenting on the case Colm O'Gorman, Executive Director of Amnesty
International Ireland said: "Amnesty International has conducted a thorough,
independent review of the prosecution evidence and concluded that Ibrahim was
arrested solely for peacefully exercising his right to freedom of assembly and
expression. He is a Prisoner of Conscience.
"Today's adjournment - the 28th - means that he will continue to be unjustly
incarcerated in an Egyptian prison.
"This young Irish citizen has spent 1,439 days imprisoned, when he should
rightfully be at home in Dublin with his family, friends and loved ones. His
ongoing detention is an inexcusable violation of both international and
Egyptian law.
"Given the length of his imprisonment and the horrific circumstances of his
detention, Amnesty International continues to be gravely concerned for both his
mental and physical wellbeing.
"We reiterate our call on the Egyptian authorities to drop all charges against
Ibrahim and to order his immediate and unconditional release. We also urge the
Irish Government to continue working on his behalf and to use every means at
their disposal to secure his release."
Ibrahim Halawa was 17 years old when he was first detained in August 2013.
He faces a mass trial alongside 493 other defendants.
He was arrested, along with his 3 sisters, while taking sanctuary in the Al
Fath mosque. While his sisters were released on bail, Ibrahim has been
incarcerated for almost 4 years without trial.
(source: dublive.ie)
BANGLADESH:
7-murder: Verdict on death reference, appeals Aug 13
The High Court will deliver its verdict on August 13 on the death references
and appeals in sensational Narayanganj 7-murder case.
The bench of Justice Bhabani Prasad Singh and Justice Mustafa Zaman Islam fixed
the date after concluding hearing on the death references and appeals.
Attorney General Mahbubey Alam yesterday prayed to the High Court to uphold the
trial court verdict in the case.
On January 16, a Narayanganj court found 35 people, including 25 former Rab
officials and expelled ruling Awami League man Nur Hossain, guilty of abduction
and murder of 7 people and destroying evidence in April 2014.
The court handed down death penalty to 26 people, including 16 former Rab
members, and jailed nine others for various terms.
The bodies of 7 people, including Narayanganj City Corporation councillor
Nazrul Islam and senior lawyer Chandan Sarker, were found floating in the
Shitalakkhya River after they were abducted on April 27, 2014.
(source: The Daily Star)
*******************
Jhalakathi court hands down death penalty to 3 for killing farmer
A Jhalakathi court has sentenced 3 people to death for killing a farmer over a
land dispute.
Those convicted are Jamal Khan, his brother Khalilur Rahman and Sohrab Hossain.
Additional District and Sessions Judge Mohammad Bazlur Rahman announced the
verdict on Wednesday with the accused present in the dock.
They were found guilty of killing a farmer, Monsur Ali Khan, by slitting his
throat in Nolchhiti municipality of the district town in 2000.
2 other accused in the case, Rustom Khan and Zakir Hossain, had been acquitted,
said state's counsel M Alam Khan Kamal.
Advocate Kamal said the accused attacked the house of Monsur at Nanguli village
in October 2000 over a land feud.
They killed the farmer by slitting his throat, he said quoting from the case
dossier.
"Monsur's son Abdul Majid Khan and daughter Nilufa Begum also suffered stab
wounds."
Abdul Majid started the case the next day accusing 7 people. The court
transferred the case to the Criminal Investigation Division or CID.
The charges were framed against 5 in 2015.
(source: bdnews24.com)
******************************
3 awarded death penalty for killing 4 kids in Habiganj
Untitled-5A Sylhet court on Wednesday sentenced 3 people to death on charge of
murder of 4 kids in Habiganj in 2016.
The death convicts are - Rubel Mia, Arzoo Mia and Ustar Mia.
The court also awarded 7 years imprisonment to 2. 2 others were acquitted from
the charges, however.
The Sylhet Speedy Trial Tribunal judge handed down the verdict.
According to the case statement, the 4 children - Zakaria Ahmed Shuvo, 8, son
of Wahid Miah, his 2 cousins Tajel Miah, 10, son of Abdul Aziz, and Monir Miah,
7, son of Abdal Miah, and Ismail Hossain, 10, son of Abdul Quadir - went
missing while playing in a field in the village on 12 February in 2016.
On 13 February, Shuvo's father Wahid Miah filed a general diary with Bahubal
police station in this connection while Monir's father filed an abduction case
with the same police station on 16 February.
Informed by locals, the police recovered the bodies of Shuvo, Tajel, Monir and
Ismail unearthing the ground in Isabil area on 17 February.
A total of 6 people were arrested in connection with the gruesome murder of the
4 schoolboys.
Of them, Jewel Miah and his younger brother Rubel Miah made confessional
statements before the court under section 164 of the Code of Criminal
Procedure.
Meanwhile, another accused, Bachhu Miah, was killed in a gunfight with the RAB
at Deorgachh in Chunarughat of the district on 25 February.
(source: prothom-alo.com)
INDIA:
Samiti seeks death for accused
The Kisan Bachao Himachal Bachao Abhiyan Samiti today demanded death penalty
for the accused in the Kotkhai rape and murder case. Members of the samiti held
a protest march here and sought speedy probe in the case.
Des Raj Sharma, chairman of the samiti, also demanded CBI probe into the death
of a forest guard in Mandi and rape and murder of a 12-year-old in Bhuntar few
weeks ago. He said the cases should be handed over to the CBI for investigation
as the state police had failed to do its job.
(source: tribuneindia.com)
IRAN----executions
3 People Including Afghan Citizen Executed on Drug Charges
3 prisoners, including an Afghan citizen, were reportedly hanged at Isfahan
Central Prison on drug related charges. According to close sources, the
executions were carried out on the morning of Monday July 24. The prisoners
have been identified as Mohsen Abdi, Javad Mir and Habib. The last name of
Habib, who is the Afghan citizen, is not known at this time. Close sources tell
Iran Human Rights that Javad Mir was under the age of 18 at the time of his
arrest and was 22 years of age at the time of his execution. These prisoners
were reportedly transferred to solitary confinement on Saturday July 22 in
preparation for their executions.
Iranian official sources, including the Judiciary and state-run media, have not
announced these 3 executions.
The execution of prisoners with drug charges continues in Iran while the
Iranian Parliament has approved a general plan to amend the law for combating
drugs. The Parliament is scheduled to vote on the bill again following a 2-week
holiday. In the event of the final approval of the plan, the death sentences
for many prisoners will be commuted to a prison sentence.
According to experts, those who are executed in Iran on drug related charges
are not the main drug dealers, but individuals who sell drugs as a result of
poverty.
There has been a surge in executions in Iran since the end of Ramadan. Most of
the prisoners were executed on drug related charges.
*****************************
Another Prisoner Hanged on Drug Charges While Authorities Still Silent
A prisoner was reportedly hanged at Miandoab Prison on drug related charges.
Miandoab Prison is located in the West Azerbaijan province, northwestern Iran.
Close sources have identified the prisoner as Mehdi Saki, 38 years of age,
arrested in 2013 on the charge of trafficking 15 kilograms of heroin. "Mehdi
Saki was held in Mahabad Prison until November 7, 2016 when he was transferred
to Miandoab Prison in order for his execution to be carried out," an informed
source tells Iran Human Rights.
Iranian official sources, including the Judiciary and state-run media, have not
announced Mehdi Saki's execution.
The execution of prisoners with drug charges continues in Iran while the
Iranian Parliament has approved a general plan to amend the law for combating
drugs. The Parliament is scheduled to vote on the bill again following a 2-week
holiday. In the event of the final approval of the plan, the death sentences
for many prisoners will be commuted to a prison sentence.
According to experts, those who are executed in Iran on drug related charges
are not the main drug dealers, but individuals who sell drugs as a result of
poverty.
There has been a surge in executions in Iran since the end of Ramadan. Most of
the prisoners were executed on drug related charges.
(source for both: Iran Human Rights)
*******************************
Executions and Arbitrary Killings Continue Under Rouhani's 2nd Term
While it doesn't seem possible that Iran's current regime could commit any
greater human rights abuses than his 1st term, the actions of his
administration seem to indicate that it is business as usual and that his 1st
term was a just foregleam of the injustices the Iranian people would have to
face.
Criminals who are arrested for drug-related charges are still being executed,
despite the calls from the international community to halt all executions for
non-violent drug related offenses. On the morning of July 16, for example, a
Baluch prisoner was executed after being detained for eight years on drug
related charges.
Another prisoner was executed by hanging, along with 2 other older men. He was
13 when arrested and served 8 years before being hanged for drug-related
charges. Another young man in Zabol Prison, 28-year-old Yousef Rigi, was
detained for 5 years before being hanged on drug-related charges.
These few examples showcase how minor crimes can result in the death penalty.
For minors who have been sentenced to death, the regime waits until they have
reached the age of 18 or are a little older before carrying out their sentence,
thus avoiding the accusation that they executed a minor. Still, these sentences
are a violation of Iran's own juvenile sentencing laws. The judges appear to be
able to sentence without fear of reprisals or appeals.
Those wishing to put off execution even attempt bodily harm upon themselves.
One prisoner in the Central Isfahan Prison went so far as to stab himself to
delay his death sentence. However, he was stitched up and then sent to solitary
prior to his execution for his drug-related charges.
The larger issue is that many of these individuals are addicted to the various
drugs found in their possession. Thus, they are being executed for an
addiction, which in other countries is treated as a disease. Many individuals
are arrested but are given the opportunity to attend treatment programs in
order to put their lives back on track. In Iran, drug addiction is seen as a
moral failing and is punished as one. The potential of these individuals is
lost.
Still, one doesn't need to be in prison to be executed in Iran. Tehran Police,
for example, fired at a suspected car in the Dehkadeh Olympic Square and killed
a young woman, wounded another person and then arrested a third. The driver of
the car, according to police, did not stop as ordered by the police and was
caught in a dead-end street. All 3 had criminal records, according to the Chief
of Police.
Thus, a criminal record is often all that is needed for the police to summarily
execute an individual in the street. Others have been beaten for various
"crimes" from dress code violations to talking with individuals of the opposite
sex. The regime continues its oppressive measures against its citizens. It is
truly time for a different form of government for the sake of the Iranian
people.
(source: The Media Express)
INDONESIA:
Drug trafficker loses appeal against death sentence
A 34-year-old Kuala Lumpur-based car service advisor lost his bid at the Court
of Appeal here yesterday to have his death sentence for drug trafficking set
aside.
Justices Datuk Rohana Yusuf, Tan Sri Idrus Harun and Datuk Zabariah Mohd Yusof
unanimously upheld the capital punishment imposed on Henry Chan Kok Loon by the
High Court here on December 14, 2016.
The appellant was found guilty of trafficking in 1,514.7 grams of syabu in
Kepayan near here on February 12, 2015.
Chan who was represented by counsel Ram Singh was convicted under Section
39B(1)(a) of the Dangerous Drugs Act 1952 which carries the death penalty, upon
conviction.
Meanwhile, the Court of Appeal yesterday ordered the case of a 59-year-old
Buddhist temple volunteer who appealed against his sentence for cheating and
using false documents in a land matter to be sent back to the High Court for
re-hearing before a different judge.
The Appellate Court unanimously decided to remit the case to the High Court
after allowing Heng Chin Hing @ Wong Chin Hing's appeal against the High
Court's decision.
The High Court had upheld his sentence of 48 months' jail and RM40,000 fine
imposed by the Sessions Court here after he was found guilty of all charges on
May 18, 2016.
On the 1st count, Heng who was represented by counsel Ram was jailed for 12
months and fined RM40,000, in default, 8 months' jail.
On the 2nd, 3rd and 4th counts, he was sentenced to 12 months' jail each. The
lower court ordered him to serve all the jail terms from the date of his
conviction.
On the 1st count, the appellant was found guilty of cheating one Chong Yu Long
and one Chong Siew Kuan of RM23,000 as part payment for the purchase of a land
lot in Tomangong Estate in Kinabatangan by inducing them to believe that he was
the holder of a 'Power of Attorney' dated February 8, 1977 for the said land
lot. The offence was framed under Section 420 of the Penal Code which provides
for a jail term of up to 10 years and whipping and a fine, upon conviction.
On the 2nd, 3rd and 4th charges, Heng was found guilty of using 3 forged
documents - the said 'Power of Attorney' that purportedly gave him
authorization over the said land; The River Estate Sdn Bhd's 'Special
Resolution of the Board of Directors' dated January 7, 1977, an authorization
letter for him pertaining to the said land and; a 'Personal Declaration and
Testimony' by R. G. Barrett dated February 8, 1977 agreeing to give an
authorization letter to him pertaining to the said land.
The offences took place on March 2012 at a law firm at Damai Plaza IV, Lorong
Kayu Manis here.
The 3 charges framed under Section 471 of the Penal Code and punishable under
Section 467 of the same Code carries a jail term of up to 20 years and a fine,
upon conviction.
(source: The Borneo Post)
BAHAMAS:
'Death Penalty Needed To Stop The Murders'
National Security Minister Marvin Dames said yesterday the Minnis
administration will push for the death penalty to be enforced in an effort to
reduce the violent crime in the country.
In an interview with The Tribune, Mr Dames said the Free National Movement will
use everything on the law books, including capital punishment, to make the
Bahamas safe for "law-abiding citizens."
However, he said a homicide rate of zero is "wishful thinking" no matter how
many "measures the government puts in place".
Mr Dames' comments came days after the country recorded its 78th murder,
according to The Tribune's records.
There were also 5 murders recorded last week.
"We will use everything necessary in the law to ensure that persons who
continue to commit crimes are dealt with to the fullest extent of the law and
that includes capital punishment," he said.
"It is on the books and so it is fair game, it's not something we have to put
there, it is already there it just needs to be enforced. We cannot have a
lawless society and it is our job as the government to introduce new policies
and to enforce old ones to make sure everyone is safe. We are proponents of the
death penalty, our leader talked about it during the campaign trail and we have
not changed our position on that. We will do what we promised we will do. You
are not going to completely stop all the murders, but our priority is to ensure
that hardworking, decent Bahamians are not victims. We have to protect our
citizens. This is not a quick fix."
In February, Prime Minister Dr Hubert Minnis, while in opposition, said unless
the government is willing to enforce the death penalty, "criminals will
continue to ravage our country and keep citizens in fear".
Dr Minnis said the country is losing the battle to the criminal element and
"more serious measures" need to be taken.
Last year, Dr Minnis insisted that the necks of "murderous scumbags" in the
country must be "popped" as he castigated the Christie administration for
failing "miserably" in its obligation to keep Bahamians safe.
However, yesterday, Mr Dames said there is "little" the government can do if
persons continue to make bad decisions.
"There is very little we can do when people make lifestyle choices that put
their lives at risk," the Mount Moriah MP said.
"There are things we will do and are currently doing to address crime. . .
(but) sometimes unfortunately people refuse to change. We can do things to
bring the numbers down but you are not going to completely stop all the
murders. Our priority is to ensure that hard working decent Bahamas are
protected. A zero-homicide rate is wishful thinking, we can bring the numbers
down but we are not going to prevent every homicide."
A 2006 decision by the London-based Privy Council, the Bahamas' highest court
of appeal, quashed the country's mandatory death penalty for murder convicts,
which it said was unconstitutional.
In 2011, the Privy Council also said the death penalty should only be given in
cases where the offence falls into the category of the "worst of the worst."
That same year, the Ingraham administration made changes to the Penal Code to
set out the criteria for the types of murders that would attract a
discretionary death penalty after conviction.
The law changes made it so a person convicted of killing a member of the Royal
Bahamas Police Force, Royal Bahamas Defence Force, Department of Customs,
Department of Immigration, the judiciary or correctional services would be
eligible for the death penalty.
Someone convicted of killing someone during a robbery, rape, kidnapping or
terrorist act would also fall into this category.
However no one has been hanged since the amendments were passed into law.
The last person to be executed by the state was David Mitchell in January 2000.
Some observers have called on the Bahamas to abandon the Privy Council in order
for the country to be free to execute those on death row.
Others have called for further clarification on what murders are "most extreme
and exceptional" in the Privy Council's view.
(source: Bahamas Tribune)
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