Oct. 30
SOUTH AFRICA:
SA law saves the neck of Botswana man
The South African constitution, which outlaws the death sentence, has saved a
Botswana citizen from possibly hanging if convicted of a murder charge in his
country.
Keitekile Jampe, with the help of Lawyers for Human Rights, turned to the high
court in Pretoria for an urgent order that he be released from the Lindela
Repatriation Camp in Krugersdorp, where he has been detained for more than 430
days pending extradition to Botswana.
But Jampe said that if he goes back to his country of origin, he might be
hanged. The Botswana police are looking for him in connection with a charge of
murder.
The parties settled the matter in terms of which Home Affairs agreed not to
deport him unless the Botswana government gave an assurance that he would not
receive the death penalty if he returned.
Judge Lettie Molopa-Sethosa also ordered that he be released from Lindela.
Jampe has to report to the director-general of Home Affairs to secure his
lawful stay in South Africa in terms of the immigration regulations.
Jampe said in court papers that he was born in 1979 in a village in Botswana.
He has no formal education and is a shepherd.
He fled to South Africa in August last year as he feared he would be arrested
for a crime, which, if he were to be convicted, was punishable by the death
sentence.
He was arrested by the SAPS shortly after he crossed the border for entering
the country illegally.
A magistrate in Kuruman in the Northern Cape sentenced him to 50 days'
imprisonment for being in the country illegally. This he served, but when he
was released, he was nabbed again and taken to Lindela. Jampe said while he was
there, his uncle told him the police in Botswana were asking about his
whereabouts.
This related to the criminal investigation against him. He did not elaborate on
the alleged crime.
Apart from his detention for being unlawful in South Africa, he said he feared
he would be extradited to Botswana. He said he had overheard an immigration
official saying "We know what you have done and we're deporting you back to
Botswana".
Botswana prescribes the death penalty for murder and treason. South Africa,
which abolished the death penalty more than 20 years ago, cannot in terms of
the law and constitution send a person back to a country while knowing that the
person may face death.
The Home Affairs director-general, in similar cases in the past, submitted a
report to the court which set out the department's obligations to prevent the
unconstitutional extradition to states where the death penalty was still in
force. It also set out how long detainees may remain in detention before facing
a court.
In the past, the courts ordered that people facing a possible death sentence
may not be deported until that country had given the assurance they would not
be executed.
Jampe said he lived in fear every day at Lindela that he would be deported back
to Botswana. "I live in fear for my life and safety."
Jampe said had not been charged with a crime in South Africa, so he could not
apply for bail. Neither had Home Affairs followed the proper process for
deportation, so his only alternative was to approach the court.
(source: African Independent)
MALAYSIA:
Death penalty: Drugs law amendment in the works
The Attorney-General's Chambers, ministries and government agencies are working
on amending the Dangerous Drugs Act 1952.
In a parliamentary written reply, Law Minister Azalina Othman Said said the
AG's Chambers had sought feedback from the Home Ministry, Health Ministry,
Chemistry Department, the police and the Customs Department.
"The Attorney-General's Chambers has completed the first draft of the Dangerous
Drugs Act 1952 (Amendment) Bill. The cabinet was informed of this on July 28.
"The bill will be presented to cabinet for consideration and approval before it
is tabled in Parliament soon," Law Minister Azalina Othman Said in a
parliamentary written reply.
(source: malaysiakini.com)
BANGLADESH:
High Court upholds death sentence for man in 2003 murder of Tangail schoolboy
The High Court has upheld the death penalty awarded to a man for abducting and
murdering a Tangail schoolboy 14 years ago.
In March 2003, 3rd-grader Mamun was kidnapped from a village in the district.
The kidnappers demanded a ransom of Tk 300,000.
The boy's body was recovered later from death-row convict Bakul's home.
On Monday, the High Court upheld the trial court's sentence for Bakul while it
upheld life imprisonment for absconding convict Selim.
Deputy Attorney General Md Bashir Ullah said the death penalty can be executed
if the convict does not start an appeal.
(source: bdnews24.com)
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