Jan. 22
UGANDA:
Museveni's Death Row Vow Misguided - Rights Body
Amnesty International, an international human rights body, has warned that
President Museveni's vow to hung condemned prisoners is a threat to Uganda's
"decades of progress".
While officiating at the pass out ceremony for prison warders and wardresses at
Luzira prison on Thursday, President Museveni said he would decide on executing
some of the prisoners on death sentence as a deterrent to rampant criminal
tendencies.
"I think being too lenient is also becoming a problem because the criminals
think they have a right to kill people and then just keep their own heads. So,
I think I am going to revise a bit and hung a few," Mr Museveni said.
According to Prisons authorities, there are 278 convicts on death row. 78 of
them have exhausted the court process after their sentences were confirmed by
the Supreme Court, hence awaiting execution unless they benefit from
presidential pardon under prerogative of mercy.
However, the Amnesty International's Death Penalty Advisor, Mr Oluwatosin
Popola, has said if President Museveni signs death warrants for condemned
prisoners, the decision would be "misguided".
"President Museveni's threat to resume executions to 'prevent crime' is
misguided since there is no credible evidence that the death penalty is a
deterrent to crime. Rather, it is the ultimate cruel, inhuman and degrading
punishment and a violation of the right to life,"Mr Popola said.
In a press release issued by Amnesty International on Friday, Mr Popola advised
that instead Uganda should expedite trying criminal cases that are backlogged
in the courts, adding that killing those already found guilty cannot fix
criminality.
Mr Popola said because President Museveni has in the past refused to execute
prisoners, Uganda is supposed to be joining the global crusade to abolish the
death penalty.
"While the backlog of criminal cases in Uganda is something that needs to be
addressed and expedited, resorting to the death penalty as some kind of
'quick-fix' is not the answer. But resuming (executions) them now would destroy
more than a decade of progress, not to mention the global trend towards
abolition. The President must instead lead Uganda to fully abolishing the death
penalty, just as 19 other African countries have done," he said.
Uganda last carried out an execution of prisoners on death row in 1999 when
Musa Sebirumbi and 27 others were hanged in Luzira Prison.
Sebirumbi was Uganda People's Congress chairman in Luweero during the Obote II
government and was hanged for the murder of Edidian Luttamaguzi, a collaborator
of Museveni's National Resistance Army rebels during the 1981-86 bush war.
DEATH PENALTY
Currently, a large majority of countries have either abolished or discontinued
the practice. The US is the most developed country to use the death penalty.
As of November 2017, of the 195 independent states that are United Nations
members, 55 retain it in both law and practice; 29 have abolished it de facto
as they have not executed anyone during the last decade or more.
And 103 have abolished it for all crimes, most recently: Madagascar (2015),
Fiji (2015), Republic of the Congo (2015), Suriname (2015).
(source: allafrica.com)
JAPAN:
Focus shifts to executions in Japan's 1995 sarin gas attack
More than 2 decades after poison gas attacks in Tokyo's subways killed 13, the
stage has shifted to the execution of 13 people convicted in the crime. When
they will be sent to the gallows, though, remains a mystery in Japan's highly
secretive death penalty system.
The Supreme Court rejected an appeal in the final case last week, so the
condemned are no longer needed as potential trial witnesses. The court upheld a
life sentence for Katsuya Takahashi, a driver in the attack who was convicted
of murder in 2015. He was a follower of the Aum Shinrikyo cult that carried out
the attack.
"The end of the trials, which took so long, is a fresh reminder of the horror
of all the crimes committed by Aum," Shizue Takahashi, the wife of a subway
stationmaster who died in the attack, told reporters Friday. "Now the focus for
the families of the victims and other people will shift to the executions."
Shoko Asahara, the guru of Aum Shinrikyo, and 12 others have been sentenced to
death. Whether any will be hanged this year is unknown. Japan generally
announces executions only after they have happened.
Cult members released sarin nerve gas in subway cars during the morning rush
hour in March 1995, sending people fleeing to the streets and sickening more
than 6,000. First-aid stations were set up in tents, and military troops in gas
masks and hazmat suits were sent in. The scenes shocked a country where the
crime rate is relatively low and people usually take their personal safety for
granted.
"We should remember that it was not a crime by a group of weird young people,
but it showed that anyone could be an assailant," said Shoko Egawa, a
journalist who covered the cult's criminal activities from early on.
The attack was intended to disrupt a police investigation into the group, which
had already been suspected of other illegal activities. The cult had amassed an
arsenal of chemical, biological and conventional weapons in anticipation of an
apocalyptic showdown with the government.
Cult guru Asahara, whose real name is Chizuo Matsumoto, was captured 2 months
after the attack. His round face framed by wavy long hair and a scraggly beard,
he rarely spoke during an 8-year trial, except for occasional incoherent
remarks in English at the start. Now 62 years old, he has been on death row for
nearly 14 years since being sentenced in 2004.
Aum Shinrikyo, which means Supreme Truth, once claimed 10,000 members in Japan
and 30,000 in Russia. It has disbanded, though about 2,000 believers follow its
rituals in 2 splinter groups. Authorities continue to monitor them.
Of the 122 people on death row in Japan, more than 90 are appealing their
sentences. Retrials are rarely granted, and filing an appeal does not protect
one from the gallows. 4 people were executed last year.
In 2016, the Japan Federation of Bar Associations called on the government to
abolish executions by 2020, when Japan hosts the Summer Olympics. Japan and the
U.S. are the only G-7 countries that maintain the death penalty. Last year,
Mongolia became the 105th nation to end the practice, according to Amnesty
International.
(source: Associated Press)
INDIA:
Nirbhaya Gangrape: Supreme Court Asks Convict, Who Was Sentenced To Death, To
File Review Petition Soon----A bench was informed that one of the four
convicts, Akshay Kumar Singh, has not yet filed the plea for review of the apex
court's May 5 last year verdict.
The Supreme Court on Monday asked1 of the 4 death row convicts in the
sensational December 16, 2012 gangrape and murder case to soon file his plea
seeking review of its verdict upholding death sentence awarded to him, saying
the court "cannot wait" for long.
A bench headed by Chief Justice Dipak Misra was informed that 1 of the 4
convicts, Akshay Kumar Singh, has not yet filed the plea for review of the apex
court's May 5 last year verdict.
The top court had last year upheld the death penalty to the four convicts -
Mukesh, 29, Pawan, 22, Vinay Sharma, 23, and Akshay Kumar Singh, 31, saying the
"brutal, barbaric and diabolic nature" of the crime could create a "tsunami of
shock" to destroy a civilised society.
A 23-year-old paramedic student was gangraped on the intervening night of
December 16-17, 2012 inside a moving bus in South Delhi by a gang of 6 persons
and severely assaulted before being thrown out naked. She succumbed to her
injuries on December 29, 2012 at Mount Elizabeth Hospital in Singapore.
During the brief hearing today, the court asked advocate A P Singh, who is
representing Akshay and 2 other convicts, as to why review petition has not yet
been filed on behalf of Akshay.
Singh told the bench, which also comprised Justices R Banumathi and Ashok
Bhushan, that he has filed review pleas on behalf of convicts Pawan and Vinay
Sharma but because of some exigencies in Akshay's family, he could not file the
same for him.
"This matter cannot go on like this. We cannot wait for you to file review
petition for long," the bench observed after which the counsel said he would
soon file a review plea.
Senior advocate Siddharth Luthra, representing the Delhi Police, also told the
bench that much time has gone by since the apex court's May last year verdict.
The bench, while listing the matter for further hearing on February 16, asked
Akshay's counsel to file the review plea by then.
The top court had last month heard the arguments on the review petition filed
by convict Mukesh which was opposed by the police.
The police had argued that submissions advanced by lawyer appearing for Mukesh
does not make out a case for review of the apex court's judgement.
The lawyer representing the convict had claimed that Mukesh was framed by the
police and tortured and had also raised other issues, including that of dying
declaration of the victim.
Another accused in the case, Ram Singh, had allegedly committed suicide in
Tihar Jail, while a convicted juvenile has come out of the reformation home
after serving a 3- year term.
(source: outlookindia.com)
PAKISTAN:
SC suspends death penalty of 3 hardcore terrorists convicted by military court
Supreme Court (SC) of Pakistan has ordered authorities to halt the
implementation of an order by a military court which sentenced to death 3
hardcore terrorists, Express News reports.
A 2 member bench of the top court under Justice Azamat Saeed on Monday
conducted a hearing into appeals filed in the SC against the verdict by 3
terrorists, namely Shafaqat, Sabir Shah and Muhammad Liaqat.
Supreme Court upholds establishment of military courts
After hearing the arguments of the complainants, Justice Saeed ordered the
suspension of the military court ruling until further orders, and adjourned
proceedings indefinitely.
Muhammad Liaqat had been charged with attacking a journalist, while Sabir Shah
and Shafaqat are deemed involved in the murder of Advocate Arshad Ali in
Lahore. Earlier, a military court had sentenced all 3 of them to death.
(source: The Express Tribune)
MALAYSIA:
Trial in Kim Jong Nam's murder resumes in Malaysia
The high-profile trial in Malaysia of 2 women accused of killing the estranged
half brother of North Korea's leader resumed Monday after a seven-week recess,
with witnesses taking the stand to verify the authenticity of security camera
videos capturing the attack.
Indonesia's Siti Aisyah, 25, and Vietnam's Doan Thi Huong, 29, are accused of
smearing VX nerve agent on Kim Jong Nam's face in a crowded airport terminal in
Kuala Lumpur last Feb. 13. They pleaded not guilty to murder charges when their
trial began Oct. 2. The 2 are the only suspects in custody, though prosecutors
have said four North Koreans who fled the country were also involved.
Prosecutors, who last year showed the security videos to the court, called four
employees of the airport and airport hotel to the stand Monday to explain how
they extracted the relevant images from the main computer server and copied
them to discs. This was to enable the court to accept the videos as formal
evidence.
The court heard that the original videos in the main server were automatically
deleted after 30 days.
Prosecutor Muhamad Iskandar Ahmad told the court they will call four more
witnesses and that the defense will cross examine a previous witness, the chief
police investigator, before prosecutors wrap up their case. So far, 29
witnesses have testified.
"Their whole case is based on the CCTV footages and VX, so the admissibility of
the footages is very important. But they are taking a very simplistic approach
and have failed to examine if the women have any motive," said Gooi Soon Seng,
the lawyer for Siti Aisyah.
Gooi has said Kim's killing was a political assassination because of
involvement by the North Korean Embassy. A police witness has testified that a
car used to take the North Korean suspects to the airport on the day of the
murder belonged to the embassy. The court also heard that an embassy official
met the suspects before they fled and facilitated their check-in at the
airport.
If they are convicted, the 2 women could face the death penalty but not if they
lacked intent to kill. That is their defense.
Defense lawyers say the women believed they were playing a prank for a
hidden-camera TV show. Prosecutors contend the women knew they were handling
poison.
The court has heard that traces of VX were found on the women's clothing as
well as on Huong's fingernails. An autopsy showed VX on Kim's face and in his
eyes, blood and urine as well as on his clothing and bag. Doctors concluded the
cause of death was "acute VX nerve agent poisoning," and ruled out any other
contributing factors.
Kim, the eldest son in the family that has ruled North Korea since its
founding, had been living abroad for years after falling out of favor. It is
thought he could have been seen as a threat to his half brother Kim Jong Un's
rule.
Malaysian officials have never officially accused North Korea of involvement in
Kim's death and have made it clear they don't want the trial politicized.
Prosecutors are expected to rest their case in March. The judge could then
decide there is no case against the women, who would be freed, or to let the
case continue. If that's his decision, the defense will be called and the trial
would last several more months.
(source: Associated Press)
ISRAEL:
Is death ever the proper penalty?----As Israel moves closer to sentencing
terrorists to death, Daniel Sugarman thinks it's a bad idea
In its 70 year history, the State of Israel's judicial process has only
executed 2 people.
The 1st was during the War of Independence. An Israeli army officer, Meir
Tobianski, was found guilty of espionage by a drumhead court martial, and was
executed by firing squad. It later turned out he was innocent and he was
exonerated posthumously. The 2nd time was the Nazi, Adolf Eichmann, hanged in
1962.
Every other time the death sentence has been passed since then, it has been
commuted, mainly because since the 1990s, the IDF policy has been not to seek
the death penalty.
Earlier this month, however, the Israeli government introduced a bill making it
much easier for civil authorities to press for the death penalty. It passed in
the Knesset by 52 votes to 49.
It's no surprise that the public mood has hardened. Many Israelis see the
Palestinian thought process as celebrating martyrdom. If a terrorist is not
killed as they attack but only wounded, they are likely to be treated in an
Israeli hospital, where they will receive the same medical care as their
victims. They will then be jailed. While in prison, their families will receive
generous stipends from Palestinian Authority.
Eventually, as part of an agreement to return to a negotiating table, the
Palestinian leadership will demand the release of hundreds of such terrorists
as a "gesture of goodwill". The murderers return home to a hero's welcome.
Recently, the case of Sergeant Elor Azaria divided the country. Azaria was
jailed after he was videoed shooting a disarmed Palestinian terrorist in the
head.
Many deplored the action but just as many protested against Sergeant Azaria's
punishment. "If we do not defend our soldiers, who will defend us", read a
popular sign at rallies supporting the imprisoned soldier.
The frustration and anger is understandable. But the death penalty is not and
cannot be the way forward.
In a conflict against a group of people whose leadership, over the last few
decades, has worked hard to propagate a cult of martyrdom, killing such
terrorists will do little more than act as a recruitment drive for thousands
more.
The head of the Shin Bet, Israel's internal security service, has warned that
using the new powers could lead to retaliatory abductions of Jews both in
Muslim and Western countries.
But there is another compelling reason to stand against the death penalty.
In an early episode of the political drama The West Wing, the US president
grapples over the issue of whether to commute a death sentence.
His communications director tells him that while the death penalty was handed
down by the Torah for certain transgressions, "even 2,000 years ago, the rabbis
of the Talmud couldn't stomach it. They weren't about to rewrite the Torah, but
they came up with another way.
"They came up with legal restrictions ... they made it impossible for the state
to punish someone by killing them."
The show's Jewish writer, Aaron Sorkin, knew what he was talking about.
The rabbis constructed a legal obstacle course so convoluted that it was
practically impossible for anyone to be put to death as the result of a trial,
to the extent that, in the event of a unanimous vote by the Sanhedrin to
condemn a person to death, the guilty party was immediately exonerated.
Almost a thousand years later, Maimonides would say, "It is better and more
satisfactory to acquit a thousand guilty persons than to put a single innocent
one to death."
And now, in 2018, the current Sephardi Chief Rabbi, Rabbi Yitzchak Yosef, a man
not exactly known for left-wing views, has said that this new death penalty
bill has no support in Jewish law.
Israel has flourished, and will hopefully continue to flourish, despite the
attempts to destroy it. Adopting the death penalty, even for terrorists,
lessens the humanity of a country which, despite the constant efforts to vilify
it, has managed to maintain its morality to a remarkable degree in the face of
constant attack.
It would be extremely foolish to jeopardise this morality, especially when it
could be argued that to carry out the death penalty would give Israel's enemies
exactly what they want.
The Jewish state often takes into account Jewish law and Jewish tradition. It
would be a grave error to start ignoring it now.
(source: thejc.com)
GAZA:
"SHAMS" Center condemns the execution of the citizen Ahmad Barhoum
"SHAMS" Center condemns the execution of Ahmad Said Mohammed Barhoum by a
member of his family, as mentioned in statement issued by the family. Based on
the follow up of the center, at 10:45 AM on Friday January 19th of 2018, the
body of the citizen (29) years old was moved to Abu Yusuf Alnajjar hospital in
Rafah city, with the mark of a bullet in the chest as reported by the hospital
with attendance of family members. Following the medical observation and
declaration of death, the body was passed on to his family without the
attendance of the Prosecution and without sending it to the forensic medicine
and he was buried on Friday noon. According to the statements made by the
citizen's relatives, execution was implemented in a site related to Izz-Edden
Alqassam Brigades, the military wing of "Hamas" to the west of Rafah city, and
he was previously detained for 2 months by the brigades. Barhoum's family
issued a statement on Friday mentioned that he was executed by his family after
being passed by the so called "resistance security" and the family implemented
death penalty. As he was involved in transfer of information regarding
resistance leaders which resulted in the assassination of 3 of them who are:
Raed Attar, Mohammed Abu Shammaleh and Mohammed Barhoum a family member on
august 21st of 2014 in Rafah city. Based on the interrogations of the military
wing of "Hamas".
"SHAMS" Center denounces the carelessness and irresponsibility of citizens'
souls. The center considers the execution of the citizen Ahmad Barhoum as a
gross violation against the right to life, an extra-judicial execution and an
infringement upon the power and prestige of the judiciary. Also, the center
recognizes it as a violation against criteria of fair trial headed by the
presenting an indictment and the availability of the right to defense,
transparency and publicity of the session. And against the right to last resort
appeals before an independent unbiased judicial body that assume setting the
punishment by virtue of law after being found guilty.
"SHAMS" Center strongly deprecates the detention and interrogation of the
citizen by Izz-Edden Alqassam Brigades, the military wing of "Hamas"
organization, without taking into account the legal guarantees given by the
Palestinian law. This affirms that resistance security entities shouldn't get
involved within internal affair being considered as breach against justice
facilities and human rights and a threat against community safety. Accordingly,
the center urges the specialized authorities of Gaza Strip to investigate in
the incident of the citizen's execution, to publish the findings and holding
everyone found involved accountable. In order to respect for the rule of law &
human rights, and to protect the Palestinian community from consequences of
extra-judicial actions.
(source: Human Rights and Democracy Media Center)
IRAN:
Iran suspends executions after relaxing law on drug offences
Iran on Monday suspended all cases in which people have been sentenced to death
for drug offences, Ali Larijani, Speaker of the country's parliament said.
Larijani said all the cases are to be reviewed.
"A block has also been placed on planned executions," the Isna news agency
reported.
According to official statistics, 4,000 people are currently on death row in
Iran for drug offences.
The Iranian government officially abolished the death penalty for some
drug-related crimes in November.
Larijani had previously defended capital punishment for drug dealers, claiming
they were responsible for the deaths of thousands of young people and a
lifetime of suffering for their families.
"Without the death penalty and executions, drugs would be available in every
supermarket," he said.
In 2016, an inquiry found that, in spite of a high number of executions, the
quantity and variety of drugs being smuggled into Iran was rising, rather than
falling.
Iran has previously come under criticism from the international community for
its stance on drug offences.
"The country's legal authorities are currently considering which specific
punishments would be appropriate as an effective alternative to the death
penalty," the local media report said.
Those convicted, for example, of small-scale dealing could be sentenced to
several years in prison or community service.
Drug lords, however, are still expected to receive the death penalty.
(source: pmnewsnigeria.com)
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