Jan. 23
PAKISTAN:
Asia Bibi continues to wait in legal limbo
Almost 9 years ago, a woman was arrested after drinking the same water as her
co-workers while harvesting berries. Because she is a Christian, the Muslim
women working with her became angry and an argument led to them accusing her of
blasphemy. Today, Asia Bibi is the poster child of the abuses afforded by
Pakistan's blasphemy laws.
For obvious reasons, blasphemy charges are not cut and dry cases. How could
something so objective be simple when multiple parties and belief backgrounds
are involved? Furthermore, cases like Bibi's are further complicated by a
riotous public and an ever-watching international audience.
Bibi's case has received great international attention. And it's probably
because the world has tuned in that she is still alive today. Bibi was
convicted of blasphemy in 2010, shortly after her arrest. The sentencing for
such a verdict is without exception death. However, the Supreme Court agreed to
hear her case.
Todd Nettleton of the Voice of the Martyrs USA explains further: "Sadly,
nothing is happening; that's really the problem. If you go way back to the
middle of 2015, the Supreme Court of Pakistan set aside the verdict, the
verdict of guilty, the death penalty against Asia Bibi and they said, 'Ok,
we're not going to let that verdict go forward until there's been a review by
the Supreme Court.'"
Initially, this was great news. Some believed that review by one of the highest
courts could mean justice for Bibi at last. But it soon became apparent that
more than anything, the announcement was a stalling tactic.
"More than a year after the Supreme Court said they would hear the case, they
finally announced a date when they would have hearings. And the day of the
hearing came, and 'Oh! One of the judges can't make it today. Sorry, we're
going to have to postpone. We're going to have to delay.'"
And as the hearing still has not happened, it seems to be the mode of operation
of the Pakistani government not to make a move. They are stuck figuring out
which direction has the least risk of uproar.
As Nettleton explains, overturning the verdict could mean big problems at home.
Sustaining the verdict could mean even bigger problems with the rest of the
world:
"If you look back a year ago, there were widespread protests in Pakistan:
thousands and thousands of people marching in the streets. One of their demands
was the immediate execution of Asia Bibi. So this is a case that has not gone
away from the national consciousness in Pakistan. And radical Muslims there are
still [building] up support for her execution."
It's a tricky situation. Therefore, the courts aren't exactly eager to move
forward.
"If they let her go, they face the wrath of radical Muslims in Pakistan. If
they go ahead and uphold the verdict and execute her, they face the wrath of
the international community which says, 'How can you put a wife and mother to
death simply for having a discussion about religion, about Jesus versus
Mohammed? That's unconscionable. How could you do that?'"
Despite the ongoing international pressure, there's no indication that there
will be any movement in this case soon. Organizations like the American Center
for Law and Justice continue to raise awareness and call for justice. Voice of
the Martyrs, too, has been active in advocacy.
They created Callformercy.com specifically to address Bibi's case. (You can
sign that petition!)
"We have so far gathered over 700,000 signatories to our petition, requesting
the immediate release of Asia Bibi from prison.
"I've been a part of three times we've gone to the Pakistani embassy in
Washington D.C. and delivered these signatures, delivered these names. And all
3 times we've heard the same story. You know, 'Hey, we've got to let the court
process work. We believe justice will be done for Asia Bibi, but we have to let
the court process go forward.'"
But while foreign governments wait to see how the case will play out, life is
passing by for Bibi and her family. Nettleton says as we consider what nine
years imprisoned would be like, we'll be more motivated to intercede with the
One who can intervene in any situation.
"I think really, at this point, prayer is the best option for us. We pray for
Asia Bibi in prison. We pray for the justices of the Supreme Court. And I think
we pray for Asia's family as well. When you think about being in prison, for so
long - we're now almost to 9 years in prison. Her daughters have basically
grown up while she's been in prison, without their mother. This is a hard thing
for their entire family."
Specifically, we can pray for encouragement, justice, and release for Bibi, and
that God would sustain her and her family during this time.
"The stories that we hear are that her faith remains strong. But you can
imagine how trying it is for her to be in prison."
Bibi's story also draws attention to the sort of risks people face when they
follow Christ and obey his commandment to tell others about him. So, keep this
in mind as you pray, too.
"The Gospel work is going forward, but it's going forward in an environment
where there is a lot of animosity."
(source: Mission Network News)
BARBADOS:
CCJ to hear appeals brought by convicted Barbadian murderers
The Caribbean Court of Justice (CCJ) will on Wednesday begin hearings in the
appeals brought by convicted Barbadian murderers Dwayne Omar Severin and Jabari
Sensimania Nervais.
Severin is on death row for the November 30, 2009 murder of Virgil Barton in
Lucas Street, St Phillip.
Nervaise, of 3rd Avenue, Sisnett Road, Bannister Land, St Michael, was found
guilty of murdering Jason Ricardo Burnett on November 17, 2006.
The 2 had challenged their convictions on the grounds that they were unsafe and
unsatisfactory and that the mandatory death sentence was unconstitutional and
needed to be so declared.
However, their challenges were dismissed by the Court of Appeal in May last
year.
The then Acting President of the Court of Appeal, Madame Justice Sandra Mason,
ruled that the mandatory death penalty had been preserved in Section 26 of the
Constitution, and judges could not determine whether it should remain on the
country's law books.
She noted that such a decision was up to Parliament, which had the power under
the Constitution to amend Section 2 of the Offences Against The Person Act to
give sentencing judges the discretion on imposing the death penalty.
(source: Barbados Today)
IRAN:
Death Sentence Against Swedish Resident Ahmadreza Djalali Under Review
Branch 33 of the Supreme Court in Iran is reviewing the death sentence issued
to Ahmadreza Djalali, an Iranian-born academic and Swedish resident accused of
"espionage" charges. The judge has asked a deputy prosecutor to give his
opinion in February 2018.
"My client's case is currently being studied by a deputy prosecutor in Tehran
and his assistant in charge of carrying out court rulings," a member of
Djalali's legal defense team, Zeinab Taheri, told the Center for Human Rights
in Iran (CHRI) on January 19, 2018. "Both have raised objections to the case
similar to Ahmadreza's own objections."
"Considering the problems with this case and the letters we have written to
parliamentarians, we are hoping the death sentence will be reversed," added the
attorney.
Taheri also told CHRI that according to the medical staff of Evin Prison,
Djalali needs medical attention from a physician based outside the prison to be
checked for a "possible tumor," but the judge presiding over Djalali's case,
Abolqasem Salavati, has repeatedly rejected Djalali's requests for outside
care.
Continued Taheri: "Unfortunately, Ahmadreza is not well. He is eating but
getting thinner every day. He's a doctor himself and he says it's possible that
a tumor has developed in his digestive tract. Evin Prison's medical doctor
checked him and said he needs to undergo tests outside prison. But Judge
Salavati has opposed allowing him to receive treatment outside prison."
Political prisoners in Iran are singled out for harsh treatment, which often
includes denial of medical care. The threat of withheld medical care has also
been used as an intimidation tool against prisoners who have challenged the
authorities or filed complaints.
Djalali, who lives in Sweden with his wife and 2 children, has consistently
denied collaborating with any intelligence agency and has stated that he was
imprisoned in Iran for refusing to spy for Iran's security establishment.
In a letter from Evin Prison addressing Judiciary Chief Sadegh Larijani,
Djalali said the indictment against him "is full of distortions and
misinterpretations."
The letter was written in mid-January 2018, according to Djalali's wife, Vida
Mehran-Nia, who shared it with CHRI on January 19.
"During interrogation, I never, under any circumstances, admitted or agreed to
cooperate or spy for the Mossad or any other agency and no evidence has been
presented to prove such a charge at any stage of the prosecution," wrote
Djalali.
Continued Djalali: "I have always explained with proof and evidence that agents
who introduced themselves as members of a security organization ... came to me
on 5 or 6 occasions, threatened the lives of my family members and my children
in particular, and requested information and cooperation. My only answer was,
no."
"The accusations about my role in providing information about martyred nuclear
scientists are false and dastardly," he added. "I have rejected them with
numerous ... documents that have been presented to the court."
Djalali was sentenced to death for the charge of "collaborating with a hostile
government" by a Revolutionary Court in Tehran in October 2017. On December 5,
2017, the Supreme Court upheld the death sentence.
A researcher in disaster medicine, Djalali has been accused of providing
information to Israel that was allegedly used for the assassination of Iranian
scientists. Djalali was arrested in April 2016 while traveling to Iran from
Sweden on invitation of Tehran University to speak about his expertise in
disaster medicine.
In 2012, Iran's Intelligence Ministry claimed it had arrested several people in
connection with the assassination of Iranian nuclear scientists Ali-Mohammadi
and Majid Shahriari 2 years earlier in 2010.
Only 1 person was prosecuted for the assassinations, Majid Jamali Fashi, who
was executed in May 2012 for allegedly killing Ali-Mohammadi in January 2010.
"The indisputable fact is that Dr. [Masoud] Ali-Mohammadi was martyred on
January 12, 2010, at least three months before European agents approached me in
the spring of 2010," wrote Djalali in his letter. "This was even mentioned in
the TV program based on my montaged statements, which prove that the
accusations against me are contradictory lies."
"How could I be accused of giving information about someone who was martyred 4
months earlier?" wrote Djalali.
On December 17, 2017, the state-funded Islamic Republic of Iran Broadcasting
(IRIB) service aired Djalali's forced confession, which was recorded while he
was being held in solitary confinement under extreme duress.
IRIB has a long history of broadcasting forced confessions. Typically
well-staged productions, they are used to defame dissidents, intellectuals, and
other individuals whom the authorities wish to discredit, legitimize their
prosecution, and amass public support for their sentences.
The edited footage does not show viewers which questions Djalali was asked or
who asked them. The IRIB presenter accuses Djalali of spying for Israel,
however, nowhere in Djalali's so-called "confession" does he mention Israel or
its secret service by name.
"I have never had any personal, scientific or professional ties with the
martyred scientists," wrote Djalali in his letter. "I only had a conversation
with these honorable individuals about medical educational matters 7 or 8 years
before their martyrdom."
Djalali's wife has stated that her husband was forced to rehearse and read the
confession that was broadcast, and that his interrogators threatened that his
family and children would be killed if he did not make the taped statement.
In a different, undated letter from Evin Prison, Djalali wrote that he was
imprisoned for refusing to spy for Iran's Intelligence Ministry.
The young physicist Omid Kokabee was imprisoned in Iran for over 5 years for
similarly refusing to conduct military research for Iran.
(source: iranhumanrights.org)
*******************
Urgent Action
MAN ARRESTED AT 17 AT RISK OF EXECUTION
Iranian man Hamid Ahmadi, arrested at 17 and sentenced to death on the basis of
torture-tainted "confessions" is at risk of execution. According to the
authorities, his request for retrial has been rejected and his death sentence
is ready for implementation.
Write a letter, send an email, call, fax or tweet:
* Halt any plans to execute Hamid Ahmadi and ensure that his conviction and
sentence are quashed and he is granted a fair retrial in accordance with the
principles of juvenile justice, without resort to the death penalty and
excluding statements obtained through torture or other ill-treatment or without
the presence of a lawyer;
* Conduct an impartial and transparent investigation into his allegations of
torture and other ill-treatment and bring those responsible to justice in
trials that meet international fair trial standards;
* Amend Article 91 of the 2013 Islamic Penal Code to completely abolish,
without any discretion by the courts or other exceptions, the use of the death
penalty for crimes committed by people below the age of 18, in line with Iran'
s obligations under international law.
Friendly reminder: If you send an email, please create your own instead of
forwarding this one!
Contact these 2 officials by 5 March, 2018:
Deputy Secretary General of the High Council for Human Rights
Kazem Gharib Abadi
Esfandiar Boulevard
Tehran, Islamic Republic of Iran
Salutation: Dear Secretary General
H.E. Gholamali Khoshroo
Permanent Representative of the Islamic Republic of???Iran to the United
Nations
622 Third Avenue, 34th Floor
New York, NY 10017
Phone: (212) 687-2020 I Fax: (212) 867-7086
Email: i...@un.int
Salutation: Dear Excellency
(source: Amnesty International)
*********************************************
Changes to Iran's Criminal Code Could Save the Lives of 5,000 People Awaiting
Execution for Drug Offenses----Capital punishment for drug offenses does not
deter drug use, is a violation of international law, and is inhumane.
Implementation of Iran's recent changes to its penal code would save the lives
of 5,000 people currently facing capital punishment for drug offenses in the
country. After China, Iran executes more people than any other country in the
world, and the majority of those sentenced to death are convicted of
drug-related crimes.
Iran amended its penal code in 2016, replacing the death penalty with life
imprisonment or fines for a number of drug related offenses. Earlier this
month, the head of the Iranian judiciary announced that people awaiting
execution for these crimes were entitled to have their cases reviewed.
Iran's new amendment does not eliminate the use of the death penalty for all
drug offenses; distribution of over 50 kilograms of opium, 2 kilograms of
heroin or 3 kilograms of crystal meth will still be punishable by death.
The United Nations opposes the use of the death penalty for drug related crimes
and UN Secretary-General Ban Ki-moon has repeatedly reiterated that
international law limits the application of the death penalty to the "most
serious crimes", which does not include drug sale, use or trafficking. Despite
this, over 30 countries around the world continue to use capital punishment for
drug offenses, executing thousands of people a year.
Far too many people have lost their lives to the drug war, including at the
hands of their own state. Iran should commute the sentences of the 5,000 people
awaiting executions and should eliminate the death penalty for all drug
offenses. Capital punishment for drug offenses does not deter drug use, is a
violation of international law, and is inhumane.
(source: alternet.org)
UNITED ARAB EMIRATES:
Rapist, killer of 11-year-old Pakistani boy in Abu Dhabi appeals death sentence
A Pakistani man, who was convicted of strangling an 11-year-old boy to death
after raping him at the rooftop of their Abu Dhabi building, has challenged his
execution sentence. While denying all the charges, he has contended that he was
being wrongly convicted.
The 33-year-old man was sentenced to death last November by the Abu Dhabi
Criminal Court of First Instance after he was found guilty of rape, murder and
a slew of other charges. The court also ordered the killer to pay Dh200,000 in
blood money to the child's family.
The man has, however, appealed the ruling in the Abu Dhabi Appeal Court.
The Pakistani appeared in court for his first hearing without a lawyer and the
court ordered him to appoint one, who will be paid by the state.
(The law says all defendants on trial for capital offences and those who may
face a death penalty or life in prison, should be represented by a defence
lawyer for a fair hearing.)
The child's father Dr Majed Janjua, who attended the 1st hearing of the case at
the appeal court, insisted on the death penalty. "I would only be satisfied by
a death penalty for the killer of my child and not anything else," the father
said at the court.
He said the murderer's family had tried to speak with him and his family about
pardoning the culprit after the Court of First Instance handed him a death
sentence.
The trial was adjourned until February 13.
On June 1, 2017, the Pakistani boy - identified as Azan Majid - was found
missing, after he went to a nearby mosque to pray. His body was found the next
day on the rooftop of the building on Muroor Road, where he was staying with
his father and stepmother.
The court records stated that the boy was sexually abused and strangled to
death with a rope by the Pakistani national, who is also related to the child.
The police revealed that the man cross-dressed to carry out the attacks on the
child, after luring the boy into going with him to the rooftop of the building.
The Abu Dhabi Public Prosecution had charged the Pakistani with premeditated
murder, raping the child, cross-dressing and driving a car without a number
plate.
The Abu Dhabi Criminal Court of First Instance found the Pakistani guilty on
all counts and he was handed the death penalty.
(source: Khaleej Times)
UGANDA:
Uganda's Museveni regrets halting death penalty----Ugandan President Yoweri
Museveni said he believed in 'an eye for an eye'
Ugandan President Yoweri Museveni said Monday he regretted stopping executions
in his "pre-industrial" country, just days after his vow to resume death
sentences alarmed rights groups.
Museveni last signed a death warrant in 1999 to execute 28 convicts, while
execution under military law was last carried out in 2002.
"I saw some NGOs opposing the death sentence. In a pre-industrial society like
ours removing death sentence is a recipe for chaos. We believe in the law of
Moses; eye for an eye", Museveni told the annual judges conference in Kampala
according to his senior press secretary, Don Wanyama.
"I have been making the mistake of not sanctioning these death sentences, I am
repenting," said Museveni.
"As you are aspire for best international practices, you must be aware that
societies like the United Kingdom went through the industrial revolution 200
years ago. Here in Uganda and Africa we are dealing with pre-industrial
societies," Museveni told the judges.
On Friday, during the passing out of prison wardens in Kampala, Museveni said:
"Criminals think they have a right to kill people and keep their heads ... I am
going to revise a bit and hang a few."
According to prisons service spokesman, Frank Mbaine, over 250 convicts are on
death row in Uganda.
Amnesty International said Museveni's threat to resume executions was
"misguided since there is no credible evidence that the death penalty is a
deterrent to crime".
The rights watchdog said that Museveni should instead lead Uganda to fully
abolish the death penalty, like 19 other African countries have done.
"Uganda's refusal to carry out executions in recent years has been a credit to
president Museveni, but resuming them now would destroy more than a decade of
progress, not to mention buck the global trend towards abolition".
Museveni, 73, has been in power for 3 decades, and could potentially seek a 6th
term in office in 2021 if a bill to remove presidential age limits is passed.
(source: dailymail.co.uk)
NIGERIA:
Death sentence: Court of Appeal reserves judgment on ex-policeman's appeal
The Court of Appeal, Abuja, on Monday reserved judgment on a criminal appeal
filed by an ex-police officer, Julius Obanla to challenging the death penalty
passed on him.
Justice Abubakar Yahaya led 2 other justices of the court to reserve the
judgment after counsel to parties had adopted their addresses.
Mr Max Ogar, Counsel to the applicant argued that the trial at the lower court
was shrouded in error.
Ogar alleged that the trial judge had depended on circumstantial evidence not
pleaded to arrive at the judgment.
"Without wasting the precious time of this court, there is no need for any
appraisal of the testimony of the only prosecution witness, Sgt. James Danbwan,
having failed to return to court for cross examination.
"The truth is that it is as though Danbwan never appeared before the court in
the first place.
"The learned trial judge was absolutely right for holding in his judgment of
Feb.14, 2011 that the evidence of PWI cannot be relied upon hence he was not
cross examined.
"The trial judge missed the point by a mile when he held in the same judgment
that the court could rely on the statement of the accused applicant which was
tendered through him without objection.
"It is common sensical that having rejected the package from Danbwan, it was
absolutely inappropriate to pick and or accept any item from rejected package",
Ogar submitted.
He further said that the law was unequivocally clear on the legal status of
expunged evidence, adding that once that happened, it no longer formed the part
of the records of the court.
"The trial judge, by his own judgment expunged the testimony of Principal
Witness I (Danbwan) from his records by holding that it cannot be relied upon",
Ogar argued.
He therefore, urged the appellate court to set aside the judgment of the trial
court by discharging the accused applicant.
According to him, the Federal Government has failed to prove the case beyond
reasonable doubt and should not have secured the death conviction.
Ogar also went ahead to raise a number of questions which included whether the
trial court could rely on confessional statement not properly admitted to
convict.
He further asked whether doubt in the testimony against an accused should be
ignored by trial court.
The Counsel to the appellant further sought the consideration of the court to
ascertain whether the respondent herein discharged its obligation of proof
beyond reasonable doubt in the trial court.
Mr Mohammed Labaran, Counsel to the Attorney-General of the Federation (AGF)
said the submissions advanced by Ogar were misplaced.
He argued that the decision of the trial was based on the accused persons'
confessional statement.
"Where confessional statement is admitted by the court without any challenge or
objection as in this case, it would amount to an after-thought for a defendant
to deny the making is such statement.
"Once admitted, the court can rely upon a confessional statement (Judicial and
extra-judicial) to convict an accused even without corroborative evidence
provided such confession is direct, positive and unequivocal as to the guilt of
the accused", he argued.
He therefore urged the court to affirm the sentence and conviction of the
accused applicant, adding that the trial court showed rare industry in arriving
at the decision.
The News Agency of Nigeria (NAN) reports that the applicant was arraigned at
the FCT High Court on May 23, 2002 on allegation of culpable homicide
punishable with death.
The accused, a 35-years-old Policeman of old No. 180, FHA, Kubwa, Abuja within
FCT did shoot and kill Shagari Haruna with his official rifle No. 47
No-KO-358303.
According to the Prosecution, the ex-police man committed an offence contrary
to Section 220 of the Penal Code and Punishable under Section 221 of the same
law.
In the proof of evidence filed by the prosecution, CSP Musa. M.Omika, Sgt. Sali
Ndotti and Mohammed Sulyman were listed as the supposed witnesses.
However, when the trial commenced on Feb. 27, 2006, the prosecution was only
able to call Danbwan as it witness.
(source: thenewsnigeria.com.ng)
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