March 3
IRAN:
Teenager At The Verge of Execution
A teenager who has committed murder is at the verge of execution, his lawyer
has warned.
"My client was 15 when the murder happened," Kalhori's attorney, Hassan
Aghakhani, told New York based Center for Human Rights in Iran (CHRI).
"According to the medical examiner's opinion, his action was not based on
reason or logic and he was lacking mental development," he added. "His adviser
in the juvenile reform center also says that he didn't have the mental ability
to understand his action."
"The case of Mohammad Kalhori is extremely concerning because Iran has yet
again issued a death sentence to a person who was convicted as a juvenile in
violation of international and UN standards," said Hadi Ghaemi, CHRI's
executive director, "It also highlights the Iranian Judiciary's lack of
independence."
Mohammad Kalhori stabbed his physics teacher, Mohsen Khashkhasi in the
classroom on November 22, 2014.
The primary court sentenced Kalhori to 7 years and paying blood money to the
victim's family.
"But the victim's family appealed the decision [in September 2016] and Branch
31 of the Supreme Court struck down the ruling and ordered a new trial, which
resulted in a death sentence against my client without regard to Article 91 of
the Islamic Penal Code," Aghakhani affirmed.
Article 91 of Iran's Islamic Penal Code stipulate that "If adolescents under 18
do not realize the nature of the crime committed or its prohibition, or if
there is uncertainty about their full mental development, according to their
age" they can be spared the death penalty.
The teenagers lawyer believes that his client is falling victim to the
intervention from outside the court.
"We lodged an appeal and made 2 requests [in June and October 2017] for a
judicial review by Branch 33 of the Supreme Court presided by Judge Mohammad
Niazi," Aghaghani affirmed, adding, "But [Judge Niazi] believes in retribution.
When it was time to consider our appeal, unfortunately there was a letter from
a deputy education minister and 2 letters from Alaeddin Boroujerdi, who is the
member of Parliament from Boroujerd [the city where the murder was committed]
and chairman of the Parliamentary Committee for National Security and Foreign
Policy, requesting that the judge to look after the victim, not the murderer."
Furthermore, Aghhakhani told CHRI, "When it was determined that my client did
not have sufficient mental development, we did not expect the political and
security officials to get involved. This kid could have been saved if the law
followed a normal course, without the court being influenced by the political
climate, but unfortunately they interfered in this case."
In February 2018, the UN rights chief urged Iran to halt executions of
juveniles on death row.
"The execution of juvenile offenders is unequivocally prohibited under
international law, regardless of the circumstances and nature of the crime
committed," the UN high commissioner for human rights, Zeid Ra'ad Al Hussein,
said in a news release on February 16.
According to the Office of the UN High Commissioner for Human Rights (OHCHR),
in January 2018, 3 people - 2 males and 1 female - were executed in Iran for
crimes they committed when they were 15 or 16 years old. A 4th juvenile
offender, who was believed to be on the point of being executed on February 14,
has reportedly received a temporary reprieve of 2 months.
The UN rights chief also noted that several other juvenile offenders are also
believed to be in danger of imminent execution, with a total of some 80 such
individuals reported to be currently on death row in Iran, after being
sentenced to death for crimes they committed when they were under 18.
"Iran should immediately comply with explicit international norms and standards
regarding the rights of children and halt the death sentence against Mohammad
Kalhori and all juvenile defendants," said Ghaemi.
(source: radiofarda.com)
BANGLADESH:
4 Rohingya Sentenced to Death for Deadly 2016 Attack in Rakhine
4 Rohingya involved in an attack on a police outpost in northern Rakhine State
in October 2016 were sentenced to death on Friday by a special court in the
state's Maungdaw District.
The 4 were among 30 people found guilty of involvement in an attack on Nga
Khura Police outpost in northern Maungdaw Township on Oct. 9, 2016 that killed
2 security officials. The other 26 convicts earned prison sentences ranging
from 10 to 20 years. Another 15 suspects were released, according to Deputy
District Judge U Nyo Lwin Oo.
"The court sentences the 4 to death for the crime of homicide," said the deputy
judge, adding that the 45 people were initially charged under articles 303,
326, 33 and 34 of the Penal Code.
Separately, another 34 Rohingya accused of involvement in the attack were
sentenced to 18 years' imprisonment each on Wednesday.
The deputy judge said hearings in the cases of another 294 Rohingya were under
way at the special court and verdicts would be announced soon.
Additionally, 76 Rohingya villagers accused of involvement in a series of
attacks on security outposts on Aug. 25, 2017 have been charged with committing
acts of terrorism, according to the Rakhine State Attorney General's Office.
The Arakan Rohingya Salvation Army, which has been denounced by the government
as a terrorist organization, claimed responsibility for the attacks, which
killed 11 security members.
"Since it has been declared a terrorist organization, anyone arrested in
relation to the attacks was charged with terrorism," said Rakhine State
Attorney General U Kyaw Hla Tun.
Maungdaw District Court also declared as fugitives 509 Rohingya accused of
involvement in the attacks but who are not in custody.
(source: The Irrawaddy)
SINGAPORE:
Parliament: No need for 3 judges to hear trials involving death penalty: Law
Minister----Under the current system, every capital case will be given a second
look by the apex court, which comprises at least three judges, Law Minister K.
Shanmugam said in Parliament on March 2, 2018.
There is no need for cases involving the death penalty to be tried by a court
of 3 judges, Law Minister K. Shanmugam said in Parliament on Friday (March 2).
He said that under the current system, every capital case will be given a 2nd
look by the apex court, which comprises at least 3 judges.
In his speech, Mr Shanmugam also announced that claim limits in the Small
Claims Tribunal will be raised this year.
During the debate on the budget for the Law Ministry (MinLaw), MP Christopher
de Souza (Holland-Bukit Timah GRC) asked whether Singapore should have a system
where 3 judges sit in trials for capital cases.
Mr de Souza asked if the ministry would be open to studying whether it would be
beneficial for the criminal justice system as a whole for capital cases to be
heard by 3 High Court judges.
Mr Shanmugam replied: "We haven't yet seen a need to review this. But it does
not mean no."
He told the House that since 2012, if a person is sentenced to death and
chooses not to appeal, a confirmation hearing must still be held by the Court
of Appeal.
"That ensures that the imposition of the capital punishment is always reviewed
by the apex court of at least three judges. So there is already a 2-level
process with at least three Judges of Appeal looking at the matter," said Mr
Shanmugam.
Another MP, Mr Patrick Tay (West Coast GRC), said he hoped MinLaw would
seriously look into reviewing the jurisdiction of the Small Claims Tribunals
(SCT) so that more people can have economical and expedient orders and judgment
to their contractual claims.
Currently, the tribunals hear claims of up to $10,000. This limit can be raised
to $20,000 by consent from both parties.
Mr Tay, who has raised the issue in Parliament previously, said many
professional freelancers who are on a contract for service use the SCT when
they are not paid for work rendered.
A raising of the claims limits will be a boon for claimants and freelance
workers alike, he said.
Responding, Mr Shanmugam said amendments will be introduced this year to allow
claims of a higher value.
He said it is hoped that this would allow claims at the tribunals to be
resolved in a quick and cost-effective manner.
(source: straitstimes.com)
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