April 2
MONGOLIA:
Mongolia wants to reintroduce capital punishment
President of Mongolia Khaltmaa Battulga intends to initiate draft amendments to
the Criminal Code of Mongolia reinstating the capital punishment, Montsame
state news agency reported.
The President seeks to introduce death sentence for crimes against children and
submit the bill to the Parliament during its spring session, which convenes
this week.
"298 cases of child sexual abuse were registered last year alone. The victims'
age is between 2-7. Appalling child molestation cases have shocked the society,
which is now demanding more action from the Government," G.Uyanga, Civil
Society and Human Rights Advisor to the President, said at a press conference.
Last November, President Battulga sent an official letter to the Ministry of
Justice and Home Affairs proposing to reinstate capital punishment. According
to the Advisor, the Ministry hasn't formally responded to the letter. "However,
it was reported last week that a conclusion had been made by a working group in
charge, led by Deputy Minister of Justice and Home Affairs B.Enkhbayar, that it
wasn't possible to restore capital punishment," she said.
Mongolia put moratorium on capital punishment in 2012. The Parliament of
Mongolia adopted a revision to the Criminal Code in 2015, which came to effect
on July 1, 2017. Capital punishment was formally removed in the revised
Criminal Code.
The Law of Mongolia on Legislation states that the public can add their
suggestions to a draft bill for the time period of one month. "The public
survey begins today. I am sure many people will take active part in the
process," said G.Uyanga.
R.Bulgamaa, Non-staff Advisor of Legal Policy to the President, emphasized that
the President's proposal doesn't imply full restoration of capital punishment
in Mongolia, and that only child abusers would be subject to death penalty.
Before 2010, death penalty was given for 6 offenses in Mongolia.
Advisor G.Uyanga reminded of a fact that Mongolia abolished death penalty in
1953, but had to restore it after 10 months in response to increased incidence
of crimes.
Thousands of Mongolians protested in front of parliament in Ulaanbaatar on
Saturday to demand more action to prevent child abuse, after the
widely-reported rape of a male infant shocked the country, Reuters reported.
After the reported rape earlier this month in Dornogobi province in Mongolia's
southeast, a group of concerned mothers created a Facebook group announcing the
Saturday protest last week, and it quickly reached more than 400,000 members.
(source: AKI Press)
PAKISTAN:
COAS endorses death sentence of two terrorists involved in Amjad Sabri's murder
Chief of Army Staff (COAS) General Qamar Javed Bajwa on Monday confirmed the
death sentence for the terrorists involved in the murder of famed Qawwal Amjad
Fareed Sabri, said a statement by the Inter-Services Public Relations (ISPR) on
Monday.
The army chief confirmed capital punishment for 10 "hardcore terrorists" and
imprisonment to 5 others.
The convicts were involved in heinous offences related to terrorism, resulting
in the death of at least 62 people including 5 children, 11 police officials
and 46 Frontier Constabulary or armed forces personnel, according to the press
release.
Members of a proscribed organization, Muhammad Ishaq and Muhammad, confessed to
their involvement in the killing of Sabri and attacks on Law Enforcement
Agencies resulting in the martyrdom of 17 officials. They were also found in
possession of fire-arms and explosives.
Fearing for life, Sabri's family to leave Pakistan
One of the attackers, Muhammad Arish Khan, has been convicted for the attack on
the Pearl Continental Hotel in Peshawar that killed 4 civilians. Muhammad
Rafique and Habibur Rehman, also members of a proscribed organization, were
awarded death sentenced for separate lethal attacks on LEA officials.
All 3 confessed the offence before a judicial magistrate of a trial court.
Muhammad Fayyaz, Ismail Shah, Fazal Muhammad, Ali and Habibullah were all given
capital punishment for attacks on armed forces and personnel of LEAs.
Renowned Qawwal Amjad Sabri shot dead
Acclaimed Sufi singer and qawwali maestro Sabri was shot dead by
motorcycle-borne gunmen in a central Karachi neighbourhood on June 22, 2016,
triggering an outpouring of grief nationwide.
The 45-year-old was travelling from his home to a television studio for an
iftar transmission, when a motorcycle pulled up alongside his white coloured
Honda Civic and the 2 riders opened fire, according to police.
(source: tribune.com.pk)
***************
Brit facing the noose in Pakistan after 2kg of heroin 'found in his
shoes'----Assif Khan, 37, was arrested at Benazir Bhutto International Airport
in Islamabad amid claims he had the drug stashed in his shoe
A Brit could face the death penalty after allegedly trying to smuggle 1.75kg of
heroin to the UK from Pakistan yesterday.
Assif Khan, 37, was arrested at Benazir Bhutto International Airport in
Islamabad amid claims he had the drug stashed in his shoe.
He was attempting to get on an flight from the capital to Heathrow.
Pakistan's airport security force swooped on the Londoner and handed him over
to the anti- narcotics force.
Smuggling more than 1kg of drugs can earn you death by hanging under Pakistan
law.
(source: thesun.co.uk)
INDIA:
SC seeks reply of 10 states on rights violation of death row convicts
The Supreme Court has sought response from Director-Generals of Police
(Prisons) of ten states on the issue of alleged violation of human rights of
prisoners awarded death sentence.
The DGPs (Prisons) have been also asked to reply on the issue of solitary
confinement, legal representation, visitation rights of prisoners??? families
and psychiatric consultation of death row convicts.
A Bench of Justices M B Lokur and Deepak Gupta asked DGP (prisons) of ten
states to reply to the letter of Amicus Curiae advocate Gaurav Agarwal, who has
raised the issue of alleged violation of prison manual and human rights of
death row prisoners.
"We would require the Director-General (Prisons) to respond to the
communication sent by amicus curiae since it concerns human rights of prisoners
who are in custody and who have been awarded death sentence," the bench said.
The ten states include Andhra Pradesh, Maharashtra, Tamil Nadu, West Bengal,
Punjab, Delhi, Goa, Madhya Pradesh, Assam and Bihar.
The Bench sought the replies of DGP (Prisons) by May 8.
Agarwal has written a letter to officials of ten states after Dr. Anup
Surendranath, an assistant professor at National Law University at Delhi moved
the apex court with an interlocutory application seeking intervention on the
alleged violation of rights of prisoners.
He had raised various concerns about violation of certain provisions of State
prison manuals and human rights of prisoners especially, those have been
awarded death penalty.
As a follow up to Dr. Surendranath's application, Agarwal wrote to DGP
(Prisons) of ten states on March 13, seeking their responses on issues
concerned.
The apex court had voiced concern on the issue of overcrowding of prisons
across the country, saying prisoners have human rights and they can't be kept
like animals.
It had termed the situation as "extremely unfortunate" and said it is was
"complete lack of commitment" on part of state government and union territories
towards human rights of prisoners.
The top court is hearing a matter relating to inhuman conditions prevailing in
1,382 prisons across the country.
The apex court had on February 21 asked the National Legal Services Authority
(NALSA) to look into the issue of overcrowding of prisons and furnish figures
before it regarding the population in jails where occupancy was over 150 % as
on December 31 last year.
It had earlier expressed shock at the large number of people languishing in
jails in "complete violation" of their rights despite recommendations for their
release by the legal services authority and had termed the situation as
unacceptable.
(source: tribuneindia.com)
KUWAIT:
Joanna Demafelis killers get death penalty
A Kuwaiti court yesterday sentenced in absentia the Lebanese man and his Syrian
wife to death by hanging over the murder of Filipina maid Joanna Demafelis.
The court issued the sentence during the first hearing in the case of
Demafelis, the 29-year-old maid whose body was found in a freezer in Kuwait
earlier this year.
The sentencing can still be appealed if the couple returns to Kuwait, a
judicial source said.
The Demafelis murder triggered a diplomatic crisis between Kuwait and the
Philippines, prompting Manila to impose a departure ban for its citizens
planning to work in the Gulf state.
The Lebanese-Syrian couple was arrested in February in the Syrian capital
Damascus following an Interpol manhunt.
Syrian authorities handed over to Lebanese authorities the husband, Nader Essam
Assaf, while his Syrian wife remained in custody in Damascus.
An estimated 252,000 Filipinos work in Kuwait and depend on remittances to help
their families back home.
About 10 million Filipinos work overseas and their treatment abroad is often a
political issue at home.
Rights groups have raised alarm over the plight of workers in the Gulf and
other Arab countries, where migrant labor is regulated under a system known as
"kafala," tying migrant workers??? visas to their employers and prohibiting
workers from leaving or changing jobs without prior consent.
The Overseas Workers Welfare Administration (OWWA) reported that at least 196
Filipinos had died in Kuwait in the last two years, mostly for unspecified
medical reasons but also four who committed suicide.
The sheer number of Filipino workers abroad makes monitoring their wellbeing an
overwhelming task.
That is often complicated by workers not having proper travel and work
documents, such as in Kuwait, where nearly 11,000 Filipino workers are in the
country illegally or are not properly authorized.
As this developed, the Department of Foreign Affairs (DFA) called on
undocumented Filipino workers in Kuwait to register for their repatriation
until April 12.
The DFA issued the deadline after the Philippine embassy reported a drop in the
number of undocumented Filipino workers registering for repatriation after
Kuwait announced a 2-month extension up to April 22.
"Our kababayans in Kuwait must realize that we cannot do things overnight and
they should not wait until the last minute before they sign up for
repatriation," Foreign Affairs Undersecretary for Migrant Workers Affairs Sarah
Lou Arriola said.
The DFA said a total of 3,668 Filipinos have been flown home since Feb. 11 when
the Philippine embassy started repatriating undocumented workers who had
availed themselves of Kuwait's amnesty program.
Arriola said the DFA is concerned about the more than 6,000 undocumented
workers who still have not signed up for repatriation and whom the embassy
believes would register only during the last few days before the amnesty
deadline.
Ambassador to Kuwait Renato Villa echoed the appeal, saying undocumented
workers should register as soon as possible so they could be immediately be
flown home.
"It takes at least 10 days to process the documents of our kababayans and get
the necessary clearances from Kuwaiti authorities before we can put them on the
plane to Manila," Villa pointed out.
Since Kuwait announced a 2-month extension to their amnesty for overstaying
foreign workers, Villa said the number of Filipinos registering themselves with
the embassy has gone down.
"Filipinos always want to do things at the last minute but in this case, we
cannot be expected to handle a deluge of applications especially during the
last few days of the amnesty period," Villa added.
"We are appealing to our kababayans to go to the embassy as soon as possible
and get themselves registered," he said. "We want to make sure no one is left
behind."
(source: philstar.com)
IRAN:
Killing by Qassameh in Iran: "They Didn't Listen to the Witness"----In the
police station in Fasa, a 15-year-old boy was tortured in front of the next of
kin, and the court relies on a confession extracted like this and sentences him
to death!
Saleh was tortured to confess a crime; he was sentenced to death in spite of
being a minor, without having any firm evidence. The court relied on oath that
was taken by 50 relatives of the victim who didn't even know the defendant but
claimed that he was the murderer.
In April 2012, Saleh went to a farm with his father when he was nearly 16. He
was standing near a well where one of the workers fell and died.
Saleh Shari'ati's Lawyer, Abdorrasoul Jahankhah, told IHR that the plaintiffs
first filed a lawsuit against the well's owner. But later Saleh was arrested
and tortured to confess he is the murderer.
Because there was no evidence proving his guilt, the judge ordered Qassameh
which means that 50 of victim's relatives should take an oath saying they
believe that the Saleh was the murderer. The forensic reports didn't reveal any
evidence proving any conflicts between the victim and anyone else. Abdorrasoul
Jahankhah pointed out that 3 people testified that Saleh didn't murder the
victim, but the judge didn't pay attention to their testimony.
Qassameh: "an Oath to Kill"
Article 340 of the Islamic Penal Code states "It is not necessary for oath
taker to be the witness to the crime and his knowledge of his oath is
sufficient. Moreover, it is not necessary for the judge to know the source of
the oath taker's knowledge and the oath taker's claim is valid unless it is
proven otherwise." The Supreme Court had earlier rejected the verdict, but
after a rehearing, the death sentence was issued again. Saleh Shari'ati's
Lawyer stated that he has appealed against the latest verdict.
IHR's interview with Saleh Shari'ati's Lawyer, Abdorrasoul Jahankhah:
Was Saleh Shari'ati sentenced to death through Qassameh?
Yes, the ruling was issued 2 or 3 times. It is not final yet. I have enough
evidence. I mean, there was an eyewitness where the victim fell. Besides, Saleh
was only 16. But, unfortunately, the first court reached a verdict under the
influence of the victim's next of kin and they got carried away.
The case will be processed by the Supreme Court again.
How many times has Mr. Shari'ati been sentenced to death so far?
It's the 3rd time.
Do you mean that the Supreme Court has rejected the verdict 2 times?
Yes! It must be rejected because the defendant is not a murderer. Besides, the
defendant was a minor and he wasn't mentally mature at the time of the incident
regardless of whether he was guilty or not. Unfortunately, the court didn't
listen to the testimonies. Nevertheless, we have evidence proving the defendant
innocent.
3 eyewitnesses saw that the victim fell down the well while washing his head.
First, the plaintiffs filed a lawsuit against the owner of the well, but after
a few months, they file a lawsuit against Saleh. I explained all of this in his
case thoroughly.
Why doesn't the court accept the testimony of the 3 witnesses?
They just don't! They just performed Qassameh. 40 of the people who took an
oath didn't even qualify for it. Our law, states that in Qassameh the relatives
[of the victim] should take an oath. This law doesn't specify the relationship
of the relative to the victim.
We have eyewitnesses and a forensic report. There was no conflict or fight.
Their point is invalid.
In the police station in Fasa, a 15-year-old boy was tortured in front of the
next of kin, and the court relies on a confession extracted like this and
sentences him to death!
We hope that the Supreme Court judges study the case patiently and reject the
verdict. In cases like this where the verdict is issued based on emotions,
there should be a judge who can process the situation objectively.
Was Saleh Shari'ati sent to the forensics to assess his mental maturity?
Yes, he was! But the forensic physicians are afraid to lose their jobs, so they
don't report the truth.
The medical commission reports a fully mentally mature person as "immature" or
someone who is obviously extremely sick as "able to withstand imprisonment".
The forensic physicians have approved Saleh's maturity. We objected it and
asked the medical commission to explain it legally. We don't know who to turn
to. What should we tell our clients?
(source: Iran Human Rights)
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