April 24




IRAN----executions

4 Prisoners Executed in Northwestern Iran



4 prisoners were executed at Urmia Central Prison on murder charges.

According to a close source, on the morning of Monday, April 23, 4 prisoners were executed at Urmia Central Prison.

The prisoners, who were sentenced to death on murder charges, were identified as Tayyeb Sheikhnejad Moukeri from ward 4-3, Qader Mohammad Hassan from the mental ward, Yadollah Samadi from ward 10, and Eslam Rashidi from ward 2-1.

The execution of these prisoners has not been announced by the state-run media so far.

According to Iran Human Rights annual report on the death penalty, 240 of the 517 execution sentences in 2017 were implemented due to murder charges.

There is a lack of a classification of murder by degree in Iran which results in issuing a death sentence for any kind of murder regardless of intensity and intent.

(source: Iran Human Rights)

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Prisoner Known as "the Fake Postman" Scheduled to Be Executed



At least 1 prisoner, named Seyyed Iman Hosseini Moqaddam, was transferred to solitary confinement. The prisoner, who was referred to as "the fake postman," was sentenced to death on the charge of rape. However, the prisoner and his family believe that there is a political and economic reason for this charge.

According to a close source, on the morning of Sunday, April 22, at least one prisoner, named Seyyed Iman Hosseini Moqaddam, was transferred to the solitary confinement.

The prisoner, who was referred to by the media as "the fake postman," was sentenced to death on the charge of corruption on earth.

Last November, the official media reported that Hosseini Moqaddam's execution sentence was approved. After the verdict was accepted, the prisoner publically denied the accusations.

The prisoner's lawyer, Esmayil Ashkbus, told IHR, "I have no information regarding this. I'm going to the court to see what the matter is."

It should be noted that Esfandiar Rahim Mashaei, a close ally of former President Mahmoud Ahmadinejad and his Chief of Staff from 2009 to 2013, was in a gathering held by the prisoner's family in front of the Judiciary on November 27, 2017. The video of this gathering has been published by IHR.

An informed source said that about 6 prisoners have been transferred to solitary confinement, but IHR has not been able to verify this news.

Execution sentences are usually implemented on Wednesdays at Rajai Shahr Prison.

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12 Prisoners at Imminent Danger of Execution



At least 12 death row prisoners have been transferred to solitary confinement in Rajai Shahr prison of Karaj in preparation for execution. It is believed that their sentence will be implemented on Wednesday, May 5.

Iran Human Rights (IHR) warns against a new wave of execution in Iran. IHR's spokesperson Mahmood Amiry-Moghaddam said:" Iranian authorities use the death penalty to spread fear and counteract the growing movement of civil disobedience in Iran".

According to reports by IHR at least 15 people have been executed during the last 5 days.

Close sources have reported that at least 12 death row prisoners were transferred to solitary confinement in the Rajaishahr prison during Sunday and Monday, the 2nd and 3rd of May.

Among these people, an Afghan prisoner, Amir Khalili, was transferred from Ghezelhasar Prison and another prisoner, Amir Ahmadi, from KhorinPrison of Varamin (near Tehran).

Other names given to IHR include Jawad Sohrabi, Iman Hosseini Moghaddam, Ali Masoumi, Ahmad Fateh-Ahmadi, Amrullah Ajdar, Mohammad Reza Kharratha, all of whom from Rajaishahr Prison.

Except for Iman Hossein Moghaddam, who was sentenced to death on charges of corruption on earth due to sexual assault, a charge which he has denied, the death sentences for the remaining prisoners were issued on charges of murder.

As the executions in the Rajaishahr prison are carried out mostly on Wednesdays, there is a danger that the prisoners' death sentences will be carried out on Wednesday, April 25.

(source for both: Iran Human Rights)








VIETNAM:

Vietnam arrests Lao drug smuggler



Vietnam's border guards have recently detained a 62-year-old Lao man for smuggling and transporting 40 kg of methamphetamine, 120,000 pills of lab-made drugs and 2 cakes of heroin totaling some 885,000 U.S. dollars.

The man was detained at a Vietnam-Laos border area late last week, when he was preparing to transfer the drugs to a Vietnamese drug dealer, according to border guards of Vietnam's northern Son La province on Monday.

Increasingly bigger amounts of methamphetamine are being smuggled into Vietnam, because such kind of drug is being made in bigger volumes in the Golden Triangle at the borders of Laos, Thailand and Myanmar at lower prices, according to local border guards and police forces.

Selling prices of methamphetamine at the Golden Triangle currently stand at 200-250 million Vietnamese dong (8,800-11,000 U.S. dollars) per kilogram, posting a 3-fold decrease against some years ago.

According to Vietnamese law, those convicted of smuggling over 600 grams of heroin or more than 2.5 kg of methamphetamine are punishable by death. Making or trading 100 grams of heroin or 300 grams of other illegal drugs also faces death penalty.

(source: xinhuanet.com)








INDIA:

Reject Ordinance on Death Penalty for Rape----Death Penalty Is Cruel Populism; Instead, Reform Justice System, Ensure Protections



The Indian parliament should not adopt into law an ordinance which introduces capital punishment for those convicted of raping a girl under 12 years of age, Human Rights Watch said today. India should instead work towards abolishing the death penalty which is inherently cruel and irreversible, with little evidence that it serves as a deterrent.

The government passed the ordinance on April 21 following widespread protests after attempts by some leaders and supporters of the ruling Bharatiya Janata Party (BJP) to defend Hindu perpetrators of the abduction, ill-treatment, rape, and murder of an 8-year-old Muslim child in Jammu and Kashmir state. In Uttar Pradesh state, authorities not only failed to arrest a BJP legislator accused of raping a 17-year-old girl, but also allegedly beat her father to death in police custody.

"With this populist call for hangings, the government wants to cover up the fact that its supporters may have engaged in a hate crime," said Meenakshi Ganguly, South Asia director. "If the government is serious about dealing with violence against women and children, it will have to do the hard work of reforming the criminal justice system and ensure that perpetrators are not protected from prosecution by political patronage."

2 BJP ministers in Jammu and Kashmir state government joined an affiliated group called the Hindu Ekta Manch to protest the arrest of the accused in the horrific case in the state. The accused include a former government official and four police personnel. The ministers have since resigned.

Following the 2012 gang rape and death of Jyoti Singh Pandey, a medical student in Delhi, the Indian government enacted legal reforms to respond to sexual assault and rape. The Criminal Law (Amendment) Act, 2013, added new categories of offenses regarding violence against women and girls and made punishment more stringent, including death penalty for repeat offenders. Similarly, the Protection of Children against Sexual Offences Act, 2012, established guidelines for the police and courts to deal with victims sensitively and provided for the setting up of specialist child courts.

"There was hope that these measures would encourage more victims and their families to step forward, and result in more successful prosecutions," Ganguly said.

While the number of rape cases reported in 2016 increased by 56 % over 2012, there remains much to be done to change the way the justice system responds to victims.

In a November 2017 report, "Everyone Blames Me," Human Rights Watch found that survivors, particularly among marginalized communities, still find it difficult to register police complaints. They often suffer humiliation at police stations and hospitals, are still subjected to degrading tests by medical professionals, and feel intimidated and scared when the case reaches the courts. They face significant barriers when trying to obtain critical support services such as health care, counseling, and legal aid.

Although Indian law makes it mandatory for police officials to register rape complaints, Human Rights Watch found that police sometimes press the victim's family to "settle" or "compromise."

In cases of children, not only has the government not established effective oversight mechanisms that could help prevent child sexual abuse, but existing measures remain poorly implemented.

For women and girls with disabilities, who face a higher risk of sexual violence, the challenges are even greater, Human Rights Watch has found.

However, instead of fixing these structural barriers, the Indian government has expanded the use of capital punishment for rape. Now the parliament should ensure that this ordinance does not become part of permanent legislation.

The government's ordinance comes despite the fact that both a high-level government committee and India's Law Commission came out against the death penalty. Human Rights Watch opposes the use of the death penalty in all cases.

The new ordinance also increases minimum punishment for rape of girls and women. While the Protection of Children Against Sexual Offences Act covers sexual abuse against both girls and boys, the ordinance does not cover rape of boys.

For rape of women above 16 years of age, minimum punishment is increased from 7 years to 10 years in prison;

For rape of girls between 12 to 16 years of age, minimum punishment is now 20 years which may extend to life in prison;

For gang rape of girls between 12 to 16 years of age, minimum punishment is life in prison;

For rape of girls under 12 years of age, minimum punishment is 20 years in prison which may extend to life in prison or death penalty;

For gang rape of girls under 12 years of age, minimum punishment is life in prison or death penalty.

In India, according to the 2016 government data, out of 38,947 cases of rape reported by children and women, the accused was known to the victim in 94.6 % of the cases. In 630 cases, the accused was the victim's father, brother, grandfather, or son; in 1,087 cases, the accused was a close family member; in 2,174 cases the accused was a relative; and in 10,520 cases, the accused was a neighbor.

Rape is already underreported in India largely because of social stigma, victim-blaming, poor response by the criminal justice system, and lack of any national victim and witness protection law making them highly vulnerable to pressure from the accused as well as the police. Children are even more vulnerable due to pressure from family and society.

With this background, an increase in punishment, including the death penalty, may, in fact, lead to a decrease in reporting of such crimes.

"The Indian government has repeatedly said that it is committed to dealing with violence against women and children. But actions speak louder than words," Ganguly said. "The new amendments are ill-conceived and hasty. Protecting children requires a far more thoughtful approach and politicians need to summon the political will to deliver it."

(source: Human Rights Watch)

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India's death penalty for rapists of young girls could push them to kill



On Saturday India's government approved the death penalty for convicted rapists of girls under the age of 12, amid a groundswell of public outrage following the gang-rape and murder of an 8-year-old Muslim girl in Jammu and Kashmir state.

The shocking case involved a girl from the Bakarwal nomadic tribe, who was out grazing her horses when she was abducted, drugged and murdered after a week of torture and repeated rape. It led to a nationwide outcry for swifter justice.

However, the hastily issued executive order is facing criticism from activists and politicians, who say the death penalty, usually meted out for severe crimes in India, will not be a deterrent to child rapists without an overhaul of the criminal justice system.

"I am afraid this [executive order] has very little credibility because what is required is certainty of punishment," the leader of Communist Party of India (Marxist), Brinda Karat, told reporters.

According to the National Crime Records Bureau data from 2016, in 94.6% of cases, the perpetrator is known to the victim - usually a brother, father or someone from the family's social circle. Reporting rape in India's patriarchal family structure is often fraught with victim shaming and further alienation.

Child rights activists fear the introduction of the death penalty will make families more likely to cover up sexual crimes, and that rapists might kill their victims to avoid detection.

Critics are also concerned that the order, which was approved by Prime Minister Narendra Modi's cabinet on Saturday, makes no mention of boys. In a country where male children often grow up in an atmosphere that discourages them from showing vulnerability, experts say such a discriminatory legal provision will fail boys who have been sexually assaulted.

Unlike the current Protection of Children from Sexual Offences Act (Pocso) 2012, which is gender-neutral and defines any person under 18 as a child, the new ordinance will stop boys who have been sexually abused from seeking the same justice accorded to a girl of their age, says gay rights activist Harish Iyer.

"I principally stand against the death penalty. This discriminatory legislation implies what boys are taught growing up - that they have to be the protector and not the protected. Children are vulnerable to sexual assault, irrespective of gender," Iyer said.

A nationwide survey of crimes against children conducted by the ministry of women and child development in 2007 found that 1/2 of India's children had been sexually abused.

Iyer said the new executive order was a shortcut for an overhaul of a criminal justice system that often discriminates against the poor. "This is sexism of a different nature, it favours one gender. What about protection of intersex children? Unless the crime is female foeticide, which is specifically gender-oriented, this is a shortcut for real measures."

He said the government should prioritise fast-track courts, child-friendly police stations, and a national registry of sex offenders. The new law proposes stricter punishment for convicted rapists of children under 16 years of age. Its definition of the victims and proposed age limit has triggered a debate about categorising victims of the same crime.

"What's the explanation for death penalty for 'gang rape of children below 12 years'? The state is a man. Why else would the reproductive age of a girl be the determining factor for the kind of punishment meted out to the rapists?" journalist Kota Neelima wrote in a Facebook post.

In 2016 India recorded an alarmingly low conviction rate (18.9%) for crimes against women. In that year, of all the child rape cases that came before the courts under the Pocso, less than 3% ended in convictions.

An issue of such a grave nature should have had a public discourse with participation from civil society stakeholders. By its nature, an executive order can be announced by the president of India on recommendation from the federal cabinet and does not require consultation.

After the gang rape of Jyoti Singh in Delhi in 2012, India introduced tougher rape laws and launched fast-track courts, but the measures have not deterred violent sexual crimes.

In addition, homelessness and poverty increase the vulnerability of children to sexual predators as parents have to leave them on their own to go to work, making them easy targets.

In an election year, the ruling Bharatiya Janata Party (BJP) wants to be seen as proactive in taking strong steps to make India safer for women. However, it is implementation, the real challenge in India, that will determine its true intention.

(source: The Guardian)

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Hanging is the safest way of execution, Centre tells Supreme Court----Centre's statement came in reply to a Supreme Court direction which had asked it to find alternate ways to hanging for execution of death sentence.



Hanging is the safest way of executing a death sentence on a convict, Centre has told Supreme Court of India. Centre???s statement came in reply to a Supreme Court direction which had asked it to find alternate ways to hanging for execution of death sentence. The Centre also said that death by injection or shooting squad can be more barbaric. It also said capital punishment is awarded in rarest of rare cases and any attempt to make execution easier will dilute its effect as a deterrent.

After the reply, the apex court adjourned hearing in the plea seeking abolition of executing a death row convict by hanging. The bench of Justices AM Khanwilkar and DY Chandrachud said court can't say what should be the mode of carrying out a death sentence.

The top court's observation came in response to a Public Interest Litigation filed by Rishi Malhotra, a Supreme Court lawyer. In his plea, Malhotra had sought abolition of Section 354(5) of the Criminal Procedure Code, which states that when a person is sentenced to death, he shall be hanged by the neck till he is dead.

There has been only 2 execution by hanging in past 5 years - of Afzal Guru, the convict in 2001 Parliament attack, and Azmal Kasab, one of the 10 terrorists who executed 26/11 attack in Mumbai.

Earlier, an SC bench comprising Chief Justice Dipak Misra, Justices A M Khanwilkar and D Y Chandrachud had sought response within 3 weeks on the PIL. It had said that legislature could think of changing the law so that a convict, facing a death penalty, dies "in peace and not in pain".

Representing the Centre, Additional Solicitor General Pinky Anand said that government was still working on alternate methods. Anand told the Supreme Court that government had tested lethal injections, but it was not workable. "Lethal injections are not workable as there are instances of it failing," she said.

Earlier, Malhotra had argued that removal of the present mode of execution was also mentioned in 187th Report of the Law Commission. Referred to Article 21 (Right to Life), Malhotra said it also included the right of a condemned prisoner to have a dignified mode of execution.

Malhotra had mentioned lethal injection, shooting, electrocution or gas chamber as alternatives to hanging.

(source: financialexpress.com)

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Activists, parents of minor rape victims come out against death penalty, urge government to strengthen judiciary



Not just child right activists, even parents of minor victims today came out against the Union government's ordinance providing the death penalty to child rapists, saying it could lead to victims being killed by perpetrators.

At a programme in New Delhi, 3 parents, whose children were raped, urged the central government to instead strengthen the judicial mechanism to support the children, who have to deal with the crimes and struggle in their aftermath.

"My child was 3.5 years old when she was raped in her playschool days after the 2012 Nirbhaya gangrape case. She was still breast-feeding," a father, whose testimonial moved those present at the programme to tears, said.

"We sat in the police station with her from 9am to 9:30pm to register an FIR and she was asked where she was touched and how much pain she experienced. She was made to repeat her statement again and again for months. I want to ask everyone if I was wrong to ask for justice for my daughter," he said.

The Union Cabinet, two days ago, cleared the Criminal Law (Amendment) Ordinance 2018, which proposes stringent punishments, ranging from a minimum of 20 years to life term or death, for raping girls below the age of 12.

President Ram Nath Kovind has approved the ordinance.

The ordinance was brought after a nationwide outrage over cases of sexual assault and killing of minors in Kathua in Jammu and Kashmir, in Gujarat's Surat, and the rape of a girl in Unnao in Uttar Pradesh.

Child rights groups reiterated that the real deterrent in such cases is the implementation of the laws and the certainty of punishment, rather than the death penalty.

They said the ordinance was "reactionary, impractical in terms of procedural changes brought in and disproportionate with regards to sentencing.

"The move to bring in the ordinance was based on brutality and not on any understanding of the dynamics of incest and child abuse, which is of epidemic proportions in India and is taking place in our homes as a matter of daily routine," said Anuja Gupta of RAHI foundation, a centre for women survivors of incest and child sexual abuse.

She said in her 20 years of working with rape survivors, she realised they do not want to take the burden of punishment to the abuser, especially if the abuser is a family member.

In 94 % of cases the perpetrator is known to the victim and introducing the death penalty will further decrease reportage of these cases to the authorities, she feared.

A mother, whose child was raped by her husband - the child's father, said she does "not want him to be hanged".

"I want him to be alive, I want him to compensate us monetarily for the rest of his life so that I can bring up my children. Why should he hang and be free of his responsibilities? "I fear if the death penalty is introduced, children like mine would be raped and then killed, so that there remains no evidence.

As a mother, I appeal to the cops to be more sensitive, judges to be more patient and - above everything else - don't make us feel bad about seeking justice for our children," she said.

In 2017, activists said, a Women and Child Development Ministry report on child abuse said that 53.2 % of children admitted to having faced some form of sexual abuse. Yet this has not translated into FIRs and remains heavily unreported, they said.

Justice A P Shah, former Delhi High Court chief justice and former chairman of the Law Commission of India, said the remedy offered appears to be based on a wrong diagnosis.

"Not only is the enhancement of the punishment to include the death penalty futile, but will have disastrous consequences for children. I urge everyone to reject the ordinance and focus on reforming the criminal justice system," he said.

Advocate Vrinda Grover termed the ordinance "legal populism" and said the government should instead address why the conviction rates are low in cases of sexual violence against children.

The activists said while the ordinance spoke about special courts, special prosecutors, India has one judge for every million of its population.

The pendancy in Protection of Children from Sexual Offences (POCSO) Act cases is 89 % and the conviction rate is around 28 %, they said.

Bharti Ali of HAQ centre for Child Rights said children are often exposed to the accused and aggressive questioning of the victims persist in courts and these are the aspects - along with plugging the gaps in the judiciary - that should be the focus of the government.

"For months we had to sleep without a fan in the blistering heat of Delhi because our daughter feared it. She feared she would be hanged from it. She cried everytime she saw a fan. While being raped, she had been threatened of being hung from a fan if she said anything. Will hanging her accused bring her justice," the father asked.

(source: The New Indian Express)

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Reject death penalty ordinance: activists----Slam populism over systemic reform



Jurists, social activists and families of child rape survivors have urged parliamentarians to reject the ordinance on death penalty for rape of girls below 12 years and condemned it as a "populist move" which will prove "disastrous" for the safety of children.

Pointing out that the punishment prescribed for rape of children below 12 years under the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act is "stringent, sufficient and proportionate", they said the focus should be on reform of the criminal justice system so that trials can be completed in a time-bound manner and perpetrators do not walk free.

President Ram Nath Kovind promulgated the Ordinance on Sunday, which will have to be ratified by Parliament within 6 weeks.

'Diverts attention'

"Death penalty diverts attention from problems ailing the criminal justice system such as poor investigation, lack of crime prevention and abuse of rights of victims," said former Chief Justice of Delhi High Court A.P. Shah at a press conference on Monday.

He referred to the poor conviction rate of 24% for cases under the POCSO Act and a high pendency of 89.6% and said there was a need to address these flaws.

"I appeal to all MPs to reject this law as it will cause a considerable harm to children. It is more of a political decision rather than a step to fight the menace of sexual violence against children," Justice Shah said.

Lawyer Vrinda Grover said the provision of fast track courts in the Ordinance is misleading as there are not enough judges. Without investing in more judges it will be impossible to finish trials in two months, as laid down in the Ordinance, she said.

(source: The Hindu)

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Was there scientific assessment that death penalty is deterrent to rape, HC asks Centre----Under the new Ordinance, minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.



The Delhi High Court asked the Centre on Monday if it had done any research or scientific assessment before coming out with an Ordinance to award death penalty for rape of girls below the age of 12.

The high court was dealing with an old PIL that challenged the Criminal Law (Amendment) Act of 2013, in which a penal provision - minimum of 7 years of jail term - for a rape convict was included and the court's discretion to award less than that was taken away.

"Did you carry out any study, any scientific assessment that death penalty is a deterrent to rape? Have you thought of the consequences to the victim? How many offenders would allow their victims to survive now that rape and murder have the same punishment," a Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar asked the government.

The Union Cabinet, 2 days ago, cleared the Criminal Law (Amendment) Ordinance 2018, which proposes stringent punishments, ranging from a minimum of 20 years to life term or death, for rape of girls under the age of 12 years.

If the victim is less than 16 years and more than 12 years, the ordinance has increased the minimum punishment from 10 years to 20 years and the maximum has been set at imprisonment for the rest of the convict's life.

The Centre's decision came in the wake of a nationwide outrage over cases of sexual assault and murder of minors in Kathua in Jammu and Kashmir and Surat in Gujarat, and the rape of a girl in Unnao in Uttar Pradesh.

The high court today said the government was "not even looking at the root cause" or "educating people" as the offenders are often found to be below the age of 18 years and in majority of the cases, the perpetrator is someone from the family or known to them.

It further questioned whether any victims were asked what they want before coming out with the Ordinance.

The observations came after the Bench was informed about the recent Ordinance during the hearing of a PIL which seeks to strike down the amendments made in the rape law after the December 16, 2012, gangrape of a 23-year-old woman in the National Capital.

The plea by academician Madhu Purnima Kishwar has claimed that the amendments to the law related to sexual offences is being abused in practice.

Under the new Ordinance, minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.

President Ram Nath Kovind has approved the ordinance for changes in the Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act.

(source: tribuneindia.com)








THAILAND:

iPhone killers' death sentences commuted to life



The Appeal Court on Tuesday sentenced 2 men to life in prison, reducing the Criminal Court's death penalty, for killing a man to steal his 26,000-baht iPhone in Lat Phrao district, Bangkok, early last year.

Kittikorn Wikaha, 27, of Sa Kaeo province, and Supatchai Charnsri, 26, of Uthai Thani province, were convicted and sentenced to death for the murder of Wasin Luengjaem, 26, and theft of his iPhone 6 on Sukhonthasawat Road on the night of Jan 4 last year.

The Appeal Court ruled that the two men had consistently confessed during police interrogation and their court trial, and also admitted to their crime when speaking to news reporters. That showed their repentance, which justified the commuted sentences.

Niraporn Luengjaem, the victim's mother, said she had recovered from the loss and held no more grudges. She asked the authorities to take good care of the 2 inmates so they could improve themselves and not repeat their crime. She would not appeal the sentences to the Supreme Court.

In May last year the Criminal Court handed them both the death sentence, reasoning they had no option but to confess because a surveillance camera had caught them in the act.

The court also said it was unlikely the 2 men would reform their behaviour, because they had committed numerous crimes in the past.

The men were charged with theft causing death, carrying a weapon in a public place, and murder to conceal a crime.

The security camera footage showed Wasin being attacked by the 2 men, who approached him on a motorcycle while he was on the footpath and using his phone.

(source: Bangkok Post)
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