May 4
MALAWI:
Catholic priest among 11 charged for killing man with albinism in Malawi
A Catholic priest, police officer, and a medical officer are among 11 people
facing charges for the murder of a man living with albinism in Malawi, police
spokesman James Kadadzera said.
The latest murder of a man with albinism in Malawi - the 22nd in 4 years - has
sparked calls for their killers to be executed to deter a wave of attacks in
the poor southern African nation.
Police said the dismembered corpse of 22-year-old McDonald Masambuka was found
buried in southern Malawi several weeks after he went missing in March.
Information minister Nicholas Dausi said international rights groups and donors
were preventing the government from using the death penalty to deter such
crimes in Malawi, where people with albinism are hunted down for their body
parts.
"They are stopping us from enforcing capital punishment," Dausi was quoted by
local media as saying at Masambuka's funeral last month. "Yet in their
countries they execute murderers. Is this fair?"
Malawi is one of the most dangerous countries in the world for people with
albinism - a lack of pigmentation in the skin, hair and eyes - who are targeted
so that their body parts can be used in magical potions and other ritual
practices.
The United Nations' top expert on albinism has said people with the condition
risk "extinction" in Malawi due to relentless attacks fuelled by superstitions.
President Peter Mutharika has since said Malawi should have an "honest debate"
about whether to apply the death sentence to those found guilty of murdering
people with albinism.
Malawi suspended capital punishment more than 20 years ago as it embraced
democratic reforms. Although the death penalty still exists in law, it has been
declared unconstitutional.
Murders
But rights groups said the focus on the death penalty was misplaced and the
government should step up its efforts to investigate unsolved murders and
protect people with albinism.
"We never have any experience where the death penalty has been successful as a
deterrent," said Overstone Kondowe, head of the Association of People with
Albinism in Malawi (APAM), which helps about 3,400 people with the condition.
It has recorded 146 attacks in Malawi since 2014. About one in 20,000 people
worldwide have the congenital disorder, with higher rates in sub-Saharan
Africa.
Only 5 of 22 murders reported since 2014 are in court, said Kondowe, with 17
unsolved.
"We don't have even have a suspect and nobody has been prosecuted," he said of
the 17 cases, adding that the police should reopen them now that they have
better equipment.
"We didn't have facilities of DNA testing to help with the investigation, so
we're seeking that because the current capacity can help to shed light on who
was responsible."
Rights groups called on the government to establish a commission of inquiry to
find out who is behind the attacks, amid claims that they are organised by
criminal gangs.
"There is a green light with the recent case where we have seen high profile
people involved," said Timothy Mtambo, who heads the Centre for Human Rights
and Rehabilitation, a charity.
"We believe a good investigation can open up our windows as to who is behind
the trade ... We would be able to say we have unveiled the market and done
(away) with the roots."
Mtambo also echoed a UN's call on the government to implement its own plan to
strengthen protection measures, including buying sturdy locks for poor families
at risk of attack, and for public education to eradicate superstitions.
"It should invest in preventative measures, not 'curing' the problem," he said.
"It needs to understand where we have people with albinism, which can help in
drawing security plans. Currently, there is no proper programme."
(source: brinkwire.com)
INDIA:
Death penalty cold-blooded killing in name of justice: Nirbhaya rapists to SC
4 of the men who gangraped and tortured a paramedic student from Delhi on a
moving bus in December 16, 2012, leaving the nation in shock and rage, asked
the Supreme Court to spare them the death sentence as it was "cold-blooded
killing in the name of Justice."
As the court reserved its verdict, there was no decision on Friday on the
convicts' petition challenging their death sentence.
The Supreme Court on Friday reserved its verdict on the plea of 2 condemned
convicts -- Vinay Sharma and Pawan Gupta -- who argued that they are "young and
from poor families". The argument was rebutted by the public prosecutor.
Pleading for mercy the 2 convicts urged the apex court to commute their capital
punishment into one of life imprisonment.
They were seeking a review of the 2017 verdict by which they, along with 2
others, were awarded death penalty in the sensational December 2012 gangrape
cum murder case.
The lawyer of the convicts, AP Singh claimed they were "not habitual offenders
and have no criminal records, so the court must allow them to be reformed."
Singh also said the death penalty has been abolished in many countries.
Execution kills criminals and not the crime, he argued. He also claimed his
clients were underage when they were arrested.
Chief Justice of India Dipak Misra said, "Death penalty exists in the statute."
The convicts told the Supreme Court that there were discrepancies in Nirbhaya's
dying statements and she didn't name the accused.
Special Public Prosecutor Sidharth Luthra countered that all their arguments
had been considered by the Supreme Court when it confirmed death sentence in
May 2017.
The convicts had challenged the Delhi High Court order which had sentenced them
to the gallows, after terming the December 16 incident as a "rarest of the
rare" case.
Earlier, the trial court had also sentenced all the four convicts to the death
penalty.
The paramedic student was gangraped on the intervening night of December 16-17,
2012 inside a moving bus in South Delhi by 6 people and severely assaulted
before being thrown out on streets naked. The girl died of her injuries on
December 29, 2012 at Mount Elizabeth Hospital in Singapore.
The incident led to big changes to laws on sexual crimes against women.
Another accused in the case, bus driver Ram Singh, had committed suicide in
Tihar Jail, while a convicted juvenile, just days short of 18 he committed the
crime, was sent to juvenile home. He has come out of the reformation home after
serving a 3-year term.
The victim, who died after battling for life for 16 days in hospital, came to
be known as "Nirbhaya" or fearless. Her parents have said that all the rapists,
including the youngest, should be hanged at the earliest.
(source; Deccan Chronicle)
NEPAL:
Down with the death penalty----Reintroduction of the death penalty would be a
regressive step for the criminal justice system of Nepal
The death penalty is never the answer. Seeking justice through revenge can
never serve as justice in the realest sense. Injustice to one cannot bring
justice to another.
On April 21, 2018, India's cabinet passed the Criminal Law (Amendment)
Ordinance, 2018. One of the main amendments proposed in the ordinance was the
insertion of a new provision, Section 376AB, in the Indian Penal Code which
prescribes a death penalty to offenders convicted of raping a minor under the
age of 12. Many have welcomed the government's decision to exercise stringent
punishment. This decision was primarily in response to widespread public
outrage against the increasing incidents of rape, among others.
In Nepal too, in the wake of an increase in the reported incidents of rape,
members of the public, activists and law makers have been putting forth similar
demands to enact laws that allow for capital punishment against perpetrators of
rape. Recently, in a State Assembly meeting of Province 3 that was held in
Hetauda, members of the assembly demanded that death sentences be levelled
against those guilty of rape. This is a clear indication of the public support
for capital punishment when it comes to heinous crimes such as rape. According
to popular opinion, if perpetrators are given a death sentence, then justice
will be served and the occurrence of heinous crimes will decrease.
A pertinent question here is whether or not prescribing a death penalty to the
perpetrators of such heinous crimes acts as deterrence, thus resulting in crime
reduction. Is death penalty really the solution to combat such crimes?
The practice of capital punishment is guided by the retributive principle of
"an eye for an eye and a tooth for a tooth." An analysis by the United Nations
Commission on Human Rights concluded that "capital punishment does not deter
crime to a greater extent in comparison to the threat and application of the
supposedly lesser punishment of life imprisonment." As Amnesty International
puts it, "the death penalty violates the most fundamental human right - the
right to life. It is the ultimate cruel, inhuman and degrading punishment
carried out in the name of justice." It has to be understood that the death
penalty, irrespective of the nature of the crime, characteristics of the
offender, or the method used to prosecute, is a cruel and inhumane act.
Where do we stand?
In Nepal, following legal reforms in 1946, the death penalty was partially
abolished for ordinary crimes. It was reinstated in 1985 for the offences of
homicide and terrorism. The death penalty was completely abolished in Nepal
only after the constitutional provision of 1990. In South Asia, Nepal, Bhutan
and Sri Lanka have abolished capital punishment; while, India, Bangladesh,
Pakistan, Afghanistan and Maldives have continued the practice.
The prevailing Constitution of Nepal (2015) under article 16 has guaranteed
that all citizens have the right to live with dignity and has also prohibited
any law to be made that prescribes the death penalty. This is a fundamental
right. As per article 1 of the constitution, the constitution is the
fundamental law and any law that is inconsistent with the constitution shall be
void. It, therefore, is explicit that no law can be made in Nepal that
prescribes the death penalty. Even if such a law is made, it shall be void on
grounds of inconsistency with the constitutional provision. Apart from these,
Nepal is a signatory to Second Optional Protocol of the International Covenant
on Civil and Political Rights (ICCPR) which mandates abolition of the death
penalty.
The newly enacted Penal Offence (Punishment Determination and Implementation)
Act, 2074 which is due to be implemented from August 17, 2018 has incorporated
various new penal provisions such as community service, suspended sentence,
reform homes, rehabilitation centres, open prisons, parole, probation, etc.
Section 13 of the act has clearly prescribed that the purpose of punishment
should be to deter the offender, rehabilitate the offender, create a sense of
remorse in the offender, etc. This clearly suggests that the penal policy
adopted by the criminal justice system of Nepal is of a reformative approach.
Apart from this, in a bid to introduce stringent laws, the new National Penal
(Code) Act, 2074 has introduced a new provision regarding life time
imprisonment. As per the prevailing Muluki Ain, 2020, lifetime imprisonment
would entail 20 years in prison. But the new law has prescribed 2 kinds of life
time imprisonment: imprisonment for the remainder of that person's life in
cases of heinous crimes, and imprisonment for a period of 25 years.
Way forward
As per a report by Amnesty International, 105 countries around the world had
abolished the death penalty for all crimes as of September 2017. With many
countries adopting an abolitionist approach to the death penalty, it is time to
re-examine our stance. Nepal was among the earliest countries in South Asia to
abolish the death penalty, which is remarkable. The prevailing constitution has
explicitly prohibited making laws that prescribe the death penalty. The new
laws on sentencing policy are guided by a reformative approach. In this
purview, it is futile to put forth demands to reintroduce the death penalty for
heinous crimes. It would be a regressive step for the criminal justice system
of Nepal.
It has to be understood that the death penalty is never the answer. Seeking
justice through revenge can never serve as justice in the realest sense.
Injustice to one cannot bring justice to another. There is no credible evidence
to suggest that death penalties deter crimes more effectively than other
punishments. Rather than opting for inhumane punishment such as the death
penalty, more focus must be given to proper implementation of existing laws,
strengthening the investigation and prosecution process, and providing speedy
justice. While it is important that all perpetrators of heinous crimes be
brought to justice and given punishments that match the gravity of the offence,
the death penalty should never be levelled against anyone.
(source: Deepika Magar is a section officer at the High Court Tulsipur, Butwal
Bench----kathmandupost.ekantipur.com)
IRAQ:
French Woman Tells Court She Does not Believe in ISIS Ideology
Melina Boughedir, a French citizen, who was put on trial in Baghdad on
terrorism charges, denied believing in the ideology of ISIS, Agence France
Presse reported Wednesday.
The 27-year-old mother of 4 faces the death penalty over her alleged membership
of ISIS.
Arrested in the summer of 2017 in Mosul, Boughedir was sentenced last February
to 7 months in prison for "illegal" entry into the country and was set to be
deported back to France.
But upon re-examining her file, an Iraqi court found that Boughedir knew her
husband planned on joining ISIS in Iraq and that she "knowingly" followed him,
AFP quoted a judicial source as saying.
On the first day of her new trial Wednesday, the judge asked Boughedir if she
knew where her husband was.
"One day he went to get water and he disappeared, I don't know anything about
it," she said.
When asked if she believed in ISIS's ideology, she said: "Not at all. This is
the case for many foreign women married to ISIS men."
The judge showed Boughedir a series of photos, in one of which she appeared,
asking whether she recognized various people.
"For someone who claims to have been forced to come to Iraq because your
husband was threatening to take your children, you look very relaxed," the
judge said, referring to the picture.
"I was at home and the picture was taken by my husband," Boughedir said.
The next hearing is set for June 3 at the request of Boughedir's new attorney,
an Iraqi chosen by the family.
Last month, an Iraqi court sentenced another French woman, Djamila Boutoutaou,
to life in prison for belonging to ISIS despite her pleas that she had been
duped by her husband.
Since the beginning of the year, Baghdad courts have sentenced more than 280
foreign militants to death or to life in prison, according to a judicial
source.
(source: albawaba.com)
**************
Iraqi court sentences 8 IS women members to life in jail
An Iraqi court sentenced 8 foreign women to life imprisonment for joining the
Islamic State (IS) terror group, a judicial spokesman said on Thursday.
"The Central Criminal Court sentenced to life imprisonment 8 female foreign
terrorists from different countries: 3 from Turkey, 3 from Azerbaijan, 1 from
Uzbekistan and 1 from Syria," Abdul Sattar al-Biraqdar, spokesman for Iraq's
Supreme Judicial Council, said in a statement.
The court's verdicts were issued in accordance with the anti-terrorism law,
Biraqdar said.
After the Iraqi forces defeated the IS in Iraq late in 2017, hundreds of IS
loyalists were killed or captured, while many others are still at large in
hideouts in Iraq or abroad.
The increase in executions in Iraq has sparked calls for abolishing capital
punishment from the UN, the European Union and some international human rights
groups, citing the lack of transparency in Iraqi courts.
Death penalty in Iraq was suspended on June 10, 2003, but was reinstated from
Aug. 8, 2004.
(source: xinhuanet.com)
IRAN----execution
Prisoner Hanged in Zahedan
A prisoner was executed at Zahedan Central Prison on murder charges.
According to Baluch Activists Campaign, on the morning of Thursday, May 3, a
prisoner was executed at Zahedan Central Prison on murder charges. The prisoner
was identified as Abdolbaset Rahmani, 24.
A Baluch human rights activist, Habibollah Sarbazi, told IHR, "Abdolbaset had
been in prison for 5 years, and he was one of the Sunnis from Birjand."
HRANA news agency quoted an informed source, "Abdolbaset was transferred to the
solitary confinement on Tuesday, May 1, and he was executed today."
The execution of this prisoner 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)
********************
I am Ramin Hossein Panahi, Iran wants me executed----Ramin Hossein Panahi, 22,
faces execution in Iran
Yes, this has become the sad reality for #Ramin Hossein Panahi a young man of
the Kurdish minority in Iran. He was shot and arrested while going to meet with
some Kurdish citizens. While his family tried to seek his whereabouts from the
Iranian government, shockingly, 3 other members of his family were also
detained. Those members were his brother, Afshin and his brother-in-law, Ahmad
and Zobeir Hossein Panahi. Ramin's mother (Dayee Sharife) and sister made
several appeals to different government branches and kept looking for him 124
days.
Execution for Ramin
The 1st time Iran spoke out about its decision to execute Ramin was on 26
October 2017.
His family received news that Iran's Revolutionary Court intended to execute
Ramin within the next 20 days. This was after an illegitimate trial took place
on 25 January 2018 convicting him of to acts against the national security and
for joining the Kurdish Komala Party.
Today, May 2, 2018, Agnes Callamard, a Special Rapporteur to the UN on
extrajudicial, summary or arbitrary executions has urgently called for Iran to
immediately halt the execution of Panahi. She also states that respect for the
stringent due process of Ramin has been jeopardized. This refers to his
detention time without any communication, acting out forms of torture such as
slashing him with a cable, and kicking him in the stomach. They also blocked
his access to a lawyer and are refusing him to attend his medical need for the
injuries caused by the gunshot.
Callamard is engaged in dialogue with Iran's authorities about Mr. Panahi's
case.
The world says 'no'
On February 4, 2018, Anwar Hossein Panahi, who is Ramin's brother and a civil
rights activist along with Ramin's attorney named Hossein Ahmadi Nejaz, met
with the 2 brothers in jail. Anwar, with the support of other civil activists,
made a promise to them to find help. Only after this did the 2 brothers end
their hunger strike that had begun January 27 when they heard of the death
sentence.
Signing up for petitions and writing letters to stop Ramin's execution has been
a steady position of thousands and thousands of citizens including civil and
political activists to condemn the sentence. More than 32 congress
representatives (former), lawyers and university professors added to #The World
call out to cancel Ramin's death. They wrote directly to the Judicial Ministry
of Iran. Furthermore, 24 Human Rights' Organizations have issued statements
calling for Iran to stop Panahi's death sentence immediately.
(source: blastingnews.com)
****************
Ramin Hossein Panahi Returned from Solitary Confinement but Still in Danger of
Execution
Ramin Hossein Panahi, a political prisoner in Iran, returned to his cell
yesterday after his execution was delayed and he met his lawyer today.
Nevertheless, he is still in imminent danger of execution.
According to a close source, on the evening of Wednesday, May 2, Ramin Hossein
Panahi returned to his cell from the solitary confinement of Sanandaj Central
Prison after his execution was delayed and he was able to meet his lawyer
today.
Iran Human Rights believes that the execution was stopped through the efforts
of human rights activists and public pressure. The efforts should continue
until the case is rejected and reviewed through a fair trial.
Ramin Hossein Panahi's lawyer, Hossein Ahmadi Niaz, told IHR, "As long as Ramin
Hossein Panahi's sentence is not stopped, there is still a chance of him
getting executed. We should try to have his verdict rejected."
He also added, "In fact, what worries us is the proceedings of his case which
didn't conform to the law. For example, the case was sent to the Supreme Court
on March 11, 2018, and his verdict was approved on April 12 or 13 after only 1
month. This is not fair. The judges should review the case very carefully."
Ramin Hossein Panahi was shot and arrested by the agents of the Revolutionary
Guard on Friday, June 23, 2017. The agents claimed that he was armed, but
Ramin's family claim otherwise.
This prisoner was transferred to Sanandaj central Prison on January 9, 2018,
after spending 200 days in the custody of the Intelligence Organization of Army
of the Guardians of the Islamic Revolution and the Ministry of Intelligence.
Ramin Hossein Panahi's trial was held on January 15, 2017. He was sentenced to
death in the 1st session on the charge of "rebellion against the regime, acting
against the national security, and being a member of Komala Party of Iranian
Kurdistan." His execution was approved by branch 39 of the Supreme Court on
Tuesday, April 10 after which his layer requested a retrial.
(source: Iran Human Rights)
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