May 25
SUDAN:
Global Campaign Seeks to Overturn Death Penalty for Sudanese Teen Who Killed
Her Rapist
Lawyers are trying to save the life of a Sudanese teenager sentenced to death
for killing her husband while he tried to rape her. As the defense team
appealed the court verdict on Thursday, a global petition has gained over one
million signatures, as well as celebrity backing.
Naomi Campbell, Mira Sorvino and Emma Watson have joined the campaign to
overturn 19-year-old Noura Hussein's death penalty.
The case has called attention to issues around forced marriage and women's
rights in Sudan, where girls as young as 10 can be legally married and courts
do not consider marital rape a crime, according to Human Rights Watch.
When she was 15 years old, Hussein's family married her to an older man, but
she ran away to her aunt's house, CNN reports. 3 years later, her father forced
her back into her husband's family.
After Hussein refused to have sex with the man, he raped her while his brother
and cousins held her down, according to CNN. When the man attempted to rape her
again the following day, she stabbed him to death. Her own parents turned her
over to the police.
Hussein's lawyers submitted evidence of her struggle, including bite marks on
her shoulder, cuts on her hand and a broken bed. The husband's family denied
the rape allegation, citing the couple's marriage. The court found Hussein
guilty and sentenced her to death by hanging.
"Noura and indeed the women and girls of Sudan have too often been treated as
chattel to be traded and given away as though they are property," activists
with the Justice for Noura campaign said in a statement. "Here today, united
and in one voice we wish to say - enough!"
(source: TIME)
****************
Sudanese teenager who killed rapist husband appeals death sentence----Noura
Hussein, whose case has been taken up by Naomi Campbell and Emma Watson, vows
to help other women forced to marry
The lawyers for a young Sudanese woman sentenced to death for killing her
husband as he tried to rape her have formally appealed the ruling as a petition
calling for her to be spared reached a million signatures.
The legal team working on behalf of 19-year-old Noura Hussein, whose case has
become an international cause celebre, had until Thursday to file an appeal to
the death sentence handed down by a Sudanese court 15 days ago.
High-profile figures have joined the campaign to get the sentence overturned,
among them the model Naomi Campbell, actors Mira Sorvino, Emma Watson and Rose
McGowan, and Julia Gillard, the former Australian prime minister.
Ahead of the appeal, Hussein told the Guardian from prison in the city of
Omdurman that, if she was pardoned, she planned to study law to help others.
"When I get out of here, I want to study law to defend other oppressed people,"
she said.
Her case has underlined the issue of forced marriage, including minors, and
women's rights in the Sudanese courts system.
Forcibly married by her family at 16 to an older man chosen by her father,
Noura fled to take refuge at an aunt's house. But after 3 years she was tricked
into returning home by her own family, who then handed her over to her
husband's family.
According to her supporters - including the activist group Equality Now, which
is backing a petition organised on her behalf - Hussein had been with her
husband for 6 days when he raped her with the assistance of his brother, a
relative, and a witness, who held her down.
When he attempted to rape her again the following day, she stabbed her husband
to death before going to her own parents, who handed her over to police.
One of her lawyers, Ahmer Sibair, said forced marriage was a familiar problem
in Sudan. "Marrying girls and women without their consent is common in Sudan,
and it causes so many problems. They marry a girl as a child and without her
consent, and so many of them lost their chances to be educated."
Sibiar added that Noura, although she seemed "strong and coherent", did not
"understand her situation".
Activists who have been supporting her in her legal process cautioned that,
despite the appeal against her conviction and death sentence, it could take
months for the appeal court to rule.
Equality Now, which has been working with a local partner in Sudan, released a
copy of the appeal, which argued that Hussein was the victim in the case after
killing her rapist while she defended herself.
"Noura was a victim of child marriage, forced marriage, rape and denial of
justice," her legal team said in a statement.
"As if that was not enough, she now is at the brink of losing her life for
defending herself from violence, where law, tradition and culture failed her.
"Noura and indeed the women and girls of Sudan have too often been treated as
chattels to be traded and given away as though they are property, and as though
they have no rights.
"Here today, united and in one voice we wish to say - 'Enough!' We want to turn
on the light against perpetrators who prey on children and women, violate them
and expect protection from the law."
(source: The Guardian)
ZIMBABWE:
UN calls on Zim to abolish death penalty----United Nations (UN) resident
co-ordinator Bishow Parajuli has cited the death penalty as one of the critical
issues which needs swift abolishment as the country under the new dispensation
led by President Emmerson Mnangagwa revisits its stance on upholding human
rights.
Speaking at a Universal Periodic Review (UPR) stakeholders meeting in Harare
yesterday, Parajuli cited the death penalty as one of the sticky issues that
Zimbabwe needs to look at if its leaders were committed to upholding good
practices in human rights compliance.
"Allow me to mention areas were more could be done and these are critical human
rights issues which need attention including the total abolishment of the death
penalty which am sure Zimbabwe can do with the highest level of leaders
commitment," he said.
Of the 260 recommendations of the UPR's forwarded to Zimbabwe to which
abolishment of the death penalty is one of, the country has accepted only 150
of them and partially adopted an additional 6.
"Let me underline the UN's commitment for support to the government and the
civic society in facilitating the implementation of the UPR recommendations and
in the promotion of human rights," Parajuli said.
Although capital punishment is recognised by the country's laws, since 2005
when the country's last hangman died there has been no execution, despite calls
by former President Robert Mugabe to activate the law in order to deal with
ongoing cases of murder.
Earlier this year President Emmerson Mnangagwa who is critical of the death
sentence invoked the provisions of section 112 of the Constitution of Zimbabwe
to commute to life imprisonment the death sentences of prisoners on death row
for more than 10 years.
The country's 2013 Constitution only exempts women from the death penalty
together with males under 18 and over 69 years old and human rights groups that
include Amnesty International have often called for the total abolishment of
capital punishment.
(source: newsday.co.zw)
*****************
Moving away from the death penalty in Zimbabwe - has the time come for change?
Zimbabwe has shown itself ready to embrace change in recent months but would
that extend to abolition of the death penalty? The findings of a new public
opinion survey suggest that this might be the case, opening up the debate on
abolition of the death penalty.
The death penalty has been a contentious issue in Zimbabwe and in an effort to
find out what the public think, we commissioned a leading criminologist, Dr Mai
Sato to carry out a nationwide public opinion survey. The report was launched
in Harare this week and the results presented were surprising.
While a majority of Zimbabweans continue to support the death penalty, support
was not particularly strong. Only 41% thought that Zimbabwe should 'definitely'
keep the death penalty, with 20% feeling that it should 'probably' be kept - a
combined total of no more than 61%. The report also identified that public
opinion, whether it was in favour of retention or abolition, was, in general,
not very informed or based on deep knowledge of the subject matter. Of those
surveyed, 83% were not aware that Zimbabwe had not carried out any executions
for over a decade.
When exploring the reasons behind support for the death penalty, it was
striking that the "eye for an eye" argument did not hold much traction with the
Zimbabwean public. Only 14% of retentionists supported the death penalty for
retributive reasons, whereas similar studies conducted in Ghana, Trinidad and
other countries have found this to be one of the most popular arguments in
favour of the death penalty. Nor did the public think that the death penalty
was an effective criminal justice policy, with 92% of Zimbabweans favouring
policies other than "more executions" for reducing violent crime rates.
Most Zimbabweans accepted that there should be strict limits on capital
punishment and were reluctant to impose the death penalty when presented with
different case scenarios. Ultimately, 80% of those in favour of the death
penalty would be willing to accept abolition if it became government policy.
Around the death penalty is dying out. More than 2/3 of the world's nations
have now abolished capital punishment in law or in practice. In 2017,
executions were carried out in just 23 countries and there was a global decline
in the number of people sentenced to death. In sub-Saharan Africa, the trend
towards abolition is especially pronounced. Only 2 countries in the region
carried out executions in 2017 - Somalia and South Sudan - and in recent years
Guinea, Benin, Madagascar and the Republic of the Congo all abolished the death
penalty. Of the countries that neighbour Zimbabwe, only Botswana has executed
anybody in the last few years.
While Zimbabwe continues to retain the death penalty, there has been some
positive progress towards abolition. An unofficial moratorium on executions is
in place and in 2013 the new constitution gave full discretion to judges to
consider whether the death penalty should be imposed in any given case. The
last execution in Zimbabwe was carried out in 2005 - some 12 years ago.
What then is preventing Zimbabwe from joining the rest of the world's nations
who have abolished the death penalty? In this context it is important to gauge
public opinion. Frequently we are told that, whilst personally many key
stakeholders are in favour of abolition, strong public support for the death
penalty will not allow for change. But is the Zimbabwean public more averse to
moving forward than other nations which have successfully abolished the death
penalty?
The survey findings show that, while on the surface public support for capital
punishment might appear strong, this is not the whole picture. Attitudes
towards the death penalty tend to be highly qualified; where people sit on the
issue will vary according to different assumptions, information and situations.
When faced with the reality of typical case scenarios or the possibility of
wrongful convictions, we often find that support for the death penalty wavers.
Moreover, attitudes towards the death penalty are frequently misinformed and
based on a limited understanding of the issues. Going beyond the simple
question of support or opposition to capital punishment, this research sheds
light on the nuanced and complex views of Zimbabweans towards the death
penalty.
At the launch of the report in Harare, guests included not only the media but
prominent parliamentarians and other key stakeholders. There appeared to be
broad political agreement that abolition was desirable and achievable in the
short term. The findings of the report served to underline the view that the
public would accept such change.
Ultimately, abolition of the death penalty is a political decision requiring
leadership. That is not to marginalise the importance of public views but
rather to accept that public opinion should be sought to inform the debate on
capital punishment, but not lead it.
This research, we believe, shows the Zimbabwean public is ready to accept
change, but that this change must be explained. We hope that the findings will
encourage us all to question assumptions made about public views and help to
open the debate on the future of capital punishment in Zimbabwe.
(source: Opinion; Parvais Jabbar is Co-Executive Director of The Death Penalty
Project, an international legal action charity based in London, UK. Val
Ingham-Thorpe is Director of Zimbabwean NGObulawayo24.com)
MALAYSIA:
Ramkarpal: Stay death sentences for now, they may soon be abolished
Applications to stay the sentence of inmates currently on death row should be
allowed, says DAP's Bukit Gelugor MP Ramkarpal Singh.
In a statement issued on Thursday (May 24), the lawyer said the sentences of
inmates on death row should be reviewed in light of the possible abolition of
the death penalty.
He said he would file an application to the Federal Court on behalf of one of
his clients currently on death row for an offence under the Dangerous Drugs Act
1952.
"It is hoped that the said proposed application will be allowed and applied to
all other inmates currently on death row as the death sentence is
irreversible," said Ramkarpal.
He also urged that the sole discretion of imposing the death penalty or
commuting it to a lighter sentence be given to the courts.
He explained that at present, the court requires a certificate from the public
prosecutor, who acts on behalf of the Attorney-General, before it can consider
commuting the sentence.
Ramkarpal also lauded the possible abolition of the Sedition Act, saying that
it was a "political tool to stifle dissent".
He urged the courts to adjourn cases charged under the Act pending its review
in Parliament.
On Wednesday (May 23), Home Minister Tan Sri Muhyiddin Yassin said it was time
to review existing laws that were outdated such as the Printing Presses and
Publications Act, Prevention of Crime Act, the Security Offences (Special
Measures) Act, and the mandatory death penalty for certain crimes.
"We will study such laws first before deciding whether to repeal or amend
them," he said, adding that civil society would be engaged in this process.
(source: thestar.com.my)
****************
Exposto sure she'll beat death sentence
The Sydney grandmother sentenced to death in Malaysia for drug smuggling has
told her lawyer not to worry as they will win their appeal case because "it's
obvious I'm innocent".
An appeal court in Malaysia on Thursday sentenced Maria Elvira Pinto Exposto to
death by hanging after overturning her earlier acquittal on drug smuggling
charges.
The 3 judges sitting in Kuala Lumpur unanimously found the 54-year-old guilty
but said she had a right of further appeal on the methamphetamine charges and
wished her luck.
On Friday Exposto's legal team lodged an application to appeal the ruling in
the Federal Court.
"I can confirm a notice of appeal has been filed with the court," a lawyer with
Muhammad Shafee Abdullah, who represents Exposto, told AAP.
Her lawyer told Network Ten on Friday that his client had "told me something
very encouraging". "She said, 'Not to worry, we got another appeal, and with
your team ...we will win the case ... because I'm innocent. It's obvious I'm
innocent'."
In a statement on Thursday Foreign Minister Julie Bishop said "Australia
opposes the death penalty in all circumstances for all people" and Exposto
would continue to receive full Australian consular assistance.
On December 27 last year Exposto was acquitted of drug trafficking but faced a
prosecution appeal against the acquittal on charges of trafficking 1.5kg of
methamphetamine into Malaysia.
She had claimed she was the victim of a set-up after she was found with the
drugs in her bag after arriving on a flight from China in 2014.
She was acquitted after the judge found she was scammed by her online boyfriend
and was unaware she was carrying the drugs stitched into her bag.
The prosecution in the appeal argued Exposto had been wilfully blind, that her
defence was made up and she had engaged in a "sly game", News Corp reported.
(source: Australian Associated Press)
INDONESIA:
Radical Indonesian cleric Aman Abdurrahman argues against death sentence in
court
Radical cleric Aman Abdurrahman appeared at a court in Jakarta on Friday (May
25) to issue his rebuttal against prosecutors demanding the death sentence for
his role in inciting others to commit terror attacks in Indonesia.
Prosecutors had last Friday (May 18) sought the death sentence for the
46-year-old over charges of inciting various terror attacks, including an
attack in Jakarta in 2016 that left four bystanders dead.
"It is a fact that the defendant is an important figurehead (in the militant
network) who has... gained respect as he dared to convey different views,"
prosecutors said.
"Although some of the perpetrators of the various attacks had never met Aman,
they read his writings available online and got inspired to launch the terror
attacks," they said.
Aman's lawyer Asluddin Hatjani counter-argued on Friday that the prosecutors'
demand was not based on facts gathered during the trial. They stressed that
none of the witnesses heard had said Aman issued orders for any of the attacks,
adding that Aman did not motivate them nor have prior knowledge of the attacks.
"Aman appealed to his followers to migrate to Syria (to join the Islamic State
in Iraq and Syria, or ISIS), but that does not mean that Aman is linked to the
bombings (and) attacks in Indonesia," Mr Asluddin told the South Jakarta
district court.
Aman spoke after his lawyer presented arguments, claiming he had no role in any
of the attacks mentioned by the prosecutors.
He claimed that more than a thousand of his followers had travelled to Syria,
although he did not provide details.
The prosecution had also taken into consideration other terror attacks said to
be incited by Aman, which took place at the end of 2016 and 2017. These
included the Kampung Melayu suicide bombing, the Samarinda church bombing, the
Medan police post attack and the Bima police shootings.
The prosecution said that they had arrived at the recommendation of a death
penalty after hearing witnesses' testimonies and checking other evidence
presented in court during the trial that began on Feb 15.
Prosecutors will respond to Aman's rebuttal on May 30.
Aman also claimed that he disapproved of the recent attacks on three Surabaya
churches and a police headquarters that killed 12 innocent people, saying the
perpetrators were people who had "ill souls".
(source: straitstimes.com)
PHILIPPINES:
Sotto to allow death penalty debates for 'high-level' drug trade
Death penalty limited to "high level drug trafficking" has better chances of
passing in the Senate, the chamber's leader, Vicente Sotto III said Friday.
Sotto said the measure would have his vote but he would only agree if it was
limited to such category.
"I'd rather not use the words 'actively push'; but I'd allow it to be debated
on the floor," he told ANC's Headstart.
"I'll have Sen. Manny Pacquiao, who is the principal author of that now to
sponsor it. I would probably help him sponsor it, but only up to that level,"
he said.
Sotto took over the Senate leadership from Sen. Aquilino "Koko" Pimentel, under
whose 2-year tenure death penalty did not prosper.
President Rodrigo Duterte promised to reimpose the death penalty during the
2016 elections as part of his anti-crime campaign.
Sotto said arguments that death penalty is anti poor or will not deter crime
are "correct," except for high-level drug trafficking.
"High level trafficking, they're in jail and they still operate and they can do
everything they want because of money...There is no drug lord who is poor so
they can avail of all the best lawyers if they want," he said.
The Philippines was the 1st Asian country to abolish death penalty in 1987, but
it was reinstated under President Fidel Ramos in response to increasing crime
rates. It was abolished again under President Gloria Macapagal-Arroyo in 2006.
The House of Representatives last year approved on 3rd and final reading a bill
reimposing capital punishment, but only for drug-related offenses.
Pacquiao has filed 3 separate bills seeking the death penalty for drug
trafficking, kidnapping, and aggravated rape. Several other senators also filed
capital punishment proposals for different crimes, but discussions on these
were not prioritized.
(source: abs-cbn.com)
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