March 16
BELARUS:
Belarus Orders Expulsion Of Christian Convert Facing Death Penalty In Iran
Belarusian authorities have ordered the expulsion of an Iranian man who has
converted to Christianity and is wanted by Tehran for apostasy and alleged
murder, despite warnings by international human rights organizations that he
would be at risk of torture and the death penalty if sent back.
Mehrdad Jamshidian's health is deteriorating after he suffered a heart attack
in July and was returned to a detention center after only 3 days in a
Belarusian hospital.
Jamshidian emigrated to Belarus in 1993 and is married to a Belarusian woman
with whom he has 3 children.
Jamshidian has been without legal status since his Iranian passport expired in
2016, and he did not apply for a new one because of "well-founded fears of
persecution in Iran," according to Amnesty International.
His multiple requests for asylum and protection have been all rejected by the
Belarusian authorities since 2013, and without a new passport he could not
apply for residence in the country.
The Belarusian Department of Citizenship and Migration on March 15 issued an
order to deport Jamshidian, who has been kept in detention for the past nine
months, back to Iran.
Diana, one of Jamshidian’s daughters, told RFE/RL that her father has 5 days to
appeal the verdict.
Jamshidian converted to Christianity in 2002 while living in Belarus, a fact
that apparently only became known later to the Iranian authorities. Apostasy,
the renunciation of Islam, is a crime punishable by death in Iran.
Jamshidian was placed on Interpol's wanted list in 2012 at Tehran's request for
allegedly murdering his mother and brother during a visit to Iran, although
Amnesty International says he was in Belarus at the time of the murders, and
despite his relatives declaring officially that he was not a suspect.
Belarusian authorities, based on the Interpol warrant, arrested him twice, in
2012 and 2013, but did not extradite him eventually because of what they said
was insufficient proof from Iran for his expulsion.
However, Belarusian authorities in late 2013 ordered his deportation, resulting
in his being detained twice for long periods of time between 2013-2016 before
being eventually released due to extenuating circumstances.
'Binding International Principle'
Human rights organizations have been coming to Jamshidian's defense. The UN
Committee on Human Rights said in 2017 that, if Jamshidian was extradited to
Iran he would be at risk of torture and the death penalty, with no guarantee of
a fair trial.
Amnesty International said in July that under "the binding international legal
principle of non-refoulement," states cannot transfer a person to a place where
they are at real risk of serious human rights violations or abuses.
"Sending Mehrdad Jamshidian to Iran, where he is at risk of grievous harm and
possibly death, would be a violation of international law," Amnesty said at the
time.
Jamhsidian's other daughter, Katryn, told RFE/RL that Belarusian authorities
had long given the family assurances that he could be sent to a 3rd country.
"But now, they are referring to some documents that came from Iran, and saying
that the decision about deportation has been made," Katryn said.
"But where? To Iran, where the death penalty awaits him for what he did not and
could not have done?
"Iranian authorities are simply seeking revenge for his conversion from Islam
to Orthodox [Christianity]. It is very disappointing for us that our home
country, Belarus, has sided with Iran in the question of the fate of [our
father] and his family."
(source: Radio Free Europe / Radio Liberty)
MALAYSIA:
Harapan rep: What death penalty U-turn? We're sticking by manifesto
A Pakatan Harapan lawmaker has rebutted claims by human rights groups that the
government was making a U-turn on the abolition of the death penalty.
DAP's Kepayang assemblyperson Ko Chung Sen (photo above) pointed out that the
government's move to only abolish the mandatory death penalty was consistent
with Harapan's manifesto.
He noted that Lawyers For Liberty had accused the government of making a U-turn
while Malaysians against Death Penalty and Torture (Madpet) called for the
abolition of the death penalty in full.
"Both the Lawyers for Liberty and Madpet will do well to go back to the Harapan
14th general election manifesto.
"It was clearly stated that in page 61 of the English version, under Promise
27: 'the Harapan government will revoke the following laws: Mandatory death by
hanging in all Acts'," he said in a statement today.
Ko said it was "not correct" for the unelected NGOs to demand elected
representatives to implement something contrarian to their manifesto and the
wishes of the people.
He noted that several online surveys have found strong public support for
retaining the death penalty but giving discretion to judges.
Ko also rubbished arguments that the death penalty does not act as a deterrent.
"This is definitely a very biased view to generalise the stupidity of 1,267
death row inmates who thought they could escape justice," he said.
While he acknowledged that mistakes could be made in meting out the death
penalty, Ko said there was no evidence that it had happened.
The government had initially planned to abolish the death penalty in full
despite its manifesto only mentioning the mandatory death penalty.
"We cannot do it half-heartedly like abolishing the death penalty for one
offence and keeping it for another. We want to abolish all death penalties,"
Minister in the Prime Minister's Department Liew Vui Keong had said.
However, after strong opposition, the government backtracked and announced that
it will only abolish the mandatory death penalty.
The abolition of the mandatory death penalty would give discretion to judges to
decide whether to mete out such a punishment.
(source: malaysiakini.com)
***************
Disappointed Suhakam pushes for total abolition of death penalty
The Human Rights Commission of Malaysia (Suhakam) has voiced disappointment
over the government's decision to abolish mandatory death penalty instead of
the proposed total abolition.
Its chairman Tan Sri Razali Ismail (pic) said the move was a "good first step"
but maintained that a discretionary death penalty was still a barrier to
upholding human dignity and the right to life.
He urged the government to take concurrent steps towards total abolition of the
death penalty and move towards ratification of the International Covenant on
Civil and Political Rights (ICCPR) and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
"Suhakam is of the view that the death penalty is not an effective, nor even
the best, crime prevention mechanism within the system of justice," he said.
"There is no credible evidence that the death penalty deters crime more
effectively than a prison term," he added.
Razali said there was also always the possibility that an innocent person could
end up on death row due to reasons ranging from inadequate defence to a
misapplication of forensic science.
Quoting statistics from the Innocence Project, he said the United States has
exonerated 364 death row inmates alone through DNA evidence over 25 years.
"How many people in Malaysia would be freed from death row if something similar
were applied here?" he asked.
According to Razali, as of October 2018, 1,279 people were on death row in
Malaysia and 35 executions took place from 2007 to 2017.
The majority of death row inmates are incarcerated on drugs offences.
He said advocacy group Harm Reduction International lists Malaysia as among the
6 countries with a "high" rate of applying the death penalty in drugs cases"
but a United Nations resolution of the Economic and Security Council in 1984
stated that capital punishment could be imposed on only the most serious
crimes, which excluded drugs offences.
"Today, 106 countries have abolished the death penalty in recognition that it
is cruel and inhumane, and that it does not rehabilitate criminals or address
root causes within society which may lead to the enactment of serious crimes."
"Suhakam would like to reiterate its position that the death penalty has no
place in a modern legal system as it violates the right to life which happens
to be the most basic of all human rights," he said.
He also called for more dialogue between the government and stakeholders to
address opposition to the abolishment of the death penalty and other
punishments deemed cruel.
(source: thestar.com.my)
ETHIOPIA:
Ethiopian women awaits capital punishment, draws international attention
Nazrawit Abera, the 27 year old Ethiopian citizen imprisoned in China and
facing a possible death sentence over a drug offense is gaining the attention
of leading and influential players within the Government of Ethiopia, as well
as the international media.
Since her story appeared on The Reporter, her issue has been covered by BBC
Africa, the Voice of America, the Daily Mail newspaper in the United Kingdom;
and officials within the Government of Ethiopia have promised to advocate for
her case and see her released. Diaspora activists have also started a petition
to help save the life of the Civil Engineer.
Her family members contend that she became an accomplice to a crime by a
childhood friend who had asked her to accompany her on a trip to China. The
friend eventually was said to have canceled at the last minute and pressured
her to go ahead without her. She was said to transport a made-in-Brazil shampoo
bottles for her and which would later be discovered containing drugs.
Within days of starting a petition by a childhood friend, EromWalelgn, calling
for her release, has gained the attention of more than 10,000 signatories and
the attention of Abebe Abebayehu, head of the Ethiopian Investment Commission
(EIC).
Abebe confirmed to The Reporter that he had flagged her case to the Ethiopian
Ambassador to China for his immediate attention and advocacy during his recent
business trip to the country.
(source: thereporterethiopa.com)
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