March 31
PALESTINIAN AUTHORITY:
Palestinian Authority: Executions Loom Despite Unfair Trials
Amid grave concern that prisoners facing execution by the Palestinian
Authority did not receive fair trials, Human Rights Watch urged
Palestinian Authority President Mahmoud Abbas to place an immediate
moratorium on the use of the death penalty.
Recent press reports indicate that Abbas is considering certifying death
sentences for up to 15 people, many of whom were convicted years ago.
There are currently at least 27 people sitting on death row under the
Palestinian Authority. In a letter to the Palestinian Authority president,
also known as Abu Mazen, Human Rights Watch expressed concern that most,
if not all, of these individuals were denied a fair trial and an
opportunity to appeal.
"Executing prisoners convicted in unfair trials would only undermine Abu
Mazens attempt to bolster his law and order credentials," said Sarah Leah
Whitson, Middle East director at Human Rights Watch. "To ensure the rule
of law and security for Palestinians, the Palestinian Authority needs to
establish an independent judiciary that respects due process."
International human rights standards stipulate that where the death
penalty has not been abolished, it be imposed only in cases where due
process has been scrupulously applied, including the right of the
defendant to competent defense counsel, to be presumed innocent until
proven guilty and to appeal both the factual and legal aspects of the case
to a higher tribunal.
In its letter to Abbas, Human Rights Watch detailed several cases of
Palestinians executed under the Palestinian Authority after grossly unfair
trials by military and state security courts. In one such case, Ra'ed and
Muhammad Abu Sultan were executed on August 30, 1998, after a summary and
unfair trial before a special military court, only three days after
Palestinian security services charged them with committing 2 killings.
The Palestinian Authority should remove from death row all persons who
were tried in these courts and grant them new trials that comport with
international standards, Human Rights Watch said.
"The Palestinian Authority has drawn a veil of secrecy over the basis for
these mens convictions, and even their identities," said Whitson "If Abu
Mazen wants to demonstrate his commitment to improving governance for
Palestinians, he should make such information freely available."
Human Rights Watch called on President Abbas to disclose all information
regarding the identities and status of prisoners on death row, the crimes
for which they have been convicted, the manner in which they were charged,
sentenced and tried, the prisons in which they are being held, and details
of any impending executions.
Until the death penalty is abolished, Human Rights watch also urged
President Abbas to limit the scope of its use. While international law
stipulates that in countries where the death penalty has not been
abolished it should be imposed only for a small number of the most serious
crimes, the Palestinian Authority extends the application of the death
penalty for 42 offenses.
"Abu Mazen should place a moratorium as a first step toward abolishing
capital punishment throughout the Occupied Palestinian Territories,
Whitson said.
Human Rights Watch opposes capital punishment in all circumstances because
of its cruel and inhumane nature, as well as the growing global consensus
that the death penalty should be abolished. More than 100 countries have
effectively abolished the death penalty, and 54 have ratified the Second
Optional Protocol to the International Covenant on Civil and Political
Rights on abolition of the death penalty.
(source: Human Rights Watch)
MALAYSIA:
Lee appeals against death sentence for murder
Kenneth Lee has filed a notice of appeal against the decision of the Court
of Appeal to sentence him to death for murder.
Lee, whose Muslim name is Omar Iskandar Lee Abdullah, is appealing to the
Federal Court against the appellate courts verdict and sentence.
The notice of appeal was filed on behalf of Lee by his counsel Rabinder
Singh yesterday.
On Saturday, the Court of Appeal overturned Lees manslaughter conviction
meted by the High Court and instead found him guilty of the murder of an
accountant 5 years ago.
The High Court had jailed him 8 years.
Court of Appeal Justices Abdul Kadir Sulaiman, Ghazali Mohd Yusoff and
Tengku Baharuddin Shah Tengku Mahmud found him guilty of the murder of Lee
Good Yew in Jalan Istana Baru, Kuala Lumpur, at 7. 55pm on Aug 22, 2000.
(source: The Star)
