Feb. 18
INDIA:
1993 Mumbai blasts: SC stays case against Abu Salem
The Supreme Court stayed the TADA proceedings in 2 cases against alleged
gangster Abu Salem in the 1993 Mumbai blasts case in view of Portugal court's
order terminating his extradition to India.
The court has issued notices to the Central government and the Ministry of
External Affairs and wants a response in 3 weeks.
Abu Salem in his application has said that trial, which can lead to death
penalty is against extradition promises.
(source: IBNlive.com)
BELARUS:
Belarus 'Outraged' at European Resolution on Death Penalty
The European Parliament's resolution on Belarus indicates serious interference
in the internal affairs of the country, the Belarusian Foreign Ministry's press
service said in a statement on Friday.
On Thursday, the European Parliament passed a resolution condemning Belarus for
implementing the death penalty in the country, demanded Belarusian authorities
stop harassing rights groups, and immediately release members from the
opposition from prisons.
"The European Parliament does nothing in its honor by seriously interfering in
the practices of law and order in a sovereign country," the ministry statement
said.
The statement continued by stating Belarus' outrage on the European
Parliament's resolution in regard to capital punishment.
"The European Parliament de facto stands on the side of terrorists with
incompetent suggestions of doubt on the results of investigations and decisions
by the Belarusian court in cases of terrorist acts," the statement read.
The Foreign Ministry said that the European in particular has called into doubt
the case of Vladislav Kovalyov and Dmitry Konovalov, who were sentenced to
death for bombing a subway station in Minsk in April 2011. The European
Parliament has called on Belarusian President Alexander Lukashenko to
immediately pardon both men and place a moratorium on capital punishment and to
later remove the practice from the law books.
The European Parliament claims there were shady and serious faults in human
rights, premeditated ignoring of justifiable evidence during court procedures,
as well as serious procedural violations during the initial hearings and while
the case was being heard in the court of law. The parliament has demanded that
the case be reinvestigated.
The terrorist act was carried out in Minsk on April 11, 2011. 15 people were
killed and more than 200 were injured from the explosion. The main suspects in
the crime were Konovalov, who the court said built the explosive device,
brought it to the subway station, and detonated it, as well as Kovalyov, who
knew about the terrorist act being planned but failed to alert the appropriate
authorities.
(source: RIA Novosti)
MALAYSIA:
SIS criticises deportation of Hamza Kashgari
Sadly, despite its attempt to promote Malaysia as a moderate Muslim country,
the Malaysian government has failed to match its rhetoric with its actions,
says Sisters in Islam (SIS).
Sisters in Islam (SIS) is deeply disappointed that the Malaysian government has
deported the Saudi blogger Hamza Kashgari without due process. This deportation
was carried out despite the absence of an extradition treaty between the two
countries and the probability that Hamza might face the death penalty in Saudi
Arabia for alleged blasphemy.
Home Minister Dato Seri Hishammuddin Hussein’s statement that we have an
agreement with other countries to always return their citizens should they ask
for them is therefore questionable. In the absence of an extradition treaty
with Saudi Arabia, under what legal provision did Hishammuddin act in deporting
Hamza Kashgari?
Secondly, from what we understand, Hamza Kashgari’s lawyers had been denied
access to see their client since 10 February 2012 and were not informed of his
impending date of deportation. In fact, a court order was granted by Justice
Rohana Yusof to stop the deportation. Therefore, we demand to know which legal
provision was used by the Malaysian government to arrest and detain Hamza
Kashgari.
Thirdly, the Saudi penalty for blasphemy is death – a punishment found neither
in the Qur’an nor under Malaysian law. What Allah exhorts in the Qur’an in
Surah Al-Baqarah, Verse 159 is this:
And it was by God’s grace that thou [O Prophet] didst deal gently with thy
followers: for if thou hadst been harsh and hard of heart, they would indeed
have broken away from thee. Pardon them, then, and pray that they be forgiven.
And take counsel with them in all matters of public concern; then, when thou
hast decided upon a course of action, place thy trust in God: for, verily, God
loves those who place their trust in Him. Hamza Kashgari withdrew his tweet and
made a public apology – surely the Islamic and humane way would be to show him
compassion and forgiveness.
Fourthly, do we not have any autonomy in deciding our own policies, or do we,
as Hishammuddin implies, adhere to the whims of countries we perceive as more
powerful? Do we no longer enjoy any independence in deciding what happens
within our borders? The Malaysian government should have exercised discretion
in favour of Hamza Kashgari and allowed for due process within our court
system.
Sadly, despite having set up the Global Movement of Moderates recently in an
attempt to promote Malaysia as a moderate Muslim country, the Malaysian
government has failed to match its rhetoric with its actions. Nor indeed did it
heed or advocate God’s Mercy and Forgiveness as found in the Qur’an.
(source: Aliran.com)
CHINA:
Clamour for review of Chinese tycoon's death penalty
A fraud case involving the self-made millionaire daughter of a peasant has
become a touchstone issue for China's vocal Internet campaigners and newly rich
private entrepreneurs, who see her death penalty as unusually harsh.
Thousands of local Internet users, including well-known tycoons and academics,
are calling for a review of Zhejiang businesswoman Wu Ying's case.
In a rare move prior to reaching a verdict, the Supreme People's Court said on
Tuesday that a review of her case will be handled "with care", conducted "based
on facts" and "according to the law".
The court rarely comments on death penalty cases pending review.
Professor Liu Renwen, of the Chinese Academy of Social Sciences, called the
court's response a positive sign.
"At least, it shows the court is aware and taking note of the strong public
opinion," he told the South China Morning Post in a report published on
Wednesday.
Wu, 30, once China's sixth-richest woman, was sentenced to death in 2009 by the
Jinhua Intermediate People's Court for raising funds illegally to defraud
investors of 770 million yuan (US$122 million). She has repaid half of it.
The Zhejiang High Court rejected Wu's appeal last month, saying she
"squandered" the funds and did not use them in "normal operational activities".
According to reports, Wu started with a string of beauty parlours - a business
that soon expanded into spas, hotels and property.
Detained in 2007, she allegedly raised the 770 million yuan outside the
official system, from 11 lenders between 2005 and 2007. She allegedly promised
them exorbitant returns on money used to buy rapidly appreciating real-estate
assets and luxury items, which she says she aimed to re-sell at a profit.
She admits to illegally collecting funds, but says it was a case of business
gone bad, and denies any intention to defraud.
Her supporters believe she was a victim of government policies.
Law professor Xu Xin at the Beijing Institution of Technology wrote in the
Global Times: "Wu was forced to borrow money with high interest rates because
it is really hard for private companies to raise funds. The root of illegal
fund-raising activities lies in the financial monopoly of state-owned
institutions."
In China, private companies often seek funds outside the state banking system,
which tends to favour large, state-owned firms. The massive private lending
business came under the spotlight last year after more than 90 entrepreneurs in
Zhejiang ran away to evade heavy debts. Some reports suggest that many local
officials wanted Wu dead because she said many high-ranking officers were
involved in loan-sharking activities. Netizens also accused the courts of
double standards, saying Wu's death penalty seemed unnecessarily harsh when
corrupt officials were given suspended death sentences, reported Reuters.
Microblogger Han Zhiguo cited former Bank of China official Yu Zhendong, who
with his accomplices swindled more than $80 million and illegally used 132
million yuan ($20 million) in public funds. Yu was sentenced to 12 years in
prison.
Wu's lawyers and the online community noted that Parliament last year abolished
capital punishment for 13 types of non-violent economic crimes.
Eminent lawyer Zhang Sizhi, now 85, who defended the Gang of Four, argued that
Wu did not defraud investors because she did not flee or "squander" the funds,
and that she invested in hotels and other enterprises with money from friends
and family, not the general public.
Wu's lawyers also argued that the 11 so-called fraud victims were her friends
and colleagues, which made the transactions private. Further, none complained
about being defrauded, according to the South China Morning Post.
In addition, Wu was operating her business and trying to repay loans up to the
time she was detained, her lawyers said.
Another talking point is why Wu's confiscated assets are being auctioned off
when the country's highest court has yet to deliver the final verdict.
The police in Zhejiang's Dongyang city say "they do not want to see Wu's assets
depreciating day by day", reported the Southern Metropolitan Daily last week.
They say they have confiscated more than 100 houses and 41 luxury cars
belonging to Wu since she was detained.
They have already sold a hotel for 4.5 million yuan ($714,000) and auctioned 30
cars for a combined 3.9 million yuan ($619,000).
To dispel rumours that her assets are being carved up, the local police said
last week that the money from the sale of Wu's properties, businesses and cars
will be kept "untouched" in a special account, reported the Shanghai Daily.
(source: Asia News Network)
******************
Death sentence for businesswoman arouses opposition in China----Supporters say
Wu Ying didn't do anything different from many other entrepreneurs, who have to
work around a banking system that favors state-run enterprises.
A few years ago, she embodied the rags-to-riches legend of modern China: The
daughter of an illiterate farmer starts a hair salon when she is just 15, and
in little more than a decade creates a business empire that makes her one of
the country's wealthiest women.
Now the country's "sister millionaire," still only 31 and looking much like a
schoolgirl with her ponytail and straight-cut bangs, has come to symbolize
something far different: opposition to the death penalty.
A provincial court on Jan. 18 upheld Wu Ying's death sentence on charges of
fraud and "illegal fund-raising," violating legislation aimed at fighting
underground banking and loan-sharking. Since then, her cause has won the
backing of members of China's business community, which normally steers clear
of politically sensitive human rights issues.
Among her supporters is the editor of the Global Times, a newspaper closely
tied to the Communist Party. An online poll found people opposing the death
penalty for Wu by a margin of 10 to 1. Those who put themselves on record
against it included real estate tycoon Pan Shiyi and technology executive
Kai-Fu Lee, the former head of Google's China operation.
Lawyers, human rights activists and scholars opposed to imposing the death
sentence on Wu gathered this month for a seminar in Beijing. "This case is
really about the lack of independence of the Chinese judicial system," said one
participant, Hu Xingdou, an economist with the Beijing Institute of Technology.
"Somebody clearly wanted to send Wu Ying to her death."
Supporters say she didn't do anything different from many other entrepreneurs,
who have to work around a banking system that still favors state-run
enterprises, and that her case has had a chilling effect on business. Others
say that even if what she did was illegal, she shouldn't be put to death.
Ambitious young people like Wu grew up believing that they would serve the
country by creating businesses and providing jobs, said her father, Wu
Yongzheng. "Why is there so much government propaganda about entrepreneurship
if people like my daughter get punished?" he said in a telephone interview.
John Kamm, executive director of the San Francisco-based Dui Hua Foundation, a
human rights organization, said Wu Ying's was a "wedge case."
"Even for people who support the death penalty, there is a strong feeling that
you shouldn't kill people for economic crimes," he said. "That is simply
barbaric."
China revised its criminal code last year to remove 13 nonviolent crimes from
the list of those punishable by death. The Dui Hua Foundation says the number
of executions has been cut by about half since 2007, when the Supreme Court
began reviewing death sentences imposed by local and provincial courts.
But still, about 4,000 people are executed each year, the highest number in the
world, Dui Hua says.
The Supreme Court has announced its intention to review Wu's sentence, and
issued a rare public statement Tuesday promising to "strictly abide by the
truth."
The oldest of 4 daughters of a rice farmer, Wu dropped out of a vocational high
school in the coastal province of Zhejiang, south of Shanghai, to work in an
aunt's hair salon. Then she started her own. A string of other businesses
followed: a car rental agency, a karaoke club, a foot massage parlor and a
cosmetic company that made face creams from sheep placenta.
Her company, Bense Holding Group, announced plans to expand into petrochemicals
and construction.
By the time she was 26, she was ranked as the 6th-wealthiest woman in China,
with assets estimated at more than $500 million. Nicknamed the "sister
millionaire," she appeared in magazine profiles, always wearing either all
black or all white. Her company owned Ferrraris and BMWs.
Her downfall was just as sudden. In late 2006, one of her creditors kidnapped
her for 8 days, a practice not uncommon in Zhejiang's underground lending
business. She acknowledged afterward that she was experiencing a "cash flow"
problem. In February 2007, local authorities arrested her and confiscated
property, including apartments, 41 cars and a stash of jade.
In 2009, she was convicted and sentenced to death for illegally raising
millions of dollars from investors for businesses, including hotels,
construction, real estate and foreign trade, that never came to fruition.
The presiding judge in the case, Shen Xiaoming, said last week in an interview
with the Legal Daily that Wu had been borrowing money to fund a lavish
lifestyle.
"She fabricated stories that she would use the money to invest in commercial
properties, coal and the petroleum business," Shen said. "She gave the public
the wrong impression that she had solid financial backing by registering lots
of fake companies within a short period of time and buying advertisement space
along roads to promote her company."
Her backers say small entrepreneurs often have to resort to private lending,
frequently from investors seeking higher interest rates, because the formal
banking system still favors the state-run economy.
"Business people are scared because this is such a common practice in China,"
said Teng Biao, a Beijing lawyer and activist who has represented several
clients fighting the death penalty.
Wu's supporters say she could have paid back the money if her businesses hadn't
been shut down so abruptly. Some of her creditors testified on her behalf
during the trial.
Since her conviction, the underground banking system in Zhejiang, estimated at
$600 million a year, has struggled. Defaults are rampant and many deeply
indebted entrepreneurs have fled the country, leaving creditors and their
employees in the lurch.
"There are so many of these businessmen who borrowed much more money than Wu
Ying, and then ran away. Wu Ying didn't do that. She didn't run. She tried to
pay her debts," said Zhang Yanfeng, one of her lawyers.
He described her as "very innocent, almost childlike."
In a letter to her family after she was arrested, Wu expressed regret for what
had happened: "If I had a chance to do my life all over again, I would choose
to be an ordinary person living an ordinary life."
(source: Los Angeles Times)
IRAN:
Lawmaker's resolution condemns Iran for Christian pastor's death sentence
Lawmakers in Congress have joined the fight to save an Iranian Christian pastor
who has been sentenced to death for refusing to renounce his faith.
A resolution sponsored by Rep. Joseph Pitts (R-PA) denounces Iran for its
leaders' ruling of apostasy against Youcef Nadarkhani and calls for his
immediate release.
“Iran has become more isolated because of their drive for nuclear weapons, and
the fundamentalist government has stepped up persecution of religious
minorities to deflect criticism,” Pitts told FoxNews.com. “The persecuted are
their own citizens whose only crime is practicing their faith.”
Nadarkhani was born to a Muslim family and admits that he was introduced to the
teachings of Islam, but claims he never accepted the faith. The charge of
apostasy, which in Iran carries the death penalty, is leveled at those who
abandon their faith.
Pitts introduced the measure on Friday and so far has the support of seven
other members. Nearly 90 members of Congress previously signed a letter
supporting Nadarkhani.
Nadarkhani, who also held house church services in Iran, was facing execution
after being convicted of apostasy in November of 2010, but appealed his
conviction all the way up to the Iranian Supreme Court. That trial was held in
the Gilan Provence last September, when he refused to renounce his
Christianity. Nadarkhani has been detained for a total of 858 days.
"They now have to decide whether they will live up to their international
obligations as a member of the United Nations and a signatory of the Universal
Declaration of Human Rights,” Pitts said.
The execution has been delayed amid international pressure on the Iranian
regime. At one point Tehran claimed Nadarkhani's real crime was being a threat
to national security.
(source: Fox News)
****************
Mind-altering drugs given to death row prisoner Vahid Asghari, political
prisoner Hossein Asghari, and other inmates in Evin prison
According to recent reports from Evin prison’s Ward 350, authorities in the
prison’s medical clinic are engaging in abusive practices against inmates,
including the improper administration of mind-altering medication.
The clinic has reportedly stopped administering medications to some prisoners
with prescribed medical needs, while other prisoners are given large doses of
drugs that can result in serious mental side effects.
One such case involves Iranian blogger Vahid Asghari, who along with
Iranian-Canadian Saeed Malekpour was recently sentenced to death for the
management of ‘anti-Islamic’ websites.
Evin prison authorities committed 24 year old Asghari to Aminabad psychiatric
hospital in Tehran for two weeks. During that time, Asghari was handcuffed and
his feet were shackled.
According to former cellmates, Asghari recounted that in Aminabad, he was
handcuffed, shackled, and insulted when allowed to use the toilet and bathroom
facilities. Further, toilet trips were taken in a group.
When he was released from Aminabad, Asghari was transferred back to Evin
prison’s Ward 350 in handcuffs and shackles. The continuous nature of these
physical restraints has reportedly had a deleterious effect on Asghari’s mental
health.
The doctors in Evin prison’s clinic have reportedly prescribed numerous
medications to Asghari that he must take every night before bed. The medication
has had a further negative effect on his mental health. Now, as a direct result
of his treatment by prison authorities, Asghari, a university student who was
in sound health at the start of his imprisonment, suffers from mental illness
that needs special and urgent medical care.
According to Asghari’s former cellmates, the severe mental and physical torture
Asghari was subjected to means he cannot go back to ‘normal’ life even if he is
released.
Hossein Asghari, another political prisoner in Evin prison’s Ward 350, has been
given heavy doses of tranquilizers during his incarceration at Evin prison. The
medication has severely compromised his mental health. He is now addicted to
the medication and faces severe health problems on account of taking drugs not
authorized by a medical doctor.
Asghari was arrested on charges of espionage in 2006 and sentenced to seven
years and three months of ‘Tazir’ imprisonment (for crimes that do not have a
specific codified duration of imprisonment in law). Despite having already
served five years of his sentence and suffering from severe mental and physical
health problems, Asghari has never been granted conditional release. In
addition to the mental health problems he suffers from, Asghari suffers from
teeth and gum infections for which he has not been given adequate medical
treatment.
(source: Iran Human Rights Documentation Center)
BANGLADESH:
21 Bangladeshis on death row abroad
At least 21 Bangladeshis are facing death sentence and 31 undergoing trial for
murder in 6 Middle Eastern and Southeast Asian countries - Bangladesh's major
labour markets.
The cases involve 43 murders, including those of 28 Bangladeshis, over trading
of visas and involvement in "immoral" activities, according to reports sent by
Bangladesh missions abroad.
Under the Middle Eastern nations' strict Islamic Sharia laws, death penalty is
imposed for murder.
A convict, however, can escape death only if the victim's family pardons him.
"Execution of Bangladeshis abroad hurts the image of the country and can affect
its overseas employment sector," said Dr Zafar Ahmed Khan, secretary of the
expatriates' welfare and overseas employment ministry.
Besides, it is the state's responsibility to ensure legal support to its
expatriate citizens, he pointed out.
Considering its damaging effects on the country's labour market, the government
is trying to arrange compromises between the families of the victims and the
convicted, said officials at the Bureau of Manpower, Employment and Training
(BMET).
Mohsin Chowdhury, director (welfare) of BMET, said many workers do not even
know the laws of the foreign countries they work in. "We are now briefing job
seekers about foreign laws before they fly off abroad."
Contacted, Prof Imtiaz Ahmed of the international relations department at Dhaka
University, said though arranging clemency for the convicts is the immediate
task now, the government must be cautious about ensuring that no criminal goes
abroad with a job.
There are allegations of serious irregularities in the visa-related issues of
the migrating workers, he maintained. "If that is so, the government has to
deal with it strictly."
The DU teacher stressed signing extradition treaties with the labour-importing
countries to make way for trying the accused at home.
The execution of eight Bangladeshis in Saudi Arabia in October last year
sparked criticism at home and abroad. Many said the government had made no
sincere efforts to save its citizens from being executed for killing an
Egyptian.
Expatriate Bangladeshis send home US$12 billion a year, around 13 percent of
the country's GDP, according to Bangladesh Bank data.
CASES BY COUNTRY:
UAE
In the United Arab Emirates, 5 are convicted in 3 cases and 25 are undergoing
trial.
The government's initial efforts for arranging compromises for 2 convicts -
Harunur Rashid and Shahabuddin of Chittagong - have failed.
The Bangladesh mission in Dubai has sought a month's time from a Dubai court to
arrange pardons.
SAUDI ARABIA
There are 5 convicts and three accused in this Middle East country.
A Pakistani victim's family has agreed to show mercy to Akhtar Hossain of
Chittagong in exchange for money. The Saudi government has agreed to pay the
money for Akhtar as he is poor, BMET officials said.
KUWAIT
The 7 convicts in 3 cases are Alim of Jamalpur, Tabibur Biswas of Magura,
Makbul of Brahmanbaria, Rinu Mia of Brahmanbaria, Iqbal Hossain and Ridoy of
Munshiganj, and Ramzan of Comilla.
A process is on for arranging pardons for them.
BAHRAIN
A court has rejected the appeal of convict Russel, son of Mizanur Rahman of
Uttara in the capital. The government is trying to arrange mercy for him.
SINGAPORE
Though Kamrul Hasan of Tangail has been convicted of killing an Indonesian
woman, he has denied seeking mercy, claiming that he is innocent. He has
requested a reopening of the trial in the Supreme Court.
MALAYSIA
A court has convicted Shamim Reza of Pabna and Masud Rana (address could not be
known). They have appealed against their convictions.
(source: Yahoo News)
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