Sept. 12



INDIA:

Kasab gets copy of Supreme Court's death sentence verdict


Mumbai terror attack convict Mohammed Ajmal Amir Kasab, lodged in a high security jail here, has been given certified copy of the last month's Supreme Court verdict confirming death sentence on him, while he remained silent on filing a mercy petition.

"Kasab was given certified copy of his death sentence confirmation verdict 3 days ago on which he had signed. One copy was given to him and the other was sent to the Supreme Court," an official of Arthur Road Jail said today.

Asked if the Pakistani gunman had been explained about options before him, including moving a mercy plea, the official replied, "Kasab was told about all procedures and rights he has as a convict, including moving a mercy petition before the President, but he did not react."

When the terrorist, lodged in bomb-proof "anda cell" (egg shaped cell), was first informed about the apex court upholding his death penalty, Kasab did not appear shocked, the official added.

On August 29, the Supreme Court confirmed the death penalty awarded to the LeT operative by the trial court and later upheld by the Bombay High Court.

A Bench of Justices Aftab Alam and C K Prasad dismissed the 25-year-old's plea challenging his conviction and death sentence in the 26/11 case.

Kasab and 9 other Pakistani terrorists had landed in south Mumbai on November 26, 2008 after traveling from Karachi by sea and had gone on a shooting spree at various landmarks, killing 166 people, including foreigners.

While Kasab was captured alive, the other terrorists were killed by security forces.

The SC also upheld the acquittal of 2 Indians who were alleged to be co-conspirators in the case.

(source: The Economic Times)






IRAQ:

Iraq's Sunni VP: Shi???ite PM is Behind My Death Sentence


Iraq's fugitive Sunni vice president has denounced an Iraqi court's death sentence against him as an act of political retribution by the country's Shi'ite Prime Minister Nouri al-Maliki.

Speaking from exile in the Turkish capital, Ankara, Monday, Tariq al-Hashemi accused the Iraqi prime minister of manipulating the court to oppress him. In a ruling Sunday, the court convicted Hashemi in absentia of murdering a Shi'ite security official and a lawyer, and it handed him the death penalty. Hashemi said the rulings were politically motivated and said he will not return to Iraq to challenge them under what he called a "corrupt" judiciary.

Mr. Maliki's aides have denied that he influenced the trial.

Hashemi appealed to his supporters to respond to the verdict in a calm and civilized manner. Suspected Sunni insurgents carried out a series of deadly car bombings in Baghdad late Sunday, hours after the court's announcement. The attacks came at the end of a deadly 24-hour period in which at least 100 people were killed in bombings and shootings across the country. It was one of Iraq's deadliest days of the year.

In another attack Monday, a car bomb exploded near a restaurant in southern Baghdad, killing at least 3 people.

Iraq's Kurdish President Jalal Talabani Monday said the timing of the Hashemi verdict is "regrettable" because the vice president remains in office. He warned that the court's move may complicate Iraq's efforts to achieve national reconciliation.

Sunni leaders who support Hashemi accuse Mr. Maliki's government of trying to sideline them from a power-sharing arrangement meant to guard against the sectarian violence that continues to plague Iraq.

(source: Voice of America)






IRAN----executions

1 man hanged in public in Tehran today- His last words before death: "I'm Innocent"


1 man was hanged in public in Tehran early this morning.

According to the state-run Iranian news agency Fars, the man was 27 years old and identified as Sadegh Moradi, also known by the media as Black Scorpion. He was convicted of raping four women and kidnapping and stealing from 14 other women, said the report.

Sadegh Moradi had previously been exonerated from the rape charges and sentenced to 10 years in prison. But, the decision was met with protests and the case was sent to the Supreme Court where the death sentence was reinstated.

Prior to the execution, Sadegh Moradi???s brother told reporters that the family had been unable to meet with Sadegh in more than a month , and despite waiting outside Evin Prison until 2:00am last night, they were not permitted to meet with him for the last time.

According to eye witnesses and various other reports, before he was executed Sadegh Moradi said: "I am innocent." He was hanged at 6:06am at Sabalan Square in Tehran.

Another man was hanged in public in Shahroud, northern Iran, yesterday.

In a previous statement Iran Human Rights (IHR) had condemned public executions. The spokesperson for IHR, Mahmood Amiry-Moghaddam, called public hangings "barbaric punishments meant to spread fear among the people and promote a culture of violence in society."

********************

1 man hanged in public today -- Another man to be hanged in public Tomorrow


1 man was hanged in public in the city of Shahroud, northern Iran.

According to the official website of the Iranian Judiciary in the province of Semnan, 1 man was hanged publicly in Shahroud today, Monday September 10. According to the report, the man, 35, identified as "H. A", was convicted of sodomy and rape.

Iranian news agencies reported that a man, identified as Sadegh Moradi, will be hanged in public in Tehran on September 11. According to the reports, Moradi -- also known by the Iranian media as "Black Scorpion" -- is convicted of the kidnapping and rape of 30 women.

Iran Human Rights (IHR) recently warned the international community that the number of executions in Iran may increase in September. According to official and unofficial reports, at least 17 people have been executed so far in September.

The number of public executions in Iran has increased dramatically in the past 3 years. It is believed that the Iranian authorities use the death penalty as an instrument to spread fear among the people.

(source for both: Iran Human Rights)




SAUDI ARABIA----executions

Saudi beheads four over separate crimes


Saudi Arabia beheaded 4 people on Tuesday, including 3 of its citizens and a Palestinian after they were found guilty in separate cases, the interior ministry said.

The kingdom executed 2 citizens in the southwestern city of Jizan after they were convicted of armed robbery, the ministry said in a statement published by SPA news agency.

"Mohammed bin Ahmed Kharmi and Musa bin Mohsen Kharmi lured a man and opened fire on him," the ministry said, adding the victim, whose identity was not disclosed, was wounded.

The pair "stole the money he was carrying which belonged to the company he works for," said SPA. They were sentenced to death "due to the danger of their crime."

In a separate statement, the ministry said a Palestinian identified as Wael Anbar was beheaded in the Red Sea city of Jeddah for stabbing to death a Yemeni, Naser Haqqash.

Later on Tuesday, SPA quoted a 3rd statement saying that Saad al-Mansuri, a Saudi, was beheaded in the central city of Buraida after he was convicted of shooting dead a fellow citizen, Munif al-Maqati, with a machinegun "following a dispute between the 2."

The beheadings bring to 57 the number of people executed in Saudi Arabia so far this year, according to an AFP tally based on official reports.

Amnesty International puts the number of people executed in the Gulf country last year at 79.

The death penalty is handed down in Saudi Arabia for a wide range of offences including murder, rape, apostasy, armed robbery and drug trafficking, as stipulated by Islamic sharia law.

(source: Agence France-Presse)






GAMBIA:

CJ Talks On the Death Penalty


The chief justice (CJ) has made his 1st public comment on the burning issue of the death penalty which came in the wake of the execution of 9 death row inmates last month, saying that the issue has not been approached from the right perspective. He said there have been so many issues about how the legal sector functions and that the government has risen up on each occasion to deal with them. The CJ stressed the importance of enforcing laws in any society, saying lack of itleads to failed societies.

Justice Emmanuel Agim was speaking Friday during the swearing-in of 3 new Judicial Service Commission members at a ceremony presided over by the vice president and minister of Women's Affairs, Aja Dr Isatou Njie-Saidy, at her office in State House.

He clarified that the sentences are not a political issue but the issue of law and that it happens in every other country stressing that The Gambia is not peculiar.

His words: "I think that the most constructive approach should be that if we feel that certain type of sentences shouldn't be in our laws, we generate a right advocacy in a right manner that we can initiate amendments of the law, to reflect what we yearn for. But so long as the law stands the way it is, it will not be right to deviate it. That certainly is not helpful to the course of governance. In governance, it is important that those who support governance should support it constructively and look at issues objectively. We may have our parochial position as human beings and that is natural, but it is important that at some point, we distinguish between our narrow interest, broad national interest and the reality.

We should implore the techniques of amendment of the law as Section 18 is very clear and I expect advocacy groups to rather appeal to the National Assembly, to consider the desirability of continuing with the death penalty. So, if you feel you want to appeal for a presidential discretion in a particular direction, it doesn't go through the process of condemnation but you go through the process of a legitimate appeal to the competent authority that has been serving with the constitutional responsibility and exercise clemency in a most sympathetic way.

I think that should have been there." The CJ recalled that President Jammeh recently raised the issue in the wake of an upsurge in crimes, particularly murder, in the country. He further stressed that criminal justice, like all aspects of justice, must respond to the changing moods of society.

He continued: "It cannot remain static just to suit certain primordial interests. Any law or its enforcement that doesn't respond to growing needs of society certainly will lose its meaning as law. We must remember what led to failed societies and societies that were brought down, which were once prosperous and strong peaceful societies and what caused their collapse, or what caused them to go into crisis that involves large violations of human rights and crimes against humanity.

We should not forget that the major cause of this was lack of effective law enforcement. Once you weaken law enforcement, the legal system will weaken and once there is weakness in the legal system, there will be a collapse of the state structure. So if people engage in corruption and the legal system is not efficient or strong enough to respond to such behaviours, you end up in a climate of impunity."

The CJ reminded the gathering that once there is a climate of impunity, there is danger for that community. "If people kill people or engage in crimes that have the potential of a large-scale destabilisation of a whole society, you now subject it to a weak legal system. So if it cannot really provide a response, then there is an impunity building up and in that case, you will have a system where people will kill people and go without any form of redress," he said.

He further stated that there is need for one to be objective and intellectual in looking at the matter, instead of just coming in an euphoric manner in one direction just to condemn it. "Yes, we might have a different political interest, but we must remember that we have a common interest, that is the interest of the people of this country and peace for The Gambia, the region and by extension the world," he added.

He expressed the Judiciary's resolve to continue working with the government at all times while expressing gratitude to the government for creating an enabling environment. "We will continue to come to government because that is how the situation demands and we are very grateful that we have a listening government," he said. The CJ explained that the judiciary as the third arm of government doesn't exist as a distinct government, but is part and parcel of government in their quest to complement both the legislature and the executive.

He continued: "It is important that people understand the role of the courts as the latter are there to decide cases according to law and the fact of the case. So, if a court sits in a criminal case, it will deal with the case based on its fact and will levy decision according to law. If an accused person is convicted, the sentence that will be passed is a sentence prescribed by law. So, if the death penalty is prescribed, the judicial officer has no business deviating from the law.

Some of the cases that have death sentences being passed are decisions that were reached according to the law. And good enough, almost all of them went on and appealed at the several levels of appellant courts and all of them failed. In that situation, what is left is for the judgment of the court to be enforced." He also used the opportunity to thank the secretary general and head of the Civil Service for the tremendous support he continues to extend to justice delivery in the country, adding that they have received more attention from him than his predecessors.

Banjul elders

Earlier on, in a similar engagement, the Council of Elders of the City of Banjul also called on the VP Njie-Saidy at her office in State House. The elders, led by Ousman OB Conateh, were at the Presidency to renew their solidarity with President Jammeh as well as appeal for clemency on behalf of the remaining death row prisoners.

Explaining their mission, OB Conateh said what the president has done is the right thing as it was the decision of the supreme laws of the country. While renewing the capital city's unending loyalty to President Jammeh and his government, OB Conateh also appealed for clemency on behalf of the remaining death row inmates. He acknowledged the numerous development projects undertaken by the leadership of the country, which have resulted in transforming Banjul, and thanked him for the move.

Aja Betty Saine, Imam Lamin Bah and Alhaji Bai Chow, all members of Council of Elders of Banjul, thanked the Gambian leader for his dynamism, generosity and love for humanity. The trio, while stressing that what happened was inline with the constitution, used the opportunity to appeal for clemency on behalf of the remaining death row prisoners.

The minister of Interior, Ousman Sonko, while thanking the Banjul elders for their move, reminded them that President Jammeh during his swearing-in ceremony, vowed to defend the Constitution of The Gambia, in order to save life and property. "The Gambia is a blessed country and people should be vigilant to report any crime to the authorities. I want to call on elders to reinforce community policing to tackle some of the negative vices in our societies," he added.

The minister of Presidential Affairs who is also the secretary general and head of the Civil Service, Dr Njogou Bah, told the Banjul elders that President Jammeh has the interest of The Gambia at heart, with a vision to ensure peace and security in the country. He thanked the elders for their continuous support to the Gambian leader in his quest to accomplish his vision.

For her part, VP Njie-Saidy commended the elders for their foresight. "This is what is expected of a good elder. I want to thank you so much for your continuous support and solidarity with President Jammeh," she said. She also spoke about the numerous developments spearheaded by President Jammeh in the city citing the new National Assembly Complex under construction. She thanked the elders once again for the move saying The Gambia is a blessed country thanks to the prayers of the elders.

********************

Nyimasata Says Executions Are Lawful


Veteran politician and Gambia's 1st elected female Member of Parliament, who is no strange personality in the country's political circle, have added her voice to the chorus of sentiments expressed in solidarity with the Gambia government, in the wake of the August 26 executions of nine death row inmates, calling the move constitutional.

Nyimasata Sanneh-Bojang, who came into prominence in the country's political scene in 1982 after being elected Member of Parliament for Kombo North under the ticket of the governing party, the Peoples' Progressive Party (PPP), was speaking Monday afternoon during an exclusive interview granted to the Daily Observer.

It would be recalled that the Ministry of the Interior, on August 27th, announced the execution of nine death row inmates carried on Sunday August 26th, 2012, following their conviction and pronouncements of death sentences by the Gambian courts of "competent jurisdiction" and further to the exhaustion of their appeals. Since that move, a lot of Gambians have been showing solidarity with the government on this issue through their local government authorities, as well as asking for clemency.

But in the words of Nyimasata Sanneh-Bojang, who has broken silence on the issue through this interview, Gambians should be saluted for their high sense of solidarity as evidenced by the regional delegations across the country that made it to the seat of the government to dialogue with the authorities at the highest level.

Sanneh, a former Health, Social Welfare and Women's Affairs minister during the Transition, emphatically stated that those executed were "killed by the constitution and not President Jammeh." She pointed out that Gambians are killed in other countries, but was quick to assert that there was never a time that she remembers the citizens making it as an issue due to what she called their belief in God that everything that happens is destiny.

"We leave such issues with our diplomatic channels to settle. The Gambia does not interfere with the laws of other countries. Though we are very small, but we are an independent country and a Republic with a constitution and institutions. I can remember that all the constitutions that we ever had, have death penalty. There was not a given time when Gambians come together to discuss about the constitution and say we want to take out the death penalty.

What I want to assert is that the whole country made the constitution through a referendum. Prior to that, Gambians were well sensitised about the constitution, which was translated into most of the local languages for understanding, thus giving chance to the people to debate on it. But there was no resistance from any corner that we should remove the death penalty," Sanneh, who was also nominated into the National Assembly by the governing Alliance for Patriotic Reorientation and Construction party, after the 2002 National Assembly elections, stated. "If somebody is killed by someone else, Gambians are God fearing enough and law abiding that they don't retaliate, but leave the law to takes its course, and whatever it decides, it is taken whole heartedly. There was no time that the law while taking its course, relatives of the victim took the law into their hands," she said.

The former lawmaker also lashes out at the Western critics, calling them to respect Gambia's sovereignty and its laws. She told them that the country has been a peaceful country from time immemorial, and has endured a lot of challenges during and after the end of colonialism. She hastened to expose the colonial hardships meted out on Gambians during those days despite citizens being patient with the imperialists.

"We were colonized by the Great Britain for 400 years - the British had done everything in the country - they enslaved us, took our ancestors and tied them together, put them in a voyage and turned into slaves outside of their country; and yet our people were tolerant and patient. That did not trigger any uprisings because we belief in God and fear Him. These were very hard times and Gambians had to struggle through the agriculture to feed themselves, but yet with all that, anything we are asked to do, we do it with the best of our abilities.

I can give an example; our Gambian brothers that were taken to Burma for the war did excellent. Even though we were underdeveloped during the colonial era, we were very loyal and obedient to the colonialists. Then came the First Republic, and with very little assistance from the international community, we were very patient and had to go through more than 30 years of that regime with little progress and development. Even the 1981 abortive coup, it was mostly the uniform men that took up arms and there were few civilians, whilst the rest of the citizens were in their compounds praying for peace.

Nyimasata Sanneh-Bojang concluded by asserting that Gambians are behind President Jammeh and his government along the way, saying they will remain resolute in the cause of defending the country.

(source for both: The Daily Observer)

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