Dec. 11
EUROPEAN UNION/GAZA:
EU Missions Condemn Death Sentence Issued in Gaza
The EU Missions in Jerusalem and Ramallah condemned Wednesday the death
sentence issued by the Hamas authorities in Gaza on Sunday and their
confirmation of an earlier death sentence passed on Thursday, according to a
press statement.
The Missions called on Hamas to "refrain from carrying out any executions of
prisoners," stressing the EU's strong opposition to the use of capital
punishment.
"The EU considers that abolition of the death penalty contributes to the
enhancement of human dignity and the progressive development of human rights,"
said the Missions. "It considers capital punishment to be cruel and inhuman,
that it fails to provide deterrence to criminal behavior, and represents an
unacceptable denial of human dignity and integrity."
Hamas in Gaza condemned the 2 to death after it found them guilty of murder and
other charges.
While the death penalty is also allowed in the West Bank pending laws to
abolish it, carrying out execution requires approval of the president of
Palestine. However, since Hamas' breakaway from the Palestinian Authority, it
has carried out executions without the president???s approval.
(source: WAFA)
INDIA:
Pune rogue bus driver awarded death for killing 9
A Pune court reiterated its verdict Wednesday and awarded death penalty to a
state transport bus driver acused of killing 9 people and injuring 37 others as
he sped through the city's streets last year, a legal official said.
The ruling was given by Pune Additional Sessions Judge V.K. Shevale, who
finally disposed of the sensational case.
The accused, Santosh Mane, 36, was given the death penalty in April this year
on the same charges by the same court. The death penalty was referred to the
Bombay High Court for confirmation.
However, when the case came up in September, the Bombay High Court referred it
back to the Pune Sessions Court as Mane pleaded that he had not been given a
proper hearing in the lower court.
"The Pune Sessions Court gave him full opportunity to defend himself and also
have his say on the sentence, whether he wanted to re-examine any witness to
reduce his sentence," Public Prosecutor Ujjwala Pawar told IANS shortly after
the verdict was pronounced Wednesday afternoon.
Pawar said in the past few months, Mane, a driver with Maharahstra State Road
Transport Corporation (MSRTC), also underwent three check-ups at the mental
hospital and all his reports were absolutely normal.
"He also did not deseve the benefit of insanity as he was mentally stable at
the time of the incident and during the trial. The death penalty case will
again go to the Bombay High Court for confirmation," Pawar added.
During the hearings in the trial, the lawyer for the accused pleaded that Mane
was under the influence of black magic, but Additional Sessions Judge V.K.
Shevale ruled that the claim does not come under "hallucination".
Holding that Mane is responsible for the deaths of 9 innocent persons, Judge
Shevale found him guilty of murder and awarded the death penalty as the case
fell in "the rarest of rare category".
Indicating that Mane was not insane, the judge observed that he mowed down only
people and did not ram the bus into objects.
Around 8.15 a.m. Jan 25, 2012, Mane hijacked an empty Pune-Satara-Pune bus at
the Swargate ST Depot and zoomed off, driving at a high speed on the wrong side
of the road, catching oncoming peak morning traffic and people unawares.
His high-speed drive lasted over nearly 25 km, during which he rammed
stationary and moving vehicles, besides running over many pedestrians. He was
later nabbed by police.
After his conviction by the Pune sessions court, Justice P.V. Hardas and
Justice P.N. Deshmukh heard the matter for confirmation of the death sentence.
Mane pleaded before the high court that he was not given a hearing by the trial
court on the sentencing, which the Bombay High Court upheld.
Accordingly, it transferred the case back to Pune sessions court to grant Mane
an opportunity to be heard on the point of the death sentence, as "it would be
proper and just".
(source: Newstrack India)
PHILIPPINES/SAUDI ARABIA:
Binay renews call for kabalen blood money
Vice President Jejomar Binay appealed to Filipinos to help in raising the blood
money to save overseas Filipino worker (OFW) Joselito Zapanta from the death
row.
Zapanta, a native of Cabalantian, Bacolor town, may be executed in January if
the blood money being demanded by the victim's family is not raised immediately
as the deadline has already lapsed, according to the Vice President.
"I would like to take this opportunity to appeal to our kababayans as the
victim???s family is now becoming insistent. We fear that the execution may
happen on January if the blood money is not paid," the Vice President stated.
Zapanta is currently in death row in Riyadh, Saudi Arabia after he was
convicted for killing Imam Ibrahim, a Sudanese national.
Ibrahim's family originally demanded SAR 5 million for the execution of a
tanazul or affidavit of forgiveness and prevent the imposition of the death
penalty, but later reduced the amount to SAR 4 million.
The original deadline for the payment of the blood money was set on November
12, 2012, but was extended to March 12, 2013. A second extension was granted,
with the deadline moved to November 3.
The Philippine government has raised around SAR 520,831 for Zapanta's blood
money.
Binay said he believes that if Zapanta is able to present a higher amount than
what has been currently raised, the victim's family might reconsider and accept
the offer.
"We are appealing to everyone to help us in increasing the amount we have
raised as the original amount was deemed too small by the victim's family. They
may agree to accept the blood money and pardon Mr. Zapanta if we increase the
amount we are offering them," Binay said.
Donations may be made to the Riyadh Philippine Embassy's sub-account for
Zapanta in the Saudi Hollandi Bank: Account Number 037-040-790-022,
International Bank Account Number (IBAN): SA 61-5000-0000-0370-4079-0022, Swift
Code: AAALSARI
(source: Sun Star)
BANGLADESH:
Bangladesh court stays execution of Abdul Kader Mullah Abdul Kader Mullah
denied all the charges against him
The Supreme Court in Bangladesh has stayed the execution of an Islamist leader,
Abdul Kader Mullah, following a last-minute appeal, his lawyers say.
Lawyers for Abdul Kader Mullah say the hanging was halted pending a hearing at
10:30 on Wednesday (04:30 GMT).
In February he was convicted by a special court of crimes against humanity
during the country's 1971 war of independence from Pakistan.
The senior leader of the Jamaat-e-Islami party denies the charges.
The Jamaat-e-Islami Assistant Secretary General had been scheduled to be
executed at Dhaka Central Jail at 1 minute past midnight on Wednesday morning.
But a Supreme Court judge agreed a stay of execution after he was petitioned by
defence lawyers, who said the Bangladesh government had made preparations to
execute Mullah without completing all necessary legal procedures.
The Bangladeshi government had tightened security ahead of the scheduled
execution, but that did not prevent demonstrations in parts of the country.
Police said a protester was shot dead on Tuesday after Jamaat supporters threw
petrol bombs at police officers in the southern town of Feni.
Jamaat activists also set vehicles alight and threw petrol bombs in the
capital, Dhaka, and the port city of Chittagong.
But hundreds of supporters of the special court also gathered in Dhaka on
Tuesday, where they chanted calls for Mullah's execution to be carried out.
Human rights groups had warned that by executing Mullah without giving him an
opportunity for a review, Bangladesh could be breaking international law.
His trial earlier this year sparked protests from Jamaat supporters who accused
the government of pursuing a political vendetta, which has resulted in the
imprisonment of several of the party's senior leaders.
Security outside the Dhaka Central Jail had been tightened ahead of the planned
execution
Mullah, who denied all the charges against him, was accused of being a member
of a shadowy force called al-Badr during the war of independence.
It is a force which Jamaat, which was opposed to breaking away from Pakistan in
1971, is alleged to have created.
Al-Badr is accused of the kidnapping and murder of more than 200 Bengali
intellectuals in the dying days of the war.
Mullah was also accused of being behind a series of killings including
massacres in the Mirpur area of Dhaka, which earned him the nickname of
"koshai" or butcher of Mirpur and made him one of the more feared Jamaat
leaders.
Mullah was convicted in February and initially sentenced to life imprisonment,
but in September the Supreme Court increased that to the death penalty.
Then, on 8 December, the war crimes court ordered prison authorities to proceed
with the execution.
The special court was set up in 2010 by the current Bangladeshi government to
deal with those accused of collaborating with Pakistani forces who attempted to
stop East Pakistan (as Bangladesh was then) from becoming an independent
country.
But human rights groups have said the tribunal falls short of international
standards.
(source: BBC News)
***************
Bangladesh halts execution of opposition leader Tuesday
A senior judge on the Bangladesh Supreme Court halted the scheduled execution
of an opposition leader until at least Wednesday as his attorneys sought a new
review of the case, a defense lawyer said. The execution of Abdul Quader
Mollah, convicted of war crimes, had been scheduled to take place at 1 minute
past midnight Tuesday. But defense lawyers went to the home of judge Syed
Mahmud Hossain and sought a postponement, said Sazzad Ali Chowdhury.
"We have got that order," Chowdhury said. "Now the execution will remain halted
until 10:30 a.m. on Wednesday," he said. Chowdhury said the postponement meant
they could now file a petition with the Supreme Court to review the verdict.
The execution would be the 1st in special trials begun by Prime Minister Sheikh
Hasina in 2010 of suspects accused of crimes during the nation's war of
independence against Pakistan in 1971. The government says Pakistani soldiers,
aided by local collaborators, killed 3 million people and raped 200,000 women
during the 9-month war.
Inspector General of Prisons Mainuddin Khandaker had said Mollah, of the
opposition Jamaat-e-Islami party, would be hanged shortly after midnight at
Dhaka's Central Jail. Deadly clashes have followed court verdicts against 6
other current and former officials of the Islamic party, an ally of the main
opposition Bangladesh Nationalist Party, and extra police were stationed in the
capital to head off any violence. Paramilitary guards were on standby across
the country as well.
Mollah's party and the Bangladesh Nationalist Party say the trials are
politically motivated in an attempt to weaken the opposition. International
human rights groups have raised questions about the impartiality of the
tribunal. Authorities have denied the allegations.
On Monday, New York-based Human Rights Watch urged the government to halt
Mollah's execution. Mollah was found guilty by the special tribunal in February
and sentenced to life in prison. The Supreme Court then changed the penalty to
a death sentence in September, triggering deadly clashes and a nationwide
general strike.
Junior Law Minister Quamrul islam said prison authorities read the death
warrant to Mollah on Tuesday afternoon and asked him if he wished to seek
presidential clemency but he did not seek that.
(source: Associated Press)
*************
A day to save Bangladesh
Bangladesh may now be only a day away from an intractable crisis. Abdul Quader
Mollah, the assistant secretary-general of Bangladesh's Jamat-e-Islami party,
could face execution in a hastily arranged, behind-closed-doors, execution.
Sources within the country now suggest the execution will take place
immediately after a U.N. Delegation depart on Tuesday. It could precipitate a
further reaction on the streets from the country's principal Islamic Party,
Bangladesh Jamaat-e-Islami, who has seen much of their leadership engulfed by
highly disputed trials at the country's International Crimes Tribunal. It would
not be hyperbolic to say that the execution of Mollah could create an
irreversible chasm between the Bangladeshi government and a significant portion
of its people. With already disputed elections less than a month away, Mollah's
death would light the touch paper for civil unrest throughout the country,
despite Jamaat's call for peaceful demonstrations.
It now seems we are entering the final chapters of a tawdry and shameful
episode for Bangladesh. Its International Crimes Tribunal was set up to bring
justice to the victims of the 1971 Independence War. However, it is now very
clear the Awami League government of Sheikh Hasina hijacked the process so it
could destabilize its opponents under the guise of "justice." Month after
month, more scandals have emerged from the court. A defense witness was
abducted, leaked communications showed systematic collusion between the judges,
prosecutors and outside actors, while stories of gross obstructions of defense
teams emerged from the court on a weekly basis.
Expressing dismay
International legal experts expressed dismay at a risible court masquerading as
an "international" war crimes trial. As the government ploughed head on with
repeated death sentences, it was clear it was the political or religious
affiliation of the defendants that determined their innocence.
It is perhaps fitting that the case that risks plunging Bangladesh into the
political mire was also one of its most flawed. Originally, Abdul Quader Mollah
was convicted and sentenced to life imprisonment. This was before the prime
minister rushed through an amended law that would allow the prosecution to
appeal against an inadequate sentence and seek the death penalty. Simply put,
the government interfered with a judicial process to ensure Mollah could be
executed. Meanwhile, Sheikh Hasina promised in parliament that she would make
direct representations to the judges to make sure they fully understood their
new responsibilities.
This retroactive changing of the law makes the repeated claims of the
government, including senior cabinet members, that the tribunal should be
upheld up as an international standard completely laughable. The move was a
startling challenge to the fundamental separation between the executive and
judiciary. It was also a severe blow to the credibility of both the tribunal
and the government at both home and abroad.
"The evidence that convicted Mollah was also representative of the systematic
and repeated injustices handed out to the defendants at this tribunal"
The evidence that convicted Mollah was also representative of the systematic
and repeated injustices handed out to the defendants at this tribunal. The
charge for which Mollah received the death penalty was based on the evidence of
one witness. There were 2 prior inconsistent statements in which the witness
claimed not to have been present. Her evidence before the tribunal that she was
present and witnessed the incident was therefore highly skeptical. But in a
court where the evidence fits the charges, it was sadly of little surprise the
prosecutors and judges would manipulate and abuse this quasi-evidence without a
modicum of examination. It has also emerged that the person who gave evidence
at Mollah's trial and whose evidence has sent him to the gallows, may not even
be the person named on the statement, but an impersonator fully prepared by the
authorities to give false evidence. The tribunal judges refused to hear
evidence of previous statements, but acquitted Mollah of this charge. However,
the judges of the Appellate Division of the Supreme Court, 2 of whom were
alleged to have demonstrated bias by the defense, convicted him and condemned
him to death.
Preparing for death
Within hours of the final judgment on Dec. 5, 2013, Mollah was moved to Dhaka
Central Jail to prepare for his execution. Ordinarily there is a certain
procedure to follow in these cases, most importantly the Jail Code, which
prohibits the carrying out of an execution within 21 days of the delivery of
the certified judgment being handed down. However there have already been
statements by members of the government that this execution will be carried out
quickly. Now information has been received that a secret execution, in order to
prevent unwarranted media attention, will be carried out on Tuesday hours after
the departure of the U.N. delegation. The order to execute has come, it would
appear, from the PM herself.
This is of course deeply disturbing. Yet, it is perhaps unsurprising. The
current Awami League Government has ridden roughshod over every respected legal
opinion, and callously manipulated the emotional scars of the past for its own
ends. However, it has been a futile exercise. Where a properly supervised
tribunal could have started a process of national reconciliation, Hasina has
created a chasm within Bangladeshi politics and society that, at the moment,
seems impossible to breach. It has also galvanized the political opposition in
the face of a leadership that has proven itself incapable of wanting to govern
for all Bangladeshis, but rather plough head on in its vicious attempt to hold
onto power, come what may.
The tribunal has now issued a warrant of execution and execution is imminent.
Mollah and his family must now hope that the international community can make
representations to halt his execution, or that a Presidential Pardon arrives.
Let us hope that as Bangladesh teeters on the edge, common sense prevails. If
not, we will witness the beginnings of a dark chapter that one would not wish
upon any nation. But, if intervention works, and the sentence is stayed, it may
be the beginning of the end of this tragic farce, and the roots of a more
sensible and inclusive leadership in Bangladesh.
(source: Toby Cadman is a barrister specializing in war crimes, international
terrorism, extradition and human rights. He has been senior legal counsel to
the chief prosecutor of the Bosnian war crimes chamber, and defense counsel at
the Bangladeshi war crimes tribunal; Al-Arabiya)
*********************
Australia concerned over Mollah execution
Australia has expressed its concern about the planned execution of Abdul Quader
Mollah.
"Australia notes the concerns recently expressed by the United Nations special
rapporteur on independence of judges and lawyers and by the special rapporteur
on summary executions regarding the lack of opportunity for appeal or review of
the sentence."
Australia calls on Bangladesh to address these concerns before taking the
judicial process further, a statement issued by the Australian High Commission
in Dhaka said today.
"Consistent with Australia's universal opposition to the death penalty,
Australia also calls on Bangladesh to establish a moratorium on the death
penalty," it said.
Australia calls on Bangladesh to address these concerns before taking the
judicial process further, a statement issued by the Australian High Commission
in Dhaka said today.
"Consistent with Australia's universal opposition to the death penalty,
Australia also calls on Bangladesh to establish a moratorium on the death
penalty," it said.
(source: The Daily Star)
_______________________________________________
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
