Feb. 4
JAPAN:
Supreme Court nullifies 2 death sentences handed down in lay judge trials
The Supreme Court has upheld two separate high court rulings that overturned
death sentences handed down in lay judge trials to 2 men facing robbery-murder
charges, sources said Wednesday.
The high courts commuted the sentences of the 2 men to life in prison as they
thought capital punishment was too heavy.
It is the 1st time a death penalty issued by a panel involving citizen judges
has been nullified by the Supreme Court since the lay judge system was
introduced in Japan in May 2009 to reflect "common sense" in criminal trials,
which have often been criticized for being difficult to comprehend and out of
touch with popular sentiment.
On the latest decision reached Tuesday, the top court said a death sentence is
"an ultimate punishment that takes the defendant's life" and judges "need to
carefully consider it and show concrete evidence" that the punishment cannot be
helped.
"It has no meaning to compare in detail (the cases) with legal precedent in the
past, but we have to give sufficient consideration so that they will not be
treated unfairly,??? the top court said, adding that there is a need to balance
judgments between professional judges and ordinary citizens.
All 3 judges of the No. 2 petty bench of the Supreme Court reached the same
conclusion, the sources said.
The 2 cases involved the murder of a 74-year-old man in an apartment in Tokyo's
Minamiaoyama district in November 2009, and the murder of a 21-year-old
university student at her home in Chiba Prefecture in October 2009.
The Tokyo and Chiba district courts sentenced the two men to death in 2011, in
separate lay judge trials. But the rulings were overturned in 2013 by the Tokyo
High Court, where the cases were examined only by professional judges.
As for the murder case in Tokyo, the Supreme Court took note that the district
court attached weight to the defendant's previous criminal record, in which he
killed his wife and child following a quarrel, but said it "did not have much
to do" with the 2009 murder.
It also said it cannot agree to render a death sentence on the defendant
charged with the murder in Chiba even though he had a criminal record of
robbery in the past and repeated similar crimes immediately after he served his
term.
"It was only 1 person who was killed and the murder seemed not premeditated. It
is difficult to cite (his behavior) as the reason to choose the death penalty,"
the top court said in remarks that are in line with conventional judgment
standards.
A total of 22 death sentences have so far been handed down in lay judge trials,
which is overseen by a panel of 3 professional judges and 6 ordinary citizens.
(source: Japan Times)
CARIBBEAN:
CCJ president says the court is not a hanging court
President of the Trinidad-based Caribbean Court of Justice (CCJ), Sir Dennis
Byron says the CCJ should not be viewed as an institution that will allow for
the execution of the death penalty.
"We are a court of justice and we will be dealing with the law as it exists and
the constitutional rights of our citizens as set out in our respective
constitutions," Sir Dennis told the Antigua Observer newspaper.
The CCJ, established in 2001 to replace the London-based Privy Council as the
region's final court, also acts as an international tribunal interpreting the
Revised Treaty of Chaguaramas that governs the 15-member regional integration
movement.
The CCJ has both an Original and Appellate jurisdiction with only Barbados,
Guyana and Belize being the signatories to the latter. Dominica has said it
will join the court later this month.
The newspaper noted that with crime spiraling out of control in some Caribbean
countries, some governments desperate for a solution are debating the
imposition of the death penalty.
But Sir Dennis told the Observer newspaper that it is the law, and not
politicians, that will determine the use of the death penalty by the CCJ.
The last execution in the Caribbean took place in St Kitts-Nevis in 2008.
(source: Kamaica Observer)
PAKISTAN:
LHC upholds sentence of 2 convicts in murder of 7 persons
A Lahore High Court division bench on Wednesday upheld death penalty of 2
convicts involved in killing of 7 persons.
The division bench dismissed appeals of convicts, Zulifqar and Fida while
upholding their sentence. During the hearing, the petitioners' counsel arguing
before the court submitted the trial court awarded the sentence to the accused
despite lack of evidence. He pleaded the court to set aside their sentence.
However, the prosecution opposed the request submitting that the accused killed
7 persons and solid evidence was available against them. The bench after
hearing arguments of both the parties dismissed the appeals. Zulifqar, Fida and
Abad killed 7 persons including Yaqoob, Asghar, Muhammad Rafi and Amjad who
were carrying jewellery items from Sheikhupura to Gujranawala in 2009.
Anti-Terrorism Court awarded death penalty on 7 counts to the accused in 2010.
It is pertinent to mention that the accused Abad had already died in jail.
(source: Daily Times)
GERMANY/EGYPT:
German Government concerned about death sentences against 183 defendants in
Egypt
A Federal Foreign Office spokesperson issued the following statement in Berlin
today on the confirmation of the death sentences against 183 defendants in
Egypt:
The German Government is deeply concerned about the verdict by an Egyptian
court of first instance that sentenced 183 people to death following a mass
trial. It is our clear expectation that the sentences will not be carried out.
Each and every defendant must be given a fair trial in accordance with
internationally recognised standards.
Germany is opposed to the death penalty as an inhumane form of punishment.
Background information:
On 2 December 2014, the court in Giza issued a preliminary verdict, sentencing
188 people accused of terrorism, murder and possession of arms to death. They
are accused of involvement in an attack on a police station in August 2013 that
killed 11 police officers and 2 civilians.
In cases of death sentences, a recommendation by the Grand Mufti is required
before the court's verdict becomes legally binding. The court has now confirmed
183 of the original 188 death sentences. The verdict can be appealed.
The defendants originally included 2 deceased persons and one minor. At least
43 of the defendants were tried in absentia. The minor defendant was sentenced
to ten years in prison.confirmed contributions to continue its assistance.
(source: Federal Foreign Office, Federal Republic of Germany; starafrica.com)
IRAN:
Iran calls for execution of opponents at home and abroad
Iran regime has called for the execution of anyone at home and abroad who
opposes the clerical regime.
Iranian daily paper Kayhan - the mouthpiece of Supreme Leader Ali Khamenei -
said those deemed 'corrupt on earth' should be 'harshly, severely and
humiliatingly punished and killed'.
Openly calling for terrorism abroad, Kayhan wrote: "Carrying out the sentence
of God against them is not restricted to any time or place and should be
carried out even if they have escaped the country.
"Those who fabricate news and spread rumors threaten society and the Islamic
system with psychological warfare, and much like the Monafeqin (Regime's
derogatory name for its main opposition, the PMOI), they damage Islamic society
from within.
"Those political currents and media that disseminate rumors should be
suppressed and annihilated. They are corrupters of the earth and spilling their
blood is permitted. They may no longer be safe in their lives and the people
must banish them and not allow them to have any links with Islamic society.
They should be harshly, severely and humiliatingly punished and killed."
The paper continued: "Carrying out the sentence of God on the seditionists who
fight the truth is not restricted to any time, place or border and the passage
of time does not affect it. They should have no safe haven. Thus, seditionists
who escape outside the country should not be spared. Moreover, all people
should join in to arrest them."
But Kayhan also acknowledged the 'feeble and unstable state' of the mullahs'
regime and admitted to its fear of any kind of freedom of expression and the
'role of the media in creating instability'.
It added: "Those who disseminate rumors cause fear and anxiety in society and
through their fabrications create instability."
The Mullahs' Caliphate in Iran as the godfather of ISIS and terrorism under the
veneer of Islam distort the Koran's verses to create terror and fear amongst
dissidents inside and outside the country without recognizing any borders.
The Iranian Resistance draws the attention of the international community and
all international bodies in defense of human rights and those countering
terrorism to confront the Iranian regime???s new wave of suppressive measures
and its calls for terrorism inside the country and abroad.
(source: NCR-Iran)
JORDAN:
Dispatches: Jordan's Executions Are Not the Answer to ISIS Brutality
The brutal murder of Jordanian pilot First Lt. Muath al-Kasasbeh by the
extremist group Islamic State (also known as ISIS) set off a wave of outrage
and sadness across Jordan, sparking calls in the streets and media for revenge.
Jordanian authorities responded quickly. The army vowed that al-Kasabeh's
"spilled blood will be avenged and the punishment that will be inflicted ...
will be proportionate to the magnitude of the tragedy." Jordan's government
spokesman promised the response would be "swift" and "devastate [ISIS's]
ranks."
At about 5:00 a.m. on February 4, only hours after the release of the ISIS
video showing al-Kasasbeh's killing, Jordan executed two Iraqis, both long-term
death row inmates affiliated with Al-Qaeda in Iraq (AQI), the precursor group
to ISIS. Sajida al-Rishawi had been sentenced to death for her role in the 2005
Amman hotel bombings that killed 60 people. Ziad al-Karbouli had been sentenced
to death for killing a Jordanian truck driver in Iraq in 2007, and was
allegedly a top aide to the late AQI leader Abu Musab al-Zarqawi.
While the government's desire to address public outrage is as understandable as
the outrage itself, executing death row prisoners does not weaken ISIS. This
round of executions, the 2nd in 2 months, is a further regression by a country
that was until recently a regional leader in resisting use of the death
penalty. On December 21, Jordan ended an 8-year de facto moratorium on
executions by hanging 11 men convicted of murder. In that case as well,
authorities cited public sentiment as the reason behind the executions.
The executions of al-Karbouli and al-Rishawi were carried out following trials
that included an appeals process. But to dispatch them from death row to the
gallows immediately following news of al-Kasasbeh's murder, to which they had
no connection, amidst official vows to avenge his death, shows that revenge was
a motive in ending their lives. Human Rights Watch opposes capital punishment
under all circumstances, as a practice unique in its cruelty and finality. But
to execute death row inmates in response to external events alarmingly suggests
that retaliation against third parties is driving policy, rather than justice
based solely on fairness and individualized guilt.
(source: Human Rights Watch)
***********************
EU chides Jordan for hangings after pilot killed
The European Union combined a statement of solidarity with Jordan over the
killing of one of its military pilots by Islamist fighters with criticism of
its immediate execution of 2 Iraqi jihadists.
"While all efforts must be made to counter terrorism and hold the perpetrators
accountable, our reaction to the threat posed by (Islamic State) needs to be
consistent with our common values on justice and the rights of prisoners,"
foreign policy chief Federica Mogherini said in a statement on Wednesday.
"Our action has to be guided by the respect of international human rights law
and humanitarian law. The European position against death penalty remains
unchanged and we believe capital punishment does not serve any deterrent
purpose."
Condemning the killing of captured F-16 pilot Mouath al-Kasaesbeh, she praised
Jordan's role in the "front line in the battle" against Islamic State and
taking in refugees from Syria and Iraq.
On Wednesday, Jordan hanged Sajida al-Rishawi, an Iraqi woman who took part in
suicide bomb attacks 10 years ago, and a senior al Qaeda prisoner, Ziyad
Karboli, also an Iraqi.
(source: Al Arabiya)
INDONESIA:
Indonesian courts reject Bali 9 judicial review --- Courts turn down
application for review into cases of Australians Andrew Chan and Myuran
Sukumaran, who face execution
2 Australians convicted of drug trafficking in Indonesia have lost their final
chance to appeal against their death sentences after an Indonesian district
court rejected an application for their cases to be reviewed.
Lawyers for Andrew Chan and Myuran Sukumaran applied on Friday for a 2nd
judicial review of their case, examining past errors of the law and their
transformation after more than a decade in jail.
Hasoloan Sianturi, the Denpasar district court spokesman, told reporters the
application had been rejected.
The spokesman said after considering the documents put forward for a judicial
review, known as a PK, neither man's application could be accepted.
"The documents of that PK will not be sent to the supreme court," he told
reporters in Bali.
Chan and Sukumaran were 2 of 9 Australians - known as the Bali 9 - convicted in
2005 in Indonesia of heroin trafficking.
Indonesia's minister of law and human rights said a new regulation to be issued
in a few months would allow multiple judicial reviews but until then only 1 was
permitted, Fairfax reported.
Sukumaran and Chan now face execution by firing squad with as little as 72
hours' notice.
Last week, the attorney general, HM Prasetyo, said the 2 Australians would be
among the next group to be executed.
Planning for the executions did not pause while the PK was being considered but
by late Tuesday no date had been set, a spokesman told Guardian Australia. The
preferred location remains the island of Nusakambangan, off the coast of
central Java, where 6 executions were carried out in January.
Prasetyo told media in Jakarta some embassies had been notified that their
citizens faced imminent execution but would not say which.
The Australian embassy in Jakarta said it would not be commenting on the
matter. The office of the prime minister, Tony Abbott, has been contacted for
comment.
Sukumaran and Chan have had multiple visitors at Kerobokan prison over recent
days, including family, friends and supporters. Their legal team and
campaigners have focused on the lengths to which the 2 men have been
rehabilitated, among other legal arguments.
Sukumaran runs an art studio and classes for past and present inmates inside
the prison.
"The authorities in the jail have had such success in rehabilitating its
prisoners, now it would be real shame to end that rather than celebrate that,"
said Australian artist Matt Sleeth outside the prison on Tuesday.
A variety of groups and people have come out in support to plead for mercy for
the 2 men, including current and former Indonesian judges who have expressed
their doubts over the death penalty as a deterrent. Maruarar Siahaan, who sat
on the 2007 constitutional court panel to hear the Australians' appeal, blamed
poor enforcement for continuing drug crime.
"When the opportunity to escape detection is high, the threat of the death
penalty won't scare those who are in business of drugs," he told AAP.
President Joko Widodo, who rejected both clemency appeals, has vowed to take a
hard line against drugs smugglers in Indonesia.
Puri Kencana Putri, head of research at Indonesian human rights group KontraS,
criticised the decision.
"Both Andrew and Myuran have a right to get proper access to justice, after
more than a decade behind bars and the willingness to rectify their wrongdoing
in the past," she told Guardian Australia.
"By executing them in the near future, I'm sure the government will never
reduce the rate of drug-related offences in Indonesia."
The widespread idea of the death penalty "demonstrated a profound signal that
the Indonesian government doesn't have any roadmap enough to resolve the root
cause of ?the illicit drug trade in Indonesia", the statement continued.
She said there was no transparency or evaluation of the Indonesian narcotics
agency (BNN), which was established in 2002.
(source: The Guardian)
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