Feb. 10
SAUDI ARABIA:
Saudi Arabia executions 'extraordinarily high' as state executes 28 people in 5
weeks ---- The Syrian man was found guilty of smuggling amphetamines
Saudi Arabia has reportedly executed a Syrian man on the same day Prince
Charles arrived in the Kingdom amid calls from campaigners to raise human
rights concerns.
The Saudi Press Agency said Abdullah Mohammed al-Ahmed was executed Tuesday in
the northwestern al-Jawf province after the Supreme Court confirmed his
conviction and sentence for smuggling amphetamines into the country.
It does not say how he was executed, according to the although methods used in
the Kingdom include beheading and firing squad. His death marks the 28th
execution in 2015 alone, according to Human Rights Watch (HRW).
Prince Charles has a good relationship with the Saudi royal family and has been
under pressure to use his trip to raise the case of Saudi blogger Raif Badawi,
who was sentenced to 1,000 lashes and 10 years in prison.
Amnesty International had expressed hope that Charles would use his unique
position to "pass on a few well-chosen words" to King Salman bin Abdul-Aziz Al
Saud and his royal hosts.
But this latest execution casts doubts as to how willing the Kingdom might be
to listen to fears over human rights abuses. King Salman oversaw his 1st
beheading just 5 days after succeeding his late brother King Abdullah.
The kingdom follows a strict interpretation of Islamic law and applies the
death penalty on crimes such as murder, rape, apostasy and witchcraft. Rights
groups have criticised executions carried out for non-lethal crimes.
He told The Independent that out of the 28 executions which occurred in January
and February 2015, 11 were for non-violent drug offences - an "extraordinarily
high" figure he condemned as "particularly egregious".
"Between 1 January and 4 August 2014, only 15 executions took place. They
finished the year on 87, and that pace has continued," he said. "If they keep
on this pace it will be a record in the context of the past 2 years."
Salman became King of Saudi Arabia last month following the death of King
Abdullah Salman became King of Saudi Arabia last month following the death of
King Abdullah Mr Coogle says he is unsure what is behind the surge in
executions. "It could be that they are trying to appear as though they are
tough on crime and willing to deliver 'justice', but I don't know. I haven???t
seen any official comments on this jump.
"The major point is that although executions are not prohibited under
international human rights law, they are strongly discouraged and they should
be reserved only for only the most serious crimes.
"It's been made clear under international human rights law that people should
not be killed for non-violent drug laws. Saudi Arabia, a member of the Human
Rights Council, is clearly flouting this."
(source: The Independent)
INDONESIA:
Bali 9: Indonesia's attorney-general dismisses challenge against president's
refusal to grant pardon
Indonesia effectively rules out any chance of two Australians being able to
save themselves from facing the firing squad for drug trafficking.
Indonesia has effectively ruled out any chance of 2 Australians being able to
save themselves from facing a firing squad, despite lawyers for the men
launching a last-ditch legal appeal.
Andrew Chan and Myuran Sukumaran have been on death row since 2006 for
organising to smuggle heroin out of Bali with 7 other Australians.
Lawyers for the men said they were planning to lodge an administrative appeal
against Indonesian president Joko Widodo's refusal to grant them pardons.
They said the president should have considered each case and not just refused
clemency for all drug crimes, as he is doing.
But Indonesian attorney-general Muhammad Prasetyo has dismissed the attempt at
another legal challenge, saying it is not possible to challenge the president.
"Clemency is a prerogative right that cannot be obstructed by anybody, can not
be challenged by anybody. It's a prerogative right," Mr Prasetyo said.
"The president has that prerogative right as the head of state and nothing can
obstruct that.
"In this republic he's the sole holder of that right. Clemency, amnesty,
abolition, rehabilitation, as the constitution stipulates. Only the president
has the authority.
"The legal process is completed. The legal venues that we have are through the
court procedures, higher court appeal, Supreme Court appeal, judicial review
and the last venue is clemency. Clemency is a special legal venue."
More than 100 Australian MPs have signed a petition urging the Indonesian
government to show mercy to the 2 Australians.
But all efforts to influence Mr Widodo have so far failed, including emotional
pleas from Chan and Sukumaran's families, and Prime Minister Tony Abbott asking
if there was anything that could be done to spare the men.
We have to respect Indonesia's sovereignty: Bishop
Foreign Minister Julie Bishop was asked about the case on commercial television
last night.
"The fact is, drug trafficking is a crime in Indonesia that attracts the death
penalty and we have to respect Indonesia's sovereignty, it's an independent
nation state with its own judicial system," Ms Bishop said.
On Monday, Sukumaran's mother Raji said she blamed the Australian Federal
Police for her son facing now death.
It was the AFP that tipped off Indonesian police about the Bali 9's plans,
meaning the men were arrested there and charged under Indonesian law.
Mr Prasetyo has now confirmed the executions will be done, as expected, at a
maximum security prison facility on Nusa Kambangan, an island off Java. But
there is still no word on when the executions will be carried out.
"I'm telling you, we haven't decided on the time, we have decided the location.
The location will be in Nusa Kambangan," he said.
Nusa Kambangan is a high security island prison, where the men would be tied to
a pole and shot by firing squad.
Earlier there was confusion within the Indonesian government over whether the
executions would be delayed.
While Indonesia informed the Australian embassy last week that it planned to
execute Chan and Sukumaran this month, Indonesia's justice and human rights
minister Yasonna Laoly said their executions could be delayed by a pressing
political situation, involving a war of sorts between corruption investigators
and the national police.
But Mr Prasetyo said that would not affect plans to execute the Australians.
A senior government source doubts the executions will be carried out this week
or next, but it is up to the attorney-general.
Once the logistics are organised Mr Prasetyo only has to give 72 hours notice
that the men are to face the firing squad.
(soure: The Independent)
KENYA:
Justice Is Served As 3 Men Are Sentenced To Death For Murdering MP
3 men were sentenced to death while 1 woman escaped death due to lack of
evidence linking her to the murder of an MP.
The 3 were sentenced for the January 2008 assassination of former Embakasi MP
Melitus Mugabe Were. Melitus who was dubbed a peacemaker met his untimely death
after he was dragged out of his car and shot as he prepared to go into his
compund.
He was said to be more reasonable when compared to other leaders during the
height of post-election violence and offered the voice of reason to his
followers, discouraging violence.
His family can now rest easy knowing that justice has been served after a judge
sentenced James Omondi, Wycliffe Simiyu and Paul Otieno to death for the murder
of Melitus.
This is a landmark ruling since although the death penalty is constitutional,
no executions have been reported.
(source: ghafla.co.ke)
SRI LANKA:
Bali 9, Capital Punishment and Sri Lanka's Policy Ambiguities
As Australia is stunned and saddened by Indonesia's adamant decision to go
ahead with the execution of 2 young Australian convicts of drug trafficking,
Andrew Chan and Myuran Sukumaran, without listening to many appeals, it is
shocking to hear from the new Minister of Justice in Sri Lanka, Wijedasa
Rajapaksa, whom I considered in high esteem as a rational person before, that
Sri Lanka would reinstate capital punishment (if necessary) to curb crime in
the country.
In the latter case, even I wondered whether there is anything intrinsically
wrong with the name Rajapaksa!
The 2 parallels remind us how inhuman or cruel our public policies still are
irrespective of the progress that we humans have achieved in science and
technology. Of course drug trafficking, murder, rape and child abuse are all
reprehensible and indications of the same ailments in society and in the
systems of governance. It is also an established fact that most of those who
indulge in crime and violence are those who are closer to or part of the power
structures in society whether in developing or developed countries. Sri Lanka
is a good example.
There is no denial that the questions of crime are complicated and endemic in
countries like Indonesia or Sri Lanka compared to a country like Australia. The
scales are different. Sri Lanka's population is more or less the same as
Australia's for its smaller size and Indonesia's is more than 12 times higher.
However, that does not preclude us to device common policies on how to tackle
crime or how to punish them. Our knowledge of 'Homo sapiens' and their natural
conditions or why people are motivated for violence or crime are more or less
the same, although that knowledge is not complete or perfect.
However, capital punishment is not a clear deterrent for crime or homicide.
There are of course dangerous criminals who could be a further danger to the
society. They should be kept in imprisonment. The life imprisonment is the best
device that the world has invented in protecting society and punishing major
crimes. What constitutes major crimes can also be in dispute. Be as it may, the
capital punishment or killing for killing or for any other crime cannot be
condoned.
Andrew and Myuran
I have been repeatedly seeing for the last couple of months or even before on
Australian TV, the pictures of Andrew Chan and Myuran Sukumaran, who were
pushed and jolted by the prison guards whenever they were being taken in or out
of courts for their trials or appeals. These are shown by the journalists who
of course want to create sympathy for their predicament as they are in line for
execution. That is one advantage that we have today through media and the
newest technology in knowing what is happening throughout the world in order
that we can make up our concerned opinions or make our protests known.
No one says they are innocent and even they have not said so. The following is
a statement or an apology made by Myuran on their predicament.
"I acknowledge more than anyone that I've made mistakes and that I'm not a
perfect person, but I've learned a lot in prison and I am grateful to the
Indonesian justice system and to the prison guards for allowing me to achieve
all that I have for myself and for the other prisoners."
"Fellow Bali 9 member Andrew Chan and I are not the same people we were 10
years ago, but who is really? We did commit a serious crime and deserve
punishment, but we have also paid a great deal for our crimes, as have our
families. Please allow us to stay in prison and live."
The story unfolded 10 years ago when a group of 9 young Australians aged
between 18 and 28 in April 2005 were arrested in Bali for planning to smuggle
8.3 kg of heroin worth around A$ 4 million from Indonesia to Australia. Hence
it was called Bali 9. After several rounds of trial, all others were sentenced
for life imprisonment but all appeals and clemency pleas have gone unheard for
Chan and Sukumaran for one reason or the other. They are supposed to be put on
death by firing by the end of this month.
The crucial question however is whether their killing is really necessary?
Can't they have any mercy? Capital punishment on them is absolutely cruel and
barbaric. They can really be rehabilitated.
Wijedasa Statement
It is in this context that Sri Lanka's new Justice Minister's statement in
Kandy on 3rd February, at a press conference, is worrying who said that "the
government would not hesitate to consider the implementation of the death
penalty, if the crime rate keeps rising." There is no doubt that the crime rate
is rising. There is no doubt that the curtailment of the crime rate is also not
easy. However, the solution is not capital punishment whether it is murder,
rape drug trafficking or child abuse.
It is not that Sri Lanka is at present free from capital punishment and the
right to life is absolutely respected according to the Universal Declaration or
the Second Optional Protocol to the International Covenant on Civil and
Political Rights (ICCPR). Sri Lanka is one country which has not implement the
capital punishment since 1976. However, the number of people who are on the
death row have been increasing as a reflection of the rising crime rate for
other reasons. It is reported that there are over 900 convicts in prisons who
are sentenced to death, and around 500 of them have appealed their cases.
However, the other 400 are waiting until their sentences are (though capital
punishment) commuted for life imprisonment or even without knowing their future
fate at all. This is in itself is inhuman. As the local saying goes, 'it is
like killing without killing' (nomera maranewa wage).
It is true that non implementation of the capital punishment or the abolition
of the capital punishment in itself is not satisfactory. If necessary measures
are not taken to prevent, control and reduce crime, then the crime rate would
naturally increase. What is truer is that capital punishment is not a remedy
for crime.
Some Remedies
What have been lacking since the non-implementation of the death penalty, or
even otherwise, in Sri Lanka are the preventive measures such as the systematic
policing, stronger civil-police relations and proper 'human rights and civic
education' for both the police and the civilians, beginning with school
children.
The prevention of crime should begin at the top level, to be an example for the
ordinary people. When the leaders of the country at the highest body of the
legislature or Parliament speak and behave like criminals, it would be
difficult to prevent crime in the country. Many provincial council leaders or
local government politicians are worse. Most despicable and harmful are the
interference of politicians in police affairs and their protection of criminals
on partisan basis, whether they are in the government side or the opposition.
The deterioration of rule of law has been a primary reason for the increase of
crime rate. The rule of law should be implemented not only in civil affairs but
also in commercial and business affairs. With the expansion of commercial
activities, there has emerged quite a substantial sector of illicit trade and
commercial activities to earn quick money with the patronage of politicians of
all sides. Without stopping those activities and connected legal loopholes the
rise of crime rate might not be curtailed.
Equally responsible is the deterioration of professional standards and
independence of the judiciary. Without a strong, well trained and an impartial
judiciary, crime cannot be curtailed in any country. The delay of court cases
and lack of free or reasonable legal assistance have led to many miscarriages
of justice. In such instances, people have taken justice into their own hands,
becoming criminals or perpetrators themselves. Land disputes have led to many
civilian conflicts and criminal actions.
If people are empowered of their due human rights, they themselves can become a
deterrent to crime. They can resist and bring crime to the notice of the
authorities speedily. Unfortunately, ordinary citizens are scared to assert
this deterrent role because many politicians and police authorities are behind
some of the criminals and criminal gangs. The role of the media is also
important not for sensational reporting of crime stories for sale but to bring
criminals and criminal networks to the notice of the authorities. But
unfortunately this is not the case at present.
Erratic History
The recent history of the capital punishment has been quite erratic in Sri
Lanka. Prime Minister S.W.R.D. Bandaranaike abolished the capital punishment in
1956 in good faith and then he was assassinated in 1959. That does not mean
that he would have been saved if the capital punishment was not abolished.
Thereafter his immediate successors reintroduced it retrospectively and the
assassin was hanged for the crime.
Since June 1976 no one has been executed under the capital punishment, but
there has been a spate of extrajudicial killings and assassinations for various
political reasons and as a result of violent political upheavals. During 1990s,
several times the then President Chandrika Kumaratunga wanted to implement the
capital punishment again but both internal and external pressure prevented it.
In 2004, even the Bar Association of Sri Lanka (BASL), the foremost lawyers
association, wanted to implement the capital punishment without restrictions,
after a High Court Judge was gunned down.
All these were instances of spontaneous or kneejerk reactions without mindful
of required policies and principles to address the issues of crime or
punishment. If one traces the ancient history, there had been times that the
country was free from capital punishment. Among the kings who abolished or
suspended the death penalty was King Voharika Tissa of the Third Century who
was reported to be a humanist. This shows that while there had been periods of
cruel and inhuman punishments, as Robert Knox had recorded, there were also
periods of enlightenment and sophistication. In the case of the latter, the
principles undoubtedly were derived from Buddhist and Hindu humanitarianism. No
one can perhaps go to the extent of King Siri Sangabodhi who even sacrificed
his own head to save others. However, there is a need for humanism and human
rights in criminal justice administration, particularly today, where there are
highly developed international norms and principles that Sri Lanka should
follow.
Conclusion
There are contradictions in the statements of the new government on the subject
of capital punishment. Otherwise, Sri Lanka is one country which could easily
abolish capital punishment as the sentences have never been implemented since
1976. It is only 1 step forward. Reportedly, the Prime Minister has given an
assurance to the human rights community promising to accede to the Second
Optional Protocol to the ICCPR. This optional protocol is not just another
human rights declaration, but a binding agreement to abolish the capital
punishment.
On the other hand, the statements made by the Minister of Justice that the
government would not hesitate to implement the death penalty, if the crime rate
keeps rising, is not only contradicts Prime Minister's statements but also go
against the expectations of the human rights community within and outside the
country about the new administration.
The issue of capital punishment is not merely a Sri Lankan matter but an
international one. The threatened lives of Andrew Chan and Myuran Sukumaran in
Indonesian jail show the barbarity and cruelty of the capital punishment.
Although there haven't been such dramatic cases in Sri Lanka like in Indonesia
in the recent times, if capital punishment is implemented again, then nearly
400 people's lives might be in danger whose sentences are not yet commuted. It
is also possible that since the capital punishment has not been implemented for
a long period, that the judges were quite liberal in 'sentencing people to
death' instead of life imprisonment directly. If that is the case, there can be
a major miscarriage of justice, if the 'threat' of the Minister of Justice
materializes in implementing the capital punishment.
(source: Laksiri Fernando, Sri Lanka Guardian)
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