Aug. 19



INDIA:

President Pranab Mukherjee rejects mercy petitions of 3 more death-row convicts, taking his tally of rejections to 37


President Pranab Mukherjee rejected on August 7 mercy petitions from three death-row convicts, Shabnam, Jasvir Singh and Vikram Singh. The information about these rejections was uploaded on the website of the President's secretariat only today.

While Shabnam's mercy petition was received in President's Secretariat from the Ministry of Home Affairs, on March 31, those of Jasvir Singh and Vikram Singh were received on June 23.

Shabnam, along with her husband, Salim were co-accused in a murder case, that was tried against them on the allegations that they had committed murders of 7 persons who were the members of Shabnam's family during 14-15 April, 2008. Their death sentences were confirmed by the Supreme Court on May 15, 2015.

Shabnam is lodged in Moradabad jail, while Salim is in Agra jail. Their only child, delivered by Shabnam in jail, has been given in adoption.

Jasvir Singh and Vikram Singh, now in Patiala Central jail, were convicted and sentenced to death, for the murder of 16-year-old school boy, Abhi Verma, in 2005. The Supreme Court commuted Jasvir Singh's wife, Sonia's sentence to life term in the same case in January 2010.

In August last year, a 3-member Bench headed by Justice TS Thakur dismissed their appeal, challenging the validity of Section 364A of the IPC, that provides for death penalty for the crime of kidnapping someone for ransom.

(source: livelaw.in)






KENYA:

Kenyans want corruption declared capital offence, death penalty reviewed


A section of Kenyans want corruption listed among capital offences and punishments reviewed to abolish sentences of death and life imprisonment.

Regina Boisabi, Power of Mercy Advisory Committee vice chairman, said on Thursday that some were of the view that corruption should attract the highest punishment.

Boisabi said they have visited 19 counties so far, in the project that began in June, seeking public views on correctional measures.

"Some people are of the view that death and life imprisonment do not serve any good but there are those who still support them," she said.

Crimes classified as capital offences are murder, robbery with violence, some military offences, treason and oathing for criminal activity by proscribed groups including terror groups.

These are punishable by death or life imprisonment upon conviction. Some sexual and drug trafficking offences attract similar penalties but are not classified as capital offences.

Boisabi explained: "The last time a death row convict was executed was in 1987, but judges and magistrates still convict people to hang because legally, death sentence is the only punishment prescribed by the law for convicts of such offences."

She said about 3,000 inmates had been serving life and death sentences but some were released following presidential pardon.

"The number changes every day depending on outcomes of judgments and appeal rulings delivered every day," she said at the Nairobi West Prison during a public debate on capital offences and capital punishments.

Boisabi said more than half of the inmates in correctional facilities countrywide were petty offenders.

Her sentiments were echoed by inmate Makau Masila who is serving a 9-year term at the prison.

Macharia Njeri moved the forum with an account of his arrest on Tuesday and sentencing the following day.

Njeri, who could not raise raise a Sh45,000 fine for a traffic offence, will serve 11 months

Other prisoners suggested bond terms pegged on the offenders' financial capability.

They also suggested that fines be paid in installments saying the inability to raise one-off payments forces them to "rot in jail".

The public views will be used to form a policy on restructuring Kenya's correctional system and decongest facilities.

(source: the-star.co.ke)






SUDAN:

6 Sudanese activists associated with TRACKs charged with death penalty crimes


After 86 days in detention without charge, 6 civil society Sudanese activists associated with Training and Human Development (TRACKs) have been charged under the Criminal Act Article 50 (Undermining the Constitutional System), Article 51 (Waging War Against the State), Article 53 (Espionage) and Article 65 (Criminal and Terrorist Organizations).

The activists include Khalaf-Allah Al-Afif Muktar, Mustafa Adam and Midhat Afifaddin Hamadan. Arwa Al-Rabie, Imany-Leila Ray and Al-Hassan Kheiry, who had been released on bail, were also charged with these 4 crimes. Adam and Hamadan have also been charged under Article 14 of the Information Crimes Law.

Following the filing of capital charges against six civil society activists associated with Training and Human Development (TRACKs), Freedom House issued the following statement:

"Authorities in Sudan have charged Khalaf-Allah Al-Afif Muktar, Mustafa Adam, Midhat Afifaddin Hamadan, Arwa Al-Rabie, Imany-Leila Ray, and Al-Hassan Kheiry with espionage and terrorism, charges that are preposterous and were brought against these individuals for exercising the fundamental right to free association," said Vukasin Petrovic, director for Africa programs.

"The government of Sudan should either drop these absurd charges or ensure a speedy and fair trial. It should allow observers to attend all proceedings and guarantee the defendants' right to receive visitors in prison," Vukasin added.

TRACKs, a Khartoum-based organization, has been raided twice during the last 2 years by Sudan's National Intelligence and Security Services, which has confiscated the passports of staff members.

In April 2015 criminal charges - some carrying the death penalty - were brought against TRACKs Director Khalafalla Alafif Mukhtar and Adil Bakheit, a human rights defender and member of the Board of Directors for Sudanese Human Rights Monitor.

(source: mmmmmerinews.com)






EGYPT/IRELAND:

British lawyers back bid to return Ibrahim Halawa to Ireland


An influential committee of British lawyers have called for the release of Irish citizen Ibrahim Halawa from jail in Egypt on the 3rd anniversary of his arrest.

The Bar Human Rights Committee of England and Wales has called for him to be returned to Ireland immediately.

Kirsty Brimelow QC, chair of the Bar Human Rights Committee, said his treatment "constitutes a serious breach of international law".

She added: "He has been subjected to several years of pre-trial detention, violently assaulted by the Egyptian police and denied access to a lawyer or a fair trial. During part of this period, Mr Halawa was a child. [His] urgent release is required."

Mr Halawa, 20, is being prosecuted alongside 494 co-defendants in mass trial for allegedly participating in a political protest in 2013.

He was 17 at the time of his arrest and has been charged with serious offences, all of which he strongly denies. His lawyers believe that, if convicted, he may face the death penalty.

Earlier this month, Mr Halawa's lawyers in Belfast siad an application for his release from jail in Cairo under the Egyptian Presidential Decree Law 140 would be lodged with the support of the Irish government.

Law 140 allows for those under trial in Egypt to be deported to their home country.

(source: irishlegal.com)


BAHAMAS:

Warrant Issued As Man Charged With Murder Fails To Show Up At Court


A man, charged with murder, failed for the 2nd time this week to show up in the Supreme Court. A warrant is still out for his arrest.

Cordero Johnson, 25, had pleaded not guilty on his arraignment in May 2014 to causing the death of Vernon Rolle Jr. At that time he was scheduled to go on trial on August 15, 2016.

However, an arrest warrant was issued for Johnson - who is on bail - when he failed to appear for a status hearing on July 27 last month.

He again failed to appear for his trial on Monday and again yesterday when his trial was adjourned from Monday.

Rolle Jr, 29, was found shot to death on a dirt road behind the Hollywood Subdivision off Cowpen Road on November 16, 2013.

The Monastery Park resident was found face down in bushes with a gunshot wound to the head.

Johnson faces a charge of murder under Section 291 (1)(a) of the Penal Code, which does could attract the discretionary death penalty or life imprisonment if a conviction is reached at trial.

He has retained attorney Calvin Seymour to represent him.

Cephia Pinder-Moss appeared for the Crown.

(source: tribune242.com)






IRAN----executions

2 Prisoners Executed in Public in Southern Iran


2 prisoners were reportedly hanged in public at Saheli Boulevard, located in the city of Bandar Abbas (Hormozgan province, southern Iran), on rape charges.The executions were reportedly carried out on the morning of Wednesday August 17 in front of a crowd of people.

The Iranian state-run news agency, ISNA, has identified the prisoners as: M.P., 28 years old, and A.A., 25 years old. The prisoners were reportedly sentenced to death for rape, kidnapping, and theft.

(source: Iran Human Rights)

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

A family's plea for internatioal condemnation of execution of three political prisoners of fellow Arab citizens


The religious fascism ruling Iran's henchmen hanged 3 young political priosners from fellow Arab citizens this morning (August 17) 3 in Ahwaz Hamidieh with the mullah-made charge of "Moharebeh (enmity against God) and corruption on earth".

The 3 prisoners, Qais Obeidavi, 25-year-old law graduate, his 20-year-old brother Ahmad Obeidavi, and their cousin, Sajjad Balawi (Obeidavi), a law student, had been under torture and pressure in solitary confinements of Ahwaz Intelligence from the onset. In addition to the execution of these 3 men, the mullahs' judiciary has iised sentences of 25 to 35 years imprisonment for 4 other political prisoners from Arab compatriots.

The Iranian Resistance offers its condolences to the families of the victims and calls on all fellow compatriots particularly young people across Khouzestan province to stand in solidarity and support with the families of those executed and prisoners.

Thus since the beginning of August, coincident with the anniversary of the massacre of political prisoners in 1988, the execution of 29 political prisoners by the religious dictatorship ruling Iran has been recorded. On August 2nd, 25 Sunni prisoners were executed collectively. The actual number of political execution is more than this.

These executions are a continuation of massacre of political prisoners in 1988 whose perpetrators are also perpetrators of this crime. The officials in charge of executing Khomeini's fatwa for massacre, and members of the "Death Committee" in 1988, today are among top political, intelligence and military officials of the clerical regime and in charge of suppression and execution.

The Iranian Resistance stresses on the fact that the Iranian regime is able to survive only by execution, torture and suppression, and asks the International community, especially the Security Council and the UN Human Rights Council, member states and all human rights organizations to categorically condemn the new wave of political executions and to refer the dossier of the mullahs regime crimes, especially the massacre of 1988, to the UN Security Council and to bring leaders of this regime to face justice.

(source: Secretariat of the National Council of Resistance of Iran)

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

"They Took our Comrade in front of our Eyes." Mohammad Abdollahi's Cellmates Talk


Cellmates of Mohammad Abdollahi, a political prisoner who was hanged last week in Uremia Prison, with a glimmer of hope were waiting to see their cellmate, after his execution was denied by the provincial authorities, however, they and his family believed that they would never see him again by official confirmation of his execution.

According to the report of Human Rights Activists News Agency in Iran (HRANA), the last people who have seen Mohammad Abdollahi told HRANA that on Sunday at 8:20 a.m. they took Mohammad Abdollahi from the ward.

2 political prisoners, Ahmed Tamoie and Saeed Sangar were exercising in the yard when the prison director, Mr. Bairamizadeh asked them: "Why do not you go to the gym to exercise? And they answered the gym opens late and till then we are done."

During this conversation, Mohammad Abdollahi entered the yard from the ward. Mr. Bairamizadeh asked him: "Why don't you exercise?" Mohammad Abdollahi answered: "I walk here since the yard opens at 7 am to 11 am and it is a kind of sport."

Bairamizadeh pointed him and told "Mohammed come along, I have a word with you." They went to the corridor and closed the door. The prisoners say: "They took our friend in front of our eyes."

Prisoner's narrative does not end here, they got more worried when they received cheek humor messages of Mohammad Abdollahi from solitary confinement. He had send short messages in the form of satire and humor for his friends.

One of the cellmates of Mr. Abdollahi told that he sent a message from solitary confinement that: "It was a pity because I would win backgammon tonight."

Saman Naseem was another prisoner who received a short message of Mohammad Abdollahi from solitary confinement: "Saman do not envy, your turn is coming up!" prisoners tell these with tears.

The other inmate, who is a member of the armed forces received the message from Mr. Abdollahi, He says in the last minute he had received humorous message from solitary confinement: "Mr. ...., it was a pity that I have to die; otherwise I would have seen probably your execution in the ward."

And the last person who could receive a message from Mohamed Abdullahi was Osman Mostafapour, another political prisoner and his ward mate, "Mr. Osman I would like to know if you could finally release the pigeon that sits between the roofs of the gym."

These were the last signs of life, Mohammad Abdullahi, a young political prisoner whose lawyer had told HRANA previously: "My client was never treated legally and justly. There are many things wrong with his case."

(source: HRA News Agency)






INDONESIA:

Australian Jessica Wongso may face death penalty after AFP aided Indonesian police


Australian resident Jessica Kumala Wongso, 27, has been accused of killing her friend Wayan Mirna Salihin with whom she studied design in Sydney.

On January 6, Wongso arrived at Olivier Restaurant in the Grand Indonesia mall well before Mirna and their other friend, Boon Juwita (known as Hani), and ordered Mirna's favourite drink, an iced Vietnamese coffee.

Footage shows her re-arranging bags around the drink before eventually clearing the table.

It was during this time prosecutors allege Wongso added the cyanide to the coffee.

A few minutes after drinking it, Mirna collapsed and foamed at the mouth before she died.

The Australian Federal Police's decision to hand over a damaging police file on Ms Wongso to Indonesian police could result in capital punishment, her lawyer Yudi Wibowo told ABC's 7:30 as her trial comes to a close.

"They should not be involved in providing this damaging police record, which is being used by Indonesian National Police to criminalise Jessica," Yudi said.

"The prosecution is looking for the death sentence and my duty as a lawyer is to try to evade the death sentence."

7:30 reported this month that the Australian Federal Police had handed over a file on Ms Wongso that revealed her ex-boyfriend in Australia had taken out an apprehended violence order against her over vandalising his car and that she had been suicidal.

While Australian Justice Minister Michael Keenan said he handed over the evidence because he was told the death penalty would not apply, the court told 7:30 ultimately the decision would fall into the hands of the judges.

This has raised the ire of Mirna's father Edi Dermawan Salihin who said if she was convicted, based on evidence gathered by local police, the agreement should be void.

(source: sbs.com.au)






CHINA:

Debate Flares on China's Use of Prisoners' Organs as Experts Meet in Hong Kong


An acrimonious debate over China's use of prisoners' organs for transplant - a practice Chinese officials say has ended - has flared anew as an international transplant conference gets underway in Hong Kong, with some doctors and ethicists saying the meeting should not be held in China given the controversy.

Chinese health officials say China stopped using organs from executed prisoners on Jan. 1, 2015, after decades of obtaining most of its organs from convicts. Officials say they are building a voluntary national donation system that does not include prisoners.

Hong Kong, a former British colony that returned to Chinese rule in 1997, has an organ donation system separate from the mainland's.

But in an article published on Wednesday in the American Journal of Transplantation, a day before the 26th International Congress of the Transplantation Society was to open in Hong Kong, doctors and members of a nongovernmental medical organization criticized the decision to hold the meeting in China as premature.

"In the current context, it is not possible to verify the veracity of the announced changes and it thus remains premature to include China as an ethical partner in the international transplant community," wrote the authors, who included Dr. Jacob Lavee, of the Sheba Medical Center in Israel, and Dr. Torsten Trey, the executive director of Doctors Against Forced Organ Harvesting, a nongovernmental group based in Washington.

"Until we have independent and objective evidence of a complete cessation of unethical organ procurement from prisoners, the medical community has a professional responsibility to maintain the academic embargo on Chinese transplant professionals," they wrote.

International medical organizations like the World Medical Association and the Transplantation Society say the use of organs from prisoners in any country that has the death penalty violates medical ethical standards because the prisoners cannot give their consent freely. Hong Kong does not practice capital punishment, but the death penalty is widely used on the mainland.

There also are mixed messages about the issue in China. Prisoners can still donate organs, according to an entry dated May 5, 2016, on the website of the China Organ Transplantation Development Foundation, a group tasked with managing the transition.

Telephone calls to the foundation requesting clarification were not answered.

In an interview conducted on the messaging app WeChat, Huang Jiefu, a senior Chinese transplant official and a former deputy minister of health, appeared to defend the changes but simultaneously acknowledge they were far from perfect.

"We have finished walking the first step of a long march of 10,000 li, the task is heavy and the road far, but we are walking on a path of light," he wrote. A li is a Chinese measure of distance equal to about a third of a mile.

But Dr. Lavee, who is also the president of the Israel Transplantation Society, said in an interview that by holding the meeting in Hong Kong and presenting papers from China, the society had "abandoned the only weapon against China it has in asking it to ethically source organs as it is supposed to" - a longstanding embargo intended to pressure China into changing.

Dr. Lavee, who is a member of the Transplantation Society's ethics committee and the advisory board of Doctors Against Forced Organ Harvesting, said he would not attend the Hong Kong meeting as a protest.

Neither the society's president, Dr. Philip O'Connell, nor 2 former presidents replied to an email requesting comment.

On its website, the society said that it opposed the unethical harvesting of organs and had requested three times in writing that the authors of papers from China disclose the source of the organs they cited.

"All submissions in which executed prisoner organs were used have been rejected, as have all submissions where there has been no response to any of our requests for declaration," it said.

In the article in the American Journal of Transplantation, the authors said they had "ethical concerns" over 10 papers by Chinese doctors that were due to be presented in Hong Kong.

Dr. Lavee also expressed concerns mirroring those of a resolution passed by the United States House of Representatives in June over "persistent and credible reports" that organs were being taken from prisoners of conscience, principally detained practitioners of Falun Gong, a spiritual movement that is outlawed in China.

The article in the American Journal of Transplantation also addressed those concerns, saying: "It is noticeable that China has neither addressed nor included in the reform a pledge to end the procurement of organs from prisoners of conscience."

The Chinese government also has not changed the law to prohibit the use of prisoners' organs.

Dr. Lavee, a heart surgeon, had a patient in 2005 who was told a new heart awaited him in China in 2 weeks - something only possible if there was a pool of living, blood-typed donors, the doctor said.

"I'm a simple Jewish heart transplant surgeon and the son of a Holocaust survivor, and the reason I spend so much time on this is that I can't keep silent in the face of a new crime against humanity," he said.

(source: New York Times)


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