Jan. 21




DOMINICAN REPUBLIC:

Justice Minister Believes Death Penalty Should Be Re-introduced


The Hon Minister for Justice, Rayburn Blackmoore is of the opinion that the death penalty should be re-introduced in Dominica's legal system.

Hon Blackmoore was speaking at a press briefing at the Ministry of Finance Conference Room last week.

He says the number of crimes reported in Dominica is a cause for concern.

"The whole question of the death penalty is not something that we should rule out," he said. "Moving forward we have to ensure that the law in itself has sanctions ... so persons who are found guilty get sentences that suit the actual crime," he said.

The Hon Minister made this comments in light of 2 brutal attacks which took place in start of 2017.

He says whereas the court decides on the issue of sentencing, he believes that the sentence must suit the crime

"I am a strong believer that once somebody deliberately takes somebody's life, it's premeditated, that person has forfeited his or her right to live and its left to the state, once due process has been followed, to decide what happens to that person."

The Hon Justice Minister called on Dominicans to be kinder as a people.

(source: news.gov.dm)






IRAN:

UN Seeks to Stop One Imminent Execution in Iran, but Others Face Less Concrete Threats


On Tuesday, Voice of America News reported that the United Nations had undertaken efforts to stop the execution of an Iranian inmate who had been sentenced to death when he was only 15 years old. The execution of juvenile offenders is a clear violation of international conventions on human rights and the rights of the child, both of which Iran has signed and ratified. Yet the judiciary of the Islamic Republic continues to defend the practice, upholding juvenile death sentences and affirming the maturity and legal responsibility of the condemned even when international pressure has led to those cases being reviewed or re-tried.

The present case involves Sajad Sanjari, whose death sentence was handed down in 2012 after he was accused of fatally stabbing a man. Sanjari claimed that the incident was case of self-defense against an attempted rape, but this argument was rejected by the courts. Barring the success of the UN campaign, the young man now stands to become the 1st juvenile offender to be executed in 2017. Voice of America notes that at least 5 juvenile offenders were executed last year and that at least 78 people are currently on death row in Iran for crimes they allegedly committed while younger than 18. It also points out that the actual figures may be much higher than these, given the often secretive nature of Iran's judicial proceedings.

This secrecy will also make it difficult to pin down the total number of executions that were carried out in the Islamic Republic during 2016. It already appears that most estimates for this figure exceed 500. While exceptionally high by global standards and enough to retain Iran's status as the country with the highest per-capita rate of executions, this figure would be modest by comparison with 2015, during which Iran is widely understood to have executed nearly 1,000 people.

These annual totals rely in large part on information gathered by anti-death penalty activists, human rights groups, and dissident organizations like the People's Mojahedin Organization of Iran. One day after the announcement of the UN campaign for Sajad Sanjari, the Iran Human Rights website reported upon one instance of mass execution in Vakilabad Prison, this one targeting 4 drug offenders. Iran's population of death row inmates is dominated by non-violent offenders who have been accused of possession or trafficking of narcotics, often in relatively small quantities, sometimes even less than a kilogram.

The Iran Human Rights report suggests that the overzealous prosecution of drug traffickers may also lead to the execution of innocent persons, possibly including one of the four individuals executed in Vakilabad. Identified as Akmad Shekarabi, that individual actually had his initial death sentence overturned by the Iranian Supreme Court, only for his case to be sent back to a lower-court, resulting in another death sentence, which this time was confirmed by the highest court. Shekarabi had been a taxi driver for another man who was arrested for drug trafficking.

It appears that the only evidence against Shekarabi was the statements of his customer accusing him of knowing what was in the packages that that customer was carrying. The circumstances of this accusation are unknown, but Iranian law enforcement authorities have a demonstrated track record for putting pressure on arrestees to implicate others, often under threat of torture. Such tactics are particularly evident in cases of political imprisonment, and the resulting false implications or false confessions can become the sole basis for a successful national security case.

Such political imprisonments and dubious national security convictions make up a small portion of the country's death sentences, but those same inmates may come under threat of death by other means, including the denial of life-saving medical treatment, persistent post-conviction torture, and life threatening hunger strikes undertaken to call attention to political imprisonment and systematic mistreatment.

Indeed, the International Campaign for Human Rights in Iran notes that there has been a major surge in hunger strikes in recent months. One particularly high profile example of this came to at least a temporary conclusion early this month when demonstrations and social media campaigns by supporters of Arash Sadeghi compelled the Iranian regime to grant temporary release and a retrial to his wife and fellow political prisoner Golrokh Ebrahimi Iraee. This concession came only after 71 days of self-imposed starvation brought Sadeghi to the brink of death, and even then it reportedly upwards of two days for prison authorities to see to his hospitalization.

Sadeghi's hunger strike is not even a record among recent protest actions. One report from the International Campaign indicated on Tuesday that imprisoned civil rights activist Ali Shariati had been convinced by fellow political prisoners and his own family to end his life-threatening hunger strike after 75 days. Shariati's protest had also spurred a social media campaign, but in this case it ended without his achieving his goals, mainly a review of his case, which he described as having no legal basis.

Shariati began serving a 5 year prison sentence in October on charges of "acting against national security" through his participation in protests 2 years earlier. Those protests outside of the Iranian parliament building sought to call attention to a wave of acid attacks on women, which many critics of the regime believed to be connected to efforts to empower civilian militias in the enforcement of female veiling and other religious laws.

Other hunger strikes are still ongoing, and some have declared much broader intentions than had Shariati. For instance, another report by the International Campaign explained that Saeed Shirzad was hospitalized for the effects of a more than month-long hunger strike on January 12. In spite of the impact of that protest on his health, Shirzad reportedly has no intention of ceasing the protest, and has indicated that he is willing to carry on to the point of death in order to expose what he described as "the quiet death of political prisoners" at the hands of abusive prison authorities.

Shirzad's lawyer, Amirsalar Davoodi predicted "another political crisis" for the Iranian regime as a result of his client's persistence. Shirzad has reinforced his protest by sewing his own lips shut - a tactic that was referenced in yet another report by the International Campaign, describing a much earlier hunger strike undertaken by political prisoner Mohammad Nazari in 2002.

Nazari remains in prison to this day, serving a life sentence that was reportedly based on nothing other than his membership in an opposition group urging Kurdish autonomy. What's more, that life sentence only came into effect after an earlier sentence of death was commuted by the supreme leader, as part of the Islamic festival of Eid Qorban. His subsequent hunger strike sought a review of his case - something that Nazari also pursued by writing "thousands of letters to every authority you can imagine." But not only have none of his requests been addressed, he appears to have faced additional pressure as a result of his prison activism.

The International Campaign's report was focused on Nazari's recent request for medical furlough, which has been denied on the basis of the judiciary's claim of having lost his case files. His medical conditions have reportedly grown severe enough to now include periods of partial paralysis, but his prospects for receiving treatment seem dim, in line with the regime's habit of denying political prisoners access to medical services.

Presumably, this denial would have been extended also to such figures as Arash Sadeghi and Saeed Shirzad if not for the prominence and international visibility of their cases. In fact, the remarkably slow reaction to Sadeghi's life-threatening hunger strike may indicate some willingness to allow political prisoners to die even in spite of the potential for both domestic and international outcry. But in other cases, the regime clearly strives to avoid this scrutiny by isolating prisoners and putting them under pressure to end hunger strikes before external support is brought to bear on their cases.

In 1 example of this phenomenon, the International Campaign reports that the Lebanese-born permanent resident of the United States, Nizar Zakka, has faced additional punishment in Tehran's Evin Prison as a result of his initiating a hunger strike on December 8. It is difficult to say whether that hunger strike is still ongoing, since Zakka is now being denied contact with his family, as well as having been transferred out of the facility's political ward and into a ward populated by violent criminals.

Zakka is seeking immediate release and access to consular and medical services. He is serving a 10-year sentence for unspecified national security charges, and his case has been widely cited as an example of Iranian authorities' ongoing targeting and entrapment of dual nationals. Government officials had officially invited Zakka to a conference on women and sustainable development before the Iranian Revolutionary Guard Corps arrested him. His case is currently under appeal, but the newfound pressure of his transfer, coupled with the health effects of his hunger strike, may put his life at risk before that process is completed.

(source: irannewsupdate.com)






PHILIPPINES:

Bataan bishop: Prolong life, not murder it


The mercy of God is about sustaining life and prolonging it, not murdering it.

Balanga Bishop Ruperto Santos gave this reminder at the closing of the World Apostolic Congress on Divine Mercy (WACOM) 4, which gathered almost 6,000 Divine Mercy devotees from all over the world.

In his homily at the last Mass for the WACOM 4 here at the Las Casas Filipinas de Acuzar on Friday afternoon, the prelate urged Filipinos to be messengers of God's mercy.

One of the common denominators of mercy, he stressed, was the value of life.

"(Mercy) is to sustain life, not to make it suffer. It is to prolong life, not to suppress it. It is to maintain life, not to murder it," Santos said.

He added: "Remember the 7th commandment: 'Thou shall not kill.''"

The WACOM is held every 3 years and is aimed at furthering the devotion to Jesus as the Divine Mercy within the Catholic Church.

Santos pointed out that Filipinos are now tasked to be the new missionaries and messengers of God's mercy to humanity, spreading it through good works and corporal acts of mercy.

"Our mercy is not to take matters into our hands. Our mercy is not to cast the first stone. It is our mercy to open our hands, hold them tight and help them live with dignity and without recriminations," he said.

Filipinos, he said, are now "new missionaries of mercy, from the Philippines to Asia, from Asia to Europe."

In his homily, the Balanga bishop cited the day's Gospel about the woman who was brought to Jesus, not to be saved, but to be punished with stoning to death.

He noted that the crowd did not have any sympathy, pity or mercy for the woman, as they demanded death for her.

Santos asked how one could rejoice with the death penalty and how one could take pride in killing in the name of God or religious beliefs.

"How can we not be ashamed of our corruption and destruction of environment for money and profit? How can one be glad with the spilling of innocent blood, of destruction of lives because of human trafficking?" he said.

The prelate reminded the faithful that even those with a shameful or scandalous past still have hope of redeeming and living a new life.

"Even if he is the worst sinner he can still be sorry and correct his life. There is hope. There is still help. And there is still healing. It is because our God, is God of mercy," he said.

Santos pointed out that one's merciful words should be polite and not offensive, encouraging and not hurting.

(source: newsinfo.inquirer.net)






INDIA:

Bengal court sentences 3 LeT operatives to death----Mohammad Yunous, Abdullah Khan, Sheikh Naeem and Muzaffar Ahmed were given death penalty by the Fast Track Court- 1 of Bongaon in North 24 Parganas district of West Bengal.

3 Lashkar-e-Toiba (LeT) operatives were sentenced to death by a Bengal court on Saturday.

The operatives identified as - Mohammad Yunous, Abdullah Khan and Muzaffar Ahmed were given death penalty by the Fast Track Court - 1 of Bongaon in North 24 Parganas district of West Bengal.

Yunous and Khan are both Pakistani nationals and Ahmed is an Indian national. Ahmed hailed from Anantnag in Jammu and Kashmir.

Besides these 3, the 4th LeT operative, Sheikh Naeem alias Samir arrested with the 3 others, had fled in 2013 while in CID custody. Naeem was from Aurangabad in Maharashtra.

All were arrested on April 1, 2007 by Border Security Force (BSF) from Petrapole border while sneaking into India.

Later, the BSF handed over the four to West Bengal CID for investigation. The CID had produced them before the court on April 4, 2007 and sought custody. Since then, the CID had been investigating the case.

The trial ended last week and the quantum of punishment was announced on Saturday, sentencing the three of them to death. They were sentenced to death on charge of Section 121 IPC, waging a war against the nation. The fourth accused was declared absconding.

During the course of investigation and trial, it was revealed that Mohammad? Yunus, and Abdullah Khan belonged to the LeT suicide squad and had also planned a suicide bombing in Jammu and Kashmir.

At the time of their arrest, several documents were found on them that prove they were on their way to Jammu and Kashmir. Several mobile phones were also found on them. However, SIM cards were missing from those mobile phones. Later, they had admitted that they had destroyed the SIM cards moments after their arrest.

All four had arrived from Dhaka, Bangladesh from Karachi in the last week of March while trying to sneak into India.

Investigators had also revealed that Sheikh Naeem was also involved in Mumbai train blasts. He had also confessed of helping LeT handlers in Pakistan in the train blasts. Ahead of him fleeing in 2013, Naeem was even interrogated by a team of Mumbai Anti-Terrorism Squad in connection with the attacks.

(source: dnaindia.com)

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

Bhopal: Will make law for death penalty for rapists of minors says CM


Chief Minister Shivraj Singh Chouhan, in a youth convention at Rewa on Friday, announced that the rapists of girls aged up to 5 years will be punished with capital punishment. Chouhan said state government will frame a law in this matter. Chouhan has been advocating capital punishment to rapists.

Chouhan, during his Narmada Seva Yatra, too is raising the issue that the rapists should be given capital punishment. The state government, in order to get the law made, will have to get approval from state assembly and then send it to the Centre for its sanction. According to sources, Chouhan has made up his made to present the bill in the budget session of state assembly. Madhya Pradesh would be the first in the country, where such a law will be made.

(source: freepressjournal.in)






GLOBAL:

How The Death Penalty Is Affecting Inmates Across The World


The Death Penalty is one of the most widely discussed and debated topics amongst legal scholars in India and across the world. In India, it is awarded for the rarest of rare cases where the crime committed is heinous.

"In 2015 governments continued relentlessly to deprive people of their lives on the false premise that the death penalty would make us safer," said Salil Shetty, Amnesty International???s Secretary General.

In 2015 alone, more than 1600 prisoners were executed around the world, which is 54% more than executions recorded in the previous year, an Amnesty International report revealed. Alarmingly, almost 89% of these executions happened in three countries - Iran, Pakistan and Saudi Arabia.

More than 300 people were executed in Pakistan in 2015 after it lifted a moratorium on civilian executions back in December 2014. It was put in place in 2008. The attacks in a school in Peshawar had provoked the government to lift the moratorium.

According to Justice Project Pakistan, a human rights law firm based in Lahore, there are over 8000 death row inmates in Pakistan and more than 400 have been executed since December 2014. Moreover, there are over 2000 Pakistani inmates in Saudi jails.

"My 22 years on Pakistan???s death row could end this week. What purpose will my execution serve?" asked Aftab Bahadur, who was executed in early hours of June 10, 2015. Aftab was 15 when he was charged of committing murder. The police demanded a bribe of 50,000 rupees to let him go, but being a plumber's apprentice, he could not pay, Aftab later revealed.

Aftab was innocent, as was later indicated by the statements made by the 'eyewitness', Ghulam. He stated that he was forced by the police to say that he had seen Aftab commit murder. Ghulam Mustafa's life was spared.

Although the actual number of executions are way below the number of death row inmates, death penalty is still a very common punishment in India. The Death Penalty India Report, prepared by NLU-D, shows that 59 sections across 18 central legislations in India allow for the death penalty as a punishment, of which 12 sections are under the Indian Penal Code, 1860. The report further adds that out of the 270 death row inmates who spoke about their experience in police custody, 80% of them admitted to have suffered custodial violence.

Death Penalty, in India, is awarded for the 'rarest of rare' cases, as decided in the case between Bachan Singh v The State of Punjab. It was upheld by the Supreme Court in 2008 in Prajeet Kumar Singh v State of Bihar where it held that when the "collective conscience of the community is so shocked that it will expect the holders of the judicial power to inflict death penalty." Another landmark judgment was delivered in Mithu v State of Punjab in which the supreme court held that 'Mandatory Death Penalty is unconstitutional' and violated the fundamental rights of human citizens.

For all civilian cases, the court orders the death penalty to be executed by hanging the inmate until death. However, the Army Act, 1950, under section 166 states that 'offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.'

According to Death Penalty Project, between 1954 and 1963, India executed around 140 prisoners per year. However, that rate dropped to around 1 execution per year between 1996 and 2000.

The Death Penalty India Report, released by the Center of Death Penalty, NLU-D highlights that there were around 385 death row inmates in India during the course of the project between July 2013 to January 2015. Out of the 385 death row inmates 242 were 1st time offenders and the researchers could interview only 373 inmates. Out of them, 76% (279 prisoners) of prisoners sentenced to death in India belong to backward classes and religious minorities and all 12 female prisoners belong to backward classes and religious minorities. 31 prisoners were sentenced to death for terror offences. 61.6% of the prisoners did not complete school.

The report further suggested that over 60% of the prisoners appointed private legal representation at the trial court and High Court. It was also observed that prisoners switched from private legal representation at the trial court to legal aid at the High Court as they could no longer bear the ever increasing expenses of appointing private lawyers.

Alternatively, there were also families who moved to private representation at the High Court from legal aid lawyers at the trial court owing to unsatisfactory and poor performance or demands for money by the legal aid lawyers.

Due to their economic vulnerability and instability, the prisoner or their family were able to pay very little to their private lawyers which translated into a complete lack of engagement with the prisoner.

Although death penalty executions spiked in 2015, a few countries abolished it completely. 4 countries abolished the death penalty for all crimes - the highest number to do so in the space of one year for almost a decade. Madagascar, Fiji, the South American state of Suriname wiped death penalty from its law books. In November, Congo introduced a new Constitution that abolished death penalty once and for all, an amnesty international report stated.

Mongolia also followed suit and adopted a new Criminal Code which abolished death penalty in September 2016. In the US, Pennsylvania abolished death penalty for all crimes. 19 states in the US have completely abolished death penalty. A total of 102 countries have abolished death penalty by amending their constitution. Many more countries have abolished it in practice.

(source: The Citizen)


NIGERIA:

Death Sentence - Supreme Court to Rule On Policeman's Appeal April 14


The Supreme Court on Thursday in Abuja fixed April 14 to deliver judgment in a murder appeal filed by a police officer, Olusegun Adegboye.

Justice Mohammed Tanko led the 5-member panel of justices that fixed the date after listening to submissions by counsel to the parties.

Henry Omu, counsel to the appellant, urged the apex court to set aside the decision of the Court of Appeal, Ibadan, that upheld the conviction of Mr. Adegboye.

Mr. Omu prayed the court to substitute the death sentence with an order of acquittal and discharge.

The appellant's counsel said that his client did prove that his official AK47 riffle accidentally killed Tunde Adegboyega after the deceased attempted to snatch it.

Mr. Omu urged the court to determine whether the justices of the court of appeal were right to have relied on the evidence of 2 witnesses to uphold the judgment of the trial court.

He also asked the court to determine whether the lower court was right to have affirmed the conviction and sentence of the appellant in spite of the fundamental contradictions by the prosecution.

Mr. Omu asked whether if such contradictions depicted in the case of the prosecution ought not to have been resolved in favour of the appellant.

He further urged the court to decide whether it was right for the lower court to uphold the judgment of the trial court when the prosecution failed to disprove the appellant's defence.

The appellant contended that the prosecution did not prove its case beyond reasonable doubt to justify him being condemned to death.

Mr. Omu said the entire gamut of the trial had not met all the essential ingredients of the offence of murder.

According to him, before a person becomes fully liable for killing another, the later must have died.

Mr. Omu therefore said that there was no legal permissible justification for the lower court to affirm the conviction and sentence of the appellant considering the totality of the evidence and circumstances of the case.

He said that the death penalty passed on his client was unsupportable in law, adding that the conviction was against the weight of evidence and miscarriage of justice.

"I am humbly urging the court to graciously allow the appeal and to set aside the conviction and sentence of the appellant.

"We are also praying the court to in its place make order discharging and acquitting the appellant.

"The major reason is that the lower court placed too much weight on the uncorroborated evidence of 2 witnesses and the official AK47," he said.

On his part, Olumide Ayeni, the Attorney-General of Ogun, and counsel to the state did not object to the appeal.

Mr. Ayeni in his submission urged the court to consider Section 271 of the Criminal Code Law of Ogun State. 2006.

According to him, that portion of the law mandated a peace officer or a police officer to shoot and kill a criminal offender trying to escape from justice.

"My Lords, I shall at this point allow the court to use its discretion in serving justice, but in determining this case, Section 271 of our code should be considered," he said.

The News Agency of Nigeria reports that on March 10, 2009 the appellant in company of other Special Anti-Robbery Squad went to arrest Adegboyega at Oloke-Alli Village in Ogun.

This was in response to a petition filed to the Area Command by Titilayo Odusanya on threat to his life by the deceased.

On getting to the village, the deceased was arrested by Michael Agboola, an inspector, and handed over to Hamza, a corporal, and the appellant.

It was alleged that the deceased had attempted to escape after which struggle ensued between them.

NAN further reports that the appellant's evidence-in-chief indicated that it was at the point of that struggle that his AK47 riffle discharged a shot that killed Mr. Adegboyega.

(source: Premium Times)






TAIWAN:

Review calls for death penalty to be thrown out


International human rights experts yesterday presented a report recommending the abolition of capital punishment, work to relieve prison overcrowding, liberalizing policy over drug users and decriminalizing adultery.

The report listed 78 observations or recommendations for government consideration, following 4 days of meetings in Taipei this week regarding the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The review was the 2nd of its kind since the covenants were adopted by Taiwan in 2009.

The ICCPR panel was chaired by Manfred Nowak of Austria, former UN special rapporteur on torture, while the ICESCR panel was chaired by Eibe Riedel of Germany, former vice chairman of the UN Committee on Economic, Social and Cultural Rights.

Nowak urged President Tsai Ing-wen to take decisive steps by introducing a moratorium on executions, with the aim of full abolition of the death penalty in the near future.

"The committee is also concerned about overcrowding of detainees in the prison system, which leads to a variety of human rights problems, such as poor hygiene, a lack of privacy and increased violence," Nowak said in presenting the report at the Ministry of Justice building yesterday.

"We recommend the government constructs new prison facilities and reduces the number of detainees by liberalizing some of the harsh policies regarding drug users," he said.

The committee recommended legislative changes to reduce the length of criminal proceedings and to provide adequate reparation in cases of excessive detention, Nowak said.

The government should also take steps to decriminalize adultery, as it has a disproportionately negative affect on women and is a violation of the right to privacy, Nowak said.

Nowak said that "Taiwan can show it could be a pioneer in the Asia-Pacific region to combat discrimination on the basis of sexual orientation and gender identity."

The ICESCR report said that while the government had taken steps to recognize the status of Pingpu as Aborigines, it is concerned that the classification of Aborigines into 3 categories - "mountain people," "plains people" and "Pingpu" - is a legacy of the Japanese colonial period and does not correspond with the present situation of 16 official Aboriginal groups.

"The committee recommends that the government apply the classification of indigenous peoples as identified by themselves, and guarantees them full and equal participation and representation," it said, adding that the government should "develop effective mechanisms to seek free, prior and informed consent of indigenous peoples on development programs that affect them."

Miloon Kothari of India, a former UN special rapporteur on housing, said that government policies must move away from an emphasis on economic development and favoring businesses to the detriment of marginalized groups, poor people and Aborigines, as they have led to land expropriation.

Minister Without Portfolio Lin Mei-chu, who co-chaired yesterday's event, said that capital punishment remains in force because most Taiwanese support it and there has been no decline in the number of executions in recent years.

Groups opposing and affirming same-sex marriage staged protests at the event.

(source: Taipei Times)






PAKISTAN:

Pakistan to debate relaxing infamous blasphemy law


A debate over the misuse of Pakistan's blasphemy law is set to begin next week. The law, which carries a death penalty for insulting anything related to Islam and the prophet Muhammad, is often used as a way to settle personal scores against Christians.

The law's been used to hold mother of 5 Asia Bibi on death row since 2010. She was arrested after an argument erupted between her and a group of Muslim women when they became angry at her for drinking the same water as them.

The group accused her of insulting Muhammad - a claim which she denies.

In December, a Christian shopkeeper was arrested and charged with blasphemy after page torn from the Qu'ran was found outside his house by a rival shop owner.

The Christian shopkeeper - who is illiterate - could face a death sentence.

In a move praised by human rights campaigners, Pakistani politicians will discuss ways to install checks and balance on the rules.

But Beth Fuller from Christian persecution watchdog Open Doors told Premier that any changes might not go far enough.

She said: "One of the changes that they have talked about making to these laws is to change the punishment from a mandatory death penalty to life imprisonment which is obviously still a very severe punishment.

"It's difficult to see how these laws could be changed significantly at the moment. But if they are we would welcome that and it would be fantastic to see the change it would make to lives of Christians in Pakistan."

Pakistan ranks as the 6th worst country in the world when it comes to the persecution of Christians, according Open Doors.

(source: premier.org.uk)

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