Feb. 27
PAKISTAN:
Executing juveniles
Pakistan is one of the few countries in the world that continues to mercilessly
execute prisoners for crimes committed when they were juveniles even though it
has passed laws banning it. The Juvenile Justice System Ordinance 2000
explicitly states that no child shall be awarded punishment of death while
Pakistan has also ratified the Convention on the Rights of the Child and the
International Covenant on Civil and Political Rights, both of which forbid
capital punishment for juveniles. Yet, according to a report from the Justice
Project Pakistan, about 10 % - or 800 persons - of the death row population is
made up of juvenile offenders. Since 2015, when that eerie pre-dawn walk to the
gallows began once again, at least 6 persons who were juveniles at the time of
the crime they were found guilty of having committed have been hanged. The
youngest amongst them was only 14 when accused of murder. In the case of Aftab
Bahadur, to whom the report is dedicated, the boy convicted at the age of 14 of
murder spent 24 years in jail before he was hanged while the man who had
testified against him stood outside the police gates crying and screaming that
his testimony had been extracted through coercion.
The reason we continue to execute juvenile offenders is because, at least in
practice, the state has decided that the Juvenile System Ordinance does not
extend to anti-terrorism courts. Since anti-terrorism courts now hear all
manner of cases unrelated to terrorism, this is used as a loophole to execute
juvenile offenders. In addition, the courts put the burden of proof on
establishing their age on the defendants themselves. According to the JPP, the
courts do not even accept Nadra-issued identification documents as they are
said to be unreliable. But the onus should then be on the state to ascertain
the correct age of a defendant rather than forcing the defendants themselves,
who are usually poor and uneducated, to prove it. The courts could also order
bone density test - which has a margin of error of 2 years - to better
determine age, with the benefit of the doubt given to the defendant. More than
anything else, we need to change how we think of juvenile offenders.
Incarceration should be used sparingly and where it is deemed necessary, the
focus should be on reform, not punishment. The children who are sent to prison
need to be given an education, taught necessary life skills and given access to
counselling. And they should never be kept in the same prison as adults, as
happens regularly in Pakistan. In prison, children are more vulnerable to
torture, rape and beatings, and are likely to be far more damaged when they are
released from prison than when they first entered it. That this happens so
often is an indictment of Pakistan's justice system and highlights the dangers
of using the death penalty so frequently in a situation where there is no
guarantee that persons will receive the justice due to them under the law.
(source: thenews.com.pk)
QATAR:
Verdict in Lauren Patterson murder case expected next month
The fate of a man facing the death penalty for killing a teacher in Qatar will
be decided on March 27, a local court has said.
The verdict date was set yesterday after closing arguments were heard in the
retrial of Badr Hashim Al-Jabr.
He was first convicted of killing Lauren Patterson in 2014. During that trial,
he had been accused of having sex outside of marriage with the British expat
and stabbing her to death.
Qatar's Court of Appeal upheld the lower court's verdict in 2015.
However, last year, the ruling was vacated by the Court of Cassation, which
ordered a new trial.
'Closer to the end'
Speaking to Doha News this week, mother Alison Patterson said "justice for
Lauren (is) hopefully getting closer."
She added that her family's lawyer spoke passionately during yesterday's
hearing.
The attorney called her daughter's murder the ???worst crime ever committed in
Qatar," and urged the court to follow the evidence when making its decision.
Patterson, 24, was last seen alive leaving a La Cigale nightclub in October
2013 with Al-Jabar and his friend, Mohamed Abdallah Hassan Abdul Aziz.
Her burned remains were found hours later in the desert, along with the murder
weapon, a knife.
Relying on investigation results and confessions from the men, a Qatar
prosecutor previously told the court that Al-Jabar took Patterson to a home he
used for sexual trysts with women.
He then "conquered her body," and killed her by stabbing her twice.
Questionable confession?
Abdul Aziz has served a 3-year sentence for his role in the killing, and was
released.
For its part, the defense had maintained that Patterson's death had been an
accident, and asserted that confessions obtained from the 2 men on trial were
coerced.
Back in 2014, the court said the death penalty would be carried out by either
hanging or shooting.
Notably, while the death penalty is still being handed out in Qatari courts,
this sentence has not been carried out in the country for over a decade.
(source: dohanews.com)
UNITED ARAB EMIRATES:
Dubai court upholds death sentence of Obaida killer
He will also be required to pay Dh21,000 to the aggrieved family
The judicial hearings in the case against a 49 year-old Jordanian man accused
of killing and sexually assaulting Obaida - an 8-year-old boy, came to an end
on Monday with the Dubai top court upholding the death sentence given by the 2
lower courts.
With the verdict being confirmed by the Court of Cassation, it is now
irrevocable.
In an earlier hearing, Ali Musabeh, who is representing the defendant - Nidal
Eissa Abdullah, argued in his memo that the report of the committee of
psychiatrists that mentally evaluated his client was not clear, satisfying or
complete in diagnosing his client's anti-social character and showing how his
condition was affected by his alcohol addiction.
Musabeh pleaded earlier for the Court of Appeals to exert leniency towards his
client on the grounds he was showing regret over what he did. He said his
client was under the influence of alcohol and could not recall what happened
that night. He also cited his client's claims of being rejected within his own
family which contributed somehow to his alcohol abuse, as the accused claimed.
The Dubai public prosecution has been pushing all along for the court to
inflict the death penalty against the accused. More recently, Dubai Attorney
-General Eissam Issa Al Humaidan stressed he would not rest until the defendant
is executed.
That same report concluded Abdullah was mentally stable and sane and thus could
be held responsible for his actions and behavior.
Last month, the Court of Appeals upheld the death sentence against the accused
who was convicted in August last year of charges including kidnapping, sexually
assaulting and killing the Jordanian child while drunk.
The boy went missing on May 20, last year, and his body was found 2 days later
on the side of a road in Al Warqa.
Convicts sentenced to death are executed in Dubai by a firing squad.
***********************
Court postpones verdict on woman convicted for killing boss ---- The
28-year-old woman was given the death sentence in May 2015
A Filipino housemaid who was convicted for killing her male boss in Al Ain
might only survive the death sentence if the victim's children refuse to swear
in court and opt for blood money, according to court.
The 28-year-old woman was given the death sentence in May 2015 after the Al Ain
Criminal Court of First Instance found her guilty of murder.
The Filipina, identified as Jennifer Dalquez however appealed against the
sentence with the help of officials from the Philippines Embassy.
Official court documents stated that the woman attacked the Emirati man at his
home in Al Ain on December 7, 2014.
The woman, however, denied intentionally killing her boss. She earlier told
court that she attacked the man in self-defence because he tried to rape her
and that she never meant to hurt or kill him.
On Monday, the Appeal Court in Al Ain was to issue a verdict in the maid's
case, but the judge decided to postpone the ruling to a future date so the
victim's 2 children appear in court first and swear before he makes the final
decision.
The judge will ask the deceased Emirati's children to swear before the court 50
times, in the name of Allah, that Jennifer Dalquez is the only person they know
who killed their father and not any other person, said a court official.
"And if this happens, court will uphold the decision of the First Instance
Court which gives the Filipino the death penalty," said the official.
"But if the children refuse to swear in court, then the diya or blood money
shall apply."
The Filipina will then be ordered to pay blood money of Dh200,000 to the
victim's family in addition to serving a jail sentence, which will be decided
by court.
Officials from the Philippine embassy in Abu Dhabi had provided Dalquez with a
defence lawyer and have also promised to continue to provide her with all
possible assistance.
The judge adjourned her trial until March 27.
(source for both: khaleejtimes.com)
SINGAPORE:
Kallang slashings: Duo's sentences upheld by appeal court
The Court of Appeal on Monday (Feb 27) upheld the respective sentences handed
down to 2 Sarawakians who were convicted of a brutal murder in the 2010 Kallang
slashings. Micheal Garing, 28, who had wielded the murder weapon, a 58cm-long
parang, was given the death penalty, while Tony Imba, 38, was sentenced to life
imprisonment and 24 strokes of the cane.
The pair were part of a gang that had gone on a late-night robbery spree in the
Kallang area in May 2010, severely injuring 3 victims and killing a 4th.
Micheal and Tony were convicted by the High Court in 2014 for the murder of
41-year-old construction worker Shanmuganathan Dillidurai.
The prosecution appealed against Tony's sentence of life imprisonment and
caning, arguing that he should also be sentenced to death. Micheal appealed
against his conviction and sentence.
On Monday, a 3-judge appeal court - comprising Judges of Appeal Chao Hick Tin,
Andrew Phang and Judith Prakash - dismissed both appeals.
The court accepted that Micheal had used the parang to attack the construction
worker, an Indian national. The "sheer brutality" of his attack warrants the
imposition of the death penalty as he had shown a blatant disregard for human
life, said the court.
"It seems to us that (Micheal) attacked the deceased in a totally savage and
merciless manner as though he were attacking a hunted prey," said Justice Chao,
delivering the court's decision.
In his "vicious, savage and sustained onslaught", Micheal had struck the top of
the victim's head with such force that his skull cracked and had slit the
victim's throat, he noted.
Turning to Tony's role in the attack, the court said it was not disputed that
he had initiated the attack by knocking the deceased off his bicycle. However,
Justice Chao said the court was not satisfied that Tony had held on to the
deceased for a significant period of time long enough for Micheal to inflict
the fatal injuries.
The verdict was originally scheduled to be delivered last month but the court
agreed to defer delivery of its judgment on the request of defence lawyers
acting for the pair.
The lawyers, Mr Ramesh Tiwary and Mr Amarick Gill, had wanted to interview
Donny Meluda, who was handed to Singapore police on Jan 18. Now going by the
name of Abdul Rahman Abdullah, he has been remanded in custody after being
charged with murder.
However, Mr Tiwary told the court on Monday that Donny has indicated through
the police that he did not wish to be interviewed.
A 4th member of the gang, Hairee Landak, 23, was sentenced in 2013 to 33 years'
jail and 24 strokes of the cane for armed robbery with grievous hurt.
(source: straitstimes.com)
EGYPT:
Egypt parliament rejects abolition of death penalty----Egypt MPs said the death
penalty cannot be abolished because doing so would contradict Islamic Sharia
The human rights committee of Egypt's parliament said it will never recommend
that the death penalty be abolished, responding to repeated calls from foreign
rights groups to end capital punishment.
"Western human rights organisations that lobby for the abolition of the death
penalty should know that this goes against both Islamic Sharia and the
country's constitution," read a statement by the human rights committee on
Sunday.
Alaa Abed, head of the committee, told reporters that the abolition of the
death penalty would violate Islamic Sharia, which is based on the "an eye for
an eye and a tooth for a tooth" doctrine.
"As long as Egypt's constitution states that Islamic Sharia represents the main
source of legislation in Egypt, parliament can never accept that the death
penalty be abolished," he said.
"The imposition of the death penalty in Egypt takes place only after all legal
measures are pursued and after the mufti of Egypt gives final approval.
"Not to mention that the death penalty primarily targets murderers who shed the
blood of citizens on purpose, and as a result should be sentenced to death in
accordance with Islamic Sharia."
Abed indicated that "parliament also stands against Western organisations which
demand that homosexuals and gay marriage be allowed in Egypt."
"Again, I state that this neither goes in line with Islamic Sharia nor with the
deep-rooted religious traditions of the Egyptian people," he added.
Abed said the Human Rights Council affiliated with the United Nations has
recently lobbied Egypt to abolish the death penalty.
"But we said in our response that this penalty can't be abolished because this
violates Islamic Sharia, which represents the backbone of legislation in
Egypt," said Abed.
MP Khaled Hammad, a member of the human rights committee, said: "The death
penalty is a necessity in a country that is facing a ferocious war against
terrorists and criminals."
"It is incomprehensible that terrorists who kill innocent citizens and who bomb
buildings do not face the death penalty. Egypt's parliament does not support
the radical liberal agendas of Western human rights organisations, which show
less interest in national security and religious values," he added.
Atef Makhaleef, deputy head of the human rights committee, said: "Courts in
Egypt have always been keen that the death penalty be imposed on a very limited
scale."
"Many death penalty verdicts had been issued since 2011, but none of them was
imposed because they were revoked by supreme courts," said Makhaleef, adding
that "It is better that the death penalty be implemented on a very limited
scale rather than abolished altogether."
Makhaleef also said the number of executions implemented in Egypt decreased
largely in recent years.
"I think that those who were executed were just two or three criminals who were
found guilty of drug trafficking and espionage," said Makhaleef.
Nabil Polis, a Coptic MP, said: "The death penalty has become important in
recent years because it proved to be a highly effective tool in stemming the
tide of terrorist crimes."
Polis said although some Western countries have abolished the death penalty,
they still implement other fatal penalties such as gassing murderers or
injecting them with poison.
"It is a death penalty but in a different form," said Polis.
Demands for abolishing the death penalty in Egypt have gained momentum in
recent days after the Cassation Court upheld on 20 February death sentences
that had previously been handed to 11 defendants in the Port Said stadium
massacre case of February 2012.
(source: ahram.org.eg)
PHILIPPINES:
House poised to pass 'watered-down' death penalty bill
The House of Representatives is poised to pass a watered-down version of the
bill reimposing the death penalty.
The Supermajority will meet in a closed door caucus again on Monday to perfect
the amendments to the bill which is now 1 step short of the vote on 2nd reading
- which is indicative of the vote on final reading.
The plenary adjourned last week after adopting the substitute bill during the
period of amendments. The substitute bill reduced the crimes that will be
punishable with death penalty to just 4 from the original 21--rape, treason,
plunder and illegal drugs.
House Justice Committee Chair Rey Umali said he thinks they can no longer water
down the bill.
"I don't know how much more we can water it down. It's already watered down,
from 21 crimes down to 4," he said.
"We have agreed through the causes to reduce the crimes covered to 4 namely
treason, plunder, rape and drugs and even within drugs possession is not
covered," he added.
He admitted that the amendments of the bill made it more acceptable to
lawmakers.
The Monday meeting will be a fine tuning of the gravity of provisions of the
bill according to Umali, such as the specifics of the 4 crimes.
"We will just tweak the substitute bill to just make sure ma-cover yung the
more grave crime doon sa final version namin but only will fall within the 4
crimes covered," he said.
Umali also raised the possibility of voting on the bill earlier than scheduled
- which is on Tuesday. 'NO PRESSURE FROM CATHOLIC CHURCH'
Meanwhile, Rep. Estrelita Suansing and Deputy Speaker Gwen Garcia both
maintained there is no Church pressure on them to vote against the bill.
"The answer is no. There is no movement from the Church convincing us [how] to
vote," Suansing said.
"Our archbishop of the Diocese of Cebu, Archbishop Palms, has not made any move
whatsoever. Perhaps they also know my position is for the death penalty. [I'm]
supporting the same position my father had in [the] 8th and 9th congresses,"
Garcia added.
(source: abs-cbn.com)
TURKEY:
What happens to Turkey-EU ties if the death penalty returns?
Reiterating his position on bringing back the death penalty to Turkey,
President Tayyip Erdogan said on Feb. 24 that "I said I would approve the death
penalty if it is approved by the parliament ... If it is not approved by the
parliament, God willing, we will go to the nation for a referendum on that,
too."
The debate heated up when Devlet Bahceli, the leader of the Nationalist
Movement Party (MHP), who supports the shift to an executive presidential
system to be voted on in a April 16 referendum, called on the government to
bring the issue to the parliament immediately, pledging support for it.
The next day on Feb. 23, Prime Minister Binali Yildirim said the government was
not considering taking to parliament before the referendum; Erdogan's remarks
followed that.
It was actually the ruling Justice and Development Party (AK Parti) government
which removed the death penalty from the Turkish Penal Code in 2004 under the
leadership of then Prime Minister Erdogan. The debate to lift the death penalty
had started immediately after the 1999 arrest and death sentence to Abdullah
Ocalan, the founding leader of the outlawed Kurdistan Workers' Party (PKK). At
the time, Bahceli was the partner of a tri-party coalition and despite
objecting to the idea, continued with the coalition as there was support from
other parties in the parliament for the suspension of the implementation.
The reason for that was not to cut ties with European institutions, such as the
Council of Europe (CoE), European Court of Human Rights (ECHR) and the European
Union, in whom Turkey had applied to become a member. As a result, Turkey's
candidacy was approved in the EU summit in December of the same year.
In 2004, the death penalty was completely removed from the system with a
constitutional amendment in parliament and in the framework of EU harmonization
efforts. It was a factor in the EU's opening of the membership negotiations.
The death penalty is not only shunned in the Copenhagen political criteria for
being a member or candidate in the EU, but also has no place in the Venice
Commission decisions of the CoE and the rulings of the ECHR which is considered
the de facto European constitution.
It wasn't a popular subject until the night of July 15, 2016, when a group of
soldiers attempted a coup. The coup attempt, believed to have been masterminded
by Fethullah Gulen, a Turkish Islamist preacher living in the U.S., was foiled
with the resistance of the people, the government, all parties in parliament
and a majority of the armed forces. When a group of supporters among the masses
who rushed to Istanbul's Ataturk Airport to greet President Erdogan asked for
the death penalty for the plotters, Erdogan said he would approve it if the
parliament passed a law.
Garo Paylan, a member of the parliament for the Peoples' Democratic Party
(HDP), which focuses on the Kurdish issue, claimed in an interview to the news
site T24 on Feb. 25 that Erdogan and the government wanted to get rid of the
limitations of the European system by reinstating the death penalty so that it
could be excluded from it. He also claims the reason would be the possible
thousands of applications to the ECHR in the near future which could result in
"billions" of fines against the Turkish government.
Perhaps the justification for the claim is not a very strong one, since the
government implemented additional legal mechanisms to apply against the arrests
and dismissals from jobs under the state of emergency imposed after the 2016
coup attempt, partly in an effort to reduce the number of files going to the
Euro court.
Also, it is counterproductive when you ask the U.S. and EU countries to give
back the members of Gulen's network who are now subject to arrest warrants in
Turkey.
On the other hand, the pledges to reinstate the death penalty contradicts the
AK Parti government's target of further developing ties with the EU, which is
still in force as far as we can understand from recent statements.
PM Yildirim reiterated Turkey's position recently during a visit to Malta on
Feb. 17 by saying, "We hope to begin the work on the [existing] Customs Union
Agreement, which foresees the development of relations with the EU and the
opening of new [negotiation] chapters." On Feb. 20 Turkish EU Affairs Minister
Omer Celik asked for a summit with the EU on the immigration agreement with the
EU and visa flexibilities for Turkish citizens. On Feb. 23, Yildirim said the
new executive presidency system would bring a more transparent and democratic
system, not one-man rule as the naysayers claim.
Is it possible to bring back the death penalty and at the same time advance
democracy and keep developing with the EU? I don't think so.
Is it possible for Turkey to continue relations with the EU as a country which
has reinstated the death penalty? Quite possible, but not as a country in the
CoE-EHCR-EU system, since the EU has many relations with many countries in the
Middle East and Asia with the death penalty in their legislation.
But that would not be the same world for Turkey and the Turkish people.
That would be a pity for Turkey and the Turkish people, and that would be a
pity for the EU countries which maintain a self-destructive, alienating stance
toward Turkey that lacks a strategic dimension that might only be realized too
late if Turkey abandons the system.
I want to hope that this "hang them high" rhetoric is to keep angry nationalist
votes in the "yes" camp until the April 16 referendum.
(source: Murat Yetkin, Hurriyet Daily News)
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