April 12
BANGLADESH:
They turned into animals----Observes HC about killers of Sylhet boy Rajon,
upholds death sentence of 4
The perpetrators had turned into a group of animal characters devoid of
humanity when they tortured Sheikh Md Samiul Alam Rajon to death in Sylhet in
2015, said the High Court yesterday as it upheld death penalty of four for
having been directly involved in the killing.
Rajon had been refused water during the torture, the court said, and that
demonstrated the "cruel", "inhuman" and "heinous" nature of the crime.
The death-row convicts are Qamrul Islam, Zakir Hossain alias Pavel, Saddique
Ahmed alias Boro Moyna and Taz Uddin alias Badal. Except for Zakir, all are in
jail.
Zakir has been absconding since the incident, said Assistant Attorney General
Atiqul Haque Salim.
3 convicts -- Quamrul's brother Muhid Alam alias Muhit, Shamim Ahmed and Ali
Haider -- were sentenced to 7 years in prison and 2 others -- Ayaz Ali and
Dulal Ahmed -- to 1 year's imprisonment.
The bench of Justice Jahangir Hossain Selim and Justice Md Jahangir Hossain,
however, commuted the life sentence of Noor Ahmed alias Noor Mia, who had
filmed the brutal incident, to six months' jail.
Rajon's father Sheikh Azizur Rahman Alam, who was present in the courtroom
during the delivery of the judgment, said he got justice.
"I thank the government and judges for ensuring justice. I hope sentences of
the convicts will be executed soon."
The video footage captured by Noor and confessional statements of 2 convicts
proved the accusations brought in the murder case, Atiqul Haque told The Daily
Star.
The HC upheld a lower court's verdict sentencing 5 convicts to different terms
on the grounds that they had tried to hide the body of Rajon, he added.
SM Abul Hossain, a defence lawyer for Quamrul and Muhit, said his clients would
appeal to the Appellate Division of the Supreme Court, challenging the HC
verdict, after receiving the full text of the verdict.
On July 8, 2015, Rajon was beaten to death by a group of brutes in Kumargaon
Bus Stand area of Sylhet sadar, allegedly for trying to steal a rickshaw van.
Noor Ahmed filmed the horrendous incident and shared it on Facebook.
The 28-minute video footage went viral on the social networking site, which
shows prime accused Quamrul Islam hitting the boy with a stick on his feet,
joints of legs, shoulders and head.
A Sylhet court in November 2015 sentenced the four accused, including Quamrul,
to death.
The High Court observed that if anybody is apprehended by public other than
police or legal force over an allegation of committing crimes, he must
immediately be sent to the nearest police station or police must be informed so
that they arrest him and bring him to book.
"Taking a sudden decision on a mere idea can never bring appropriate result. In
this case, it is claimed by the defence against victim Rajon that he tried to
steal a van and for that some angry people killed him by beating him but that
has not been proved by the evidence of either party.
"When an unusual incident takes place beyond expectation, then it is difficult
to retain the situation under control. We must control the environment of our
society having awareness and applying basic law, since otherwise society will
get a negative message and mass people will take the law into their own hands
ignoring the appropriate legal process. In such a situation, innocent people
may be victimised even after having no fault of any crime. People should
acknowledge from the present case that for such crime committed by perpetrators
they are going to meet the gallows and other punishments."
"All of us including the state must be alert to keep the society safe from any
kind of untoward incidents like Rajon's one," Justice Jahangir Hossain Selim
said.
The judge said, "Most of the people of the country do not have the knowledge of
the basic law due to lack of education. To bring the people under awareness of
law and how to apply it, state owned media, electronic and print media
organisations including journalists, all religious leaders and teachers should
come forward to play a significant role".
"Social movement is also a very important factor in this regard and this
awareness of law should be incorporated in the primary education," the court
observed.
(source: The Daily Star)
JAPAN:
Death penalty highlights wider injustices in Japan's legal system
Japan's justice system is under increasing scrutiny following a historic
declaration from the country's largest legal association to bring to light the
country's high conviction rate and continuing use of executions.
The Japanese Federation of Bar Associations went further and called for the
abolition of the death penalty, a move human rights activists hope will open a
dialogue about this issue in the country.
Proponents argue that the use of capital punishment is reserved for only the
most extreme cases - multiple murders, or terrorist attacks such as the 1995
Aum Shinrikyo sarin gas attack that killed 12 people in the Tokyo subway
system. On average, just 1 or 2 people are executed in Japan each year, making
its use far more exclusive than in many countries that still apply capital
punishment.
However, there are major issues with even this limited use. According to
Atsushi Zukeran, chairman of the Japan Association for Social Justice and Human
Rights (Kyuenkai), there have been four cases of people being wrongly convicted
and then sentenced to death in Japan - and this is something he believes that
can happen again.
"There is still the possibility to kill the wrong person in the Japanese death
penalty system," said Zukeran to Equal Times, adding that this is worrisome for
Japan's human rights records. "If someone is falsely charged - and then
executed - there is no way to go back."
The most recent case - that of Hakamada Iwao, who was on death row for 47 years
before DNA evidence led to his release 3 years ago - shows just how difficult
justice can be. Evidence that could have exonerated him during his trial was
withheld from the defence, and even today, he is still awaiting retrial as the
Japanese Prosecutor's Office refuses to accept that he is innocent.
Wider issues with the justice system
Another 130 inmates are still on Japan's death row, notorious for its harsh
treatment of inmates and gross human rights violations. Death row inmates in
Japan are killed by hanging and the date of the execution is kept a secret to
everybody, including to the condemned person, until the morning of the
execution.
Japan has a very high sentencing rate. More than 99 % of criminal trials result
in a guilty verdict. While part of this can be attributed to the relatively low
number of cases that go to trial, some of it is also connected to strong
systematic challenges that make proving one's innocence exceedingly difficult.
According to Zukeran, these challenges start from the moment that a defendant
is suspected.
"Once they are arrested, they are detained for 23 days - from morning to night
in a police station jail, and they do interrogations without the presence of a
lawyer, and in a closed room," he said. "There, they can make false statements,
and that could be the base, or foundation, of a guilty death penalty sentence."
"From there it does not get any better," says Yoshihiro Yasuda, a prominent
lawyer who defends those facing the death penalty. According to him, the trial
itself is stacked in favour of prosecutors, making it incredibly tough to prove
someone's innocence.
"We cannot see the same evidence that the public prosecutor has," Yasuda told
Equal Times. "Also, they can hire freely many experts, and they can use the
public science research institutes, whereas the defence has to pay."
Kyuenkai is calling for three changes that they believe will make the system
more fair: altering the system of interrogation and moving prisoners from
police to judicial detention centres; giving fair access to all evidence to
both sides; and prohibiting appeals of not guilty charges by the prosecution.
Public discussions, not opinion polls
Despite these glaring issues, the death penalty enjoys wide support among the
Japanese public, with recent surveys showing that 80 % of people are in favour
of its use.
For Yuji Ogawara, a lawyer who has worked on several death penalty cases, this
is more symbolic of the fact that there has not yet a real, national discourse
on the use of the death penalty in Japan.
"Personally, I think that we should not decide the...death penalty by the
results of opinion polls. It should be decided by public discussions," said
Ogawara.
"Until now, for people in Japan, there were not many opportunities...to discuss
either abolishing, or keeping the death penalty."
Still, the trend is worrisome. According to Yasuda, Prime Minster Shinzo Abe
may be looking to use the death penalty as a tool to protect the country
against terrorist attacks ahead of the forthcoming 2020 Tokyo Olympics.
"Since Abe became prime minister, in total, 21 people have been executed," said
Yasuda." This is the biggest number among any prime minister.
Awareness of the use of the death penalty in other countries, such as the
United States, China or Indonesia, remains much higher than Japan, and cases
there often get international attention. Many advocates believe that greater
media attention, and pressure, could aid the fight to both abolish the death
penalty, and reform Japan's justice system.
"A long time ago, in France, Catherine Deneuve, the actress, once protested and
threw a bag at the American embassy," said Yasuda. "I want to see people do
that to the Japanese embassy. Then I think Japanese will be woken up."
Ogawara agrees that international attention can help - but cautions that it
must be constructive, as harsh criticism could have unintended consequences.
"Simple foreign pressure will just cause Japanese people's resistance," said
Ogawara.
"That why [it's better] for the international community to give us advice, as a
friend who shares common values."
(source: equaltimes.com)
INDONESIA:
Govt refuses to implement moratorium on death penalty
Attorney General Muhammad Prasetyo indicated that Indonesia would continue to
execute convicts when he confirmed that the government would not implement a
moratorium on the death penalty despite mounting calls from human rights
groups.
He hinted that there would soon be a fourth round of executions.
"We never said we would implement a moratorium," Prasetyo said. "We are
considering many aspects," he added.
Prasetyo made the statement in response to a question raised by United
Development Party (PPP) politician Arsul Sani, who asked him to give updates on
the government's execution plans during a meeting at the House of
Representatives on Wednesday.
Arsul asked about the fate of more than 100 death row convicts in regard to
ongoing discussions between the government and lawmakers on making the death
penalty an alternative sentence as stipulated in the Criminal Code (KUHP) draft
revision.
The bill, which is being deliberated at the House, softens the government's
stance on capital punishment as it stipulates that the punishment can be
reduced to life imprisonment.
Article 89 of the bill states "the death penalty should be the last option
taken to protect the public." It is elaborated further in Article 91, which
says convicts may have their sentences reduced if they behave well during their
imprisonment. The bill does not define the guidelines of death penalty
assessments or stipulate institutions authorized to make such assessments.
"If the revised KUHP takes effect while we still have death row convicts, we
will comply with this new law," Prasetyo said.
(source: The Jakarta Post)
PHILIPPINES:
Global youth org urges Senate to reject death penalty
An international youth organization on Wednesday urged the Senate to reject the
proposed death penalty law, arguing that the bill is "intrinsically flawed and
illegal."
In a statement, the International Union of Socialist Youth (IUSY) criticized
the House of Representatives as a "rubber stamp" of President Rodrigo Duterte's
"undemocratic" policies.
Last month, the House of Representatives approved House Bill No. 4727 seeking
to reimpose capital punishment on 7 drug-related offenses.
The IUSY said the measure was railroaded and "did not undergo due process" as
the organization noted how the House leadership stripped some lawmakers of
their committee chairmanships over their no vote on the bill.
"This is undemocratic. A vibrant, functioning democracy provides a platform for
discourse and dissent. As a co-equal branch, it must be ready to act as a
check-and-balance to the excesses of the Executive branch," the group said.
"The current Philippine House of Representatives has, sadly, become a rubber
stamp to President Rodrigo Duterte's undemocratic policies," it added. At the
Senate, 7 death penalty proposals are still pending before the justice
committee chaired by Senator Richard Gordon. Gordon himself is against death
penalty.
"As the Senate reviews its version of the bill, we offer our support to the
Filipino people fighting the death penalty. The Resistance continues," the IUSY
said.
Congress is currently on a break and will resume session on May 2.
The IUSY said there is no compelling reason to reinstate capital punishment for
drug-related offenses.
It said the death penalty bill is "anti-poor" as it "targets small-time drug
peddlers" forced into poverty and inequality.
"Aside from being intrinsically flawed and illegal, the bill is a setback in
the overall fight for freedom, social justice, and human rights and dignity
across the world," it argued.
"The reimposition of the death penalty in the Philippines will affect the
marginalized members of society the most, not the drug lords who have since
fled the country or the corrupt politicians who pocket the money of Filipino
taxpayers," the group added.
Akbayan Youth, a member organization of IUSY, said the death penalty will not
solve the country's problems.
"Young people all over the world have now joined in the global chorus against
President Duterte???s policies that murder the poor. We urge the Senate not to
give its legislative imprimatur to these policies. The killings must now stop
and President Duterte must be held accountable," JC Tejano, national
chairperson of the group, said.
(source: gmanetwork.com)
*********************
Presidential Spokesperson Ernesto Abella has clarified that during the
bilateral meeting between President Rodrigo Duterte and King Salman bin
Abdulaziz al Saud of Saudi Arabia, the issue on Filipinos on death rows was not
discussed.
Based on data from the Department of Foreign Affairs, about 31 Filipinos have
been sentenced with the capital punishment.
Reports on the cases of Filipinos on death row have not reached the King yet.
President Duterte had a plane prepared for Filipinos who will be sent home to
the Philippines because they do not have the necessary documents.
"The process has not yet reached the level of the King. In this case, there is
no place for us to ask for clemency at this stage so let us wait for the
process regarding death row issues. However regarding amnesty, he did make
mention that he's planning to bring home those would take advantage of the
amnesty program regarding violation of the immigration rules," Presidential
spokesperson Undersecretary Ernesto Abella said.
Some agreements are expected to be signed between the Philippines and the
Kingdom of Saudi Arabia.
"We're hoping to sign three agreements during the President's visit. Firstly,
the establishment of political consultations, secondly, the bilateral labor
agreement. And thirdly, a foreign service institute," said Philippine Charge
d'Affaires in Riyadh Saudi Arabia Consul Imelda Panolong.
Both sides have also talked about cooperation for maintaining the security and
the eradication of transnational crimes like illegal drugs trade and terrorism.
President Duterte will meet with businessmen in Riyadh to urge them to invest
in the Philippines particularly in Mindanao.
The last part of President Duterte's visit in KSA includes a visit at the
Filipino community gathering where some 2,000 overseas Filipino workers are
expected to attend.
Based on data from the Philippine Embassy in Riyadh, 76 % of the voters in KSA
voted for President Duterte during the last elections.
(source: Yahoo News)
GHANA:
Amnesty International urges Ghana to abolish death penalty
The Amnesty International (AI), a human rights group, has urged the Government
of Ghana to abolish the death penalty.
Mr Frank Doyi, the Acting Director, AI Ghana, said: "The death penalty is the
ultimate denial of human rights. It is premeditated and cold-blooded killing of
a human being by the state. This cruel, inhuman and degrading punishment is
done in the name of justice."
He said the death penalty violates the right to life as proclaimed in the
Universal Declaration of Human rights.
He said Ghana's retentionist policy of the death penalty was out of step with
the rest of the world; stating that abolition of the death penalty would
reinforce Ghana's commitment to human rights.
Mr Doyi made the appeal on Tuesday in Accra during the launch of the Amnesty
International Global Report: "Death Sentences and Executions 2016".
He said Article 13 of the 1992 Ghanaian Constitution guarantees the right to
life, however the same article allows for the death penalty.
He noted that Article 3(3) provides for mandatory death sentence for the
persons convicted of high treason.
"We call on the Government of Ghana to expedite action on the review of the
1992 Constitution to: Amend articles 3 (3) and 13 (1) of the 1992 Constitution
to remove the mandatory death sentence for persons convicted of high treason
(3(3)) and to prohibit the execution of the citizens by the state (13(1))," he
said.
He noted that according to information that the Ghana Prisons Service provided
to AI, no executions were carried out in 2016, whilst 17 death sentences were
imposed.
Mr Doyi said at the end of the year, 148 people were under sentence of death, 7
of whom were foreign nationals - 5 Togolese, 1 Burkinabe and 1 Nigerian; adding
that 4 commutations were granted and 1 person was exonerated.
He said Ghana had international human rights obligations to respect, protect
and fulfill the human rights for everyone within its juisdiction, without
discrimination.
"These human rights include the right to life, the right not to be subjected to
torture or other cruel, inhuman or degrading treatment or punishment, and the
right to a fair trial," Mr Doyi stated.
"Ghana has explicitly accepted obligations in regard to these rights in the
international and regional human rights treaties which it has ratified,
including the international Covenant on Civil and Political Rights and the
African Charter on Human and Peoples' Rights," he added.
He said Ghana had ratified the Optional Protocol to the Convention Against
Torture and other cruel, inhuman or degrading treatment or punishment.
He said the acceptance of the proposal for the abolition of the death penalty
would provide a unique opportunity for Ghana to truly and fully commit to the
protection of the internationally recognise human rights.
Dr Vincent Adzahlie-Mensah, AI Board Member, said government's white paper on
the constitutional review report backs the abolishing of the death penalty in
Ghana.
He therefore, appealed to government to ensure that a referendum was held to
approve the appropriate constitutional amendments.
"What we need is for government to protect us from our killers, rather than
kill our killers," he added.
Mr Ron Strikker, the Dutch Ambassador to Ghana said his country and the
European Union would support every effort by Ghana to abolish the death
penalty.
Mr Lawrence Amesu, retired Director, AI Ghana, who chaired the event, said at
the time AI started advocating for the abolishing of the death penalty, there
were only 18 countries that had done that, but now the number had progress to
104.
He said AI looks forward to seeing the day when there would be no death penalty
in the world.
Mrs Yvonne Atakora Obuobisa, Director of Public Prosecution, Attorney General's
Department, said "It is gratifying to note that we all want an end to the death
penalty".
She said after the necessary constitutional procedures had been met, government
would hold a referendum on the recommendations of the constitutional review
committee; which would lead to the abolishing of the death penalty.
(source: ghanabusinessnews.com)
ZIMBABWE:
Abolish Death Penalty, Zimbabwe Urged
Amnesty International has pleaded with Zimbabwe to abolish the death penalty
with some 97 convicts currently awaiting the hangman's noose in the country.
The Zimbabwean constitution now exempts women and those under 21 from the
penalty.
Although the country last implemented the death sentence in 2003, it remains 1
of the only 3 countries in the region yet to abolish the sentence.
Amnesty fears that Botswana's executions last year may cause the region to
regress.
"Malawi, Zambia and Zimbabwe were the only countries in Southern Africa who
handed down death sentences in 2016 - a total of 110, the overwhelming majority
of which (101) were in Zambia," said Amnesty in its latest report released this
Tuesday.
"Botswana's step backward must not be replicated elsewhere in the region. While
they didn't carry out any executions, Malawi, Zambia and Zimbabwe continued to
hand down death sentences. We urge all countries to totally abolish the death
penalty."
At least 283 people across the region were under sentence of death at the end
of 2016, including 157 in Zambia and 97 in Zimbabwe.
Justice minister Emmerson Mnangagwa has since declared his opposition to the
death penalty.
"At a time when the number of countries carrying out executions around the
world is going down, indicating that the world is moving away from this
inhumane and degrading form of punishment, Botswana is the only country in the
region still showing flagrant contempt for the right to life," said Deprose
Muchena, Amnesty International's Regional Director for Southern Africa.
Across sub-Saharan Africa as a whole fewer executions were recorded but the
number of death sentences more than doubled, largely due to a steep rise in
Nigeria.
About 1,032 executions were carried-out worldwide in 2016, down 37 % from 2015.
Iran, Saudi Arabia, Iraq and Pakistan join China as world's top 5 executioners.
China however remains the leading country in terms of executions in the world
with over 1 100 executions. The world generally registered a drop in
executions.
(source: allafrica.com)
GLOBAL:
Doing Away with the Death Penalty----Amnesty International Says Executions
Globally Have Fallen, Despite Record Rise in Death Sentences
Last year saw a record number of death sentences, according to Amnesty
International's annual report on the issue, released today.
That's dispiriting news for opponents of the death penalty - a uniquely cruel
and irreversible punishment. But the picture emerging from the annual roundup
isn't entirely bleak.
For example, there were fewer reported executions worldwide, and fewer
countries carried out executions, compared to 2015.
Executions in Iran fell by more than 40 % compared to 2015 - especially
significant because Iran accounted for more than 1/2 of all known executions
last year. Pakistan, another country that carries out death sentences in large
numbers, saw a 73 % fall in executions last year.
In the United States, the number of executions is at its lowest in 25 years,
and fewer death sentences were imposed than in any year since 1973. That's due
in part to court decisions throwing out capital sentencing laws in Florida and
Delaware. The refusal by European pharmaceutical companies to supply US states
with the drugs used for lethal injections also contributed to the sharp
decline.
The use of the death penalty for crimes committed by children, prohibited by
international law, fell for the 2nd year running. Iran was the only country
known to execute or impose death sentences for crimes committed by individuals
under age 18. It executed at least 2 juvenile offenders - and possibly 7 or
more - in 2016, but fewer than the 14 it put to death in 2014.
Amnesty International has always cautioned that its figures, compiled on the
best available information, may not reflect the real total.
Some countries, including Thailand, were more forthcoming with data than in
previous years, Amnesty International said.
On the other hand, Belarus, China, and Vietnam treat death penalty data as
state secrets, and armed conflict or authoritarian rule means there's little or
no information from countries like Laos, North Korea, Syria, and Yemen.
These gaps are significant. China is likely the world leader in death sentences
and executions, a dubious title it has held for years. New data shows that more
than 400 death-row inmates in Vietnam were given lethal injection between 2013
and 2016. And Syria secretly executed thousands of prisoners from 2011 through
at least 2015, Amnesty International recently reported.
Overall, however, there's enough good news in today's report to confirm Amnesty
International's conclusion that there's a continuing global trend toward
abolition.
(source: Human Rights Watch)
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