Sept. 24
BARBADOS:
A GUY'S VIEW----Do not insult our intelligence
This newspaper's edition of September 20, 2017, reported that the National
Human Rights Officer for Barbados and the Organisation of East Caribbean States
posited that there is a need for research into the death penalty and how the
general public views this punishment in Barbados.
That report was evidence of a perfect example of an international body seeking
to hoodwink an entire population with senselessness. The only good thing, I
hope, is that tax payers' money is not going towards any portion of their
useless work.
As they may have done elsewhere, they could focus their investigation on a
particular interest group, like defence attorneys, and then extrapolate from
that finding to the rest of the country. But it is in poor taste for any person
to sit in front of a Barbadian audience and say that they intend to investigate
what or how Barbadians feel about the death penalty.
One of the things that may cause the outstanding work of the Attorney General
of this country to be diminished in the eyes of many Barbadians is the
perception that he has something to do with this country's refusal to execute
murderers. Although it may be common knowledge in informed circles, it is
apparently not so well known by the lady on the Bathsheba bus that while the
death penalty remains on our books, for practical reasons, we cannot execute
anyone.
If my memory serves me well, I believe that the Attorney General has let slip
that no one will hang during his tenure. He was not necessarily suggesting that
he is against the death penalty, although he might be, but was merely stating a
fact. No one will hang during his tenure, or that of his successors for a long
time to come.
An unfortunate reference was made to the June 5, 1999 hanging of the Dole
Chadee gang in Trinidad as evidence that the death penalty has not prevented
violence in that country. It is indeed fruitless to take a one-off action and
expect that it would forever influence behaviour in any significant way. That
event is the high water mark of how not to use the death penalty.
Effective use of the death penalty cannot be a knee jerk reaction to a
particular crime. Dole Chadee and his gang took out a family because of a
botched drug event. That killing outraged persons, not only in Trinidad, but
across the Caribbean. I am old enough to remember the atmosphere at that time.
An extract from the Los Angeles Times painted the societal picture in Trinidad
then: "Marking the moment with prayer and protest, the church bell at the
capital's Roman Catholic Cathedral tolled 9 times at 8 a.m. - a reminder,
Archbishop Anthony Pantin said, that 'enough blood has been spilled.'"
But with hourly news bulletins, street-corner banter and banner headlines
announcing, "Hanging Time," many in this crime-weary nation of 1.3 million
heaved a sigh of relief that justice was done."
In "democratic" countries, different interests compete for prominence.
Unfortunately, in the Caribbean, as elsewhere, the wishes of the majority are
only acknowledged when they are shared with the views of the powerful. What the
majority of Trinidadians felt then, or feel now, really does not matter. The
power bases in the society said no more, and there have been no more.
In a great display of puff, Trinidad withdrew from the jurisdiction of
Inter-American Court on Human Rights because that organisation stood firmly
against the death penalty and did everything to obstruct that punishment.
On May 26, 1998, the government of Trinidad and Tobago notified the Secretary
General of the Organisation of American States that it was withdrawing its
ratification of the American Convention on Human Rights. That withdrawal became
effective 1 year later. There has since been a lot of talk about executions,
but none has followed.
With the full knowledge of the intention and tactics of the said Inter-American
Court, Barbados has chosen to remain loyal to that organisation. If there were
any doubt about this country's willingness to carry out the death penalty,
there should now be none.
Our history is one of always being told what to do. When we were slave
societies, our people had no say in what was done in their country or even done
to them personally. When we graduated to "free" colonial status, we still had
no say in what would be done in our country. At the level of decision making,
we could or could not agree with any decision, it made no difference. Now, as
independent Caribbean states, the wishes of the majority of our people is of no
moment on the issue of the death penalty.
It is commonly believed that our last executions in Barbados were dictated by
the status of the victim who suffered at the hands of her killers. That could
never be an appropriate use of that punishment. If an act is unlawful, it
should attract the same punishment, regardless of who suffered by it. Would it
take a similar circumstance to trigger the use of this punishment again? Such
use would be wrong, and in any event, a single act of state revenge would not
change the national situation. For any penalty to be effective, it must be
applied in a fair and transparent manner on a sustained basis. It cannot be
used as shock therapy.
The plan is for there never to be another state execution in Barbados, but
perhaps one day the people will stand up and insist that their voice be heard.
If that ever happens, before they are completely brainwashed, hanging will
recommence. But there should be no holding of breath. There would literally
have to be a revolution in Barbados for hanging to resume.
The United Nations need not investigate anything in Barbados about this
penalty. They have already done enough to ensure that it will not be carried
out again here. Barbados no longer has the sovereignty to make such a decision
and they know it.
(source: Editorial, Barbados Advocate)
BANGLADESH:
Death-row convict Juba League leader back in politics
Orders to hang Juba League leader Aslam Fakir, convicted for murder, were
suspended at the last moment due to his 'unnatural' behaviour.
However, there is nothing 'unnatural' in his behaviour following his release
from prison. On the contrary, he is busy with his political campaigning.
Aslam Fakir has been seen with the Faridpur-4 member of parliament member and
ruling Awami League (AL) presidium member Kazi Zafarullah and his wife Nilufer
Zafarullah, also an MP, at different programmes in the area after his release.
The 2 MPs are said to have backed Aslam's release from prison. Aslam also has
ambitions to become a local representative and an AL leader.
Asked over phone about how he got sick just before being hanged, Aslam said, "I
was not sick, I just got scared as the conviction was fixed. The next day I saw
the conviction was cancelled."
When asked who helped him to get clemency, Aslam replied, "Who else? Leader
Zafarullah and his wife MP Nilofer Zafarullah. They showed what they can do."
Faridpur's Bhanga upazila Juba League leader Aslam Fakir was accused on 25
September 2005 of murdering Manikdaha union chairman Shaheb Ali alias Shaheb
Miah.
District and sessions court sentenced him to death in the murder case. The
verdict was also upheld by the High Court.
Kashimpur central prison sources said, Aslam Fakir appealed for a presidential
clemency on 19 May 2013, which was rejected on 13 October 2014 and he was to be
hanged on 13 November 2014.
However, the death penalty was suspended on 12 November, just at the last
moment due to Aslam's 'unnatural' behaviour.
Plea for a presidential clemency, for the 2nd time, was also filed on the same
day.
Later on 26 February 2015, the conviction was reduced to a 14-year imprisonment
sentence.
This too was revoked as Nilofer Zafarullah MP issued as recommendation letter
to the home ministry to release Aslam on 26 March for "good behaviour".
Aslam was released from jail on 25 August, after 13 years and 2 days of
imprisonment.
Aslam returned to his home, Manikdaha village, 3 days later on 28 August. "And
the leader is very punctual", he said.
Later the reporter had a talk with Aslam over phone. Aslam said he was
perfectly fine now. He had checkups in different hospitals, and they said he
has no problems now. He is now busy with campaign work.
Kazi Zafarullah said the matter is political and refrained from further
comment.
Home minister Asaduzzaman said, "He was a mental patient. That is why he is
pardoned. This is not right if he is roaming around and campaigning. This is
not right."
Shaheb Miah's wife Paruli Begum, who was a plaintiff in the case, told Prothom
Alo, "Such injustice in intolerable. After being sentenced to death, Aslam
Fakir's pleas for mercy had been rejected. Even so, the orders were withdrawn
just before he was due to hang. Influential people are now celebrating with my
husband's murderer and campaigning in the area."
Lawyer Shahdeen Malik has said, "The incident indicates that we are facing a
sick situation. There is no specific policy to decide who will be pardoned and
who will not. Other countries have a clear policy. Lack of policy is helping
the misuse of power".
(source: prothom-alo.com)
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