Oct. 20
PAPUA NEW GUINEA:
Death row inmates denied full protection of the law
The Court, presided over by Justice David Cannings, in a 53 page judgment and
report of the Inquiry, concluded that all prisoners sentenced to death in PNG
are being denied the full protection of the law, contrary to the Constitution
of the country.
And he has ordered a stay on any execution of prisoners who have been sentenced
to death until their rights under the constitution are fully complied with.
The Court which commenced the proceedings on its own initiative, styled as an
inquiry into human rights of prisoners sentenced to death, was to, identify
which prisoners have been sentenced to death, identify what human rights they
have and whether those rights are being afforded to them and examine the role
of the Advisory Committee on the Power of Mercy.
5 respondents, who are senior office-holders in the criminal justice system,
assisted the Court in its inquiry, they were the Principal Legal Adviser and
Attorney-General, the Public Solicitor, the Public Prosecutor, the Commissioner
of the Correctional Service and the Registrar of the National Court and Supreme
Court.
Justice Cannings in his judgment discussed 10 questions which included the
Courts jurisdiction to conduct the inquiry, the procedures used, What offences
attract the death penalty? What is the method of execution of a person
sentenced to death? Who has been sentenced to death? What human rights do
prisoners sentenced to death have? What is the role of the Advisory Committee
on the Power of Mercy? What is the present status of those on death row? Are
the human rights of prisoners sentenced to death being afforded to them? and
what declarations or orders should the court make?
The most serious concern raised in the judgment by Justice Cannings is the
absence of the Advisory Committee on the Power of Mercy which the court found
to have become defunct and accordingly made a declaration to that effect.
"There has been a failure over an extended period on the part of the National
Government, in particular the National Executive Council, to comply with the
duty to facilitate appointments of members of the Advisory Committee on the
Power of Mercy and to provide it with staff and facilities. The Committee has
become defunct. This leaves all prisoners on death row with no effective
opportunity to invoke their right to the full protection of the law by applying
for exercise of the power of mercy."
"This has created a gap in the criminal justice system. It involves a breach of
the Constitution and an infringement of human rights which must be remedied as
a matter of priority."
Other matters of concern raised are the apparent failure of the Correctional
Service to ensure that prisoners sentenced to death are given special care and
treatment in accordance with Section 105 of the Correctional Service Regulation
and the lengthy delays in implementation of the death penalty.
The court ordered that the National Executive Council shall, by January 1,
2018, facilitate appointments of members of the Advisory Committee on the Power
of Mercy and ensure that all arrangements are made, staff and facilities are
provided and steps are taken to enable and facilitate, as far as may reasonably
be, the proper and convenient performance of its functions and that there shall
be no execution of any prisoner who has been sentenced to death, irrespective
of whether his appeal and review rights have been exhausted.
(source: Papua New Guinea Post-Courier)
IRAN:
UN Implores Iran Not to Execute Another Child
The United Nations implored the Iranian Regime to halt today's execution of a
juvenile offender who was sentenced to death at the age of 16.
Several human rights experts released a joint statement, from the Office of the
UN High Commissioner for Human Rights (OHCHR), which read: "The Iranian
authorities must immediately halt the execution of this juvenile offender and
annul the death sentence against him in compliance with their international
obligations ... International standards unequivocally forbid imposing the death
sentence on anyone under 18 years of age."
The experts include: Asma Jahangir, Special Rapporteur on the situation of
human rights in the Islamic Republic of Iran; Agnes Callamard, Special
Rapporteur on extrajudicial, summary or arbitrary executions; and Renate
Winter, current Chairperson of the Committee on the Rights of the Child.
Amirhossein Pourjafar was sentenced to death in September 2016 for the rape and
murder of a 7-year-old Afghan girl. It was claimed that he had the mental
maturity to understand the nature of the crime and the consequences of its
actions.
This sentence was upheld by the Supreme Court in January 2017.
The human rights experts said: "We deplore the continued scheduling of the
executions of juvenile offenders. Iran should immediately and unconditionally
abolish the sentencing of children to death, and engage in a comprehensive
process of commutation of all death sentences issued against children, in line
with juvenile justice standards."
Last week, Amnesty International also raised Pourjafar's case and pleaded for
his life to be spared.
Magdalena Mughrabi, Deputy Middle East and North Africa Director at Amnesty
International, said: "There is no question that this was a horrific crime and
the perpetrator should be held accountable. Amnesty International supports the
demands for justice voiced by Setayesh's bereaved family and the wider Afghan
community in Iran, but executing a 17-year-old boy is not justice. The use of
the death penalty against people convicted of crimes committed while they were
under 18 is absolutely prohibited by international human rights law. If Iran
goes ahead with the execution [it] will be another appalling breach of its
international obligations."
The execution of juvenile offenders is strictly prohibited by the International
Covenant on Civil and Political Rights and the Convention on the Rights of the
Child, an agreement which Iran has signed up to.
In 2016, the Regime was yet again urged to end executions of all juvenile
offenders but in 2017 alone they have executed 4 and there are believed to be
86 more on death row. However, the real number may be much higher given the
secrecy of the Iranian prison system.
Earlier this year, the Iranian Regime executed Alireza Tajiki, who had been
arrested at age 15 and subject to 4 years of torture on death row. It is
believed that the torture led to a false confession and additionally violated
his right to a fair trial.
(source: iranfocus.com)
BAHAMAS:
Murder Study Suggests Allowing Death Penalty To Reduce Killings
In a new study on murders, the National Anti-Drug Secretariat suggested a
change to the constitution to allow for the application of the death penalty in
a bid to reduce killings.
The recommendation is the 1st of 7 key action points based on research
findings, with other tactics like establishing a Violent Repeat Offender (VRO)
programme, establishing sentencing guidelines, and expanding the Swift Justice
programme.
It read: "Many of those opposed to capital punishment fail to understand that
it was not created for prevention but rather incapacitation and retribution.
This fact is made clearer when one considered the fact that 47 of the persons
charged with murder during the study period were previously charged with a
different murder."
The 2006 and 2011 rulings by the Privy Council...have made it virtually
impossible for the death penalty to be carried out in the Bahamas. In fact,
Chief Justice Sir Hartman Longley recently stated that unless there was a
"Charlie Hebdo" attack (referring to the 2015 massacre in Paris), the
likelihood of imposing the death penalty in the Bahamas would be nil.
It continued: "Nonetheless, there may be another avenue to explore. An
Amendment to the Constitution could be made to specify the punishment for a
person convicted of murder is death or life (natural) without parole."
The study was penned by NADS director Police Superintendent Dr Chaswell Hanna,
with research assistants Indirah Belle and Greer McKinney of the National Drug
Observatory.
It analyses 719 murders recorded between 2010 and 2015; revealing that 19 % of
murder victims and 39 % of those charged with murder were on bail.
The Bahamas' murder rate ranks 13 in a survey of 142 countries, said Dr Hanna.
This strategic plan proposes the introduction of several new police
initiatives, policy adjustments, constitutional amendments and community-based
programmes to reduce murder and other violent crimes," he said.
"The strategy gives evidence-based solutions to policy makers which they can
use to guide decisions.
Dr Hanna added: "We are happy that this study adds to the relatively small but
growing body of local research, which can be further explored by other
researchers at the University of the Bahamas."
The book underscored recommendations contained therein may not reflect the
views, opinions or positions of the Ministry of National Security or the Royal
Bahamas Police Force.
It maintained while some recommendations may not be enacted, their presentation
provided a space for policy makers to take an "out of the box" approach to
murder reduction.
The murder reduction strategy hinges on seven key action points: punish the
most violent offenders; stop illegal gun trafficking; establish a DNA forensic
lab; dismantle gangs; keep youth drug-free; and to increase economic and
educational opportunities.
(source: tribune242.com)
INDIA:
Time to abolish death sentence
The Gujarat high court's judgement in the Godhra train carnage case, commuting
the death sentence of 11 convicts to life terms recently, is a welcome
assertion of the value of life over the common clamour to award the worst
punishment in the book to anyone who commits a murder that catches attention or
any other crime for which capital punishment is prescribed.
The court did well to take a more human and obviously the right view on
punishment when, unfortunately, efforts are being made to harden the popular
mood on crime and punishment in the country. The trial court had awarded life
sentences to 20 other accused and acquitted 63 persons of the charges against
them. The high court has upheld the life sentences and the acquittals, and
modified the death sentences. It also said that the crime for which they have
been punished was neither an act of terrorism nor a war against the state.
The court's reasoning is worth noting and its relevance and importance go
beyond the Godhra case. It said: "Death penalties eliminate a person to a point
of no return. While considering the question of sentence to death, a duty is
cast upon the court to deliberate on various facets of sentence and to immunise
itself to avoid branding imposition of death sentence as "judge-centric" or
"bloodthirsty". This is a welcome realisation and should guide all the courts
when they consider awarding the most extreme punishment to an accused. The
Godhra train carnage would qualify to be considered as the "rarest of rare"
crimes which, according to the prevalent judicial norm, would warrant the death
penalty. The trial court had described it so. But the high court has taken the
view that it still did not justify the award of death sentence to the accused.
By sparing the noose for the Godhra case convicts, the high court may have sent
out a strong message against capital punishment even for those charged with
horrific crimes. The court's words underline the responsibility of courts to
ensure that their decisions are not prompted by a subjective element or a
"thirst for blood". However, the very provision for capital punishment is based
on the notion of an eye for an eye, which is basically thirst for blood.
Recently, the Supreme Court queried whether there should not be a better and
gentler way of executing capital punishment than hanging. All these may be
signs of a growing discomfort in the judiciary over capital punishment. But the
provision for capital punishment itself should be done away with, as the law
must not kill and must aim at reformation rather than retribution.
(source: Deccan Herald)
PAKISTAN:
In the interest of justice
After nearly 3 years of state-sanctioned violence during which 465 condemned
prisoners have been put to death, any move in the opposite direction is welcome
news. Possibly under pressure from Western countries and international human
rights bodies - although one hopes also from a desire to serve the ends of
justice - Pakistan has decided to review the scope of the death penalty and
consider reducing the number of capital offences. Having recently been elected
member of the UN Human Rights Council, and with its Universal Periodic Review
coming up, Pakistan could certainly do with one blot less on its dismal human
rights record. At present, there are 27 crimes in the country that are
punishable by death: among these are offences such as railway sabotage, drug
smuggling and arms trafficking.
There has never been a considered debate about the death penalty in Pakistan,
only an emotional response framed in binary terms. The very lifting of the
moratorium on capital punishment following the APS Peshawar attack on December
2014 was a knee-jerk reaction to a gut-wrenching event. For a state on the back
foot, faced with a furious, grieving public, the quickest way to appear in
control of a rapidly unravelling security situation was to execute some of the
approximately 8,000 prisoners on death row as a form of 'instant retribution'.
This became a pattern in Punjab - the province that carried out 83 % of all
executions during this period - where hangings spiked in the immediate
aftermath of terrorist attacks. Moreover, although the lifting of the
moratorium, at least after the initial months, affected both those convicted of
terrorism-related offences and those on death row for other capital crimes,
only 16 % of executed prisoners had been convicted in the anti-terrorism courts
- further evidence that the hangings were little more than a populist measure.
It stands to reason then that the decline in terrorist attacks has been on
account of effective military action, rather than capital punishment acting as
a deterrent, a theory anyway long debunked by multiple studies.
No debate about the death penalty is complete without considering the appalling
state of the criminal justice system in Pakistan. Unlike the privileged few who
have the means to engage expensive legal counsel, the vast majority of
litigants are at the mercy of state-appointed counsel too overburdened to
provide a proper defence to those whose lives are on the line. Shocking
miscarriages of justice have come to light recently: prisoners executed before
their appeals process had even been completed; juveniles sent to the gallows,
death warrants issued for the physically infirm and the mentally ill, etc.
There have also been several cases where prisoners on death row have been
acquitted after spending years behind bars. That, if nothing else, is the most
compelling argument against the final, irrevocable act of taking a person's
life.
(source: Editorial, Dawn)
***********
Man gets death penalty for murdering niece
A court awarded death sentence to a murder convict in Dera Ghazi Khan. The
judgment was announced by District and Sessions Judge Chaudhry Munir ahmed.
The prosecution told the court that accused Nazeer Ahmed had gunned down his
niece Najma Bibi over a family dispute.
The local police registered a case against the accused and presented the
challan before the court. After hearing the arguments, the judge handed down
death sentence to Nazeer Ahmad and imposed a fine of Rs0.5 million on the
convict.
The court also ordered that the convict would have to undergo an additional 6
months imprisonment if he failed to pay the fine amount.
Murderer gets death sentence
Earlier, a court awarded death sentence to an accused for his involvement in a
murder case in Sargodha.
The judgment was announced by Additional Sessions Judge Irfan Ahmed Sheikh.
Convict Jabir Hussain, a resident of Khushab, had killed his wife Nasira
Parveen and sister-in-law Shahida Parveen over a family dispute on October 30,
2016.
The local police registered a case against him and presented the challan before
the court. After hearing the arguments, the judge handed down death sentence on
2 counts to the convict along with a fine of Rs1 million.
(source: The Express Tribune)
**************************
ATC award death sentence to man who threw acid on woman in Multan
An Anti-Terrorism Court awarded death sentence to a man for throwing acid and
murdering a woman in Multan. The judgment was announced by ATC-1 Judge Malik
Khalid Mahmood. The prosecution told the court that accused Kashif alias Kashi
had thrown acid on a woman Mumtaz Bibi after she refused to get involved in
immoral activities with him. As a result, she suffered severe burn injuries and
later died at the hospital.
However, the police arrested Kashif and registered a case against him. The
police produced the accused before the court where he was found guilty. After
hearing witnesses and analysing the evidence, the ATC judge awarded death
sentence and life imprisonment on two counts to Kashif. The court also imposed
a fine of Rs2 million on the convict.
(source: The Nation)
INDONESIA:
Drug courier sentenced to death in Jambi
Exceeding the demand of prosecutors, the Kuala Tungkal District Court in the
Jambi regency of West Tanjungjbung has sentenced to death a 30-year-old man
found guilty of drug offenses.
The court handed down on "defendant Dranny Putrawira aka Putra aka Puput Bin
Zaitul Ikhlas the death penalty," presiding judge Achmad Peten Sili read out
the verdict on Thursday.
Prosecutors had sought a life sentence for Dranny.
The resident of Batam, Riau Islands, is 1 of 4 defendants indicted for
distributing 8.5 kilograms of crystal methamphetamine.
All 4 were found guilty of violating the 2009 Narcotics Law.
The 2nd defendant, 27-year-old Feri Sarah Rahyan, aka Fika, also from Batam,
was sentenced to 15 years in prison and Rp 10 billion (US$740,000) in fines or
an additional 6 months in prison.
That sentence was lighter than the 18 years of imprisonment sought by the
prosecutors.
The other 2 defendants, Hery Kushartanto, aka Heri, and Erwin Syahrudin, who
were tried separately, were each sentenced to 12 years in prison and Rp 10
billion in fines.
Prosecutors had sought 17 years of imprisonment for each of the 2.
Dranny and Hery said they would file appeals, while Erwin said he accepted the
verdict. Fika, meanwhile, said she had not decided yet whether to file an
appeal or not.
Dranny was caught carrying crystal meth upon arrival at Kuala Tungkal Port from
Batam on Feb. 27. The investigation led to the arrest of the other 3.
(source: Jakarta Post)
KENYA:
Nurse sentenced to death for procuring abortion set free
A nurse who was sentenced to hang for helping a teenage girl procure an
abortion has been freed after 3 years on death row and five in remand. Jackson
Tali, 44, became the 1st registered nurse to face the hangman's noose in 2014
for procuring an abortion that led to the death of the girl and the foetus in
2009.
Court of Appeal judges Philip Waki, Roseline Nambuye and Kathurima M'Inoti
saved Mr Tali from the death penalty, ruling that the evidence relied on by the
High Court to convict him was not sufficient.
"On the whole, we are not satisfied that the offence of murder was proved
beyond any reasonable doubt. All that was established was suspicion that he may
have had a hand in the girl's death but mere suspicion, however strong, cannot
justify the death sentence," the judges ruled.
Soon after the judges ordered him set free, Tali expressed regret that he was
made to spend 8 years in jail for doing his duty according to his profession.
He said the experience scared him, adding that he would not be in a hurry to go
back to medical practice.
He has asked the Government to enact laws to govern safe abortions so that no
one else goes through what he experienced at Kamiti Maximum Security Prison.
"The fact that I was charged and sentenced to death because of my work caused
fear among nurses. People should realise we deal with human life and we should
not be punished for what happens while we are performing our duties," he said.
The incident that led to Tali's imprisonment occurred in Gachie, Kiambu County,
on July 27, 2009. The teenage girl, Christine Atieno, was in the early stages
of pregnancy and living with her aunt. She wanted to terminate the pregnancy
and visited Tali's clinic.
The prosecution said after realising the operation had gone wrong and that the
girl was dying, Tali tried to take her to another hospital. She died inside the
car.
Tali allegedly told police that a patient had died in his car while he was
taking her to hospital. He was arrested and remanded at Kamiti.
"The appellant gave an elaborate defence explaining his interaction with the
girl... but his evidence was given short shrift and dismissed by the trial
court without proper and contextual analysis," ruled the judges on Thursday.
(source: standardmedia.co.ke)
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