Nov. 23
ZIMBABWE:
Con-woman dupes desperate cash seekers----Over 50 arrested for drug trafficking
since 2012
More than 50 Zimbabweans, mostly women, have been arrested in various countries
since 2012 for drug trafficking. Drug cartels have been increasingly using
Zimbabweans as mules to transport hard drugs to Asian countries, where such
crimes attract a death sentence or life imprisonment.
In June this year, 3 Zimbabwean students were arrested in Cyprus on allegations
of drug trafficking amid revelations that a number of Zimbabwean students
studying in that country were being forced into crime and prostitution after
being offered fake university scholarships.
Parliamentary Portfolio Committee on Foreign Affairs chairperson Cde Kindness
Paradza revealed this while addressing the Bulawayo Press Club. In March last
year, a Zimbabwean woman was arrested at Delhi Airport in India after she was
found with 2 kilogrammes of cocaine worth $1,5 million.
In May 2016, Secretary for Foreign Affairs Mr Joey Bimha said they had received
reports of 10 Zimbabweans arrested in China over drug trafficking, with about 3
women on death row in Beijing. Last year in August, South African Police
arrested 3 Zimbabweans - Aaron Kasirori (36), Tendai Chaparadza (41) and
Tafadzwa Moses Magurira (32) - after they intercepted their truck, which was
carrying 10kg of heroin worth more than R2 million smuggled through Beitbridge
Border Post.
A 27-year-old Zimbabwean woman living in Hillbrow, Johannesburg, was arrested
at Cape Town International Airport for being found in possession of tik
(crystal methamphetamine) valued at R1 822 million in July last year. In March
2012, a Zimbabwean woman was arrested in Hong Kong after being found in
possession of hard drugs while en route to Thailand.
2 other Zimbabweans were also languishing in Malaysian jails after being found
in possession of cocaine. Regina Makwembere (40), was found in possession of
amphetamine drugs in her luggage at the Hong Kong International Airport.
Amphetamine is a psycho-stimulant drug that produces increased wakefulness and
focus in association with decreased fatigue and appetite.
Her arrest followed several warnings issued by the Ministry of Foreign Affairs
to Zimbabweans to be wary of international drug syndicates that reportedly
target locals. At least 16 Zimbabwean women are stuck in Asian jails, 14
convicted of drug smuggling and 2 others awaiting the conclusion of their trial
and face the death penalty if convicted.
(source: herald.co.zw)
EGYPT:
Muslim Brotherhood-backed party submits legal complaint over Egypt executions
Egypt's banned Freedom and Justice Party (FJP) has issued a complaint to the
African Commission on Human and Peoples' Rights over the use of the death
penalty in Egypt.
The complaint was submitted by the FJP, which is the political wing of the
Muslim Brotherhood, through the London-based law firm ITN Solicitors and the
international law specialist Rodney Dixon QC, and refers to 20 people in five
separate cases currently facing execution.
In a statement released through ITN Solicitors on Wednesday, the FJP argued
that "serious evidential and procedural flaws" took place during the trial of
those facing the death penalty, including the obtaining of evidence through
torture.
They called on the commission, which operates under the auspices of the African
Union, to order the cessation of the execution orders. The commission called
for a moratorium on the death penalty among AU member states in 2008.
???All Egyptians are entitled to the protections offered by a fair legal
process as guaranteed in the African Charter," said Tayab Ali, a partner at ITN
Solicitors, in a statement. "This cannot be more important than when the
punishment for guilt is death. In this case, the defendants did not have a
trial that can be remotely described as fair."
"Now that the Egyptian courts have finalised the death penalties imposed on
these people it is imperative that the African Commission intervenes
immediately to ensure that an irreversible mistake is not made."
Supporters of the FJP and Muslim Brotherhood have faced a severe crackdown
since the 2013 military coup which overthrew the government of the FJP-backed
President Mohamed Morsi.
The Muslim Brotherhood was branded a "terrorist" organisation in 2013 and the
FJP was formally banned in August 2014.
Egyptian police have since arrested thousands of Brotherhood leaders and
members, including Morsi.
Hundreds have been sentenced to be executed, although many appeals have been
successful.
Last week, an Egyptian court upheld a life sentence passed in 2016 against
Muslim Brotherhood leader Mohamed Badie over deadly clashes following the 2013
coup.
Egypt's court of cassation, whose rulings cannot be appealed, upheld the
verdict of life terms against Badie and eight others over clashes in the Suez
Canal city of Ismailiya that killed 3 people.
The court also confirmed 3-year jail sentences against 19 defendants and
10-year terms against 29 others.
(source: Middle East Eye)
NIGERIA:
Police seek death penalty for wife who killed ex-PDP chairman's son
The police have filed murder charges against a woman who allegedly murdered her
husband at their residence in Abuja weekend.
Maryam Sanda allegedly stabbed her husband, Bilyaminu Bello-Haliru, multiple
times, the police said.
The victim, Mr. Bello-Haliru, was the son of a former minister and national
chairman of the Peoples Democratic Party, Haliru Bello.
A charge sheet prepared by the police and filed at the FCT High Court accused
Mrs. Sanda of culpable homicide.
The police said the killing was premeditated, and are seeking the death penalty
against the accused in the 2-count charge.
Ms. Sanda stabbed her husband with broken bottles at about 3:50 a.m. with
"absolute intent to kill" him, court filings said. She was charged under
Sections 221, 240 and 247 of the Penal Code.
The police said the murder was committed at Zone 2, Wuse, Abuja, and not
Maitama, as had been widely reported.
The police have secured a 2-week remand warrant to keep the suspect in custody
as homicide detectives continue with investigation, Abuja police spokesperson,
Anjuguri Manzah, said in a statement.
Mr. Manzah said unnamed persons have been questioned by the police in
connection with the case, and there is possibility that other persons might be
charged in the alleged murder.
The matter would be heard at Courtroom No. 32 by the Chief Judge of FCT High
Court, the police said. But no date has been fixed for commencement of trial.
PREMIUM TIMES could not immediately confirm if Mrs. Sanda has named her legal
representatives.
(source: The Premium Times)
ISRAEL:
Liberman's party presses coalition to advance death penalty for
terrorists----Yisrael Beytenu's MK Robert Ilatov says legislation has been
languishing in ministerial panel for nearly a month
A Yisrael Beytenu lawmaker on Thursday urged coalition chairman David Bitan to
advance legislation to apply the death penalty to convicted terrorists.
In a letter, MK Robert Ilatov said the legislation - the advancement of which
is detailed as a condition in the party's coalition agreements - has languished
in the Ministerial Committee for Legislation since late October, when he
revived the bill.
"As you know, this is an important and essential item for Yisrael Beytenu and
was one of the cornerstones for its entry into the government and coalition,"
Ilatov wrote. "Despite this, we see there are those in the coalition who are
trying to dissolve this important issue."
The party, headed by Defense Minister Avigdor Liberman, has long advocated
introducing the death penalty for terrorists. The issue was one of its key
campaign promises in the 2015 elections.
While the proposed legislation has previously failed to garner sufficient
support, Prime Minister Benjamin Netanyahu voiced approval for the measure.
Following a terror attack in July in the West Bank settlement of Halamish, in
which a Palestinian stabbed to death 3 family members of the Salomon family as
they celebrated the birth of a grandson in their home, Netanyahu said he
supported the death penalty for the terrorist, saying it was a fitting
punishment for a "base murderer."
Despite the comment by Netanyahu and a number of other top right-wing political
figures at the time, an IDF prosecutor said the punishment is not Israeli
policy, despite it being permissible under law.
In Israel, the death penalty is applicable only in limited circumstances, and
has only been carried out once in a civilian court - against Nazi war criminal
Adolf Eichmann, one of the architects of the Final Solution, in 1962.
According to a poll in August, over 70 % of Jewish Israelis said they support
the death penalty for terrorists.
The Knesset has several times rejected legislation that would apply the death
penalty to Palestinian terrorists, including in Netanyahu governments.
(source: timesofisrael.com)
UNITED ARAB EMIRATES----execution
Man who sexually assaulted, killed 8-year-old Obaida executed
A 49-year-old man convicted of killing and sexually assaulting an 8-year-old
child was executed on Thursday morning after the death sentence had been
approved by the Dubai Ruler.
The trial of the Jordanian man, Nidal Eissa Abdullah, came to an end in
February after the Dubai high court upheld the capital punishment that was
given by the 2 lower courts. He was found guilty of kidnapping and sexually
assaulting Obaida, also from Jordan.
Defense lawyer Ali Musabeh, confirmed the execution on his Twitter page. "Today
morning Dubai police executed the death sentence issued by Dubai courts, after
it had been approved by Dubai Ruler, on the defendant Nidal Eissa, killer of
Obaida, in Al Ruwayya area in Dubai," Musabeh said in a tweet.
The boy went missing on May 20, 2016, and his body was found 2 days later on
the side of a road in Al Warqa.
The convict Nidal Eissa Abdullah was found guilty of kidnapping, sexually
assaulting and killing the Jordanian child under the influence of alcohol.
The Dubai public prosecution has been pushing all along for the court to
inflict the death penalty against the accused.
Musabeh pleaded earlier for the court to exert leniency towards his client on
the grounds that 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 by his own family which
contributed to his alcohol abuse, as the accused claimed.
A psychiatric report concluded Abdullah was mentally stable and sane and thus
could be held responsible for his actions and behavior.
The court ruling states that the convict's body be repatriated to his home
country after the execution.
A death penalty ruling that comes out of the Dubai Court of Cassation, has to
be approved by the Dubai Ruler before it can be executed, as per article 67 of
the UAE Federal Penal Code.
Convicts sentenced to death are executed in Dubai by a firing squad.
Execution of 2011
In February 2011, Rashid Rubaih Al Rashidi, 31, was executed at 8:35 am by a
firing squad in the shooting square of Al Ruwayyah in the presence of Eissam
Issa Al Humaidan, Dubai Attorney-General, Dr Ahmed Al Haddad, Dubai Mufti, a
prosecutor, a forensic physician, a representative from the penitentiary
establishment and the victim's parents and relatives.
The Ruler of Dubai approved the execution order after Al Rashidi had been
convicted and sentenced to death by Dubai's top court.
Al Rashidi, an Emirati fisherman, was found guilty of raping and murdering a
4-year-old Pakistani boy in a mosque in Al Qusais on the 1st day of Eid Al
Adha. He had lured Mousa to a washroom with the promise of an Eid gift, where
he forcefully sodomised the boy and killed him by sitting on his back,
squeezing his neck and banging his head on the floor.
On June 7, 2010, the Court of Cassation upheld a verdict that sentenced the
convict to death by a firing squad.
On February 10, 2011, Al Rashidi was shot to death by a firing squad.
Commenting on the execution, the victim's father Mukhtar Ahmed Khudabaksh had
said "justice is done''.
According to the Federal Penal procedures law, executions are carried out in
the presence of a prosecutor, a representative of the Ministry of Interior, an
official from the Penitentiary Establishments and a forensic physician.
A cleric may also be allowed to attend.
The family of the victim has the right to attend and should be notified earlier
to make arrangements to be present. Others may attend upon authorization from
the Attorney-General.
(source: khaleejtimes.com)
SAUDI ARABIA:
New Counterterrorism Law Enables Abuse----Criminalizes Criticisms of King and
Crown Prince as Terrorism Offense
Saudi Arabia's new counterterrorism law includes vague and overly broad
definitions of acts of terrorism, in some cases punishable by death, Human
Rights Watch said today.
The law replaces a widely criticized counterterrorism law promulgated in 2014,
adding definitions of specific acts of terrorism and their corresponding
sentencing guidelines. It includes criminal penalties of 5 to 10 years in
prison for portraying the king or crown prince, directly or indirectly, "in a
manner that brings religion or justice into disrepute," and criminalizes a wide
range of peaceful acts that bear no relation to terrorism.
"Saudi authorities are already methodically silencing and locking away peaceful
critics on spurious charges," said Sarah Leah Whitson, Middle East director at
Human Rights Watch. "Instead of improving abusive legislation, Saudi
authorities are doubling down with the ludicrous proposition that criticism of
the crown prince is an act of terrorism."
The Penal Law for Crimes of Terrorism and its Financing, published on November
1, 2017, strips away extensive powers from the Interior Ministry, which Saudi
authorities reorganized in 2017, and transfers them to the newly established
Public Prosecution and Presidency of the State Security, both bodies that
report directly to the king.
The new law carries an overly broad definition of terrorism similar to the
previous law. Unlike the previous definition, the new one includes a specific
reference to violence with the clause "harm an individual or result in their
death, when the purpose - by its nature or its context - is to terrorize people
or force a government or international organization to carry out or prevent it
from carrying out an action."
The new law, however, does not restrict the definition of terrorism to violent
acts. Other conduct it defines as terrorism includes "disturbing public order,"
"shaking the security of the community and the stability of the State,"
"exposing its national unity to danger," and "suspending the basic laws of
governance," all of which are vague and have been used by Saudi authorities to
punish peaceful dissidents and activists. Prominent human rights activists
Abdullah al-Hamid and Mohammed al-Qahtani are serving 11-year and 10-year
sentences respectively, based on charges that contain similar language. Human
rights activist Essam Koshak is currently on trial on similar charges.
The United Nations special rapporteur on human rights and counterterrorism had
concluded in May, following a visit to Saudi Arabia, that he was "concerned
about the unacceptably broad definition of terrorism and the use of Saudi
Arabia's 2014 counter-terrorism law and other national security provisions
against human rights defenders, writers, bloggers, journalists and other
peaceful critics."
One positive change to the definition of terrorism stipulated in article 1 of
the previous law is the removal of the controversial phrase "insulting the
reputation of the State," which prosecutors have vigorously employed to charge
and prosecute dissidents. Article 30 of the new law, however, allows
prosecutors to limit the right to free expression by designating criticism of
the king and the crown prince that "brings religion or justice into disrepute"
as a terrorist act.
Given the new law"s vague definition of terrorism, which could allow
authorities to continue to target peaceful criticism, other provisions of the
law raise alarms, Human Rights Watch said. Article 34, for example, provides a
prison term of 3 to 8 years for anyone who supports, promotes, sympathizes
with, or incites terrorism. Article 35 stipulates a sentence of no less than 15
years for anyone who "misuse[s] their status in any way either academic or
social status or media influence to promote terrorism."
The new law undermines due process and fair trial rights, Human Rights Watch
said. Instead of amending the law to strengthen the role of the judiciary, it
grants the public prosecution and the Presidency of the State Security the
legal authority to arrest and detain people, monitor their communications and
financial data, and search their properties and seize assets without judicial
oversight. The Presidency of State Security can ban a suspect from travel
without notifying them, and the law gives police officers and military
personnel authorization to use force "according to regulations laid down in the
law." No additional regulations on use of force are mentioned in the text.
As in the previous law, article 19 of the new law allows the public prosecution
to hold a suspect in pretrial detention for up to 12 months, with unlimited
extension upon court order, and article 20 allows suspects to be held for up to
90 days in incommunicado detention, where torture and mistreatment are most
frequent, according to the UN special rapporteur on torture. In a memorandum
submitted to the United Nations Committee Against Torture in April 2016, Human
Rights Watch highlighted 7 cases in which detainees tried at the Specialized
Criminal Court (SCC) alleged that confessions were extracted through torture.
Article 21 restricts the suspect's right to a lawyer during interrogation, and
article 27 gives the SCC the authority to hear witnesses and experts without
the defendant or their lawyer present. It requires the court only to inform
them of the content of the testimony, greatly hampering their right to
challenge this evidence.
The law, which includes 27 articles on penalties, introduces the death penalty
for three acts. Articles 40 and 41 state that the court may sentence to death
"anyone who kidnaps or detains a person or threatens to do so in execution of a
terrorist crime" and "anyone who seizes a means of public transport or
threatens to do so in execution of a terrorist crime" whenever any such action
is accompanied by the use or declaration of either weapons or explosives.
International law mandates that in countries that retain capital punishment,
the death penalty should be applied only to the most serious crimes such as
those resulting in death or serious bodily harm, and urges countries to abolish
the death penalty. Human Rights Watch opposes the death penalty in all
circumstances as cruel and inhuman punishment.
"Mohammad bin Salman claims to be a reformist but locking away peaceful critics
as terrorists is the same old despotism we've often seen from Saudi rulers,"
Whitson said.
(source: Human Rights Watch)
MALDIVES:
HC upholds Juvenile Court's death sentence against accomplice in Hussain
Waheed's murder
High Court has on Wednesday upheld the death penalty issued by the Juvenile
Court, over the murder of Hussain Waheed.
Waheed was stabbed on the 24th of December 2013, while near his home, Aisha, in
the Mahchangoalhi district of the capital Male City. While he was stabbed in
the chest with an 8-inch knife, he died while receiving treatment.
According to his medical report, Waheed died due to the injuries suffered
because of the stabbing. It noted that he died before doctors were able to stop
the bleeding from his chest.
The Juvenile Court had issued the death penalty against the accomplice in the
murder, who was identified by eyewitnesses as the individual who had taken the
murderer to and from the crime scene, on his motorcycle. While both the
murderer and accomplice were minors at the time of the attack, the accomplice
was over 18 at the time of sentencing.
Waheed's family had sought capital punishment against those involved in the
murder.
Juvenile Court had issued the death sentence against a 2nd individual over
Waheed's murder. While the sentence has been appealed at the High Court, it is
yet to give out a ruling.
(source: raajje.mv)
MALAYSIA:
Govt tables amendment to allow judges to decide penalty for drug traffickers
Putrajaya tabled today an amendment to the Dangerous Drugs Act 1952 (DDA) to
return discretionary powers to the court instead of imposing the mandatory
death sentence on drug traffickers.
The amendment, tabled for 1st reading today by Minister in the Prime Minister's
Department Datuk Seri Azalina Othman Said, seeks to revert Section 39B as law.
The provision, introduced in an amendment to the DDA or Act 234 in 1975, had
allowed a person convicted of drug trafficking to be punished with jail and
whipping or death.
It was removed in 1983 so that drug traffickers could only be punished with
death.
Under the new amendment to Section 39B(2) of the DDA, any person who is found
guilty of trafficking dangerous drugs can be be punished with either the death
penalty or life in prison and whipping with a minimum of 15 strokes.
The Bill also states several circumstances for the courts to consider when
deciding whether to mete jail for life or the death penalty.
Among the circumstances for the court to consider are the lack of evidence
against the convicted person to show "buying and selling of a dangerous drug"
at the time of arrest, "no involvement of agent provocateur" and the convicted
person's role was merely in "transporting, carrying, sending or delivering a
dangerous drug."
Another consideration is if the public prosecutor certifies in writing to the
court that the person convicted has assisted an enforcement agency in
disrupting drug trafficking activities within or outside the country.
(source: Malay Mail Online)
*******************
Judges to be given discretionary power
Drug traffickers may no longer be slapped with the mandatory death penalty if
proven guilty as the government will table amendments to the law yesterday in
the Dewan Rakyat to return discretionary power to the judges.
While the death penalty remains apex in offences related to drug trafficking,
the amendments proposed to the Dangerous Drugs Act 1952 (DDA) will provide
guided discretion to the judge to mete out sentences.
The amendments will be tabled by Minister in the Prime Minister's Department
Datuk Seri Azalina Othman Said.
It is learnt that the penalties include whipping ranging from 10 to 20 strokes
and life imprisonment for drug traffickers instead of a mandatory death
penalty.
While being mindful that innocent people should not be hanged, the government
is firm in ensuring that kingpins and drug dealers do not take advantage of the
amendments by including stipulations that cover all aspects of drug trafficking
cases.
Azalina had said that a comprehensive study on death penalty in Malaysia was
done by the Attorney-General's Chambers and presented to the Cabinet in March.
The government's bold move was received positively by opposition MPs and NGOs,
especially those who are advocating against death penalties.
Under the original provisions of the DDA, the conviction for drug trafficking
does not carry a mandatory death penalty but gives the judges discretionary
power to mete out a jail term, life sentence or a death penalty.
The law was later amended in 1983 removing the judicial discretion and the
trial judge must, after convicting the accused under Section 39B(1), give him
the death penalty under Section 39B(2).
Amnesty International has said that this is the first move to abolishing the
death penalty once and for all, stating that it is not proven that the death
penalty has acted as a deterrent for drug trafficking.
Currently Section 39B provides for trafficking of dangerous drugs.
As of August this year some 800 people are now on death row after being
convicted of drug trafficking under this section.
"This is a progressive beginning," Azalina told theSun.
(source: The Sun Daily)
INDIA:
State seeks death for all three Kopardi convict----Nikam said that the
conspiracy to rape and murder the girl was hatched by the trio between July 11
and 13.
The arguments on the quantum of punishment in the 2016 gruesome Kopardi rape
and murder case concluded at the special sessions court at Ahmednagar on
Wednesday.
Special public prosecutor Ujjwal Nikam referred to 13 aspects of the crime
while pressing for capital punishment for the 3 convicts and justified his
demand on the grounds that despite being found guilty they did not show any
remorse.
Mr Nikam said this was an indicator that they would not reform even if given
life imprisonment and hence deserved death penalty. The special court will pass
its verdict on November 29.
Arguments on the quantum of punishment for the trio continued on Wednesday with
advocate Balasaheb Khopade who appeared for the 3rd convict Santosh Bhaval
claiming that his client was innocent and was framed.
Mr Khopade said Bhaval had been falsely implicated and evidence had been
fabricated against him in light of the fact that there was no eyewitness who
saw him leave the crime scene.
The incident occurred on July 13, 2016. However, Mr Nikam referring to the
antecedents of the actual day of the crime said Bhaval and Nitin Bhailume had
laughed when Jitendra Shinde, the 1st convict had grabbed the hand of the
15-year-old victim. He further said that on the day of the crime, both Bhaval
and Bhailume had followed the victim on their motorbike when she set off to her
grandfather's place on her bicycle.
Mr Nikam said that the conspiracy to rape and murder the girl was hatched by
the trio between July 11 and 13.
Referring to the behaviour of the trio even after being convicted, Mr Nikam
said Shinde did not show any sign of remorse and the other two convicts also
did not show signs of rehabilitation. He said the trio's sentence should not be
mitigated and they all should be given the death penalty.
The Kopardi incident has been likened to the 2012 Nirbhaya case in Delhi and
has witnessed huge protest rallies by the Maratha community, to which the
victim belonged.
(source: The Asian Age)
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