Nov. 28




SAUDI ARABIA----executions

Saudi Arabia executes 7 for murder, drugs offences



Saudi Arabia on Tuesday executed 6 Yemeni men convicted of murder and robbery and a Saudi man for smuggling drugs, the interior ministry said.

The Yemenis were convicted of forming a gang that killed 2 men and a woman in 3 separate attacks on homes in the southern province of Assir, it said in a statement cited by the SPA news agency.

In each attack, they also stole cash and other items, the statement added.

They were executed at Abha in the southwest of the Gulf kingdom.

The 7th convict, a Saudi, was executed in the northern city of Tabuk after being convicted of smuggling pills, the ministry said.

Saudi Arabia, where executions are carried out in public by the sword, has one of the world's highest execution rates.

The kingdom is governed under a strict form of Islamic law, with suspects convicted of "terrorism", murder, rape, armed robbery and drug trafficking facing the death penalty.

Tuesday's executions take the total number of judicial killings in the ultra-conservative country so far this year to 130, according to data compiled by AFP.

(source: channelnewsasia.com)








IRAN----executions

3 More Executions in Tabriz



3 prisoners were hanged at Tabriz Central Prison on murder charges while 3 other prisoners were hanged at the same prison on Wednesday November 22.

According to a report by HRANA News Agency, on the morning of Sunday November 26, 3 prisoners were executed at Tabriz Central Prison (Northwestern Iran). The prisoners were sentenced to death on murder charges.

1 of the prisoners was identified as Taher Amini, 30, from Maragheh. The prisoner was from ward 9 of Tabriz Central Prison. The 2 other prisoners, who were from ward 12, have not been identified.

3 other prisoners were executed at the same prison on similar charges only 4 days before these executions, on Wednesday November 22.

The execution of these prisoners has not been announced by the state-run media so far.

According to Iran Human Rights annual report on the death penalty, 142 of the 530 execution sentences in 2016 were implemented due to murder charges. There is a lack of a classification of murder by degree in Iran which results in issuing death sentence for any kind of murder regardless of intensity and intent.

(source: Iran Human Rights)








BANGLADESH:

Gallows-glut just----HC highlights necessity of stern sentence while upholding death penalty for 139, life term for 185 in BDR carnage case



The High Court has confirmed death penalty for 139 out of 152 accused who were given capital punishment by a lower court for their involvement in the massacre during the BDR mutiny in 2009.

Terming the offenders "most brutal" and "cold-blooded" murderers, a 3-member special HC bench pronounced the verdict yesterday in the biggest-ever criminal case in the country's history in terms of number of accused and people convicted.

"The most brutal, cold-blooded murderers who committed murders/crimes showing a vicious and wanton disregard for innocent human life, such individual, by their actions, have unequivocally demonstrated that they are a threat to other members of society so long as they are alive," it said, regarding the necessity of capital punishment in this case.

"In order to ensure that the society is completely protected from these dangerous murderers, the only recourse is the finality of capital punishment," said Justice Md Nazrul Islam Talukder while delivering the judgment in a jam-packed courtroom.

"Accordingly, we are of the view that the application and imposition of death penalty as a punishment will certainly and clearly enhance the law and order situation of the country and help reduce and prevent the gruesome murders and inhuman offences of rape in the society as a whole."

The 2 other judges of the bench -- Justice Md Shawkat Hossain and Justice Md Abu Zafor Siddique -- agreed with the observations.

The bench started delivering the judgment on Sunday as it had earlier held hearing on the death references and appeals for 370 days.

In the verdict, the High Court commuted death sentence of 8 of the 152 to life imprisonment and acquitted 4 others. 1 of the death sentenced accused died during the hearing of the appeals and death references at the HC.

It upheld life imprisonment of 146 out of 160 convicted by the trial court, and acquitted 12 of them. 2 convicts died during the HC proceedings.

The HC upheld 10 years' term for 182 out of 256 and awarded each of 2 accused to 10 years and 3 years in jail at the same time. The sentences of the 2 will run concurrently, meaning that they will have to serve 10 years.

The HC sentenced 8 accused to 7 years and 4 others to 3 years in jail. Of the 256, 29 were acquitted, Deputy Attorney General KM Zahid Sarwar Kazal told The Daily Star.

Of the 256, 28 did not file appeal against the lower court verdict and the HC did not say anything about them. Therefore, the lower court conviction will remain in force.

Now both the defence and the state can file appeals before the Appellate Division of Supreme Court against the HC verdict within 30 days from receiving the certified copy of the HC verdict.

The bloody mutiny on February 25-26, 2009 left the nation benumbed, as people stood aghast at the extent of the barbarity perpetrated at the Pilkhana headquarters of the paramilitary force, later renamed Border Guard Bangladesh (BGB).

On November 5, 2013, a Dhaka court had awarded death sentence to 150 BDR members and 2 civilians, and life imprisonment to 160 others in the case.

It also handed down rigorous imprisonment of different terms -- ranging from 1 year to 14 years -- to 256 people, mostly BDR soldiers. It acquitted the remaining 278, but the government later appealed against the acquittal of 69 of them.

With regard to the 69 acquitted, the special HC bench scrapped acquittal of 31 and sentenced them to life imprisonment. Among them, 4 will have to serve 7 years in jail. It upheld the acquittal of 34.

The HC Division of the SC may take some time for writing and releasing the full text of yesterday's verdict and then both the state and defence may move appeals before the Appellate Division against the HC verdict.

Around 1 year might be needed to execute death sentences of the convicts, if the Appellate Division affirms their convictions after hearing and disposing of their appeals on priority basis.

If the special bench of the apex court is not constituted for hearing he appeals or the case proceedings are run on normal course, 3 to 5 years' time might be needed to finish the next procedures of this case, according to the state and defence lawyers.

"The apex court will then hear and dispose of the appeals and it may take another 1 year to deliver the final judgment of the case and to finish the next relevant procedures even if a special bench is constituted in order to deal with the case and its proceedings are run on priority basis," defence counsel, advocate Aminul Islam, told The Daily Star.

Yesterday, the 3-member bench sat at 10:53am to deliver the verdict. A number of relatives of the accused BDR members waited outside the court amid tight security.

Justice Md Nazrul Islam Talukder described establishment of BDR and its glorious role before coming up with some observations and recommendations.

He observed that the BDR carnage was carried out by some designing quarter to create a political crisis and damage the country's democracy.

From the facts and circumstances of the case that there was a plot and
conspiracy either from internal and external sources to uproot, dethrone and depose the newly formed government headed by Prime Minister Sheikh Hasina following the general election in 2008, the judge said.

The court also observed, "The BDR rebels in collaboration with the others sharing their common intention and common object following a criminal conspiracy hatched in secrecy deliberately killed the army officers with a view to exterminating them from the BDR and establishing their full control and supremacy over the force.

"No provocation, no criminal conspiracy, no dissatisfaction and no grievance can justify this sort of atrocities and massacre committed in the Pilkhana atrociously killing 74 persons including 57 high-ups and promising army officers unless there was a plot or conspiracy behind the BDR carnage.

"The incident is an unprecedented event in the history of crime. By that carnage, the nation has lost some promising, pride, distinguished, luminous and outstanding army officers and it will take a long time to fill up the vacuum."

It also said the offences committed by the disgruntled BDR rebels are very shocking, gruesome and diabolical in nature which cannot be accepted and tolerated by the civilised society and the same exceeded all limits of barbarism and incivility.

(source: thedailystar.net)








MALAYSIA:

Judges should be given full discretion on capital punishment



An opposition lawmaker has proposed for judges to be given full discretion in deciding capital punishments for drug convictions.

Ramkarpal Singh (DAP - Bukit Gelugor) said this after submitting 2 objections to the amendment of the Dangerous Drugs Act 2017 which is due for debate this week.

In his objections, Ramkarpal proposed for the removal of a clause that would allow judges to deliver alternative sentences of life imprisonment only if the prosecution issues a certificate declaring the convict cooperated well with authorities.

He explained that the objections dealt with the amendment that gives the Public Prosecutor the power to exercise his discretion instead of such discretion being given to the courts.

"We need to give the authority back to the courts to allow a life imprisonment sentence instead of the death penalty. In other words, it was to do away the mandatory death sentence which had been in place since 1983.

"However, in the amendments that have been proposed, it states that the Public Prosecutor had to first issue a certificate, and only then can the judge exercise his or her discretion when sentencing the accused," he told a press conference at the Dewan Rakyat here today.

He also filed an objection to the bill which he said did not retrospectively apply to those already on death row.

"Currently there are 700-800 people on death row and all of them have been convicted with this Dangerous Drugs Act, but this bill does not apply to them.

"I hope the Government can seriously consider this as this is not a political matter, but a legal matter that especially involves victims who were made drug mules," he said.

On Aug 7, the Cabinet agreed to allow judges to impose an appropriate penalty on drug traffickers instead of the mandatory death sentence.

Last Thursday, the government proposed to revert to the original position of the Dangerous Drugs Act 1952 which will allow the court to decide a punishment of either death or life imprisonment with whipping.

(source: New Straits Times)








BOTSWANA:

CoA Confirms Tselayarona Death Sentence----The Court of Appeal (CoA) has confirmed and upheld a decision of the High Court, that double-murder convict Joseph Tselayarona, must hang by the neck to death.



The Gaborone High Court convicted Tselayarona of Molepolole for the murder of his lover, Ngwanyanaotsile Keikanne and her 3-year-old son, Miguel Keikanne in 2010.

It is said that he murdered his girlfriend in cold blood by stabbing her with a trimmer and a screwdriver in front of her son, while she begged her not to kill her. Then he killed her son in the morning by suffocating him with a pillow.

The trial court had found that extenuating circumstances existed in respect of the murder of the girlfriend, but not in respect of the son.

In his confession statement, which was admitted as evidence in court, Tselayarona stated he also tried to commit suicide with a screwdriver and by cutting his neck veins with a glass. He said he stayed in the house for two days with the corpses, but left the house to visit his friends at Newtown, before the Police arrested him on the 5th day.

He was sentenced to serve 20 years in jail for the murder of his girlfriend and given a death penalty for the son. The convict filed notice to appeal both the conviction and sentence on both counts on March 17, 2017. He argued that the trial court erred in convicting him on the basis of the confession statement, which was not voluntarily done by the accused. He also said the court erred in convicting him by disregarding his anti social disorder personality and that he used dagga.

Tselayarona through his attorney, Kesegofetse Molosiwa prayed for a retrial.

However, this week the CoA bench of Justices Singh Walia, Isaac Lesetedi and Zibani Makhwade dismissed his appeal and confirmed his conviction and sentence on the 2 counts, confirming that the death-row inmate should face the hangman.

Justice Walia, who prepared and handed the judgement, said in the circumstances of the case and crime committed, the sentence of 20 years for the murder of his lover and death sentence were not excessive, but appropriate.

He said the trial court cannot be faulted in respect of both conviction and sentence, but there were extenuating circumstances in the murder of the boy.

"The finding of absence of extenuation is properly made and I might add, if debate had risen, then the aggravating circumstances would have counterbalanced the extenuating circumstances by some considerable margin," he said.

Walia said the importance of the confession statement by the convict could not be ignored, as it was the bedrock of the case. In the confession statement recorded on November 2010, Tselayarona admitted to killing the deceased persons.

He said, the confession statement was admitted as evidence without objection. He said the evidence weighed heavily against the innocence of the accused. He said the accused murdered the deceased out of jealousy resulting from his suspicion that she was unfaithful to him, which brought emotional distress.

However, he said, his mental state at the time could not be blamed. He said a psychiatric at Sbrana Psychiatric Hospital Dr Sreenkanth Davu said although the convict suffered from anti social disorder, his clinical history does not suggest that at the time he committed the offence, he was suffering from any psychotic symptoms such as delusions or hallucinations.Walia said, in his view, the anti-social personality disorder does not, of itself, provide extenuation.

(source: mmegi.bw)








NIGERIA:

Executors of the death penalty



It is not uncommon in human history to find a group of people swimming against the tide. Such is the case with the retentionists of the death penalty as they still chant their vindictive refrain "... full of sound and fury, signifying nothing." Signifying nothing, in the sense that it serves no useful purpose. It was Ghandi who said, "an eye for an eye would soon make the whole world blind."

It serves no useful purpose-just an outlet, a vent to appease angry emotions. Even the deterrent value of the death penalty has been faulted by experts who have examined the rate of recidivism. It is on record in Nigeria that after the civil war, which occurred between 1967- 1970,the rate of Armed Robbery skyrocketed to high heavens due to unemployment, underemployment, dislocations, and free availability of arms.

The Armed Robbery tribunals were set up to deal with the matter with its attendant public executions-gory entertainments as one commentator once put it. The public executions were meant to deter would-be robbers from enlisting in the infamous profession. But these did not deter anybody. Statistics showed that the robbers became more daring and more brutal and merciless-as if to say that they realise that if they are caught, they would be cut into pieces.

The death penalty has lost its acceptance in modern civilized reasoning. Even a repudiation of the death penalty is a condition for admission into the European Union. In an era where the 21st Century man is thinking of going to reside in other planets, some people are still promoting that we send men to the gallows. This is anachronistic to say the least. Even the president of COREN (Council for the regulation of engineering in Nigeria) sometime ago, while commenting on the incessant collapsing of buildings in Nigeria, suggested that the death penalty be extended to the builders of such collapsed buildings. An African proverb says, "it is only the spectators that are at ease in a wrestling match". The real stress lies with the wrestlers. It is one thing to champion the retention of the death penalty with apostolic zeal; it is a different ball game to actually carry out the order. The ugly task of carrying out such monstrous orders is reserved for a group of men-the judicial officers, prosecuting legal officers, police officers, the prison officers, and the chief host, the Hangman!

As a young law student on attachment before Justice Desalu who had the herculean task of convicting and sentencing the cocaine dealers to death in Nigeria under Decree 20 of 1984 and who were subsequently publicly executed, I asked him how he felt after delivering a sentence that would mean the death of someone. He replied that as long as you are convinced that you are dispensing justice as prescribed by law, then your conscience is clear. Even at that I did not envy him then. As a young prosecutor before the late Hon. Justice G.C. Akoro of blessed memory, I felt uneasy after securing a first death sentence before him in the case of State v. Monday Evrele at Sapele High Court. After the judgment, the accused started crying openly in court and I wondered if it could not be said that I have contributed to the impending "judicial homicide" as Charles Dickens puts it.

The dreg of this odd job is reserved for the hangman; the hangman - the doer of the states dirty job, whose identity is often shrouded in mystery. Why should we encourage such a cold-blooded and infamous profession? Most of our lawgivers and those championing the death penalty cannot stand the act of "execution" of a chicken, yet they expect someone out there to carry out such a monstrous order. A certain remorseful hangman in the U.S. by name Clinton T. Duffy after seeing the flesh torned from the condemned man's face by the rope, his swollen tongue, swinging legs and odours of urine, defecation, sweat and caking blood, had this to say "it would do if the people get to know exactly how their mandates were carried out. Every Juror who ever voted for the death penalty, every judge whoever pronounced sentence, every legislator who helped pass the law that make it necessary for us to go through this ordeal should have been with me today."

The Edo state situation presents a worrisome one where on the eve of Christmas eve 2016, death row prisoners in Benin City were killed on account of death warrant signed by His Excellency Godwin Obaseki. His predecessor Comrade Adams Oshiomole had earlier, on June 21, 2013 similarly executed 4 prisoners in Benin City. Meanwhile, Nigeria had earlier on signed a moratorium on the death penalty.

Perhaps if the real act of execution was witnessed by the men who authorized it, there would have been a rethink and we would have won proselytes. The Delta State situation is rather commendable with the former Governor Dr. Emmanuel Uduaghan withholding his assent to the Anti-kidnapping and Anti-Terrorism bill and the present Governor His Excellency Senator Dr. Ifeanyi Okowa introducing the Anti-kidnapping law 2016 to expunge the death penalty from the former Anti-kidnapping and Terrorism law, 2013 which the House of Assembly had gone ahead to re-pass by 2/3 majority after the erstwhile Governor had withheld his assent under section 100(5) of the 1999 constitution (as amended).

This is highly commendable and an example of what progressive leadership is all about. Both excellencies stood true to the Hippocratic Oath that they had subscribed to - they being medical doctors. The whole idea of leadership is to lead the masses from "Egypt to Canaan", from darkness into light. It is anachronistic to still be fanning the embers and romancing the ideas of the death penalty, which had its origin in human sacrifices when man was in the primitive stages of evolution. A toad, like we say in Africa, does not jump backwards!

It is a thing of great concern and a cause of serious sober reflection to note that of all the countries in the world, 141 have abolished the death penalty while Nigeria is still ranked among the 56 desperate ones that still hold on to the death penalty. Such mere countries like Angola, Mali, Niger, Senegal and Togo have all gone ahead to abolish defacto or dejure the death penalty, yet our retentionists are still pressing on. Like the American hangman said, maybe it is time for them to go on a regular excursion to the real theatre where their mandate is carried out, after all a Nigerian proverb says that "if a child claims to be too wise, you give him an ant to slaughter."

(source: Ben Adigwe is Director of Advisory Services, Ministry of Justice, Asaba, Delta State----guardian.ng)

**********************

Will death sentence solve problem of cultism, terrorism?



Death sentence is not the best solution to cultism and terrorism. I must emphasise that cultism is a bad social development. During my time, we never heard or witnessed anything such as cultism. Pupils and students loved one another. Pupils were committed to their studies and good values of the society. They never engaged in killing and maiming in the name of cultism. So it bleeds my heart that some pupils in secondary and students at tertiary institutions nowadays engage in cultism. It is a menace that all stakeholders must collaborate effectively, pragmatically and strategically to address. So also is the issue of terrorism. Terrorism has led to the death and maiming of many people in Nigeria, especially in the North-East. Also there has been wanton destruction of property, social, economic, cultural and educational life in the North-East. Such are the evils of terrorism. The Director General, National Emergency Management Agency, Mr. Mustapha Maihaja, had during the 5th biennial international conference of the Centre for Peace and Strategic Studies, University of Ilorin, said that Boko Haram had displaced no fewer than 1,884,331 persons. He also said that about 9.6million people living in Borno, Yobe and Adamawa states had been affected in one way or the other by Boko Haram attacks.

In my opinion, the best way to solve terrorism and cultism is not by death sentence but to maintain law and order as well as discipline. We had tried death sentence at various times but it did not really work. We had people taking cannabis and they were jailing them, have people stopped taking cannabis? I think the solution is to start with the root so that we can bring up our children to appreciate the importance of hard work and commitment as well as for people to be fair to others. Parents must take care of their children. Parents must make their children to understand that without peace, there can be no progress and that without progress, there can be no achievement. Good governance, provision of infrastructure and good platforms to productively and positively engage people will reduce cultism and terrorism. -- Justice Mustapha Akanbi (Former President, Court of Appeal and pioneer Chairman, ICPC)

Any effective and efficient sentencing option must embrace the deterrence effect. In my view, elements involved in acts of terrorism and occultism have no fear of death. It is therefore more plausible to address the root causes of the menace rather than recommend death penalty. My submission is more in favour of preventive measures than reactive measures. I must add that the penalty must be stiff in the realm of long prison terms rather than death penalty, except in extreme cases. Preventive measures depend on the context and the circumstances. However, tackling the issue from the foundation, we may need to place emphasis on core values at the family, school and societal levels. We need to address factors giving rise to extremism and fundamentalism, which are mainly indoctrination and poverty. -- Mr. Wahab Shittu (A lawyer)

I think death sentence will go a long way in reducing cult activities and terrorism in the country. But there must be strict adherence to the provisions of the constitution. I will say death sentence for cultists and terrorists is quite in order. It should be properly implemented as stipulated in the law. But one thing about Nigerians is that when laws are passed, the implementation is always the issue. If such a law is passed and the implementation is weak, it won't achieve its desired impact. Relevant authorities must see to it that the culprits are prosecuted and punished by a competent court through proper processes and if they are found wanting, the law should apply.

My take is; if there is such a capital punishment, it will surely give examples to those into such dangerous practices. When the perpetrators see that their cohorts are being severely punished for such atrocities, it will, in no doubt, serve as a deterrent to other criminals. Across the country, the issue of cult activities and acts of terrorism has occupied the centre stage. For instance, cultism has assumed a dangerous dimension in the country to the extent that the trend has permeated many primary and secondary schools. Apart from institutions of higher learning where such activities used to be pronounced, pupils in primary and secondary schools now belong to one cult or another. Such a situation should not be handled with kid gloves; there should be some drastic steps to stop the ugly trend. Hence, such a capital penalty would go a long way in deterring some pupils, who want to indulge in the acts, from doing so.

However, for cultism, the activities should be classified and the competent court of law can give judgment with regard to the level of a person's involvement. It therefore means that those engaging in the deadly act of cultism can be handed capital punishment while those with lesser crimes can be given prison sentences when convicted. I also want to advise state governments not to waste time in signing death warrants when persons have been convicted. -- Mr. Timi Igoli Secretary (Civil Liberties Organisation, Bayelsa State chapter)

The death penalty for cultism is too harsh. Although cultism is a crime, the clear alternative for the death sentence is life imprisonment. But the government should try as much as possible to create jobs where the youths can channel their energy that would have been geared towards cultism and kidnapping to national development. The truth is that even cultism is not only a youth affair. At the elite level, it is occultism. But you would agree that occultism is the senior level of cultism. So, if a governor is saying that cultism attracts the penalty of death, it must also cover occultism and those who belong to such organisations which they say are registered.

The influence of cultism and occultism in the society is actually the same. Occultism has a way of influencing cultism. The government should pass a law to declare cultism and occultism as a crime. Our laws should not be directed to a particular segment of the society. Terrorism is also sponsored by the elite. So, those who sponsor it should also face the law. It also applies to those who provide the environment for it. In the mining sector, those who are given licences should be scrutinised because they have the equipment to actually perpetrate terrorism. -- President Aigbokhan (A Benin-based lawyer)

The aim of justice is not to inflict pain but to serve as a deterrent under the principle of the deterrent theory of punishment. But it becomes difficult in a society of ours where we celebrate affluence and there is no promotion of innovation. Criminals, these days, buy cars and expensive gifts for their religious leaders and traditional leaders and they are accorded honour with no one asking them where they got the money from.

In a society that undermines merit and promotes social injustice, where everybody is competing and nobody is bothered about ethical values, people will take to armed robbery. The judiciary and law enforcement agencies have to be functional. The social structure of families and government and religion must be strengthened with ethical values. It is not enough to have death sentence; we must have a functional judiciary where people will not escape justice because of their political leaning. At any stage in a criminal matter, the attorney-general can enter a nolle prosequi, which means if a strong member of the ruling party kidnaps somebody on an election day, the AG can stop the prosecution inasmuch as the judgement has not been delivered.

Would the law be allowed to operate without primordial sentiments? The death sentence would go a long way to serve as a deterrent, but the law must be allowed to work with diligent prosecution devoid of political interference and influence. The people must have faith in governance process. Once there is confidence in the system, the death penalty will serve as a deterrent. -- Eseme Eyiboh (A former spokesperson for the House of Representatives)

I know that terrorism and cultism are capital offences, but death sentence is not a remedy to tackling the menace. We can build a home that can reform cultists and terrorists. They need reformation so the government should think of how to reform them other than kill them. Most of them join those things ignorantly. Most times, they do not know the implication of what they are doing. The best way to handle it is to reform the offenders. These people may change tomorrow and become responsible citizens of this country. Something necessitated their action; why can???t the government find out the cause of their action and help reform them? From what led to their action, you will know if they acted in ignorance or they were paid to carry out the act. They cannot sit on their own and become killers; something led to it. So, government should find out the root cause and tackle it. Death sentence may not be the best option; the government should build a home where such people will be reformed and rehabilitated. -- Mr. Ogbonna Innocent (A lawyer)

(source: punchng.com)
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