Jan. 26
PAKISTAN:
Public hanging of child rapists & murderers considered as Pakistan mourns 7yo
victim
A Pakistani Senate committee has proposed to publicly hang those who sexually
abuse or murder children. The measure is a response to the gruesome case of a
Pakistani 7-year-old girl who was raped and killed earlier in January.
Part of the Pakistani Penal Code (PPC) on the punishment of child rapists and
murderers currently states: "Whoever kidnaps or abducts any person under the
age of 14 in order that such person may be murdered or subjected to grievous
hurt... shall be punished with death (sic)." Chairman of the Senate Standing
Committee on Interior Rehman Malik is now seeking to add the phrase "by hanging
publicly" after the word "death."
The amendment has been proposed just 1 day after Pakistani authorities arrested
a key suspect behind the murder of 7-year-old Zainab Ansari. The girl was
abducted and later found raped and murdered near the eastern city of Lahore
earlier in January. The case prompted mass protests and shockwaves across the
country, with demonstrators accusing the government of inaction.
On Tuesday, police detained a 24-year-old man whose DNA matched samples found
on the girl's body, according to Shahbaz Sharif, chief minister of Punjab
province. The suspect has been identified as Imran Ali, and was a neighbor of
Zainab.
He later confessed to having killed at least 8 girls including Zainab. The
confession was recorded in a video released by local media. "I want Imran Ali
to be hanged publicly... I will request the political parties to support my
wish," Sharif later said.
Over 1,700 children were abused in Pakistan in the 1st 6 months of 2017,
according to the data from the Islamabad-based Sahil group, which works on
child protection, local media said. In 2016, the total number of reported child
abuse cases was over 4,000, meaning that an average of 11 children were abused
in Pakistan every day.
Yet there are those who oppose the drastic measure. "[The] Zainab incident is
unfortunate but the demand for public hanging is also not correct," Senator
Hasil Bizenjo said. According to Senator Farhatullah Babar, if the law is
amended, there'll be "calls for hanging everyone."
In the meantime, a petition on change.org calling to hang Zainab's killer has
gathered over 320,000 signatures. "The rapists of innocent Zainab should be
hanged publicly in front of a large crowd so that other potential rapists learn
a lesson," the petition said. The petition, however, was closed, failing to
gain 500,000 signatures.
(source: rt.com)
***************
2 get death penalty in murder case
A court on Thursday awarded death sentence to 2 convicts for killing their
relative over domestic dispute in Puleena Jabbar area. The court also imposed
Rs0.2 as fine on both murder convicts.
The court also awarded life imprisonment to another accused involved in the
murder whereas acquitted the 4th accused for lack of evidence against him.
Additional and Session Judge (ASJ) Gujar Khan Aslam Gondal took up the murder
case and awarded capital punishment to 2 convicts namely Raja Faisal and Raja
Abbas for killing Raja Saqlain over some domestic dispute in 2014 within limits
of Police Station Gujar Khan.
The judge given life imprisonment to 3rd accused Raja Yasir and dropped charges
against Raja Asad and ordered police to release him. The judge also ordered 2
murder convicts to pay Rs0.2 fine each.
Gujar Khan police had registered a murder case number 603/14 under section
302/34 against 4 men for killing Raja Saqlain.
(source: The Nation)
INDIA:
Maharashtra now has most prisoners on death row, overtakes UP----Judges in
Maharashtra have traditionally been very heavy-handed in their infliction of
the death penalty, said Yug Chaudhary, a Mumbai-based lawyer who has
represented the appeals of several death row inmates.
Maharashtra has overtaken Uttar Pradesh as the state with the most prisoners on
death row, according to a report published on Wednesday by researchers at the
National Law University in Delhi.
"UP almost has double the population of Maharasthra and has been the leader for
a while," said Anup Surendranath, director of the Centre on the Death Penalty,
which compiled the report. "It's interesting to see that Maharasthra has
overtaken UP."
Maharashtra had 67 prisoners on death row at the end of 2017, up from 47 a year
before. Uttar Pradesh, meanwhile, had 65 death row prisoners, down from 77. The
states' populations are about 11 crore and 20 crore, respectively.
Why does Maharashtra have so many death row prisoners? Violent crime doesn't
account for it. Maharashtra's murder rate in 2016, the most recent year for
which data is available, was about 2 for every one lakh people. That's lower
than both that of UP and the country as a whole, both of which recorded murder
rates of about 2.5 per lakh.
Instead, it may simply be the result of a self-reinforcing pattern of strict
sentencing among the state's trial court judges, said Yug Chaudhary, a
Mumbai-based lawyer who has represented the appeals of several death row
inmates in Maharashtra and across the country. "Once it starts," he said, "the
ball keeps rolling."
No matter the reason, Chaudhary said, "judges in Maharashtra have traditionally
been very heavy-handed in their infliction of the death penalty."
The report also confirms previous figures which suggest that those who receive
the death penalty are unlikely to ever be executed. Of the 99 death row
prisoners whose cases were reviewed by higher courts last year, 53 had their
sentences commuted while 35 were acquitted entirely. In other words, high
courts rejected the judgements of trial courts 90% of the time.
"Almost all of these sentences get overturned in the high courts or in the
Supreme Court," Chaudhary said. "In spite of this, the judges are not
learning."
Though Maharashtra has the highest number of death row prisoners, perhaps a
better measure of judges' likelihood to hand down the death penalty is the
number of sentences imposed as a proportion of the state's population. All else
being equal, less populous states ought to have fewer people on death row. By
that measure, judges in Jammu and Kashmir are the most likely to impose the
death penalty. The state has more than 9.5 people on death row per 1 lakh
population, far more than any other state. Haryana has 6.7 death row prisoners
per lakh population, the 2nd highest rate, while Maharasthra comes 3rd, with
about 6 death row prisoners per lakh people.
To collect information on death row prisoners, researchers at the Centre on the
Death Penalty have spent years combing through news reports and filing hundreds
of public records requests through the Right to Information (RTI) Act.
In addition to creating the 1st database of information about each death row
prisoner, the researchers have discovered that official figures published by
the National Crime Records Bureau are not entirely accurate.
"In my experience looking at official documents, sometimes - most times - some
names or others are missing," said Poornima Rajeshwar, 1 of the 3 lead
researchers and writers of the report. "News links are the most reliable source
of information. [Some names of death row prisoners] are not likely to be
available in prison lists or RTIs, because they are not updated regularly."
(source: Hindustan Times)
BARBADOS:
Strike it out!----CCJ to rule on Barbados' mandatory death sentence
A senior Trinidadian attorney today argued strongly for the removal of the
mandatory death penalty from the statute books of Barbados, deeming it to be
"unconstitutional".
Appearing before the Caribbean Court of Justice (CCJ) on behalf of two
condemned men, senior counsel Douglas Mendez therefore called on the CCJ to
exercise the power vested in it as the island's final court of appeal to make
it amend the relevant portions of the Offences Against the Persons Act to
conform with Section 11 of the Barbados Constitution which he said prohibits
arbitrary laws.
"There isn't any result to come out of the criminal justice system worse than
being punished in excess of your wrongdoing. You can't by some form of osmosis
provide protection that is accorded to one section of the Constitution that the
Constitution doesn't say extends to other sections and that is what we are
relying on," he said. His comments came on Day 2 of hearings into the appeal
brought on behalf of Dwayne Omar Severin who was sentenced to death for the
November 30, 2009 killing of Virgil Barton near his home at Lucas Street, St
Philip, and Jabari Sensimania Nervais who was handed the same sentence for the
November 17, 2006 shooting death of former Perseverance Drive, Jackson, St
Michael resident Jason Ricardo Burton.
Both men, who have exhausted all domestic grounds for appeal, are making a last
ditch effort to have their cases overturned by the CCJ, which is the court of
last resorts.
While arguing that the mandatory death penalty is in violation of the island's
international obligations, Mendez, who along with Barbadian Andrew Pilgrim, QC,
is representing the condemned men, complained today to the seven-member panel,
led by Sir Dennis Byron, that the political directorate appeared to be lacking
the will to do so.
"If the legislature wishes to put the mandatory death penalty back on the
statute books then they have to do their job. They have to account to the
electorate for what they do. They can't hide, which is what, unfortunately has
been happening with the death penalty, and the mandatory death penalty in
particular," Mendez said, while strongly lamenting that "politicians play
games".
"Everybody talks about the death penalty, about carrying it out, then they
don't do it because it goes good with the electorate," he said.
In response, Principal Crown Counsel Anthony Blackman informed the regional
court that the bill to abolish the mandatory death penalty had reached the 2nd
reading stage in Parliament.
However, he could not explain why it had not been given final approval.
"Why it is taking so long? We cannot assist this honourable court with the
reason why it is taking so long. What we would try to assist this honourable
court with, is to remind this honourable court that, based on the Constitution
of Barbados, a 2/3 majority is needed for this to pass," Blackman said.
It was at this point that one of the judges queried why a 2/3 majority was
required, suggesting when a "simple majority" would suffice.
However, when asked what was Government's policy on the mandatory death
penalty, Blackman could not provide a credible answer.
"We are unable to assist the court in relation to any policy statement or any
definitive policy direction as it relates to that aspect. So I must apologize
to this honourable court for not being in a position to give you that
information," he said.
It is now left to the CCJ to issue its decision on the matter.
(source: Emmanuel Joseph; Barbados Today)
INDONESIA:
Send Home Terminally Ill Pakistani on Indonesia's Death Row----Pakistani Leader
Should Raise Case with Visiting President Jokowi
This week's visit by Indonesia President Joko "Jokowi" Widodo to Pakistan may
determine how Zulfiqar Ali spends his final days - on death row in Indonesia,
or with his family back home in Pakistan.
Ali, a 53-year-old father of 5 from Lahore, was arrested in 2004 in Indonesia,
charged with possession of 300 grams of heroin, and sentenced to death. In
2016, Indonesia informed the Pakistani embassy in Jakarta that Ali would be
soon executed.
Ali's lawyers alleged egregious violations of due process at every stage of the
trial and appeal process. They say he has been diagnosed with advanced liver
cancer with a life expectancy of 3 months.
Indonesia ended a 4-year unofficial moratorium on the death penalty in March
2013. The Indonesian government has termed the execution of convicted drug
traffickers as "shock therapy" and President Jokowi has made it a signature
policy issue.
Ali was scheduled to be executed in July 2016, but received a last-minute
reprieve after diplomatic intervention by the Pakistani government and pressure
from human rights groups. But he remains on death row.
The flaws in Indonesia's use of the death penalty were highlighted in a July
2016 investigation by the Indonesian ombudsman who found denial of legal rights
in a case involving a Nigerian national. In January 2015, the execution of a
Brazilian national led to a diplomatic crisis between Indonesia and Brazil.
President Jokowi admirably seeks to prevent executions of Indonesians convicted
abroad, which is undercut by his easy acceptance of the death penalty at home.
Pakistan's Prime Minister Shahid Khaqan Abbasi should urge President Jokowi to
commute Zulfiqar Ali's sentence and release him on medical grounds so he can
spend his last days with his family. But the Pakistani government can also make
its case stronger - and bring Pakistan within a growing circle of nations - by
halting its own executions.
Prime Minister Abbasi and President Jokowi could each end these killings by
recognizing the well-documented failure of the death penalty as a crime
deterrent and reinstating their unofficial moratoriums on capital punishment -
as a 1st step to banning this inherently cruel practice.
(source: Human Rights Watch)
****************
Australian accountant facing death penalty for drug smuggling in Bali is
admitted to hospital after 'raging and talking to himself in his prison cell'
An Australian man facing the death penalty in Bali after being caught with
crystal meth and ecstasy pills is back in hospital.
Isaac Emmanuel Roberts was taken to a police hospital on Tuesday and seen by an
ear, nose and throat specialist before being locked in a cell there.
The once high-flying accountant was hospitalised after complaining of feeling
sick and appeared to be raging and talking to himself in his prison cell.
He was taken to a police hospital on Tuesday and seen by an ear, nose and
throat specialist before being locked in a cell there.
His lawyer Edward Firdaus Pangkahila blamed his condition on prison doctors'
efforts to reduce his addiction to medications, including sedatives.
'I seem to be having tremendous difficulty with my lifestyle,' Roberts said as
he emerged from the doctor's office in handcuffs.
The 36-year-old was held at the Trijata police hospital in Bali's Denpasar
ploice headquarters.
He was allegedly found with 6.22 grams of ecstasy, 14.32 grams of
methamphetamine and 22 mils of a psychotropic substance at Denpasar Airport.
Roberts was a month ago rushed to hospital suffering from shock, and his lawyer
said he suffered from depression and was at risk of committing suicide.
'He got sick. He was shocked after the press conference today,' another of hos
lawyers, Deni Sedana, said.
'He has a big tendency to do suicide because he often feels depression. He has
a mental disorder.'
Mr Sedana said Roberts had planned to fly from Bangkok, Thailand to Australia,
but was convinced by a friend to go to Bali instead.
Roberts was allegedly caught with the drugs hidden in his suitcase on December
4, but his arrest was kept hidden from the public for more than 2 weeks.
The chartered accountant confessed to being a prolific drug user and told
waiting media he was a 'f***ing addict', but alleged he was not a dealer.
Roberts ran as a Liberal Democrat candidate in the seat of Higgins in Melbourne
in 2009. He was unsuccessful, polling 8th out of 10 candidates.
His social media accounts reveal the alleged drug user to be a dedicated gym
junkie who regularly visits the Indonesian island and Thailand.
Pictures on his Instagram show his frequent travels to Asian destinations such
as Sukhumvit in Bangkok, Thailand.
Roberts was travelling from Bangkok into Bali when he was allegedly caught with
the drugs.
He works as a professional accountant and was last registered as an employee of
M-Tax Accountants in Queensland.
His career in accounting has taken him to Brisbane, Sydney and Melbourne.
Shocking photographs surfaced on Tuesday showing him sitting in a media
conference wearing orange prisoner garb and a black balaclava over his head.
He was pictured beside 2 other suspects guarded by police officers who wore
balaclavas and carried rifles.
Details of his arrest were kept secret for weeks, when the drug bust was
announced by Indonesian officials.
'We have arrested an Australian, IER, for bringing drugs into Bali,' Customs
and Excise Officer Husni Syaiful said.
The drugs were allegedly discovered when his luggage was X-rayed.
Indonesia carries the maximum death penalty for drug importation crimes.
Speaking to media after the conference, Roberts reportedly said he was invited
to Indonesia by a customs officer.
'I was working with a customs officer and they knew I was going to bring
something,' he told reporters in Bali.
'I'm just a f*****g addict. They want to waste resources on addicts, they want
to punish addicts? This is ridiculous. What about the f.....g importers? I
wasn't going to sell it to anyone here, no one was going to use it here. This
is ridiculous. This is an embarrassment.'
Indonesian police alleged Roberts admitted to being a drug user, but denied he
was a dealer.
When the police investigation is finished, he will be transferred to Kerobokan
prison - where he will await trial.
Roberts describes himself as a Chartered Accountant and Registered Tax Agent on
his personal website.
'I specialise in personal income tax returns, however years of experience in
corporate tax have given me the confidence to service many business clients,'
he said.
(source: Daily Mail)
CHINA:
Chinese Court Rejects Appeal of Petitioner on Death Row For Killing a Policeman
Authorities in the central province of Henan on Thursday rejected an appeal
from a man sentenced to death for killing a police officer who was forcibly
escorting him home from a petitioning trip in the Chinese capital.
Veteran activist Xu Youchen and his wife Zhang Xiaoyu were initially both
detained on suspicion of killing the police officer on July 17, 2014 as they
were being escorted home from Beijing to prevent them from complaining about
the local government.
The couple were both formally charged with intentional homicide on Aug. 2, but
Zhang's charges were later changed to "picking quarrels and stirring up
trouble," for which she received a 3-year jail term on Dec. 12, 2016.
Xu was sentenced to death for the killing of a police officer on the same day
by the Sanmenxia Intermediate People's Court in Henan.
At his trial, he admitted intending to injure the police officer, but his
lawyers said the court had failed to prove that he intended to kill the man.
Rights groups have also cited procedural irregularities with the handling of
the policeman's death.
Authorities cremated the body of the policeman allegedly killed by the couple
just 4 days after he died, making it impossible to re-examine the exact time
and cause of death, Amnesty International reported.
But the Henan Provincial High People's Court rejected his appeal on Thursday,
upholding the original verdict and sentence, Xu's lawyer told RFA.
"The appeal court upheld the death penalty, which won't now be implemented
until the case has been reviewed by the Supreme People's Court," defense
attorney Lin Qilei said.
"This isn't the kind of case in which the sentence would be carried out
immediately; we could still achieve our aim if the Supreme Court rejects the
death penalty during the review process," Lin said.
"But if it approves the death penalty, then they will carry out the sentence."
'We don't feel very optimistic'
Lin said Xu's defense had been based on the argument that he hadn't intended to
kill the police officer.
"The appeal court's decision was unfair, because this wasn't intentional
homicide," he said. He said the authorities had refused to release surveillance
footage surrounding the police officer's death.
"They haven't dared to let the lawyers see it," Lin said.
Xu's son said he had expected his father's appeal to be rejected, however.
"We felt during the appeal that the attitude of the prosecution had hardened a
good deal; it was as if they wanted [the death penalty] at all costs," the
younger Xu said.
"But I don't think my father should bear all of the responsibility; I think
that 40-60 % of the blame lies with the local government, who acted like
bandits in arbitrarily depriving people of their liberty," he said. "Overall,
we don't feel very optimistic about the outcome."
Last August, a court in the eastern province of Shandong commuted the death
sentence handed down to Ding Hanzhong, a forced evictee who killed two workers
who came to demolish his home in 2013, to an effective life sentence in prison.
The decision came after the Shandong High People's Court ordered a retrial on
appeal, citing a failure to prove the material facts of the case.
And in May 2015, authorities in the eastern Chinese province of Jiangsu on
Friday handed down an 8-year prison term to a retired People's Liberation Army
(PLA) soldier for attacking members of a demolition gang who came to raze his
home.
Fan Mugen was found guilty of "intentional wounding" by the Suzhou Intermediate
People's Court following his trial in early February.
Retired PLA soldier Fan allegedly attacked 2 members of a demolition gang that
came to evict his family from their home on Dec. 3, 2013, and who he said beat
up his wife. The 2 men later died.
Cases like Xu's, Ding's and Fan's are politically sensitive, as they come amid
growing public anger over the use of violent forced evictions, often with no
warning or due process, by local governments to reclaim land for lucrative
redevelopment or speculation.
(source: rfa.org)
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