March 1
UNITED KINGDOM/USA:
Britain Presses U.S. to Avoid Death Penalty for ISIS Suspects
The British government wants the Trump administration to provide assurances
that American prosecutors will not seek the death penalty against 2 British
Islamic State suspects who were recently captured in Syria - and is threatening
to withhold important evidence about them as leverage, according to officials
familiar with the deliberations.
The British are also insisting that the United States promise to prosecute the
2 men in a civilian court, rather than taking them to the Guantanamo Bay
wartime prison, the officials said.
The 2 men, Alexanda Kotey and El Shafee Elsheikh, are believed to be half of a
cell of 4 British jihadists called the Beatles, who played a central role in
torturing and killing Western hostages, including several Americans.
Mr. Kotey and Mr. Elsheikh were the last members of the group still at large
until their recent capture in Syria by a Kurdish militia, which is holding
them. Recently, the British defense secretary, Gavin Williamson, said his
government did not want to take back the 2 men, who have been stripped of
British citizenship, so the United States is expected to eventually take
custody of them.
But the Trump administration is holding off on doing so until it figures out
how it will handle them, according to several American officials. While the
American military has interrogated Mr. Kotey and Mr. Elsheikh for intelligence
purposes, it has not yet read them Miranda warnings and re-interviewed them in
hopes of eliciting confessions that could be used as courtroom evidence.
Because the captors wore masks around hostages, some of whom survived, some
courtroom evidence may consist of witnesses identifying at least one of the men
by his voice, according to a former hostage and other people familiar with the
F.B.I.'s long-running investigation. The British government has other
information about the men's backgrounds, associations, radicalization,
movements and activities that could significantly strengthen that case.
An official at the British Embassy in Washington declined to specifically
address questions about Mr. Kotey and Mr. Elsheikh and whether London was
seeking restrictions in the case, but said that the British government was
working closely with the United States to ensure that justice is served.
"Where there is evidence that crimes have been committed, foreign fighters
should be brought to justice in accordance with due legal process, regardless
of their nationality," the official said. "We continue to work extremely
closely with the U.S. government on this issue, sharing our views, as we do on
a range of national security issues and in the context of our joint
determination to tackle international terrorism and combat violent extremism."
A Justice Department spokesman declined to comment.
Britain has abolished the death penalty and, like many European countries, does
not like the American policy of holding people indefinitely at Guantanamo. Its
government negotiated with the Bush administration for the return of its
citizens who had been taken there in the first few years of the prison
operation.
President Trump recently issued an executive order to keep the Guantanamo
prison open, although his administration so far has taken no new detainees
there. Senator Lindsey Graham, a South Carolina Republican who is a proponent
of using wartime detention for terrorism cases, has been pushing the
administration to take Mr. Kotey and Mr. Elsheikh to Guantanamo.
But Defense Secretary Jim Mattis, whom Mr. Trump has tasked with leading a
policy review about what to do with newly captured terrorism suspects, does not
want the military to take on the headache of holding the men in long-term
detention and prosecuting them in the troubled military commissions system, the
officials said.
Mr. Mattis's reluctance, coupled with the British demands, means bringing Mr.
Kotey and Mr. Elsheikh to American soil for civilian court prosecution is seen
as far more likely. The Justice Department is now trying to decide whether the
Southern District of New York or the Eastern District of Virginia would handle
the prosecution, the officials said.
Some prosecutors and F.B.I. agents in New York have argued that they should get
the case because their area of operations includes Western Europe, and the
suspects are Londoners. But their counterparts in Virginia and the F.B.I.'s
Washington Field Office have already been handling most of the casework related
to the killings of American hostages in Syria, according to an official
familiar with the deliberations.
In February 2016, for example, federal prosecutors in Virginia charged the wife
of an Islamic State leader in the death of Kayla Mueller, an American, although
the United States military transferred her to the Iraqi justice system.
Ms. Mueller was kidnapped in August 2013 and is believed to have been sexually
abused by a leader of the Islamic State, which later said she died in an
airstrike in early 2015. The British-accented captors tortured prisoners under
their control, according to former hostages; Mr. Kotey is suspected of being a
particularly brutal one whom the prisoners called George.
The parents of 4 Americans who were kidnapped by the Islamic State and abused
in various ways before their killing - Ms. Mueller and 3 men who were beheaded,
James Foley, Steven Sotloff and Peter Kassig - recently wrote an Op-Ed in The
New York Times calling on the United States government to prosecute the
suspects in civilian court and not to seek the death penalty.
"We want the world to know that we agree with the longstanding British
government position that it would be a mistake to send killers like these to
the military prison at Guantanamo Bay, or to seek the death penalty in court,"
they wrote.
"Either path would make them martyrs in the eyes of their fanatic, misled
comrades in arms - the worst outcome," they added. "Instead, they should be
tried in our fair and open legal system, or in a court of international
justice, and then spend the rest of their lives in prison."
(source: New York Times)
ASIA:
We want to reduce executions in South East Asia - UN high-level human rights
rep
Half of the 32 countries and territories in the world where drug crime can
result in the death penalty are in South East Asia, today said UN assistant
secretary-general for human rights Andrew Gilmour.
Why does the region have such harsh sentencing policies for drug offences but a
continued increase in drug-related offences, Gilmour asked a group of prominent
legal specialists, academics and human rights defenders from Indonesia,
Malaysia, Philippines, Singapore, Thailand, Viet Nam and Hong Kong, as well as
UN human rights and drug experts.
"We want to do a better job at reaching retentionist states in the region,
respectfully discussing with them death penalty practices in light of their
obligations under international human rights law," he said.
"We would like to achieve full abolition of the death penalty, we take that as
a given, but the immediate end now is to find ways to engage with governments
to reduce the number of executions, and to reduce the intense suffering for
those convicted and their families when it comes to death row," the UN
assistant secretary-general said.
Gilmour asked for recommendations on how to strengthen the UN's work in and
with retentionist states "to ensure that public debate on drug offences and the
death penalty can be meaningfully informed by the actual evidence".
During the discussion, the experts examined drug trafficking trends, national
policies, public perceptions, and human rights challenges in the fight against
drug trafficking and drug-related crime in South East Asia.
(source: Aliran.com)
JAPAN:
Prosecutors seek death penalty for man accused of killing 3 at Kawasaki nursing
home
Prosecutors on Thursday said they are seeking the death penalty for a man
charged with murdering 3 elderly residents at a Kawasaki nursing home in 2014
by throwing them from balconies.
As the trial wrapped up at the Yokohama District Court, the prosecutors said
that Hayato Imai, 25, had committed "cruel and despicable" crimes at the
facility where he worked and that he is "undoubtedly the perpetrator" since he
has made "highly credible confessions to police officers."
Imai, who worked as a care worker at the facility, maintained his innocence,
telling the court, "I regret that I made false confessions after succumbing to
police pressure."
"Please believe me," Imai added.
The focal point of the trial was the credibility of confessions Imai made
during police interrogations around the time of his arrest in 2016, in which he
admitted to killing the 3 residents. But since that time Imai has consistently
said he was innocent and has pleaded not guilty, arguing that he was forced to
make false statements.
The court is scheduled to hand down a ruling on March 22.
During his 1st court hearing on Jan. 23, Imai said, "I have done nothing in any
of the cases."
His defense counsel said there is a lack of decisive evidence and that even if
he had killed the residents he was mentally incompetent at the time of the
incident.
Prosecutors have said that all 3 victims fell from balconies at the nursing
home in Kanagawa Prefecture when Imai was working night shifts, and that his
confessions were "detailed and convincing." They pointed out that Imai was the
only member of staff whose shifts coincided with all 3 deaths. They also said
there were no problems with his mental state.
According to the indictment, Imai threw Tamio Ushizawa, 87, from a balcony in
November 2014, and did the same the following month to Chieko Nakagawa, 86, and
Nobuko Asami, 96.
Imai was the 1st person to report to his superiors that Ushizawa fell to his
death from a balcony. He was also the first to notify the nursing home and
local fire department about Asami.
In video footage of the initial interrogations, which was partly disclosed
during a hearing last month, Imai admitted to killing the 3, saying he
committed the crimes because he felt taking care of them was "troublesome." But
he turned silent on Feb. 18, 2016, three days after his arrest of suspicion of
murder, the footage also showed.
Questions about the deaths emerged in 2015, after Imai was arrested in May that
year on suspicion of stealing a purse from the room of a woman in her 70s at
the facility. He was fired shortly after the arrest.
Local police admitted that they had failed to link the 3 deaths to a possible
crime and did not properly investigate until after the 3rd resident's fall from
a 6th-floor balcony on New Year's Eve in 2014.
The balconies at the facility are all guarded by high safety barriers, making
it unlikely that the 3 victims jumped on their own.
(source: Japan Times)
INDIA:
Kerala High Court confirms death for rape-murder
The High Court on Wednesday confirmed the death penalty awarded to Abdul Nassar
by the Manjeri Sessions Court in the case connected with the rape and then
murder of a 9-year-old girl. Upholding the lower court order that the crime is
one of the 'rarest of the rare' the HC stated that the convict deserved no
clemency. The incident that shocked the region took place in April 2012. The
9-year-old girl, a friend and classmate of the daughter of the accused, went to
residence of Nassar to meet his daughter. The girl then failed to return home
leading to her family members mounting a search for the missing girl. They also
approached the police and the body of the girl, a class IV student, was found
in a bathroom on the residential premise of Nassar.
After the heinous act, the culprit had strangulated the little girl on the
apprehension that she will speak about the incident. According to the case
registered by the Nilambur police, the accused then tried to conceal the body
before the investigation team unraveled the crime. The district and sessions
judge of Manjeri had awarded capital punishment to then 45-year-old Nassar of
Nellikkuthu describing the incident as one of the rarest of the rare cases in
2013. The convicted has approached the HC seeking clemency.
(source: Deccan Chronicle)
IRAN:
Swedish humanitarian doctor faces death penalty after closed trial----Iranian
authorities arrested humanitarian medicine expert Ahmadreza Djalali during a
2016 visit to Iran, charged him with spying and sentenced him to death in a
sham trial. His family has not given up hope.
10 days ago, Vida Mehrannia was relieved when she heard that her husband, Dr.
Ahmadreza Djalali, had received Swedish citizenship. It gives her hope for a
resolution to the family's nightmare: "I was so happy, because I got some hope
that the Swedish government can [do] more to help my husband and he will get
more support from Sweden," the 43-year-old told DW.
The Swedish immigration authorities' decision to grant Djalali citizenship has
made a difference in the case. "Of course it gives the Swedish ministry of
Foreign Affairs a formal right to actually meet with him because he is now a
Swedish citizen," says Ami Hedenborg of Amnesty International's Sweden branch.
The doctor's former status in Sweden - right of residence - did not allow for
visits.
Fatal trip home
The disaster medicine expert has worked with researchers from all over the
world to improve the capacity of hospitals in countries suffering from extreme
poverty or affected by disasters and armed conflicts. He taught at the
Karolinska Institute of Medicine in Stockholm, and also worked in the research
department of the Free University Brussels (VUB).
Djalali's international career came to an abrupt end when Iranian authorities
arrested him as he traveled to the country to attend medical conventions in
Tehran and Shiraz. They tried him on charges of spying for Israel more than a
year later, and finally sentenced him to death in October 2017 for "cooperating
with an enemy state."
Family in shock
Back in Stockholm, his wife says she never would have thought such an outcome
could occur. "I was shocked because it cannot be possible to get a death
sentence without any evidence. I was under a lot of emotional pressure."
Somehow, Mehrannia had to explain to her children, aged 6 and 15, why their
father hadn't come home. The younger child still doesn't know that he might
never see his father again. "It is not possible for me to say anything to my
son, and explain to him that they want to execute his father," she says, adding
that she would not have been able to stand the situation without the help of
her family in Iran and friends in Sweden.
Colleagues rally to help
Several international appeals have been made on the doctor's behalf. Amnesty
International has been on the case ever since the doctor's arrest. Last
November, 75 Nobel laureates wrote a letter to Iran's UN ambassador pleading
for Djalali's release. In mid-January 2018, the Swedish Academy of Sciences,
Amnesty and the doctor's former employer, the Karolinska Institute, organized a
demonstration demanding his release.
He is a wonderful person and an impressive scientist, says Lisa Kurland, a
senior research fellow at the institute. Djalali knew how badly disasters can
affect the population, and wanted to use his expertise to help. "He knew how
natural disasters affect people, because he had seen the earthquakes in Iran
and experienced how they were being dealt with. He really wanted to make a
change for the Iranian people in such disaster situations," she added.
Foreign appeals unsuccessful
The Brussels-based VUB has also appealed to the Iranian government. "This
scientist was convicted in a closed procedure, and now faces the death
penalty," said University President Caroline Pauwels. She told Belgian media
that he was a highly esteemed colleague involved in important research, and
that his sentencing was an outrage: "This scientist was sentenced in a
non-public trial and now faces the death penalty."
Mehrannia first kept the arrest from the public for months because she hoped
her husband would be set free, but she is now actively working to contact his
former colleagues and the media. She is convinced that international attention
can still help him. And she is convinced that her husband will return home to
his life and family in Sweden.
Too little, too late?
It was not enough that he was naturalized, and it came too late, argues Yasamin
Alttahir, a Mideast expert with Amnesty International in London, adding that
she sees little chance of Stockholm intervening this late in the game.
Iran's judiciary, meanwhile, refuses all legal action against the death
penalty, including efforts to review proceedings that Amnesty says are marked
by numerous irregularities and legal errors.
At this point in time, consular assistance for Djalali can only be "very
limited," Alttahir says, adding that only the hope of an amnesty remains,
perhaps in a few weeks' time on the Persian New Year.
Djalali is not the only Iranian with dual citizenship languishing in an Iranian
prison. According to Reuters about 30 people with dual citizenship - including
Dutch, British and American nationals - were arrested in Iran over the past 2
years. In early February, Kavous Emami, a Canadian-Iranian environment
researcher, allegedly committed suicide in Tehran's Evin prison. The Canadian
government has demanded a probe into the circumstances behind his death.
(source: Deutsche Welle)
PAKISTAN:
Killers get death penalty in Faisalabad----Death penalty has been awarded to 2
accused involved in murder cases of Madina Town and Sadar police stations.
Death penalty has been awarded to 2 accused involved in murder cases of Madina
Town and Sadar police stations. According to the prosecution, Madina Town
police had booked Ahsan Ali and his accomplice Zaheer Abbas for killing Waqar
Asghar during a dacoity last year.
After observing evidences and witnesses, Additional District and Sessions Judge
Muhammad Afzal Majoka awarded capital punishment to Ahsan Ali and ordered him
for pay Rs 500,000 as compensation to legal heirs of the deceased.
The court also awarded 35 years imprisonment and a fine of Rs 50,000 to Zaheer
Abbas. Meanwhile, Additional District and Sessions Judge Khalid Saeed Watto
awarded death sentence to Ghulam Mustafa and ordered him for paying Rs 300,000
as compensation. Sadar police had booked Ghulam Mustafa and his 3 accomplices
Ashfaq, Ejaz and Shehbaz for killing Rawal over minor dispute last year.
(source: Pakistan Point News)
****************
Outcome of Asia Bibi's case directly linked to renewal of trade deal EU warns
Pakistan
The European Union has warned Pakistan that trade ties are directly dependent
upon the outcome of Asia Bibi's case. In this regard, Jan Figel, the special
envoy of EU for the promotion of religious freedom around the world openly told
the Pakistani officials that continuity of GSP plus status of Pakistan will be
determined by release of Asia Bibi, who is on death row after being convicted
of committing blasphemy.
European Union awards
Pakistani Christian woman Asia Bibi was accused of committing blasphemy by her
co-workers back in 2009. Later on, in 2010, a court in district Nankana awarded
her capital punishment, which was later challenged by her defense counsel. The
decision was upheld by a 2-member bench of Lahore High Court in 2014. Her
appeal case is currently pending with the Supreme Court of Pakistan.
Jan Figel communicated with the Pakistani during his visit to Pakistan. In a
press release issued by the EU, says: "The EU communicator stressed the need to
resolve Asia Bibi case because Italy, one of the EU strategic partners, is
pushing hard to parallel the renewal of GSP plus status with the release of
Asia Bibi, an internationally known Christian victim of false blasphemy charges
languishing in the Pakistani prison for the last 8 years. In her early session
court hearings, she denied blasphemy accusations.
But the court was pressurized by local as well as national religious forces; as
a result, Muhammad Naveed Iqbal, session judge of Sheikhupura Courts, announced
capital punishment for Asia Bibi. Later, she lost her appeal in the Lahore High
Court in 2014 which not only left her in despair but additionally High Court's
stay order against presidential pardon made her acquittal chances very slim.
Her further appeal is pending in the Supreme Court of Pakistan."
The press release elucidated that most of the EU countries are of a belief that
the Apex Court of Pakistan is intentionally delaying hearing of Asia Bibi's
case owing to the pressure exerted by the political and religious parties. It
was noted that the Chief Justice of Pakistan Justice Saqib Nisar has publicly
urged the judges to conduct speedy trials of impending cases, yet he is not
hearing the case of Asia Bibi.
Generalized System of Preferences (GSP) plus status allows duty-free access to
the EU markets. Having this status, Pakistan was allowed 20 % exports to EU
markets at zero tariffs while another 70 % at the same markers at privileged
rates. In case, EU does not renews Pakistan's GSP plus status, it will be left
with no other option but to borrow in order to stabilize its economy.
(source: christiansinpakistan.com)
ZAMBIA:
Politician fighting girlfriend gets death penalty for murder
A Lusaka Court has sentenced a prominent opposition politician to death for
killing a guard who tried to mediate in the politician's fight with his
girlfriend.
Keith Mukata shot the guard dead as the latter was attempting to separate him
from a girlfriend the politician was fighting with.
"The Lusaka High has sentenced Chilanga UPND Member of Parliament, [Keith]
Mukata to death by hanging after finding him guilty of murder," Africareview
reported. Mukata's co accused and girlfriend Charmane Musonda, was acquitted
due to lack of evidence.
The duo was arrested on May 6, 2017 for allegedly shooting to death the
security guard, Mr Namakambwa Kalilakwenda.
Lusaka High Court Judge Susan Wanjelani was quoted saying there was
overwhelming evidence that Mukata killed his security guard. In mitigation
Mukata, also a lawyer, asked for a lesser sentence as he was a first offender
and has numerous responsibilities.
But the judge said there was sufficient evidence that he had intention to kill
his security guard.
After she delivered judgement in a fully parked court room, there was a chorus
of wailing by Mukata's sympathisers.
Zambia has not hanged any convict after the Frederick Chiluba's regime which
ended in 2001, but still maintains the death penalty in its statutes.
The sentence has invoked social media comments with some people, including
zzaro Skylar expressing awe.
In @Skylar_rue, "Death by hanging. How sad, I didn't see this ending this way
for Keith Mukata.'
CHIMWEMWE KHUNGA said in his tweet: "I thought Keith Mukata will be pardoned
considering he's stay in parliament when other opposition lawmakers left
parliament during the presidential address."
Ngularr said in her tweet: This is too sad. Guilty or not I really did believe
he would get off on a technicality or get a lighter sentence i guess the
evidence was overwhelming.
(source: Lusaka Times)
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