April 30
INDONESIA:
How lies, arrogance and cockiness earned Bali 9 kingpins the death sentence
Bali 9 kingpins Andrew Chan and Myuran Sukumaran's lies, arrogance and
shameless cockiness with Indonesians earned them the death penalty they could
have avoided, a new book claims.
After their arrests for masterminding the 8.3kg heroin plot, the 2 Australians
were "full of swagger and bravado and smart-alec quips".
They were "full of everything except contrition", according to a new account of
the pair's lives on death row and execution by firing squad by Indonesia
specialist and News Corp journalist Cindy Wockner.
According Wockner's book, Chan "smirked" and was "insolent" in the face of an
Indonesian judge he treated as "stupid".
This approach was disastrous "in a legal system that places a great deal of
emphasis on co-operation, on courtesy and politeness in court and on admissions
of guilt and expressions of remorse".
It gained them the death penalty when it might have been avoided, Wockner
writes in her book, The Pastor and the Painter.
She describes the men's impudence and shameless approach, and the fights they
had with Renae Lawrence and other Bali 9 members.
Wockner tells how various members of the Bali 9 including Lawrence changed
their stories to police and court officials, with predictably catastrophic
results.
Wockner would later grow fond of Chan and Sukumaran and weep when they met the
firing squad, and her book is the story of their lives from "Aussie schoolboys
to convicted drug traffickers to redemption on Indonesia's death row".
However, she admits she did not like them in their early days at Bali's
Kerobokan prison.
Her book also gives an insider's account of the days leading up to the men's
execution on Nuskambangan Island on April 29, 2015.
The Bali 9 were arrested 10 years earlier on Myuran Sukumaran's 24th birthday,
he in a hotel at Bali's Kuta Beach and Chan at Ngurah rai airport.
Chan was carrying no drugs, but police arrested 4 mules with most the heroin
strapped to their bodies, Renae Lawrence, Martin Stephens, Michael Czugaj and
Scott Rush.
Wockner writes that upon his arrest Chan said, "Whatever happened to Schapelle
Corby happened to me" and that he and Sukumaran denied all knowledge of the
drugs.
Renae Lawrence was talking on the advice of her lawyer to earn a discount on
her sentence, and revealed she had done a successful heroin run with Chan seven
months earlier.
The Bali 9 were kept in police holding cells for 3 months, Chan and Sukumaran
kept deliberately at different police stations 15km apart.
They then were moved to Kerobokan jail, at the time home to Schapelle Corby who
visitors paid prison guards 5000 Rupiah (50 cents) each to see.
Chan and Sukumaran hired the same lawyers and would be tried separately; the 4
mules each had different lawyers for their separate trials.
At Sukumaran's trial, which began in January 2006, he claimed he had come to
Bali solely as a tourist, and had nothing to do with Chan, or with the heroin
or strapping the mules.
Wockner writes Sukumaran told the judges so many times he didn't know the
answer to their question, that "it became ridiculous".
"He told the judges he couldn't remember what kind of mobile phone he had.
"They had enough. 'Have you ever had the disease of amnesia?'," a judge asked.
When Sukumaran required an explanation as to what amnesia was, and said he
couldn't remember when he'd had it, "the judges were not impressed". A week
later, Chan's trial began and Sukumaran was called as a witness, but refused to
testify because he was a suspect in the same case.
Given a warning by the judge, he stonewalled. Chan did the same, despite
"increasingly angry" retorts by the judges.
Cracks appeared in whatever solidarity there might have been between the 9
accused Australians and Lawrence in particular refused to have anything to do
with the others.
Chan also told them Lawrence's claim that he had threatened to kill her or her
family if she refused to carry the heroin was untrue.
A clearly angry Lawrence told the court that this denial was "lies".
Wockner writes that Chan was "insolent" in the face of persistent questioning
by the judges to which he responded either "no", "I don't know" or ???I don't
remember".
The questions included: "Do you know about a narcotics case called the Bali 9?"
When Sukumaran came to testify he, too, refused to answer questions and when
his statement to police about his noninvolvement with any aspect of the drugs
was read out, Lawrence said it was also lies.
But Lawrence did herself no favours.
Despite admitting her role in the Bali 9 plot, but saying it was under the
instruction and threats of Chan, she abandoned her police statement about the
successful 2004 heroin run.
Martin Stephens gave evidence at Chan's trial and said he and his family had
also been threatened with harm.
Chan's version of events was that he was in Bali to shop, go clubbing and
supervise and that despite police surveillance photos of him with Sukumaran,
they weren't together.
He also claimed he didn't know Stephens or Lawrence, with whom he had worked in
Australia, before Bali.
He said, "I never strapped any heroin on their bodies ever in my life" and
claimed all the witnesses were "liars".
The judges were by now irate: "How do you know they are liars, you don't know
them?"
The judges then said: "Please don't tell the wrong story or lies because the
judges, the lawyers, the prosecutor, all the people here are not stupid."
1 judge instructed the interpreter specifically to tell Chan, "Indonesian
judges are not stupid people".
Andrew responded regarding the heroin: "I don't even know who owns it. I've
never seen it until Polda (police headquarters), they started throwing it at me
and saying it's yours and I've never seen it."
As Wockner writes, both Chan and Sukumaran's refusal to testify was, they later
said, on the advice of their lawyers.
But, "the approach did not serve them well".
When it came to closing submissions, the prosecution "saw no reason for
leniency for either Myuran or Andrew," she wrote.
"Sentence them both to death, they told the judges. Chan smirked.
"The translator asked him if he knew what the words hukuman mati meant.
Chan replied: "Yes, death penalty no problem"
On the day of the verdict, February 14, 2006, both men's lawyers advised them
not to leave Kerobokan jail and not to come to court.
They were told to "feign illness ... you are going to get the death penalty".
But it was too late, Chan and Sukumaran could not avoid getting on the bus.
At Denpasar District Court, the judges read out their decision in Indonesian
before declaring Chan guilty and sentencing him to death.
Next was Sukumaran's verdict, again the death penalty.
The judges said that the heroin in the Bali 9 plot could have fed drugs to 8200
victims.
On the same day in a different court, judges gave Martin Lawrence and Michael
Czugaj life sentences.
When the verdict was read out for Renae Lawrence, she was stunned to receive a
life sentence, having bargained on only getting 20 years.
On January 17, 2015, Indonesia's President Joko Widodo rejected a clemency
request from Andrew Chan and had denied one from Myuran Sukumaran the previous
month.
On March 4, 2015, the men were flown under a heavy police presence to the
Javanese port of Cilicap and taken to Nusakambangan, known as "Death Island"
where 9 weeks later they were executed.
(source: news.com.au)
PAKISTAN:
ATC acquits Saad Aziz in police encounter case
An anti-terrorism court (ATC) on Monday acquitted Safoora carnage prime accused
Saad Aziz in a case pertaining to a police encounter and intent to murder for
lack of evidence.
SHC seeks details of military court's judgment in Safoora Goth, Sabeen Mahmud
cases
Police had claimed that on June 3, 2015, Aziz had attacked police in the area
of Samanabad in Gulberg Town in Karachi. According to the police, when they
fought back, Aziz fled the scene. A case was registered against the convicted
death-row prisoner at the Samanabad police station.
Last month, the Sindh High Court (SHC) also sought further details of the
military court's judgment regarding the conviction of the 5 terrorists who were
involved in the Safoora Goth carnage and Sabeen Mahmud's murder.
A 2-judge bench, headed by Justice Naimatullah Phulpoto, asked defence lawyer
Hashmat Habib to submit such details within 1 month and fixed the matter on a
date to be later notified by the office.
A military court had awarded capital punishment in one of the cases to Saad
Aziz alias Tin Tin, Tahir Hussain Minhas alias Sain, Asadur Rehman alias Malik,
Mohammad Azhar Ishrat alias Majid and Hanif Nazir on May 12, 2016. The Islamic
State-inspired group had shot dead 45 members of the Ismaili community in the
outskirts of Karachi in May 2015.
The convicts, Aziz, Minhas, Ishrat, Rehman and Nazir, had filed appeals against
the sentences awarded to them by the military court.
Their lawyer contended that the petitioners were illegally tried and that too
in the absence of any counsel, which was a violation of Article 10 of the
Constitution, as they were also not able to communicate during their trial and
investigation. On these grounds, their conviction is liable to be set aside, he
added.
(source: The Express Tribune)
****************
Christian Mother Asia Bibi's Death Penalty Appeal Will Be Heard Soon,
Pakistan's Top Judge Says
Pakistan's Chief Justice Saqib Nisar has said he will "soon" decide the fate of
Asia Bibi, a Christian mother of 5 who was sentenced to death in 2010 on
accusations of blasphemy.
The judge told Bibi's lawyer, Saif-ul-Malook, "I am going to fix your case soon
and I myself will preside over the bench," according to UCAN.
Justice Nisar said this when Bibi's lawyer urged the Supreme Court to provide
him police protection due to apparent anger among sections of the Pakistani
society. The court granted him protection.
In 2016, Justice Iqbal Hameed, who was hearing Bibi's appeal against death
penalty at the Supreme Court, recused himself from the case and later resigned
giving no specific reason.
In 2011, Salmaan Taseer, a Pakistani businessman and politician who served as
the governor of the province of Punjab, was assassinated by his own bodyguard
after he publicly criticized the country's blasphemy laws referring to Bibi's
case. The then minister of minorities, Shahbaz Bhatti, a Christian, was also
ambushed and killed supposedly because he said Bibi should be granted a pardon.
Allegations of blasphemy often "stem from the Muslim accuser's desire to take
revenge" and to "settle petty, personal disputes," according to Pakistan's
Centre for Legal Aid, Assistance and Settlement, or CLAAS.
Pakistan's blasphemy laws, which are embedded in Sections 295 and 298 of the
Pakistan Penal Code, carry a death penalty, and yet there is no provision to
punish a false accuser or a false witness of blasphemy.
Bibi was sentenced to death in 2010 on allegations of blasphemy after two
co-workers accused her of insulting the Muslim prophet Muhammad.
One day in June 2009, she was picking berries with a group of Muslim women in
the town of Sheikhupura in the Punjab province. The women got upset that she
drank from the same water bowl as them. An argument ensued, and the women went
to police and accused her of saying something along the lines of "My Christ
died for me, what did Muhammad do for you?" She was promptly arrested.
In 2015, Katrina Lantos Swett, the then chairperson of the United States
Commission on International Religious Freedom and her fellow commissioner, Mary
Ann Glendon, released a report after their visit to Pakistan.
"There is a rising tide of religious persecution by the state and by
militants," they wrote. "The commission is aware of almost 40 people on death
row or serving life sentences for blasphemy, a statistic unmatched in the
world. The law fosters violence against religious minorities, such as
Christians, Hindus and Ahmadis."
(source: The Christian Post)
BAHRAIN:
HM's decision to commute death sentence hailed
The Shura Council has said that His Majesty King Hamad bin Isa Al Khalifa's
kind gesture to commute the death sentence against a number of convicts found
guilty of forming a terrorist cell and other terrorist crimes reflects the
noble humanitarian stances, and the tolerance and forgiveness principles
embraced by the King.
Such noble values which HM the King inherited from his esteemed parents and
grandparents have made Bahrain, under his leadership, a land of tolerance,
co-existence and peace, the Shura Council said.
In a statement issued during the 28th regular session, chaired by Ali bin Saleh
Al-Saleh, the Shura Council valued highly the kind royal gesture, noting that
it reflects the existing spirit of love and forgiveness governing the
relationship between a wise leader and his loyal people.
The royal initiative reflects HM the King's high morals, nobility and kindness,
as well as his authentic humanitarian stances stemming from the tolerant
Islamic teachings, the statement said, adding that HM King Hamad is known for
his wisdom, statesmanship, forgiveness, compassion, tolerance and generosity.
The council also lauded the historic stances of the Commander-in-Chief of the
Bahrain Defence Force, Field Marshal Shaikh Khalifa bin Ahmed Al Khalifa, for
his bravery and nobility, praising the commander-in-chief's forgiveness of
those who targeted his life.
The Shura Council stressed that HM the King's initiative consolidate the royal
enlightened vision aiming to achieve the interests of the nation, expressing
utmost rejection of statements that fail to condemn terrorism, and Iran's
support for such terrorist acts carried out by its affiliate militias.
(source: newsofbahrain.com)
SAUDI ARABIA:
Saudi Arabia is Still Killing People for Drug Offenses While Letting Royals Off
Waleed al-Saqqar stood before a Saudi judge, facing the death penalty.
In 2014, Waleed al-Saqqar, a Jordanian man, was caught smuggling thousands of
captagon pills from Jordan into Saudi Arabia. Preventing from explaining the
circumstances that led to him smuggling pills, and without a lawyer to speak on
his behalf, al-Saqqar was sentenced to death.
His total trial reportedly only lasted 5 minutes. In the eyes of the Saudi
criminal justide system, that was enough time for the Saudi judge to evaluate
the evidence presented and make a life-ending decision.
Al-Saqqar's case is not unique. In fact, his appears to be the norm for drug
crimes in Saudi Arabia. The notoriously conservative country has, according to
Human Rights Watch, executed 48 people since the start of 2018. Many of those
killed have been sentenced for non-violent drug crimes and often seem unable to
acquire legal representation during the trial.
In fact, Saudi has executed over 600 people since 2014, with more than 1/3 of
those executions being for drug-related offenses.
While Saudi's de facto leader, Mohammad bin Salman, tours the world trying to
re-brand the country as a progressive and modern place, it keeps killing people
for drug crimes.
Saudi has a History of Killing Drug Offenders
Saudi's criminal justice system has, since a 1987 religious ruling, mandated
the death penalty for certain drug-related crimes.
The Royal Decree no. 39 of 2005 further gave judges more discretionary power to
hand down death sentences to a wide range of drug trafficking crimes, defined
as "selling, donation, distribution, delivery, reception or transportation," of
drugs.
Saudi judges have sentenced hundreds to die for crimes relating to drug
possession and trafficking.
Human rights researchers and activists say Saudi's extensive use of capital
punishment for non-violent crimes violates international law, specifically the
International Covenant on Civil and Political Rights (ICCPR), which was acceded
by the United Nations General Assembly. The ICCPR only permits the death
penalty for the "most serious crimes."
A Middle East researcher with Human Rights Watch pointed out in an interview
that although Saudi is not a signatory to the ICCPR, the laws therein have been
so universally accepted that they have become customary international law.
Moreover, the ICCPR seeks to strengthen due process within criminal and civil
justice courts - a basic human rights and practice has not shown much
dedication towards. Saudi executes an average of 80-200 people annually, making
it one of the most prodigious users of capital punishment in the world, third
only to China and Iran.
In an interview with Al Bawaba, the researcher said that although Saudi has
campaigned to be more outward looking and modern, Mohammad bin Salman has not
really touched the criminal justice system.
These deaths are likely something bin Salman is likely "embarrassed by" and may
have a plan to change, but no such plan has been publicly unveiled.
Saudi's criminal justice system appears two-tiered, with members of the royal
family either entirely immune or the subject of only light punishment, with
everyone else receiving the death penalty or stiff jail sentences.
Saudi's royal family are infamous for hosting lavish parties and maintaining
illicit drug habits.
In 2010, Wikileaks released cables of U.S. diplomats discussing parties hosted
by Saudi royals.
"Alcohol, though strictly prohibited by Saudi law and custom, was plentiful at
the party's well-stocked bar. The hired Filipino bartenders served a cocktail
punch using sadiqi, a locally-made moonshine," the dispatch read. "It was also
learned through word-of-mouth that a number of the guests were in fact 'working
girls', not uncommon for such parties."
The diplomatic cable added that cocaine and hashish is common in Saudi royal
circles.
One Saudi prince, Abdel Mohsen bin Walid bin Abdulaziz, was caught smuggling
tens of thousands pills into Saudi via Beirut. Unlike al-Saqqar, the Jordanian
who received the death penalty after a 5-minute trial, bin Abdulaziz has been
seen partying since he was caught.
Another prince, Majed Abdulaziz al-Saud, had been renting a home in Beverly
Hills, California and allegedly abusing female house workers. Court documents
detailed testimonies from workers who were subject to emotional and sexual
abuse.
At one point, the prince yelled "I am a prince, and I do what I want! You are
nobody!??? to the women and threatened to kill them. Felony charges against the
prince were dropped due to "insufficient evidence."
When asked why laws simply don't seem to apply to the Saudi royal family, which
has an estimated 15,000 members, the researcher for Human Rights Watch, was
blunt. "Because they have undue influence and can get out of these things."
Mohammad bin Salman, whose predecessor was reportedly removed from power thanks
in part to a burgeoning addiction to painkillers, launched an
???anti-corruption??? purge to show that even royals were not above the law.
This 'purge,' turned out to be a measure by bin Salman to round up, detain and
even torture members of Saudi's elite who are critical of his rule.
In November 2017, hundreds of princes and Saudi millionaires were detained in a
Ritz-Carlton, and had much of their wealth stripped from them. Over $100
billion was reported to have been confiscated from them, while stories of
coercion and even torture emerged.
Major General Ali al-Qahtani, who was an aide to a senior prince that was
critical of bin Salman, was found dead with a broken neck while in custody.
Bin Salman insisted that the purge was to re-invest embezzled money into the
Saudi economy, but The Intercept revealed secret communications between bin
Salman and Jared Kushner, a close advisor and son-in-law to U.S. President
Donald Trump which showed Kushner potentially giving away names of Saudi
dissidents to bin Salman.
These people were later detained by bin Salman in the purge.
While Mohammad bin Salman has tried to revamp the image of Saudi to look more
modern, he has appeared to rework lines of accountability to flow through him.
In his permissive attitude towards lavishness, bin Salman is sending a message
that as long as you are loyal to him, you are still above the law.
Meanwhile, non-royals and nationals of other countries will continue to be
killed for drug offenses in hasty court proceedings, often without defense
attorneys present.
(source: albawaba.com)
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