Oct. 25
GERMANY:
German region to vote on decades-old death penalty anomaly
Voters in Hesse will be asked on Sunday whether they want theirs to be the last
German state to abolish the death penalty.
A referendum on whether to endorse a raft of revisions to the state's
constitution is being held in parallel with a regional parliamentary vote, and
politicians hope finally to bring to an end a decades-old anomaly.
Like all European Union members, Germany has banned the death penalty and it is
enshrined in the national constitution, its Basic Law of 1949.
But the constitutions of some states, such as Hesse, predate the Basic Law. All
but Hesse have since introduced local bans. But one of Germany's wealthiest and
most populous states has yet to follow suit: an embarrassment for a country
that is an outspoken opponent of capital punishment.
"Partly it was never modernized because it wasn't necessary - the Basic Law
overrules state constitutions," said Juergen Banzer, a Christian Democrat who
served on the committee of churches, trade unions and community organizations
that drafted the amendments.
But there was another reason: Hesse is the only state where constitutional
amendments need to be put to the people. The one thing more embarrassing than
the lack of a death penalty ban would be a vote to ban it that failed.
"There was a fear that if a terrible crime was committed just as Hesse voted on
whether to abolish the death penalty, then the vote could go the wrong way,"
Banzer said.
The death penalty abolition is 1 of 15 amendments to be voted on, including
statements on children's rights, sex equality, European unity and environmental
sustainability.
(source: Reuters)
IRAN:
UN Rights Expert Urges Iran to End Death Penalty for Minors
The U.N. independent expert on human rights in Iran urged Tehran on Wednesday
to abolish the death penalty for juveniles.
"I appeal to the Iranian authorities to abolish the practice of sentencing
children to death, and to commute all death sentences issued against children
in line with international law," Javaid Rehman, special rapporteur for human
rights in Iran, told a General Assembly human rights committee.
Execution of juvenile convicts violates international law and contravenes the
Convention of the Rights of the Child and the International Covenant on Civil
and Political Rights.
Rehman said 5 individuals convicted of having committed murder as minors have
been put to death this year in Iran. The most recent, Zeinab Sekaanvand, was
executed 3 weeks ago. She was accused of killing her husband in 2012 when she
was 17.
"Claims that she was coerced into confessing to the killing, had been beaten
following her arrest and was a victim of domestic violence were reportedly not
adequately examined during her trial," the special rapporteur said.
Iran not alone
Iran is by far the leader among a handful of countries - which include Saudi
Arabia, Pakistan, South Sudan and Yemen - that have executed minors in the past
decade, according to the Death Penalty Information Center website.
Rehman said the Iranian executions continue despite amendments in 2013 to the
Islamic Penal Code that allow judges to give alternate sentences for juvenile
offenders in certain circumstances.
He said there were "numerous" other juvenile offenders on death row in Iran.
The Iranian government says it has established a task force that will deal with
the protection of the rights of children and adolescents, and Rehman has urged
it to address the situation of juveniles on death row.
Needs improvement
The report from Rehman, a law professor at Brunel University London, was his
first since he took up his post in July. He has not yet visited Iran but has
requested that authorities allow him to have unhindered access to the country.
He expressed a series of concerns about human rights in Iran, where for nearly
a year the country has seen a wave of protests fueled by a flagging economy,
high unemployment, the rising cost of living and social discontent.
At the start of the demonstrations last December, numerous arrests were made,
and at least 22 people were killed during a security crackdown. Media workers
have also been harassed and intimidated.
"I remain concerned about the fate of those arrested during the protests, and
call upon the government to ensure that all those imprisoned for peacefully
exercising their freedom of opinion and expression are released," Rehman said.
The situation of women and girls also warrants improvement. One issue that has
been in the spotlight is the mandatory veiling of women.
"Any form of coercion on women violates their rights," Rehman said. "So,
enforcement and forced dress code, thereby, is contrary to international human
rights law."
The Iranian government rejects the concept of the special rapporteur's mandate,
but provides some cooperation with his office. Speaking at the meeting where
Rehman presented his report, the Iranian representative said the exercise was
"counterproductive" and was about "pressure, not cooperation."
Progress
The special rapporteur reported that use of the death penalty in
drug-trafficking cases was down substantially. He welcomed the development,
noting that a change in the law had downgraded penalties for some drug offenses
from capital punishment to prison terms. This year, only 2 drug cases have
resulted in executions, a major drop from 2017, when 213 individuals were
executed.
(source: voanews.com)
*******************
Iran charges 5 wildlife activists with capital offences----Allegations of
spying are unfounded, says government, as UN expresses alarm
5 environmentalists have been charged in Iran with national security crimes
punishable by death, in a development the UN environment head said was deeply
troubling.
The activists from the Persian Wildlife Heritage Foundation were arrested in
January alongside at least four other people, and face allegations of spying,
which human rights campaigners and Iran's own government say are unfounded.
Concerns about environmental challenges, including water shortages, were a
trigger for nationwide protests that began early this year before taking on a
wider political dimension. They came as Iran faces its worst drought in modern
times.
The impasse has undermined the administration of Hassan Rouhani, which has
remained adamant that there is no evidence of wrongdoing against the
environmentalists. By keeping them in jail and charging with such serious
crimes, Rouhani's hardline opponents are flexing muscles in a show of strength
about their upper hand on security matters.
In January, at least 9 activists were detained in mass arrests of
environmentalists carried out by the Revolutionary Guards, the elite forces
that act independently of Rouhani's government and have huge influence within
the country's conservative-dominated judiciary.
One of the detainees, Kavous Seyed-Emami, a renowned Canadian-Iranian
environmentalist, died in a prison in Tehran under mysterious circumstances.
The authorities said he killed himself, but that claim has been met with
widespread scepticism.
At around the same time, Kaveh Madani, deputy head of Iran's environmental
protection organisation, was detained for 72 hours before eventually leaving
the country to live in exile. But at least 8 other environmentalists remain in
jail.
The New York-based Center for Human Rights in Iran cited an Iranian lawyer as
saying that 5 of them have had their initial charge of espionage elevated to
"corruption on earth" - the maximum penalty for which is execution.
The UN Environment head, Erik Solheim, told the Guardian that the UN is deeply
troubled by the cases. "I have transmitted our concerns twice in writing to the
Iranian authorities, and have also spoken with the authorities in Tehran," he
said. "But this latest news gives us even greater cause for alarm."
Solheim said the UN has been kept in dark about the death in custody of
Seyed-Emami as well as the new charges brought against the environmentalists.
"This sends an extremely ominous message to Iran's environmentalist community
who are striving to protect the Islamic Republic's unique environment," he
added.
"The message that needs to be sent is that environmentalists, like the
dedicated people who are under arrest, deserve the utmost support and fullest
protection which Iran's laws and constitution guarantee. At present, Iran's
environment is under immense pressure - with water stress, land degradation,
air pollution, loss of wildlife and sand and dust storms. All who seek to
protect it must be supported. All hands count."
It is still unclear why the authorities have been suspicious of the Persian
Wildlife Heritage Foundation (PWHF), which was founded by Seyed-Emami. The
judiciary has accused the professor of being a CIA-Mossad agent, saying his
organisation had used surveys of endangered Asiatic cheetahs as a pretext for
spying in strategically sensitive areas. A reporter close to the Revolutionary
Guards claimed recently that the environmentalists were planting cameras and
collecting soil samples to identify sensitive areas used by Iranian military
for missile tests.
Officials have failed to release any evidence in public to substantiate their
claims.
The 5 environmentalists are Houman Jowkar, Taher Ghadirian, Morad Tahbaz,
Sepideh Kashani and Niloufar Bayani. Tahbaz, who is Iranian-American, was a CEO
of the group. Bayani has a history of working with the UN, including for
projects in Afghanistan. She returned to Iran, her birthplace, last June to
join the PWHF.
One source familiar with Iran's political machinations said its intelligence
apparatus has sensed weakness in dealing with growing environmental challenges,
which it views as a national security issue. The source said officials are
suspicious of NGOs with great international exposure that have dual nationals
involved.
"After the death in custody of Seyed-Emami, the Revolutionary Guards went on
defensive and to extremes to prove that something was wrong, especially when
the government is saying they haven't done anything wrong," the source said.
The 3 other environmentalists who have not been charged with corruption on
earth, but whose fate are unclear are Amir Hossein Khaleghi, Sam Rajabi and
Abdolreza Kouhpayeh.
(source: The Guardian)
SAUDI ARABIA:
First Saudi female activist on death row may face final court ruling within
days
Saudi human rights defender Israa al-Ghomgham is due to appear in court this
Sunday after being sentenced to death in a secretive trial last August,
according to Saudi activists informed about her case.
Ghomgham, 29, is reportedly the 1st female human rights activist to be
sentenced to death in a Saudi crackdown that has only worsened since Mohammed
bin Salman (MBS) became crown prince and heir to the throne last year.
During Sunday's session, the judge may either confirm or drop the death penalty
recommendation issued by the Saudi public prosecutor in August.
Beheadings usually take place in Saudi Arabia after the decision is ratified by
the king, in this case, King Salman bin Abdulaziz.
What may be Ghomgham's final hearing comes as Saudi Arabia's human rights
practices are under heavy scrutiny following the killing of journalist Jamal
Khashoggi at the Saudi consulate in Istanbul on 2 October.
While MBS has projected himself as a reformer, lifting a long-standing ban on
female drivers, opening cinemas for the 1st time and attempting to ween the
kingdom off its reliance on oil, the changes have come with a clamping down on
critical voices.
Hundreds of executives, former government officials, religious leaders and
activists, including the women who first pushed for the driving ban to be
lifted, have been imprisoned.
While the arrests of the businessmen and former officials, held at the
Ritz-Carlton hotel, were portrayed as an anti-corruption drive, critics say the
detentions all serve to snuff out voices critical of the young crown prince.
Targeted over protests
Ghomgham is believed to have been targeted as a result of her leading role in
the anti-government protests that have erupted in the Qatif region since 2011,
demanding an end to discrimination against the Shia minority in the country and
the release of political prisoners.
Muslims belonging to the Shia sect - who make up nearly 10 % of the population
- have historically suffered marginalisation in the Sunni-majority gulf
Kingdom.
The targeting of the Shia community in Saudi Arabia has escalated in recent
years, with a surge in death sentences primarily targeting Shia political
activists. The majority of political prisoners currently on death row are Shia,
while most of executions carried out in 2018 targeted Shia activists, according
to rights groups.
According to the latest tally by the European Saudi Organisation for Human
Rights (ESOHR), 93 people were executed in 2018 alone on political and
drug-related charges. At least 62 prisoners are currently facing the death
penalty, including 8 minors.
Ghomgham has been detained for nearly 3 years in al-Mabahith prison in Dammam,
the capital of Saudi Arabia's Eastern Province, inhabited mostly by the Shia
minority. The charges brought against Ghomgham are all mostly linked to her
non-violent participation in protests and their documentation on social media.
Saudi Shia women and men protest in Qatif over the execution of prominent Shia
cleric Nimr al-Nimr by Saudi authorities in January 2016 (AFP)
Ali Adubisi, director of ESOHR, said that Ghomgham's father, who first brought
attention to her case by starting a fundraising campaign for her legal
expenses, has been summoned for interrogation and accused of "inciting public
opinion against the state".
He said he was hoping international criticism of the kingdom over Ghomgham's
case, and most recently the Khashoggi murder, would prevent a possible
execution.
However, he said Mohammed bin Salman's interview with Bloomberg, in which he
defended his crackdown against women activists, indicated that "he convicted
them prior to any court verdict".
"Any execution is appalling, but seeking the death penalty for activists like
Israa al-Ghomgham, who are not even accused of violent behaviour, is
monstrous," said Sarah Leah Whitson, Middle East director at Human Rights
Watch.
"Every day, the Saudi monarchy's unrestrained despotism makes it harder for its
public relations teams to spin the fairy tale of 'reform' to allies and
international business."
'Politically motivated'
The trial of Ghomgham and 6 others, including her husband Moussa al-Hashim, has
been decried by Amnesty International as "politically motivated" and aimed to
silence dissent.
Ghomgham's trial has been held at the Specialised Criminal Court (SCC) -
established in 2008 to try terrorism cases. But rights groups have repeatedly
called for its abolition, saying it is increasingly used to prosecute peaceful
activists, and that its proceedings usually violate the right to fair trials.
The same court witnessed the sentencing of prominent Sunni clerics to death in
September, including Salman el-Odah, Ali al-Omari and Awad al-Qarni.
The SCC has also been used in trials against activists and leading clerics
belonging to the Shia minority who were later executed in 2017.
Earlier in October, a panel of UN experts expressed "acute concern" for
Ghomgham, saying the charges against her "lack legal bases" and that she was
being denied the right to legal representation.
The office of the UN High Commissioner for Human Rights told MEE it was
currently in touch with Saudi authorities regarding Ghomgham's case, but that
communications between them would "remain confidential for 60 days once they
have been sent".
(source: Middle East Eye)
SINGAPORE:
Stop imminent hangings, end wave of executions
Singaporean authorities must halt the imminent executions of Prabu N
Pathmanathan, a 31-year-old Malaysian national, and of another man whose name
has not been released, Amnesty International said today. Both prisoners were
sentenced to the death penalty on drug-related convictions in separate cases.
Pathmanathan's family were informed last week of his scheduled execution for
Friday 26 October. He was sentenced to the mandatory death penalty after he was
found in possession of diamorphine. Another man is also reported to be executed
this Friday, also on drug convictions.
News of these planned executions follow the reported execution of another man
today, and that of three men, on 5 October, also for drug-related offences.
The use of the death penalty and its imposition for drug-related offences
contravene international law and standards
"Singapore authorities must immediately halt plans to kill these men and put a
stop to this recent wave of callous executions", said Rachel Chhoa-Howard,
Amnesty International's Singapore Researcher.
"It is time for Singapore to re-establish its moratorium on the death penalty
and follow the government of Malaysia's example, who have suspended all
executions and announced plans to abolish the use of this cruel punishment for
all crimes."
"The fact Prabu Pathmanathan's family in Malaysia received news of his
impending execution - all while their own government have just resolved to end
this abhorrent practice - makes this case even more troubling", she added.
"This cruel and irreversible punishment has no place in any society, as more
than 2/3 of the world's countries have come to recognize."
Amnesty International is aware of 6 executions carried out in Singapore this
year, all for drug offences. The authorities of Singapore carried out eight
executions in 2017, also for drug offences, but details of all the executions
were not publicly available.
Background
Amnesty International opposes the death penalty in all cases without exception,
regardless of the nature or circumstances of the crime, the guilt, innocence or
other characteristics of the offender or the method used by the state to carry
out the execution. The death penalty violates the right to life and is the
ultimate cruel, inhuman and degrading punishment.
As of today, 106 countries have abolished the death penalty for all crimes and
142 in total are abolitionist in law or practice. In 2017 the death penalty was
imposed or implemented for drug-related crime in 15 countries, but Amnesty
International recorded executions for drug-related offences in only 4 - China
(which classifies figures as a state secret), Iran, Saudi Arabia and Singapore.
(source: Amnesty International)
MALAYSIA:
113 laws need to be updated, including on the death penalty, says Liew
A total of 113 laws will need to be repealed, amended or drafted including the
laws related to the death penalty, said Datuk Liew Vui Keong.
"Part of these laws in the proposed list will be tabled in the current
parliament session and the next one," the de facto law Minister in the Prime
Minister's Department said on Wednesday (Oct 24).
"The remaining parts of the laws will be tabled according to the timeline which
will be decided by respective ministries," he said in a statement.
The proposed list includes the Dangerous Drugs Act 1952 [Act 234], Sedition Act
1948, The Prevention of Crime Act 1959, The Prevention of Terrorism Act 2015,
all laws related to the death penalty, National Security Council Act 2016, Law
Reform (Marriage and Divorce) Act 1976 (marriage age limit), among others.
Liew said the list is the outcome of several briefings including one attended
by representatives from all ministries on Oct 4, another session attended by
ministers and deputy ministers on Tuesday (Oct 23), and a meeting with the
Backbenchers Council on Wednesday (Oct 24).
"The proposed list is to determine the need for these laws to be repealed,
amended or drafted, based on Pakatan Harapan's (election) manifesto and the the
Mid-Term Review of the 11th Malaysia Plan," he said.
Liew said the proposed list was not final and will be updated from time to
time.
(source: thestar.com.my)
INDIA:
Clearing 65-75 death penalty cases is Supreme Court's priority now
The Supreme Court Tuesday said there are 65-75 death references pending which
needed to be heard on priority basis rather than hearing a plea for some roving
inquiry into the nexus between politicians.
A bench of Chief Justice Ranjan Gogoi and Sanjay Kishan Kaul questioned an NGO
about the authenticity of documents it has been referring to allege nexus
between politicians and corporate houses.
"There are 65-75 people languishing in jail. When they wake up in the morning
they do not know whether they will be able to see the light of another day.
Judicial time is precious and that is our priority. I want my judges to focus
on these cases," the bench told advocate Prashant Bhushan, appearing for NGO
Centre for Public Interest Litigation (CPIL).
Bhushan said that he is aware of the priorities but the case also needs to be
heard as it involves the nexus among journalists, politicians and corporate.
The bench asked Bhushan whether he has any idea about the number of
constitution bench cases pending before the apex court or the number of cases
referred to 3-judge bench.
It adjourned the matter for further hearing.
(source: english.manoramaonline.com)
PAKISTAN:
Man sentenced to death for honour killing
In Okara, a man was sentenced to death on 2 counts for killing his sister for
honour. The accused was also fined Rs0.4 million. The Additional District and
Sessions court Renala Khurd pronounced the verdict in murder case registered in
2012. The court also acquitted 4 co-accused of all charges. Altaf alias Toofa
was handed down capital punishment on 2 counts for murdering his sister Amla
Bibi in the name of honour.
(source: The Nation)
******************
Asia Bibi's blasphemy case
Today, on the front page of the United Nations' website is an article entitled,
"French full-body veil ban, violated women's freedom of religion: UN Human
Rights Committee."
In 2012, 2 French Muslim women sent complaints to the U.N. when a 2010 French
law was enforced against them for wearing niqabs. A UN Committee of 18
international members ruled that these women in question have a religious right
to wear the niqabs. "The State has not demonstrated how the full veil presents
a threat in itself for public security to justify this absolute ban," the
decision read. The Committee has recommended the 2 women be compensated for the
fines they had to pay, and that the 2010 law be reviewed.
The U.N. seems zealous about protecting religious rights. So, why has it not
issued any statements or recommendations regarding Asia Bibi, a Christian woman
in Pakistan who has been sentenced to death for violating Pakistan's blasphemy
laws?
Her crime was that she drank from a communal cup of water as the sole Christian
working in a field with 3 Muslim women. By doing this, Asia Bibi supposedly
"contaminated" the cup.
Asia Bibi appealed the conviction. Having been in prison since 2009, she now
awaits a final ruling from Pakistan's Supreme Court.
Regarding human rights, the U.N. states the following: "Human rights are rights
inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights include the right to life
and liberty, freedom from slavery and torture, freedom of opinion and
expression ... Everyone is entitled to these rights, without discrimination."
Pakistan has been a member state of the U.N. since 1947. The U.N. maintains
that one's right to life is a human right to which everyone is entitled,
without discrimination. So, why has the U.N. remained silent on Asia Bibi? She
is a Pakistani woman whose right to life is being threatened by a severe and
controversial religious law that violates her own freedom of opinion and
expression as a Christian.
Recall that, in 2017, U.N. Secretary General Antonio Guterres called for the
U.S. to end its "barbaric practice" of the death penalty. "The death penalty
has no place in the 21st century," he said.
So, where is Guterres now? Does he not know about this situation? For a man so
vehemently opposed to the death penalty, it is highly unusual that he has yet
to utter a single word regarding Asia Bibi.
If Antonio Guterres thinks it is his job to criticize the United States for the
death penalty, then he should be consistent and criticize Pakistan for the
same.
It is disillusioning, to say the least, that the U.N. will readily speak up in
defense of a woman's religious right to cover her face, but remain utterly
silent when a woman's very life hangs in the balance because of her own faith.
If the U.N. does not stand for Asia Bibi, then what on earth does it stand for?
(source: Op-Ed; William Mahoney writes from New Jersey----Washington Examiner)
***********************
SC orders fresh medical test of 2 death-row prisoners
The Supreme Court on Tuesday ordered for fresh medical examination of two
schizophrenia death-row prisoners namely Imdad Ali and Kaniza Bibi. A 5-judge
larger bench headed by Manzoor Ahmed Malik ordered the medical board to examine
the mental and physical health of convicted persons while considering the
record of the cases.
Justice Malik observed that the judgment in the instant cases would be
precedent for others.
A council Advocate Syed Iqbal Hussain Gillani, representing a schizophrenic
convict, argued that this court while awarding the sentence had relied upon an
Indian court’s judgment which had been revisited 2 years ago.
The medical board will be consisting civil and military doctors which will
submit their report in 2 months.
The medical board will also inform the court about the history and extent of
mental illness and the prospects of curability of their ailment.
Pakistan has signed international treaties, such as the International Covenant
on Civil and Political Rights, which prohibits the execution of mentally ill
prisoners. Islamic jurisprudence also disallows the death penalty for the
mentally ill. Yet in October 2016, the SC cleared the way for the 52-year-old's
execution, stating in its judgment that schizophrenia was "not a mental
illness" but a "recoverable disease." According to the review petition, Imdad
spent 16 years on death row, with 4 years in solitary confinement in the jail
hospital due to his psychotic issue of schizophrenia.
His condition has continued to worsen. He has been repeatedly diagnosed with
paranoid schizophrenia, and a 2013 medical report stated him to be "insane."
His most recent reported medical evaluations in September and October 2016 find
him to be suffering from psychotic symptoms actively and a psychiatrist at the
prison has deemed him "a treatment-resistant case." Likewise, Kaniza is mute,
at times unable to feed or clothe herself and rarely recognizes or responds to
family members. In 2000, she was diagnosed with schizophrenia.
(source: The Nation)
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