my news posts to this listserve will resume on either March 15 or 16
**************
March 7
TANZANIA:
Tanzania teacher sentenced to death by hanging for killing pupil
A court in Tanzania has sentenced to death by hanging a 51-year-old school
teacher who beat to death a 14-year-old pupil.
Respicius Mtazangira caned and hit Sperius Eradius with a blunt object at their
school in Bukoba town in north-western Tanzania last August after accusing the
boy of a stealing a handbag that had gone missing.
Sperius denied the allegation, but Mtazangira still proceeded to assault him.
In his ruling on Wednesday, High Court Judge Lameck Mlacha convicted Mtazangira
of murder, but acquitted fellow teacher Heriet Gerald.
According to BBC, 9 witnesses – including pupils – testified during their
trial. A medical report presented to court showed that the beating had caused
the child’s death.
Mtazangira’s lawyer was quoted by local media as saying that he did not rule
out an appeal against the verdict.
Tanzania last carried out the death sentence in 1994.
President John Magufuli indicated in 2017 that he opposed executions.
“I know there are people who convicted of murder and waiting for death penalty,
but please don’t bring the list to me for decision because I know how difficult
it is to execute,” he said.
(source: The Maravi Post)
SOUTH AFRICA:
Prayers and politics: Gabola Church wants to bring back death penalty
The Gabola Church United National Front Party recently launched its election
manifesto. The Leader, Pope Tsietsi Makiti, said that the party would
reintroduce the death penalty and instate real change, should they win the
majority.
The Gabola Church United National Front Party recently officially made their
promises to constituents ahead of the upcoming election, in their
strongly-worded manifesto. A political drive event in Evaton drew out church
and party members; with beer and expensive bottles of liquor on display.
According to the Daily Sun, Pope Tsietsi Makiti, leader of the party, promised
to bring about real change: “The Constitution is not suitable for our country.
If we win the majority, we will make amendments and bring about proper change.”
A major point of the manifesto was the reintroduction of the death penalty,
something that seems to have picked up momentum following other political
parties also campaigning for its return. Briefly.co.za reported earlier that
the IFP's Chief Whip, Narend Singh, had written to Parliament in the hopes that
the serious punishment would be considered for South Africa.
IFP's Narend Singh is convinced the death penalty will reduce crime in SA.
Prominent issues like high crime rates, corruption and state capture would be
tackled to bring about the change Makiti spoke of. The party wishes to improve
security at schools in South Africa, with the Pope saying they would protect
them as if they were prisons.
(source: briefly.co.za)
INDIA:
For these 6 men on death row, freedom has been a 15-year-long wait----In an
unprecedented judgment, the SC has set free 6 men accused of murder and rape in
Nashik but not before they spent nearly 2 decades in prison.
The Supreme Court Tuesday acquitted 6 men, taking them off death row — an
unprecedented judgment which overturned its own order of 2009.
The six men had been held guilty of killing 5 members of a family during a
robbery and raping 2 women, including a 15-year-old girl who died.
On Tuesday, however, the apex court pointed to flaws in the prosecution’s case
and ordered the immediate release of the accused.
For the six men, all poor labourers from nomadic tribes, the path to an
acquittal has been a 15-year-long journey involving four different
investigating officers, convictions at all 3 levels of the judiciary and 10
years of death row.
ThePrint traces the case that has led to an unprecedented judgment.
5 murders and a rape
The incident dates back to 5 June 2003, to an incident at Belatgavhan Shivar in
Maharashtra’s Nashik district.
The prosecution had stated that Trambak Satote and his family of five, along
with his sister-in-law’s son Bharat More, were chatting after dinner when at
around 10.30 pm, seven or eight unknown people entered their hut, demanding
money and ornaments.
They allegedly snatched the mangalsutra that Satote’s wife, Vimalabai, was
wearing, jewellery from their daughter and son and Rs 3,000 in cash.
They allegedly re-entered the hut after a while, having consumed liquor, with
weapons such as a knife, axe, sickle and a spade. They assaulted the family
members till Satote and his three sons — Manoj, Sandeep and Shrikant — as well
as More fell unconscious.
3 of the dacoits allegedly dragged Satote’s daughter to the guava orchard
nearby and brought her back naked and with injuries on her body. 2 others
allegedly dragged Vimalabai to the well, assaulted her and then brought her
back.
The incident left 5 members of the family dead but Vimalabai and Manoj survived
and later became the main prosecution witnesses on whose testimonies the case
rested. According to the prosecution, the investigating officer collected
medical evidence, clothes of the 5 dead victims as well as some weapons from
the spot.
The investigation
At the time of the incident, there was also ample political pressure on the
police to crack the case. According to a Press Trust of India report, the then
opposition Shiv Sena-Bharatiya Janata Party (BJP) called for a bandh in Nashik,
while Chhagan Bhujbal, then deputy CM, visited the area where the family was
murdered and announced a financial aid of Rs 1.75 lakh to the next of kin.
Records with the Bombay High Court reveal that the Nashik police were under
tremendous pressure to solve the case and sought help from the official
machinery of all neighbouring districts such as Aurangabad, Ahmednagar, Jalgaon
and Dhule.
The state’s crime branch arrested the first two accused, Ankush Maruti Shinde
and Rajya Appa Shinde, on 23 June 2003. The custody of the other three accused
— Ambadas Shinde, Raju Shinde, Bapu Shinde — who were involved in a separate
case at Bhokardan in Jalna district, was transferred to the crime branch on 27
June 2003.
Their identification parade was held on 25 July 2003, in which Manoj identified
all 5 while Vimalabai could not identify the 2nd accused. The police arrested
the 6th accused, Suresh Shinde, only on 7 October 2004, who both Manoj and
Vimalabai identified two days later.
The prosecution eventually relied on 25 witnesses, including Manoj and
Vimalabai, as well as 4 doctors and brought 20 documents, including spot
panchnamas, post-mortem reports of the deceased, death certificates and opinion
of medical officers, as evidence on record.
‘Mistaken identity’
At all stages of the trial, the defence emphasised that Vimalabai initially
identified 4 other accused from a file that was shown to her on 7 June 2003.
This identification was closest to the date of the incident as against the
identification parade, which was held 50 days after the incident.
Arguing for the accused in the Bombay High Court, defence counsel A.P. Mundargi
said, “The prosecution failed to explain as to how the present accused were
implicated when PW (prosecution witness) 8, who is claimed to be a star eye
witness, had already identified 4 other persons as the accused. It was never
the case of the prosecution that in all 7+4 = 11 dacoits had entered the house
of the complainant and committed the offences.”
In the apex court Tuesday, the defence pointed out that Vimalabai’s statements
to the police and to the court differed, arguing that it made her an unreliable
witness. It also questioned the delay in holding the identification parade and
pointed to a lack of forensic evidence.
“It is submitted that as such, it can be said to be a mistaken identity,”
defence counsel Yug Mohit Choudhary said in the apex court.
The trial
A sessions court sentenced all 6 to capital punishment on 12 June 2006, subject
to the confirmation of the Bombay High Court, saying the accused committed
“brutal murder and their acts were inhuman” while calling it one of the rarest
of the rare cases.
On 22 March 2007, the Bombay High Court upheld the death sentences of 3 accused
and commuted the sentences of 3 others to life imprisonment. On 30 April 2009,
the Supreme Court upheld death punishment to 3 accused and enhanced the
punishment of the 3 others to death.
9 years later, on 31 October 2018, a 3-judge bench of the apex court allowed
appeals by some of the accused seeking a review petition, recalled its 2009
judgment in entirety and brought the appeals for a fresh hearing.
On Tuesday, 15 years after their arrest, the apex court paved the way for the 6
accused to walk free in the case.
(source: theprint.in)
*************************
Man gets death penalty for raping, murdering woman
A court in Thane district Wednesday awarded death sentence to a man for raping
and murdering an 18-year-old woman in 2013.
Additional Sessions Judge at Kalyan, N M Waghmare, held Ashok Mukane, 37,
guilty under IPC sections 376 (rape) and 302 (murder), and also imposed a fine
of Rs 5,000 on him.
The prosecution told the court that Mukane, who hailed from Shahapur in Thane
district, had committed the crime on September 5, 2013.
"The victim was walking along the railway tracks between Asangaon and her house
at Savroli, when the accused accosted and dragged her by the side of the tracks
and raped her. Later he gagged her to death," the prosecution said.
"After committing the crime, he took away her mobile phone, but left the SIM
card intact inside. He went to sell off the phone at mobile shops. Police got a
tip-off about it and he was arrested," the prosecution said.
Mukane was jobless and had a habit of drinking, it told the court.
Terming it a heinous crime, the court convicted the accused and awarded the
sentence.
(source: business-standard.com)
MALAYSIA:
Gerakan: Don’t abolish death penalty, make it discretionary
Gerakan wants the Pakatan Harapan (PH) government to abolish the mandatory
death penalty but retain capital punishment to be at the judges’ discretion.
Party president Datuk Dr Dominic Lau said many Malaysians still support the
idea of the death penalty as they regard it as effective in dealing with
criminals.
He said the government should give judges the power to decide whether a person
deserves to receive this most severe punishment.
“There many other options available if the mandatory death penalty is removed
such as imprisonment for life where the person serves his life in jail or life
imprisonment, where a person serves 30 years in prison,“ Dominic said.
For example, he cited when the case involves drugs it is usually a willing
seller, willing buyer scenario but when it comes to murder it is the decision
to take someone’s life.
He said there have been instances when witnesses in drug trials lied while
giving evidence in a drug trial to ensure conviction.
Lau cited the example of a case fought by Communications and Multimedia
Minister Gobind Singh Deo, where a student facing the death penalty for drug
trafficking was freed after a police officer admitted he lied during the trial.
“A drug trafficker maybe given a 2nd chance but the total abolishment of the
mandatory death sentence will be unfair to the family of a murder victim,
whereby the murderer gets a second chance, but what about the victim, there no
second chance,“ he said.
He urged the government to take such issues into consideration when tabling the
bill during the coming parliamentary to abolish the death sentence.
He said Gerakan had fought successfully to remove 1 of the 8 mandatory death
sentences when Barisan Nasional was in power.
He said today 7 still remain and they are offences against the King, committing
terrorist act, murder, attempted murder while under a life sentence,
hostage-taking resulting in death, discharging firearm in the commission of a
scheduled offence and being an accomplice in case of discharge of firearm.
(source: thesundaily.com)
**************************
History in the making as 9 judges set to deliver verdict
The Malaysian judiciary will for the first time see a 9-member apex court bench
deliver its judgment in a criminal appeal on March 13.
Lawyer A Srimurugan said he received a letter from Federal Court registrar
Norhafizah Zainal Abidin yesterday informing that the bench chaired by Chief
Justice Richard Malanjum would deliver its verdict at 9 am on a death penalty
case related to drugs.
“This is a historic moment as the largest assembled bench will deliver their
decision after hearing submissions in January,” he said.
Malanjum, who was appointed top judge last July, in his maiden speech had said
all constitutional cases would be heard by 9 judges while a bench of seven
would hear public interest cases.
The first nine member bench heard a civil appeal last August but a ruling has
yet to be delivered.
Gopal Sri Ram and Srimurugan are representing Philippine national Alma Nudo
Atenza and Thai citizen Orathai Prommatat who were sentenced to death for drug
trafficking. The two foreigners had said, in their appeal before the Federal
Court, that the prosecution could not rely on an unfair legal provision in the
Dangerous Drugs Act (DDA) to take away their lives.
The prosecution had relied on Section 37A on double presumptions in the DDA,
which was passed by Parliament in 2004 to secure their convictions.
It all began when the Federal Court in the 1998 case of Muhammed Hassan v
Public Prosecutor had held that presumptions could not be used as that would be
oppressive and unduly harsh on accused persons.
The government then introduced Section 37A to allow the prosecution to rely on
presumptions under Section 37 (d) and 37 (da) of the DDA, thereby overruling
the Federal Court judgment.
Sri Ram had said in the appeal of the duo that in enacting Section 37A,
Parliament had exercised unauthorised appellate jurisdiction over the Federal
Court ruling.
The former retired judge had said introducing Section 37A amounted to
Parliament reversing the Federal Court judgement in Muhammed’s case and this
ran contrary to the Federal Constitution.
In both cases, the trial courts held that the women had failed to rebut the
presumption of possession and knowledge under Section 37(d) and had failed to
rebut the presumption of trafficking under Section 37 (da).
Sri Ram said Section 37A also violated Alma and Orathai’s constitutional right
to life under Article 5.
Deputy public prosecutor Nik Suhaimi Nik Sulaiman said Section 37A was a valid
law passed by Parliament and the section was not against Articles 5 and 8
(equality of law and equal protection of the law).
(source: freemalaysiatoday.com)
IRAN:
Executions in Iran for "Moharebeh" and "Corruption on Earth" in 2018
A part of the 11th Annual Report on the Death Penalty in Iran, by IHR, deals
with the charges of executions in 2018. In this article, "Moharebeh" and
"Corruption on Earth" are discussed.
Many offences are punishable by death in Iranian law. However, murder (qisas),
Moharebeh and Corruption on earth, rape/sexual assault and drug-related charges
were the most common charges used against those executed in 2018.
It is important to emphasize that lack of due process of law, unfair trials,
forced confessions, the use of torture and the political nature of the Iranian
judicial system are all major problems that must be kept in mind when analysing
the use of the death penalty in Iran. Therefore, the charges shown below are
solely based on the official charges by the Iranian authorities and have not
been confirmed by independent sources.
Executions in 2018 based on charges:
The chart above shows what charges were used for executions in 2018. For the
2nd time in a row in the past 8 years, murder charges account for the majority
of executions in 2018.
Murder charges were the most common charge used for implemented death
sentences, counting for 69% of all executions. Drug charges were used for 8% of
all executions in 2018 and represent the biggest change compared to the
previous years. Drug offences counted for 88% of executions in 2011, 76% in
2012, 48% in 2013, 49% in 2014, 66% in 2015, 56% in 2016 and 46% in 2017.[1]
Moharebeh and corruption on earth were the second most common charges and were
used for a variety of offences.
Charges, such as murder and rape, are tried by the Criminal Courts while
Moharebeh, corruption on earth and drug charges are processed by the
Revolutionary Courts.
In the following section, we will describe in more detail at the executions
based on the charges and look at some cases.
Executions for Moharebeh, Corruption on Earth and Rebellion in 2018
Due to their vague definition, the charges of “Moharebeh” (waging war against
God) and “Ifsad fel Arz” or “Corruption on Earth” are used for a wide range of
offences. Furthermore, there is considerable subjectivity as regards issuing
these charges which are handled by the Revolutionary Courts.
Corruption on earth has been used by Revolutionary Court judges, particularly
in cases where a death sentence would otherwise be difficult to justify based
on other charges and available evidence.
Ahmadreza Djalali, who worked at the Karolinska Institute in Stockholm, was
arrested during a visit to Iran in April 2016 on charges of “collaboration with
a hostile state”. After a trial in branch 15 of the Revolutionary Court in
Tehran, he was convicted of espionage and sentenced to death in October
2017.[2] He is currently in poor health condition.
In January 2018, Houman Jokar, Sepideh Kashani, Niloufar Bayani, Amirhossein
Khaleghi, Sam Rajabi, Taher Ghadirian, Abdoreza Kouhpayeh, and Morad Tahbaz,
members of a local environmental group, the Persian Wildlife Heritage
Foundation have been arrested. On October 24, 2018, Abbas Jafari Dolatabadi,
the Tehran prosecutor, said at a press conference that [MRA1] four of them face
the charge of 'sowing corruption on earth,' which includes the risk of the
death penalty, claiming that the activists were 'seeking proximity to military
sites with the cover of the environmental projects and obtaining military
information from them.'[3]
In 2018, at least 38 people were executed under Moharebeh and corruption on
earth charges. This is twice as many as in 2017 when 19 people were executed
for such charges.
Among those executed for Moharebeh and Corruption on earth charges, one can
find people with affiliation with Kurdish political parties, religious
minorities and victims of Iran’s new policy to fight against economic
corruption.
Some facts about those executed for Moharebeh and Corruption on Earth charges:
38 executed for Moharebeh, Corruption on earth and rebellion charges
32 executions were announced by official sources
5 were hanged in public
1 was reportedly the leader of a spiritual group
3 charged with economic corruption
8 charged with cooperation with ISIS
18 people were executed charged with armed robbery
3 charged for membership in banned Kurdish groups
3 charged for membership in banned Baluchi groups
Cases of Moharebeh and rebellion for political affiliation
Loghman and Zanyar Moradi:
Kurdish political prisoner, Loghman Moradi and Zanyar Moradi, were executed on
the morning of September 9, 2018, at Rajai Shahr prison in Karaj.[4]
Zanyar Moradi and Loqman Moradi were arrested in Marivan by the agents of the
Ministry of Intelligence of Sanandaj in July 2009. After a few months, they
were sent to Branch 15 of the Revolutionary Court of Tehran, presided by Judge
Salavati, where they were sentenced to public execution on the charge of
“Moharebeh through action against national security, being a member of Komalah
party, assassinating the son of Marivan’s Imam of Friday Prayer, spying for
Britain, disturbing security at the time of the presence of the Supreme Leader
in Marivan”.
Zanyar and Loghman revealed later that they were under severe physical and
psychological torture to confess.[5]
According to a statement by Ahmad Shaheed, the former UN Special Rapporteur for
the human rights in Iran issued in March 2012, “Zanyar and Loghman Moradi were
compelled to confess to allegations of murder after being severely beaten and
threatened with rape.” The statement also says: "… no evidence or witnesses
were brought against these men, and that they did not have reasonable access to
their legal counsel.”[6]
Despite the fact that only a piece of evidence in Loghman and Zanyar’s case was
their confessions extracted under torture, and they had emphasised on torture
for years, their execution verdict was upheld by Supreme Court. Loghman even
presented witnesses that at the day of the assassination, he was at a small
city 35 Kilometers far from the location. Moradis’ lawyer, Saleh Nikbaht, told
BBC Persian: “No weapon seized from them… In contrary to the law, no crime
scene reconstruction report was present in the case… There were witnesses who
confirmed that Loghman was in Sarvabad City, 35 Kilometers far from the crime
scene at the day of event... I have defended hundreds in several courtrooms and
had never seen such a case.”[7]
The bodies of Zanyar and Loghman were buried at an undisclosed location without
informing the family.
Ramin Hossein Panahi:
Iranian Kurdish political prisoner Ramin Hossein Panahi was executed on
September 8, 2018.[8] Ramin was shot and arrested by the Revolutionary Guards
on Friday, June 23, 2017. The Revolutionary Guards claimed that he was armed
while his family rejected the claim. Ramin was transferred to Sanandaj Central
Prison on January 9, 2018, after 200 days in solitary confinement of the
Intelligence Organization of Iranian Revolutionary Guards Corps (IRGC) and the
Ministry of Intelligence. He was sentenced to death in the first session on the
charge of "rebellion against the regime, acting against the national security,
and being a member of Komala Party of Iranian Kurdistan." The Revolutionary
Court of Sanandaj sentenced Ramin Hossein Panahi to death on the charge of
rebellion against the Islamic regime in January 2018.[9] His execution was
upheld by branch 39 of the Supreme Court on Tuesday, April 10[10] after which
his lawyer requested a retrial. According to Ramin’s lawyer Hossein Ahmadiniaz,
he was not informed by the authorities about the scheduled execution of his
client as it is required by the law and Ramin’s appeal process was not finished
when he was executed. Ramin’s body was not handed over to the family after the
execution and it was buried at an undisclosed location. On 19 April 2018, UN
rights experts had called on Iran to annul death sentence against Ramin Hossein
Panahi.[11]
Corruption on earth and rebellion for cooperation with ISIS
On the morning of Saturday, July 7, 2018, eight prisoners who were charged with
Corruption on earth and rebellion (Articles 286-287 of IPC) and convicted for
participation in the 2017 Isis attacks in Tehran were executed.[12] None of the
official reports mention the execution site, however, since the prisoners were
held at ward 209 of Evin prison, it is most possible that their execution was
carried out at Evin Prison. The prisoners named as Soleiman Mozafari, Esmail
Sufi, Rahman Behrouz, Seyyed Majed Mortezai, Sirous Azizi, Ayyoub Esmaili,
Khosro Ramezani and Osman Behrouz.[13]
The prisoners were arrested after the 2017 terrorist attacks on Tehran's
parliament and the shrine of Ayatollah Ruhollah Khomeini. However, according to
several reports, some of those executed were not directly involved in the
attacks and were sentenced to death on the charge of having information about
the operation and, in some cases, providing the attackers with logistic
support.
There is no information regarding the process of the interrogation, hearing,
and trial of those prisoners. It is also not clear if the defendants had any
lawyers or public defenders.
Corruption on earth for economic corruption and fraud
Following the 2018 Iranian currency collapse, Iranian Supreme Leader Ali
Khamenei approved a request by the judiciary to set up special courts to deal
with so-called financial crimes on August 11, 2019. Khamenei wrote in his
letter to Sadegh Amoli Larijani, the head of judiciary, that punishments for
those accused of economic corruption should be "carried out swiftly and
justly."Economic Corruption Courts are the newest subdivision of Islamic
Revolutionary Courts and are eligible to try all suspects, including "official
and military" people. The sentences can include the death penalty.[14]
Vahid Mazloumin, Mohammad Esmaeel Ghasemi and Hamid Bagheri Dermani
On November 14, 2018, Vahid Mazloumin and Mohammad Esmaeel Ghasemi were hanged
on economic corruption charges in Tehran. Mazloumin, dubbed the "sultan of
coins" by Iranian media, was a trader accused of manipulating the currency
market. Mazloumin was allegedly caught with two tons of gold coins, according
to the Iranian Students' News Agency (ISNA). Ghasemi was part of Mazloumin's
network and had been involved in the sale of gold coins, Mizan
reported.[15]Hamid Bagheri Dermani,[16] a businessman known by the State-run
Iranian media as the "Sultan of Bitumen", was executed Saturday morning,
December 22, on alleged economic corruption charges. Hamid Bagheri Dermiani's
case was initially processed by the newly established anti-corruption court but
later sent to the Revolutionary Court where he was charged with "spreading
corruption on earth" and sentenced to death in October 2018.
Iranian Supreme Court upheld Bargheri Dermani’s death sentence quickly after
the verdict was issued. Two other prisoners, Dariush Ebrahimian Bilandi and
Younes Baha'd-dini, are sentenced to death on similar charges in Fars province
and might be executed in the near future.[17]
Corruption on earth for establishing a fake spiritual group
Karim Zargar
Early 2018, Karim Zargar, the former general manager of IRIB's international
section, Iran TV's channel one broadcast manager, head of the Faculty of Radio
and Television, and owner and managing director of Film Reports magazine
(Gozaresh-e-Film), was hanged at Rajai Shahr Prison. He was convicted to death
by judge Salavati at branch 15 of the Revolutionary Court on the charge of
Corruption on earth for establishing a “fake spiritual institution.” His
lawyer, Vahid Moshkan Farahani, told IHR that in contrary to Iranian law, even
the date of carrying out the verdict was not informed to the lawyer. It seems
he was hanged because of his spiritual beliefs that were against the official
religious reading of Islam by the Iranian authorities. He was also charged with
rape and sexual abuse of some of the attendees in his classes, charges which
are believed to be constructed by the authorities to reduce the public
pressure. The whole legal process leading to this execution was
non-transparent, like many other cases in the Revolutionary Courts.[18]
References:
[1] Iran Human Rights annual reports on the death penalty:
https://iranhr.net/en/reports/#/
[2] https://iranhr.net/en/articles/3102/
[3]
https://www.theguardian.com/world/2018/oct/24/iran-charges-five-wildlife-activists-capital-offences-spying
[4] https://iranhr.net/en/articles/3476/
[5] https://iranhr.net/en/articles/3472/
[6] https://iranhr.net/en/articles/815/
[7] http://www.bbc.com/persian/iran-45490264
[8] https://iranhr.net/en/articles/3475/
[9] https://iranhr.net/en/articles/3212/
[10] https://iranhr.net/en/articles/3276/
[11]
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22959&LangID=E
[12] https://iranhr.net/en/articles/3381/
[13] http://www.irna.ir/fa/News/82963881
[14]
https://www.rferl.org/a/iran-s-supreme-leader-approves-special-corruption-courts/29427873.html
[15] Mizan online news agency, November 15, 2018: https://goo.gl/PqS8sD
[16] https://iranhr.net/en/articles/3594/
[17] https://iranhr.net/en/articles/3549/
[18] https://iranhr.net/en/articles/3228/
(source: Iran Human Rights)
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